- Collection:
- Georgia Government Publications
- Title:
- Acts and resolutions of the General Assembly of the state of Georgia, 1984, volume II
- Creator:
- Georgia. General Assembly
- Publisher:
- Atlanta, Ga. : Georgia. Secretary of State
- Date of Original:
- 1984
- Subject:
- Administrative acts--Georgia
Legislation--Georgia
Law--Georgia - Location:
- United States, Georgia, 32.75042, -83.50018
- Medium:
- legislative acts
- Type:
- Text
- Format:
- application/pdf
- Description:
- Acts and resolutions of the General Assembly of the State of Georgia.
- External Identifiers:
- Call Number GA L407 1984 V.2
- Metadata URL:
- https://dlg.galileo.usg.edu/id:dlg_ggpd_y-ga-bl407-b1984-bv-p2
- Digital Object URL:
- https://dlg.galileo.usg.edu/do:dlg_ggpd_y-ga-bl407-b1984-bv-p2
- Language:
- eng
- Holding Institution:
- University of Georgia. Map and Government Information Library
- Rights:
-
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Compiler's Note
General Acts and Resolutions of the 1984 session will be found in volume one beginning at page one. Proposed amendments to the Constitution passed at the 1984 session will be found beginning at page 1701 of volume one. This volume is bound separately.
Local and special acts and resolutions are grouped in volume two beginning at 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 1983 are printed in volume two beginning at page 5329. Home Rule Actions by Counties filed in the office of the Secretary of State during 1983 are printed in volume two beginning at page 5277.
There are no numbered pages between 1922 and page 3501.
The indexes are printed in each volume and cover materials in both volumes. The tabular indexes list matter by broad categories; the general index is a detailed alphabetical index by subject matter. Where possible to do so, general acts have been indexed by reference to the titles of the Official Code of Georgia Annotated which they amend.
ERRATUM Pg. 423 in caption 4-2-711 should read 40-2-71.1 Pg. 4106 word "Referendum" should be added to caption.
/
LOCAL AND SPECIAL ACTS AND RESOLUTIONS
OF THE
GENERAL ASSEMBLY
OF THE STATE OF GEORGIA
1984
Compiled and Published by Authobity of the State Received
Volume II
OCT 3 B84
DOCUMENTS UGA LIBRARIES
v
/ IIS
<>c?*5~
GEORGIA LAWS 1984
TABLE OF CONTENTS
VOLUME ONE
Acts by Numbers--Page References Bills and Resolutions--Act Number References Acts and Resolutions of General Application Vetoes by the Governor, 1979 Session Map of Counties and Judicial Circuits Appellate Courts--Personnel Superior Courts--Personnel and Calendars Index--Tabular Index--General Population of Georgia Counties--Alphabetically Population of Georgia Counties--Numerically Georgia Senatorial Districts, Alphabetically by County Georgia Senators, Alphabetically by Name Georgia Senators, Numerically by District Georgia House Districts, Alphabetically by County Georgia Representatives, Alphabetically by Name Georgia Representatives, Numerically by District Status of Referendum Elections for the Years 1953-1983
TABLE OF CONTENTS
VOLUME TWO
Acts by Numbers--Page References Bills and Resolutions--Act Number References Acts and Resolutions of Local Application County Home Rule Actions Municipal Home Rule Actions Vetoes by the Governor, 1979 Session Map of Counties and Judicial Circuits Appellate Courts--Personnel Superior Courts--Personnel and Calendars Index--Tabular Index--General Population of Georgia Counties--Alphabetically Population of Georgia Counties--Numerically Georgia Senatorial Districts, Alphabetically by County Georgia Senators, Alphabetically by Name Georgia Senators, Numerically by District Georgia House Districts, Alphabetically by County Georgia Representatives, Alphabetically by Name Georgia Representatives, Numerically by District Status of Referendum Elections for the Years 1953-1980
iii
iv xii
1 1729 1738 1739 1740 1750 1774 1831 1834 1836 1838 1840 1843 1845 1853 1861
iv xii 3501 5277 5329 5487 5496 5497 5498 5508 5532 5589 5592 5594 5596 5598 5601 5603 5611 5619
ACTS BY NUMBERS, PAGE REFERENCES
Act No.
Page Act No.
Page
572.
3501 619
3727
573.
3507 620.
3729
574.
3513 621.
337
575.
3523 622.
3740
576.
3531 623.
3743
577.
3534 624.
3747
578.
3542 625.
3751
579.
1 626.
3755
580.
22 627.
3758
581.
131 628.
3760
582.
3544 629.
339
583.
132 630.
3763
584.
133 631.
3766
585.
3547 632.
3770
586.
3564 633.
3772
587.
3575 634.
:... 3777
588.
3580 635.
3779
589.
136 636.
3785
590.
3583 637.
3788
591.
3588 638.
3790
592.
3591 639.
3793
593.
3601 640.
3795
594.
3608 641.
3801
595.
3618 642.
3805
596.
3624 643.
3807
597.
3627 644.
343
598.
3634 645.
3814
599.
3638 646.
3817
600.
331 647.
3819
601.
3641 648.
3822
602.
3644 649.
3829
603.
3647 650.
3834
604.
3649 651.
3836
605.
3652 652.
348
606.
3654 653.
3838
607.
3658 654.
3846
608.
3662 655.
3848
609.
3665 656
610.
3668 657
611.
3671 658
612.
3675 659
613.
3680 660
614.
3688 661
615.
3694 662
616.
3704 663
617.
3717 664
618.
3724 665
IV
Act No.
666. 667. 668. 669. 670. 671. 672. 673. 674. 675. 676. 677. 678. 679. 680. 681. 682. 683. 684. 685. 686. 687. 688. 689. 690. 691. 692. 693. 694. 695. 696. 697. 698. 699. 700. 701. 702. 703. 704. 705. 706. 707. 708. 709. 710. 711. 712. 713. 714. 715.
Page Act No.
3877 716 3880 717 3882 718 351 719 3884 720 3887 721 3892 722 3894 723 3896 724 3899 725 3901 726 3904 727 3907 728 3909 729 3911 730 3915 731 3917 732 3919 733 3923 734 3926 735 3930 736 3937 737 3939 738 3942 739 3944 740 3946 741 3952 742 3955 743 3957 744 3960 745 3962 746 3965 747 3969 748 3971 749 3978 750 3980 751 3983 752 3988 753 3990 754 3992 755 3994 756 3997 757 4000 758 4002 759 4005 760 4006 761 4009 762 4013 763 4015 764 4017 765
v
Page
4020 4022 4024 4026 4033 4035 4037 4039 4041 4043 4045 4047 4050 4052 4054 4057 4059 4061 4064 4067 4069 4071 4073 4078 4080 4083 4087 4090 4092 4094 4098 4100 4103 4106 4109 4111 4113 4114 4116 4118 4120 4123
352 357 4125 4128 4130 4135 4139 359
Act No.
766 767 768 769 770 771 772 773 774 775 776 777 778 779 780 781 782 783 784 785 786 787 788 789 790 791 792 793 794 795 796 797 798 799 800 801 802 803 804 805 806 807 808 809 810 811 812 813 814 815
Page Act No.
4141 818
4184 836 4187 837 4196 840 4199 842 4201 843 4205 844 4210 846 4212 847 370 848 373 849
387 856
404 864 413 865
vi
Page
365 415816 367 416817
420 4144 422819 4148 423820 4150 425821 4152 427822 4154 430823 4157 431824 4159 433825 4162 4254826 4164 434827 4166 4256828 4168 4261829 4171 4264830 4173 4266831 4175 4269832 4177 4273833 4180 436834 4182 438835
439
440 4190 441838 4192 442839
443 4198 444841
1445
^446 448
4207 451845 452 454 463 467
4242 469850 374 472851 4245 4281852 375 4287853 378 4289854 381 4291855
4293 388 4296857 389 4298858 393 4303859 4250 4306860 394 4308861 397 4310862 398 4314863
4316 4318
Act No.
866 gg7
868''
^
869
870 871
872' H 873 874.." 875
876 877
878 879
880' 881 882 883 884 885
886 887 888 889 890 891 892
893 894 895 896 897 898 899 900 901 902 903 904 905 906 907 908 909 910 911 912 913 914 915
Page Act No.
495
916
498 917.
500 918.
502 921.
503 922 504 923 . 505 924.
516 929. 517 930
544 940. 548 942 561 945 562 946 568 949
580 954 581 955 583 956 591 959
vii
Page
599 602 603 4321 604919. 501 606 920. 608 609 611 612 507 613 925 . 511 614 926. 513 616 927 . 514 617 928. 4323 4326 5194335 931. 5204338 932. 5224340 933. 5294343 934. 5354345 935. 5364349 936. 5374352 937 . 5442359 938 5443362 939. 4364 5446367 941. 4369 5449371 943. 5542374 944 4377 4379 5645381 947 5647383 948 619 571621 950 572632 951 575634 952 576935 953 636 637 639 586541 957 586943 958 644 596247 960 596349 961 596451 962 596552 963 596653 964 596756 965
Act 1
966 967 968 969 970 971 972 973 974 975 976 977 978 979 980 981 982 983 984 985 986 987 988 989 990 991 992 993 994 995 996 997 998 999 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011
Page Act No.
657 1016 658 1017 660 1018 661 1019 674 1020 675 1021 677 1022 679 1023 680 1024 681 1025 682 1026 685 1027 686 1028 689 1029 690 1030 693 1031 694 1032 696 1033 697 1034 699 1035 702 1036 704 1037 4385 1038 4387 1039 4390 1040 4393 1041 4395 1042 4398 1043 4400 1044 4402 1045 4405 1046 4408 1047 4411 1048 4413 1049 4415 1050 4422 1051 4426 1052 4435 1053 4438 1054 4440 1055 4442 1056 4447 1057 4451 1058 4455 1059 4459 1060 4467 1061 4475 1062 4478 1063 4480 1064 4483 1065
viii
Page
4485 4488 4491 705 4494 4497 4500 4516 4519 4521 4524 4527 4529 4531 4534 4536 4559 4561 4563 4576 4586 4595 4599 4601 4605 4607 4609 4613 4628 4633 4635 4638 4642 4645 4647 4649 4653 4657 4661 4669 4675
711 713 4679 4685 4687 4690 4692 4694 4696
Act No.
1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 . 1097. 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1113
1114 1115
Page Act No.
4707 1119.
4779 1130. 4829 1133. 4862 1134. 4873 1135.
4916 1140 4935 1142 4950 1143 4955 1145 4967 1146
756 1147 760 1149
780 1155 785 1158 788 1159 790 1160
802 1165
Page
4698805 1116. 4708207 1117. 4708508 1118
810
4708912 1120. 4718116 1121.
718518 1122. 718724 H23 728026 1124. 728127 1125 . 728328 1126. 728731 1127 .
4728734 1128. 4748539 1129.
841
4798342 1131. 4828344 1132.
851
852
859
4887670 488621 4888744 48876
890
1136. 1137. 1138. 1139
4982902 1141
894
895
4985926 1144
898
900
903
795084 1148
907
796028 1150
796142 1151
797153 1152
797272 1153
797284 1154
926
978219 1156
973823 1157
935
936
937
974902 1161
974914 1162
974947 1163
984081 1164
949
Act No.
1166 1167 1168 1169 1170 1171 1172 1173 1174 1175 1176 1177 1178 1179 1180 1181 1182 1183 1184 1185 1186 1187 1188 1189 1190 1191 1192 1193 1194 1195 1196 1197 1198 1199 1200 1201 1202 1203 1204 1205 1206 1207 1208 1209 1210 1211 1212 1213 1214 1215
Page Act No. 968 1221
5186 1241 5197 1244 983 1251
x
Page
9512034 1216 9621036 1217 9614038 1218 9661041 1219 9617058 1220
1067
9701070 1222 9741071 1223 49918074 1224 9761077 1225 50041079 1226 505100801227 50717084 1228 9812086 1229 51019087 1230 511410961231 51191100 1232 51261105 1233 51301117 1234 51312119 1235 51315122 1236 513711241237 51416129 1238 51512142 1239 51717144 1240
1146 518811491242
5191 152 1243
1155 520211601245 520511771246 521011791247 52151182 1248 5231 192 1249 523311931250
1194 523611961252 523911991253 525312011254 99012031255
9961204 1256 99812101257 10010211 1258 10014216 1259 10015218 1260 101512191261 10161221 1262 101712231263 10119227 1264 1021 244 1265
Act No.
Page Act No.
Page
1266. 1267. 1268. 1269. 1270. 1271. 1272. 1273. 1274. 1275. 1276. 1277. 1278. 1279. 1280. 1281. 1282. 1283. 1284. 1285. 1286. 1287. 1288. 1289. 1290. 1291. 1292. 1293. 1294. 1295. 1296. 1297. 1298. 1299 1300 1301 1302
1253 1255 1263 1266 1274 1279 1284 1294 1296 1309 1314 1317 1319 1321 1323 1324 1325 1329 1333 1335 1337 1338 1345 1359 1361 1362 1369 1371 1372 1374 5257 1376 1377 1388 1389 1394 1397
1303. 1304. 1305. 1306. 1307. 1308. 1309. 1310. 1311. 1312. 1313. 1314. 1315. 1316. 1317. 1318. 1319. 1320. 1321. 1322. 1323. 1324. 1325. 1326. 1327. 1328. 1329. 1330 1331 1332 1333 1334 1335 1336 1337 1338
1406 1426 1428 1430 1432 1433 1435 1437 1439 1465 1466 1467 1477 1487 1489 1490 1495 5268 1502 1644 1647 1648 1654 1674 1675 1677 1679 1680 1683 1685 1688 1691 1692 1694 1697 5270
RESOLUTIONS BY NUMBER, PAGE REFERENCES
Res. No.
Page Res. No.
Page
35
42
329
36
43
332
37
336 44
38
45
475
39
476 46
40
47
479487
41
48
481
xi
Res. No.
Page Res. No.
Page
49.
489 71
1707
50.
491 72
1709
51.
492 73
4722
52.
494 74
4723
53.
4281 75
4724
54.
4450 76
750
55.
4597 77
753
56.
729 78
4725
57.
732 79
978
58.
735 80
1711
59.
737 81
5048
60.
740 82
980
61.
742 83
1713
62.
744 84
1714
63.
4716 85
1716
64.
4717 86
1277
65.
4718 87
1719
66.
4719 88
1722
67.
4720 89
1313
68.
1703 90
1726
69.
746 91
5266
70.
4721
BILLS AND RESOLUTIONS--ACT NUMBER REFERENCES
House Bill
Act No. House Bill
Act No.
49
1312 442
1148
94
Veto No. 24 451
1225
123
1316 457
1305
143
464
Ve1t2o76No. 27
144
501
1119 928
152
1304 511
1319
169
1205 518
963
199
Veto No. 28 520
1120
213
1146 531
1255
256
1244 536
1277
272
1206 542
1278
274
1207 554
1182
285
621 559
1149
309
1308 571
1317
358
Veto No. 19 594
1226
414
1147 599
425
834 600
431
915 618
1208
434
868 634
438
870 635
xii
House Bill
644 680 698 706 790 815 817 828 830 839 840 844 845 847 848 849 850 851 852 853 855 856 857 858 862 864 869 870 871 873 877 878 883 884 886 888 890 891 893 894 895
900
901
903
905
907
908
910
912
913
Act No. House Bill
871 914 629 915 1209 918 1292 919 964 920 1150 921 1265 926 1331 928 1121 929
699 949 576 950 1264 951 929 952
631 961
Veto No. 26 968 1185 969.
1313 978. 632 979. 872 980.
1229 983 . 967 984.
Act No.
835
1151
836
837
1008
700
1152
1077
578
1245918 931
1210838 933
575919 934
1183600 935
695579 936
696969 937 6917230 938
1087970 939
10818318 940 572971 941 5713153 942 698972 943 11814231 946 1204873 948
1268
973
1154
1123 630758 957 11212232 960
633 916701 962 1203702 963 1261589 965 1228703 966
874
974
9615124 970
9117125 973.
1592766111760211425765
974. 975. 976.
765875 977.
1156
1157
920 1246839 981. 12516158 982 .
975
1279 9618233 985.
Act No. House Bill
987
1127 1079
988
976 1082
989
978 1083
990
840 1087
994
876 1088
995
877 1089
996
574 1090
998
977 1091
999
921 1092
1003
1211 1093
1006
1212 1094
1008
1213 1095
1009
922 1101
1010
1301 1102
1015
1074 1103
1016
1280 1106
1022
1128 1107
1023
1293 1109
1024
841 1111
1025
1129 1112
1026
1130 1113
1027
923 1114
1029
Veto No. 20 1116
1030
742 1117
1031
878 1118
1032
581 1119
1033
979 1120
1034
583 1121
1036
879 1122
1037
1131 1123
1038
1248 1124
1040
743 1131
1042
1214 1132
1045
1321 1133
1046
1257 1135
1047
1215 1136
1048
1259 1138
1053
1249 1139
1054
924 1141
1057
1216 1144
1058
1217 1147
1059
1132 1149
1062
842 1150
1064
744 1152
1067
Veto No. 22 1153
1068
1282 1155
1070
980 1156
1073
981 1158
1077
1218 1159
1078
1160 1160
xiv
t No.
1017 1234 1302 843 1161 880 1250 881 768 745 746 948 767 1133 844 1134 1162 1235 1135 1159 1006 982 1186 747 983 748 749 1199 882 1163 1003 845 1299 1298 883 750 1164 1272 751 1219 592 1165 1118 1236 846 584 580
Act No. House Bill
Act No.
704 1235
Veto No. 29 1238
884 1242
885 1245
1310 1246
930 1247
766 1248
1220 1249
1251 1250
1171
1137 1252
1172
1306 1253
1174
847 1254
1176
752 1255
1177
705 1256
1178
753 1257
1179
754 1259
1180
1009 1260
1181
1221 1261
1185
925 1263
1186
755 1264
1187
1167 1265
1189
582 1267
1191
886 1268
1193
585 1269
1194
595 1271
1195
887 1272
1196
759 1274
1197
1309 1275
1198
1314 1276
1199
1222 1278
1200
926 1281
1201
984 1282
1203
706 1283
1204
756 1287
1205
Veto No. 18 1288
1206
1273 1290
1207
1281 1293
1208
848 1292
1209
1283 1294
1211
1223 1296
1213
888 1298
1215
1168 1302
1216
1138 1306
1217
889 1310
1220
1284 1312
1222
707 1313
1223
1076 1314
1224
708 1317
1230
1337 1318
1232
890 1319
xv
1323 757 1072 587 586 729 688 849 891 588 599 730 731 689 690 733 1295 732 734 1073 1285 1139 946 735 1169 691 1179 604 985 1326 867 736 692 737 693 1237 1263 1238 H40 1300 738 769 739 694 850
1252 927 1286
622 623
1321 1323 1324 1325 1326 1328 1330 1331 1332 1335 1337 1338 1339 1342 1343 1344 1346 1348 1349 1350 1354 1356 1358 1361 1364 1370 1371 1372 1373 1374 1375 1377 1379 1380 1381 1382 1383 1386 1387 1388 1389 1390 1393 1394 1396 1397 1400 1401 1402
Act No. House Bill
740 741 624 1071 625 1324 1170 626 627 986 628 1287 866 1171 1141 1172 1173 1224 613 618 617 1142 1253 1288 770 1143 673 674 675 Veto No. 17 676 591 677 678 679
931 865 932 680 681 597 682 851 611 1038 683
727 1078 684 685
1403 1404 1405 1406 1407 1408 1409 1410 1411 1412 1413 1414 1415 1416 1417 1418 1419 1420 1421 1422 1423 1424 1425 1426 1427 1428 1429 1432 1433 1435 1436 1438 1440 1442 1443
1444 1445 1446 1447 1448 1449 1450 1451 1452 1454 1456
1462 1463 1464 1465
xvi
Act No.
1010 1190 686 1089 687 713 771 714 715 716 717 718 719 987 1039 1307 720 721 722 723 724 772 1040 1005 725 605 603 1075 1002 726 1011 728 669 Veto No. 13 1007 1018 863 864 1041 773 1057 774 1058 775 778 670
593 671 672 709
House Bill
1466 1469
1470
1471 1472 1473 1475 1479 1480 1481
1482 1483 1484 1485 1486 1487 1488 1489 1490 1491
1492 1493 1494 1495 1496 1497 1498 1499 1500 1501 1502 1503 1504 1505 1506 1507 1508 1509 1511 1512 1514 1515 1516 1517 1518 1519 1520 1521 1522 1523
Act No. House Bill 862 1524
Veto No. 15 1239 1266 778 852 853
947
1528 . 1529. 1530. 1531. 1532. 1533.
1534.
609 1539.
934 1557 859 1562
xvii
Act No.
1021
7110092 1525 7717201 1526. 7111202 1527 .
1093
1191
1181
1061
1022
783
1023
767097789864
1535. 1536 .
857485 1538.
860
1057986 1541. 8150562 1542 . 8150624 1545. 9130363 1546 . 10110225 1547 . 6100126 1548 10110927 1549 .
12180964 1550.
10110365 1551.
10140201 1552 . 8150766 1554. 8150800 1555 . 717264 1556
763
1047362 1558 1047461 1559 1094599 1560 1096908 1561
787
11209709 1563
11001944 1564
1260006 1565
1064160 1566
151944 1568
11312485 1569
11005667 1571
1099907 1572
1091956 1573
1091965 1574
11107447 1577
11138308 1581
7808 1582
1092904 1583
171817 1584
190913 1585
House Bill
1587. 1589. 1591. 1592. 1593. 1594. 1595. 1596 1598. 1600. 1601. 1602. 1603. 1605. 1606 1608. 1609. 1610. 1611. 1612. 1613. 1614. 1615. 1616. 1619. 1620. 1621. 1622. 1623. 1624. 1625. 1628. 1629. 1630. 1631. 1632. 1633. 1634. 1635. 1636. 1638. 1639. 1640. 1641. 1642. 1643. 1644. 1645. 1646 1647 .
Act No. House Bill
1188 1650. 1048 1652. 992 1653. 991 1654. 1192 1655. 990 1656. 989 1657. 988 1658. 1028 1659. 797 1662. 1193 1664. 789 1665. 790 1666. 1320 1670. 1095 1672. 1068 1673. 1080 1674. 791 1675. 935 1676. 1189 1677. 1081 1678. 1049 1679. 936 1680. 1029 1682. 937 1683. 869 1685. 1177 1686. 1050 616 House Res. 614 1296 1668 1051 760 1052 Senate Bill 615 1053 23 1082 28 1194 38 792 61 1195 63 1030 93 938 101 1031 106 1196 108 793 112 1083 122 794 149 1032 167 939 174 795 175
xviii
Act No.
1197 1033 607 940 861 1034 1084 1035 1036 941 1037 1176 942 1085 943 1178 944 945 1086 1198 1069 1070 619 620 1054 1055 1096
Res. Act
598
Act No.
951 1097 798 1240 1098 1303 892 893 1099 799 800 894 895 801 1335
Act No. Senate Bill
Act No.
186
1315 389
1311
191
1100 390
1332
227
802 392
1262
232
896 393
634
246
Veto No. 21 395
1325
248
1101 400
657
254
1102 401
1330
259
1103 403
643
290
803 404
635
297
1267 405
812
298
590 408
1111
312
897 409
898
315
906 410
658
319
1104 411
957
321
1105 415
899
322
952 419
813
323
953 420
814
325
1297 421
Veto No. 14
326
954 425
1112
328
955 426
1113
331
804 427
1291
332
1271 432
815
333
805 433
816
338
956 436
571
343
1106 440
901
344
1329 442
817
346
907 444
818
351
908 445
901
352
950 446
1175
354
1274 447
910
355
1275 448
911
358
1107 449
958
363
1241 450
959
364
1327 451
819
366
909 452
903
367
Veto No. 23 454
960
369
806 455
912
370
1242 457
820
371
807 459
660
372
1270 463
904
374
1108 465
821
375
808 469
1334
376
809 471
644
378
1109 473
961
382
642 474
636
383
810 475
637
385
Veto No. 16 476
596
386
656 477
1258
387
1110 480
949
811 481
659
XIX
Senate Bill
482. 483. 486. 487. 488 490 492 494 495 497 498 500 502 503 504 505 507 513 515 521 523 524 525 527 530 535 537 538 541 542 544 545 548 549 550 551 552 553 554 555 556 557 558 559 560 561 562 563 564 565
Act No. House Resolution
1114 182 1333 185 661 210 822 444 1254 445 638 446 602 447 662 448 639 449 905 451 1243 476 663 478 646 482 645 487 1269 489 640 504 664 505 1336 522
665 524 666 541 1115 543 823 544 668 572 824 587 647 588 913 589 914 590
825 621 826 625 648 631 827 642 962 643 me 644 1117 645 649 653
650 655 641 695
651 696 654 706 652 710 828 713 667 733 829 734
653 655 Senate Resolution 831 612 832 267 833 268
xx
Res. Act No.
VO 71 45 72 73 74 75 82 46 54 76 35 77 47 48 49 85 37 50 36 78 51 56 57 58 80 59 60 69 52 61 62 89 79 63 64 91 55 65 66 67 68 81
Res. Act No.
88 87
Senate Resolution
274 277 300 301 307 313
Res. Act No. Senate Resolution
90 315 38 319 83 344 39 366 84 383 40 431
Res. Act No.
41 86 42 43 44 Veto No. 25
xxi
LOCAL AND SPECIAL ACTS AND RESOLUTIONS
OF THE GENERAL ASSEMBLY
OF THE STATE OF GEORGIA
1984
Compiled and Published by Authority of The State
LOCAL AND SPECIAL ACTS AND RESOLUTIONS
OF THE
GENERAL ASSEMBLY OF THE
STATE OF GEORGIA
1984
NEWTON COUNTY -- EDUCATION DISTRICTS. No. 572 (House Bill No. 852). AN ACT
To amend an Act relating to the board of education of Newton County, approved March 31,1967 (Ga. L. 1967, p. 2405), as amended, particularly by an Act approved March 31,1976 (Ga. L. 1976, p. 3505), so as to change the composition of the districts from which members of the board are elected; 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 relating to the board of education of Newton County, approved March 31,1967 (Ga. L. 1967, p. 2405), as amended, particularly by an Act approved March 31,1976 (Ga. L. 1976, p. 3505), is amended by striking Section 1 and inserting in its place a new section to read as follows: "Section 1. (a) The board of education of Newton County shall be composed of five members. For the purpose of electing members of
3502 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
the board the Newton County School District is divided into five education districts as follows:
Education District No. 1
Newton Tract 1002 Tract 1003 Blocks 310 and 311 Tract 1008
Education District No. 2
Newton Tract 1005 That portion of Block 114 outside the City of Covington That portion of Block 115 outside the City of Covington which lies south of Brown Bridge Road That portion of Block 116 outside the City of Covington which lies south of Beaverdam Creek Blocks 117, 118, and 120 through 126 Tract 1006 Blocks 111 through 126 That portion of Block 133 inside the City of Porterdale Blocks 134 through 136, and 138 through 152 Tract 1009
Education District No. 3
Newton Tract 1001 Block Group 1 Those parts of Blocks 209 and 210 which lie west of Alcovy Road Blocks 213 through 250, 260, and
GEORGIA LAWS 1984 SESSION
301 through 309 Tract 1004
Block 101 Those parts of Blocks 102 and
103 outside the City of Covington Blocks 104 through 107 That part of Block 108 inside the City of Oxford Blocks 109 through 124 That part of Block 125 which lies west of County Road 59 Blocks 126 and 129 through 136 That part of Block 201 outside the City of Covington Tract 1005 Blocks 101 through 108 That part of Block 109 outside the City of Porterdale Blocks 110 through 112 That part of Block 113 which lies west of Womack Road and north of Kirkland Road Blocks 119 and 130 through 132 Tract 1006 Those parts of Blocks 108 and 109 outside the City of Porterdale Block 110
Education District No. 4
Newton Tract 1004 Those parts of Block 108 outside the City of Oxford That part of Block 125 which lies east of County Road 59 Blocks 127, 128, 208, 211, 212, 216, 217, 221 through 238, 240, 249, 250, 301 through 308, and 311 through 314 Tract 1005 That part of Block 109 inside the City of Porterdale That part of Block 113 which lies
3503
3504 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
east of County Road 306 That part of Block 114 inside the
City of Covington That part of Block 115 which lies
east of County Road 306 That part of Block 116 which lies
north and east of County Road 448 Tract 1006
Blocks 101 through 107 Those parts of Blocks 108 and 109
inside the City of Porterdale Blocks 127 through 132 That part of Block 133 inside the
City of Covington Tract 1007
Blocks 104 through 109, 114 through 121, and 125 through 132
That part of Block 134 which lies west of Rebecca Street or south of Pinecrest Drive
Blocks 136 through 143 That part of Block 144 inside the
City of Covington Blocks 145, 146, and 156 through 158
Education District No. 5
Newton Tract 1001 Blocks 201 through 208 Those parts of Blocks 209 and 210 which lie southeast of Alcovy Road Blocks 211, 212, and 310 Tract 1003 Blocks 101 through 150 and 160 Block Group 2 Blocks 301 through 309 Tract 1004 Those parts of Blocks 102, 103, and 201 inside the City of Covington Blocks 202 through 207, 213 through 215, 218 through 220, 239, 241 through 248, 309, and 310
GEORGIA LAWS 1984 SESSION
3505
Tract 1006 That part of Block 133 in unincorporated Newton County
Tract 1007 Blocks 101, 102, 110 through 113, 122 through 124, and 133 That part of Block 134 which lies east of Rebecca Street and north of Pinecrest Drive Block 135 That part of Block 144 outside the City of Covington Blocks 147 and 155
(b) For the purposes of this section:
(1) The terms `Tract' or `Census Tract,' `Block Group,' and `Block' shall mean and shall describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1980 for the State of Georgia.
(2) Whenever the description of any education district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 1980 for the State of Georgia.
(3) Any part of the Newton County School District which is not included in any district described in this section shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 1980 for the State of Georgia.
(c) The terms of the members in office on the effective date of this section shall not be affected by this section. At the general election next preceding the expiration of the term of each member, a successor shall be elected from the education district described in this section which is designated by the same number as the district from which the incumbent was elected."
Section 2. This Act shall become effective July 1,1984.
3506 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 1983 regular session of the Georgia General Assembly legislation to change the composition of districts from which the members of the Newton County Board of Commissioners and the members of the Newton County Board of Education are elected; and for other purposes.
This 8th day of February, 1983.
Denny Dobbs Representative, 74th District
E. R. Lambert Representative, 112th 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 10,17, 24, 1983.
/s/ Denny M. Dobbs Representative, 74th District
GEORGIA LAWS 1984 SESSION
Sworn to and subscribed before me, this 28th day of February, 1983.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved January 27,1984.
3507
NEWTON COUNTY -- BOARD OF COMMISSIONERS -- COMPOSITION OF MEMBER DISTRICTS.
No. 573 (House Bill No. 853).
AN ACT
To amend an Act creating a board of commissioners of Newton County, approved April 6, 1967 (Ga. L. 1967, p. 2784), as amended, particularly by an Act approved March 25,1976 (Ga. L. 1976, p. 3402), so as to change the composition of the districts from which members of the board are elected; 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 board of commissioners of Newton County, approved April 6,1967 (Ga. L. 1967, p. 2784), as amended, particularly by an Act approved March 25,1976 (Ga. L. 1976, p. 3402), is amended by striking Section 1-101 and inserting in its place a new section to read as follows:
"Section 1-101. (a) There shall be a board of commissioners of Newton County which shall consist of five members. For purposes of electing members of the board, Newton County is divided into five commissioner districts as follows:
3508 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Commissioner District No. 1
Newton Tract 1002 Tract 1003 Blocks 310 and 311 Tract 1008
Commissioner District No. 2
Newton Tract 1005 That portion of Block 114 outside the City of Covington That portion of Block 115 outside the City of Covington which lies south of Brown Bridge Road That portion of Block 116 outside the City of Covington which lies south of Beaverdam Creek Blocks 117, 118, and 120 through 126 Tract 1006 Blocks 111 through 126 That portion of Block 133 inside the City of Porterdale Blocks 134 through 136 and 138 through 152 Tract 1009
Commissioner District No. 3
Newton Tract 1001 Block Group 1 Those parts of Blocks 209 and 210 which lie west of Alcovy Road Blocks 213 through 250, 260, and 301 through 309 Tract 1004 Block 101 Those parts of Blocks 102 and
GEORGIA LAWS 1984 SESSION
103 outside the City of Covington Blocks 104 through 107 That part of Block 108 inside the City of Oxford Blocks 109 through 124 That part of Block 125 which lies west of County Road 59 Blocks 126 and 129 through 136 That part of Block 201 outside the City of Covington Tract 1005 Blocks 101 through 108 That part of Block 109 outside the City of Porterdale Blocks 110 through 112 That part of Block 113 which lies west of Womack Road and north of Kirkland Road Blocks 119 and 130 through 132 Tract 1006 Those parts of Blocks 108 and 109 outside the City of Porterdale Block 110
Commissioner District No. 4
Newton Tract 1004 Those parts of Block 108 outside the City of Oxford That part of Block 125 which lies east of County Road 59 Blocks 127, 128, 208, 211, 212, 216, 217, 221 through 238, 240, 249, 250, 301 through 308, and 311 through 314 Tract 1005 That part of Block 109 inside the City of Porterdale That part of Block 113 which lies east of County Road 306 That part of Block 114 inside the City of Covington That part of Block 115 which lies
3509
3510 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
east of County Road 306 That part of Block 116 which lies
north and east of County Road 448 Tract 1006
Blocks 101 through 107 Those parts of Blocks 108 and 109
inside the City of Porterdale Blocks 127 through 132 That part of Block 133 inside the
City of Covington Tract 1007
Blocks 104 through 109, 114 through 121, and 125 through 132
That part of Block 134 which lies west of Rebecca Street or south of Pinecrest Drive
Blocks 136 through 143 That part of Block 144 inside the
City of Covington Blocks 145, 146, and 156 through 158
Commissioner District No. 5
Newton Tract 1001 Blocks 201 through 208 Those parts of Blocks 209 and 210 which lie southeast of Alcovy Road Blocks 211, 212, and 310 Tract 1003 Blocks 101 through 150 and 160 Block Group 2 Blocks 301 through 309 Tract 1004 Those parts of Blocks 102, 103, and 201 inside the City of Covington Blocks 202 through 207, 213 through 215, 218 through 220, 239, 241 through 248, 309, and 310 Tract 1006 That part of Block 133 in unincorporated Newton County Tract 1007
GEORGIA LAWS 1984 SESSION
3511
Blocks 101, 102, 110 through 113, 122 through 124, and 133
That part of Block 134 which lies east of Rebecca Street and north of Pinecrest Drive
Block 135 That part of Block 144 outside the
City of Covington Blocks 147 and 155
(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 Newton County which is not included in any district described in this section shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 1980 for the State of Georgia.
(c) The terms of the members in office on the effective date of this section shall not be affected by this section. At the general election next preceding the expiration of the term of each member, a successor shall be elected from the commissioner district described in this section which is designated by the same number as the district from which the incumbent was elected."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
3512 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 regular session of the Georgia General Assembly legislation to change the composition of districts from which the members of the Newton County Board of Commissioners and the members of the Newton County Board of Education are elected; and for other purposes.
This 8th day of February, 1983.
Denny Dobbs Representative, 74th District
E. R. Lambert Representative, 112th 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 10,17,24, 1983.
/s/ Denny M. Dobbs Representative, 74th District
GEORGIA LAWS 1984 SESSION
Sworn to and subscribed before me, this 28th day of February, 1983.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved January 27,1984.
3513
STEWART COUNTY -- BOARD OF COMMISSIONERS CREATED -- ELECTION, TERMS OF OFFICE, COMPENSATION, ETC. -- REFERENDUM.
No. 574 (House Bill No. 996).
AN ACT
To create a board of commissioners of Stewart County consisting of three members elected from districts; to provide for the election and terms of office of the members of the board; to provide for a chairman of the board elected by the board from the membership of the board; to provide for Riling vacancies; to provide for oaths; to provide for bonds; to provide for the compensation of the chairman and members of the board; to provide for meetings of the board; to provide for the powers, duties, and responsibilities of the board; to provide reports on financial affairs; to provide for county employees and for certain appointments; to provide for the internal organization of the county government; to provide for budgeting and auditing; to provide for the expenditure of county funds; to provide for other matters relative to the foregoing; to provide for a referendum; to provide effective dates; to repeal specific Acts; 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. The Board of Commissioners of Stewart County, hereinafter referred to in this Act as "the board," is created as the governing authority of Stewart County. The members of the board shall be elected and organized as hereinafter provided in this Act, and the board shall exercise the powers, duties, and responsibilities vested in and imposed upon the board by this Act.
Section 2. (a) The board shall consist of three members. For the purpose of electing the members, Stewart County is divided into three commissioner districts as follows:
Commissioner District No. 1
Beginning at the centerpoint of county road number 145 and the intersection of said road with the Chattahoochee Co. Line; Thence, South along said road number 145 to the point which marks the intersection of said road with county road number 150; Thence, South on County Road Number 150 to the point where County road 150 intersects with Ga. Highway number 27, which point is known as Randalls Crossings. Thence, West on Ga. Highway 27 to the point which marks the intersection of County Road 82 with Ga. Highway 27; Thence, South, on County Road 82 to the point which marks the intersection of County Road 82 with County Road number 79; Thence, East on County Road 79 to the intersection of county road 79 with Ga. Highway 55. Thence, South on Highway (Ga.) 55 to a point where County Road number 74 intersects with Ga. Highway 55; Thence, East on County Road number 74 to the Webster County Line.
Commissioner District No. 2
Beginning at the centerpoint of county road number 45 and the intersection with said road with the Chattahoochee county line; thence, run South along the centerpoint of said county road to point said road intersects with county road number 150; thence, South along county road 150 to the point which marks the intersection of county road 150 with Ga. Highway 27. (Randalls Crossings); thence, West on Ga. highway 27 through Lumpkin to the point where Ga. Highway number 27 intersects with Ga. Highway number 1 (or U. S. Highway 27); Thence, south on Ga. Highway number 1 to the Southern City limits of the City of Lumpkin, Ga.; Thence, then follow the
GEORGIA LAWS 1984 SESSION
3515
city limits of Lumpkin, Ga. in a western direction till the city limits ends on Highway 27 west of Lumpkin; thence, west on 27 to the first paved road marking the entrance to Westwood hills subdivision; thence, then along the Lumpkin City Limits which annexed the Subdivision of Westwood hills to the City of Lumpkin; Thence, South on Ga. 27 to the intersection of Ga. 27 and county road 149; thence, South on County Road number 149 to the point which marks the intersection of county road 149 with county road number 9; thence, South on County Road number 9 to the intersection of County Road number 9 with the main branch of Hodchodkee creek; thence, South along Hodchodkee creek to the Quitman County Line.
Commissioner District No. 3
Beginning at the centerpoint of county road number 45 and the intersection of said road with the Chattahoochee county line; This being a common commissioner line with District 1; thence, South on County Road number 45 to the point where county road number 45 intersects with County road number 150; Thence, South on County road 150 to the point where said road intersects with Georgia highway 27 (Randalls Crossing); Thence, South west on Ga. highway 27 through Lumpkin to the point where Ga. Highway 27 intersects with Ga. Highway Number 1 (or U. S. Highway 27); Thence, South on Ga. Highway number 1 to the Southern City limits of Lumpkin, Ga.; thence, then follow the City Limits of Lumpkin, Ga. in a western direction till the city limits ends on Highway 27 west of Lumpkin; thence, west on 27 to the first paved road marking the entrance to westwood hills subdivision; thence, then along the Lumpkin City limits which annexed the subdivision of westwood hills to the city of Lumpkin, Ga.; thence, south on Ga. 27 to the intersection of Ga. 27 and county road number 149; thence, South on County Road number 149 to the point which marks the intersection of county road 149 with county road number 9; thence, South on County road number 9 to the intersection of county road number 9 with the main branch of Hodchodkee creek; thence, south along Hodchodkee creek to the Quitman County Line.
The boundary line to Commissioner Districts are a common line with the center of each extending to the center line of the mentioned road or creek.
(b) Any part of Stewart County which is not included in any commissioner district described in subsection (a) of this section shall
3516 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 and County of Stewart.
Section 3. (a) One member of the board shall be elected from each of the commissioner districts provided for by Section 2 of this Act. Each candidate for election as a member of the board shall specify the commissioner district for which the candidate is offering. Each member of the board shall have been a resident of the member's respective commissioner district for at least one year prior to the date of taking office as a member of the board and must remain a resident of the respective district during the term to which elected. All members of the board shall be citizens of Stewart County who are at least 21 years of age on the date of taking office as members of the board.
(b) Each member of the board shall be elected by a majority of the voters voting within each of the respective commissioner districts.
Section 4. (a) The first members of the board shall be elected at the general election of 1984 and shall take office on the first day of January, 1985, for terms of four years and until their successors are elected and qualified. Thereafter, successors shall be elected at the general election immediately preceding the expiration of the terms of office and shall take office on the first day of January immediately following their election for terms of four years and until their successors are elected and qualified.
(b) 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."
Section 5. (a) The chairman of the board of commissioners shall be elected annually by the board from its own membership. The first chairman shall be elected at the first regular meeting of the board held in January, 1985. Thereafter, successors shall be elected by the board from its own membership at the first regular meeting of the board held in January of each year. Any member of the board who serves as chairman shall be eligible for reelection by the board to that office.
GEORGIA LAWS 1984 SESSION
3517
(b) The chairman of the board shall preside at meetings of the board and shall have such other and additional powers, duties, and responsibilities as the board by ordinance or resolution may delegate to the chairman.
(c) At the first regular meeting held in January, 1985, the member of the board whose age is greatest shall preside until the election of the first chairman as provided in subsection (a) of this section.
Section 6. (a) In the event a vacancy occurs in the membership of the board by death, resignation, removal from the commissioner district from which elected, or for any other cause and the unexpired term of office is six months or less, the remaining members of the board shall elect a qualified resident of the commissioner district wherein the vacancy occurred to fill such vacancy for the unexpired term of office.
(b) If a vacancy occurs when the unexpired term is more than six months, it shall be the duty of the election superintendent of Stewart County, within ten days after the date of the vacancy, to issue the call for a special election to elect a qualified person to fill such vacancy for the unexpired term. Such special election shall be held only within the commissioner district wherein the vacancy occurred. Any person elected to fill such vacancy shall have the qualifications for membership on the board. Any such special election to fill a vacancy shall be called and held in accordance with the applicable provisions of Chapter 2 of Title 21 of the O.C.G.A., known as the "Georgia Election Code."
(c) If the office of the member of the board who is serving as chairman becomes vacant, the remaining members of the board shall elect one of their number to serve as chairman until the election of a new chairman at the first meeting in January immediately following the vacancy.
Section 7. Before entering upon the discharge of their duties, each member of the board shall subscribe to an oath before the judge of the Probate Court of Stewart County for the true and faithful performance of their duties and that they are not the holders of any unaccounted for public funds.
3518 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 8. Each member of the board shall give a satisfactory surety bond approved by the judge of the probate court and payable to said officer 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 the member's office. The costs of such bonds shall be paid from the funds of Stewart County.
Section 9. (a) Each member of the board, other than the member serving as chairman, shall be compensated in the amount of $75.00 per month. The member serving as chairman of the board shall be compensated in the amount of $100.00 per month. Such compensation shall be paid from the funds of Stewart County.
(b) In accordance with an ordinance or resolution duly adopted by the board governing expenses of the members of the board and reimbursement of such expenses, each member of the board may be reimbursed from county funds for all actual and necessary expenses incurred in the performance of official duties of office.
Section 10. The board shall provide by resolution for regular meetings of the board. The board may meet at any time on the call of the chairman or on the call of any two members of the board. Two members of the board shall constitute a quorum for the transaction of business but official action may be taken only by the affirmative vote of at least two members of the board.
Section 11. The board shall have the power to fix and establish, by appropriate resolution or ordinance duly adopted by the board, policies, rules, and regulations governing all matters within its jurisdiction as the governing authority of the county. The board may exercise the powers and shall be subject to the duties and responsibilities now or hereafter provided by the Constitution and general laws of this state relative to county governing authorities. Without limiting the generality of the foregoing, the following specific powers are vested in the board:
(1) To levy taxes;
(2) To make appropriations;
(3) To fix rates and charges for services provided by the county;
GEORGIA LAWS 1984 SESSION
3519
(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 assessment;
(6) To authorize and enter into contracts;
(7) To establish, alter, open, close, build, repair, or abolish public roads, private ways, bridges, and ferries, according to law;
(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;
(11) To create and change the boundaries of special taxing districts as authorized by law;
(12) To fix the bonds of county officers where same are not fixed by statute;
(13) To enact any ordinances, resolutions, or other legislation the county may be given authority to enact;
(14) To determine the priority of capital improvements;
(15) To call bond elections; and
(16) To exercise all of the power and authority heretofore vested by law in the judge of the probate court when sitting for county purposes, and delegated by law to the board of commissioners of Stewart County, together with all power and authority which may hereafter be delegated by law to the governing authority of the county, by whatever name designated.
Section 12. The board is authorized to require all county officers to report on the general or specific conduct of the financial affairs of their respective offices.
3520 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 13. (a) The board shall have the exclusive power and authority to appoint, remove, and fix the compensation of all employees of the county.
(b) The appointment and removal of, and the compensation to be paid to, persons filling offices and positions created by state statute, where not otherwise prescribed by such statute, shall be made and fixed by the board.
Section 14. (a) The internal organization of the county government, including its various departments and administrative agencies, shall be as prescribed by ordinance or resolution of the board.
(b) The ordinances and resolutions of Stewart County and the organization of the Stewart County government in effect on December 31, 1984, shall continue in full force and effect until such time as the board created by this Act exercises its authority to repeal or modify such ordinances or resolutions or to change the internal organization of the county government.
Section 15. The board shall comply with the budgeting and auditing procedures and requirements set forth in Chapter 81 of Title 36 of the O.C.G.A., relative to budgets and audits of local governments.
Section 16. The expenditure of county funds shall be made in accordance with the county budget or amendments thereto adopted by the board. The board shall enforce compliance with this requirement by all departments of county government, including the departments of the elected county officers, and to this end, the board, by ordinance or resolution, shall institute a system to control county purchasing and to account for the expenditure of all funds budgeted and appropriated by the board.
Section 17. 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 Stewart County to issue the call for an election for the purpose of submitting this Act to the electors of Stewart County for approval or rejection. The superintendent shall set the date of such election for the same date as the presidential preference primary of 1984. The superintendent shall issue the call for such election at least 30 days prior to the date thereof. The superintendent shall cause the date and purpose of the election to be
GEORGIA LAWS 1984 SESSION
3521
published once a week for two weeks immediately preceding the date thereof in the official organ of Stewart County. The ballot shall have written or printed thereon the words:
"( ) YES ( ) NO
Shall the Act providing for a board of commissioners of Stewart County consisting of three members elected from districts and providing a new board of commissioners law be approved?"
All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect as provided in Section 18 of this Act, but otherwise it shall be void and of no force and effect.
The expense of such election shall be borne by Stewart County. It shall be the duty of the superintendent to hold and conduct such election. It shall be the superintendent's further duty to certify the result thereof to the Secretary of State.
Section 18. If this Act is approved at the referendum provided for by Section 17, the provisions of this Act necessary for the election in 1984 of the members of the board of commissioners created by this Act shall be effective upon the certification of the results of the referendum, and this Act shall become effective for all purposes on January 1,1985.
Section 19. If this Act is approved at the referendum provided for by Section 17, effective on January 1, 1985, the following Acts shall stand repealed in their entirety:
(1) An Act creating the office of Commissioner of Stewart County, approved August 23, 1927 (Ga. L. 1927, p. 654) and all amendatory Acts thereof.
(2) An Act providing for the election of the Commissioner of Stewart County, approved August 28,1931 (Ga. L. 1931, p. 565).
3522 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 20; All laws and parts of laws in conflict with this Act are repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1984 session of the General Assembly of Georgia a bill to create a board of commissioners of Stewart County consisting of three members elected from districts and providing for a new board of commissioners; law; to provide for other matters relative to the foregoing; to provide for a referendum; and for other purposes.
This 5th day of January, 1984.
Gerald E. Greene Representative, 130th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Gerald E. Greene, who, on oath, deposes and says that he is Representative from the 130th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Stewart Webster Journal which is the official organ of Stewart County, on the following date: January 5, 1984.
/s/ Gerald E. Greene Representative, 130th District
GEORGIA LAWS 1984 SESSION
Sworn to and subscribed before me, this 10th day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved January 27,1984.
3523
HARRIS COUNTY -- BOARD OF EDUCATION -- ELECTION DISTRICTS, TERMS, QUALIFICATIONS
OF MEMBERS, ETC. -- REFERENDUM.
* No. 575 (House Bill No. 844).
AN ACT
To provide for the Board of Education of Harris County; to provide for the election of certain members of the board; to provide for election districts; to provide for the appointment of certain members of the board; to provide for the terms, qualifications, and selection of the members; to provide for the Riling of vacancies; to provide that the board shall appoint the school superintendent; to provide for the compensation of the school superintendent; to provide definitions; to provide for other matters relative to the foregoing; to provide for a referendum; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. The Board of Education of the Harris County School District shall consist of seven members. For the purpose of selecting the members of the board of education, the Harris County School District shall be divided into seven education districts described as follows:
* Compiler's Note: See Act No. 594, page 3608, infra.
3524 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Education District No. 1
Harris Tract 9901 Blocks 143 and 147 through 150 Blocks 201 through 203 That part of Block 204 within the City of Waverly Hall Blocks 206 through 209 and 211 through 219 Block Group 5 Tract 9902 Blocks 240 through 247 Tract 9903 That part of Block 102 outside the City of Hamilton Blocks 103 and 104 That part of Block 105 outside the City of Hamilton Blocks 114 through 119 Those parts of Blocks 120 and 121 outside the City of Hamilton Blocks 122,126 through 133,150, and 151 Blocks 201 through 205, 207 through 210, and 230 That part of Block 430 outside the City of Hamilton
Education District No. 2
Harris Tract 9901 Block 210 Tract 9903 Blocks 206, 211, 229, and 231 through 243 Blocks 305 through 320
Education District No. 3
Harris Tract 9902 Blocks 127 through 130 and 149 through 151 Those parts of Blocks 153 and 154 outside the City of West Point
GEORGIA LAWS 1984 SESSION
Block 155 That part of Block 156 outside the City
of West Point Blocks 216 through 228 and 248 through 252 Tract 9903 Blocks 109 through 113 and 134 through
149 Blocks 212 through 228 and 244 through
250 Blocks 301 through 304
Education District No. 4
Harris Tract 9902 Blocks 101 through 126 and 131 through 148 Blocks 201 through 215 and 229 through 239 Block Group 3 Tract 9903 Blocks 106 through 108
Education District No. 5
Harris Tract 9901 Blocks 101 through 104,106 through 142, and 144 through 146 That part of Block 204 outside the City of Waverly Hall Blocks 205 and 220 through 222 Block Groups 3 and 4 Tract 9903 Block 101 Those parts of Blocks 102,105,120, and 121 within the City of Hamilton Blocks 123 through 125 Blocks 401 through 428 That part of Block 430 within the City of Hamilton Blocks 431 through 435
3525
3526 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Education District No. 6
All that portion of Harris County lying outside the independent school district of the City of West Point
Education District No. 7
All that portion of Harris County lying outside the independent school district of the City of West Point
Section 2. Five members of the board of education shall be elected as provided in Section 3 of this Act. Two members of the board of education shall be appointed by the Harris County grand jury as provided in Section 4 of this Act.
Section 3. (a) After this Act has been approved in accordance with Section 5 of the Voting Rights Act of 1965, as amended, the election superintendent shall issue a call for a special election for the purpose of electing the five initial members of the board of education provided for in this Act. The superintendent shall set the date of such special election for a day not less than 30 days after the issuance of the call. Such special election shall be held in accordance with Chapter 2 of Title 21 of the O.C.G.A., known as the "Georgia Election Code."
(b) Members elected at the special election provided for in subsection (a) of this section shall be elected to represent Education Districts 1 through 5. The members elected at such special election from Education Districts 1, 3, and 5 shall take office on the first Monday following the date such election is certified and shall serve until the first Monday in January, 1987, and until their successors are elected and qualified. The members elected at such special election from Education Districts 2 and 4 shall take office on the first Monday following the date such election is certified and shall serve until the first Monday in January, 1985, and until their successors are elected and qualified. Successors to the members elected in the special election provided for in subsection (a) and their successors shall be elected from the district of the same number at the general election immediately preceding the expiration of the terms of such members. Members elected at such general election shall take office on the first day of January immediately following their election and shall serve
GEORGIA LAWS 1984 SESSION
3527
for terms of office of four years and until their successors are elected and qualified.
(c) Members elected under this section shall be elected by a majority of the qualified electors voting within the member's respective Education District at the elections provided for in subsection (b) of this section. All elections shall be held in accordance with Chapter 2 of Title 21 of the O.C.G.A., known as the "Georgia Election Code."
(d) The terms of office of the appointed members of the board of education who are in office on the effective date of this Act and who are not expressly provided for in subsection (a) of Section 4 of this Act shall expire on the Monday following the date the special election provided for in subsection (a) of this section is certified.
Section 4. (a) Mr. Robert T. Daniels and Mr. Jack C. Stewart, Jr., shall continue to serve on the board of education until the expiration of the term of office to which they were appointed and until their successors are appointed and qualified.
(b) Successors to such members and their successors shall be appointed from Education Districts 6 and 7 and shall be appointed by the Harris County grand jury. Successors shall be appointed for terms of office of four years and until their successors are appointed and qualified.
(c) In making appointments as provided in subsection (b) of this section, the grand jury shall consider the requirements of the Constitution and the Voting Rights Act of 1965, as amended, as such pertain to participation in the political process by minorities, as defined therein, and shall ensure that minority residents of Harris County are represented on the board of education.
Section 5. Each member of the board of education shall, at the time of election or appointment, be at least 21 years of age, shall be a registered elector entitled to vote for members of the General Assembly, shall have resided in Harris County for the most recent two years preceding such election or appointment, and shall have resided in the Education District which he seeks to represent for the most recent one year preceding such election or appointment. All candidates for an elected position shall designate the district for which he is offering.
Section 6. (a) In the event a vacancy occurs on the board of education for any reason other than the expiration of the term of office, the Harris County grand jury shall fill all such vacancies for the
3528 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
unexpired term and, when filled by the grand jury, the provisions relative to being a resident of the education district shall be complied with. In the event a member moves his residence from the education district he represents, a vacancy shall exist from such district and shall be filled in the same manner as other vacancies are filled.
(b) At its first meeting each year, the members of the board shall elect, by a majority vote, one of their number to serve as chairman for that year and until the election of a chairman in the subsequent year. A member shall be eligible to succeed himself as a member of the board and also as chairman of the board.
Section 7. The term of office of the superintendent of schools for the Harris County School District in office on the effective date of this Act shall expire 30 days following the day the election is certified under Section 3 of this Act. The board of education comprised of the five elected members provided for in Section 3 of this Act and the two appointed members provided for in Section 4 of this Act shall appoint the school superintendent of the Harris County School District. The superintendent shall serve at the pleasure of the board and may be removed only upon a vote of at least four members of the board. The superintendent shall be compensated as provided by law, and the board of education may provide for such supplemental compensation as it deems necessary from funds available to the board.
Section 8. As used in this Act, the term:
(1) "Approved in accordance with Section 5 of the Voting Rights Act of 1965" means:
(A) Notification by the Attorney General of the United States that he does not intend to object to the plan;
(B) Expiration of the time period during which the Attorney General of the United States may object to the plan, without such objection having been made;
(C) Withdrawal by the Attorney General of the United States of all objections to the voting plan;
(D) Expiration of the time period during which an appeal may be had of a declaratory judgment, of the United States District Court for the District of Columbia, which approved the voting plan, if no such appeal has been filed; or
GEORGIA LAWS 1984 SESSION
3529
(E) United States Supreme Court affirmance of or refusal to review a declaratory judgment, of the United States District Court for the District of Columbia, which approved the voting plan.
(2) "Tract," "Block Group," and "Block" shall have the same meaning and describe the same geographical boundaries as provided in the Bureau of the Census report for the United States decennial census of 1980 for the State of Georgia. Any portion of Harris County not included in Education Districts 1 through 5, described above, shall be included within that Education District contiguous to such portion which contains the least population according to the United States Decennial Census of 1980.
Section 9. After the approval of this Act by the Governor or after it otherwise becomes law, the election superintendent of Harris County shall within five days issue the call for an election for the purpose of submitting this Act to the electors of Harris County for approval or rejection. The superintendent shall set the date of such election for a day not less than 30 days nor more than 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 Harris County. The ballot shall have written or printed thereon the words:
"( ) YES ( ) NO
Shall the Act providing for the election of five members and the appointment of two members of the Board of Education of the Harris County School District and providing for the appointment of the school superintendent of the Harris County School District and providing for other matters relative thereto be approved?"
All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect; otherwise it shall be void and of no force and effect.
The expense of such election shall be borne by Harris 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.
3530 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 in the regular 1983 session of the General Assembly of Georgia a bill relative to the Board of Education of Harris County and the Superintendent of Schools in Harris County and providing for matters relating thereto; and for other purposes.
This the 18th day of January, 1983.
Harris County Commissioners
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. Randolph Phillips, who, on oath, deposes and says that he is Representative from the 93rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Harris County Journal which is the official organ of Harris County, on the following dates: January 20, February 17,24,1983.
/s/ W. Randolph Phillips Representative, 93rd 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 January 31,1984.
GEORGIA LAWS 1984 SESSION
3531
DODGE COUNTY -- APPOINTED SCHOOL SUPERINTENDENT -- REFERENDUM.
No. 576 (House Bill No. 862).
AN ACT
To provide for an appointed school superintendent of the board of education of Dodge County; to provide for vacancies; to provide for a referendum; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. (a) The school superintendent of the board of education of Dodge County whose term of office expires on December 31,1984, shall continue to serve for the term of office to which elected, and until the appointment and qualification of a successor under this section. No successor to said officer shall be elected at the 1984 general election.
(b) No sooner than October 1 and no later than December 31 of 1984, and quadrennially thereafter, the board of education of Dodge County shall appoint, by majority vote, the school superintendent of the board of education of Dodge County who shall take office on January 1 immediately following that appointment, for a term of four years and until the appointment and qualification of a successor.
(c) Any vacancy occurring in the office of school superintendent on or after the effective date of this section shall be filled within 90 days thereof by the board of education of Dodge County appointing, by majority vote, a person to fill the unexpired term and until a successor is appointed and qualified under this section.
(d) All constitutional and statutory provisions relative to county school superintendents shall be applicable to a county school superintendent appointed by the board of education of Dodge County pursuant to this section.
Section 2. After the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the election superintendent of Dodge County to issue the call for an
3532 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
election for the purpose of submitting this Act to the electors of the Dodge County School System for approval or rejection. The superintendent shall set the date of the election to coincide with the state's 1984 presidential preference primary and shall issue the call for the election not more than 45 days and not less than 30 days prior to the date thereof. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Dodge County. The ballot shall have written or printed thereon the words:
"( ) YES V ) NO
Shall the Act providing for an appointed school superintendent of the Board of Education of Dodge County be approved?"
All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect; otherwise, it shall be void and of no force and effect.
The expense of such election shall be borne by Dodge County. It shall be the duty of the superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1983 session of the General Assembly of Georgia, a bill to provide for an appointed superintendent of the board of education of Dodge County and the qualifications, duties, powers, and compensation thereof; to provide for a referendum; and for other purposes.
GEORGIA LAWS 1984 SESSION This 8th day of February, 1983.
3533
Terry Coleman Representative, 118th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Terry L. Coleman, who, on oath, deposes and says that he is Representative from the 118th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Times Journal Spotlight which is the official organ of Dodge County, on the following dates: February 10, 17,24,1983.
/s/ Terry L. Coleman Representative, 118th District
Sworn to and subscribed before me, this 28th day of February, 1983.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved January 31,1984.
3534 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
HARRIS COUNTY -- BOARD OF COMMISSIONERS -- ELECTION DISTRICTS, ETC.
No. 577 (House Bill No. 895).
AN ACT
To amend an Act entitled "An act to create a Board of Commissioners in the county of Harris," approved March 17, 1869 (Ga. L. 1869, p. 170), as amended, so as to change the commissioner districts in said county; to define certain terms; to provide for the election of members of the board of commissioners from commissioner districts; to preserve the offices of incumbent commissioners; to provide for an oath; to provide for filling vacancies; to change the qualifications of the county manager; to provide for meetings; to provide for a quorum; to provide for definitions; to provide for other matters relative to the foregoing; to provide an effective date; 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. An Act entitled "An act to create a Board of Commissioners in the county of Harris," approved March 17, 1869 (Ga. L. 1869, p. 170), as amended, is amended by striking Section 1 in its entirety and substituting in lieu thereof a new Section 1 to read as follows:
"Section 1. (a) Effective May 1,1984, for the purpose of electing members of the board of commissioners, Harris County is divided into five commissioner districts. Each commissioner district shall consist of a portion of Harris County described as follows:
District No. 1
Harris Tract 9901 That part of Block 129 outside the City of Shiloh which lies south of the top of Oak Mountain, east of the Southern Railroad, and west of Georgia Highway 85
GEORGIA LAWS 1984 SESSION
Block 130 Blocks 143 and 147 through 150 Blocks 201 through 203 That part of Block 204 within the City
of Waverly Hall Blocks 206 through 219 Block Group 5 Tract 9902 That part of Block 201 south of
Mountain Creek and Mountain Creek Lake Blocks 240 through 247 Tract 9903 That part of Block 102 outside the city limits of Hamilton as established in an Act approved March 10, 1964 (Ga. L. 1964, p. 2601) Blocks 103 and 104 That part of Block 105 outside the City of Hamilton Blocks 114 through 119 Those parts of Blocks 120 and 121 outside the City of Hamilton Blocks 122, 126 through 133, and 150 Blocks 201 through 205, 207 through 209, and 230 Those parts of Blocks 428 and 430 outside the City of Hamilton Block 431
District No. 2
Harris Tract 9902 Blocks 101 through 126, 131 through 148, and 155 That part of Block 156 inside and outside the City of Hamilton That part of Block 201 north of Mountain Creek and Mountain Creek Lake Blocks 202 through 214 and 229 through 239
3535
3536 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Block Group 3 Tract 9903
Blocks 106 through 108
District No. 3
Harris Tract 9902 Blocks 127 through 130 and 149 through 154 That part of Block 156 inside the City of West Point Blocks 215 through 228 and 248 through 252 Block Group 4 Tract 9903 Blocks 109 through 113, 134 through 149, and 151 Blocks 212 through 228 and 247 through 250 Blocks 301 and 302
District No. 4
Harris Tract 9901 Blocks 101 through 104 and 106 through 128 That part of Block 129 inside the City of Shiloh That part of Block 129 outside the City of Shiloh which lies north of the top of Oak Mountain, east of Southern Railroad, and west of Georgia Highway 85 Blocks 131 through 142 and 144 through 146 That part of Block 204 outside the City of Waverly Hall Blocks 205 and 220 through 222 Block Groups 3 and 4 Tract 9903 Block 101
GEORGIA LAWS 1984 SESSION
That part of Block 102 inside the city limits of Hamilton as established in an Act approved March 10, 1964 (Ga. L. 1964, p, 2601)
Those parts of Blocks 105, 120, and 121 inside the City of Hamilton
Blocks 123 through 125 Blocks 401 through 427 Those parts of Blocks 428 and 430
inside the City of Hamilton Blocks 432 through 435
District No. 5
Harris Trflct 9903 Blocks 206, 210, 211, 229, and 231 through 246 Blocks 303 through 320
3537
(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, except as otherwise provided herein.
(3) Any part of Harris 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 2. Said Act is further amended by striking Section 2 in its entirety and substituting in lieu thereof a new Section 2 to read as follows:
3538 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
"Section 2. (a) There shall be one member of the board of commissioners elected from each commissioner district as herein provided.
(b) The members of the board of commissioners shall be elected 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 4 and 5 shall be elected for terms of office of four years each and until their successors are elected and qualified. The incumbent commissioners shall serve the remainder of the term of office for which they were elected.
(2) At the primary and general elections conducted in 1986 at which members of the board of commissioners are elected, the members of the board elected to represent Commissioner Districts 1,2, and 3 shall be elected for terms of office of four years each and until their successors are elected and qualified. The incumbent commissioners shall serve the remainder of the term of office for which they were elected.
(c) Members elected pursuant to the provisions of subsection (b) 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 immediately following their election and they shall each serve for terms of office of four years and until their successors are elected and qualified.
(d) No person shall be eligible to qualify for election to the board unless he is at least 21 years of age and shall have been a bona fide resident of the State of Georgia and the County of Harris for at least one year and a resident of the territory embraced within the commissioner district for which he is offering as a candidate for a period of at least 60 days immediately preceding the date on which he qualifies as a candidate. Candidates shall be elected by a majority vote of the qualified voters voting in such election who reside within their respective commissioner districts. If a member of the board shall move his residence from the commissioner district he represents, his position on the board shall automatically become vacant and such
GEORGIA LAWS 1984 SESSION
3539
vacancy shall be filled in accordance with the provisions of this Act. 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.'
(e) Before entering upon the discharge of their duties, members of the board shall subscribe an oath before the judge of the Probate Court of Harris County pledging the true and faithful performance of their duties and attesting that they are not the holders of any unaccounted for public funds."
Section 3. Said Act is further amended by striking Section 3 in its entirety and substituting in lieu thereof a new Section 3 to read as follows:
"Section 3. 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 Harris 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 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 4. Said Act is further amended by striking Section 4 in its entirety and substituting in lieu thereof a new Section 4 to read as follows:
"Section 4. For the purpose of ensuring efficient and economical operation of the government of Harris County, the board is empowered and authorized to employ a county manager and fix his compensation. The county manager shall be paid from any funds available to the board. Employment shall be under such terms and conditions as the board shall agree upon, provided that no contract shall extend for a period of more than four years."
Section 5. 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:
3540 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
"Section 5. The board shall hold regular meetings on the first and third Tuesdays of each month at the county courthouse, or such other meeting place as may be adopted by resolution of the board, 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 6. As used in this Act, the term "approved in accordance with Section 5 of the Voting Rights Act of 1965" means:
(1) Notification by the Attorney General of the United States that he does not intend to object to the plan;
(2) Expiration of the time period during which the Attorney General of the United States may object to the plan, without such objection having been made;
(3) Withdrawal by the Attorney General of the United States of all objections to the voting plan;
(4) Expiration of the time period during which an appeal may be had of a declaratory judgment of the United States District Court for the District of Columbia which approved the voting plan if no such appeal has been filed; or
(5) United States Supreme Court affirmance of or refusal to review a declaratory judgment, of the United States District Court for the District of Columbia, which approved the voting plan.
Section 7. This Act shall become effective when it is approved in accordance with Section 5 of the Voting Rights Act of 1965, as amended.
Section 8. An Act to amend an Act entitled "An Act to create a Board of Commissioners in the County of Harris," approved April 3, 1972 (Ga. L. 1972, p. 3468), is repealed in its entirety.
GEORGIA LAWS 1984 SESSION
3541
Section 9. All laws and parts of laws in conflict with this Act are repealed.
Notice to Introduce Local Legislation.
Notice is hereby given that I will introduce legislation at the January 1984 session of the General Assembly of Georgia, to amend the act as amended creating the Board of Commissioners of Harris County; to change the boundaries of the commission districts; to preserve the offices of incumbent commissioners; to provide for meetings; to change qualification for County Manager and for other matters relating to the aforesaid act.
W. Randolph Phillips Representative, 91st District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. Randolph Phillips, who, on oath, deposes and says that he is Representative from the 93rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Harris County Journal which is the official organ of Harris County, on the following date: January 5, 1984.
/s/ W. Randolph Phillips Representative, 93rd District
3542 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 5th day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved January 31,1984.
GLYNN COUNTY -- COMPENSATION OF CLERK OF STATE COURT.
No. 578 (House Bill No. 929).
AN ACT
To amend an Act creating the State Court of Glynn County, approved March 4, 1943 (Ga. L. 1943, p. 702), as amended, particularly by an Act approved April 6,1981 (Ga. L. 1981, p. 3359) and an Act approved April 12,1982 (Ga. L. 1982, p. 4633), so as to change the compensation of the clerk of said court; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the State Court of Glynn County, approved March 4, 1943 (Ga. L. 1943, p. 702), as amended, particularly by an Act approved April 6,1981 (Ga. L. 1981, p. 3359) and an Act approved April 12, 1982 (Ga. L. 1982, p. 4633), is amended by striking paragraph (1) of subsection (a) of Section 11 in its entirety and inserting in lieu thereof a new paragraph (1) to read as follows:
"(1) The clerk of the State Court of Glynn County shall receive an annual salary in an amount equal to 85 percent of the annual salary
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of the clerk of the Superior Court of Glynn County and payable in installments in the same manner as the salary of the clerk of the Superior Court of Glynn County."
Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1984 session of the General Assembly of Georgia, a bill to amend an Act creating the State Court of Glynn County, approved March 4, 1943 (Ga. L. 1943, p. 702), as amended; and for other purposes.
This 15th day of December, 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 Legislation was published in the Brunswick News which is the official organ of Glynn County, on the following dates: December 21,28,1983.
/s/ Dean G. Auten Representative, 156th District
3542 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 5th day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved January 31,1984.
GLYNN COUNTY -- COMPENSATION OF CLERK OF STATE COURT.
No. 578 (House Bill No. 929).
AN ACT
To amend an Act creating the State Court of Glynn County, approved March 4, 1943 (Ga. L. 1943, p. 702), as amended, particularly by an Act approved April 6,1981 (Ga. L. 1981, p. 3359) and an Act approved April 12,1982 (Ga. L. 1982, p. 4633), so as to change the compensation of the clerk of said court; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the State Court of Glynn County, approved March 4, 1943 (Ga. L. 1943, p. 702), as amended, particularly by an Act approved April 6,1981 (Ga. L. 1981, p. 3359) and an Act approved April 12, 1982 (Ga. L. 1982, p. 4633), is amended by striking paragraph (1) of subsection (a) of Section 11 in its entirety and inserting in lieu thereof a new paragraph (1) to read as follows:
"(1) The clerk of the State Court of Glynn County shall receive an annual salary in an amount equal to 85 percent of the annual salary
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of the clerk of the Superior Court of Glynn County and payable in installments in the same manner as the salary of the clerk of the Superior Court of Glynn County."
Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1984 session of the General Assembly of Georgia, a bill to amend an Act creating the State Court of Glynn County, approved March 4, 1943 (Ga. L. 1943, p. 702), as amended; and for other purposes.
This 15th day of December, 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 Legislation was published in the Brunswick News which is the official organ of Glynn County, on the following dates: December 21,28,1983.
/s/ Dean G. Auten Representative, 156th District
3544 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 5th day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved January 31,1984.
UPSON COUNTY -- CITY OF THOMASTON -- ACT CREATING JOINT BOARD OF TAX ASSESSORS REPEALED.
No. 582 (House Bill No. 1189).
AN ACT
To repeal an Act entitled "An Act to consolidate and combine the Board of Tax Assessors of the City of Thomaston and the County of Upson and to define the powers and duties of such joint board of tax assessors; to provide for the payment of the expenses of said board; to require that all property taxable by said city or county be returned to the Tax Commissioner of Upson County, Georgia, and that all taxes due thereon to said city or county be collected by said Tax Commissioner and to fix the time for returning said property and paying said taxes; to fix the amount of compensation to be paid by said city to said county for the expense of operating said joint board and collecting said taxes; to fix the amount of said Tax Commissioner's compensation from said city for receiving and collecting said city's taxes; to provide the manner of enforcing said taxes; to authorize the use of joint tax forms and digest; to provide that this Act shall not extend to property which, under the general laws of this State, must be returned to the State Revenue Commissioner; to provide an effective date of this Act; to repeal conflicting laws; and for other purposes.", approved
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March 12,1970 (Ga. L. 1970, p. 2487), as amended by an Act approved April 12,1982 (Ga. L. 1982, p. 4228); to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act entitled "An Act to consolidate and combine the Board of Tax Assessors of the City of Thomaston and the County of Upson and to define the powers and duties of such joint board of tax assessors; to provide for the payment of the expenses of said board; to require that all property taxable by said city or county be returned to the Tax Commissioner of Upson County, Georgia, and that all taxes due thereon to said city or county be collected by said Tax Commissioner and to fix the time for returning said property and paying said taxes; to fix the amount of compensation to be paid by said city to said county for the expense of operating said joint board and collecting said taxes; to fix the amount of said Tax Commissioner's compensation from said city for receiving and collecting said city's taxes; to provide the manner of enforcing said taxes; to authorize the use of joint tax forms and digest; to provide that this Act shall not extend to property which, under the general laws of this State, must be returned to the State Revenue Commissioner; to provide an effective date of this Act; to repeal conflicting laws; and for other purposes.", approved March 12, 1970 (Ga. L. 1970, p. 2487), as amended by an Act approved April 12,1982 (Ga. L. 1982, p. 4228), is repealed in its entirety.
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced in the regular 1984 Session of the General Assembly of Georgia a bill to repeal the local Act contained in Georgia Laws 1970, pages 2487 through 2496, which local Act consolidated and combined the Board of Tax Assessors of the City of Thomaston and the County of Upson, and provides for the joint return and assessment of property for ad valorem taxes and the joint collection thereof for said City and County.
3546 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II This 10th day of January, 1984.
Georgia, Fulton County.
/s/ Marvin Adams Representative, 79th District
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Marvin Adams, who, on oath, deposes and says that he is Representative from the 79th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Thomaston Times and Free Press which is the official organ of Upson County, on the following date: January 11, 1984.
/s/ Marvin Adams Representative, 79th District
Sworn to and subscribed before me, this 17th day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved February 3,1984.
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TOWN OF TALLULAH FALLS -- NEW CHARTER.
No. 585 (House Bill No. 1193).
AN ACT
To amend, revise, consolidate, and supersede the several Acts incorporating the Town of Tallulah Falls, in Habersham and Rabun counties; to create and establish a new charter and municipal government for said town; to declare and consolidate the rights and powers of said corporation; to repeal a specific Act; to repeal conflicting laws; and for other purposes.
WHEREAS, the Town of Tallulah Falls, in Habersham and Rabun counties was incorporated by an Act of the General Assembly of Georgia, approved October 7, 1885 (Ga. L. 1885, p. 404) and reincorporated by an Act approved November 12,1888 (Ga. L. 188889, p. 1003), which Act has been several times amended; and
WHEREAS, it is highly desirable and necessary, as well as in the interests of the people of the Town of Tallulah Falls, that said Acts be amended, revised, updated, and superseded.
Be it enacted by the General Assembly of Georgia:
ARTICLE I CREATION
Section 1.10. Name. This town and the inhabitants thereof, are constituted and declared a body politic and corporate under the name and style of Town of Tallulah Falls, Georgia, and by that name shall have perpetual succession.
Sectionl.il. Corporate boundaries. The corporate boundaries of the Town of Tallulah Falls are more fully described in Appendix A attached to and made a part of this Act.
Section 1.12. Powers and construction, (a) This town shall have all powers possible for a town 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.
3548 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(b) The powers of this town shall be construed liberally in favor of the town. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the power of this town.
Section 1.13. Exercise of powers. All powers, functions, rights, privileges, and immunities of the town, its officers, agencies, or employees shall be carried into execution as provided by this charter. If this charter makes no provisions such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia.
ARTICLE II TOWN COUNCIL
Section 2.10. Town council creation; composition; number; election. The legislative authority of the government of this town, except as otherwise specifically provided in this charter, shall be vested in a town council to be composed of a mayor and four council members. The mayor and council members shall be elected in the manner provided by Article V of this charter.
Section 2.11. Town council terms and qualifications for office. The members of the town 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 town council member unless he shall have been a resident of the town six months immediately prior to the date of the election of mayor or members of the town council; each shall continue to reside therein during his period of service and shall be registered and qualified to vote in municipal elections of this town.
Section 2,12. Vacancy; filling of vacancies, (a) The office of mayor or council member shall become vacant upon the incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized by this charter or the general laws of the State of Georgia.
(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.
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Section 2.13. Compensation and expenses. The mayor and council members shall receive compensation for their services in an amount set by ordinance adopted as provided by general law. The mayor and council members shall be entitled to receive their actual and necessary expenses incurred in the performance of their duties of office.
Section 2.14. Holding other office; voting when personally interested, (a) Except as authorized by general state law, the mayor or any council member shall not hold any other town office or town employment during the term for which he was elected.
(b) Neither the mayor nor any member of the town council shall vote upon or sign or veto any question in which he is personally interested.
Section 2.15. General power and authority of the town council. Except as otherwise provided by this charter, the town council shall be vested with all the powers of government of this town as provided by Article I.
Section 2.16. Regular and special meetings, (a) The town council shall hold regular meetings at such times and places as prescribed by ordinance.
(b) Special meetings of the town council may be held on call of the mayor or three members of the town council. Notice of such special meetings shall be served on all other members personally, or by telephone personally, at least 48 hours in advance of the meeting. Such notice to council members shall not be required if the mayor and all council members are present when the special meeting is called. Such notice of any special meeting may be waived by a council member in writing before or after such a meeting, and attendance at the meeting shall also constitute a waiver of notice of any business transacted in such council member's presence. Only the business stated in the call may be transacted at the special meeting.
(c) All meetings of the town council shall be public to the extent required by general state law and notice to the public of special meetings shall be made as fully as is reasonably possible five days prior to such meetings.
3550 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2.17. 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. Any member of the council shall have the right to request a roll-call vote. The affirmative vote of three council members, or two council members and the mayor in case of a deadlock or tie, shall be required for the adoption of any ordinance, resolution, or motion except as otherwise provided in this charter.
Section 2.18. 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 town council which have the force and effect of law shall be done by ordinance.
Section 2.19. Codes of technical regulations. The town council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. 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 2.20.
Section 2.20. Signing; authenticating; recording; codification; printing, (a) The clerk shall by his signature authenticate and record in full a properly indexed book kept for that purpose all ordinances adopted by the council.
(b) The town council shall provide for the preparation of a general codification of all of the ordinances of the town having the force and effect of law. The general codification shall be adopted by the town 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 town council may specify. This compilation shall be known and cited officially as "The Code of the Town of Tallulah Falls, Georgia."
(c) The town council shall make such further arrangements as deemed desirable with respect to reproduction and distribution of any current code or additions to codes of technical regulations and other rules and regulations included in the code.
Section 2.21. Election of mayor; compensation. The mayor shall be elected and serve for a term of two years and until his successor is elected and qualified. He shall be a qualified elector of
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this town and shall have been a resident of this town six months immediately preceding his election. He shall continue to reside in this town during the period of his service. The compensation of the mayor shall be established in the same manner as for council members.
Section 2.22. Mayor pro tem. The town council shall elect by majority vote from among its members a mayor pro tem who shall assume the duties and powers of the mayor upon declaration by the town council of the mayor's disability or absence.
Section 2.23. Powers and duties of the mayor. The mayor shall be the chief executive of this town. He shall possess all of the executive and administrative powers granted to the town under the Constitution and laws of the State of Georgia, and all the executive and administrative powers in this charter. It shall be the duty of the mayor to:
(1) See that all laws and ordinances of the town are faithfully executed;
(2) Exercise supervision over all executive and administrative work of the town and provide for the coordination of administrative activities;
(3) Be the official head and spokesman for the town for service of process and ceremonial purposes;
(4) Sign as a matter of course all written contracts, ordinances, and other instruments executed by the town which by law are required to be in writing;
(5) Vote as a member of the town council only at such times as are necessary to break a tie or deadlock of the council;
(6) Prepare and submit to the town council a recommended annual operating budget and recommended capital budget; and
(7) Fulfill such other executive and administrative duties as the town council shall by ordinance establish.
3552 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ARTICLE III ADMINISTRATIVE AFFAIRS
Section 3.10. Boards, commissions, and authorities, (a) The town council shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function the town council deems necessary and shall by ordinance establish the composition, period of existence, duties, and powers thereof.
(b) All members of boards, commissions, and authorities of the town shall be appointed by the town 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 town council, by ordinance, may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority.
(d) No member of any board, commission, or authority shall hold any elective office in the town.
(e) Any vacancy on a board, commission, or authority of the town shall be filled for the unexpired term in the manner provided by ordinance adopted by town council.
(f) Except as otherwise provided by this charter, by ordinance, or by general state law, each board, commission, or authority of the town shall elect one of its members as chairman and one member as vice chairman and may elect as its secretary one of its own members or may appoint as secretary an employee of the town. Each board, commission, or authority of the town government may establish such bylaws, rules, and regulations not inconsistent with this charter, ordinances of the town, or general state law as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs, copies of which shall be filed with the clerk of the town.
ARTICLE IV JUDICIAL BRANCH
Section 4.10. Creation; name. There shall be a court to be known as the Municipal Court of the Town of Tallulah Falls.
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Section 4.11. Judge, (a) The municipal court shall be presided over by a chief judge and such part-time, full-time, or stand-by associate judges as shall be provided by ordinance.
(b) No person shall be qualified or eligible to serve as a judge of the municipal court unless he shall have attained the age of 21 years and is a resident of the Town of Tallulah Falls. All judges shall be appointed by the town council.
(c) Compensation of the judges shall be fixed by ordinance.
(d) Judges may be removed for cause by a vote of three members of the town council.
(e) Before entering on duties of his office, each judge shall take an oath given by the mayor that he will honestly and faithfully discharge the duties of his office to the best of his ability without fear, favor, or partiality. The oath shall be entered upon the minutes of the town council.
Section 4.12. Convening. The municipal court shall be convened at regular intervals as designated by ordinance or as provided by ordinance.
Section 4.13. Jurisdiction; powers, (a) The municipal court shall try and punish violations of all town ordinances.
(b) The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $25.00 or 24 hours in jail.
(c) The municipal 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 town work gang or on the streets, sidewalks, squares, or other public works for a period not exceeding 30 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 costs of meals, transportation, and caretaking of prisoners bound over to superior courts for violations of state law.
3554 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(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 appearance and shall fail to appear at the time fixed for trial, his bond shall be forfeited by the judge presiding at such time, and an execution issued thereon by serving the defendant and his sureties with a rule nisi at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial; and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge declared forfeited to the town, or the property so deposited shall have a lien against it for the value forfeited, which lien shall be enforceable in the same manner and to the same extent as a lien for town property taxes.
(f) The municipal court shall have the authority to bind prisoners over to the appropriate court when it appears by probable cause that a state law has been violated.
(g) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary.
(h) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summons, subpoena, and warrants which may be served as executed by any officer as authorized by this charge or by general state law.
(i) The municipal court is specifically vested with all of the jurisdiction and powers throughout the entire area of this town granted by general state laws to mayors', recorders', and police courts, and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations.
Section 4.14. Appeal. The right of appeal and any bond as may be required shall be had by writ of certiorari to the superior courts as provided by general state law.
Section 4.15. Rules for court. With the approval of the town council, the judge shall have full power and authority to make
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reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, however, that the town 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 town clerk, shall be available for public inspection, and, upon request, a copy shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings.
ARTICLE V ELECTIONS
Section 5.10. Regular elections, (a) An election shall be held on the first Tuesday in January in even-numbered years to elect council members and to fill the office of mayor in those years in which their term of office expires. In the event such first Tuesday in January shall be a holiday, the election shall be held on the second Tuesday in January of that year. All primaries and elections shall be held and conducted in accordance 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. The person receiving a plurality of the votes cast for any town office shall be elected.
(b) Nothing contained herein shall affect the offices of those persons presently serving as mayor and council members at the date of approval of this Act, but said officers shall serve out the remainder of their offices as hereinbefore may have been provided by law.
Section 5.12. Special elections; vacancies. In the event that vacancies occur in one or more elected office of the town for any cause whatsoever, the mayor or the council, or those remaining, or, if none, any three or more citizens and voters of the town shall order a special election to fill the balance of the unexpired term of such office; provided, however, if such vacancy occurs within 180 days of the expiration of the term of office of the mayor or any council member, such vacancy in office shall be filled by appointment by the remaining members of the council. Both special elections and qualifications of candidates therefor shall conform to the applicable provisions of this charter and the Georgia Municipal Election Code, Chapter 3 of Title 21 of the O.C.G.A., as now or hereafter amended.
3556 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 5.13. Grounds for removal. The mayor or any council member shall be subject to removal from office for any one or more of the following causes:
(1) Misfeasance or malfeasance in office;
(2) Conviction of a crime involving moral turpitude;
(3) Failure at any time to possess any of the qualifications of office as provided by this charter or by law;
(4) Willful violation of any express prohibition of this charter;
(5) Abandonment of office or neglect to perform the duties thereof; or
(6) Failure for any cause to perform the duties of office as required by this charter or by law.
Section 5.14. Procedure for removal. Removal of an elected officer from office may be accomplished by one of the following methods:
(1) By action of two-thirds' vote of the entire membership of the council. In the event an elected officer is sought to be removed by the action of the council, such officer shall be entitled to a written notice specifying the ground for removal and to a public hearing which shall be held not less than ten days from the service of such written notice. Any elected officer sought to be removed from office as herein provided shall have the right of appeal from the decision of the council to the Superior Court of Habersham or Rabun County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court;
(2) By information filed in the Superior Court of Habersham County or in the Superior Court of Rabun County as provided by law; or
(3) By recall as now or hereafter provided by Georgia law.
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ARTICLE VI FINANCE
Section 6.10. Property tax. The town council may assess, levy, and collect an ad valorem tax on all real and personal property within the corporate limits of the town that is subject to such taxation by the state and county. This tax is for the purpose of raising revenues to defray the costs of operating the town government, providing governmental services, repayment of principal and interest on general obligations, and any other public purposes as determined by the town council in its discretion.
Section 6.11. Millage rate; due dates; payment methods. The town council, by ordinance, shall establish a millage rate for the town property tax, a due date, and in what length of time these taxes must be paid. The town council, by ordinance, may provide for the payment of these taxes by installments or in one lump sum, as well as authorize the voluntary payment of taxes prior to the time when due.
Section 6.12. Occupation and business taxes. The town 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 town or who practice or offer to practice any profession or calling therein to the extent such persons have a constitutionally sufficient nexus to this town to be so taxed. The town 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 town council by ordinance shall have the power to require any individuals or corporations who transact business in this town or who practice or offer to practice any profession or calling therein to obtain a license or permit for such activity from the town and pay a reasonable fee for such license or permit where such activities are not now regulated by general state law in such a way as to preclude town regulation. Such fees may reflect the total cost to the town of regulating the activity and, if unpaid, shall be collected as provided in Section 6.18. The town council by ordinance may establish reasonable requirements for obtaining or keeping such licenses as the public health, safety, and welfare necessitate.
3558 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 6.14. Franchises. The town council shall have the power to grant franchises for the use of this town's streets and alleys, for the purpose of railroads, street railways, telephone companies, electric companies, cable television, gas companies, transportation companies, and other similar organizations. The town council shall determine the duration, provisions, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, no franchise shall be granted for a period in excess of 35 years and no franchise shall be granted unless the town receives just and adequate compensation therefor. The town council shall provide for the registration of all franchises with the town clerk in a registration book to be kept by him. The town council may provide by ordinance for the registration within a reasonable time of all franchises previously granted.
Section 6.16. Service charges. The town council by ordinance shall have the power to assess and collect fees, charges, and tolls for sewer, sanitary, health, and water services or any other services rendered within and without the corporate limits of the town for the total cost to the town of providing such services. If unpaid, such charges shall be collected as provided in Section 6.18.
Section 6.16. Special assessments. The town council by ordinance shall have the power to assess and collect the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners under such terms and conditions as are reasonable. If unpaid, such charges shall be collected as provided in Section 6.18.
Section 6.17. Construction; other taxes. This town shall be empowered to levy any other tax allowed now or hereafter by state law; and the specific mention of any right, power, or authority in this article shall not be construed as limiting in any way the general powers of this town to govern its local affairs.
Section 6.18. Collection of delinquent taxes and fees. The town council by ordinance may provide generally for the collection of delinquent taxes, fees, or other revenue due the town under Sections 6.10 through 6.17 by whatever reasonable means as are not precluded by general state law. This shall include providing for the dates when the taxes or fees are due, late penalties or interest, issuance and execution of fieri facias, creation and priority of liens, making delin-
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quent taxes and fees personal debts of the persons required to pay the taxes or fees imposed, revoking town licenses for failure to pay any town taxes or fees, allowing exceptions for hardship, and providing for the assignment or transfer of tax executions.
Section 6.19. General obligation bonds. The town 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 town 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. Sale of town property, (a) The town council may sell and convey any real or personal property owned or held by the town for governmental or other purposes as provided by Code Section 36-37-6 of the O.C.G.A. or any other general state law as now or later amended.
(b) The town 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 town has no readily ascertainable monetary value.
(c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the town, a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the town, the town council may authorize the mayor to execute and deliver in the name of the town a deed conveying said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights of way of said street, avenue, alley, or public place or in settlement of any alleged damages sustained by said abutting or adjoining property owner. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the town has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made.
3560 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ARTICLE VII GENERAL PROVISIONS
Section 7.10. Eminent domain. The town council is empowered to acquire, construct, operate, and maintain public ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, airports, hospitals, and charitable, educational, recreational, sport, curative, corrective, detentional, penal and medical institutions, agencies and facilities, and any other public improvements inside or outside the town, and to regulate the use thereof, and for such purposes, property may be taken under 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 7.11. Official bonds. The officers and employees of this town, both elective and appointive, shall execute such official bonds in such amounts and upon such terms and conditions as the town council shall from time to time require by ordinance or as may be provided by state law.
Section 7.12. Prior ordinances. All ordinances, bylaws, rules, and regulations now in force in the town not inconsistent with this charter are declared valid and of full effect and force until amended or repealed by the town 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 work or cases shall be dealt with by such town agencies, personnel, or office as may be provided by the town council.
Section 7.14. Construction, (a) Section captions in this charter are informative only and are not to be considered as a part hereof.
(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 7.15. Severability. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged
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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 7.16. Repealer. An Act incorporating the Town of Tallulah Falls in the Counties of Habersham and Rabun, approved November 12,1889 (Ga. L. 1888-89, p. 1003), as amended, 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.
APPENDIX A CORPORATE BOUNDARIES
The Town of Tallulah Falls, in Habersham and Rabun counties, shall continue to be a municipal corporation under the name and style of Town of Tallulah Falls, Georgia, with corporate limits as follows:
All that tract or parcel of land lying and being in Habersham and Rabun Counties, Georgia, and being more fully described as follows:
BEGINNING at the intersection of the south line of Land Lot 220 of the 12th District, Habersham County, Georgia, with the thread of Tugalo River; thence in a westerly direction along the south line of Land Lots 220,219 and 211 of the 12th District, Habersham County, to the southwest corner of said Land Lot 211; thence northerly along the west line of Land Lot 211 of the 12th District, Land Lots 179,178, 177, and 176 of the 13th District, Habersham County, and Land Lots 175, 174, and 173 of the 13th District, Rabun County (formerly Habersham County) to the northwest corner of said Land Lot 173; thence easterly along the north line of Land Lots 173 and 185 of the 13th District, Rabun County, to the northeast corner of said Land Lot 185; thence southerly along the east line of Land Lot 185 of the 13th District, Rabun County, to the Tallulah River; thence across Tallulah River to the intersection of the north line of Land Lot 10 of the 5th District, Rabun County, with said Tallulah River; thence east along the north line of said Land Lot 10 of the 5th District to the northeast corner thereof; thence south along the east line of Land Lot 10 of the
3562 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
5th District, Rabun County (said line being the dividing line between the 4th and 5th Districts of Rabun County) to the northwest corner of Land Lot 11 of the 4th District, Rabun County; thence east along the north line of Land Lot 11 of the 4th District, Rabun County, to the northeast corner of said Land Lot 11; thence south along the east line of Land Lot 11 of the 4th District, Rabun County, to the southeast corner thereof, which is also the northwest corner of Land Lot 14; thence east along the north line of Land Lots 14 and 37 of the 4th District, Rabun County, to its intersection with the thread of Chattooga River, said thread of Chattooga River being the line between the States of Georgia and South Carolina; thence down the thread of the Chattooga and Tugalo River to its intersection with the south line of Land Lot 220 of the 12th District, Habersham County, and the point of Beginning. The area embraced within the above described boundaries includes all of Land Lots or Fractional Land Lots 211, 219, 220 of the 12th District, Habersham County; 179,178, 177, 176, 183, 182, 181, 180, 195, 194, and 193 of the 13th District, Habersham County, 173, 174, 175, 184 and 185 of the 13th District, Rabun County; 10,11,12, and 13 of the 5th District, Rabun County, 11,12,13,14, 37 and 38 of the 4th District, Rabun County, all in the State of Georgia.
Notice of Intent.
Notice is hereby given that Legislation to adopt a new charter for the town of Tallulah Falls, Georgia, will be introduced in the 1984 session of the General Assembly.
Donna A. Gray Clerk-Treasurer
Georgia, Habersham County.
Before me, the undersigned, Notary Public, this day personally came Bobby E. Williams, who, being first duly sworn, according to law, says that he is the publisher of the Tri-County Advertiser official newspaper published at Clarkesville, in said county and State, and that the publication, of which the annexed is a true copy, was
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published in said paper on the 5th day of January, 1984. As provided by law.
/s/ Bobby E. Williams
Subscribed and sworn before me, this 11th day of January, 1984.
/s/ June B. Long Notary Public, Georgia State at Large, My Commission Expires October 28, 1984. (Seal).
Notice of Intent.
Notice is hereby given that legislation to adopt a new charter for the town of Tallulah Falls, Georgia, will be introduced in the 1984 session of the General Assembly.
Donna A. Gray Clerk-Treasurer
Georgia, Rabun County.
Personally appeared before the undersigned officer duly authorized 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 1 week in the regular issues of January 5,1984.
/s/ James Wallace
3564 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 10th day of January, 1984.
/s/ Betty J. Wallace Notary Public, Rabun County, Georgia. My Commission Expires June 10, 1985. (Seal)
Approved February 6, 1984.
DADE COUNTY -- BOARD OF COMMISSIONERS CREATED -- REFERENDUM. No. 586 (House Bill No. 1246). AN ACT
To create a board of commissioners of Dade County; to provide for a chairman of the board; to provide for their election, oath, bond, powers, and duties and for all other related matters; to repeal a specific Act; to provide for a referendum; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Article 1. Creation and Composition
of Governing Authority Section 1-101. There is created a board of commissioners of Dade County to be composed of four members and a chairman to be elected as hereinafter provided. For the purpose of electing members of the board of commissioners, Dade County shall be divided into four commissioner districts described by the following boundaries:
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Commissioner District No. 1. Beginning at the intersection of the east brow of Sand Mountain with the Georgia-Tennessee state line; thence east along the state line to the west brow of Lookout Mountain; thence southerly along the brow of Lookout Mountain to its intersection with the centerline of the Burkhalter Gap Road, County Road Number 175; thence along the centerline of Burkhalter Gap Road to its intersection with McClain Branch; thence west along the center of McClain Branch to the east brow of Sand Mountain; thence north along the brow of Sand Mountain to the GeorgiaTennessee state line which is the point of beginning.
Commissioner District No. 2. Beginning at the intersection of the Georgia, Alabama, and Tennessee state lines; thence east along the Georgia-Tennessee state line to the east brow of Sand Mountain; thence southerly along the east brow of Sand Mountain to its intersection with the Georgia-Alabama state line; thence north along the Georgia-Alabama state line to its intersection with the Tennessee state line which is the point of beginning.
Commissioner District No. 3. Beginning at the intersection of the east brow of Sand Mountain and McClain Branch; thence east along center of McClain Branch to its intersection with Burkhalter Gap Road, County Road Number 175, thence northeasterly along the center line of Burkhalter Gap Road to the west brow of Lookout Mountain; thence southerly along the west brow of Lookout Mountain to its intersection with the TVA transmission line; thence west along the TVA transmission line to the east brow of Sand Mountain; thence northerly along the east brow of Sand Mountain to its intersection with McClain Branch which is the point of beginning.
Commissioner District No. 4. Beginning at the intersection of the west brow of Lookout Mountain with the Georgia-Tennessee state line; thence east along the state line to the Dade-Walker County line; thence southwesterly along the Dade-Walker County line to its intersection with the Georgia-Alabama state line; thence north along the Georgia-Alabama state line to its intersection with the east brow of Sand Mountain; thence northerly along the east brow of Sand Mountain to its intersection with the TVA transmission line; thence east with the TVA transmission line to its intersection with the west brow of Lookout Mountain, thence northeasterly along the west brow of Lookout Mountain to its intersection with the Georgia-Tennessee state lines which is the point of beginning.
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Section 1-102. There shall be elected to the board of commissioners of Dade County one member from each of the commissioner districts who shall be elected by the qualified voters of the entire county. Candidates shall offer for election to the board from the commissioner district in which their legal residence lies. The chairman may reside anywhere within the county.
Section 1-103. The first chairman and members elected pursuant to this Act shall be elected at the November, 1984, general election, and their successors shall be elected quadrennially thereafter. The terms of the chairman and members shall be for four years beginning on the first day of January following their election and until their successors are elected and qualified.
Section 1-104. No person shall be eligible to represent a commissioner district unless he is at least 21 years of age and has been a resident of the state at least one year and a resident of the district from which he offers as a candidate for at least six months immediately preceding the date of the election. In the event a member moves his residence from the district from which he qualified, his place on the board shall immediately become vacant.
Section 1-105. There shall be a chairman of the board of commissioners of Dade County who shall be elected by the qualified electors of the entire county. Any person desiring to offer as a candidate for election as chairman of said board shall specifically designate that he is running for the chairman of the board of commissioners of Dade County. No person shall be eligible to serve as chairman of the board of commissioners of Dade County unless he is at least 21 years of age and has been a resident of the state at least one year and a resident of Dade County for at least six months immediately preceding the date of the election. In the event the chairman moves his residence from Dade County, the office of chairman shall be declared vacant.
Section 1-106. The chairman of the board of commissioners of Dade County shall receive an annual salary in an amount equal to the minimum annual salary now or hereafter prescribed to be paid to the sheriff of Dade County by the general law prescribing minimum annual salaries for sheriffs, to be paid in equal monthly installments from the funds of Dade County, plus an allowance of $100.00 per month for expenses incurred inside the county. The chairman shall also be furnished at county expense with an automobile for use in the
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performance of his duties. The members of the board shall receive $100.00 per month. The chairman and other members shall also be reimbursed for their actual and necessary expenses incurred in carrying out their official duties outside the county. The board may also approve the payment of additional extraordinary actual expenses to be incurred by the chairman.
Section 1-107. All actual and necessary expenses paid to the chairman and any board member for expenses incurred outside the county and all extraordinary expenses incurred by the chairman shall be paid only upon presentation of an itemized statement of said expenses. All board members and the chairman shall before a check is issued turn in an itemized statement of mileage, which shall be set at 25<C per mile, and other expenses.
Section 1-108. The chairman and commissioners, before entering upon their duties of office, shall each give a good and sufficient bond to be approved by the judge of the probate court of said county in the sum of $10,000.00 for the faithful discharge of their duties. For any violations or neglect of duty as provided by this Act, said bonds shall become actionable, suit thereon to be brought in the name of the judge of the probate court of said county, for the use of any person damaged thereby, or for the County of Dade for any breach thereof by malfeasance or misfeasance in office, or for any tort or wrong committed under color of his office. The chairman and commissioners shall, before entering upon the duties of their office, each make oath before the judge of the probate court of said county to faithfully administer all things and affairs coming under their jurisdiction to the best interests of said county and to carry out the provisions of this Act.
Section 1-109. The board shall have a clerk to keep all books and records of said board. Said clerk shall perform all duties required of him by said board in keeping all the records and minutes of meetings of the board and keeping the board's office open and all records open to public inspection by any taxpayer of Dade County. Said clerk shall receive such compensation as shall be determined by the board, which compensation shall be payable from the funds of Dade County.
Section 1-110. It shall be unlawful for any candidate for election to the board or for any nomination therefor to enter into any agreement or understanding with any person or persons as to the disposal of any work, the purchase of any supplies, or any appoint-
3568 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ment which is or shall be under the control of the board; and any person so offending shall be ineligible to hold said office and, upon conviction, shall be punished as for a misdemeanor.
Section 1-111. (a) In the event a vacancy occurs on the board of commissioners of Dade County by death, resignation, or otherwise, the remaining members shall appoint a person to fill such vacancy until the next general election which is held more than 30 days after the date of the vacancy, at which time a successor shall be elected for the unexpired term. Any person appointed by the board to fill a vacancy shall reside within the commissioner district in which said vacancy occurred, and any person elected to fill a vacancy shall reside within the commissioner district in which said vacancy occurred and shall be elected in the same manner as the member whose position is vacant.
(b) In the event a vacancy occurs in the office of chairman of the board of commissioners of Dade County by death, resignation, or otherwise, the board of commissioners shall appoint a person to fill such vacancy until the holding of a special election which shall be called within 20 days after the date of the vacancy, at which special election a person shall be elected to fill such vacancy for the unexpired term.
Article 2. Powers and Duties of the Board of
Commissioners and the Chairman
Section 2-101. (a) The chairman and board of commissioners of Dade County shall be the governing authority and in addition to powers and duties granted by this Act and other laws shall have jurisdiction over the same matters as a probate judge when sitting for county purposes, as provided in Code Section 36-5-1 of the OCGA. The board of commissioners of Dade County shall be the policy-making body of Dade County. The chairman of the board of commissioners of Dade County shall be the administrative officer of the county.
(b) In the event of an emergency which requires immediate action for the preservation of life, property, or order and in which it is not possible to convene a quorum of the board, the chairman may take any reasonably necessary actions to meet the contingencies of the situation without the approval of the board even though such actions would normally be required to be approved by the board.
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Section 2-102. The board of commissioners shall at no time enter into administrative acts, contact employees or personnel of said county in relation to any duty or work habits of said employee, or request any service or actions on the part of said employee except through the chairman, unless as hereinafter set out in Sections 2-103 and 2-106.
Section 2-103. The chairman shall have power and authority to hire and fire all county employees with the approval of a majority of the board; provided, however, the chairman and the board shall have no authority to hire and fire employees of other elected county officials and the board of tax appraisers. The salary and wage ranges and numbers of employees in each range shall be set by the board at their first meeting of each fiscal year. It shall be at the discretion of the chairman as to the amount to be paid within said range. The chairman shall report to the board at its regular monthly meetings all positions to be filled in the ensuing month and all suspensions or replacements thereof which took place in the prior month. All such reports shall be spread upon the minutes of the board.
Section 2-104. The board shall set all specifications for work to be done in the county. Such specifications may be delegated to the chairman but only by an affirmative vote of three members of the board. The board shall make periodic inspections of the county properties and of the work being carried on by the county and the board shall, upon request, make report to the first grand jury meeting in Dade County each calendar year of the financial condition of Dade County and of the progress of the works being carried on by the county.
Section 2-105. The board of commissioners shall hire a clerk of the board and may also hire a deputy clerk.
Section 2-106. The board of commissioners shall elect the county attorney by affirmative vote of three of the members of the board, and he shall serve at the pleasure of the board.
Article 3. Meetings of the Board of Commissioners
Section 3-101. The board of commissioners shall hold two meetings per month which shall be called the regular monthly meetings of the board of commissioners of Dade County, and the board
3570 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
shall designate at their first meeting of the year what days of the month said regular meetings shall be held. There shall be such other special or called meetings as may be called by the chairman during each month. Upon the refusal of the chairman to call any special or called meeting requested by a member, then said meeting may be held by said member posting with the clerk of the county commissioners his notice, in writing, at least one day in advance of said meeting, of his intention of holding said meeting and the reason for holding said meeting if the notice is signed by two members of the board of commissioners, including the member requesting the meeting.
Section 3-102. Any matters which any individual member wishes to be brought before the board shall be submitted to the chairman in writing on the day previous to the regular meeting day or on the day previous to a called meeting. If the chairman is out of town or cannot be located or reached, said notice may be given by leaving a written copy of the matter to be brought before the board with the clerk of the board of commissioners.
Section 3-103. All matters so requested by the board shall be entered upon a calendar prepared by the chairman, along with matters to be brought before the board by the chairman, in an orderly fashion for the deliberations of the board.
Section 3-104. No person or any employee or official of Dade County shall be called before said board except by the chairman. Should the chairman refuse to call any person before the board, as requested by any member of the board, then, upon the vote of three of the members of the board, the board may direct the clerk to call such person or county employee or official before the board; all such directions by the board shall be spread upon the minutes of the board.
Section 3-105. Should the chairman be absent from any meeting, then the board may require, by a vote of three of the members of the board, the clerk to call such person, county employee, or official before said board. In the event of the absence of the chairman, the board may elect a vice chairman who shall act as the chairman during the absence of the chairman.
Section 3-106. A quorum shall consist of three members of the board and the affirmative vote of three members shall be required for any action of the board. The chairman may vote only to break a tie or when his vote will be the third affirmative vote in favor of a measure.
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Article 4. Finance
Section 4-101. (a) The chairman shall propose and the board of commissioners shall approve a budget for the ensuing fiscal year to begin July 1 of each year and going through June 30 of the following year. The budget process shall conform to the requirements of general law.
(b) Notwithstanding any other provision of any other law to the contrary, the judge of the probate court, the sheriff, the clerk of the superior court, and the tax commissioner of Dade County shall prepare budgets for the ensuing fiscal year based on the same fiscal year as the board of commissioners and shall submit such budgets by May 15 of each year.
Section 4-102. Notwithstanding any provision of the law to the contrary, with regard to the budget of any elected official of Dade County who is required under law to submit a budget for the operation of his office to the board of commissioners, said commissioners shall have the power and authority to determine the amounts which shall represent the final budget of said official and only those amounts so determined by said board shall be paid from the funds of the county. After the board of commissioners approve the budget of the elected officials of Dade County, it will become the responsibility of the elected official to administer the budget subject to such provisions for centralized accounting, bookkeeping, and purchasing as may be specified by the board of commissioners.
Section 4-103. The chairman shall keep a book of vouchers signed by the party or parties from whom supplies may be bought and by such party or parties itemized in every important particular, stating the number of articles or amount, rate, price, the purpose for which to be used, the total amount received, and other pertinent information. The chairman shall keep all vouchers properly bound and accessible to public inspection and for the use of the grand jury or the auditor. Any purchases of items whose aggregate purchase price shall be in excess of $1,000.00 shall be approved by the full board before being authorized.
Section 4-104. The chairman, before making any purchase which individually or in an aggregate is in excess of $1,000.00, shall have the approval of the majority of the board and competitive bids
3572 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
shall be taken. However, said bids may be waived with respect to any purchase which does not exceed $15,000.00 by the unanimous consent of the board, with three board members and the chairman signing said purchase order and said purchase order being entered into the minutes of the meeting when approved.
Section 4-105. (a) The chairman shall carry out all road work and have complete control as to the manner and methods which said road projects are to be carried out. However, prior to the beginning of construction on any road or road project which constitutes a capital improvement, the chairman shall bring said project to the attention of the board, giving an estimated cost of its completion, including all labor, materials, and subcontract costs which would be encountered therein.
(b) The board of commissioners shall designate what work on capital improvements shall be taken up by the chairman. All such instructions shall be entered into the minutes. The board shall not authorize or set forth any expenditures which would cost in excess of the amount of funds budgeted. No work on capital improvements shall be instituted without the affirmative vote of three members of the board.
Section 4-106. The chairman's signature is required on all checks or vouchers issued by Dade County and any voucher issued and signed by the chairman shall be deemed to be signed with his full knowledge of the intent and purposes for which said check or voucher was issued.
Section 4-107. The chairman shall present to the board of commissioners at their first meeting in each month a financial statement showing to the commissioners expenditures and income of the previous month.
Section 4-108. The clerk of the board shall sign each voucher or check along with the chairman of the board of commissioners. It shall be deemed that any such voucher or check was signed with the full knowledge and cognizance of what said voucher or check was paid for and the purposes for which same is or was to be used.
Section 4-109. The chairman shall, at the end of each month, make out an itemized account of all the transactions of his office, stating the amount of money or moneys received and from what
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source, the amount of money or moneys expended and for what purposes during that month, and post the same on the bulletin board at the courthouse within ten days after the end of each month, there to remain for a period of 30 days.
Article 5. General Provisions
Section 5-101. An Act creating the office of commissioner of Dade County, approved March 9, 1959 (Ga. L. 1959, p. 2382), as amended, is repealed in its entirety.
Section 5-102. Not less than 30 nor more than 45 days before the date of the 1984 Presidential Preference Primary, it shall be the duty of the election superintendent of Dade County to issue the call for an election for the purpose of submitting this Act to the electors of Dade County for approval or rejection. The superintendent shall set the date of such election for the date of the 1984 Presidential Preference Primary. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Dade County. The ballot shall have written or printed thereon the words:
"( ) YES ( ) NO
Shall the Act providing for a new board of commissioners for Dade County be approved?"
All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect; otherwise it shall be void and of no force and effect. If so approved this Act shall become effective January 1, 1985, except that the provisions of this Act necessary for the election of the board in 1984 shall become effective immediately.
The expense of such election shall be borne by Dade 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.
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Section 5-103. All laws and parts of laws in 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 1984 session of the General Assembly of Georgia a bill to create a board of commissioners of Dade County; to provide for a chairman of the board; to provide for their election, oath, bond, powers, and duties and for all other related matters; to repeal a specific Act; to provide for a referendum; and for other purposes.
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John G. Crawford, who, on oath, deposes and says that he is Representative from the 5th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Dade County Sentinel which is the official organ of Dade County, on the following date: January 11, 1984.
/s/ John G. Crawford Representative, 5th District
Sworn to and subscribed before me, this 20th day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved February 6,1984.
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DADE COUNTY -- BOARD OF EDUCATION -- ELECTION OF MEMBERS, ETC. -- REFERENDUM.
No. 587 (House Bill No. 1245).
AN ACT
To provide for election of members to the Dade County board of education; to provide for five education districts; to provide for qualifications of the members of the board; to provide for the manner of election; to provide for filling vacancies; to provide for a referendum election in Dade County at which the voters of the Dade County school district may approve or disapprove of said election procedure; 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 board of education of Dade County shall be composed of five members to be elected as provided in this Act. For the purpose of electing members of the board, Dade County shall be divided into five education districts described by the following boundaries:
Education District No. 1. Beginning at the intersection of the east brow of Sand Mountain with the Georgia-Tennessee state line; thence east along the state line to the west brow of Lookout Mountain; thence southerly along the brow of Lookout Mountain to its intersection with the centerline of the Burkhalter Gap Road, County Road Number 175; thence along the centerline of Burkhalter Gap Road to its intersection with McClain Branch; thence west along the center of McClain Branch to the east brow of Sand Mountain; thence north along the brow of Sand Mountain to the Georgia-Tennessee state line which is the point of beginning.
3576 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Education District No. 2. Beginning at the intersection of the Georgia, Alabama, and Tennessee state lines; thence east along the Georgia-Tennessee state line to the east brow of Sand Mountain; thence southerly along the east brow of Sand Mountain to its intersection with the Georgia-Alabama state line; thence north along the Georgia-Alabama state line to its intersection with the Tennessee state line which is the point of beginning.
Education District No. 3. Beginning at the intersection of the east brow of Sand Mountain and McClain Branch; thence east along center of McLain Branch to its intersection with Burkhalter Gap Road, County Road Number 175, thence northeasterly along the center line of Burkhalter Gap Road to the west brow of Lookout Mountain; thence southerly along the west brow of Lookout Mountain to its intersection with the TVA transmission line; thence west along the TVA transmission line to the east brow of Sand Mountain; thence northerly along the east brow of Sand Mountain to its intersection with McClain Branch which is the point of beginning.
Education District No. 4. Beginning at the intersection of the west brow of Lookout Mountain with the Georgia-Tennessee state line; thence east along the state line to the Dade-Walker County line; thence southwesterly along the Dade-Walker County line to its intersection with the Georgia-Alabama state line; thence north along the Georgia-Alabama state line to its intersection with the east brow of Sand Mountain; thence northerly along the east brow of Sand Mountain to its intersection with the TVA transmission line; thence east with the TVA transmission line to its intersection with the west brow of Lookout Mountain, thence northeasterly along the west brow of Lookout Mountain to its intersection with the Georgia-Tennessee state lines which is the point of beginning.
Education District No. 5 shall be composed of the entire Dade County school district.
Section 2. There shall be one member of the board elected from each education district. A person may not offer as a candidate for election to the board from any education district other than from the education district in which he or she is a legal resident. The board member representing each education district shall be elected by the voters of the entire Dade County school district. Board members shall be elected by a majority vote of the registered voters casting ballots in an election.
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Section 3. No person shall be eligible to offer for election to the board or serve thereon unless that person is at least 21 years of age, has been a resident of the state at least one year, and has been a resident of the territory embraced within the education district from which that person offers as a candidate for at least six months immediately preceding the date of the election. In the event a member moves his or her residence from the education district he or she represents, his or her place on the board shall immediately become vacant.
Section 4. The terms of the members in office on the effective date of this section shall expire on December 31, 1984. The first members elected under this Act shall be elected at the November, 1984, general election. The members elected in 1984 from education districts number 1 and number 2 shall serve for two-year terms expiring at the end of 1986. The members elected in 1984 from education districts number 3, number 4, and number 5 shall serve for four-year terms expiring at the end of 1988. A successor to each member elected in 1984 shall be elected quadrennially thereafter at the general primary and general election immediately preceding the expiration of his term. All such future members shall be elected to a four-year term; and all members shall take office on the first day of January immediately following their election.
Section 5. At the first meeting of the board in January, 1985, and at the January meeting biennially thereafter, the board shall elect one of their members as chairman to serve for a term of two years and such other officers as the board shall determine. Four members of the board shall constitute a quorum for the transaction of business. All members of the board shall be compensated as provided by general law.
Section 6. In the event any vacancy occurs on the board of education of Dade County, the remaining members of the board shall select a successor to serve for the unexpired term. In the event a vacancy occurs in the office of chairman of the board, the remaining members shall elect from one of their members a new chairman to serve for the unexpired term. The board of education of Dade County created by this Act shall be the successor to all the rights, powers, duties, and obligations of the old board of education of Dade County and shall be subject to all constitutional and statutory provisions relating to county boards of education not in conflict with this Act.
3578 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 7. In the event the voters of the Dade County school district fail to approve the election of board members as set forth in this Act, the board of education for Dade County shall be appointed by the grand jury of Dade County, according to the Constitution and the laws of the State of Georgia.
Section 8. Not less than 30 nor more than 45 days before the date of the 1984 Presidential Preference Primary, it shall be the duty of the election superintendent of Dade County to issue the call for an election for the purpose of submitting this Act to the electors of the Dade County school district for approval or rejection. The superintendent shall set the date of such election for the date of the 1984 Presidential Preference Primary. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Dade County. The ballot shall have written or printed thereon the words:
"( ) YES ( ) NO
Shall the Act providing for a new board of education for the Dade County school district be approved?"
All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Sections 1 through 6 of this Act shall become of full force and effect; otherwise they shall be void and of no force and effect. If so approved, Sections 1 through 6 of this Act shall become effective January 1, 1985, except that the provisions of this Act necessary for the election of the board in 1984 shall become effective immediately.
The expense of such election shall be borne by Dade 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 9. All laws and parts of laws in conflict with this Act are repealed.
GEORGIA LAWS 1984 SESSION
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Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1984 session of the General Assembly of Georgia a bill to provide for election of members to the Dade County board of education; to provide for five education districts; to provide for qualifications of the members of the board; to provide for the manner of election; to provide for filling vacancies; to provide for a referendum election in Dade County at which the voters of the Dade County school district may approve or disapprove of said election procedure; to provide for other matters relative to the foregoing; and for other purposes.
This 5th day of January, 1984.
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John G. Crawford, who, on oath, deposes and says that he is Representative from the 5th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Dade County Sentinel which is the official organ of Dade County, on the following date: January 11, 1984.
/s/ John G. Crawford Representative, 5th District
Sworn to and subscribed before me, this 20th day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved February 6,1984.
3580 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CHEROKEE COUNTY -- SUPERINTENDENT OF SCHOOLS -- APPOINTMENT BY BOARD OF EDUCATION -- REFERENDUM.
No. 588 (House Bill No. 1252).
AN ACT
To provide that the successor to the Cherokee County school superintendent shall be appointed by vote of the board of education to serve at the pleasure of 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. Upon the expiration of the term of office of the Cherokee County school superintendent holding office when this section becomes of full force and effect, as provided in Section 2 of this Act, the Cherokee County board of education shall appoint, by a majority vote of its members, the county school superintendent who shall serve at the pleasure of the board. The first superintendent appointed by the board shall be appointed at the first meeting of the board held after the expiration of the term of office of the superintendent holding office when this section becomes of full force and effect. In the event the office of school superintendent becomes vacant by reason of death, resignation, or otherwise prior to the expiration of the term of office of the superintendent holding office when this section becomes of full force and effect, such vacancy shall be filled by the board appointing a school superintendent, to serve at the board's pleasure, at the first meeting of the board held after said office becomes vacant. Any county school superintendent appointed by the board shall be subject to all provisions of law relative to county school superintendents, except as otherwise provided in this Act.
GEORGIA LAWS 1984 SESSION
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Section 2. 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 Cherokee County to issue the call for an election for the purpose of submitting this Act to the electors of Cherokee County for approval or rejection. The superintendent shall set the date of such election 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 Cherokee County. The ballot shall have written or printed thereon the words:
."( ) YES ( ) NO
Shall the Act providing that the successor to the Cherokee County school superintendent shall be appointed by the Cherokee County board of education to serve at the pleasure of the board be approved?"
All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect; otherwise it shall be void and of no force and effect.
The expense of such election shall be borne by Cherokee County. It shall be the duty of the superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Notice.
The Cherokee County State Legislative delegation plans to introduce legislation pertaining to calling a voter referendum to determine whether the office of Cherokee County School Superintendent should be an elective or an appointive position.
3582 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This request has been made to the legislative delegation by the Cherokee County Board of Education.
The Cherokee County Legislative Delegation
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. G. Hasty, Sr., who, on oath, deposes and says that he 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 date: January 18, 1984.
/s/ W. G. Hasty, Sr. Representative, 8th District
Sworn to and subscribed before me, this 23rd day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved February 7, 1984.
GEORGIA LAWS 1984 SESSION
3583
CITY OF MACON -- CORPORATE LIMITS CHANGED.
No. 590 (Senate Bill No. 298).
AN ACT
To amend an Act providing a new charter for the City of Macon, Georgia, approved March 23,1977 (Ga. L. 1977, p. 3776), as amended, so as to change the corporate limits of said city; to provide for effective dates; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act providing a new charter for the City of Macon, Georgia, approved March 23,1977 (Ga. L. 1977, p. 3776), as amended, is amended by adding a new subsection (d) at the end of Section 1-105 to read as follows:
"(d) The corporate limits of the city shall not include the following described five tracts within Jones County which are deannexed and removed from the corporate limits of the City of Macon, the boundaries of which tracts are described as follows:
TRACT A
BEGINNING at the point of intersection of line dividing Land Lots 56, 57, 74 and 75, Seventh District, thence angle right and travel N 43 degrees 50' E along the line dividing Land Lots 56 and 57, Seventh District, Jones County, Georgia a distance of 1100 feet to a point; thence angle left and travel N 46 degrees 10' W a distance of 400 feet to a point; thence angle right and travel N 43 degrees 50' E a distance of 400 feet to a point; thence angle left and travel N 46 degrees 10' W a distance of 2581 feet, more or less, to the point of intersection of said line and the line dividing Land Lot 55 and 56; thence angle left and travel S 45 degrees 23' W a distance of 1600 feet, more or less, to the point of intersection of the lines dividing Land Lots 55, 56, 75 and 76; thence angle left and travel in a southeasterly direction 2981 feet, more or less, along the line dividing Land Lot 56 and 75, said line also being the boundary line between Bibb County and Jones County, Georgia to the point of intersection of line dividing Land Lots 56, 57, 74 and
3584 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
75, Seventh District, Jones County and being the point of beginning.
TRACT B
BEGINNING at a point on the northeasterly line of Land Lot 76, 7th Land District, County of Bibb, State of Georgia, where same is intersected by an extension of the northwesterly line of the 100' right-of-way of Millerfield Road; thence travel in a northwesterly direction along said land lot line, said line being the line dividing Bibb County and Jones County, Georgia, a distance of 2460 feet, more or less, to the northwesterly line of said Land Lot 76; thence angle right and travel northeasterly along the line of Land Lot 55 a distance of 37 feet, more or less, to a point on the northeasterly line of the 80 foot right-of-way of Joycliff Road; thence angle right and travel in a southeasterly direction along said right-of-way line a distance of 2475 feet, more or less, to a point on the northwesterly line of the 100 foot right-of-way of Millerfield Road; thence angle right and travel in a southwesterly direction along an extension of said right-of-way line of Millerfield Road a distance of 50 feet, more or less, to point of beginning.
TRACT C
BEGINNING at the point of intersection of line dividing Land Lots 54 and 55, 7th District, Jones County, Georgia, where said point intersects the northeastern right-of-way line of Joycliff Road; thence travel in a northeasterly direction along the line dividing Land Lots 54 and 55 a distance of 1600 feet, more or less, to a point on the southern boundary line of the now or formerly Jack Butts Property; thence angle left and travel in a northwesterly direction along the southern boundary line of said Butts Property a distance of 210 feet, more or less, to the southwest corner of said property; thence angle right and travel in a northeasterly direction along the western boundary line of said Butts Property a distance of 630 feet, more or less, to the northwest corner of said property; thence angle right and travel in a southeasterly direction along the northern boundary line of said Butts Property a distance of 210 feet, more or less, to the point of intersection of said line and the line dividing Land Lots 54 and 55; thence angle left and travel in a northeasterly direction along the line dividing Land Lots 54 and 55 a distance if 750 feet, more or less, to the point of intersection of the lines dividing Land Lots 50,
GEORGIA LAWS 1984 SESSION
3585
51, 54 and 55; thence angle left and travel in a northwesterly direction along the line dividing Land Lots 51 and 54 a distance of 3000 feet, more or less, to the point of intersection of the lines dividing Land Lots 51, 52, 53 and 54; thence angle left and travel in a southwesterly direction along the line dividing Land Lots 53 and 54 a distance of 2340 feet, more or less, to the point of intersection of said line and the western corner of Lots 19 and 20, Block H, Section 4, Kingsview Village Subdivision; thence angle left and travel in a southeasterly direction along the southwestern boundary line of Lots 19, 18, 15 and part of 14, said Block H. a distance of 420 feet, more or less, to the point of intersection of said line and the northwestern boundary line of Lot 6, said Block H; thence angle right and travel in a southwesterly direction along the northwestern boundary line of Lot 6,5 and 4, Block H, Section IV, Kingsview Subdivision and an extension there of a distance of 630 feet, more or less, to a point where said line intersects the line dividing Land Lots 77 and 54; thence angle left and travel in a southeasterly direction along line dividing Land Lots 77 and 54, a distance of 2580 feet, more or less, to point, said point being the intersection of Land Lots 54, 55, 76 and 77; thence angle left and travel in a northeasterly direction along the line dividing Land Lots 54 and 55 a distance of 37 feet, more or less, to the point of beginning.
TRACT D
BEGINNING at a point where the line dividing Bibb County and Jones County, Georgia intersects the northeastern boundary line of Lot 34, Horseshoe Drive Subdivision, as recorded in Plat Book 22, Page 20, Clerk's Office, Bibb Superior Court; thence angle right and travel in a southeasterly direction along the northeastern boundary line of Lot 34 a distance of 150 feet, more or less, to the northwest corner of Lot 37; thence angle left and travel in an easterly direction along the northern boundary line of Lots 37, 38, 39 and 40, Horseshoe Drive Subdivision a distance of 360 feet, more or less, to the point of intersection of said line and the western right-of-way line of Adahi Drive; thence angle right and travel in a southeasterly direction across Adahi Drive to the point of intersection of the eastern right-of-way line of Adahi Drive and the southern boundary line of Lot 60, Horseshoe Drive Subdivision; thence angle left and travel in an easterly direction along the southern boundary line of Lot 60 a distance of 216 feet, more or less, to the southeast corner of said lot; thence angle left
3586 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
and travel in a northeasterly direction along the eastern boundary line of Lot 60 a distance of 123 feet, more or less, to the point of intersection of said line and the eastern boundary line of Horseshoe Drive Subdivision; thence angle left and travel in a northerly direction along the eastern boundary line of Horseshoe Drive Subdivision a distance of 472 feet, more or less, to the northeast corner of Lot 65; thence angle left and travel in a westerly direction along the northern boundary line of Lot 65 a distance of 162 feet, more or less, to the point of intersection of said line and the eastern right-of-way line of Adahi Drive; thence angle right and travel in a northerly direction along the eastern right-of-way line of Adahi Drive a distance of 293 feet, more or less, to the point of intersection of said line and the southern right-of-way line of New Clinton Road; thence angle left and travel in a southwesterly direction along the southern right-of-way line of New Clinton Road a distance of 685 feet, more or less to the point of intersection of said line and the line dividing Bibb County and Jones County, Georgia; thence angle left and travel in a southeasterly direction along the line dividing Bibb County and Jones County a distance of 60 feet, more or less, to the point of beginning.
TRACT E
BEGINNING at a point where the line between Bibb County and Jones County, Georgia intersects the northeastern boundary line of North Forest Hills Subdivision said line also being the line dividing Land Lots 154 and 157, Eighth District, as shown on a drawing prepared by Joe F. Tamplin for Fickling and Walker Development Company, dated April 1959, and on record in the City Engineer's Office; thence angle right and travel in a northwesterly direction along the line dividing Land Lots 154 and 157 a distance of 1000 feet, more or less, to the point of intersection of the lines dividing Land Lots 153,154,157 and 158, said point also being the northern most corner of said North Forest Hills Subdivision, thence angle left and travel in a southwesterly direction along the line dividing Land Lots 157 and 158, a distance of 1000 feet, more or less, to the point of intersection of the line dividing Bibb County and Jones County, Georgia; thence angle left and travel in an easterly direction along the line dividing Bibb County and Jones County, Georgia a distance of 1414 feet, more or less, to the point of beginning."
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Section 2. (a) The territory described in Tracts A and E in Section 1 of this Act shall be deannexed and removed from the corporate limits of the City of Macon on the date this Act is approved by the Governor or on the date it becomes law without his approval.
(b) Except as hereinafter provided, the territory described in Tracts B, C, and D in Section 1 of this Act shall be deannexed and removed from the corporate limits of the City of Macon only if the governing authority of the City of Macon and the governing authority of Jones County enter into a contract which relates to the provision of governmental services in the area removed from the City of Macon by this Act and which recites that it is entered into pursuant to this Act. If such a contract is entered into then this Act shall become effective on the date the contract is entered into. In the event no such contract is entered into prior to March 1, 1984, Tracts B, C, and D shall be deannexed and removed from the corporate limits of the City of Macon on that date.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1983 session of the General Assembly of Georgia a bill to amend an Act providing anew charter for the City of Macon, Georgia, approved March 23, 1977 (Ga. L. 1977, p. 3776), as amended; and for other purposes.
This 27th day of January, 1983.
/s/ Richard L. Greene Senator, 26th District
3588 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 Legislation 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 21st day of February, 1983.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved February 8, 1984.
BUTTS COUNTY -- OFFICE OF TREASURER ABOLISHED -- REFERENDUM. No. 591 (House Bill No. 1375). AN ACT
To abolish the office of treasurer of Butts County; to repeal an Act relating to the compensation and duties of the treasurer of Butts
GEORGIA LAWS 1984 SESSION
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County, approved August 19,1916 (Ga. L. 1916, p. 376), as amended; to provide for a special election to determine whether the foregoing provisions of this Act shall become effective; to provide for related matters; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. The office of treasurer of Butts County shall be abolished as of January 1,1985. However, if the office of treasurer of Butts County becomes vacant prior to January 1, 1985, then such vacancy shall not be filled and the office of treasurer shall be abolished as of the date of the vacancy.
Section 2. The governing authority of Butts County is authorized to designate an employee of the county or some other person to perform the duties of the treasurer. Such person shall receive all funds heretofore received by the treasurer and disburse the same as provided by law for the disbursement of funds by county treasurers.
Section 3. An Act relating to the compensation and duties of the treasurer of Butts County, approved August 19,1916 (Ga. L. 1916, p. 376), as amended, is repealed in its entirety as of January 1,1985.
Section 4. The election superintendent of Butts County shall on the date of the March, 1984, Presidential Preference Primary conduct an election for the purpose of submitting this Act to the electors of Butts County for approval or rejection. At least 29 days shall intervene between the date the election is called and the date the election is held. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks in the official organ of Butts County. The ballot shall have written or printed thereon the words:
"( ) YES ( ) NO
Shall the provisions of the Act abolishing the office of treasurer of Butts County be approved?"
All persons desiring to vote for approval shall vote "Yes," and those persons desiring to vote for rejection shall vote "No." If more than one-half of the votes cast are for approval then Sections 1
3590 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
through 3 of this Act shall become of full force and effect; otherwise Sections 1 through 3 of this Act shall be void.
The expense of such election shall be borne by Butts County. The election superintendent of Butts County shall hold and conduct the election and shall certify the result thereof to the Secretary of State.
Section 5. All laws and parts of laws in conflict with this Act are repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1984 session of the General Assembly of Georgia a bill to abolish the office of treasurer of Butts County; to provide for a referendum; to provide for related matters; and for other purposes.
This 23rd day of January, 1984.
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 date: January 25,1984.
/s/ Bill Jones Representative, 78th District
GEORGIA LAWS 1984 SESSION
Sworn to and subscribed before me, this 30th day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved February 10,1984.
3591
FULTON COUNTY -- BOARD OF EDUCATION -- ELECTION OF MEMBERS, EDUCATION DISTRICTS,
ETC. -- REFERENDUM.
No. 592 (House Bill No. 1147).
AN ACT
To provide for the number of members and for the election of members of the Board of Education of Fulton County; to provide for education districts; to provide the manner of electing members to the board; to provide for the compensation of the members of the board; to provide for filling of vacancies on the board; to provide for the election of the president of the board from the membership thereof and for the term of said president; to provide for the appointment of the Fulton County superintendent of schools by said board of education; to provide for other matters relative to the foregoing; to provide for a referendum; to provide effective dates; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. (a) The Board of Education of Fulton County shall be composed of seven members to be elected as hereinafter provided. For the purpose of electing members of the Board of Education of
3592 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Fulton County, the Fulton County School District shall be divided into seven education districts as follows:
Education District 1
Fulton Tract 114.01 Block Groups 1 through 5 Those parts of Blocks 601, 602, and 604 within the city limits of Roswell Blocks 605 through 609 Block Groups 7 through 9 Tract 114.02 Those parts of Blocks 205, 301, and 401 within the city limits of Roswell Blocks 402 and 403 That part of Block 404 within the city limits of Roswell Blocks 406 through 418 and 420 through 423 Tract 115 Block Group 3 Blocks 401 through 408, 410, 413, 414, and 421 Block Groups 5 through 7 and 9
Education District 2
Fulton Tract 101.03 Block Groups 6 through 8 Tract 101.04 Tract 102.02 Block Group 1 Blocks 201, 203, 204, 210 through 212, and 215 Block Group 9 Tract 114.01 Those parts of Blocks 601 and 602 within the city limits of
GEORGIA LAWS 1984 SESSION
Alpharetta Block 603 That part of Block 604 within
the City of Alpharetta Tract 114.02
Block Group 1 Blocks 201 through 203 That part of Block 205 outside
the city limits of Roswell Blocks 206, 207, and 210 That part of Block 301 outside
the City of Roswell Blocks 302 and 303 Those parts of Blocks 401 and 404
outside the City of Roswell Block Groups 5 through 7 Tract 115 Blocks 409, 411, 412, 415,
and 420 Tract 116
Education District 3
Fulton Those parts of Tracts 98, 100, and 101.01 outside the city limits of Atlanta Tract 101.03 Block Groups 1 through 5 Those parts of Tract 102.01 outside the City of Atlanta Tract 102.02 Blocks 205, 208, 213, 214, and 216 through 219 Block Groups 3 through 8
Education District 4
Fulton Those parts of Tracts 77.01, 77.02, 78.02, 78.03, 79, and 82.02 outside the city limits of Atlanta Tract 103
3593
3594 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Blocks 117 through 123 That part of Block 124 outside
the City of Atlanta Block 125 That part of Block 129 outside
the City of Atlanta Block 135 Block Groups 2 through 4 Blocks 501 through 503 and 507
through 510 That part of Block 511
outside the City of Atlanta Blocks 512 through 514 Tract 105.03 Tract 105.04 Blocks 301 through 305 Tract 106.02 Blocks 307 through 315 and
322 through 324 Block Group 4 Tract 113.02 Blocks 401 through 405 and
420 through 438
Education District 5
Fulton Tract 103 Blocks 504 through 506 and 515 through 518 Block Groups 6 through 8 Tract 104 Tract 105.04 Block Groups 1 and 2 Blocks 306 through 313, 315, 317 through 326, 335 through 337, and 351 Block Groups 4 and 6 Tracts 105.05 and 105.06
Education District 6
GEORGIA LAWS 1984 SESSION
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Fulton Tract 106.01 Tract 106.02 Block Groups 1 and 2 Blocks 301 through 305, 316, and 318 through 321 Tract 113.01 Tract 113.02 Block Groups 1 through 3 Blocks 409 through 413, 415, and 417 through 419 Block Group 5
Education District 7
Fulton Tracts 107 through 111, 112.01, and 112.02
(b) For the purposes of this section:
(1) The terms "Tract" or "Census Tract," "Block Group," and "Block" shall mean and shall describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1980 for the State of Georgia.
(2) Whenever the description of any education district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 1980 for the State of Georgia.
(c) Any portion of the Fulton County School District which is not included in any education district described in this section shall be included within that district contiguous to such portion which contains the least population according to the United States decennial census of 1980 for the State of Georgia. No territory within the territorial boundaries of any independent school system in existence on the date this Act becomes effective shall be included within the boundaries of any of said education districts.
Section 2. (a) Candidates offering for election to said board of education shall designate the education district for which they are
3596 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
offering. There shall be elected one member from each of said districts. 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 at least one year immediately preceding the date of the election. If members of the board move their residence from the respective education districts which they represent, their respective positions on the board shall thereby become vacant, and such vacancies shall be filled as provided in subsection (b) of Section 3 of this Act. Candidates shall be elected by a majority vote of the qualified voters voting within their respective education districts as provided in subsection (b) of this section.
(b) The members of the board of education shall be nominated and elected at nonpartisan primaries and elections. The nonpartisan primaries shall be held on the same date as the general primary in the years during which general primaries are held and the nonpartisan elections shall be held on the same date as the general election in the years during which general elections are held. Except for being elected from education districts as provided for in this Act, each member of the board of education shall be nominated and elected at said nonpartisan primaries and elections in the same manner and subject to the same procedures and requirements as judges of state courts are nominated and elected in nonpartisan primaries and elections as provided in the applicable provisions of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, known as the "Georgia Election Code."
S ection 3. (a) The first members of the Board of Education of Fulton County provided for by this Act shall be elected as provided in subsection (b) of Section 2 of this Act in 1984 and shall take office on the first day of January, 1985, for terms as follows: those members elected from Education Districts 1,3,4, and 7 shall serve for terms of four years. Those members serving on February 1,1984, in Education Districts 2, 5, and 6 shall continue to serve for two years. Thereafter, successors shall be elected at the nonpartisan elections provided for in subsection (b) of Section 2 of this Act which are held 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. All members shall serve until their successors are elected and qualified.
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(b) In the event of a vacancy on the board of education for any reason, such vacancy shall be filled as follows:
(1) If the vacancy occurs during the first 20 months of a term of office, the vacancy shall be filled for the unexpired term of office by the election of a successor at a nonpartisan special election in the education district wherein the vacancy occurred. Such special election shall be held on the same date as the nonpartisan election for school board members which is first held immediately following the occurrence of the vacancy. The remaining members of the board shall appoint a qualified resident of the education district wherein the vacancy exists to fill such vacancy until it is filled by election as provided in this paragraph. The special nonpartisan elections provided for in this paragraph and any run-off elections that may be necessary to determine a winner by majority vote of the voters voting within the applicable education district shall be held and conducted in accordance with the applicable provisions of the "Georgia Election Code." A person elected to fill a vacancy as provided in this paragraph shall take office on the first day of January immediately following the election to serve for the remainder of the unexpired term; or
(2) If the vacancy occurs during the last 28 months of a term of office, the remaining members of the board shall appoint a qualified resident of the education district wherein the vacancy occurred to serve for the remainder of the unexpired term.
Section 4. (a) The president of the Board of Education of Fulton County shall be elected from the membership of the board by a majority vote of the members. The president shall be elected at the first regular meeting of the board held during January of each oddnumbered year and shall serve until a successor is elected by the board as herein provided.
(b) The president shall be compensated in the amount of $500.00 per month, and each of the other members shall be compensated in the amount of $400.00 per month.
Section 5. The Fulton County Board of Education created by this Act shall be the successor to all the rights, powers, duties, and obligations of the heretofore existing Fulton County Board of Education and shall be subject to all constitutional and statutory provisions relating to county boards of education, except as otherwise provided
3598 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
in this Act. It is specifically provided that the board of education created by this Act shall have authority to establish school attendance zones or districts within the Fulton County school district and assign students to attend schools in accordance with the zones or districts so established. The board shall provide equal educational opportunity for all students. The heretofore existing Fulton County Board of Education shall stand abolished at the time the members of the board first elected under this Act take office as provided in subsection (a) of Section 3 of this Act.
Section 6. (a) Except as limited by subsection (b) of this section, the Fulton County superintendent of schools shall be appointed by a majority vote of the Fulton County Board of Education created in this Act and shall serve at the pleasure of said board of education. However, the board, at its discretion, may appoint a superintendent of schools for a term of office not exceeding four years. Any person to be eligible to serve as superintendent shall meet all requirements of law and of the State Board of Education for such office.
(b) The Fulton County superintendent of schools holding office on December 31, 1984, shall continue in office until a successor is named by the board. The Fulton County superintendent of schools holding office on December 31,1984, shall be eligible for appointment by the board of education pursuant to subsection (a) of this section. There shall be no election in 1984 or thereafter for the Fulton County superintendent of schools.
Section 7. After the approval of this Act by the Governor or after it otherwise becomes law without the Governor's approval, it shall be the duty of the election superintendent of Fulton County to issue the call for an election for the purpose of submitting this Act to the electors of the Fulton County School District for approval or rejection. The election superintendent shall set the date of such election for the same date as the Presidential Preference Primary held in 1984. The election superintendent shall issue the call for such 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 Fulton County. The ballot shall have written or printed thereon the words:
"( ) YES ( ) NO
Shall the Act providing for school board districts and providing for the election of members of the Board of
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Education of Fulton County and for the appointment of the county school superintendent by 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, it shall become of full force and effect as provided in Section 8 of this Act, but otherwise it shall be void and of no force and effect.
The expense of such election shall be borne by Fulton County. It shall be the duty of the election superintendent to hold and conduct such election. It shall be the superintendent's further duty to certify the result thereof to the Secretary of State.
Section 8. For the purpose of electing members of the Board of Education of Fulton County created by this Act, this Act shall become effective upon the certification of the results of the election provided by Section 7 of this Act. This Act shall be effective for all purposes on January 1,1985.
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 1984 Session of the General Assembly of Georgia legislation to provide for the number of members and for the election of members of the Board of Education of Fulton County; to provide for education districts; to provide the manner of electing members to the board; to provide for the compensation of the members of the board; to provide for filling of vacancies on the board; to provide for the election of the president of the board from the membership thereof and for the term of said president; to provide for the appointment of the Fulton County superintendent of schools by said board of education; and for other purposes.
3600 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
John Tye Ferguson Associate County Attorney
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lorenzo Benn, who, on oath, deposes and says that he is Representative from the 38th 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 date: January 12,1984.
/s/ Lorenzo Benn Representative, 38th District
Sworn to and subscribed before me, this 16th day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved February 10,1984.
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WHEELER COUNTY -- BOARD OF EDUCATION -- ELECTION OF MEMBERS, ETC. -- REFERENDUM.
No. 593 (House Bill No. 1462).
AN ACT
To provide for the composition of the Board of Education of Wheeler County; to provide for the election and terms of office of the members of the board; to provide for filling vacancies on the board; to provide for other matters relative to the foregoing; to provide for a referendum; to provide effective dates; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. The Board of Education of Wheeler County shall be composed of seven members. Six members shall be residents of education districts and shall be elected by a majority of the qualified electors voting within each respective district. One member shall be an at-large member and shall be elected by a majority of the qualified electors voting within the Wheeler County School District.
Section 2. (a) For the purpose of electing the six district members of said board of education, the Wheeler County School District shall be divided into six education districts as follows:
Education District 1 - Begins at the intersection of county highway 178 and county highway 40 and runs southeast on County Highway 40 until it intersects with County Highway 36; then runs in a southeasterly direction on county road 36 and then county road 176 to U. S. Highway 280; then runs west on U. S. Highway 280 to Bear Creek; then runs south on Bear Creek to Georgia Highway 126; then runs northwest on Georgia Highway 126 to its intersection with Pine Street in Alamo; then runs northwest on Pine Street to its intersection with West Railroad Avenue; then runs northeast along West Railroad Avenue to county Highway 178; then runs in a northerly direction along Highway 178 until it intersects with County Highway 40 which is the starting point.
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Education District 2 - Begins at the most westerly corner of the county and runs along the county line in a northeasterly direction until it intersects with County Highway 34; then runs south along County Highway 34 and then County Highway 178 until it intersects the Alamo city limits; then runs around the city limits of Alamo westerly to where it intersects U. S. Highway 280; then runs west on U. S. Highway 280 to Georgia Highway 149; then follows Georgia Highway 149 south to the county line at the Little Ocmulgee River; then runs northwest along the county line to the most westerly point of the county which is the starting point.
Education District 3 - Begins at the intersection of the northern city limits of the City of Alamo, and County Highway 178 and runs in a southeasterly direction on County Highway 178 until it intersects with West Railroad Avenue; then runs southwest along West Railroad Avenue until it intersects with Pine Street; then runs along Pine Street in a southeasterly direction until it intersects Georgia Highway 126; then runs along Georgia Highway 126 until it intersects Bear Creek; then runs south along Bear Creek until it intersects Alligator Creek; then runs south along Alligator Creek to Georgia Highway 134; then runs in a westerly direction along Georgia Highway 134 until it intersects with the Little Ocmulgee River which is the county line; then runs northwest along the county line to Georgia Highway 149; then runs north along Georgia Highway 149 until it intersects U. S. Highway 280; then runs east on U. S. Highway 280 to the southern city limits of Alamo; then runs northwest around the city limits of Alamo until it intersects with County Highway 178 which is the starting point.
Education District 4 - Begins at the intersection of county highway 34 and the northwest county line of Wheeler County; then runs northeast along the county line until it intersects with Oconee River which is the county line; then follows the Oconee River in a southerly direction until it intersects with U. S. Highway 280; then runs west along U. S. Highway 280 until it intersects the Glenwood city limits; then runs north and then south around the Glenwood city limits until it intersects U. S. Highway 280; then runs west along U. S. Highway 280 until it intersects County Highway 176; then runs northwest along County Highway 176 and then county highway 36 until it intersects with County Highway 40; then runs northwest along county highway 40 until it intersects County Highway 178; then follows county highway 178 and then county highway 34 north to the northwest county line of Wheeler which is the starting point.
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Education District 5 - Includes all the area within the city limits of Glenwood.
Education District 6 - Begins at the intersection of U. S. Highway 280 and the Oconee River which is the county line; and then runs south along the Oconee River until it intersects the Ocmulgee River which is the county line; then runs west along the Ocmulgee River until it intersects Little Ocmulgee River, which is the county line; then runs northwest along the Little Ocmulgee River until it intersects with Georgia Highway 134; then runs east along Georgia Highway 134 until it intersects Alligator Creek; then runs north along Alligator Creek until it intersects with Bear Creek; then runs north along Bear Creek until it intersects with U. S. Highway 280; then runs east along U. S. Highway 280 until it intersects the Glenwood city limits; then runs south and then north around the Glenwood city limits until it intersects U. S. Highway 280; then runs east along U. S. Highway 280 to the Oconee River which is the starting point.
(b) Any portion of the Wheeler County School District which is not included in an education district provided for by subsection (a) of this section shall be included within that education district contiguous to such portion which has the least population according to the United States decennial census of 1980 or any future such census.
(c) In order to be eligible for membership on the board, a person must be at least 21 years of age as of the date of taking office, a qualified elector of Wheeler County, and must have been a resident of Wheeler County for two continuous years immediately preceding the date of taking office. In addition thereto, each district member elected from an education district specified in subsection (a) of this section must have been a resident of the respective education district for at least one year prior to the date of taking office and must remain a resident of the respective district during the term of office. Any person offering as a candidate for election to the board to represent a district shall specify the education district for which the person is offering. A candidate for the at-large position on the board shall offer for the at-large position. All members shall be nominated and elected in accordance with the provisions of Chapter 2 of Title 21 of the O.C.G.A., known as the "Georgia Election Code."
Section 3. (a) The members of the Board of Education of Wheeler County provided for by this Act shall be elected as provided in subsections (b), (c), and (d) of this section. The terms of office of
3604 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
all such members shall be six years beginning on the first day of January immediately following their election, and all members shall serve until their successors are elected and qualified.
(b) The first members from education districts 2 and 6 and the first at-large member shall be elected at the general election of 1984. Thereafter, successors shall be elected at the general election immediately preceding the expiration of the terms of office. The member elected from education district 2 at the 1984 general election shall be the successor to the incumbent member of the Board of Education of Wheeler County who was elected to represent Militia District 1450, pursuant to the constitutional amendment ratified in 1956 and set forth in Georgia Laws 1955, pages 711-714, hereinafter referred to as "the amendment," whose regular term of office is scheduled to expire on December 31, 1985, and the term of office of such incumbent member is shortened to expire on December 31,1984. The member elected from education district 6 at the 1984 general election shall be the successor to the incumbent member of the Board of Education of Wheeler County who was elected to represent Militia District 394, pursuant to the amendment, whose term of office is scheduled to expire on December 31, 1984. The at-large member elected at the 1984 general election shall be a new, additional member of the Board of Education of Wheeler County. For that period beginning on January 1, 1985, and ending on December 31, 1986, the Board of Education of Wheeler County shall be composed of the three members elected at the 1984 general election pursuant to this subsection and those four incumbent members of the Board of Education of Wheeler County who were elected pursuant to the amendment.
(c) The first members from education districts 1 and 5 shall be elected at the general election of 1986. Thereafter, successors shall be elected at the general election immediately preceding the expiration of the terms of office. The member elected from education district 1 at the 1986 general election shall be the successor to the incumbent member of the Board of Education of Wheeler County who was elected to represent Militia District 393, pursuant to the amendment, whose regular term of office is scheduled to expire on December 31, 1987, and the term of office of such incumbent member is shortened to expire on December 31,1986. The member elected from education district 5 at the 1986 general election shall be the successor to the incumbent member of the Board of Education of Wheeler County who was elected to represent Militia District 1531, pursuant to the amendment, whose regular term of office is scheduled to expire on
GEORGIA LAWS 1984 SESSION
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December 31, 1986. For that period beginning on January 1, 1987, and ending on December 31,1988, the Board of Education of Wheeler County shall be composed of the three members elected at the 1984 general election pursuant to subsection (b) of this section, the two members elected at the 1986 general election pursuant to this subsection, and those two remaining incumbent members of the Board of Education of Wheeler County who were elected pursuant to the amendment.
(d) The first members elected from education districts 3 and 4 shall be elected at the general election of 1988. Thereafter, successors shall be elected at the general election immediately preceding the expiration of the terms of office. The member elected from education district 3 at the 1988 general election shall be the successor to the incumbent member of the Board of Education of Wheeler County who was elected to represent Militia District 1600, pursuant to the amendment, whose regular term of office is scheduled to expire on December 31,1988. The first member elected from education district 4 at the 1988 general election shall be the successor to the incumbent member of the Board of Education of Wheeler County who was elected to represent Militia District 1417, pursuant to the amendment, whose regular term of office is scheduled to expire on December 31, 1989, and the term of office of such incumbent member is shortened to expire on December 31,1988. On January 1,1989, and thereafter, the composition of the Board of Education of Wheeler County and the election of the members thereof shall be as provided in this Act.
Section 4. (a) In the event of a vacancy on the Board of Education of Wheeler County because of death, resignation, removal of residency from the school district or from an education district, or for any other cause, such vacancy shall be filled for the unexpired term at a special election which shall be held on the same date as the general election which is first held following the date of the vacancy. If the vacancy is in the office of a district member of the board of education, such special election shall be held only in the district wherein the vacancy exists, and, if the vacancy is in the office of the at-large member, such special election shall be held within the entire school district. Any person elected to fill a vacancy shall possess the same qualifications required of members elected for full terms of office. Such special elections shall be called 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."
3606 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(b) Until a vacancy is filled by special election pursuant to subsection (a) of this section, the remaining members of the Board of Education of Wheeler County shall appoint a qualified person to fill such vacancy. Such appointment shall be made within 30 days after the date of the vacancy.
Section 5. After the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the election superintendent of Wheeler County to issue the call for an election for the purpose of submitting this Act to the electors of the Wheeler County School District for approval or rejection. The superintendent shall set the date of such election for the same date as the presidential preference primary held in 1984. The superintendent shall issue the call for such election at least 30 days prior to the date thereof. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Wheeler County. The ballot shall have written or printed thereon the words:
"( ) YES ( ) NO
Shall the Act providing that the Board of Education of Wheeler County shall be composed of seven members, six of whom shall reside in and be elected from districts and one of whom shall be an at-large member and providing that all such members shall be elected for terms of six years be approved?"
All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect as provided in Section 6 of this Act, but otherwise it shall be void and of no force and effect.
The expense of such election shall be borne by Wheeler County. It shall be the duty of the superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State.
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Section 6. If this Act is approved at the referendum provided for in Section 5 of this Act:
(1) Those provisions of this Act relating to and necessary for the election of the three members of the Board of Education of Wheeler County provided for by subsection (b) of Section 3 of this Act at the 1984 general election shall be effective upon the certification of the results of the referendum; and
(2) This Act shall be effective for all purposes on January 1, 1985.
Section 7. All laws and parts of laws in conflict with this Act are repealed.
Legal Notice.
Notice is hereby given that there will be introduced into the 1984 regular session of the General Assembly of the State of Georgia a Resolution calling for an amendment to the Constitution of the State of Georgia so as to provide for the manner of election of members of the Wheeler County School Board, the number of members who shall serve upon said board, and a means for ratification of same and for other purposes.
Stanley Smith Attorney for Wheeler County
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, L. L. (Pete) 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 Legislation was published in the Wheeler County Eagle which is the official organ of Wheeler County, on the following date: 12-18-83.
3608 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
/s/ L. L. (Pete) Phillips Representative, 120th District
Sworn to and subscribed before me, this 1st day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved February 13,1984.
HARRIS COUNTY -- BOARD OF EDUCATION -- EDUCATION DISTRICTS, TERMS, QUALIFICATIONS
OF MEMBERS, ETC. -- REFERENDUM.(Act No. 575 Amended).
No. 594 (House Bill No. 1511).
AN ACT
To amend an Act entitled "A Bill to be Entitled an Act to provide for the Board of Education of Harris County; to provide for the election of certain members of the board; to provide for election districts; to provide for the appointment of certain members of the board; to provide for the terms, qualifications, and selection of the members; to provide for the filling of vacancies; to provide that the board shall appoint the school superintendent; to provide for the compensation of the school superintendent; to provide definitions; to provide for other matters relative to the foregoing; to provide for a referendum; to repeal conflicting laws; and for other purposes.", approved January 31, 1984 (HB 844, Act Number 575), so as to
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provide for the Board of Education of Harris County; to provide for the selection of members of the board; to provide for education districts; to provide for the election and appointment of members of the board; to provide for the terms, qualifications, and selection of the members; to provide for the filling of vacancies; to provide that the board shall appoint the school superintendent; to provide for the compensation of the school superintendent; to provide definitions; to change certain provisions relative to the referendum; 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 entitled "A Bill to be Entitled an Act to provide for the Board of Education of Harris County; to provide for the election of certain members of the board; to provide for election districts; to provide for the appointment of certain members of the board; to provide for the terms, qualifications, and selection of the members; to provide for the filling of vacancies; to provide that the board shall appoint the school superintendent; to provide for the compensation of the school superintendent; to provide definitions; to provide for other matters relative to the foregoing; to provide for a referendum; to repeal conflicting laws; and for other purposes.", approved January 31,1984 (HB 844, Act Number 575), is amended by striking Section 1 through Section 8 of said Act in their entirety and inserting in lieu thereof a new Section 1 through Section 8 to read as follows:
"Section 1. (a) The Board of Education of the Harris County School District shall consist of seven members, and the Harris County School District shall be composed of seven education districts as described in subsection (b) of this section.
(b) (1) For the purpose of electing five members of the board of education, the Harris County School District shall be divided into five education districts described as follows:
Education District No. 1
Harris
3610 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Tract 9901 That part of Block 129 outside the City of Shiloh which lies south of the top of Oak Mountain, east of the Southern Railroad, and west of Georgia Highway 85 Block 130 Blocks 143 and 147 through 150 Blocks 201 through 203 That part of Block 204 within the City of Waverly Hall Blocks 206 through 219 Block Group 5
Tract 9902 That part of Block 201 south of Mountain Creek and Mountain Creek Lake Blocks 240 through 247
Tract 9903 That part of Block 102 outside the city limits of Hamilton as established in an Act approved March 10,1964 (Ga. L. 1964, p. 2601 Blocks 103 and 104 That part of Block 105 outside the City of Hamilton Blocks 114 through 119 Those parts of Blocks 120 and 121 outside the City of Hamilton Blocks 122, 126 through 133, and 150 Blocks 201 through 205, 207 through 209, and 230 Those parts of Blocks 428 and 430 outside the City of Hamilton Block 431
Education District No. 2
Harris Tract 9902 Blocks 101 through 126, 131 through 148, and 155 That part of Block 156 inside and outside the City of Hamilton
GEORGIA LAWS 1984 SESSION
That part of Block 201 north of Mountain Creek and Mountain Creek Lake
Blocks 202 through 214 and 229 through 239
Block Group 3 Tract 9903
Blocks 106 through 108
Education District No. 3
Harris Tract 9902 Blocks 127 through 130 and 149 through 151 Those parts of Blocks 153 and 154 outside the City of West Point Blocks 215 through 228 and 248 through 252 Tract 9903 Blocks 109 through 113,134 through 149, and 151 Blocks 212 through 228 and 244 through 250 Blocks 301 through 304
Education District No. 4
Harris Tract 9901 Blocks 101 through 104 and 106 through 238 That part of Block 129 inside the City of Shiloh That part of Block 129 outside the City of Shiloh which lies north of the top of Oak Mountain, east of Southern Railroad, and west of Georgia Highway 85 Blocks 131 through 142 and 144 through 146 That part of Block 204 outside the City of Waverly Hall Blocks 205 and 220 through 222 Block Groups 3 and 4 Tract 9903
3611
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Block 101 That part of Block 102 inside
the city limits of Hamilton as established in an Act approved March 10,1964 (Ga. L. 1964, p. 2601) Those parts of Blocks 105,120, and 121 inside the City of Hamilton Blocks 123 through 125 Blocks 401 through 427 Those parts of Blocks 428 and 430 inside the City of Hamilton Blocks 432 through 435
Education District No. 5
Harris Tract 9903 Blocks 206, 210, 213, 229, and 231 through 243 Blocks 305 through 320
Education District No. 6
All that portion of Harris County lying outside the independent school district of the City of West Point
Education District No. 7
All that portion of Harris County lying outside the independent school district of the City of West Point
Section 2. Five members of the board of education shall be elected as provided in Section 3 of this Act. Two members of the board of education shall be appointed by the Harris County grand jury as provided in Section 4 of this Act.
Section 3. (a) After this Act has been approved in accordance with Section 5 of the Voting Rights Act of 1965, as amended, the election superintendent shall issue a call for a special election for the purpose of electing the five initial members of the board of education provided for in this Act. The superintendent shall set the date of such special election for a day not less than 30 days after the issuance of the
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call. Such special election shall be held in accordance with Chapter 2 of Title 21 of the O.C.G.A., known as the `Georgia Election Code.'
(b) Members elected at the special election provided for in subsection (a) of this section shall be elected to represent Education Districts 1 through 5. The members elected at such special election from Education Districts 1, 3, and 5 shall take office on the first Monday following the date such election is certified and shall serve until the first Monday in January, 1989, and until their successors are elected and qualified. The members elected at such special election from Education Districts 2 and 4 shall take office on the first Monday following the date such election is certified and shall serve until the first Monday in January, 1987, and until their successors are elected and qualified. Successors to the members elected in the special election provided for in subsection (a) and their successors shall be elected from the district of the same number at the general election immediately preceding the expiration of the terms of such members. Members elected at such general election shall take office on the first day of January immediately following their election and shall serve for terms of office of four years and until their successors are elected and qualified.
(c) Members elected under this section shall be elected by a majority of the qualified electors voting within the member's respective Education District at the elections provided for in subsection (b) of this section. All elections shall be held in accordance with Chapter 2 of Title 21 of the O.C.G.A., known as the `Georgia Election Code.'
(d) The terms of office of the appointed members of the board of education who are in office on the effective date of this Act and who are not expressly provided for in subsection (a) of Section 4 of this Act shall expire on the Monday following the date the special election provided for in subsection (a) of this section is certified.
Section 4. (a) Mr. Robert T. Daniels and Ms. Mary Eunice Jones shall continue to serve on the board of education until the expiration of the term of office to which they were appointed and until their successors are appointed and qualified. Mr. Daniels shall be deemed to represent District 6, and Ms. Jones shall be deemed to represent District 7.
(b) Successors to such members and their successors shall be appointed from Education Districts 6 and 7 and shall be appointed by the Harris County grand jury. Successors shall be appointed for terms of office of four years and until their successors are appointed
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and qualified. No education district described in paragraph (1) of subsection (b) of Section 1 of this Act shall have residing therein more than two members of the Board of Education of the Harris County School District.
(c) In making appointments as provided in subsection (b) of this section, the grand jury shall consider the requirements of the Constitution and the Voting Rights Act of 1965, as amended, as such pertain to participation in the political process by minorities, as defined therein, and shall ensure that minority residents of Harris County are represented on the board of education.
Section 5. (a) Each member of the board of education shall, at the time of election or appointment, be at least 21 years of age, shall be a registered elector entitled to vote for members of the General Assembly, shall have resided in Harris County for the most recent two years preceding such election or appointment, and shall have resided in the Education District which he seeks to represent for the most recent one year preceding such election or appointment. Each candidate for an elected position shall designate the district for which he is offering.
(b) The board created by this Act shall be the successor to the board of education existing on the effective date of this Act and shall be a continuation of such board and may exercise all powers vested in county boards of education by the laws of the Constitution of this state.
Section 6. (a) In the event a vacancy occurs on the board of education for any reason other than the expiration of the term of office, the Harris County grand jury shall fill all such vacancies for the unexpired term and, when filled by the grand jury, the provisions relative to being a resident of the education district shall be complied with. In the event a member moves his residence from the education district he represents, a vacancy shall exist from such district and shall be filled in the same manner as other vacancies are filled.
(b) At its first meeting each year, the members of the board shall elect, by a majority vote, one of their number to serve as chairman for that year and until the election of a chairman in the subsequent year. A member shall be eligible to succeed himself as a member of the board and also as chairman of the board.
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Section 7. The term of office of the superintendent of schools for the Harris County School District in office on the effective date of this Act shall expire on December 31, 1984. The board of education comprised of the five elected members provided for in Section 3 of this Act and the two appointed members provided for in Section 4 of this Act shall appoint the school superintendent of the Harris County School District. The superintendent shall serve under a contract of employment for a fixed term which fixed term may be less than but shall not exceed three years. The superintendent shall be compensated as provided by law, and the board of education may provide for such supplemental compensation as it deems necessary from funds available to the board.
Section 8. As used in this Act, the term:
(1) `Approved in accordance with Section 5 of the Voting Rights Act of 1965' means:
(A) Notification by the Attorney General of the United States that he does not intend to object to the plan;
(B) Expiration of the time period during which the Attorney General of the United States may object to the plan, without such objection having been made;
(C) Withdrawal by the Attorney General of the United States of all objections to the voting plan;
(D) Expiration of the time period during which an appeal may be had of a declaratory judgment, of the United States District Court for the District of Columbia, which approved the voting plan, if no such appeal has been filed; or
(E) United States Supreme Court affirmance of or refusal to review a declaratory judgment, of the United States District Court for the District of Columbia, which approved the voting plan.
(2) `Tract,' `Block Group,' and `Block' shall have the same meaning and describe the same geographical boundaries as provided in the Bureau of the Census report for the United States decennial census of 1980 for the State of Georgia. Any portion of Harris County not included in Education Districts 1 through 5,
3616 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
described above, shall be included within that Education District contiguous to such portion which contains the least population according to the United States decennial census of 1980."
Section 2. Said Act is further amended by striking Section 9 of said Act in its entirety and inserting in lieu thereof a new Section 9 to read as follows:
"Section 9. After the approval of this Act by the Governor or after it otherwise becomes law, the election superintendent of Harris County shall within 15 days issue the call for an election for the purpose of submitting this Act to the electors of the Harris County School District for approval or rejection. The superintendent shall set the date of such election for a day not less than 30 days 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 Harris County. The ballot shall have written or printed thereon the words:
`( ) YES ( ) NO
Shall the Act providing for the election of five members and the appointment of two members of the Board of Education of the Harris County School District and providing for the appointment of the school superintendent of the Harris County School District and providing for other matters relative thereto be approved?'
All persons desiring to vote for approval of the Act shall vote `Yes,' and those persons desiring to vote for rejection of the Act shall vote `No.' If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect; otherwise it shall be void and of no force and effect.
The expense of such election shall be borne by Harris County. It shall be the duty of the superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State."
GEORGIA LAWS 1984 SESSION
3617
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 in the regular 1984 session of the General Assembly of Georgia a Bill Relative to the selection of the Board of Education of Harris County and the Superintendent of Schools in Harris County and providing for other matters relating thereto; and for other purposes.
This the 27th day of January, 1984.
Harris County Commissioners
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. Randolph Phillips, who, on oath, deposes and says that he is Representative from the 93rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Harris County Journal which is the official organ of Harris County, on the following date: February 2, 1984.
/s/ W. Randolph Phillips Representative, 93rd District
3618 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 6th day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved February 21,1984.
NOTLA WATER AUTHORITY ACT AMENDED. No. 595 (House Bill No. 1194). AN ACT
To amend an Act creating the Notla Water Authority, approved April 3, 1972 (Ga. L. 1972, p. 3385), so as to define the geographic boundaries of the service area of the authority; to provide the method by which members of the authority are elected; to provide the interest rate and debt limitations for revenue bond issues of the authority; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Notla Water Authority, approved April 3,1972 (Ga. L. 1972, p. 3385), 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 area served by the Notla Water Authority shall be within the geographical boundaries of Union County and shall be bounded by or contiguous to the following area:
GEORGIA LAWS 1984 SESSION
3619
Beginning at the point where Butternut Creek joins the Nottely River; then North down the Nottely River to the point where the Nottely River is joined by Kiutuestia Creek; then Westerly up Kiutuestia Creek to the first branch which joins the North side of Kiutuestia Creek; then up said branch Northerly, crossing Union County Road No. 30 at a point East of the road junction of Union County Roads No. 29 & 30, to its head; then from the head of said branch to the top of Rich Knob; then Westerly from the top of Rich Knob crossing the tops of Quarry Top Mountain and Hanson Knob, to the top of Queen's Mountain; then Northwesterly from the top of Queen's Mountain to the head of Kelley Branch; then Northwesterly down Kelley Branch to the point where Kelley Branch joins Young Cane Creek; then Westerly up Young Cane Creek to where Odom Creek joins Young Cane Creek; then Northwesterly up Odom Creek to its head, near Black Jack Mountain, said head being West of Union County Road No. 128; then from the head of Odom Creek to the top of Black Jack Mountain; then Southwesterly from the top of Black Jack Mountain to the top of Sharp Top Mountain at the Union County & Fannin County line; then Northerly with the Union County & Fannin County line to the State of Georgia & State of North Carolina line; then East with the State of Georgia & State of North Carolina line to the Union County & Towns County line; then Southerly with the Union County & Towns County line to a point adjacent to Hullander Knobs; then Westerly across the tops of Hullander Knobs, Juber Knob, and Stevens Ridge to the West end of Stevens Ridge; then Southerly from the West end of Stevens Ridge to the head of the Eastmost prong of Little Creek; then Southerly down Little Creek to where Little Creek joins Butternut Creek; then Westerly down Butternut Creek to its junction with the Nottely River and the point of beginning."
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) There is hereby created a body corporate and politic, to be known as the Notla Water Authority, which shall be deemed to be a political subdivision of the State of Georgia and a public corporation and by that name, style, and title said body may
3620 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
contract and be contracted with, bring and defend actions, and plead and be impleaded, 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, who currently serve as members of the authority, are designated and appointed as members of the Notla Water Authority as follows:
(1) Post No. 1. William H. Akins, who shall hold an initial term of office expiring on the third Saturday of March of 1985;
(2) Post No. 2. Ricky Davenport, who shall hold an initial term of office expiring on the third Saturday of March of 1986;
(3) Post No. 3. Hazel McClure, who shall hold an initial term of office expiring on the third Saturday of March of 1987;
(4) Post No. 4. Larry Hughes, who shall hold an initial term of office expiring on the third Saturday of March of 1988;
(5) Post No. 5. Charles Partin, who shall hold an initial term of office expiring on the third Saturday of March of 1989.
The 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 February and in the month of February of each year thereafter, a meeting of those persons, both natural and artificial entities recognized by law (such as partnerships, corporations, joint ventures and other organizations), who use the facilities of the authority, shall be called by the authority for the purpose of electing a successor to any member whose office is vacant or whose term expires 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 the third Saturday of March of each year, immediately following his election and shall serve for a term of office of five years or until his successor is duly elected and qualified. Members of the authority shall serve without compensation but shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties.
GEORGIA LAWS 1984 SESSION
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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, including the power to fix the number of users necessary to constitute a quorum at user meetings.
(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, Georgia, for at least one year prior to the date of such person's election, shall not have been convicted of a felony, and at the time of election and thereafter, shall be a user of the facilities of the authority.
(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 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, or a majority of members if vacancies exist, 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 the duties of the authority. The chairman of the authority shall be counted in determining if a quorum of the members is present.
(f) In the event of a vacancy by reason of death, disqualification, resignation, or other reason, the remaining members of the authority shall elect, by majority vote, a qualified person to fill the 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 or state into which the service area of the authority has been extended, or who ceases to be a user of the facilities of the authority. 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 or whose office is vacant, the remaining members of the authority shall elect, by majority vote, a
3622 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
duly qualified person as a member of the authority to serve until the next annual meeting of the users.
(g) 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. Said Act is further amended by striking Section 6 in its entirety and inserting in lieu thereof a new Section 6 to read as follows:
"Section 6. 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 such sum as the authority may authorize, in conformity with the bonding laws of the State of Georgia, 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 funds herein provided for such payment. The bonds of each issue shall be dated, and shall bear interest at such rate or rates as may be authorized by the authority in conformity with the bonding laws of the State of Georgia, payable as fixed therein, shall mature at such time or times not exceeding 40 years from their date or dates, or at such times exceeding 40 years as may hereafter be authorized by the bonding laws of the State of Georgia, shall be payable in such medium of payment as to both principal and interest as may be determined by the authority, and may be redeemable before maturity, at the option of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority and the resolution providing for the issuance of the bonds. The interest rate or rates to be borne by any bonds and the time of payment of such interest shall be fixed, and with respect to any interest rate which floats in response to a variable, the method of calculation shall be fixed by the authority in the resolution providing for the issuance of the bond. Any bonds issued by the authority shall be exempt from all laws of the State of Georgia governing usury prescribing or limiting interest rates to be borne by bonds or other obligations."
GEORGIA LAWS 1984 SESSION
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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 1984 Session of the General Assembly of Georgia a bill amending the Act creating the Notla Water Authority (Ga. Laws 1972, pp. 3385 et seq.); to repeal conflicting laws; and for other purposes.
This 23rd day of December, 1983.
William H. Akins Chairman, Notla Water Authority
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 date: December 29, 1983.
/s/ Carlton H. Colwell Representative, 4th District
3624 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 18th day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal)
Approved February 21,1984.
town of McIntyre -- corporate limits EXTENDED.
No. 596 (Senate Bill No. 476). AN ACT
To amend an Act incorporating the Town of McIntyre, Georgia, approved March 30,1971 (Ga. L. 1971, p. 2370), as amended, so as to extend the corporate limits of the Town of McIntyre; 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 McIntyre, Georgia, approved March 30, 1971 (Ga. L. 1971, p. 2370), as amended, is amended by striking Section 1-4 in its entirety and inserting in lieu thereof a new Section 1-4 to read as follows: "Section 1-4. Corporate Limits Defined, (a) The corporate limits of the Town shall extend as follows: three-fourths (3/4) of a mile in all directions from the Town Hall located in said Town. (b) In addition to the corporate limits stated in subsection (a) of this section, the corporate limits of the Town of McIntyre shall be
GEORGIA LAWS 1984 SESSION
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enlarged and extended to include the additional and contiguous territory described as follows:
Beginning at a point at the intersection of the western city limits of the Town of McIntyre and the Northern right of way of Vinson Road. Thence running in a Westerly direction along the northern right of way of Vinson Road and following the curvature thereof for a distance of 4,005 feet, more or less, to a point referred to herein as Point A. Thence running along a line in a Southwesterly direction, said line being perpendicular to the right of way of Vinson Road, a distance of 80 feet to a point referred to herein as Point B, said point being the intersection of the Southern right of way of Dedrick Road and the Southern right of way of Vinson Road. Thence running along the Southern right of way of Dedrick Road and following the curvature thereof, for a distance of 3,425 feet, more or less, to a point. Thence running along a line in a Southerly direction, said line being perpendicular to the right of way of Dedrick Road, for a distance of 280 feet to a point. Thence running along a line in a Westerly direction, said line being parallel to the right of way of Dedrick Road for a distance of 325 feet to a point. Thence running in a Northerly direction along a line, said line being perpendicular to the right of way of Dedrick Road for a distance of 282.0 feet to a point, said point being 2.0 feet inside the southern right of way of Dedrick Road. Thence running in an Easterly direction along a line, said line running parallel and following the curvature of Dedrick Road a distance of 3,750 feet, more or less, to a point, said point being 2.0 feet Northwest from Point B as measured parallel to the right of way of Vinson Road. Thence running in a Northeasterly direction along a line, said line being perpendicular to the right of way of Vinson Road, for a distance of 80 feet to a point on the Northern right of way of Vinson Road, said point being 2.0 feet Northwesterly as measured parallel to the right of way of Vinson Road from Point A. Thence running along said right of way of Vinson Road in a Northwesterly direction, and following the curvature thereof, for a distance of 870 feet, more or less, to a point beyond the Nathaniel Cummings Cemetery. Thence running in a Northeasterly direction along a line, said line being perpendicular to the right of way of Vinson Road, a distance of 417.5 feet to a point. Thence running in an Easterly direction along a line, said line running parallel to and following the curvature of the right of way of Vinson Road a distance of 4,530 feet, more or less, to a point that intersects the Westerly edge of the city limits of the Town of
3626 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
McIntyre, said point being 417.5 feet from the Northern right of way of Vinson Road, as measured perpendicular to said right of way. Thence running in a Southerly direction along the Western edge of the city limits of the Town of McIntyre, a distance of 417.5 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 given that there will be introduced at the regular session of the General Assembly of Georgia a bill to amend an Act incorporating the Town of McIntyre, Georgia, approved March 30,1971 (Ga. L. 1972, p. 2370), as amended; and for other purposes.
This 28th day of Dec., 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 Wilkinson County News which is the official organ of Wilkinson County, on the following date: December 28, 1983.
/s/ Culver Kidd Senator, 25th District
GEORGIA LAWS 1984 SESSION
Sworn to and subscribed before me, this 23rd day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved February 23, 1984.
3627
JEFFERSON COUNTY -- BOARD OF COMMISSIONERS, POWERS, DUTIES, QUALIFICATIONS OF MEMBERS, BOARD
PROCEDURES, ETC.
No. 597 (House Bill No. 1388).
AN ACT
To provide for a board of commissioners of Jefferson County which shall consist of a chairman and four other members and shall be the governing authority of Jefferson County; to provide for the powers, duties, qualifications, bonds, elections, and procedures of said board and its members; to repeal certain specific Acts relating to the previous board of commissioners of Jefferson 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. There shall be a board of commissioners of Jefferson County which shall be the governing authority of Jefferson County and which shall have in addition to such other powers as may be granted by other laws the powers of a judge of the probate court when sitting for county purposes as provided by Code Section 36-5-1 of the O.C.G.A.
3628 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2. The board of commissioners shall consist of a chairman and four other members.
Section 3. The chairman may reside anywhere within Jefferson County and shall be elected by all the voters of Jefferson County. Each other member of the board must be a resident of the commissioner district from which he is elected and shall be elected only by the voters who reside within that district. For purposes of electing the members of the board Jefferson County is divided into four commissioner districts described by their boundaries as follows:
COMMISSIONER DISTRICT NO. 1
BEGINNING at the point where Georgia Highway No. 24 intersects with the line between Jefferson County and Washington County; thence running easterly along said Georgia Highway No. 24 to its intersection with County Road No. 218; thence running southeasterly along said County Road No. 218 to its intersection with County Road No. 229; thence running southeasterly along said County Road No. 229 to its intersection with Georgia Highway No. 171 (U.S. Highway No. 221); thence running southerly along said Georgia Highway No. 171 (U.S. Highway No. 221) to its intersection with County Road No. 230; thence running southeasterly, and then easterly, along said County Road No. 230 to its intersection with County Road No. 231, thence running southerly along said County Road No. 231 to its intersection with County Road No. 240; thence running northeasterly along said County Road No. 240 to its intersection with County Road No. 241; thence running easterly along said County Road No. 241 to its intersection with County Road No. 327 (Old U. S. Highway No. 1); thence running southerly along said County Road No. 327 (Old U. S. Highway No. 1) to its intersection with County Road No. 333; thence running easterly along said County Road No. 333 to its intersection with County Road No. 247; thence running northeasterly along said County Road No. 247 to its intersection with County Road No. 274; thence running southerly along said County Road No. 274 to its intersection with Georgia Highway No. 78 (U.S. Highway No. 319); thence running easterly along said Georgia Highway No. 78 (U.S. Highway No. 319) to its intersection with the Ogeechee River; thence running southerly along said Ogeechee River to the line between Jefferson County and Emanuel County; thence running westerly and then southerly along the line between Jefferson County and Emanuel County; then northwesterly along the line between Jefferson County and Johnson County, and then northerly
GEORGIA LAWS 1984 SESSION
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along the line between Jefferson County and Washington County to the point of BEGINNING.
COMMISSIONER DISTRICT NO. 2
BEGINNING at the point where the Ogeechee River intersects with the line between Jefferson County and Burke County, thence running northerly along said Ogeechee River to its intersection with Georgia Highway No. 78 (U.S. Highway No. 319); thence running westerly along said Georgia Highway No. 78 (U.S. Highway No. 319) to its intersection with County Road No. 274; thence running northerly along said County Road No. 274 to its intersection with Georgia Highway No. 4 (U.S. Highway No. 1); thence running northerly along said Georgia Highway No. 4 (U.S. Highway No. 1) to its intersection with the south city limit line of the City of Louisville; thence running westerly and then northerly and then easterly along the city limit line of the City of Louisville to its intersection with Hill Street in said City; thence running southerly along said Hill Street to its intersection with Beech Street; thence running easterly along said Beech Street to its intersection with 8th Street; thence running southeasterly along said 8th Street to its intersection with Mulberry Street; thence running northeasterly along said Mulberry Street to its intersection with 9th Street; thence running southeasterly along said 9th Street (Georgia Highway No. 17) to its intersection with Georgia Highway No. 4 (U.S. Highway No. 1 Bypass); thence running northerly along said Georgia Highway No. 4 (U.S. Highway No. 1 Bypass) to its intersection with County Road No. 332 (Middleground Road); thence running northerly along said County Road No. 332 (Middleground Road) to its intersection with the south city limits line of the City of Wrens; thence running southwesterly along said south city limits line of the City of Wrens to its intersection with Georgia Highway No. 4 (U.S. Highway No. 1); thence running northwesterly along said Georgia Highway No. 4 (U.S. Highway No. 1) to its intersection with Howard Street in said city; thence running easterly along said Howard Street to its intersection with Young Street; thence running northerly along said Young Street to its intersection with Broad Street (Georgia Highway No. 88); thence running easterly along said Georgia Highway No. 88 to its intersection with the line between Jefferson County and Burke County; and thence running southerly along the line between Jefferson County and Burke County to the point of BEGINNING.
3630 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
COMMISSIONER DISTRICT NO. 3
BEGINNING at the point where Georgia Highway No. 88 intersects with the line between Jefferson County and Burke County; thence running westerly along said Georgia Highway No. 88 into the City of Wrens, where it also becomes Broad Street, to its intersection with Young Street in said City; thence running southerly along said Young Street to its intersection with Howard Street; thence running westerly along said Howard Street to its intersection with Georgia Highway No. 4 (U.S. Highway No. 1); thence running southwesterly along said Georgia Highway No. 4 (U.S. Highway No. 1) to its intersection with the south city limits line of the City of Wrens; thence running northwesterly along said south city limits line of the City of Wrens to its intersection with Georgia Highway No. 88; thence running southwesterly along said Georgia Highway No. 88 to its intersection with Rocky Comfort Creek; thence running northerly along said Rocky Comfort Creek to its intersection with the line between Jefferson County and Glascock County; and thence running northerly, then northeasterly, and then southeasterly along the line between Jefferson County, on the one hand, and Glascock, Warren, McDuffie, Richmond, and Burke Counties, on the other hand, to the point of BEGINNING.
COMMISSIONER DISTRICT NO. 4
BEGINNING at the point where Rocky Comfort Creek intersects with the line between Jefferson County and Glascock County; thence running southerly along said Rocky Comfort Creek to its intersection with Georgia Highway No. 88; thence running northeasterly along said Georgia Highway No. 88 to its intersection with the south city limits line of the City of Wrens; thence running northeasterly along said south city limits line of the City of Wrens to its intersection with County Road No. 332; thence running southerly along said County Road No. 332 to its intersection with Georgia Highway No. 4 (U.S. Highway No. 1 Bypass) in the City of Louisville; thence running southerly along said Georgia Highway No. 4 (U.S. Highway No. 1 Bypass) to its intersection with Georgia Highway No. 17; thence running northwesterly along said Georgia Highway No. 17 to its intersection with Mulberry Street; thence running southwesterly along said Mulberry Street to its intersection with 8th Street; thence running northwesterly along said 8th Street to its intersection with Beech Street; thence running southwesterly along said Beech Street to its intersection with Hill Street; thence running northerly along
GEORGIA LAWS 1984 SESSION
3631
said Hill Street to its intersection with the north city limits line of the City of Louisville; thence running westerly, then southerly (along Rocky Comfort Creek) and then southeasterly, along the city limits line of the City of Louisville to its intersection with Georgia Highway No. 4 (U.S. Highway No. 1); thence running southerly along said Georgia Highway No. 4 (U.S. Highway 1) to its intersection with County Road No. 274; thence running southeasterly along said County Road No. 274 to its intersection with County Road No. 247; thence running southwesterly along said County Road No. 247 to its intersection with County Road No. 333; thence running westerly along said County Road No. 333 to its intersection with County Road No. 327 (Old U.S. Highway No. 1); thence running northerly along said County Road No. 327 (Old U.S. Highway No. 1) to its intersection with County Road No. 241; thence running westerly along said County Road No. 241 to its intersection with County Road No. 240; thence running southwesterly along said County Road No. 240 to its intersection with County Road No. 231; thence running northerly along said County Road No. 231 to its intersection with County Road No. 230; thence running westerly, and then running northwesterly along said County Road No. 230 to its intersection with Georgia Highway No. 171 (U.S. Highway No. 221); thence running northerly along said Georgia Highway No. 171 (U.S. Highway No. 221) to its intersection with County Road No. 229; thence running northwesterly along said County Road No. 229 to its intersection with County Road No. 218; thence running northwesterly along said County Road No. 218 to its intersection with Georgia Highway No. 24; thence running westerly along said Georgia Highway No. 24 to its intersection with the line between Jefferson County and Washington County; and thence running northerly, then northwesterly, and then easterly along the line between Jefferson County, on the one hand, and Washington and Glascock Counties on the other hand to the point of BEGINNING.
The roads, highways, and streams referred to in the above descriptions are and shall be as appears on that 1979 General Highway Map of Jefferson County prepared by the Georgia Department of Transportation, as revised in April, 1979, on October 8, 1980, and on November 15,1980. The streets within the City of Louisville referred to in the above descriptions are and shall be as appears on the map of the City of Louisville prepared by Edward G. Andrews, Civil Engineer, corrected to March 1, 1976. The streets within the City of Wrens referred to in the above descriptions are and shall be as appears on the 1978 Bowden Publications map of the City of Wrens.
3632 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
A copy of each of said maps with the districts thereon is located in the records of the United States District Court for the Southern District of Georgia, said maps being Exhibits "B," "C," and "D" to the consent decree entered into in Civil Action No. CV 683-23.
Section 4. The chairman shall preside over all meetings of the board and shall have a vote on all matters before the board. A quorum shall consist of a majority of the five members of the board and the approval of any matter before the board shall require the affirmative vote of a majority of the five members of the board.
Section 5. The first members of the board elected under this Act shall be elected at the general election held in 1984; and they and their successors shall serve for terms of four years beginning on the first day of January next following their election. The board of commissioners in office on the effective date of this Act shall continue to serve until the terms for which they were elected expire on December 31,1984.
Section 6. Each member of the board shall before assuming the duties of his office give a good and sufficient bond for the performance of the duties of his office in the sum of $4,000.00. Such bonds shall be in the same form as and approved in the same manner as bonds given by other county officers; and the premiums of such bonds shall be paid from county funds.
Section 7. (a) The following Acts which amended an Act creating boards of commissioners for Floyd County and certain other counties approved December 13,1871 (Ga. L. 1871-72, p. 225), so as to provide for a board of commissioners for Jefferson County are repealed in their entirety:
(1) An Act approved February 20,1873 (Ga. L. 1873, p. 248);
(2) An Act approved August 16,1915 (Ga. L. 1915, p. 271); and
(3) An Act approved August 14,1916 (Ga. L. 1916, p. 457).
(b) An Act approved August 7, 1918 (Ga. L. 1918, p. 466), creating a three-member board of commissioners for Jefferson County, as amended by an Act approved March 20,1935 (Ga. L. 1935, p. 713) and an Act approved March 24,1937 (Ga. L. 1937, p. 1354), is repealed in its entirety.
GEORGIA LAWS 1984 SESSION
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Section 8. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 9. All laws and parts of laws in conflict with this Act are repealed.
Notice.
Notice is given that there will be introduced at the regular 1984 session of the General Assembly of Georgia a bill to change the composition of the Board of Commissioners of Jefferson County; to provide for the powers, duties, qualifications, bonds, elections, and procedures of the said Board and its members; to provide for related matters; and for other purposes.
This 17th day of January, 1984.
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 following date: January 26,1984.
/s/ Emory E. Bargeron Representative, 108th District
3634 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 28th day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved February 23,1984.
CITY OF ELBERTON -- WARDS ESTABLISHED AND DEFINED -- ELECTION OF COUNCILMEN.
No. 598 (House Bill No. 1668).
AN ACT
To amend an Act authorizing and directing the mayor and council of the City of Elberton to divide said city into wards, approved August 5,1921 (Ga. L. 1921, p. 932), as amended, so as to establish and define wards within the City of Elberton for the purpose of electing members of the city council; to provide for the election of councilmen; to provide for residency requirements; to change the provisions relating to elections and the vote required for election as a city councilman; 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 authorizing and directing the mayor and council of the City of Elberton to divide said city into wards, approved August 5, 1921 (Ga. L. 1921, p. 932), as amended, is amended by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows:
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"Section 1. (a) For the purpose of electing councilmen, the City of Elberton is divided into five wards consisting of the following territory:
Ward 1
Beginning at a point where Heard Drive intersects with the southeasterly boundary of the corporate limits of the City of Elberton; thence northerly along the centerline of said Heard Drive to its intersection with Springdale Street; thence northeasterly along the centerline of Springdale Street to its intersection with Church Street; thence northerly along the centerline of Church Street to its intersection with Tusten Street; thence northeasterly along the centerline of Tusten Street to its intersection with Elbert Street; thence southeasterly along the centerline of Elbert Street to the intersection with Bartlett Street; thence easterly along the centerline of Bartlett Street to its intersection with Cole Street; thence southeasterly along the centerline of Cole Street to its intersection with Campbell Street; thence easterly along the centerline of Campbell Street to its intersection with East Gordon Street; thence along the centerline of East Gordon Street to its intersection with Mill Street; thence along the centerline of Mill Street to the eastern boundary of the corporate limits of the City of Elberton.
Ward 2
Beginning at a point where Mill Street intersects with the easterly boundary of the corporate limits of the City of Elberton; thence southerly along the centerline of Mill Street to its intersection with East Gordon Street; thence northwesterly along East Gordon Street to its intersection with Campbell Street; thence southwesterly along the centerline of Campbell Street to its intersection with Cole Street; thence westerly along the centerline of Cole Street to its intersection with Bartlett Street; thence southerly along the centerline of Bartlett Street to its intersection with Elbert Street; thence westerly along the centerline of Elbert Street to its intersection with Tusten Street; thence southerly along the centerline of Tusten Street to its intersection with Heard Street; thence westerly along Heard Street to its intersection with North Oliver Street which is also known as Georgia Highway No. 77; thence easterly along the centerline of said North Oliver Street to its intersection with the eastern boundary of the corporate limits of the City of Elberton.
3636 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Ward 3
Beginning at a point where North Oliver Street intersects with the eastern boundary of the corporate limits of the City of Elberton; thence westerly along the centerline of North Oliver Street to its intersection with Church Street; thence northwesterly along the centerline of Church Street to its intersection with Forest Avenue; thence easterly along the centerline of Forest Avenue to its intersection with College Avenue; thence northeasterly along College Avenue to its intersection with the northeasterly limits of the City of Elberton.
Ward 4
Beginning at a point where College Avenue intersects with the northeasterly boundary of the corporate limits of the City of Elberton; thence southeasterly along the centerline of said College Avenue to its intersection with Forest Avenue; thence westerly along the centerline of Forest Avenue to its intersection with Church Street; thence southerly along the centerline of Church Street to its intersection with South Oliver Street; thence westerly along the centerline of South Oliver Street to its intersection with Adams Street; thence westerly along the centerline of Adams Street to its intersection with an unnamed stream located at the approximate halfway point between the intersection of Adams Street with Forest Avenue and Oak Drive, following the course of said unnamed stream in a generally westerly direction to its intersection with Fleming Road and the westernmost boundary of the corporate limits of the City of Elberton.
Ward 5
Beginning at a point where an unnamed stream intersects with the westerly boundary of the corporate limits of the City of Elberton near its intersection with Fleming Road; thence easterly along the course of said unnamed stream to its intersection with Adams Street; thence southeasterly along the centerline of Adams Street to its intersection with South Oliver Street; thence easterly along the centerline of South Oliver Street to its intersection with Heard Street; thence southeasterly along the centerline of Heard Street to its intersection with Tusten Street; thence westerly along the centerline of Tusten Street to its intersection with Church Street; thence southerly along the centerline of Church Street to
GEORGIA LAWS 1984 SESSION
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its intersection with Springdale Street; thence westerly along the centerline of Springdale Street to its intersection with Heard Drive; thence southerly along the centerline of Heard Drive with its intersection with the southerly corporate limits of the City of Elberton.
(b) Effective with the councilmen to be elected in 1984, any candidate offering for election as a member of the city council shall designate the ward from which he seeks election and shall be elected by the electors of the city residing within such ward. A candidate for councilman must reside within the ward from which he seeks election. The candidate in each ward who receives a majority of the votes cast for councilman from such ward shall be declared elected. All special elections to fill vacancies, from any cause whatsoever, in the city council from any of such wards shall be governed by the provisions of this section. If a councilman permanently removes his residence from the ward from which he was elected, his office shall be vacated and it shall be the duty of the mayor and the remaining members of the council to call an election to fill such vacancy."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Notice of Intention to Apply for Passage of Local or Special Bill.
Notice is hereby given that I shall introduce a bill in the 1984 Session of the General Assembly to describe the corporate limits of the City of Elberton; to change the ward lines of the five existing wards in order to create five new wards (electoral districts) within the City of Elberton; to provide for election of a representative from each ward; to provide for the election of a Mayor-at-Large throughout the City of Elberton; and for other purposes.
This 6th day of February, 1984.
Charles W. Yeargin Representative, Elbert County, Georgia
3638 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles W. Yeargin, who, on oath, deposes and says that he is Representative from the 14th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Elberton Star-Elberton Beacon which is the official organ of Elbert County, on the following date: February 9,1984.
/s/ Charles W. Yeargin Representative, 14th District
Sworn to and subscribed before me, this 15th day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved February 28,1984.
RANDOLPH COUNTY -- MAGISTRATE COURT -- APPOINTMENT, TERMS AND COMPENSATION OF MAGISTRATES, ETC. No. 599 (House Bill No. 1253). AN ACT
To provide that the judge of the Probate Court of Randolph
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County shall serve as chief magistrate of the Magistrate Court of Randolph County; to provide for appointment of magistrates by the chief magistrate; to provide for the term, filling of vacancies, and compensation for the office of chief magistrate and magistrate; to provide for a constable; to provide for a 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. It is the intent of this Act to implement certain local prerogatives authorized by Chapter 10 of Title 15 of the Official Code of Georgia Annotated.
Section 2. The chief magistrate of the Magistrate Court of Randolph County in office on the effective date of this Act shall serve until the expiration of his term on December 31,1984. There shall be no election in 1984 for the office of chief magistrate in Randolph County.
Section 3. (a) The judge of the Probate Court of Randolph County shall serve as chief magistrate of the Magistrate Court of Randolph County. There shall be no separate election for the office of chief magistrate. The term of the chief magistrate shall be concurrent with the term of the judge of the probate court. In the event of a vacancy, the person assuming the position of judge of the probate court shall additionally assume the position of chief magistrate.
(b) The probate judge, for his services as chief magistrate, shall be compensated in the amount of not less than $100.00 per month by the governing authority of Randolph County, payable from the funds of the county. The county governing authority may supplement the compensation of the chief magistrate, but no such supplement shall be decreased during a term of office.
Section 4. (a) The chief magistrate may appoint not more than two magistrates. The term of office of a magistrate shall be concurrent with that of the chief magistrate. Any vacancy in the office of magistrate shall be filled by appointment by the chief magistrate.
3640 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(b) A magistrate shall be compensated in the amount of not less than $100.00 per month by the governing authority of Randolph County, payable from the funds of the county. The county governing authority may supplement the compensation of a magistrate, but no such supplement shall be decreased during a term of office.
Section 5. The sheriff of Randolph County and his deputies shall perform the duties of constables for the Magistrate Court of Randolph County. Such officers shall not be entitled to additional compensation for such duties.
Section 6. The governing authority of Randolph County may provide for the selection of a clerk for the magistrate court and shall provide the amount of compensation for the person so selected.
Section 7. Section 2 of this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. The remainder of this Act shall become effective on January 1,1985.
Section 8. All laws and parts of laws in conflict with this Act are repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1984 session of the General Assembly of Georgia a bill to provide that the judge of the Probate Court of Randolph County shall serve as chief magistrate of the Magistrate Court of Randolph County; to provide for the appointment of magistrates by the chief magistrate; to provide for the term, filling of vacancies and compensation of the chief magistrate and magistrates; to provide for a clerk and constable; and for other purposes.
This 18th day of January, 1984.
Gerald E. Greene Representative, 130th District
GEORGIA LAWS 1984 SESSION Georgia, Fulton County.
3641
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Gerald E. Greene, who, on oath, deposes and says that he is Representative from the 130th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Cuthbert Times and News Record which is the official organ of Randolph County, on the following date: January 19,1984.
/s/ Gerald E. Greene Representative, 130th District
Sworn to and subscribed before me, this 23rd day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved February 28,1984.
CITY OF WOODSTOCK -- ELECTION OF MAYOR -- TERM OF OFFICE.
No. 601 (House Bill No. 1492). AN ACT
To amend an Act re-creating and reincorporating the City of
3642 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Woodstock, approved April 17, 1975 (Ga. L. 1975, p. 4160), as amended, so as to provide for the election of mayor in the event of a vacancy; to establish the term of office of the mayor; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act re-creating and reincorporating the City of Woodstock, approved April 17, 1975 (Ga. L. 1975, p. 4160), as amended, is amended by striking subsection (c) of Section 2.12 in its entirety and substituting in lieu thereof a new subsection (c) to read as follows:
"(c) Filling of vacancies. A vacancy in the office of mayor or council shall be filled for the remainder of the unexpired term, if any, by the 6all of a special election to fill said unexpired term, if any, pursuant to Chapter 3 of Title 21, known as the Georgia Municipal Election Code."
Section 2. Said Act is further amended by striking Section 2.16 in its entirety and substituting in lieu thereof a new Section 2.16 to read as follows:
"Section 2.16. Election of the mayor; vacancy. The mayor shall be elected by city election and his term of office shall be for two years. In the case of a vacancy in the office of mayor, the governing authority shall thereupon call a special election to fill such vacancy for the remainder of the unexpired term, if any, pursuant to Chapter 3 of Title 21, known as the Georgia Municipal Election Code."
Section 3. Said Act is further amended by striking Section 5.10 in its entirety and substituting in lieu thereof a new Section 5.10 to read as follows:
"Section 5.10. Election and term of mayor and council. The governing authority of the City of Woodstock in Cherokee County, Georgia, shall be vested in a mayor and five councilmen. The mayor of said city shall be elected on the first Tuesday in December for a term of two years and the person so elected shall take office on the fourth Thursday in January of the following year. The councilmen of said city shall be elected on the first Tuesday in December for a term
GEORGIA LAWS 1984 SESSION
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of three years each, and the person so elected shall take office on the fourth Thursday in January of the following year. The mayor and all councilmen shall be elected by a city-wide majority vote. The councilmen from wards 1, 3, and 5 shall be elected in 1981 and every three years thereafter. The councilmen for wards 2 and 4 shall be elected in 1982 and every three years thereafter. The mayor shall be elected in 1983 and every two years thereafter. The hours for holding such election shall be 7:00 A.M. until 7:00 P.M. The mayor and council of the City of Woodstock in office on the effective date of this Act shall continue in office until the expiration of their terms and the election and qualification of their successors, as provided in this Act. In the event of a vacancy as of the effective date of this Act, the governing authority shall thereupon call a special election to fill such vacancy for the remainder of the term so vacated, pursuant to Chapter 3 of Title 21, known as the Georgia Municipal Election Code."
Section 4. All laws and parts of laws in conflict with this Act are repealed.
Notice of Intention to Introduce Local Legislation.
To amend an Act recreating and re-incorporating the City of Woodstock; approved April 17,1975 (Georgia Laws 1975, Page 4160), and as amended by an act approved April 9,1981 (Georgia Laws 1981, Page 4815) so as to provide for the election of Mayor; filling of a vacancy in the office of Mayor; establishing the term of the office of Mayor; to provide for other matters relative thereto; to repeal conflicting laws; and for other purposes.
This 6th day of January, 1984.
/s/ Wendell T. Anderson Representative, 8th District
3644 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Wendell T. Anderson, Sr., who, on oath, deposes and says that he 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 date: January 15, 1984.
/s/ Wendell T. Anderson, Sr. Representative, 8th District
Sworn to and subscribed before me, this 6th day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved February 29,1984.
ROCKDALE COUNTY -- COMPENSATION OF PUBLIC DEFENDER.
No. 602 (Senate Bill No. 492). AN ACT
To amend an Act providing for a public defender for Rockdale
GEORGIA LAWS 1984 SESSION
3645
County, approved March 12,1975 (Ga. L. 1975, p. 2685), as amended by an Act approved March 4,1977 (Ga. L. 1977, p. 2846), and an Act approved April 13, 1982 (Ga. L. 1982, p. 4867), so as to change the compensation of the public defender; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act providing for a public defender for Rockdale County, approved March 12,1975 (Ga. L. 1975, p. 2685), as amended by an Act approved March 4,1977 (Ga. L. 1977, p. 2846), and an Act approved April 13,1982 (Ga. L. 1982, p. 4867), is amended by striking subsection (a) of Section 2 in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The public defender for Rockdale County shall be compensated in the amount of $9,600.00 per annum which shall be payable monthly from the funds of Rockdale County. The public defender shall not be authorized to receive any fees provided by law for the defense of indigent defendants in addition to the compensation provided for herein."
Section 2. This Act shall become effective on the first day 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 1984 session of the General Assembly of Georgia a bill to amend an Act providing for a public defender for Rockdale County, approved March 12, 1975 (Ga. L. 1975, p. 2685), as amended; and for other purposes.
This 13th day of January, 1984.
3646 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Honorable 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 Legislation was published in the Rockdale Citizen which is the official organ of Rockdale County, on the following date: January 19,1984.
/s/ Harrill L. Dawkins Senator, 45th District
Sworn to and subscribed before me, this 27th day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved February 29, 1984.
GEORGIA LAWS 1984 SESSION
3647
COLUMBUS, GEORGIA -- MANNER OF PUBLICATION OF CERTAIN ORDINANCES.
No. 603 (House Bill No. 1429).
AN ACT
To amend an Act providing a charter for the county-wide government of Columbus, Georgia, approved October 5, 1971 (Ga. L. 1971, Ex. Sess., p. 2007), as amended, so as to change the manner of publication of certain ordinances; 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., p. 2007), as amended, is amended by striking Section 3-206 thereof, which reads as follows:
"Section 3-206. Publication; Prima Facie Evidence. (1) Every ordinance of a general or permanent nature shall be published in full once within ten days after its becoming law in a newspaper or newspapers of general circulation published in Columbus, Georgia; provided, however, the foregoing requirements as to publication shall not apply to an ordinance re-ordained in or by a general compilation or codification of ordinances printed by authority of the Council or to codes of technical regulations and amendments thereto adopted by reference, but it shall be sufficient to publish in a newspaper the ordinance which adopts said code of technical regulations or amendments by reference thereto.
(2) A record of entry made by the Clerk of Council or a copy of such record or entry, duly certified by such Clerk, shall be prima facie evidence of the terms of the ordinance and its due publication.",
and inserting in its place a new Section 3-206 to read as follows:
"Section 3-206. The caption of every ordinance showing its general contents shall be published once within ten days after becoming law in the newspaper having the largest circulation in Columbus,
3648 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Georgia, and this publication will include notice of the office of the Consolidated Government in which the full text of the ordinance is available for public inspection, except that if the cost of publishing the full text of the ordinance does not exceed $99.00, the full text and not just the caption shall be published as provided in this section, and no notice of the office in which the full text is available shall then be required to be published."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Notice of Intention to Apply for Local Legislation.
Notice is hereby given that application will be made at the session of the General Assembly of Georgia convening in January, 1984, for the passage of an Act amending the Charter of Columbus, Georgia, so as to provide that the caption of every ordinance showing its general contents shall be published once within ten days after becoming law in the newspaper having the largest circulation in Columbus, Georgia and this publication will include notice of the office of the Consolidated Government in which the full text of the ordinance is available for public inspection.
E. H. Polleys, Jr. City Attorney 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 Enquirer which is the official organ of Muscogee County, on the following date: December 21,1983.
GEORGIA LAWS 1984 SESSION
/s/ Milton Hirsch Representative, 96th District
Sworn to and subscribed before me, this 23rd day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved February 29,1984.
3649
CLARKE COUNTY -- MAGISTRATE COURT -- QUALIFICATIONS, SALARY OF CHIEF MAGISTRATE.
No. 604 (House Bill No. 1275).
AN ACT
To make provisions for the Magistrate Court of Clarke County; to provide additional qualifications for the position of chief magistrate of Clarke County; to provide for the salary of the chief magistrate of Clarke County; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. In addition to the qualifications prescribed by general law, the chief magistrate of Clarke County shall meet the following additional qualifications:
3650 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(1) The chief magistrate shall be an attorney licensed to practice law in this state; and
(2) The chief magistrate shall devote his full time and effort to the duties of his office and shall not engage in the private practice of law.
Section 2. The chief magistrate of Clarke County shall receive a minimum annual salary of $30,000.00. The governing authority of Clarke County may supplement the minimum annual salary of the chief magistrate in such amount as it may fix from time to time; but the chief magistrate's supplement shall not be decreased during any term of office and the total compensation of the chief magistrate in office on the effective date of this Act, so long as he remains in office, shall not be less than $32,000.00. Said minimum salary, and supplement, if any, shall be paid in equal monthly installments from county funds.
Section 3. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that local legislation will be introduced at the regular 1984 Session of the General Assembly of Georgia to provide for certain matters relating to the Magistrate Court of Clarke County, pursuant to the provisions of Title 15, Chapter 10 of the Official Code of Georgia Annotated, and for other purposes.
This 13th day of January, 1984.
GEORGIA LAWS 1984 SESSION
Paul C. Broun Senator, 46th District
Hugh Logan Representative, 67th District
Bob Argo Representative, 68th District
3651
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bob Argo, who, on oath, deposes and says that he is Representative from the 68th 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 date: January 13,1984.
/s/ Bob Argo Representative, 68th District
Sworn to and subscribed before me, this 19th day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved February 29,1984.
3652 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
HOUSTON COUNTY -- MAGISTRATE COURT -- SELECTION AND COMPENSATION OF MAGISTRATES.
No. 605 (House Bill No. 1428).
AN ACT
To make provisions for the Magistrate Court of Houston County; to provide for the selection and compensation of the chief magistrate and other magistrates; to provide for related matters; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. The chief magistrate of Houston County whose term will begin January 1,1985, and all future chief magistrates of Houston County shall be appointed by the judge or judges of superior court of Houston County with the approval of the governing authority of Houston County.
Section 2. On and after January 1, 1985, any magistrates of Houston County other than the chief magistrate shall be appointed by the chief magistrate of Houston County.
Section 3. The compensation of the chief magistrate and other magistrates of Houston County shall be fixed by the governing authority of Houston County.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
Notice.
Notice is hereby given that there will be introduced at the regular 1984 session of the General Assembly of Georgia a bill to make provisions for the Magistrate Court of Houston County; to provide for the officers of the court and their compensation; to provide for related matters; and for other purposes.
GEORGIA LAWS 1984 SESSION This 17th day of January, 1984.
3653
Larry Walker Representative, 115th District Ted W. Waddle Representative, 113th District Roy H. Watson, Jr. Representative, 114th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Larry Walker, who, on oath, deposes and says that he is Representative from the 115th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Houston Home Journal which is the official organ of Houston County, on the following date: January 26,1984.
/s/ Larry Walker Representative, 115th District
Sworn to and subscribed before me, this 31st day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 1, 1984.
3654 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CITY OF PERRY -- COMPOSITION OF COUNCIL DISTRICTS -- ELECTION OF COUNCIL
MEMBERS -- RESIDENCY REQUIREMENTS.
No. 606 (House Bill No. 1565).
AN ACT
To amend an Act to reincorporate and provide a new charter for the City of Perry, approved March 29,1983 (Ga. L. 1983, p. 4386), so as to change the provisions relating to the council districts of the municipality; to provide the composition of the council districts; to provide for the election of council members; to provide for continuation in office of certain city officers; to provide for residency requirements; to provide for election by a majority of votes cast; to provide 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 reincorporate and provide a new charter for the City of Perry, approved March 29,1983 (Ga. L. 1983, p. 4386), is amended by striking subsections (b), (c), and (d) of Section 5.11 in their entirety and inserting in lieu thereof new subsections (b) through (h) to read as follows:
" (b) For the purpose of electing the council members, the City of Perry shall be divided into three council districts consisting of the following territory within the City of Perry:
Council District 1
Tract 212 Block Group 4 Blocks 501 through 517
Tract 213 Blocks 201 through 211 and 405 through 426
GEORGIA LAWS 1984 SESSION
3655
Council District 2
Tract 212 Those parts of Blocks 203 and 206 inside the City of Perry Blocks 518 through 534 Block Group 6 Blocks 701 through 712, 722, and 723
Tract 214 Block Group 1 Blocks 206 through 211 and 228 through 233 Those parts of Block 401 inside the City of Perry
Council District 3
Tract 212 Block 724
Tract 213 Those parts of Blocks 107 and 108 inside the City of Perry Block 109 Those parts of Block 110 inside the City of Perry Blocks 111, 212 through 219, 301, and 302 Those parts of Blocks 303 and 304 inside the City of Perry Blocks 401 through 404 Those parts of Blocks 427 through 429 inside the City of Perry
Tract 214 Blocks 201 through 205, 212 through 227, and 234 through 247 Blocks 301 through 313 Those parts of Blocks 314 through 316 inside the City of Perry
(c) For the purposes of this section:
(1) The terms `Tract' or `Census Tract,' `Block Group,' and `Block' shall mean and shall describe the same geographical
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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 council 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 City of Perry which is not included in any district described in this section shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 1980 for the State of Georgia.
(d) Each council district shall consist of two posts which shall be designated as Post 1 and Post 2.
(e) At the city election to be held in 1984, the mayor and the council members from Council District 1, Post 1, Council District 2, Post 1, and Council District 3, Post 1 shall be elected. Their successors shall be elected in every even-numbered year thereafter.
(f) At the city election to be held in 1985, the council members from Council District 1, Post 2, Council District 2, Post 2, and Council District 3, Post 2 shall be elected. Their successors shall be elected in every odd-numbered year thereafter.
(g) The mayor and council members in office on April 1, 1984, shall remain in office until their successors are elected and take office as provided in this section.
(h) Any person seeking to qualify as a candidate for a council member shall designate the district and post to which he or she seeks election. A candidate must reside within the district to which he or she seeks election as a council member."
Section 2. Said Act is further amended by striking Section 5.14 in its entirety and inserting in lieu thereof a new Section 5.14 to read as follows:
"Section 5.14. Election by majority. Persons receiving the majority of the votes cast for any city office shall be elected."
GEORGIA LAWS 1984 SESSION
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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 1984 session of the General Assembly of Georgia a bill to amend an Act reincorporating and providing a new charter for the city of Perry in Houston County, approved March 29,1983 (Ga. L. 1983, p. 4386); to provide for related matters; and for other purposes.
This 4th day of January, 1984.
Larry Walker Representative, 115th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Larry Walker, who, on oath, deposes and says that he is Representative from the 115th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Houston Home Journal which is the official organ of Houston County, on the following date: January 12,1984.
/s/ Larry Walker Representative, 115th District
3658 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 8th day of February, 1984.
/s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 28, 1984. (Seal).
Approved March 1,1984.
WILKES COUNTY -- COMMISSIONER DISTRICTS -- ELECTION OF COMMISSIONERS. No. 607 (House Bill No. 1653).
AN ACT
To amend an Act re-creating the Board of Commissioners of Wilkes County, approved April 17, 1975 (Ga. L. 1975, p. 2979), as amended by an Act approved April 11,1979 (Ga. L. 1979, p. 3377), so as to change the boundaries of the commissioner districts; to provide for the election of commissioners; to provide for the existing commissioners; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia: Section 1. An Act re-creating the Board of Commissioners of Wilkes County, approved April 17, 1975 (Ga. L. 1975, p. 2979), as amended by an Act approved April 11,1979 (Ga. L. 1979, p. 3377), is amended by striking from subsection (a) of Section 3 of said Act the boundary descriptions of Commissioner Districts 1, 2, 3, and 4 and inserting in lieu thereof new boundary descriptions to read as follows:
" (1) Commissioner District # 1
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District # 1 shall consist of all of the area within the following boundaries: Beginning at the Taliaferro-Wilkes county line on Ga. Hwy 44 and running East to County Road # 70; thence running North on Co. Rd. # 70 to County Road # 194; thence running East on Co. Rd. # 194 to Ga. Hwy 44; thence running North East on Ga. Hwy 44 to Ga. 10/US 78; thence running East on Ga. 10/US 78 to the East limit of the City of Washington; thence running South; West; South; West; South; West and North West along the City Limits of Washington to Ga. Hwy. 47; thence running South on Ga. Hwy. 47 to the Taliaferro-Wilkes county line; thence running along the Wilkes-Taliaferro county line West to point of beginning.
(2) Commissioner District # 2
District # 2 shall consist of all of the area within the following boundaries: Beginning at the Taliaferro Wilkes county line on Ga. Hwy. 47 and running North to the City Limits of Washington; thence running South; East; North; East; North and East to Ga. Hwy. 10/US 78; thence running West on Ga. 10/US 78 to Ga. Hwy. 17/44; thence running North on Ga. Hwy. 17 to the City Limits of Tignall; thence running North and East along the City Limits of Tignall to County Road # 148; thence running East on Co. Rd. # 148 to County Road # 143; thence running North on Co. Rd. # 143 to Co. Rd. # 132; thence running East on Co. Rd. # 132 to Ga. Hwy. 44 in Danburg; thence running North East on Ga. Hwy. 44 to the Wilkes-Lincoln County line; thence running South along the Lincoln-Wilkes County Line to a mid-point in the Little River in Clarks Hill Lake; thence running West along the McDuffie; Warren; Taliaferro-Wilkes County Line to the point of beginning.
(3) Commissioner District # 3
District # 3 shall consist of all of the area within the following boundaries: Beginning at the Oglethorpe-Wilkes County Line on County Road # 82 and running East and South on Co. Rd. # 82 to Ga. Hwy. 10/US78; thence running East on Ga. Hwy. 10/US78 to Ga. Hwy. 44; thence running South on Ga. Hwy. 44 (locally known as Whitehall Street) to County Road # 194; thence running West on Co. Rd. # 194 to County Road # 70; thence running South on Co. Rd. # 70 to Ga. Hwy. 44; thence running West on Ga. Hwy. 44 to the Taliaferro-Wilkes County Line; thence running North along the Taliaferro; Oglethorpe-Wilkes County Lines to the point of beginning.
3660 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(4) Commissioner District # 4
District # 4 shall consist of all of the area within the following boundaries: Beginning at the Oglethorpe-Wilkes County Line on County Road # 82 and running North along the Oglethorpe; Elbert-Wilkes County Lines to Mid-Point of the Broad River at Anthony Shoals; thence running South along the Lincoln-Wilkes County Line to Ga. Hwy. 44; thence running South to County Road # 132 in Danburg; thence running West on Co. Rd. # 132 to County Road # 143; thence running South on County Road # 143 to County Road # 148; thence running West on Co. Rd. # 148 to the City Limits of Tignall; thence running South along the City Limits of Tignall to Ga. Hwy. 17; thence running South on Ga. Hwy. 17 to Ga. Hwy. 10/US 78 Business Route; thence running West on Ga. Hwy. 10/US 78 West to County Road # 82; thence running North and West on Co. Rd. # 82 to the point of beginning."
Section 2. Said Act is further amended by striking the first sentence of paragraph (1) of subsection (b) of Section 3 of said Act and inserting in lieu thereof a new sentence to read as follows:
"Any person, in order to be eligible for membership on the board to represent a commissioner district, must reside in the district which he represents, and each member from a commissioner district shall be voted on and elected only by the voters in the district."
Section 3. Members of the Board of Commissioners of Wilkes County on the effective date of this Act shall represent the commissioner district which is described in Section 1 of this Act and in which they reside. Such members shall serve for the remainder of the term to which they were elected and 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 hereby given that there will be introduced at the regular 1984 session of the General Assembly of Gerogia a bill to amend an
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Act recreating the Board of Commissioners of Wilkes County, approved April 17, 1975 (Ga. L. 1975, p. 2979), as amended; and for other purposes.
This 27th day of January, 1984.
/s/ Ben Barron Ross Representative, 82nd District
/s/ Sam P. McGill Senator, 24th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ben Barron Ross, who, on oath, deposes and says that he is Representative from the 82nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the News Reporter which is the official organ of Wilkes County, on the following date: February 2,1984.
/s/ Ben Barron Ross Representative, 82nd District
Sworn to and subscribed before me, this 14th day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 1,1984.
3662 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
PERRY -- FORT VALLEY AIRPORT AUTHORITY -- QUORUM.
No. 608 (House Bill No. 1484).
AN ACT
To amend an Act creating the Perry-Fort Valley Airport Authority, approved March 30,1971 (Ga. L. 1971, p. 2589), as amended, so as to change the quorum of the authority; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the Perry-Fort Valley Airport Authority, approved March 30, 1971 (Ga. L. 1971, p. 2589), as amended, is amended by striking from paragraph (b) of Section 4 the word "Seven" and inserting in its place the word "Five" so that said paragraph when so amended shall read as follows:
I(b) Quorum--Five members of the Authority shall constitute a quorum, provided however, there must be one member present representing each of the municipal authorities and each 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 1984 session of the General Assembly of Georgia a bill to amend an act creating the Perry-Fort Valley Airport Authority, approved March 30,1971 (Ga. L. 1971, p. 2569), as amended; and for other purposes.
GEORGIA LAWS 1984 SESSION This 17th day of January, 1984.
3663
Robert Ray Representative, 98th District
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 date: January 26,1984.
/s/ Robert Ray Representative, 98th District
Sworn to and subscribed before me, this 3rd day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Notice.
Notice is hereby given that there will be introduced at the regular 1984 session of the General Assembly of Georgia a bill to amend an Act creating the Perry-Fort Valley Airport Authority, approved March 30, 1971 (Ga. L. 1971, p. 2589), as amended; and for other purposes.
3664 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This 17th day of January, 1984.
Larry Walker Representative, 115th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Larry Walker, who, on oath, deposes and says that he is Representative from the 115th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Houston Home Journal which is the official organ of Houston County, on the following date: January 26,1984.
/s/ Larry Walker Representative, 115th District
Sworn to and subscribed before me, this 3rd day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 1,1984.
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3665
CITY OF EAST POINT -- ELECTIONS FOR MAYOR AND COUNCIL.
No. 609 (House Bill No. 1486).
AN ACT
To amend an Act establishing a new charter for the City of East Point, Georgia, approved August 9, 1912 (Ga. L. 1912, p. 862), as amended, particularly by an Act approved March 18, 1982 (Ga. L. 1982, p. 3598), so as to change the date on which elections for filling the offices of mayor and council of the City of East Point, Georgia, shall be held; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act establishing a new charter for the City of East Point, Georgia, approved August 9, 1912 (Ga. L. 1912, p. 862), as amended, particularly by an Act approved March 18, 1982 (Ga. L. 1982, p. 3598), is amended by striking Section 18 of said Act in its entirety and inserting in lieu thereof a new Section 18 to read as follows:
"Section 18. Election of Mayor and Council, (a) Election of Councilmen. In each ward of the city, as set forth in Section 4(2) of the charter of the City of East Point, there is hereby created two posts, which shall be known as Post I and Post II. Elections of councilmen to said posts shall be on the date of the general election at which Fulton County members of the General Assembly are chosen. An election shall be held biennially in the city, quadrennially for the respective posts, as they from time to time expire. The terms of all regularly elected councilmen shall commence on the first day of January next after their election and said officers shall serve a term of four years, and until their respective successors are elected and qualified. Provided, further, that the terms of none of the present members of the council shall be reduced by this Act, and the terms of each of them shall continue to the end of the year for the term for which they have been elected, and until respective successors have been elected and qualified.
3666 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(1) Post I shall comprise that seat in each ward which is submitted for election in 1982, and quadrennially thereafter. Post I of the respective ward seats shall, upon the effective date of this Section 18, and from term to term thereafter, be filled by election on a ward-wide basis. Each councilman elected in Post I of the respective wards of the city shall be elected exclusively by qualified voters within the ward of the respective councilman at such place or places as the city council designates.
(2) Post II shall comprise that seat in each ward submitted to election in 1984, upon normal expiration of the term, and quadrennially thereafter. Post II of the respective ward seats shall be filled by election on a city-wide basis. Each councilman from Post II of the respective wards of the city shall be elected exclusively by qualified voters in all ward precincts of the city at such place or places as the city council designates.
(b) Election of Mayor. The election of the mayor shall be conducted on a city-wide basis held and elected exclusively by qualified voters in each ward precinct at such place or places as the city council designates. The election of the mayor shall next be conducted on the date of the general election in 1984, at which Fulton County members of the General Assembly are chosen. The term of the mayor shall commence on the first day of January next after his or her election and the mayor shall serve a term of four years and until his or her successor is elected and qualified. Provided, further, that the term of the present mayor shall not be reduced by this Act, and the term he is presently serving shall continue to the end of the year of the term for which he has been elected and until his successor shall have been duly qualified and elected.
Quadrennially thereafter, elections shall be held in the said city on the date of the regular general election, at which Fulton County members of the General Assembly are elected to fill vacancies occurring in the office of the mayor by virtue of expiration of his or her term as set forth."
Section 2. 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
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or unconstitutional were not originally a part hereof. The General Assembly declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
Section 3. Effective Date. This Act shall become effective upon the first day set for qualifying of candidates for office to mayor or council of the City of East Point occurring first after its approval by the Governor and the Civil Rights Division of the United States Justice Department as required pursuant to the Voting Rights Act of 1965.
Section 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 the City of East Point, Georgia, intends to apply for the passage of local legislation in the 1984 regular session of the General Assembly of Georgia, which convenes in January, 1984. The title of the Bill or Bills to be introduced shall be entitled as follows:
"An Act to amend an Act establishing a new charter for the City of East Point, Georgia, approved August 19,1912 (Ga. L. 1912, p. 862, et seq.), and the several Acts amendatory thereof, and especially the Act approved March 9, 1972 (Ga. L. 1972, p. 2151, et seq.), and as amended; and for other purposes."
This 18th day of January, 1984.
By: George N. Sparrow, Jr. Attorney for the City of East Point, Georgia
3668 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Dick Lane, who, on oath, deposes and says that he is Representative from the 27th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following date: January 30,1984.
/s/ Dick Lane Representative, 27th District
Sworn to and subscribed before me, this 3rd day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 1,1984.
CITY OF PERRY -- ACTS OF COUNCIL -- RESOLUTIONS AND ORDINANCES. No. 610 (House Bill No. 1566). AN ACT
To amend an Act to reincorporate and provide a new charter for the City of Perry, approved March 29,1983 (Ga. L. 1983, p. 4387), so
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3669
as to provide that acts of the city council which have the force and effect of law may be done by motion or resolution of the city council except that any act of the city council to amend the charter or the code of ordinances or any other act required by general state law to be done by ordinance shall be done by ordinance; to provide 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 reincorporate and provide a new charter for the City of Perry, approved March 29,1983 (Ga. L. 1983, p. 4387), is amended by striking Section 2.23 in its entirety and inserting in lieu thereof a new Section 2.23 to read as follows:
"Section 2.23. Notwithstanding any other provisions of this charter, acts of the city council which have the force and effect of law may be done by motion or resolution of the city council, except that any act of the city council to amend the charter or the code of ordinances or any other act required by general state law to be done by ordinance shall be done by ordinance."
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 1984 session of the General Assembly of Georgia a bill to amend an Act reincorporating and providing a new charter for the city of Perry in Houston County, approved March 29,1983 (Ga. L. 1983, p. 4386); to provide for related matters; and for other purposes.
This 4th day of January, 1984.
3670 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Larry Walker State Representative, District 115
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: Local Legislation was published in The Houston Home Journal on the following date: January 12,1984.
This 13th day of January, 1984.
/s/ Jim Kerce Publisher, Houston Home Journal Perry, Georgia
Sworn to and subscribed before me, this 13th day of January, 1984.
/s/ Emily A. Montgomery Notary Public, Houston County. My Commission Expires Aug. 23, 1985. (Seal).
Approved March 1,1984.
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HABERSHAM COUNTY -- ELECTION OF COMMISSIONERS, TERMS OF OFFICE, ETC. -- REFERENDUM.
No. 611 (House Bill No. 1393).
AN ACT
To amend an Act creating a board of commissioners for Habersham County, approved February 13, 1956 (Ga. L. 1956, p. 2077), as amended, particularly by an Act approved February 27,1969 (Ga. L. 1969, p. 2069), so as to change the provisions relative to the election of the members of the board of commissioners; to change the terms of office of members of said board; to provide for county purchases and repairs; to provide for other matters relative to the foregoing; to provide for a referendum; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating a board of commissioners for Habersham County, approved February 13, 1956 (Ga. L. 1956, p. 2077), as amended, particularly by an Act approved February 27,1969 (Ga. L. 1969, p. 2069), is amended by striking from Section 2 the following:
"The first members of the board shall be elected at the same time as the county officials of Habersham County are elected in the year 1956, and shall take office on January 1,1957. The member elected from Commissioner District Number One at the 1956 election shall serve for a term of one year and until his successor is elected and qualified. The member elected from Commissioner District Number Two at the 1956 election shall serve for a term of two years, and until his successor is elected and qualified. The member elected from Commissioner District Number Three at the 1956 election shall serve for a term of three years and until his successor is elected and qualified. Beginning in the year 1957, and each year thereafter, a successor to the member of the board whose term expires that year shall be elected, by the voters of the county, from the commissioner district of the member whose term expires that year for a term of three years. Such election shall be held on the Tuesday after the first
3672 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Monday in November of each year and the member so elected shall take office on January 1 of the year following election. The present governing authority of Habersham County shall continue control of the affairs of Habersham County, that are placed under the control of the board by this Act, through December 31,1956."
Section 2. Said Act is further amended by adding a new Section 2A between Sections 2 and 3 to read as follows:
"Section 2A. (a) At the 1984 general election, the member of the board of commissioners representing Commissioner District 1 shall be elected for a term of office of four years beginning on January 1, 1985. The term of office of the member of the board of commissioners representing Commissioner District 2, which is scheduled to expire on December 31,1985, is extended to expire on December 31, 1986. At the 1986 general election, the members of the board of commissioners representing Commissioner Districts 2 and 3 shall be elected for terms of office of four years beginning on January 1,1987. Thereafter, the members of the board of commissioners representing Commissioner Districts 1, 2, and 3 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. All members of the board of commissioners shall serve until their successors are elected and qualified.
(b) All members of the board of commissioners shall be nominated and elected in accordance with the provisions of Chapter 2 of Title 21 of the Official Code of Georgia Annotated known as the `Georgia Election Code.'
(c) The members of the board of commissioners holding office prior to the election of members pursuant to subsection (a) of this section shall continue to serve as the governing authority of Habersham County until their successors are elected and take office as provided by said subsection (a) of this section."
Section 3. Said Act is further amended by striking Section 12 thereof, relating to purchases by the board, and inserting in its place a new section to read as follows:
"Section 12. The board shall be responsible for all purchases and repairs for Habersham County. All purchases and repairs over
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$500.00 which do not exceed $1,500.00 shall be on a quote bid basis by telephone or other means of communication. All purchases in excess of $1,500.00 shall be on a competitive sealed bid basis, except in cases of emergency whereby the efficient operation of Habersham County might be impaired or further damaged by delay in repair of machinery, equipment, or buildings. All sealed bids shall be opened at a regularly scheduled board meeting. All financial records and records of bills of sale shall be open at all times for inspection by any person qualified to vote in Habersham County. The board shall not expend any funds of Habersham County in payment of purchases or repairs made in violation of this section. Announcements that said sealed bids will be taken shall be published in the Tri-County Advertiser, which is the official organ of said county."
Section 4. 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 Habersham County to issue the call for an election for the purpose of submitting this Act to the electors of Habersham County for approval or rejection. The superintendent shall set the date of such election for March 13, 1984. The superintendent shall issue the call for said election at least 30 days prior to the date thereof. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Habersham County. The ballot shall have written or printed thereon the words:
"( ) YES ( ) NO
Shall the Act establishing four-year terms for the members of the board of commissioners of Habersham County and providing for the election of such members pursuant to the `Georgia Election Code' and providing for county purchases and repairs 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.
3674 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
The expense of such election shall be borne by Habersham 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 5. 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 1984 regular session of the General Assembly of Georgia a bill to amend "an act to create a Board of Commissioners of Roads and Revenue for Habersham County (Georgia Laws 1956, page 2077)" and all acts amendatory thereof, so as to provide new terms and new dates of election for members of the Board of Commissioners of Habersham County.
This 23rd day of January, 1984.
William J. Dover Representative, 11th District
Georgia, Habersham County.
In person before the undersigned officer came Bobby Williams, who being first duly sworn, deposes and says on oath that he is the publisher of the Tri-County Advertiser, the legal gazette of Habersham County, and that the attached Notice of Intention to Introduce Local Legislation was published in the Tri-County Advertiser in the issue of January 26,1984.
/s/ Bobby E. Williams
GEORGIA LAWS 1984 SESSION
Sworn to and subscribed before me, this 26th day of January, 1984.
/s/ Linton K. Crawford, Jr. Notary Public. My Commission Expires Nov. 8, 1987. (Seal).
Approved March 1, 1984.
3675
BALDWIN COUNTY -- ELECTION OF COMMISSIONERS FROM DISTRICTS -- TERMS OF OFFICE.
No. 612 (Senate Bill No. 563).
AN ACT
To amend an Act creating a board of commissioners of Baldwin County, approved December 26, 1888 (Ga. L. 1888, p. 286), as amended, so as to provide for the election of board members from districts; to require candidates to run for certain posts within one district; to provide for terms of office; to provide for the election of the chairman; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating a board of commissioners of Baldwin County, approved December 26, 1888 (Ga. L. 1888, p. 286), 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. (a) There is created a five-member board of commissioners of Baldwin County who shall administer the affairs of the county. For the purpose of electing members of the board, Baldwin County shall be divided into two election districts as follows:
3676 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Election District No. 1 shall be composed of an area bounded as follows: Beginning at the intersection of the centerline of Blandy Road and the centerline of Highway 49; thence north along the centerline of Blandy Road to Highway 22; thence in an easterly direction along the centerline of Highway 22 to Central of Georgia Railroad; thence continuing in an easterly direction along the centerline of Central of Georgia Railroad until the railroad intersects with the city limits of Milledgeville; thence following the city limits in a easterly, southerly, and northerly direction until said city limits intersect with Central Georgia Railroad; thence continuing along the centerline of said railroad in an easterly direction to Columbia Street; thence in a northerly direction along the centerline of Columbia Street to Bluff Street; thence in a northeasterly direction along the centerline of Bluff Street to Forest Road; thence in a southerly direction along the centerline of Forest Road to Ross Alley; thence in an easterly direction along the centerline of Ross Alley to Davis Alley; thence in a southerly direction along the centerline of Davis Alley to Gwinnett Street; thence east along the centerline of Gwinnett Street to Wilkinson Street; thence north along the centerline of Wilkinson Street to West Bryan Street; thence east along the centerline of West Bryan Street to Wayne Street; thence north along the centerline of Wayne Street to Camden Street; thence in an easterly direction along the centerline of Camden Street to Jefferson Street; thence north along the centerline of Jefferson Street to Linda Drive; thence east along the centerline of Linda Drive to the city limits; thence along the city limits in a northeasterly direction to Tobler Creek; thence along the centerbed of Tobler Creek in a southerly direction to the Oconee River; thence north along the centerbed of the Oconee River to Champion Creek; thence in a northeasterly direction along the centerbed of Champion Creek to Lake Laurel Road; thence south along the centerline of Lake Laurel Road to Highway 24; thence west along the centerline of Highway 24 to the centerbed of the Oconee River (city limits); thence south along the centerbed of the Oconee River (city limits) to Fishing Creek; thence west along the centerbed of Fishing Creek to Elbert Street; thence south along the centerline of Elbert Street to Underwood Road; thence west along the centerline of Underwood Road to Jefferson Street; thence south along the centerline of Jefferson Street to Andrews Street; thence west along the centerline of Andrews Street to Wayne Street; thence north along the centerline of Wayne Street to Hancock Street; thence east along the centerline of Hancock
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Street to Jefferson Street, then North along the centerline of Jefferson Street to Montgomery Street; thence west along the centerline of Montgomery to Wayne Street; thence south along the centerline of Wayne Street to McIntosh Street; thence west along the centerline of McIntosh Street to Wilkinson Street; thence north along the centerline of Wilkinson Street to Montgomery Street; thence west along the centerline of Montgomery Street to Jackson Street; thence south along the centerline of Jackson Street to McIntosh Street; thence west along the centerline of McIntosh Street to Lake Drive; thence south along the centerline of Lake Drive to Highway 49 (Hancock Street); thence west along the centerline of Highway 49 (Hancock Street) to Allenwood Road; thence in a southwesterly direction along the centerline of Allenwood Road to Bay Valley Road; thence north along the centerline of Bay Valley Road to the beginning point.
Election District No. 2 shall be composed of all the remaining area in Baldwin County.
(b) (1) One county commissioner shall be elected from Election District No. 1 as described above. The member elected from such election district shall be elected by the qualified voters of Baldwin County residing solely within such election district. A person offering as a candidate for election to the board from Election District No. 1 shall be a legal resident of the district. To be elected as a member of the board from Election District No. 1, a candidate must receive the highest number of votes cast and, at the same time, the candidate must receive a majority of the total votes cast in such election district.
(2) Four county commissioners shall be elected from Election District No. 2 as described above. Said election district shall be divided into four post districts, and each post district shall be designated by post number as follows:
(A) Post 1 is composed of all of the 320th GMD less and except that portion of the 320th GMD that lies within District 1.
(B) Post 2 is composed of all of the 318th GMD and 319th GMD.
3678 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(C) Post 3 is composed of the 105th and 115th GMD, less and except those portions of the 105th GMD and 115th GMD that lie in District 1, and that portion of the 321st GMD that lies east of US Highway 441.
(D) Post 4 is composed of all of the 322nd GMD and the 1714th GMD and that portion of the 321st GMD that lies west of US Highway 441 South.
A person offering as a candidate for election to the board from Election District No. 2 shall designate the post for which he is seeking election and shall be a legal resident of such post district. To be elected as a member of the board from Election District No. 2, a candidate must receive the highest number of votes cast for the particular post and, at the same time, the candidate must receive a majority of the total votes cast for such post. The qualified voters of Election District No. 2 shall be authorized to vote for one candidate for each post within such election district.
(c) The members of the board of commissioners of Baldwin County serving on January 1,1984, or any successors appointed to fill vacancies created by such members, shall serve for a term of office expiring December 31, 1984. At the general election in 1984, the members of the board of commissioners elected in accordance with the provisions of subsections (a) and (b) of this section shall be elected to take office on January 1,1985, for terms of four years and until their successors are elected and qualified. Thereafter, successors shall be elected in the general election in the year in which the terms of office expire and shall take office on the first day of January immediately following their election for terms of four years and until their successors are elected and qualified.
(d) Beginning January 1, 1985, and continuing thereafter, the board of commissioners shall, at its first meeting in January, elect a chairman from among its membership to serve for a term of one year."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
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Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1984 session of the General Assembly of Georgia a bill to change the composition of the districts from which members of the board of commissioners of Baldwin County are elected and to provide for their election; to provide for related matters; and for other purposes.
This 27th day of December, 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 Union Recorder which is the official organ of Baldwin County, on the following date: December 30,1983.
/s/ Culver Kidd Senator, 25th District
Sworn to and subscribed before me, this 15th day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 1, 1984.
3680 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
BROOKS COUNTY -- BOARD OF COMMISSIONERS -- MEMBERSHIP -- ELECTION DISTRICTS, ETC.
No. 613 (House Bill No. 1348).
AN ACT
To amend an Act creating the board of commissioners of Brooks County, approved August 11, 1881 (Ga. L. 1880-1881, p. 518), as amended, so as to reconstitute the membership of the board of commissioners; to provide for election of members of the board; to provide districts for and the manner of their election; to repeal an Act relating to election of members of the board of commissioners of Brooks County, approved December 20,1898 (Ga. L. 1898, p. 355); to repeal an Act relating to election of members of the board of commissioners of Brooks County, approved August 9, 1911 (Ga. L. 1911, p. 389), as amended by an Act approved August 2,1916 (Ga. L. 1916, p. 365); to provide for other matters related 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 Brooks County, approved August 11, 1881 (Ga. L. 1880-1881, p. 518), as amended, is amended by striking Section II and inserting in its place a new Section II to read as follows:
"Section II. (a) The board of commissioners of Brooks County shall consist of five members. The members in office on the effective date of this section shall serve out the remainder of the terms for which they were elected; and their successors shall be elected as provided in this section.
(b) One member shall be elected from each of the five commissioner districts described in subsection (g) of this section. At the
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general election in 1984 and quadrennially thereafter there shall be elected one member from Commissioner District No. 4 and one member from Commissioner District No. 5. At the general election in 1986 and quadrennially thereafter there shall be elected one member from Commissioner District No. 1, one member from Commissioner District No. 2, and one member from Commissioner District No. 3.
(c) Each member of the board must be at least 25 years of age, must have been a resident of Brooks County for a period of two years next preceding the beginning of his term, and must be a resident of the district he represents. Each member of the board shall be elected by majority vote and by only the voters of the district he represents.
(d) The terms of all members of the board shall be for four years; and each such term shall begin on the first day of January next following the member's election.
(e) Any vacancy on the board of commissioners shall be filled as provided by general law.
(f) Beginning with the first meeting of the board in January of 1985, a chairman shall be elected at the first meeting of the board in January of each year to serve until the election of his successor in January of the next year.
(g) The five districts for election of members of the board of commissioners of Brooks County are described by the following boundaries:
COMMISSIONER DISTRICT NO. 1
Beginning within the City of Quitman, at the intersection of the centerline of U.S. Highway No. 84 with the centerline of Culpepper Street; and running north along the centerline of North Culpepper Street to its intersection with the centerline of East Davis Street; thence east along the centerline of East Davis Street to its intersection with the centerline of North Washington Street; thence north along the centerline of North Washington Street to its intersection with the original boundary of the City of Quitman; thence East along the city boundary to its intersection with the West boundary line of lands annexed to the City of Quitman by Ordinance No. 155 (Hillsdale Heights Subdivision), a plat of said annex being recorded in Plat Book 5, Page 242, Records of the
3682 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Clerk of the Superior Court of Brooks County, which is by reference incorporated herein as part of this description; thence northerly, easterly and southerly around the boundary of said annex to the original city boundary which is the intersection of the original boundary line with the west margin of Reddick Street, (said annex being bounded on the west by State Route 33, North by the north original land lot line of lot No. 350 of the 12th Land District, and on the East by the City of Quitman Cemetery and Reddick Street); thence East along the northern boundary line of the City of Quitman to its intersection with the centerline of Ga. Highway No. 76; thence northeasterly along said centerline of said highway to its intersection with Okapilco Creek; thence north along Okapilco Creek to its intersection with Ga. Power Transmission Line (Thomasville-Pine Grove transmission line); thence west along said transmission line to its intersection with the centerline of County Road No. S-1209 (Tallokas Road); thence north along the centerline of said road to its intersection with the centerline of Ga. Highway No. 122; thence east along the centerline of said highway to its intersection with the centerline of County Road No. 136; thence north along its centerline to its intersection with the Colquitt County line; thence west along the Colquitt-Brooks County line to its intersection with the Thomas County Line; thence south along the Thomas-Brooks County line to its intersection with County Road No. 195; thence east along the centerline of said road to its intersection with the centerline of County Road No. 269 (Dry Lake Road); thence east along the centerline of said road to its intersection with the centerline of County Road No. 184; thence south along said centerline of said road to its intersection with the centerline of U.S. Highway No. 84; thence east along the centerline of said highway to its intersection with the centerline of Webster Street; thence north along centerline of said street to its intersection with the centerline of West Bartow Street; thence east along centerline of said street to its intersection with the centerline of North Warren Street; thence south along centerline of said street to its intersection with U.S.Highway No. 84 (Screven Street); thence east along centerline of said highway to its intersection with the centerline of Culpepper Street, the point of beginning.
COMMISSIONER DISTRICT NO. 2
Beginning within the City of Quitman at the intersection of the centerline of U.S. Highway No. 84 (Screven Street) with the
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centerline of the South Georgia Railroad right-of-way; thence north along said centerline of said railroad to its intersection with the northern boundary of the City of Quitman; thence east along the boundary of said city to its intersection with the centerline of Ga. Highway No. 76; thence northerly along said centerline of said road to its intersection with the centerline of County Road S1213 (Troupeville Road); thence easterly along the centerline of said road to its intersection with the centerline of County Road No. 14 (Julian Williams Road); thence northerly along the centerline of said road to its intersection with County Road No. 30 (Crosby Town Road); thence north along the centerline of said road to its intersection with the centerline of County Road No. 3 (P. Lazarus Road); thence north along the centerline of said road to its intersection with the centerline of County Road No. 10; thence easterly along its centerline to its intersection with the centerline of State Highway No. 94, thence northwesterly along the centerline of said highway to its intersection with Downing Creek; thence easterly along Downing Creek to its intersection with Slaughter Creek and continuing east along the confluence of Slaughter and Downing Creeks to its intersection with the Lowndes County line; thence south along the Lowndes-Brooks County Line (Little River and Withlacoochee River) to the Florida State Line; thence east along the State line to its intersection with the Withlacoochee River; thence northerly and easterly along the Withlacoochee River back to the Florida State Line; thence west along the Florida State line to its intersection with the centerline of U.S. Highway No. 221, (Greenville Highway); thence northerly and easterly along the centerline of said highway to its intersection with the boundary of the City of Quitman; thence easterly along the boundary of the City of Quitman to its intersection with the centerline of the South Ga. Railroad right-of-way; thence north along said centerline of said right-of-way to its intersection with the centerline of U.S. Highway No. 84, the point of beginning.
COMMISSIONER DISTRICT NO. 3
Beginning within the City of Quitman at the intersection of the centerline of U.S. Highway No. 84 with the centerline of Culpepper Street and running south along the centerline of South Culpepper Street to its intersection with the centerline of the Seaboard Coastline Railroad right-of-way to its intersection with the centerline of County Road No. S1212 (Grooverville Road);
3684 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
thence running southerly along said centerline of said road to its intersection with the centerline of County Road No. 91; thence running North along the centerline of said road to its intersection with the centerline of County Road No. 56 (Frank Groover Road); thence running west along the centerline of said road to its intersection with County Road No. 78 (B.T. Cook Road); thence running North along the centerline of said road to its intersection with County Road No. 58; thence running west along the centerline of said road to its intersection with the centerline of Georgia Highway No. 364; thence running along the centerline of said highway west to its intersection with the Thomas County line; thence running north along said Thomas-Brooks County Line to its intersection with County Road No. 195; thence east along the centerline of said road to its intersection with the centerline of County Road No. 269 (Dry Lake Road); thence east along the centerline of said road to its intersection with the centerline of County Road No. 184; thence south along said centerline of said road to its intersection with the centerline of U. S. Highway No. 84; thence east along the centerline of said highway to its intersection with the centerline of Webster Street; thence north along said centerline of said street to its intersection with the centerline of West Bartow Street; thence east along the centerline of said street to its intersection with the centerline of North Warren Street; thence south along said centerline of said street to its intersection with U.S. Highway No. 84 (Screven Street); thence east along said centerline of said highway to its intersection with the centerline of Culpepper Street, the point of beginning.
COMMISSIONER DISTRICT NO. 4
Beginning at the intersection of the centerline of State Highway No. 76 and Okapilco Creek; thence north along Okapilco Creek to its intersection with Ga. Power Transmission Line (ThomasvillePine Grove transmission line); thence west along said transmission line to its intersection with the centerline of County Road No. S-1209 (Tallokas Road); thence north along said centerline of said road to its intersection with the centerline of Ga. Highway No. 122; thence east along the centerline of said highway to its intersection with the centerline of County Road No. 136; thence north along its centerline to its intersection with the Colquitt County line; thence east and north along the Colquitt-Brooks County Line to its intersection with the Cook County line (Little River); thence southeasterly along the Cook-Brooks County Line
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to its intersection with the Lowndes County line; thence along the Lowndes-Brooks County line to its intersection the confluence of the Slaughter and Downing Creeks; thence westerly along said creek to the fork of Downing Creek; thence westerly along Downing Creek to its intersection with the centerline of State Highway No. 94; thence south along said road to its intersection with the centerline of County Road No. 10 (Pauline Church Road; thence southerly along the centerline of said road to its intersection with the centerline of County Road No. 3 (P. Lazarus Road); thence south along the centerline of said road to its intersection with the centerline of County Road No. 30 (Crosby Town Road); thence southerly along the centerline of said road to its intersection with the centerline of County Road No. 14 (Julian Williams Road); thence south along the centerline of said road to its intersection with the centerline of County Road No. S1213 (Troupeville Road); thence southwesterly along the centerline of said road to its intersection with the centerline of State Highway No. 76; thence southerly along its centerline to the Okapilco Creek, the point or place of beginning.
COMMISSIONER DISTRICT NO. 5
Beginning within the City of Quitman, at the intersection of the center line of U.S. Highway 84 with the centerline of Culpepper Street; and running north along the centerline of North Culpepper Street to its intersection with the centerline of East Davis Street; thence east along the centerline of East Davis Street to its intersection with the centerline of North Washington Street; thence north along the centerline of North Washington Street to its intersection with the original boundary of the City of Quitman; thence East along the city boundary to its intersection with the West boundary line of lands annexed to the City of Quitman by Ordinance No. 155 (Hillsdale Heights Subdivision), a plat of said annex being recorded in Plat Book 5, Page 242, Records of the Clerk of the Superior Court of Brooks County, which is by reference incorporated herein as part of this description; thence northerly, easterly and southerly around the boundary of said annex to the original city boundary which is the intersection of the original boundary line with the west margin of Reddick Street, said annex being bounded on the west by State Route 33, North by the north original land lot line No. 350 of the 12th Land District, and on the East by the City of Quitman Cemetery and Reddick Street); thence East along the northern boundary of the City of
3686 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Quitman to its intersection with the centerline of the South Georgia Railroad right-of-way; thence south along the centerline of said right-of-way to its intersection with the southern boundary of the City of Quitman; thence westerly along the boundary of said City to its intersection with the centerline of U.S. Highway No. 221 (Greenville Highway); thence southerly along the centerline of said highway to its intersection with the Florida State Line; thence west along said state line to its intersection with the Thomas County Line; thence north along the Thomas-Brooks line to its intersection with the centerline of State Highway 364; thence east along said highway centerline to its intersection with the centerline of County Road No. 58; thence easterly along said centerline to its intersection with the centerline of County Road No. 78 (B.T. Cook Road); thence south along the centerline of said road to its intersection with the centerline of County Road No. 56 (Frank Groover Road); thence east along the centerline of said road to its intersection with the centerline of County Road No. 91; thence south along the centerline of said road to its intersection with the centerline of County Road No. S1212 (Grooverville Road); thence northeasterly along the centerline of said road to its intersection with the centerline of the Seaboard Coastline Railroad right-of-way; thence east along the centerline of said right-ofway to its intersection with the centerline of South Culpepper Street; thence north along the centerline of said street to its intersection with the centerline of U.S. Highway No. 84 (Screven Street), the point or place of beginning."
Section 2. The following laws are repealed in their entirety:
(1) An Act relating to election of members of the board of commissioners of Brooks County, approved August 9,1911 (Ga. L. 1911, p. 389), as amended by an Act approved August 2,1916 (Ga. L. 1916, p. 365); and
(2) An Act relating to election of members of the board of commissioners of Brooks County, approved December 20, 1898 (Ga.L. 1898, p.355).
Section 3. All laws and parts of laws in conflict with this Act are repealed.
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Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1984 session of the General Assembly of Georgia a bill to provide for reapportionment of the Board of Commissioners of Brooks County; to provide for election of members of the Board; to provide districts for the manner of their election; to provide for other related matters; and for other purposes.
This 12th day of January, 1984.
Long & Denton By: A. D. Denton
Attorney for the Board of Commissioners Brooks County, Georgia
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 date: January 19, 1984.
/s/ Henry L. Reaves Representative, 147th District
3688 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 27th day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 1,1984.
JEFF DAVIS COUNTY -- COMPOSITION OF COMMISSIONER DISTRICTS -- MANNER OF
ELECTION OF COMMISSIONERS, ETC.
No. 614 (House Bill No. 1624).
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 for the manner of election and terms of said board; to change the compensation of the members of said board; to change the times of meetings of said board; to repeal an Act changing the composition of the districts from which members of the board of commissioners are elected, approved March 18,1983 (Ga. L. 1983, p. 4334); to provide 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 Jeff Davis County, approved March 25, 1958 (Ga. L. 1958, p. 3288), as amended, is amended by adding after Section 1 a new Section 1A to read as follows:
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"Section 1A. (a) The members of the board of commissioners of Jeff Davis County serving on the effective date of this Act shall continue to serve until the expiration of their terms of office. For the purpose of electing members of the board of commissioners of Jeff Davis County in 1984 and thereafter, Jeff Davis County is divided into five commissioner districts. One member shall be elected from each commissioner district by majority vote of the qualified voters within such commissioner district. 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 (GA135) 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.
3690 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. Highway 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
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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. Highway 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.
(b) All members of the board of commissioners shall be nominated and elected in accordance with the provisions of Chapter 2 of Title 21 of the O.C.G.A., known as the `Georgia Election Code.'
(c) Members of the board of commissioners elected pursuant to subsection (a) of this section and future successors to such members shall take office on the first day of January immediately following their election and they shall serve for terms of office of four years and until their successors are elected and qualified."
Section 2. Said Act is further amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows:
"Section 2. The board shall elect a chairman who shall serve at the pleasure of the board. The chairman shall be compensated in the amount of $250.00 per month. The other members of the board shall be compensated in the amount of $200.00 per month, and the clerk
3692 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
shall be compensated in the amount not to exceed $200.00 per month. Such compensation shall be paid from the funds of Jeff Davis County. No member of said board shall receive any other compensation whatever for expenses or otherwise for any services or expenses incurred within Jeff Davis County. Should it become necessary for any member of said board to transact business for the county outside the limits of Jeff Davis County, then his expenses only shall be paid out of the general funds of the county."
Section 3. Said Act is further amended by striking the first unnumbered paragraph of Section 6 and inserting in lieu thereof the following paragraph:
"The board of commissioners shall hold a regular meeting on the second Tuesday of each month. At the first meeting of the members of the board held immediately following their election, the judge of the Probate Court of Jeff Davis County shall turn over to them all records, books, and official records pertaining and belonging to the county connected with the business of the county, together with all county property, a full inventory of the same, and a full and complete statement showing the financial condition of the county. A complete audit of the books of said county shall be made at this time by a certified public accountant. At this meeting, or as soon thereafter as practicable, the board of commissioners shall organize by electing one of the members as chairman and one as vice-chairman. Any chairman or vice-chairman shall hold his office until his successor is elected, and nothing in this Act shall prevent the reelection of any chairman or vice-chairman."
Section 4. An Act entitled "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.", approved March 18,1983 (Ga. L. 1983, p. 4334), is repealed in its entirety.
Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 6. All laws and parts of laws in conflict with this Act are repealed.
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Notice of Intent to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1984 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. L. 1958, P. 3288), as amended; and for other purposes.
This 25th day of January, 1984.
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Roger C. 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 Legislation was published in the Jeff Davis County Ledger which is the official organ of Jeff Davis County, on the following date: January 25, 1984.
/s/ Roger C. Byrd Representative, 153rd District
Sworn to and subscribed before me, this 6th day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 1,1984.
3694 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
COWETA COUNTY -- ROAD DISTRICTS CHANGED -- ELECTION OF COMMISSIONERS.
No. 615 (House Bill No. 1631).
AN ACT
To amend an Act creating a Board of Commissioners of Coweta County, approved August 1,1906 (Ga. L. 1906, p. 399), as amended, particularly by an Act approved March 23, 1972 (Ga. L. 1972, p. 2388), so as to amend, change, and redefine the road districts in Coweta County; to provide for the election of commissioners by the qualified voters of their respective road districts; 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 Coweta County, approved August 1, 1906 (Ga. L. 1906, p. 399), as amended, particularly by an Act approved March 23, 1972 (Ga. L. 1972, p. 2388), is amended by striking Section 3 in its entirety and substituting in lieu thereof a new Section 3 to read as follows:
"Section 3. Be it further enacted by the authority aforesaid that in order to guarantee representation to the different sections of the county on said board of commissioners that said Act be further amended by adding the following new section:
`That for the purposes of this Act, the County of Coweta shall be and is hereby divided into five road districts to be known and designated as Road Districts Numbers 1, 2, 3, 4, and 5 and more particularly described as follows:
FIRST ROAD DISTRICT
BEGINNING at the intersection made by the center line of Stallings Road with Line Creek, and running thence in a southwesterly direction along the center line of Stallings Road and Byron Road to its intersection with Keg Creek; thence in a westerly direction along the meanderings made by Keg Creek to its intersection with the center line of Reese Road; thence in a northerly direction along the
GEORGIA LAWS 1984 SESSION
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center line of Reese Road to its intersection with the center line of Auger Road; thence in a westerly direction along the center line of Auger Road with its intersection with the east city limit of the Town of Sharpsburg; thence in a southerly, westerly, southwesterly, westerly and northwesterly direction along the city limit line of the Town of Sharpsburg to its intersection with the center line of Georgia Highway 16; thence in a westerly direction along the center line of Georgia Highway 16 to its intersection with the center line of Poplar Road; thence in a northwesterly and westerly direction along the center line of Poplar Road to its intersection with the center line of Interstate Highway 85; thence in a northerly direction along the center line of Interstate Highway 85 to its intersection with the center line of Georgia Highway 34; thence in a westerly direction along the center line of Georgia Highway 34 to its intersection with the easternmost limit of the City of Newnan; thence following the city limit line of the City of Newnan westerly, southerly, westerly, northerly, westerly and southerly to its intersection with the center line of the Atlanta and West Point Railroad; thence in a southerly direction along the center line of the Atlanta and West Point Railroad to its intersection with the center line of Pine Road; thence in a northwesterly direction along the center line of Pine Road to its intersection with the center line of Old Corinth Road; thence in a southwesterly direction along the center line of Old Corinth Road to its intersection with the center line of Potts Road to its intersection with the center line of Potts Road; thence in a southerly direction along the center line of Potts Road to its intersection with the center line of Emmett Young Road; thence in a westerly and southerly direction along the center line of Emmett Young Road to its intersection with the center line of Bethlehem Church Road; thence easterly, southerly and easterly along the center line of Bethlehem Church Road to its intersection with the center line of Cline Road; thence in a southwesterly direction along the center line of Cline Road to its intersection with the center line of Polk Road; thence in an easterly direction along the center line of Polk Road to its intersection with the center line of U. S. Highway 29; thence in a southwesterly direction along the center line of U. S. Highway 29 to its intersection with the center line of Levi Bradberry Road; thence in a
3696 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
southerly direction along the center line of Levi Bradberry Road to the city limit of the City of Grantville; thence in an easterly, southerly and westerly direction along the city limit of the City of Grantville to its intersection with the center line of Levi Bradberry Road; thence in a southerly direction along the center line of Levi Bradberry Road to its intersection with the center line of Lowery Road; thence in a southeasterly direction along the center line of Lowery Road to its intersection with the south line of Coweta County; thence in an easterly direction along the meanderings made by the south line of Coweta County to its intersection with Line Creek; thence in a northerly direction along the meanderings made by Line Creek to the beginning point.
SECOND ROAD DISTRICT
BEGINNING at the intersection made by the center line of U. S. Highway 29 South with the center line of the Atlanta & West Point Railroad, and running thence in a southerly direction along the center line of the Atlanta & West Point Railroad to its intersection with the center line of Pine Road; thence in a northwesterly direction along the center line of Pine Road to its intersection with the center line of Old Corinth Road; thence in a southwesterly direction along the center line of Old Corinth Road to its intersection with the center line of Potts Road; thence in a southerly direction along the center line of Potts Road to the center line of Emmett Young Road; thence in a westerly and southerly direction along the center line of Emmett Young Road to its intersection with the center line of Bethlehem Church Road; thence easterly, southerly and easterly along the center line of Bethlehem Church Road to its intersection with the center line of Cline Road; thence in a southwesterly direction along the center line of Cline Road to its intersection with the center line of Polk Road; thence in an easterly direction along the center line of Polk Road to its intersection with the center line of U. S. Highway 29; thence in a southwesterly direction along the center line of U. S. Highway 29 to its intersection with the center line of Levi Bradberry Road; thence in a southerly direction along the center line of Levi Bradberry Road to the city limit of the City of Grantville; thence in an easterly, southerly and
GEORGIA LAWS 1984 SESSION
3697
westerly direction along the city limit of the City of Grantville to its intersection with the center line of Levi Bradberry Road; thence in a southerly direction along the center line of Levi Bradberry Road to its intersection with the center line of Lowery Road; thence in a southeasterly direction along the center line of Lowery Road to its intersection with the south line of Coweta County; thence in a westerly direction along the meanderings made by the south line of Coweta County to the common corner of Coweta, Troup and Heard Counties; thence in a northwesterly direction along the meanderings made by the east line of Heard County to its intersection with the Chattahoochee River; thence in an easterly direction along the meanderings of the Chattahoochee River to its intersection with Wahoo Creek; thence in a southeasterly direction along the meanderings made by Wahoo Creek to its intersection with the center line of Welcome-Sargent Road; thence in a southerly direction along the center line of WelcomeSargent Road to its intersection with the center line of Welcome Road; thence in an easterly direction along the center line of Welcome Road to its intersection with the center line of Smith Chapel Road; thence in a northerly direction along the center line of Smith Chapel Road and Welcome-Arnco Road to its intersection with the center line of Glover Road; thence in a southeasterly direction along the center line of Glover Road to its intersection with the center line of Georgia Highway 16; thence in a southeasterly direction along the center line of Georgia Highway 16 to its intersection with the center line of Mulberry Street; thence in a westerly and southerly direction along the center line of Mulberry Street to its intersection with the center line of Beech Street; thence in a westerly direction along the center line of Beech Street to its intersection with the center line of Loblolly Drive; thence in a southerly direction along the center line of Loblolly Drive to its intersection with the center line of Franklin Highway; thence in a westerly direction along the center line of Franklin Highway to its intersection with the center line of Heery Road; thence in a southerly direction along the center line of Heery Road to its intersection with the center line of Westside School Road; thence in a westerly direction along the center line of Westside School Road to its intersection with the center line of Ingram Road; thence in a
3698 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
southerly direction along the center line of Ingram Road to its intersection with the center line of Fourth Street Extension; thence in an easterly direction along the center line of Fourth Street Extension to its intersection with the center line of Belt Road; thence in a southerly direction along the center line of Belt Road to its intersection with the center line of LaGrange Street Extension; thence in an easterly direction along the center line of LaGrange Street Extension to the center line of Waterworks Road; thence in a southerly direction along the center line of Waterworks Road to its intersection with the center line of Sewell Road; thence in an easterly direction along the center line of Sewell Road to its intersection with the center line of U. S. Highway 29; thence in a southerly direction along the center line of U. S. Highway 29 to its intersection with the center line of the Atlanta & West Point Railroad and the point of beginning.
THIRD ROAD DISTRICT
BEGINNING at the intersection made by the center line of Kellogg Street with the center line of Temple Avenue in the City of Newnan and run thence in a westerly direction along the center line of Temple Avenue to its intersection with the center line of Franklin Highway; thence in a westerly direction along the center line of Franklin Highway to its intersection with the center line of Loblolly Drive; thence in a northerly direction along the center line of Loblolly Drive to its intersection with the center line of Beech Street; thence in an easterly direction along the center line of Beech Street to its intersection with the center line of Mulberry Street; thence in a northerly direction along the center line of Mulberry Street to its intersection with the center line of Georgia Highway 16; thence in a northwesterly direction along the center line of Georgia Highway 16 to its intersection with the center line of Glover Road; thence in a northwesterly direction along the center line of Glover Road to its intersection with the center line of Welcome-Arnco Road; thence in a southwesterly direction along the center line of Welcome-Arnco Road to its intersection with the center line of Smith Chapel Road; thence in a southerly direction along the center line of Smith Chapel Road to its intersection with the center line of
GEORGIA LAWS 1984 SESSION
3699
Welcome Road; thence in a westerly direction along the center line of Welcome Road to its intersection with the center line of Welcome-Sargent Road; thence in a northerly direction along the center line of Welcome-Sargent Road to its intersection with Wahoo Creek; thence in a northwesterly direction along the meanderings made by Wahoo Creek to the Chattahoochee River; thence in a northeasterly direction along the meanderings made by the Chattahoochee River to its intersection with the north line of Coweta County; thence in an easterly direction along the north line of Coweta County to its intersection with the center line of Shell Road; thence in a southerly direction along the center line of Shell Road to its intersection with the center line of the Tommy Lee Cook Road; thence continue in a southerly direction along the center line of Cedar Creek Road to its intersection with the center line of Happy Valley Road; thence in a southerly direction along the center line of Happy Valley Road to the center line of Edgeworth Road; thence southeasterly along the centerline of Edgeworth Road to its point of intersection with the centerline of U. S. Highway 29; thence southwesterly along the centerline of U. S. Highway 29 to its point of intersection with the centerline of Herring Road; thence southeasterly and southerly along the centerline of Herring Road to its point of intersection with the centerline of Green Top Road; thence westerly along the centerline of Green Top Road to its point of intersection with the centerline of U. S. Highway 29; thence in a southerly direction along the center of U. S. Highway 29 and Jackson Street to its intersection of the center line of Elm Street; thence in a westerly direction along the center line of Elm Street to its intersection with the center line of Carmichael Street; thence in a southerly direction along the center line of Carmichael Street to its intersection with the center line of Clark Street; thence in an easterly direction along the center line of Clark Street to its intersection with its center line of Kellogg Street; thence in a southerly direction along the center line of Kellogg Street to the beginning point.
FOURTH ROAD DISTRICT
BEGINNING at the intersection made by the center line of Stallings Road with Line Creek, and running thence in a
3700 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
southwesterly direction along the center line of Stallings Road and Byron Road to its intersection with Keg Creek; thence in a westerly direction along the meanderings made by Keg Creek to its intersection with the center line of Reese Road; thence in a northerly direction along the center line of Reese Road to its intersection with the center line of Auger Road; thence in a westerly direction along the center line of Auger Road to its intersection with the east city limit of the Town of Sharpsburg; thence in a southerly, westerly, southwesterly, westerly and northwesterly direction along the city limit line of the Town of Sharpsburg to its intersection with the center line of Georgia Highway 16; thence in a westerly direction along the center line of Georgia Highway 16 to its intersection with the center line of Poplar Road; thence in a northwesterly and westerly direction along the center line of Poplar Road to its intersection with the center line of Interstate Highway 85; thence in a northerly direction along the center line of Interstate Highway 85 to its intersection with the center line of Georgia Highway 34; thence in a westerly direction along the center line of Georgia Highway 34 to its intersection with the easternmost limit of the City of Newnan; thence following the city limit line of the City of Newnan westerly, southerly, westerly, northerly, westerly and southerly to its intersection with the center line of Lower Fayetteville Road; thence in a westerly direction along the center line of Lower Fayetteville Road to its intersection with the center line of Roberts Road; thence in a northerly direction along the center line of Roberts Road to its intersection with the center line of East Washington Street; thence in a westerly direction along the center line of East Washington Street to its intersection with the center line of Atlanta & West Point Railroad; thence in a northerly direction along the center line of Atlanta & West Point Railroad to its intersection with the center line of Jefferson Street; thence in a westerly and southerly direction along the center line of Jefferson Street to its intersection with the center line of Posey Place; thence in a westerly direction along the center line of Posey Place to its intersection with the center line of Jackson Street; thence in a northerly direction along the center line of Jackson Street to its intersection with the center line of Temple Avenue; thence in a westerly direction along the center line of Temple
GEORGIA LAWS 1984 SESSION
3701
Avenue to its intersection with the center line of Kellogg Street; thence in a northerly direction along the center line of Kellogg Street to its intersection with the center line of Clark Street; thence in a westerly direction along the center line of Clark Street to its intersection with the center line of Carmichael Street; thence in a northerly direction along the center line of Carmichael Street to its intersection with the center line of Elm Street; thence in an easterly direction along the center line of Elm Street to the center line of Jackson Street; thence in a northerly direction along the center line of Jackson Street and U. S. Highway 29 to its intersection with the center line of Green Top Road; thence easterly along the centerline of Green Top Road to its point of intersection with the centerline of Herring Road; thence northwesterly and westerly along the centerline of Herring Road to its point of intersection with the centerline of U. S. Highway 29, thence northeasterly along the centerline of U. S. Highway 29 to its point of intersection with the centerline of Edgeworth Road; thence northwesterly along the centerline of Edgeworth Road to its intersection with the center line of Happy Valley Road; thence in a northerly direction along the center line of Happy Valley Road to its intersection with the center line of Cedar Creek Road; thence in an easterly and northerly direction along the center line of Cedar Creek Road to its intersection with the center line of Tommy Lee Cook Road; thence continue in a northerly direction along the center line of Shell Road to the north line of Coweta County; thence in an easterly direction along the meanderings made by the north line of Coweta County to its intersection with Line Creek; thence in a southerly direction along the meanderings made by Line Creek to the beginning point.
FIFTH ROAD DISTRICT
BEGINNING at the intersection made by the center line of Kellogg Street with the center line of Temple Avenue in the City of Newnan and run thence in a westerly direction along the center line of Temple Avenue to its intersection with the center line of Franklin Highway; thence in a westerly direction along the center line of Franklin Highway to its intersection with the center line of Heery Road; thence in a southerly direction along the center line of
3702 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Heery Road to its intersection with the center line of Westside School Road; thence in a westerly direction along the center line of Westside School Road to its intersection with the center line of Ingram Road; thence in a southerly direction along the center line of Ingram Road to its intersection with the center line of Fourth Street Extension; thence in an easterly direction along the center line of Fourth Street Extension to its intersection with the center line of Belt Road; thence in a southerly direction along the center line of Belt Road to its intersection with the center line of LaGrange Street Extension; thence in an easterly direction along the center line of LaGrange Extension to its intersection with the center line of Waterworks Road; thence in a southerly direction along the center line of Waterworks Road to its intersection with the center line of Sewell Road; thence in an easterly direction along the center line of Sewell Road to its intersection with the center line of U. S. Highway 29; thence in a southerly direction along the center line of U. S. Highway 29 to the center line of the Atlanta & West Point Railroad; thence in a northerly direction along the Atlanta & West Point Railroad to its intersection with the city limit of the City of Newnan; thence in an easterly direction along the meanderings made by the city limit of the City of Newnan to its intersection with the center line of Lower Fayetteville Road; thence in a westerly direction along the center line of Lower Fayetteville Road to the center line of Roberts Road; thence in a northerly direction along the center line of Roberts Road to its intersection with the center line of East Washington Street; thence in a westerly direction along the center line of East Washington Street to its intersection with the center line of the Atlanta & West Point Railroad; thence in a northerly direction along the center line of the Atlanta & West Point Railroad to the center line of Jefferson Street; thence in a westerly and southerly direction along the center line of Jefferson Street to its intersection with the center line of Posey Place; thence in a westerly direction along the center line of Posey Place to its intersection with the center line of Jackson Street; thence in a northerly direction along the center line of Jackson Street to its intersection with the center line of Temple Avenue; thence in a westerly direction along the center line of Temple Avenue to its intersection with the center line of Kellogg Street and the point of beginning.
GEORGIA LAWS 1984 SESSION
3703
That after the passage of this Act, one commissioner shall hereafter be a resident of and be elected from each of said five road districts by the qualified voters of his or her respective road district, which said commissioners so elected shall compose the Board of Commissioners of Coweta County.'
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Legal Notice.
Notice is hereby given that there will be introduced at the 1984 session of the General Assembly of Georgia a bill to amend the Act creating a Board of Commissioners of Roads and Revenue in the County of Coweta (Georgia L. 1872, p. 405) as heretofore amended, providing for the reapportionment of the road districts of said county and for other purposes.
Vernon Hunter, Clerk Board of Commissioners Coweta County
Affidavit.
Georgia, Coweta County.
To Whom It May Concern:
This is to certify that the legal notice attached hereto has been published in The Newnan Times-Herald, legal organ for Coweta County, on the following dates, to-wit: December 22, 1983, December 29,1983, and January 5,1984.
/s/ Wm. W. Thomasson Publisher
3704 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 10 day of February, 1984.
/s/ Charles Van S. Mottola. Notary Public, State of Georgia. My Commission Expires 12-5-84. (Seal).
Approved March 5, 1984.
COWETA COUNTY BOARD OF EDUCATION -- COMPOSITION -- ELECTION AND TERMS OF
OFFICE OF MEMBERS -- REFERENDUM.
No. 616 (House Bill No. 1623). AN ACT
To provide for the composition of the Board of Education of Coweta County; to provide for the election and terms of office of the members of the board; to provide for filling vacancies on the board; to provide for other matters relative to the foregoing; to provide effective dates; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia: Section 1. As used in this Act, the term:
(1) `Board' means the Board of Education of Coweta County provided for in this Act.
(2) `Constitutional amendment' means the amendment to the Constitution of 1945 creating the Coweta County School System by merging the county school system of Coweta County and the independent school system of the City of Newnan which
GEORGIA LAWS 1984 SESSION
3705
was ratified at the 1968 general election and which is set forth in Georgia Laws 1968, pages 1452 through 1466.
Section 2. (a) The Board of Education of Coweta County shall be composed of seven members who shall be elected as provided in this Act. All members of the board shall be at least 25 years of age at the time of their election and of good moral character.
(b) For the purpose of electing the members of the board, the Coweta County School District shall be divided into seven education districts as follows:
Education District 1 shall consist of the Coweta County School District in its entirety.
Education District 2 shall consist of the Coweta County School District in its entirety.
Education District 3 shall consist of that territory of the Coweta County School District within the following boundaries:
All of Coweta County that lies northerly and easterly of the following described boundary line, to-wit:
Begin where the centerline of Shell Road (County Road 10) intersects the northern boundary of Coweta County (which is the southern boundary of Fulton County) and run thence southerly along the centerline of Shell Road to the point of intersection with Tommy Lee Cook Road (County Road 553) where Shell Road terminates and becomes County Road 12; thence southerly along the centerline of County Road 12 to the point of intersection with the centerline of County Road 29; thence westerly along the centerline of County Road 29 to the point of intersection with the centerline of County Road 21; thence southerly along the centerline of County Road 21 to the point of intersection with the centerline of County Road 19; thence southeasterly along the centerline of County Road 19 to its point of intersection with the centerline of the Newnan-Atlanta Road (State Route 14); thence southwesterly along the centerline of the NewnanAtlanta Road to its point of intersection with the centerline of County Road 43; thence easterly and southerly along the centerline of County Road 43 to its point of intersection with the centerline of County Road 41; thence westerly along the centerline of County Road 41 to its point of intersection with the centerline of the Newnan-Atlanta Road;
3706 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
run thence southerly and westerly along the centerline of said Newnan-Atlanta Road to the centerline of a city street within the city limits of Newnan known as Elm Street; thence westerly along said centerline of Elm Street to the centerline of Carmichael Street; thence southerly along the centerline of Carmichael Street to the centerline of Clark Street; thence easterly along the centerline of Clark Street to the centerline of Kellogg Place; thence southerly along the centerline of Kellogg Place to the intersection of the centerline of Temple Avenue; thence easterly along the centerline of Temple Avenue to the centerline of Jackson Street; thence southerly along the centerline of Jackson Street to the centerline of Posey Place; thence easterly along the centerline of Posey Place to the centerline of Jefferson Street; thence northerly and westerly along the centerline of Jefferson Street to the point of intersection of the Atlanta and West Point Railroad; thence southerly along the Atlanta and West Point Railroad to the point of intersection of the centerline of East Washington Street; thence easterly along the centerline of East Washington Street to the intersection of the centerline of Roberts Road; thence southerly along the centerline of Roberts Road to its point of intersection with the centerline of East Broad Street; thence southerly and easterly along the centerline of East Broad Street to the city limits of Newnan; thence northerly, easterly and northerly along the city limits of the City of Newnan to the point of intersection of the centerline of State Highway 34; thence easterly along the centerline of State Highway 34 to the point of intersection of the centerline of Interstate 85; thence southerly along the centerline of Interstate 85 to its point of intersection with the centerline of a county road known as Big Poplar Road; thence easterly and southerly along the centerline of Big Poplar Road to the point of intersection of the centerline of State Highway 16; thence easterly along the centerline of State Highway 16 to the city limits of Sharpsburg; thence easterly, southerly and northerly around the city limits of Sharpsburg to the centerline of Auger Road (also known as McIntosh Trail); thence easterly along the centerline of Auger Road (also known as McIntosh Trail) to its point of intersection with the centerline of County Road 71; thence southerly along the centerline of County Road 71 to its point of intersection with Keg Creek; thence southerly and easterly along the centerline of Keg Creek to its point of intersection with the centerline of a county road known as Byrom Road; thence northerly and easterly along the centerline of said Byrom Road and continuing along the centerline of Stallings Road to its point of intersection with the eastern boundary of Coweta County.
GEORGIA LAWS 1984 SESSION
3707
Education District 4 shall consist of that territory of the Coweta School District within the following boundaries:
All of Coweta County that lies southerly and easterly of the following boundary line, to-wit:
Begin at the point of intersection of the centerline of Stallings Road with the eastern boundary of Coweta County and from said beginning point, run thence southerly and westerly along the centerline of Stallings Road continuing along the centerline of Byrom Road to its point of intersection with Keg Creek; thence northerly and westerly along the meanderings of Keg Creek to its point of intersection with the centerline of County Road 71; thence northerly along the centerline of County Road 71 to its point of intersection with the center line of Auger Road; thence westerly along the centerline of Auger Road to its point of intersection with the eastern boundary of the city limits of Sharpsburg; thence southerly and westerly around the city limits of the City of Sharpsburg to its point of intersection with the centerline of State Highway 16; thence westerly along the centerline of State Highway 16 to its point of intersection with the centerline of Big Poplar Road; thence northerly and westerly along the centerline of Big Poplar Road to its point of intersection with the centerline of Interstate 85; thence northerly along the centerline of Interstate 85 to its point of intersection with the centerline of State Highway 34; thence westerly along the centerline of State Highway 34 to its point of intersection with the city limits of Newnan; thence southerly, westerly and southerly around the existing city limits of the City of Newnan to its point of intersection with the Atlanta and West Point Railroad; thence southerly along the centerline of the Atlanta and West Point Railroad to its point of intersection with Pine Road; thence northwesterly along the centerline of Pine Road to its point of intersection with Old Corinth Road; thence southerly along the centerline of Old Corinth Road to its point of intersection with Potts Road; thence southerly along the centerline of Potts Road to its point of intersection with County Road 556; thence southeasterly along the centerline of County Road 556 to its intersection with the centerline of County Road 220; thence southerly along the centerline of County Road 220 to its point of intersection with the centerline of Bethlehem Church Road; thence easterly and southerly along the centerline of Bethlehem Church Road to its point of intersection with the centerline of Cline Road; thence southerly along the centerline of Cline Road to its point of intersection with the centerline of County Road 226; thence southerly and easterly along the centerline of
3708 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
County Road 226 to its point of intersection with the centerline of U. S. Highway 29 (State Route 14); thence southerly along the centerline of U. S. Highway 29 (State Route 14) to its point of intersection with the centerline of Levi Bradberry Road; thence in a southerly direction along the centerline of Levi Bradberry Road to its point of intersection with the northern boundary of the city limits the City of Grantville; thence easterly, southerly and westerly around the city limits of the City of Grantville to the point of intersection with the centerline of County Road 213; thence southerly along the centerline of County Road 213 to its point of intersection with County Road 209; thence southerly along the centerline of County Road 209 to its point of intersection with the southern boundary of Coweta County.
Education District 5 shall consist of that territory of the Coweta County School District within the following boundaries:
Begin at the point of intersection of the centerline of County Road 209 with the south line of Coweta County and from said point run thence northerly along the centerline of County Road 209 to the point of intersection with the centerline County Road 213; thence northerly along the centerline of County Road 213 to its point of intersection with the city limits of the City of Grantville; thence easterly, northerly and westerly around the city limits of the City of Grantville to the point of intersection with the Levi Bradberry Road; thence northerly along the centerline of Levi Bradberry Road to its point of intersection with the centerline of U. S. Highway 29 (State Route 14); thence northeasterly along the centerline of U. S. Highway 29 (State Route 14) to the point of intersection with the centerline of County Road 226; thence westerly along the centerline of County Road 226 to its point of intersection with the centerline of Cline Road; thence northeasterly along the centerline of Cline Road to the point of intersection with the centerline of Bethlehem Church Road; thence westerly and northerly along the centerline of Bethlehem Church Road to the point of intersection with the centerline of County Road 220; thence northerly along the center line of County Road 220 to its point of intersection with County Road 556; thence easterly along the centerline of County Road 556 to its point of intersection with the centerline of Potts Road; thence northerly along the centerline of Potts Road to its point of intersection with the centerline of Old Corinth Road; thence easterly along the centerline of Old Corinth Road to its point of intersection with the centerline of Pine Road; thence southeasterly along the centerline of Pine Road to its point of intersection with the centerline of Atlanta and West Point Railroad; thence northerly
GEORGIA LAWS 1984 SESSION
3709
along the centerline of Atlanta and West Point Railroad to the point of intersection with U. S. Highway 29; thence northerly along the centerline of U. S. Highway 29 to its point of intersection with the centerline of Nimmons Street; thence westerly along the centerline of Nimmons Street to the point of intersection with the centerline of LaGrange Street; thence westerly and southerly along the centerline of LaGrange Street and Smokey Road to the point of intersection with the centerline of Belt Road; thence northerly along the centerline of Belt Road to the point of intersection with the centerline of Wallace Gray Road; thence westerly, along the centerline of Wallace Gray Road to its point of intersection with the centerline of Ingram Road; thence northerly along the centerline of Ingram Road to the point of intersection with the centerline of Westside School Road; thence northerly along the centerline of Westside School Road to its point of intersection with the centerline of Heery Road; thence northerly along the centerline of Heery Road to the point of intersection with the centerline of Franklin Road; thence easterly along the centerline of Franklin Road to the point of intersection with the centerline of Loblolly Drive; thence northerly along the centerline of Loblolly Drive to the point of intersection with the centerline of Beech Street; thence easterly along the centerline of Beech Street to the point of intersection with the centerline of Mulberry Street; thence northerly along the centerline of Mulberry Street to the point of intersection with the centerline of Carrollton Highway (also known as State Route 16 West); thence northwesterly along the centerline of said Carrollton Highway to the point of intersection with the centerline of Glover Road; thence continue along the centerline of Glover Road to a point where said Glover Road intersects with County Road 304; thence southerly along the centerline of County Road 304 to its point of intersection with the centerline of County Road 305; thence southerly along the centerline of County Road 305 to its point of intersection with Welcome Road; thence westerly along the centerline of Welcome Road to its point of intersection with Wahoo Creek; thence northerly and westerly along the meanderings of Wahoo Creek to the point of intersection with the Chattahoochee River and the boundary of Coweta County.
Education District 6 shall consist of that territory of the Coweta County School District within the following boundaries:
Begin at the point of intersection of the centerline of Lower Fayetteville Road (also known as East Broad Street) at its point of intersection with the present city limits of Newnan and run thence
3710 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
southwesterly along the city limits of Newnan to its point of intersection with the Atlanta and West Point Railroad; thence northerly along the centerline of the Atlanta and West Point Railroad to the point of intersection of the centerline of U. S. Highway 29; thence northerly along the centerline of U. S. Highway 29 to its point of intersection with the centerline of Nimmons Street; thence westerly along the centerline of Nimmons Street to its point of intersection with the centerline of LaGrange Street; thence southerly and westerly along the centerline of LaGrange Street and continuing along the centerline of Smokey Road to its point of intersection with the centerline of Belt Road; thence northerly along the centerline of Belt Road to its point of intersection with the centerline of Wallace Gray Road; thence westerly along the centerline of Wallace Gray Road to its point of intersection with the centerline of Ingram Road; thence northerly along the centerline of Ingram Road to its point of intersection with the centerline of Westside School Road; thence easterly along the centerline of Westside School Road to its point of intersection with the centerline of Heery Road; thence northerly and westerly along the centerline of Heery Road to its point of intersection with the centerline of Franklin Road (also State Highway 34); thence northeasterly along the centerline of Franklin Road to its point of intersection with Temple Avenue; thence easterly along the centerline of Temple Avenue to the point of intersection of the centerline of Jackson Street; thence southerly along the centerline of Jackson Street to the point of intersection with the centerline of Posey Place; thence easterly along the centerline of Posey Place to the point of intersection of the centerline of Jefferson Street and Bullsboro Drive; thence northerly and easterly along the centerline of Jefferson and Bullsboro Drive to its point of intersection with the centerline of the Atlanta and West Point Railroad; thence southerly along the centerline of Atlanta and West Point Railroad to its point of intersection with the centerline of East Washington Street; thence easterly along the centerline of East Washington Street to its point of intersection with the centerline of Roberts Road; thence southerly along the centerline of Roberts Road to its point of intersection with the centerline of East Broad Street; thence southerly and easterly along the centerline of East Broad Street to its point of intersection with the city limits of Newnan and the point of beginning.
Education District 7 shall consist of that territory of the Coweta County School District within the following boundaries:
GEORGIA LAWS 1984 SESSION
3711
All of Coweta County and a portion of the City of Newnan that lies northerly and westerly of the following described line, to-wit:
Begin where the centerline of Shell Road (County Road 10) intersects the northern boundary of Coweta County (which is the southern boundary of Fulton County) and run thence southerly along the centerline of Shell Road to the point of intersection with Tommy Lee Cook Road (County Road 553) where Shell Road terminates and becomes County Road 12; thence southerly along the centerline of County Road 12 to the point of intersection with the centerline of County Road 29; thence westerly along the centerline of County Road 29 to the point of intersection with the centerline of County Road 21; thence southerly along the centerline of County Road 21 to the point of intersection with the centerline of County Road 19; thence southeasterly along the centerline of County Road 19 to its point of intersection with the centerline of the Newnan-Atlanta Road (State Route 14); thence southwesterly along the centerline of the NewnanAtlanta Road to its point of intersection with the centerline of County Road 43; thence easterly and southerly along the centerline of County Road 43 to its point of intersection with the centerline of County Road 41; thence westerly along the centerline of County Road 41 to its point of intersection with the centerline of the Newnan-Atlanta Road; run thence southerly along the centerline of the Newnan-Atlanta Road to its point of intersection with the centerline of Elm Street; thence westerly to the point of intersection of the centerline of Carmichael Street; thence southerly along the centerline of Carmichael Street to its point of intersection with the centerline of Clark Street; thence easterly along the centerline of Clark Street to its point of intersection with Kellogg Place; thence southerly along the centerline of Kellogg Place to its point of intersection with the centerline of Temple Avenue; thence westerly along the centerline of Temple Avenue to its point of intersection with the centerline of Franklin Road; thence westerly along the centerline of Franklin Road to its point of intersection with the centerline of Loblolly Drive; thence northerly along the centerline of Loblolly Drive to its point of intersection with Beech Street; thence easterly along the centerline of Beech Street to its point of intersection with Mulberry Street; thence northerly along the centerline of Mulberry Street to its point of intersection with the centerline of Carrollton Highway (also known as State Highway 16); thence northwesterly along the centerline of Carrollton Highway to its point of intersection with the centerline of Glover Road; thence continue along the centerline of Glover Road to a point where said Glover Road intersects with County Road 304;
3712 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
thence southerly along the centerline of County Road 304 to its point of intersection with the centerline of County Road 305; thence southerly along the centerline of County Road 305 to its point of intersection with Welcome Road; thence westerly along the centerline of Welcome Road to its point of intersection with Wahoo Creek; thence northerly and westerly along the meanderings of Wahoo Creek to its point of intersection with the Chattahoochee River and the boundary of Coweta County.
(c) Any portion of the Coweta County School District which is not included within Education Districts 3 through 7 described in subsection (b) of this section shall be included within that Education District 3 through 7 which is contiguous to such portion and which has the least population according to the United States decennial census of 1980.
Section 3. (a) Candidates offering for election to the board shall designate the education district for which they are offering. There shall be elected one member from each of said districts. No person shall be eligible as a candidate for election to the board unless such person shall have been a bona fide resident of the education district for which such person is offering at least one year immediately preceding the date of the election. If members of the board move their residence from the respective education districts which they represent, their respective positions on the board shall thereby become vacant, and such vacancies shall be filled as provided in Section 5 of this Act. Candidates shall be elected by a majority vote of the qualified voters voting within their respective education districts as provided in subsection (b) of this section.
(b) The members of the board shall be nominated and elected at nonpartisan primaries and elections. The nonpartisan primaries shall be held on the same date as the general primary in the years during which general primaries are held and the nonpartisan elections shall be held on the same date as the general election in the years during which general elections are held. Except for being elected from education districts as provided for in this Act, each member of the board shall be nominated and elected at said nonpartisan primaries and elections in the same manner and subject to the same procedures and requirements as judges of state courts are nominated and elected in nonpartisan primaries and elections as provided in the applicable provisions of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, known as the "Georgia Election Code."
GEORGIA LAWS 1984 SESSION
3713
Section 4. (a) The first members of the board from Education Districts 1, 3,4, and 7 shall be elected as provided in subsection (b) of Section 3 of this Act at the general primary and 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 as provided in subsection (b) of Section 3 of this Act at the general primary and election which is held 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. The members elected in 1986 from Education Districts 1,3, and 7 as provided in this subsection shall be the successors to the members of the Board of Education of Coweta County who were elected pursuant to the constitutional amendment from Divisions 1,3, and 7 and whose regular terms of office expire on December 31, 1986. The member elected in 1986 from Education District 4 as provided in this subsection shall be the successor to the member of the Board of Education of Coweta County who was elected pursuant to the constitutional amendment from Division 4 and whose regular term of office expires on December 31,1985, and the term of office of such member is extended to expire on December 31, 1986. For the period beginning January 1,1987, and ending on January 1, 1988, the board shall consist of the four members elected as provided in this subsection and the remaining three members of the Board of Education of Coweta County who were elected pursuant to the constitutional amendment.
(b) The first members of the board from Education Districts 2, 5, and 6 shall be elected as provided in subsection (b) of Section 3 of this Act at the general primary and general election of 1988 and shall take office on the first day of January, 1989, for terms of four years and until their successors are elected and qualified. Thereafter, their successors shall be elected as provided in subsection (b) of Section 3 of this Act at the general primary and election which is held 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. The member elected in 1988 from Education District 2 as provided in this subsection shall be the successor to the member of the Board of Education of Coweta County who was elected pursuant to the constitutional amendment from Division 2 and whose regular term of office will expire on December 31,1988. The members elected in 1988 from Education Districts 5 and 6 as provided in this subsec-
3714 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
tion shall be successors to the members of the Board of Education of Coweta County who were elected pursuant to the constitutional amendment from Divisions 5 and 6 and whose regular terms of office expire on December 31,1987, and the terms of office of such members are extended to expire on December 31,1988. On January 1,1989, and thereafter, the board shall be composed of members elected pursuant to this Act.
Section 5. In the event of a vacancy on the board by death, resignation, removal of residence from the education district from which elected, or for any other reason, such vacancy shall be filled for the unexpired term by majority vote of the remaining members of the board. Any person appointed by the board to fill a vacancy shall meet the residency requirements and possess the qualifications provided by this Act to hold office as a member of the board.
Section 6. Except for the provisions of this Act in conflict therewith, the provisions of the constitutional amendment shall apply to the board provided for by this Act.
Section 7. It shall be the duty of the election superintendent of Coweta County to issue the call for an election for the purpose of submitting this Act to the electors of the Coweta County School District for approval or rejection. The election superintendent shall set the date of such election for the same date as the general election held in 1984. The election superintendent shall issue the call for such 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 Coweta County. The ballot shall have written or printed thereon the words:
"( ) YES ( ) NO
Shall the Act providing for the nonpartisan election of two members at large and five members from education districts of the Board of Education of Coweta County and establishing terms of office of four years for the members of said board of education be approved?"
GEORGIA LAWS 1984 SESSION
3715
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 8 of this Act, but otherwise it shall be void and of no force and effect.
The expense of such election shall be borne by Coweta County. It shall be the duty of the election superintendent to hold and conduct such election. It shall be the superintendent's further duty to certify the result thereof to the Secretary of State.
Section 8. This Act shall be effective as follows:
(1) For the purpose of holding the referendum provided for in Section 7 of this Act, this Act shall become effective upon its approval by the Governor or upon its otherwise becoming law; and
(2) If approved at said referendum:
(A) The provisions of this Act necessary for the election of the members of the Board of Education of Coweta County at the 1986 general primary and election as provided in this Act shall be effective on January If 1986; and
(B) This Act shall be effective for all purposes on January 1,1987.
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 1984 session of the General Assembly of Georgia a bill to reapportion the election districts from which members of the Board of Education of the Coweta County School System are elected; to change the membership of that board and the manner and time of electing the members; to change the terms of the members; to provide for a referendum; and for other purposes.
3716 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This 24th day of January, 1984.
Neal Shepard Representative, 71st District
Affidavit.
Georgia, Coweta County. To Whom it May Concern:
This is to certify that the legal notice attached hereto has been published in The Newnan Times-Herald, legal organ for Coweta County. The following date, to-wit: January 26,1984.
Sworn to on the 8th day of February, 1984.
/s/ William W. Thomasson Publisher
Sworn to and subscribed before me, this 8th day of February, 1984.
/s/ Lena K. Pope Notary Public. (Seal).
Approved March 5,1984.
GEORGIA LAWS 1984 SESSION
3717
BROOKS COUNTY BOARD OF EDUCATION -- ELECTION DISTRICTS, ETC.
No. 617 (House Bill No. 1350).
AN ACT
To provide for reapportionment of the board of education of Brooks County; to provide for election of members of the board; to provide districts for and the manner of their election; to provide for other matters related to the foregoing; 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 granted by Article VIII, Section V, Paragraph IV of the Constitution of the State of Georgia. The provisions of this Act shall control over any conflicting provisions of that constitutional amendment relating to the Brooks County school system which is set out at Ga. L. 1962, p. 827.
Section 2. The board of education of Brooks County shall consist of seven members. The members in office on the effective date of this section shall serve out the remainder of the terms for which they were elected; and their successors shall be elected as provided in this Act.
Section 3. One member shall be elected from each of the seven education districts described in Section 5 of this Act. At the general election in 1984, and quadrennially thereafter, there shall be elected one member from each of the following education districts: Education District No. 1, Education District No. 3, Education District No. 5, and Education District No. 6. At the general election in 1986, and quadrennially thereafter, there shall be elected one member from each of the following education districts: Education District No. 2, Education District No. 4, and Education District No. 7.
Section 4. Each member shall be elected by majority vote and by only the voters of the district he represents.
Section 5. The seven districts for election of members of the board of education of Brooks County are described by the following boundaries:
3718 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
EDUCATION DISTRICT NO. 1
Beginning within the City of Quitman, at the intersection of the centerline of U.S. Highway No. 84 with the centerline of Culpepper Street; and running north along the centerline of North Culpepper Street to its intersection with the centerline of East Davis Street; thence east along the centerline of East Davis Street to its intersection with the centerline of North Washington Street; thence north along the centerline of North Washington Street to its intersection with the original boundary of the City of Quitman; thence East along the city boundary to its intersection with the West boundary line of lands annexed to the City of Quitman by Ordinance No. 155 (Hillsdale Heights Subdivision), a plat of said annex being recorded in Plat Book 5, Page 242, Records of the Clerk of the Superior Court of Brooks County, which is by reference incorporated herein as part of this description; thence northerly, easterly and southerly around the boundary of said annex to the original city boundary which is the intersection of the original boundary line with the west margin of Reddick Street, (said annex being bounded on the west by State Route 33, North by the north original land lot line of lot No. 350 of the 12th Land District, and on the East by the City of Quitman Cemetery and Reddick Street); thence East along the northern boundary line of the City of Quitman to its intersection with the centerline of Ga. Highway No. 76; thence northeasterly along said centerline of said highway to its intersection with Okapilco Creek; thence north along Okapilco Creek to its intersection with Ga. Power Transmission Line (Thomasville-Pine Grove transmission line); thence west along said transmission line to its intersection with the centerline of County Road No. S-1209 (Tallokas Road); thence north along the centerline of said road to its intersection with the centerline of Ga. Highway No. 122; thence east along the centerline of said highway to its intersection with the centerline of County Road No. 136; thence north along its centerline to its intersection with the Colquitt County line; thence west along the Colquitt-Brooks County line to its intersection with the Thomas County Line; thence south along the Thomas-Brooks County line to its intersection with County Road No. 195; thence east along the centerline of said road to its intersection with the centerline of County Road No. 269 (Dry Lake Road); thence east along the centerline of said road to its intersection with the centerline of County Road No. 184; thence south along said centerline of said road to its intersection with the centerline of U.S. Highway No. 84; thence east along the centerline of said highway to its intersection with the centerline of Webster Street; thence north along centerline of said
GEORGIA LAWS 1984 SESSION
3719
street to its intersection with the centerline of West Bartow Street; thence east along centerline of said street to its intersection with the centerline of North Warren Street; thence south along centerline of said street to its intersection with U.S.Highway No. 84 (Screven Street); thence east along centerline of said highway to its intersection with the centerline of Culpepper Street, the point of beginning.
EDUCATION DISTRICT NO. 2
Beginning within the City of Quitman at the intersection of the centerline of U.S. Highway No. 84 (Screven Street) with the centerline of the South Georgia Railroad right-of-way; thence north along said centerline of said railroad to its intersection with the northern boundary of the City of Quitman; thence east along the boundary of said city to its intersection with the centerline of Ga. Highway No. 76; thence northerly along said centerline of said road to its intersection with the centerline of County Road S1213 (Troupeville Road); thence easterly along the centerline of said road to its intersection with the centerline of County Road No. 14 (Julian Williams Road); thence northerly along the centerline of said road to its intersection with County Road No. 30 (Crosby Town Road); thence north along the centerline of said road to its intersection with the centerline of County Road No. 3 (P. Lazarus Road); thence north along the centerline of said road to its intersection with the centerline of County Road No. 10; thence easterly along its centerline to its intersection with the centerline of State Highway No. 94, thence northwesterly along the centerline of said highway to its intersection with Downing Creek; thence easterly along Downing Creek to its intersection with Slaughter Creek and continuing east along the confluence of Slaughter and Downing Creeks to its intersection with the Lowndes County line; thence south along the Lowndes-Brooks County Line (Little River and Withlacoochee River) to the Florida State Line; thence east along the State line to its intersection with the Withlacoochee River; thence northerly and easterly along the Withlacoochee River back to the Florida State Line; thence west along the Florida State line to its intersection with the centerline of U.S. Highway No. 221, (Greenville Highway); thence northerly and easterly along the centerline of said highway to its intersection with the boundary of the City of Quitman; thence easterly along the boundary of the City of Quitman to its intersection with the centerline of the South Ga. Railroad right-of-way; thence north along said centerline of said right-of-way to its intersection with the centerline of U.S. Highway No. 84, the point of beginning.
3720 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
EDUCATION DISTRICT NO. 3
Beginning within the City of Quitman at the intersection of the centerline of U.S. Highway No. 84 with the centerline of Culpepper Street and running south along the centerline of South Culpepper Street to its intersection with the centerline of the Seaboard Coastline Railroad right-of-way to its intersection with the centerline of County Road No. S1212 (Grooverville Road); thence running southerly along said centerline of said road to its intersection with the centerline of County Road No. 91; thence running North along the centerline of said road to its intersection with the centerline of County Road No. 56 (Frank Groover Road); thence running west along the centerline of said road to its intersection with County Road No. 78 (B.T. Cook Road); thence running North along the centerline of said road to its intersection with County Road No. 58; thence running west along the centerline of said road to its intersection with the centerline of Georgia Highway No. 364; thence running along the centerline of said highway west to its intersection with the Thomas County line; thence running north along said Thomas-Brooks County Line to its intersection with County Road No. 195; thence east along the centerline of said road to its intersection with the centerline of County Road No. 269 (Dry Lake Road); thence east along the centerline of said road to its intersection with the centerline of County Road No. 184; thence south along said centerline of said road to its intersection with the centerline of U. S. Highway No. 84; thence east along the centerline of said highway to its intersection with the centerline of Webster Street; thence north along said centerline of said street to its intersection with the centerline of West Bartow Street; thence east along the centerline of said street to its intersection with the centerline of North Warren Street; thence south along said centerline of said street to its intersection with U.S. Highway No. 84 (Screven Street); thence east along said centerline of said highway to its intersection with the centerline of Culpepper Street, the point of beginning.
EDUCATION DISTRICT NO. 4
Beginning at the intersection of the centerline of State Highway No. 76 and Okapilco Creek; thence north along Okapilco Creek to its intersection with Ga. Power Transmission Line (Thomasville-Pine Grove transmission line); thence west along said transmission line to its intersection with the centerline of County Road No. S-1209 (Tallokas Road); thence north along said centerline of said road to its intersection with the centerline of Ga. Highway No. 122; thence east
GEORGIA LAWS 1984 SESSION
3721
along the centerline of said highway to its intersection with the centerline of County Road No. 136; thence north along its centerline to its intersection with the Colquitt County line; thence east and north along the Colquitt-Brooks County Line to its intersection with the Cook County line (Little River); thence southeasterly along the Cook-Brooks County Line to its intersection with the Lowndes County line; thence along the Lowndes-Brooks County line to its intersection the confluence of the Slaughter and Downing Creeks; thence westerly along said creek to the fork of Downing Creek; thence westerly along Downing Creek to its intersection with the centerline of State Highway No. 94; thence south along said road to its intersection with the centerline of County Road No. 10 (Pauline Church Road; thence southerly along the centerline of said road to its intersection with the centerline of County Road No. 3 (P. Lazarus Road); thence south along the centerline of said road to its intersection with the centerline of County Road No. 30 (Crosby Town Road); thence southerly along the centerline of said road to its intersection with the centerline of County Road No. 14 (Julian Williams Road); thence south along the centerline of said road to its intersection with the centerline of County Road No. S1213 (Troupeville Road); thence southwesterly along the centerline of said road to its intersection with the centerline of State Highway No. 76; thence southerly along its centerline to the Okapilco Creek, the point or place of beginning.
EDUCATION DISTRICT NO. 5
Beginning within the City of Quitman, at the intersection of the center line of U.S. Highway 84 with the centerline of Culpepper Street; and running north along the centerline of North Culpepper Street to its intersection with the centerline of East Davis Street; thence east along the centerline of East Davis Street to its intersection with the centerline of North Washington Street; thence north along the centerline of North Washington Street to its intersection with the original boundary of the City of Quitman; thence East along the city boundary to its intersection with the West boundary line of lands annexed to the City of Quitman by Ordinance No. 155 (Hillsdale Heights Subdivision), a plat of said annex being recorded in Plat Book 5, Page 242, Records of the Clerk of the Superior Court of Brooks County, which is by reference incorporated herein as part of this description; thence northerly, easterly and southerly around the boundary of said annex to the original city boundary which is the intersection of the original boundary line with the west margin of Reddick Street, said annex being bounded on the west by State Route
3722 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
33, North by the north original land lot line No. 350 of the 12th Land District, and on the East by the City of Quitman Cemetery and Reddick Street); thence East along the northern boundary of the City of Quitman to its intersection with the centerline of the South Georgia Railroad right-of-way; thence south along the centerline of said right-of-way to its intersection with the southern boundary of the City of Quitman; thence westerly along the boundary of said City to its intersection with the centerline of U.S. Highway No. 221 (Greenville Highway); thence southerly along the centerline of said highway to its intersection with the Florida State Line; thence west along said state line to its intersection with the Thomas County Line; thence north along the Thomas-Brooks line to its intersection with the centerline of State Highway 364; thence east along said highway centerline to its intersection with the centerline of County Road No. 58; thence easterly along said centerline to' its intersection with the centerline of County Road No. 78 (B.T. Cook Road); thence south along the centerline of said road to its intersection with the centerline of County Road No. 56 (Frank Groover Road); thence east along the centerline of said road to its intersection with the centerline of County Road No. 91; thence south along the centerline of said road to its intersection with the centerline of County Road No. S1212 (Grooverville Road); thence northeasterly along the centerline of said road to its intersection with the centerline of the Seaboard Coastline Railroad right-of-way; thence east along the centerline of said right-ofway to its intersection with the centerline of South Culpepper Street; thence north along the centerline of said street to its intersection with the centerline of U.S. Highway No. 84 (Screven Street), the point or place of beginning.
Education District No. 6 shall consist of the entire Brooks County school district.
Education District No. 7 shall consist of the entire Brooks County school district.
Section 6. All laws and parts of laws in conflict with this Act are repealed.
GEORGIA LAWS 1984 SESSION Notice.
3723
Notice is given that there will be introduced at the regular 1984 session of the General Assembly of Georgia a bill to provide for reapportionment of the Board of Education of Brooks County; to provide for election of members of the Board; to provide districts for the manner of their election; to provide for other related matters; and for other purposes.
This 12th day of January, 1984.
Long & Denton By: W. H. Long
Attorney for the Board of Education Brooks County, Georgia
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 date: January 19, 1984.
/s/ Henry L. Reaves Representative, 147th District
3724 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 27th day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 5,1984.
BROOKS COUNTY SUPERIOR COURT -- METHOD OF COMPENSATING CLERK CHANGED.
No. 618 (House Bill No. 1349).
AN ACT
To abolish the method of compensating the clerk of the Superior Court of Brooks County known as the fee system; to provide in lieu thereof for an annual salary; to provide that all fees, fines, forfeitures, commissions, costs, allowances, penalties, and funds of said officer shall become property of the county; to provide for the collection of such funds; 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 April 1,1984, the method of compensating the clerk of the Superior Court of Brooks 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.
GEORGIA LAWS 1984 SESSION
3725
Section 2. (a) Effective April 1, 1984, the clerk of the Superior Court of Brooks County shall receive an annual salary to be fixed by the board of commissioners of Brooks County at not less than the minimum salary provided in Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated.
(b) The annual salary 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 clerk of the superior court.
Section 3. Effective April 1, 1984, the clerk of the superior court shall diligently and faithfully undertake to collect all fees, fines, forfeitures, commissions, costs, allowances, penalties, and funds formerly allowed the clerk as compensation for services in any capacity and shall receive and hold the same in trust for Brooks 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 clerk of the superior court shall furnish the governing authority of the county a detailed, itemized statement, under oath, of all such funds received during the preceding month by such officer and paid into the county treasury. The statement shall show the respective amounts of money collected and the source thereof.
Section 4. The clerk of the superior court shall have the authority to appoint one deputy clerk who shall receive a weekly salary of not less than $200.00 per week, payable weekly, the exact amount to be determined by the governing authority of the county, with an annual increase at the sole discretion of the clerk of the superior court and the governing authority. The clerk of the superior court shall have the authority to hire such additional help as the clerk and the governing authority shall agree upon. It shall be within the sole power and authority of the clerk of the superior court, during the term of office, to designate and name the person or persons who shall be employed as deputy clerk, to prescribe the duties and assignment of such deputy clerk, and to remove or replace such deputy clerk at will and within the clerk's sole discretion.
Section 5. The necessary operating expenses of the office of the clerk of the superior 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-
3726 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ings, 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 clerk of the superior court and the governing authority of Brooks County.
Section 6. This Act shall become effective on April 1,1984.
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 1984 session of the General Assembly of Georgia a bill to abolish the fee system of compensating the clerk of the Superior Court of Brooks County and provide for an annual salary in lieu thereof; to provide for fees, fines, forfeitures, commissions, costs, allowances, penalties, and funds; to provide for statements; to provide for expenses; to provide for personnel; and for other purposes.
This 12th day of January, 1984.
Brooks County Commissioners J. B. Thagard, Chm.
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 date: January 19, 1984.
GEORGIA LAWS 1984 SESSION
/s/ Henry L. Reaves Representative, 147th District
Sworn to and subscribed before me, this 27th day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 5,1984.
3727
ECHOLS COUNTY MAGISTRATE COURT -- JUDGE OF PROBATE COURT AS CHIEF MAGISTRATE.
No. 619 (House Bill No. 1680).
AN ACT
To make provisions for the Magistrate Court of Echols County; to provide that the judge of the Probate Court of Echols County shall serve as chief magistrate of Echols County; to provide for compensation; to provide for other matters related thereto; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. The judge of the Probate Court of Echols County shall serve as chief magistrate of Echols County. The minimum compensation of the person serving as judge of the Probate Court and chief magistrate of Echols County shall be the compensation he is authorized by law to receive as judge of the probate court.
3728 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.
Legal Notice For Local Legislation.
Notice is hereby given that there will be at the regular 1984 session of the General Assembly of Georgia a bill to make provisions for the Magistrate Court of Echols County; to provide that the Judge of Probate Court of Echols shall serve as Chief Magistrate of Echols County; to provide for compensation; and for other purposes.
This 2nd day of February, 1984.
William P. Langdale, Jr. Attorney for Echols County
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 Valdosta Daily Times which is the official organ of Echols County, on the following date: February 3, 1984.
/s/ Henry L. Reaves Representative, 147th District
GEORGIA LAWS 1984 SESSION
Sworn to and subscribed before me, this 20th day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 5,1984.
3729
UPSON COUNTY BOARD OF COMMISSIONERS -- COMMISSIONER DISTRICTS, ETC. -- REFERENDUM.
No. 620 (House Bill No. 1682).
AN ACT
To amend an Act creating a board of commissioners of roads and revenues for Upson County, approved February 1,1877 (Ga. L. 1877, p. 267), as amended, so as to create new commissioner districts for the election of commissioners; to provide for the election, terms, and qualifications of commissioners; to provide for the preservation of the terms of current members of the board of commissioners; to provide for vacancies; to provide for a chairman and vice-chairman and the duties of the chairman and vice-chairman; to provide for meetings; to provide for a quorum; to provide for transition; to provide for other matters relative to the foregoing; to provide for a referendum; to provide effective dates; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating a board of commissioners of roads and revenues for Upson County, approved February 1,1877 (Ga. L.
3730 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
1877, p. 267), as amended, is amended by striking Sections 1 through 3 in their entirety and inserting in lieu thereof new Sections 1 through 3 to read as follows:
"Section 1. (a) The governing authority of Upson County shall be a board of commissioners consisting of a chairman and four additional members who shall be elected as hereinafter provided in this Act.
(b) The board of commissioners shall be the governing authority of Upson County and shall exercise all the duties, powers, and responsibilities vested in and imposed upon said commissioners as provided by law.
Section 2. (a) The chairman of the board of commissioners may reside anywhere within Upson County and shall be elected by a majority of the qualified electors of Upson County voting at the elections hereinafter provided for in this Act. Any person offering as a candidate for chairman shall be a citizen of this state, a qualified voter, and shall have been a resident of Upson County for two years immediately prior to qualifying as a candidate and shall remain a resident of said county during the term of office.
(b) A candidate for commissioner, other than the chairman, shall be a resident of this state, a qualified voter, and shall have been a resident of the commissioner district for which the candidate is offering for at least two years prior to qualifying as a candidate. A district commissioner shall remain a resident of the respective commissioner district during the term for which elected. Should a member of the board who is elected from a commissioner district change his residence from the commissioner district from which he was elected, a vacancy shall be created and shall be filled as provided in this Act. Each district commissioner shall be elected by a majority of the qualified electors voting within each respective commissioner district. A candidate for district commissioner shall specify the commissioner district for which the candidate is offering. The chairman and all other members of the board shall be nominated and elected in accordance with the provisions of Chapter 2 of Title 21 of the O.C.G.A., the `Georgia Election Code.'
(c) Any person serving as a commissioner shall be disqualified from holding any other county office.
GEORGIA LAWS 1984 SESSION
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(d) (1) For the purpose of electing the four members of the board who are elected from districts, Upson County shall be divided into four commissioner districts as follows:
Commissioner District Number 1 shall be composed of that geographical area included in the tract/block numbering area, division, and block group as shown and designated on the Upson County 1980 Census Map (Map Inventory Number 13-293-01), Lincoln Park 1980 Census Map (Map Inventory Number 13-161001), and Thomaston and Vicinity (Map Inventory Number 971334A as follows:
Gordon Division (015) BNA 9905p., All of Block Group 5; and,
The Rock-Yatesville Division (020), Remainder of The Rock-Yatesville Division (020) BNA 9901p., Block Group 4p., Blocks 403-408 inclusive, AH of Block 401 lying West of Auchumpkee Creek; and
The Rock-Yatesville Division (020), Remainder of The Rock-Yatesville Division (020) BNA 9901p., Block Group lp., All of Blocks 151 lying South of Kendle Creek and East of Tobler Creek, Blocks 153, 154, 155, 156, 157, 158, 159, 160, 162, 163, 164, 165, 170; and,
Thomaston and Vicinity, Thomaston Division (025), Remainder of Thomaston Division (025) BNA 9901p., Block Group 3p., Blocks 302, 303, 304; and,
Thomaston and Vicinity, Thomaston Division (025), Remainder of Thomaston Division (025) BNA 9902p., Block Groups 2p., Blocks 231, 232, 239; and, All of Block 229 lying South of Tom McKinley Road and West of Lewis Brothers Road; and
Thomaston Division (025) Thomaston City, (2880) BNA 9902p., Block Group 3p., Blocks 309, 310, 311, 312, 313, 314, 315, 316, 317, 323, 324,
3732 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
325, 329, 330; and,
Thomaston Division (025) Thomaston City (2880) BNA 9901p., Block Group 6., Blocks 601-613 inclusive; and,
Thomaston Division (025) Thomaston City (2800) BNA 9901p., Block Group 5., Blocks 512, 519, 520, 521, 522, 529; and,
Thomaston Division (025) Thomaston City (2800) BNA 9902p., Block Group 2p. Blocks 215p., 229p.; and,
Upson County Gordon Division (015) BNA 9905, Block Group 4, Block 402. For the purpose of this description Block 402 shall include all of the area bounded on the South by Hunt Road and Mauldin Road, West by Highway 19, on the North by the City Limits of Thomaston, Georgia, and Waymanville Road, East by Waymanville Road and Hunt Road; and,
Thomaston Division (025) Remainder of Thomaston Division (025) BNA 9904p., Block Group 4, Blocks 402, 404 thru 434 inclusive, Block Group 3, Blocks 308p., 311p., 315p., Block Group 5, Block 503p. This area is the identical area shown on Upson County 1980 Census Map Inventory Number 13-1610-01 known as Lincoln Park; and
Thomaston Division (025) Remainder of Thomaston Division (025) BNA 9904p., Block Group 3p., Blocks 309, 310, All of 3lip. lying south of Thomaston City Limits, 312, 313, 314, All of 315p. lying outside City Limits of Thomaston, Georgia.
GEORGIA LAWS 1984 SESSION
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Commissioner District Number 2 shall be composed of that geographical area included in the tract/block numbering area, division, and block group as shown and designated on the Upson County 1980 Census Map (Map Inventory Number 13-293-01), and Thomaston and Vicinity 1980 Census Map (Map Inventory Number 9713-34A) as follows:
Thurston Division (030) BNA 9904p., All of Block Group 1 and Block Group 2 inclusive; and,
Thomaston Division (025) Remainder of Thomaston Division (025) BNA 9903p., Block Group lp., Blocks 107, 108, 111, 112, 128; Block Group 2, Blocks 201 thru 214, 216, 217, 218, 219, 220, 221; Block Group 3p., Blocks 301p., 302p., 303p., 304p.; Block Group 4p., Blocks 415p., 417p.; Block Group 5p., Block 508p.; and,
Thomaston Division (025) Thomaston City (2800) BNA 9905p., Block Group 3p. Blocks 301 thru 311 inclusive; Block Group 2, Blocks 201 thru 210 inclusive, 216 thru 222 inclusive; and,
Thomaston Division (025) Thomaston City (2800) BNA 9903p., Block Group 3p., Blocks 304p., and 303p.; Block Group 5p., Blocks 501 thru 520 inclusive; Block Group 4p., Blocks 401 thru 415 inclusive, 417 thru 431 inclusive; Block Group 3p., Blocks 325 thru 331 inclusive, 341, 342; Block Group 6, Blocks 639p., 647p., 650p., 651p.
Commissioner District Number 3 shall be composed of that geographical area included in the tract/block numbering area, division, and block group as shown and designated on the Upson County 1980 Census Map (Map Inventory Number 13-293-01), Yatesville, Upson County, Georgia, 1980 Census Map (Map Inventory Number 13-3115-01), The Rock, Upson County, Georgia, 1980 Census Map (Map Inventory Number 13-2795-01),
3734 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
and Hannahs Mill (Census designated place) Upson County, Georgia, 1980 Census Map (Map Inventory Number 13-1302-01) as follows:
The Rock-Yatesville Division (020) Remainder of Rock - Yatesville Division (020) BNA 9901p., Block Group lp., Blocks 101 thru 150 inclusive; All of Blocks 151 and 152 lying East of Tobler and North of Kendle Creek; and,
The Rock-Yatesville Division (020) Yatesville Town (020) BNA 9901p., All of Block Group lp; All of Block Group 2; and All of Block Group 4p; and,
The Rock - Yatesville Division (020) The Rock Town (020) BNA 9901p., All of Block Group lp.; BNA 9902p., All of Block Group lp.; and,
The Rock - Yatesville Division (020) Remainder of The Rock-Yatesville Division (020) BNA 9902p., All of Block Group lp.; and,
Thomaston Division (025) Remainder of Thomaston Division (025) BNA 9902p., Block Group 2p., Blocks 201, 202, BNA 9903p. Block Group lp. Blocks 101 thru 105, inclusive, 113 thru 122 inclusive, 125 thru 127 inclusive, 129 thru 134 inclusive, 142p.; All of Block Group 6; Block Group 2, Block 215.
Commissioner District Number 4 shall be composed of that geographical area included in the tract/block numbering area, division, and block group as shown and designated on the Upson County 1980 Census Map (Map Inventory Number 13-293-01 of Upson County) and Thomaston-Upson County 1980 Census Map (Map Inventory Number 9713-34A) as follows:
Thomaston Division (025) Remainder of Thomaston Division (025) BNA 9901p., Block Group 3p., Blocks 305, 306, 307, 308, 309, 310;
GEORGIA LAWS 1984 SESSION
3735
BNA 9902p., Block Group 2p., Block 227; BNA 9901p., Block Group 7, Blocks 709, 710p.; BNA 9902p., Block Group 2p., Blocks 203 thru 209 inclusive, Blocks 215p. thru 229p. inclusive; and,
Thomaston Division (025) Thomaston City (2800) BNA 9902p., Block Group 2p. Blocks 204p., 215p.; Block Group 3, Blocks 301 thru 306; BNA Group 9901p.; Block Group 5, Blocks 501 thru 511 inclusive, 513 thru 518 inclusive, 524, 525, 526, 527, 530 thru 538 inclusive; Block Group 6, Blocks 614 thru 624 inclusive; Block Group 7, Blocks 701 thru 709 inclusive, 710 thru 712 inclusive; Block Group 3p., Blocks 306, 308, BNA 9902p., Block Group 3, Blocks 318, 319, 320, 322, 326, 328, 331, 332, 327; and,
BNA 9903p., Block Group lp., Block 142p.; Block Group 3p., 306 thru 323 inclusive, 339; and,
BNA 9905p., Block Group 1, Blocks 101 thru 118 inclusive; Block Group 4p., Block 401p.; Block Group 2, Block 211 thru 215 inclusive, 223 thru 226 inclusive; and,
BNA 9904p., Block Group 3, Blocks 308p., 31 lp., 315p.; All of Block 4p., Blocks 501 thru 505 inclusive.
(2) Any part of Upson County which is not included in any district 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.
(3) The Census of Population and Housing, 1980--P.L. 94171, for Upson County, Georgia, dated February 28, 1981, pp. 1651-1666, inclusive, and all maps hereinafter identified by inventory number are by reference incorporated into and made a part of this Act as fully and completely as if copied at length in this Act.
3736 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 3. (a) The present members of the board of commissioners of Upson 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. In order to preserve said terms, the member of the board who is presently in office and who is a resident of Commissioner District No. 3 is designated the member from Commissioner District No. 3. Said member shall serve out the term for which he was originally elected, and successors shall be elected as provided in this Act.
(b) At the general election of 1984, new members from Commissioner Districts Nos. 1, 2, and 4 and the chairman from the county at large shall be elected. The chairman and the commissioners elected from Commissioner Districts Nos. 1 and 2 shall take office on the first day of January following their election and shall serve for a term of four years. The commissioner elected from Commissioner District No. 4 shall take office on the first day of January following his election and shall serve for a term of two years.
(c) Thereafter, members who are elected to succeed members of the board of commissioners shall be elected at the general election which is conducted in that year in which the members' respective terms of office expire, shall take office on the first of January following their election, and shall serve for a term of four years and until their successors are duly elected and qualified.
(d) Any vacancy occurring in the board during an incumbent or transition term of office preserved or established by this section shall be filled as provided by this Act only for the unexpired term of that vacant member.
(e) Any vacancy which occurs in the board established by this Act and which has an unexpired term exceeding 180 days shall be filled for the unexpired term in the same manner as prescribed in the case of vacancy in the office of clerk of the superior court. Any vacancy which occurs in the board established by this Act and which has an unexpired term of 180 days or less shall be filled for the unexpired term by a person appointed by a majority of the members of the board of commissioners. Any person so appointed to fill a vacancy on said board must be eligible to be elected to said vacant position.
GEORGIA LAWS 1984 SESSION
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(f) Before entering upon the duties of the office of commissioner, each member of the board shall take the oath required of all civil officers of this state and be bonded in the amount of $10,000.00 by a good and solvent bonding company authorized to do business in this state, said bond to be approved by the judge of the Probate Court of Upson County and filed in the office of the probate court and payable to the Governor of this state and his successors in office for the use of Upson County conditioned upon the faithful performance of the duties of the office of commissioner. The cost of said bond shall be paid from the general funds of Upson County."
Section 2. Said Act is further amended by adding between Sections 3 and 4 a new Section 3A to read as follows:
"Section 3A. (a) 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 provided in this Act or such as may be delegated to him by the board of commissioners. 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 board on all subjects, and to 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 matters coming before the board.
(b) At the first regular meeting in January of each year and at the first regular meeting each year thereafter, the board of commissioners shall, by majority vote, elect one of their members as vicechairman. 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. In the absence, disqualification, or disability of the chairman, the vice-chairman shall assume the duties of chairman.
(c) The board of commissioners shall hold at least one regular meeting each month at a time and place designated by the board; provided, however, that the chairman or a majority of said board may convene the same in extraordinary session whenever in their judgment it may be necessary. Three commissioners shall constitute
3738 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
a quorum for the transaction of business; provided, however, that no official action may be taken except upon affirmative vote of at least three commissioners."
Section 3. 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 Upson County to issue the call for an election for the purpose of submitting this Act to the electors of Upson County for approval or rejection. The superintendent shall set the date of such election for a day not less than 30 nor more than 45 days after the date of the issuance of the call. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Upson County. The ballot shall have written or printed thereon the words:
"( ) YES ( ) NO
Shall the Act providing for a five-member board of commissioners of Upson County and providing for the election of four members from districts and the election of the chairman from the county at large be approved?"
All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect; otherwise it shall be void and of no force and effect.
The expense of such election shall be borne by Upson 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 provisions of this Act relating to and necessary for the election of certain members of the board of commissioners of Upson County at the 1984 general election shall become effective on the date of the certification of the results of the referendum provided for in Section 3 but only if this Act is approved in such referendum election. This Act shall become effective for all purposes on or after
GEORGIA LAWS 1984 SESSION
3739
January 1,1985, provided that this Act is approved in the referendum election held pursuant to Section 3 of this Act.
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 III, Section V, Paragraph IX of the Constitution of the State of Georgia, that there will be introduced at the 1984 Session of the Georgia General Assembly a Bill to Amend the Upson County Law relative to the Board of Commissioners thereof (Georgia Laws 1877, pg. 267; approved February 1, 1877; Georgia Laws 1882-83, pg. 492, approved September 4, 1883; Georgia Laws 1920, pg. 636, approved August 9,1920; Georgia Laws 1929, pg. 745, approved July 18, 1929; Georgia Laws 1935, pg. 823, approved March 20, 1935; Georgia Laws 1953, pg. 3286, approved March 11, 1953; Georgia Laws 1975, pg. 3352, approved April 17, 1975) so as to change the composition and method of election of members of the Board of Commissioners to provide for the election and terms of members of the Board of Commissioners; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
This 30th day of January, 1984.
Marvin Adams Representative, 79th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Marvin Adams who, on oath, deposes and says that he is Representative from the 79th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Thomaston Times which is the official organ of Upson County, on the following dates: February 8,1984.
3740 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
/s/ Marvin Adams Representative, 79th District
Sworn to and subscribed before me, this 14th day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 5, 1984.
JONES COUNTY -- CLERK OF SUPERIOR COURT -- METHOD OF COMPENSATING CHANGED. No. 622 (House Bill No. 1318). AN ACT
To amend an Act abolishing the fee system of compensating the clerk of superior court of Jones County and providing in lieu thereof an annual salary, approved March 21,1980 (Ga. L. 1980, p. 3621), so as to change provisions relating to the compensation of the clerk of superior court and the clerk's personnel; to provide for related matters; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia: Section If An Act abolishing the fee system of compensating the clerk of superior court of Jones County and providing in lieu thereof an annual salary, approved March 21,1980 (Ga. L. 1980, p. 3621), is amended by adding at the end of Section 2 the following:
GEORGIA LAWS 1984 SESSION
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"If during any year the governing authority of Jones County grants a cost-of-living allowance in excess of 3 percent in the compensation of county employees, the average percentage by which the compensation of county employees is increased shall be applied to the then current salary of the clerk of superior court, and the salary of said clerk of superior court shall be increased by such average percentage. The minimum percentage provided for in the preceding sentence shall be in lieu of the 3 percent increase granted by the other provisions of this section but shall not prohibit the governing authority from granting the clerk of superior court an increase in excess of the minimum percentage provided for in the preceding sentence.",
so that when so amended said Section 2 shall read as follows:
"Section 2. The clerk of the superior court of Jones County shall receive an annual salary as provided by an Act providing minimum salaries for clerks of the superior courts, approved March 30, 1973 (Ga. Laws 1973, p. 256), as amended; provided, however, that any clerk of the superior court of Jones County with at least 15 years of service in such office shall receive an annual salary of $21,500.00, payable in equal monthly installments from county funds; and such amount ($21,500.00) shall be increased by a minimum of 3 percent for each year of office served by the clerk figured at the end of each such period of service. Such cost-of-living increases shall not have retroactive effect but shall begin January 1, 1982. If during any year the governing authority of Jones County grants a cost-of-living allowance in excess of 3 percent in the compensation of county employees, the average percentage by which the compensation of county employees is increased shall be applied to the then current salary of the clerk of superior court, and the salary of said clerk of superior court shall be increased by such average percentage. The minimum percentage provided for in the preceding sentence shall be in lieu of the 3 percent increase granted by the other provisions of this section but shall not prohibit the governing authority from granting the clerk of superior court an increase in excess of the minimum percentage provided for in the preceding sentence."
Section 2. Said Act is further amended by adding at the end of Section 4 a new subsection (e) to read as follows:
"(e) Unless the governing authority of Jones County grants greater increases pursuant to the other provisions of this section, when the governing authority of Jones County grants a cost-of-living
3742 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 salaries of the employees of the clerk of superior court, and the salaries of such employees of the clerk of superior court shall be increased by such average percentage."
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 1984 session of the General Assembly of Georgia a bill to amend an Act abolishing the fee system of compensating the clerk of superior court of Jones County and providing in lieu thereof an annual salary, approved March 21, 1980 (Ga. L. 1980, p. 3621), so as to change provisions relating to the compensation of the clerk of superior court and the clerk's personnel; to provide for related matters; and for other purposes.
This 5th day of January, 1984.
Kenneth Birdsong
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 date: January 12, 1984.
GEORGIA LAWS 1984 SESSION
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/s/ Kenneth W. Birdsong Representative, 104th District
Sworn to and subscribed before me, this 16th day of January, 1984.
/s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 28, 1984. (Seal).
Approved March 12,1984*
JONES COUNTY -- COMPENSATION OF SHERIFF AND DEPARTMENT EMPLOYEES CHANGED.
No. 623 (House Bill No. 1319).
AN ACT
To amend an Act abolishing the fee system of compensation for the sheriff of Jones County and providing in lieu thereof an annual salary, approved June 30, 1964 (Ga. L. 1964, Ex. Sess., p. 2169), as amended by an Act approved April 4,1967 (Ga. L. 1967, p. 2517), an Act approved April 9, 1968 (Ga. L. 1968, p. 3431), an Act approved February 28, 1969 (Ga. L. 1969, p. 2150), and an Act approved February 18,1977 (Ga. L. 1977, p. 2630), so as to change the salary of the sheriff; to provide for salaries of employees of the sheriff; to provide a method of periodic increases in salaries for the sheriff and employees of the sheriff; to provide an effective date; to repeal conflicting laws; and for other purposes.
3744 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Be it enacted by the General Assembly of Georgia:
Section 1. An Act abolishing the fee system of compensation for the sheriff of Jones County and providing in lieu thereof an annual salary, approved June 30, 1964 (Ga. L. 1964, Ex. Sess., p. 2169), as amended by an Act approved April 4,1967 (Ga. L. 1967, p. 2517), an Act approved April 9, 1968 (Ga. L. 1968, p. 3431), an Act approved February 28, 1969 (Ga. L. 1969, p. 2150), and an Act approved February 18, 1977 (Ga. L. 1977, p. 2630), is amended by striking Section 2 in its entirety and inserting in its place a new Section 2 to read as follows:
"Section 2. (a) The sheriff of Jones County shall receive an annual salary of not less than $25,000.00. The salary shall be paid in equal monthly installments by the governing authority of Jones County from funds of the county.
(b) On and after January 1,1986, 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 sheriff, and the salary of said officer shall be increased by such average percentage; but if such average percentage is less than 3 percent, then a 3 percent increase shall be applied to the then current salary of the sheriff and the salary of said officer shall be increased by said 3 percent."
Section 2. Said Act is further amended by striking Section 4 in its entirety and inserting in its place a new Section 4 to read as follows:
"Section 4. (a) The sheriff of Jones County shall have the sole power and authority to appoint deputies and personnel as follows:
(1) A chief deputy, who shall be compensated in an amount not less than $20,000.00 per year;
(2) Three additional deputy sheriffs, one of whom may be designated as jailer, and each of whom shall receive compensation of not less than $3,600.00 per year;
(3) Such additional deputies as may be from time to time recommended by the sheriff and concurred in by the governing
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authority of the county and whose compensation shall be not less than $3,600.00 per year; and
(4) A clerk who shall be compensated in an amount not less than $5,400.00 per year. Such clerk shall perform such duties as shall be assigned by the sheriff.
(b) The compensation to be paid to the employees of the sheriff shall be set by the sheriff with the concurrence of the county governing authority.
(c) When the governing authority of Jones County grants a costof-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 each employee of the sheriff listed in subsection (a) of this section, and the salary of each such employee shall be increased by such average percentage.
(d) This section shall not be construed to reduce the salary of any employee listed in subsection (a) of this section who was employed on January 1,1985."
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.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1984 session of the General Assembly of Georgia a bill to amend an Act abolishing the fee system of compensation for the sheriff of Jones County and providing in lieu thereof an annual salary, approved June 30,1964 (Ga. L. 1965, Ex. Sess., p. 2169), as amended, so as to change the salary of the sheriff; to provide for salaries of employees of the sheriff; to provide a method of periodic increases in salaries for the sheriff and employees of the sheriff; and for other purposes.
3746 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This 5th day of January, 1984.
Kenneth W. Birdsong Representative, 104th 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 date: January 12, 1984.
/s/ Kenneth W. Birdsong Representative, 104th District
Sworn to and subscribed before me, this 16th day of January, 1984.
/s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 28, 1984. (Seal).
Approved March 12,1984.
GEORGIA LAWS 1984 SESSION
3747
ROCKDALE COUNTY SHERIFF'S DEPARTMENT MERIT BOARD CREATED.
No. 624 (House Bill No. 1323).
AN ACT
To create the Rockdale County Sheriffs Department Merit Board; to authorize the board to hear and decide appeals from disciplinary actions against employees of the sheriffs department; to provide for the membership and procedures of the board; to provide for related matters; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. There is created the Rockdale Sheriffs Department Merit Board. The board shall have jurisdiction and authority to review and modify disciplinary actions against employees of the Rockdale County sheriffs department as provided in this Act.
Section 2. (a) The board shall consist of five members as follows:
(1) One member shall be appointed by the judge or judges of Superior Court of Rockdale County for a term of two years beginning July 1, 1984; and successors to such member shall be appointed by the judge or judges for terms of two years beginning July 1 of each even-numbered year;
(2) One member shall be appointed by the sheriff of Rockdale County for a term of two years beginning July 1, 1984; and successors to such member shall be appointed by the sheriff for terms of two years beginning July 1 of each even-numbered year;
(3) One member shall be appointed by the chairman of the board of commissioners of Rockdale County for a term of one year beginning July 1, 1984; and successors to such member shall be appointed by the chairman for terms of two years beginning July 1 of each odd-numbered year;
3748 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(4) One member shall be appointed by the district attorney of the Superior Court of Rockdale County for a term of one year beginning July 1, 1984; and successors to such member shall be appointed for terms of two years beginning July 1 of each oddnumbered year; and
(5) One member shall be an employee of the sheriffs department other than the chief deputy or the sheriff. Such member shall be elected by majority vote of all employees of the sheriffs department other than the chief deputy or sheriff. The sheriff may prescribe the manner of conducting such election, but such election shall be by secret ballot. The first such member shall be elected for a term of two years beginning July 1, 1984; and successors to such member shall be elected for terms of two years beginning July 1 of each even-numbered year.
(b) Each appointment and election to the board shall be conducted during the month of June immediately preceding the expiration of the term of office of the member for whom a successor is to be chosen.
(c) Any vacancy on the board shall be filled in the same manner as the original member was chosen; and any member selected to fill a vacancy shall serve for the remainder of the unexpired term.
(d) No person shall serve as a member of the board for more than two consecutive terms.
Section 3. (a) The initial meeting of the board shall be called by the member appointed by the sheriff; and the board shall meet thereafter on the call of the chairman.
(b) During the month of July of each year the board shall meet for the purpose of electing a chairman and a secretary to serve until the election of a new chairman and a new secretary in the next month of July. In the absence of the chairman, the secretary shall act as chairman.
(c) A quorum shall consist of three members of the board; and any matter before the board shall be decided by majority vote of those present. The chairman shall have a vote on all matters before the board.
GEORGIA LAWS 1984 SESSION
3749
Section 4. (a) Except as provided in subsection (e) of this section, the board shall have jurisdiction to reduce, set aside, or modify any disciplinary action, including dismissal, imposed on any employee of the sheriffs department in any case in which the employee appeals to the board.
(b) Any employee may appeal any disciplinary action by filing with the chairman of the board a written notice that the employee desires to appeal from such disciplinary action. Such written notice must be filed within ten days following the disciplinary action to be appealed or the right to appeal to the board shall be waived.
(c) Upon the filing of a notice of appeal, the chairman shall set a hearing date and notify the members of the board, the employee, and the sheriff of the hearing. The board shall have the right to call witnesses at the hearing and may direct the sheriff to produce any relevant records in the custody of the sheriffs department. The employee and the sheriff shall have a right to be heard and to present witnesses and evidence.
(d) The decisions of the board shall be based on federal and state law, the rules and regulations of the sheriffs department, and justice and fairness.
(e) The following actions shall not be subject to appeal to the board and the board shall have no authority over the following matters:
(1) Disciplinary action against an employee on probationary status;
(2) Disciplinary action against the chief deputy who shall be solely responsible to and shall serve at the pleasure of the sheriff;
(3) The reassignment or demotion by one step or rank of a division commander;
(4) Punishment of any employee by suspension for five days or less or by cancellation of five or fewer days of leave; or
(5) The reassignment of an employee from one division to another.
3750 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval and shall apply to disciplinary actions taken on or after July 1,1984.
Section 6. All laws and parts of laws in conflict with this Act are repealed.
Legal Notice.
Notice is hereby given that there will be introduced at the regular 1984 session of the General Assembly of Georgia a Bill to create a Merit Board with jurisdiction to decide appeals of disciplinary action within the Sheriffs Department; to provide for related matters and for other purposes.
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William C. Mangum, Jr., who, on oath, deposes and says that he is Representative from the 57th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Rockdale Citizen which is the official organ of Rockdale County, on the following date: January 19,1984.
/s/ William C. Mangum, Jr. Representative, 57th District
Sworn to and subscribed before me, this 25th day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 12,1984.
GEORGIA LAWS 1984 SESSION
3751
THOMAS COUNTY -- OFFICE OF COUNTY MANAGER CREATED.
No. 625 (House Bill No. 1325).
AN ACT
To amend an Act providing for a board of commissioners of Thomas County, approved December 21,1898 (Ga. L. 1898, p. 378), as amended, so as to create the office of county manager of Thomas County; to provide for qualifications, compensation, duties, reports, and bond of the county manager; to provide for other matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act providing for a board of commissioners of Thomas County, approved December 21,1898 (Ga. L. 1898, p. 378), as amended, is amended by adding a new Section 2A to read as follows:
"Section 2A. (a) County manager. (1) There is hereby created the office of county manager of Thomas County. The county manager shall be appointed by a majority vote of the board of commissioners of Thomas County to serve at the pleasure of said board for an indefinite term. 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.
(2) Not later than 90 days following the effective date of this section, the county manager shall be appointed as provided in this section.
(b) Qualifications. The county manager shall be chosen by the board solely upon the basis of his executive and administrative
3752 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
qualifications with specific reference to his actual experience in or knowledge of accepted practices in respect to the duties of his office as set forth in this section.
(c) Duties. The county manager shall be the chief executive officer of Thomas County and the administrative head of the county government. He shall be responsible to the board 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 Thomas County and to supervise and regulate all purchases of materials and supplies for Thomas County within such limitations and under such rules and regulations as may be imposed by the board of commissioners; and
GEORGIA LAWS 1984 SESSION
3753
(9) To countersign with the chairman, or in his absence from the county the vice chairman, all payroll checks for employees of Thomas County.
(d) Reports. 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.
(e) Bond. The county manager shall be required to execute and deliver a good and sufficient bond payable to Thomas 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 the Superior Court of Thomas County.
(f) Oath. 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.
(g) Removal. 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. 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 1984 session of the Georgia General Assembly, a bill to create the office of County Manager of Thomas County; to provide for qualifications, compensation, duties, reports and bonds of the County Manager; to provide for other matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes.
3754 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This the 13th day of December 1983.
Board of Commissioners of Thomas County John Bullock, Chairman
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 Legislation was published in the Times-Enterprise which is the official organ of Thomas County, on the following date: January 18,1984.
/s/ Allen Sherrod Representative, 143rd District
Sworn to and subscribed before me, this 24th day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 12,1984.
GEORGIA LAWS 1984 SESSION
3755
STATE COURT OF BURKE COUNTY -- EXPENSE ALLOWANCE OF SOLICITOR.
No. 626 (House Bill No. 1330).
AN ACT
To amend an Act creating the State Court of Burke County, approved August 15,1903 (Ga. L. 1903, p. 174), as amended, particularly by an Act approved April 11,1979 (Ga. L. 1979, p. 3672), so as to provide for an expense allowance for the solicitor of said state court; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the State Court of Burke County, approved August 15,1903 (Ga. L. 1903, p. 174), as amended, particularly by an Act approved April 11, 1979 (Ga. L. 1979, p. 3672), is amended by striking subsection (b) of Section 12 which reads as follows:
"(b) (1) For services rendered the State in criminal cases, the solicitor of said court shall receive, in lieu of fees in criminal cases, an annual salary as follows:
(A) For the period beginning March 1,1979, and ending December 31,1979, $6,600.
(B) For the period beginning January 1, 1980, and ending December 31,1980, $7,000.
(C) For the period beginning January 1, 1981, and ending December 31,1981, $7,500.
(D) For the period beginning January 1, 1982, and thereafter, $8,000.
(2) In addition to such salary, said solicitor shall be entitled to receive and retain the same fees in all civil cases to which the State is a party that are allowed to district attorneys for all services in the superior court.
3756 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(3) The solicitor's salary shall be paid in equal monthly installments from the funds of Burke County.",
and inserting in its place a new subsection (b) of Section 12 to read as follows:
"(b) (1) For services rendered the State in criminal cases, the solicitor of said court shall receive, in lieu of fees in criminal cases, an annual salary of $8,000.00.
(2) In addition to such salary, said solicitor shall be entitled to receive and retain the same fees in all civil cases to which the State is a party that are allowed to district attorneys for all services in the superior court.
(3) In addition to such salary and fees, the solicitor shall receive an annual expense allowance of $2,000.00.
(4) The solicitor's salary and expense allowance shall be paid in equal monthly installments from the funds of Burke 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 1984 session of the General Assembly of Georgia a bill to amend an Act creating the State Court of Burke County, approved August 15, 1903 (Ga. L. 1903, p. 174), as amended, particularly by an Act approved April 11,1979 (Ga. L. 1979, p. 3672), so as to provide for an expense allowance for the solicitor of said state court; to provide an effective date; to repeal conflicting laws; and for other purposes.
GEORGIA LAWS 1984 SESSION This 16th day of January, 1984.
3757
Emory 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 True Citizen which is the official organ of Burke County, on the following date: January 18,1984.
/s/ Emory E. Bargeron Representative, 108th District
Sworn to and subscribed before me, this 25th day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 12,1984.
3758 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CITY OF CAMILLA -- VACANCIES IN OFFICE OF MAYOR OR COUNCILMEN -- HOW FILLED.
No. 627 (House Bill No. 1331).
AN ACT
To amend an Act creating a new charter for the City of Camilla, approved March 27, 1972 (Ga. L. 1972, p. 2919), as amended by an Act approved April 17, 1973 (Ga. L. 1973, p. 3008) and an Act approved April 6,1981 (Ga. L. 1981, p. 3726), so as to provide that a vacancy in the office of mayor or councilman shall be filled by a special election; to provide for exceptions; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating a new charter for the City of Camilla, approved March 27,1972 (Ga. L. 1972, p. 2919), as amended by an Act approved April 17,1973 (Ga. L. 1973, p. 3008) and an Act approved April 6,1981 (Ga. L. 1981, p. 3726), is amended by striking Section 2-7 in its entirety and inserting in lieu thereof a new Section 2-7 to read as follows:
"Section 2-7. Vacancy in office of mayor or councilman. A vacancy shall exist if the mayor or a councilman resigns, dies, moves his residence from the city, or for any other reason no longer holds his office, except if granted a leave of absence by the mayor and council and such leave of absence is entered on the minutes; if he is adjudged incompetent; or is convicted of malfeasance in office or of a felony.
In the event the office of mayor or a councilman shall become vacant for any cause whatsoever, the council, or remaining members thereof, shall, within ten days after the occurrence of such vacancy, call a special election as provided by law to fill the balance of the unexpired term of office; provided, however, if a regular election for the vacant office is to be held within six months after such vacancy occurs, the council, or remaining members thereof, shall, by majority vote, appoint a qualified person to the remainder of the unexpired term if the vacant office is that of councilman; and if the vacant office is that of the mayor, then the mayor pro tempore shall fill the vacancy for the remainder of the unexpired term."
GEORGIA LAWS 1984 SESSION
3759
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Public Notice.
Notice is hereby given that the Mayor and Council of the City of Camilla have requested Representative Richard Royal to introduce legislation at the 1984 Session of the General Assembly of Georgia to amend the Charter of the City of Camilla to provide for filling a vacancy on the City Council or in the office of Mayor by special election if such vacancy occurs more than six months prior to the expiration of the term of the office to be filled.
Dated this 22nd day of December, 1983.
A. A. McNeill, Jr. Mayor, City of Camilla
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, A. Richard Royal, who, on oath, deposes and says that he is Representative from the 144th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Camilla Enterprise which is the official organ of Mitchell County, on the following date: December 23, 1983.
/s/ A. Richard Royal Representative, 144th District
3760 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 26th day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 12,1984.
WARE COUNTY -- CONSTITUTIONAL AMENDMENT PROVIDING FOR ELECTION OF BOARD OF EDUCATION, ETC., CONTINUED.
No. 628 (House Bill No. 1335).
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 Constitutional Amendment Number 110 (Res. Act 5, H.R. 13-10, Ga. L. 1964, Ex. Sess., p. 335), duly ratified at the 1964 general election and proclaimed by the Governor to be a part of the Constitution of 1945, as amended by that Constitutional Amendment Number 109 (Res. Act 74, H.R. 326-762, Ga. L. 1966, p. 896), duly ratified at the 1966 general election and proclaimed by the Governor to be a part of the Constitution of 1945, which amendment, as amended, provides for the election of members of the Board of Education of Ware County, the appointment of the county school superintendent of Ware County by the board of education, and the filling of vacancies on such board of education; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
GEORGIA LAWS 1984 SESSION
3761
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 110 (Res. Act 5, H.R. 13-10, Ga. L. 1964, Ex. Sess., p. 335), duly ratified at the 1964 general election and proclaimed by the Governor to be a part of the Constitution of 1945, as amended by that Constitutional Amendment Number 109 (Res. Act 74, H.R. 326-762, Ga. L. 1966, p. 896), duly ratified at the 1966 general election and proclaimed by the Governor to be a part of the Constitution of 1945, which amendment, as amended, provides for the election of members of the Board of Education of Ware County, the appointment of the county school superintendent of Ware County by the board of education, and the filling of vacancies on such board of education, 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 1,1984.
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 1984 session of the General Assembly of Georgia a bill to maintain the provisions of a local constitutional amendment applying to Ware County, Georgia, as found in Georgia Law 1964 ex. sess., p. 335, as amended by Georgia Law 1966, p. 896, which amendment provides for the election of members of the Board of Education of Ware County, the appointment of a county school superintendent of Ware County by the Board of Education, as a filling of vacancies on such board; and for other purposes.
This 17th day of January, 1984.
3762 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Tom Crosby, Jr Representative, 150th District
and Harry D. Dixon Representative, 151st 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 Waycross Journal-Herald which is the official organ of Ware County, on the following date: January 14, 1984.
/s/ Tom Crosby, Jr. Representative, 150th District
Sworn to and subscribed before me, this 26th day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 12,1984.
GEORGIA LAWS 1984 SESSION
3763
CITY OF HIAWASSEE -- TERMS OF MAYOR AND COUNCILMEN -- RESOLUTIONS AND ORDINANCES -- HOW ADOPTED.
No. 630 (House Bill No. 870).
AN ACT
To amend an Act revising the charter of the City of Hiawassee in Towns County, approved March 22,1974 (Ga. L. 1974, p. 3180), so as to change the terms of the mayor and councilmen of the city; to provide that resolutions and ordinances of the mayor and council shall be adopted by the affirmative vote of three members; 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 revising the charter of the City of Hiawassee in Towns County, approved March 22, 1974 (Ga. L. 1974, p. 3180), is amended by striking Section 2-3, relating to election of the mayor and councilmen, and inserting in its place a new section to read as follows:
"Section 2-3. Election of Mayor and Councilmen. (1) The mayor and members of the council in office on the effective date of this section shall serve out the terms for which they were elected and until their successors are elected and qualified.
(2) On the first Tuesday in December, 1984, there shall be elected a mayor and two councilmen to succeed the mayor and two councilmen whose terms expire in December of 1984. The terms of the mayor and two councilmen so elected shall be for two years and until their successors are elected and qualified.
(3) On the first Tuesday in December, 1986, there shall be elected a mayor and five councilmen to succeed the mayor and councilmen whose terms expire in December of 1986. The terms of the mayor and councilmen so elected shall be for two years and until their successors are elected and qualified. Future successors to the mayor and councilmen shall likewise be elected in December of each even-numbered year and shall serve for terms of two years and until their successors are elected and qualified.
3764 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(4) The terms of the mayor and councilmen shall begin on the Monday following their election.
(5) In all elections held by the city for the purpose of selecting new members to the city council, candidates must declare by number which post on the city council they are offering to fill. No candidate's name shall appear on a general election ballot with a political party designation. All elections shall be nonpartisan and no political party or body shall hold or conduct primaries for the purpose of nominating candidates for mayor or councilmen. The candidate receiving a majority of the votes cast for each respective position shall be elected to the city council to fill that particular vacancy on the council."
Section 2. Said Act is further amended by striking paragraph (3) of Section 2-4, relating to the mayor and council, and inserting in its place a new paragraph (3) to read as follows:
"(3) Three of the five councilmen shall constitute a quorum; ordinances and resolutions shall be adopted by the affirmative vote of three members. The mayor and council may, by ordinance, adopt rules and bylaws to govern the conduct of its business, including procedures and penalties for compelling the attendance of absent members. The mayor and council may provide by ordinance for punishment for contemptuous behavior conducted in their presence."
Section 3. Said Act is further amended by striking Section 2-11, relating to city legislation, and inserting in its place a new section to read as follows:
"Section 2-11. City Legislation. Any action of the mayor and council having a regulatory or penal effect or required to be done by ordinance under this Act shall be done only by ordinance. Each ordinance shall be in written form before being introduced. The affirmative vote of three members shall be required to pass any resolution or ordinance. After adoption of ordinances, the city clerk shall number ordinances consecutively, in the order of their final adoption, and shall copy them into a permanent record book used solely for this purpose; and the city clerk shall do likewise for resolutions, using a separate series of numbers and a separate record book. The original copies of all ordinances, resolutions, and motions shall be filed and preserved by the city clerk."
GEORGIA LAWS 1984 SESSION
3765
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 revising the charter and reincorporating and creating a new charter for the City of Hiawassee in the County of Towns, approved March 22,1974 (Ga. L. 1974, P. 3180); and for other purposes.
This 27th 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: February 3,10 and 17,1983.
/s/ Ralph Twiggs Representative, 4th 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 12,1984.
3766 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
HARRIS COUNTY -- HOMESTEAD EXEMPTIONS -- REFERENDUM.
No. 631 (House Bill No. 873).
AN ACT
To provide homestead exemptions from Harris County and Harris County School District ad valorem taxes; to provide requirements to be eligible to claim such exemptions; to provide definitions; 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. This Act is passed pursuant to Article VI, Section II, Paragraph II of the Constitution, authorizing the grant of homestead exemptions from ad valorem taxation levied by local taxing jurisdictions.
Section 2. For purposes of this Act, the term:
(1) "Homestead" means any real property owned by or leased by and in the possession of the owner or lessee on January 1 of the taxable year.
(2) "Lessee" means any individual who holds an estate for years or a leasehold estate in real property and who, at his own expense, erects his residence on such real property and any subsequent holder of an estate for years or a leasehold estate in this real property and residence.
Section 3. (a) The homestead of each resident of Harris County, which homestead is actually occupied by the owner or lessee as a residence and only so long as the homestead is actually occupied
GEORGIA LAWS 1984 SESSION
3767
by the owner or lessee as such, is exempted in the amount of $4,000.00 from all county and county school district ad valorem taxes.
(b) In addition to the exemption provided for in subsection (a) of this section, the homestead of each resident of Harris County who is 65 years of age or older and who has a net income not exceeding $8,000.00 for the immediately preceding taxable year for income tax purposes, which homestead is actually occupied by the owner or lessee as a residence and only so long as the homestead is actually occupied by the owner or lessee as such, is exempted in the amount of $2,000.00 from all county ad valorem taxes. For the purposes of this subsection, net income shall not include income received as retirement, survivor, or disability benefits under the federal Social Security Act or under any other public or private retirement, disability, or pension system, except such income which is in excess of the maximum amount authorized to be paid to an individual and his spouse under the federal Social Security Act, and income from such sources in excess of such maximum amount shall be included as net income for the purposes of this subsection.
(c) Except to the extent that a resident of Harris County is qualified for any other homestead exemption under the Constitution or general law, the value of the homestead in excess of the above exempted amount or amounts shall remain subject to ad valorem taxation by Harris County. No resident shall receive the benefits of such homestead exemption unless he or his agent provides the governing authority of the county, or a person designated by the governing authority, with an affidavit stating that he is a resident and that the property is his homestead and residence and containing such additional information as will enable the governing authority to make a determination as to whether such person is entitled to such exemption. The governing authority shall provide the necessary forms for such purpose. No resident who is entitled to the additional exemption as provided for in subsection (b) of this section shall be qualified to receive the benefits of such homestead exemption unless he files an affidavit with the governing authority of Harris County, or with the person designated by the governing authority of Harris County, giving his age and the amount of income which he receives and such additional information as may be required to make a determination as to whether such owner is entitled to such exemption. Such applications shall be processed in the same manner as other applications for homestead exemptions and the provisions of law applicable to the processing of homestead exemptions, as the same now exist or
3768 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
may hereafter be amended, shall apply thereto; but after any such person has filed the proper application and certificates as provided in this section and has been allowed the exemption provided in this Act, it shall not be necessary that he make application and file said certificates thereafter for any year and the said exemption shall continue to be allowed to such person. It shall be the duty of any such person, however, to notify the governing authority in the event he becomes ineligible for any reason for the exemptions provided in this Act. The General Assembly may provide by law for the proper administration of this exemption, including penalties necessary therefor. The increased exemptions provided in this Act shall apply to all taxable years beginning after December 31,1984.
Section 4. It shall be the duty of the election superintendent of Harris County to issue the call for an election for the purpose of submitting this Act to the electors of Harris County for approval or rejection. The superintendent shall set the date of such election for the same date as the date of the general primary election of 1984. The superintendent shall issue the call for such election at least 30 days prior to the date thereof. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Harris County. The ballot shall have written or printed thereon the words:
"( ) YES ( ) NO
Shall the Act changing and increasing the homestead exemptions granted to residents of Harris County be approved?"
All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect; otherwise it shall be void and of no force and effect.
The expense of such election shall be borne by Harris County. It shall be the duty of the superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State.
GEORGIA LAWS 1984 SESSION
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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 in the regular 1983 session of the General Assembly of Georgia a bill relative to homestead exemptions from ad valorem taxation and providing for other matters relative thereto; and for other purposes.
This the 18th day of January, 1983.
Harris County Commissioners
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. Randolph Phillips, who, on oath, deposes and says that he is Representative from the 93rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Harris County Journal which is the official organ of Harris County, on the following dates: January 20, February 17,24,1983.
/s/ W. Randolph Phillips Representative, 93rd District
3770 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 3rd day of March, 1983.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 12,1984.
MAGISTRATE COURT OF LIBERTY COUNTY | 1 MANNER OF SELECTING MAGISTRATES CHANGED.
No. 632 (House Bill No. 903).
AN ACT
To change the provisions relating to the Magistrate Court of Liberty County so as to change the manner of selecting the chief magistrate and other magistrates and to provide for terms of and vacancies in such offices; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. The chief magistrate of Liberty County first selected to take office prior to January 1, 1985, shall serve a term of office which expires December 31,1984. Thereafter, successors to the office of chief magistrate of Liberty County shall be appointed for terms of four years to begin the first day of January following the expiration of the immediately preceding term. Appointments to fill vacancies due to expired or unexpired terms in the office of chief magistrate of Liberty County shall be made by the board of commissioners of Liberty County. Any person appointed as chief magistrate of Liberty County shall serve until the expiration of the term of office to which appointed and until a successor is appointed and qualified.
GEORGIA LAWS 1984 SESSION
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Section 2. On and after January 1,1985, the chief magistrate of Liberty County, with the approval of the board of commissioners of Liberty County, may appoint such additional magistrates of the Magistrate Court of Liberty County as needed. Such additional magistrates appointed pursuant to this section shall possess the qualifications of magistrates and shall receive the compensation of magistrates provided in Chapter 10 of Title 15 of the O.C.G.A., relating to magistrate courts.
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 1984 session of the General Assembly of Georgia a Bill to change certain provisions relating to the Magistrate Court of Liberty County; and for other purposes.
This 3rd day of January, 1984.
Joe E. Brown Representative, 154th District
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 Legislation was published in the Coastal Courier which is the official organ of Liberty County, on the following dates: January 6,1984.
3772 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
/s/ Joe E. Brown Representative, 154th District
Sworn to and subscribed before me, this 9th day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 12,1984.
WILKINSON COUNTY -- HOMESTEAD EXEMPTIONS -- REFERENDUM.
No. 633 (House Bill No. 961). AN ACT
To increase the amount of the exemption from county ad valorem taxes for county purposes which applies to the homestead of each resident of Wilkinson County actually occupied by the owner as a residence and homestead; to increase the amount of the exemption from county ad valorem taxes for county purposes which applies to the homestead of each resident of Wilkinson County who is age 65 or older and who meets certain income qualifications; to provide for all related matters; to provide for the approval or disapproval of this Act by the voters of Wilkinson County; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
GEORGIA LAWS 1984 SESSION
3773
Section 1. The homestead of each resident of Wilkinson County actually occupied by the owner as a residence and homestead, and only so long as actually occupied by the owner primarily as such, is exempted from Wilkinson County ad valorem taxation for county purposes, subject to the following limits:
(1) The exemption granted by this section shall not exceed $4,000.00 of the assessed value of the homestead for the tax year beginning January 1,1985;
(2) The exemption granted by this section shall not exceed $5,000.00 of the assessed value of the homestead for the tax year beginning January 1,1986; and
(3) The exemption granted by this section shall not exceed $6,000.00 of the assessed value of the homestead for the tax year beginning January 1,1987, and for all tax years thereafter.
Section 2. The exemption granted by Section 1 of this Act shall be in lieu of and not in addition to the $2,000.00 exemption from county ad valorem taxation granted by the general provisions of the Constitution and laws of this state. If the amount of said exemption granted by the general provisions of the Constitution and laws of this state is increased above the amount of the exemption granted by Section 1 of this Act, then such increased general exemption shall apply rather than the exemption granted by Section 1 of this Act.
Section 3. The exemption granted by Section 1 of this Act shall not apply to or affect any taxes levied to retire bonded indebtedness, county taxes for school purposes, state taxes, or municipal taxes.
Section 4. Any person who as of January 1,1985, has applied for and is eligible for the $2,000.00 exemption from county ad valorem taxation granted by the general provisions of the Constitution and laws of this state shall be eligible for the exemption granted by Section 1 of this Act without applying therefor. Thereafter, application for the exemption granted by Section 1 of this Act shall be made in the same manner as the application for said exemption granted by the general provisions of the Constitution and laws of this state.
Section 5. Each resident of Wilkinson County who is 65 years of age or over is granted an exemption from Wilkinson County ad valorem taxation for county purposes in the amount specified by this
3774 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
section on a homestead owned and occupied by the resident as a residence if the resident's net income, together with the net income of the resident's spouse who also occupies and resides at such homestead, as net income is defined by Georgia law, from all sources except as hereinafter provided, does not exceed $8,000.00 for the immediately preceding taxable year for income tax purposes. For the purposes of this section, net income shall not include income received as retirement, survivor, or disability benefits under the federal Social Security Act or under any other public or private retirement, disability, or pension system, except such income which is in excess of the maximum amount authorized to be paid to an individual under the federal Social Security Act; and income from such sources in excess of such maximum amount shall be included as net income for the purposes of this section. The amount of the exemption granted by this section shall be as follows:
(1) The exemption granted by this section shall be $6,000.00 of the assessed value of the homestead for the tax year beginning January 1,1985;
(2) The exemption granted by this section shall be $7,000.00 of the assessed value of the homestead for the tax year beginning January 1,1986; and
(3) The exemption granted by this section shall be $8,000.00 of the assessed value of the homestead for the tax year beginning January 1,1987, and for all tax years thereafter.
Section 6. The exemption granted by Section 5 of this Act shall be in lieu of and not in addition to the $4,000.00 exemption from county ad valorem taxation granted by the general provisions of the Constitution and laws of this state to persons who meet the age and income qualifications set out in Section 5 of this Act. If the amount of said exemption granted by the general provisions of the Constitution and laws of this state is increased above the amount of the exemption granted by Section 5 of this Act, then such increased exemption shall apply rather than the exemption granted by Section 5 of this Act.
Section 7. The exemption granted by Section 5 of this Act shall not apply to or affect any taxes levied to retire bonded indebtedness, county taxes for school purposes, state taxes, or municipal taxes.
GEORGIA LAWS 1984 SESSION
3775
Section 8. Any person who as of January 1, 1985, has applied for and is eligible for the $4,000.00 exemption from county ad valorem taxation granted by the general provisions of the Constitution and laws of this state to persons who meet age and income requirements corresponding to those set out in Section 5 of this Act shall be eligible for the exemption granted by Section 5 of this Act without applying therefor. Thereafter, application for the exemption granted by Section 5 of this Act shall be made in the same manner as the application for said exemption granted by the general provisions of the Constitution and laws of this state. It shall be the duty of any such person to notify the tax commissioner or tax receiver in the event such person becomes ineligible for the exemption granted by Section 5 of this Act.
Section 9. The value of any residence in excess of the amount exempted by Section 1 or Section 5 of this Act shall remain subject to taxation.
Section 10. Not less than 30 nor more than 60 days prior to the date of the August, 1984, primary election, 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 Wilkinson County for approval or rejection. The superintendent shall set the date of such election for the date of the August, 1984, primary election. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Wilkinson County. The ballot shall have written or printed thereon the words:
"( ) YES ( ) NO
Shall the Act increasing the amount of the homestead exemption from county taxes granted to all residents of Wilkinson County and increasing the amount of homestead exemption from county taxes granted to residents of Wilkinson County who are age 65 or older and who meet certain income qualifications 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
3776 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Sections 1 through 9 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 Wilkinson County. It shall be the duty of the superintendent to hold and conduct such election. It shall be the election superintendent's further duty to certify the result thereof to the Secretary of State.
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 at the regular 1984 session of the General Assembly of Georgia a bill to increase the amount of the homestead exemption from county taxes granted to all residents of Wilkinson County; to increase the amount of the homestead exemption from county taxes granted to residents of Wilkinson County who are age 65 or older and meet certain income requirements; to provide for related matters; to provide for a referendum election; and for other purposes.
This 27th day of December, 1983.
Kenneth W. Birdsong Representative, 104th 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 Wilkinson County News which is the
GEORGIA LAWS 1984 SESSION
3777
official organ of Wilkinson County, on the following date: January 5, 1984.
/s/ Kenneth W. Birdsong Representative, 104th District
Sworn to and subscribed before me, this 10th day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 12,1984.
LUMPKIN COUNTY -- TERM OF OFFICE OF CHIEF MAGISTRATE -- ELECTION OF SUCCESSOR.
No. 634 (Senate Bill No. 393).
AN ACT
To provide for the term of office of the chief magistrate of Lumpkin County; to provide for the appointment of a successor chief magistrate for a certain term; to provide for the election of successor chief magistrates and for their 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:
3778 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 1. (a) The person holding office as chief magistrate of Lumpkin County on the effective date of this Act shall hold office as chief magistrate until September 18, 1986, which is the date of the expiration of the term of office to which the person was originally appointed as a justice of the peace of Lumpkin County. The judges of the superior court of Lumpkin County shall appoint a successor chief magistrate to serve for a term beginning on September 19,1986, and ending on December 31, 1988. At the general election of 1988, a successor chief magistrate shall be elected by the voters of Lumpkin County for a term of four years beginning on January 1, 1989, and until a successor is elected and qualified. Thereafter, successor chief magistrates shall be elected by the voters of Lumpkin County 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. The chief magistrate shall be elected at such elections in partisan elections in the same manner as county officers are elected.
(b) In the event of a vacancy in the office of chief magistrate of Lumpkin County prior to September 18,1986, such vacancy shall be filled until September 18,1986, in the manner provided by subsection (e) of Code Section 15-10-20 of the O.C.G.A. Thereafter, any vacancy in the office of chief magistrate of Lumpkin County shall be filled for the unexpired term in the manner provided by subsection (e) of Code Section 15-10-20 of the O.C.G.A.
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Legal Notice.
Notice is hereby given that there will be introduced at the regular 1984 session of the General Assembly of Georgia a bill relative to the office of chief magistrate of Lumpkin County; and for other purposes.
This 30th day of December, 1983.
GEORGIA LAWS 1984 SESSION J. B. Jones
3779
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John C. Foster, who, on oath, deposes and says that he is Senator from the 50th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Dahlonega Nugget which is the official organ of Lumpkin County, on the following date: January 5,1984.
/s/ John C. Foster Senator, 50th District
Sworn to and subscribed before me, this 12th day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 12, 1984.
CITY OF MONTICELLO -- MAYOR AND COUNCILMEN -- ELECTION PROCEDURES.
No. 635 (Senate Bill No. 404). AN ACT
To amend an Act repealing an Act incorporating the City of
3780 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Monticello and granting a new charter to the City of Monticello, approved March 10,1959 (Ga. L. 1959, p. 2683), so as to change the provisions relating to the election of the mayor and councilmen; to change the provisions relating to the mayor pro tempore; to provide procedures for electing the mayor and councilmen; 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 repealing an Act incorporating the City of Monticello and granting a new charter to the City of Monticello, approved March 10, 1959 (Ga. L. 1959, p. 2683), is amended by striking Section 6 in its entirety and inserting in lieu thereof a new Section 6 to read as follows:
"Section 6. (a) Any person who is a resident of the territory described as the corporate limits of the city and who has been a resident thereof for one continuous year immediately preceding the date of the election, and who is 21 years of age and a qualified voter of said city, and who is otherwise qualified as provided in this section shall be eligible to be elected as mayor or councilman. Should the mayor or councilman elected from the city at large remove his residence from within the corporate limits of said city during his term of office, his office shall immediately become vacant. Should any councilman elected from an election district remove his residence from the district from which he was elected during his term of office, his office shall immediately become vacant.
(b) The mayor and one councilman may reside anywhere within the City of Monticello and shall be elected by a majority of the qualified electors of the entire city. The councilman elected from the city at large shall be the mayor pro tempore.
(c) (1) For purposes of electing the other four members of the city council, the City of Monticello is divided into two election districts by the following described line, to wit: Beginning at the point where the Southern Railroad tract intersects the southern boundary of the Monticello city limits line; from that point northeast along the centerline of the Southern Railroad track
GEORGIA LAWS 1984 SESSION
3781
until it intersects Key Street; from that point southeast along the centerline of Key Street until it intersects Blue Ruin Street; from that point northeast along the centerline of Blue Ruin Street until it intersects with the Monticello city limits line.
Election District No. 1 shall contain all that territory and area within the city limits of Monticello which lies east and southeast of the above-described line.
Election District No. 2 shall contain all that territory and area within the city limits of Monticello which lies west and northwest of the above-described line.
(2) Two councilmen shall be elected from Election District No. 1 as described above. Said election district shall have two posts, designated Post 1 and Post 2. A person offering as a candidate for election to the council from Election District No. 1 shall designate the post for which he is seeking election and shall be a legal resident of such election district. Candidates for the office of councilman from an election district shall certify at the time of their qualification as candidates that they are residents of the election district from which they seek election. To be elected as a member of the council from Election District No. 1, a candidate must receive the highest number of votes cast for the particular post and, at the same time, the candidate must receive a majority of the total votes cast for such post. The qualified voters of Election District No. 1 shall be authorized to vote for one candidate for each post within such election district.
(3) Two councilmen shall be elected from Election District No. 2 as described in paragraph (1) of this subsection. Said election district shall have two posts, designated Post 1 and Post 2. A person offering as a candidate to the council from Election District No. 2 shall designate the post for which he is seeking election and shall be a legal resident of such election district. Candidates for the office of councilman from an election district shall certify at the time of the qualification as candidates that they are residents of the election district from which they seek election. To be elected as a member of the council from Election District No. 2, a candidate must receive the highest number of votes cast for the particular post and, at the same time, the candidate must receive a majority of the total votes cast for such post. The qualified voters of Election District No. 2 shall be authorized to vote for one candidate for each post within such election district.
3782 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(d) If no candidate for a particular office receives a majority of the votes cast for all candidates for such office, a run-off election shall be held between the two candidates receiving the highest number of votes.
(e) 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 2. Said Act is further amended by striking Section 7 in its entirety and inserting in lieu thereof a new Section 7 to read as follows:
"Section 7. (a) The mayor and councilmen of the City of Monticello serving on January 1,1984, or any successors elected to fill vacancies created by such mayor or councilmen, shall serve for the remainder of their unexpired terms. At the municipal election in 1985, the mayor and councilmen elected in accordance with the provisions of Section 6 shall be elected to take office on the first Tuesday in January in 1986 for terms of two years and until their successors are elected and qualified. Thereafter, successors shall be elected in the municipal election in the year in which their terms of office expire and shall take office on the first Tuesday in January immediately following their election for terms of two years and until their successors are elected and qualified.
(b) On the first Tuesday in January immediately following their election, the mayor and councilmen-elect shall meet in the city hall or council chamber and there severally take, before some officer authorized to administer oaths under the laws of this state, the following oath of office, to wit:
`I do solemnly swear that I will well and truly demean myself as mayor (or councilman, as the case may be) of the City of Monticello for the ensuing term, and that I will faithfully enforce the charter and ordinances of said city to the best of my skill and knowledge without fear or favor, so help me God.'
Should the mayor or any councilman be absent from said meeting, he shall take the oath of office as soon as possible thereafter."
GEORGIA LAWS 1984 SESSION
3783
Section 3. Said Act is further amended by striking Section 20 in its entirety and inserting in lieu thereof a new Section 20 to read as follows:
"Section 20. The mayor pro tempore shall, in the absence or disqualification of the mayor, be the presiding officer of the city council. He shall be allowed to vote on all questions and shall, in the absence or disqualification of the mayor, or when the mayor from sickness or other reasons is unable to act, exercise all the functions of the office of mayor and all the duties, powers, rights, and privileges conferred by this charter upon the mayor."
Section 4. The provisions of this Act relating to and necessary for the election of the mayor and councilmen of the City of Monticello at the 1985 municipal election shall be effective on and after January jy 1985. The remaining provisions of this Act, including Section 3, shall become effective on the first Tuesday in January in 1986.
Section 5. All laws and parts of laws in conflict with this Act are repealed.
Notice of Intention to Introduce Local Legislation.
Georgia, Jasper County
Notice is given that there will be introduced at the regular 1984 session of the General Assembly of Georgia a bill to amend an Act repealing an Act incorporating the City of Monticello and granting a new charter to the City of Monticello, approved March 10,1959 (Ga. L. 1959, p. 2683), as amended; and for other purposes.
This 27th day of December, 1983.
3784 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Culver Kidd Senator, 25th District
Affidavit of Publisher.
Georgia, Jasper County.
Personally appeared before me, the undersigned officer, duly authorized to administer oaths in said State and County, W. T. Hughes, Jr., who, having been duly sworn, deposes and says on oath that he is an authorized representative of The Monticello News, that, as such, he is authorized to make this affidavit, and that the attached notice was published in The Monticello News, a local newspaper of general circulation in Monticello, Jasper, Georgia, on the following date: Dec. 29,1983.
This 12 day of January, 1984.
/s/ W. T. Hughes, Jr.
Sworn to and subscribed before me, this 12 day of January, 1984.
/s/ Mrs. W. T. Hughes, Jr. Notary Public, Georgia State at Large. My Commission Expires Sept. 7, 1984.
Approved March 12, 1984.
GEORGIA LAWS 1984 SESSION
3785
JASPER COUNTY MAGISTRATE COURT APPOINTMENT AND COMPENSATION OF CHIEF
MAGISTRATE, ETC.
No. 636 (Senate Bill No. 474).
AN ACT
To make provisions for the Magistrate Court of Jasper County; to provide for legislative intent; to provide for the appointment of a chief magistrate; to provide for the compensation of the chief magistrate; to provide for cost-of-living increases in compensation under certain conditions; to provide for collection of additional costs as law library fees; 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. It is the intent of this Act to implement certain local prerogatives authorized by Chapter 10 of Title 15 of the Official Code of Georgia Annotated.
Section 2. During the month of December, 1984, and each four years thereafter, it shall be the duty of the chief judge of the Superior Court of Jasper County to appoint a successor to the chief magistrate of the Magistrate Court of Jasper County, who shall take office on the first day of January following his appointment to serve for four years and until his successor is appointed and qualified.
Section 3. A vacancy in the office of chief magistrate of the Magistrate Court of Jasper County shall be filled by appointment by the chief judge of the Superior Court of Jasper County. Such appointment shall be for the remainder of the unexpired term in which the vacancy occurred. At the end of such term, the chief magistrate shall be appointed in accordance with Section 2 of this Act.
Section 4. (a) The chief magistrate shall receive an annual salary of $7,000.00 to be paid in equal monthly installments from county funds.
(b) On and after January 1,1985, when the governing authority of Jasper County grants a cost-of-living increase in the compensation
3786 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
of county employees, the salary of the chief magistrate shall be increased by the same percentage or the same amount; whichever is applicable, and shall be paid from the funds of the county.
Section 5. (a) The collection of additional costs in cases before the Magistrate Court of Jasper County shall be made for the benefit of the Jasper County Law Library. The amount of such fees shall not exceed $2.00. The amount of such fees shall be determined by the chief judge of the Superior Court of Jasper County.
(b) The clerk of the Magistrate Court of Jasper County shall collect the law library fees and remit the same each month to the treasurer of the board of trustees for the law library.
Section 6. All laws and parts of laws in conflict with this Act are repealed.
Notice of Intention to Introduce Local Legislation.
Georgia, Jasper County.
Notice is given that there will be introduced at the regular 1984 session of the General Assembly of Georgia a bill to change the provisions relating to the Magistrate Court of Jasper County; to change the provisions relating to the chief magistrate and other magistrates of said court; and for other purposes.
This 27th day of December, 1983.
GEORGIA LAWS 1984 SESSION
Culver Kidd Senator, 25th District
3787
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 Monticello News which is the official organ of Jasper County, on the following date: December 29,1983.
/s/ Culver Kidd Senator, 25th District
Sworn to and subscribed before me, this 24th day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 12, 1984.
3788 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
PUTNAM COUNTY MAGISTRATE COURT -- APPOINTMENT OF CHIEF MAGISTRATE, ETC.
No. 637 (Senate Bill No. 475).
AN ACT
To make provisions for the Magistrate Court of Putnam County; to provide for legislative intent; to provide for the appointment of a chief magistrate and one other magistrate; to provide for a clerk; to provide for the compensation of the chief magistrate, magistrate, and clerk; to authorize law library fees to be set as additional costs; 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. It is the intent of this Act to implement certain local prerogatives authorized by Chapter 10 of Title 15 of the Official Code of Georgia Annotated.
Section 2. The number of magistrates authorized for the Magistrate Court of Putnam County shall be two magistrates, consisting of a chief magistrate and one other magistrate.
Section 3. The chief magistrate who will take office January 1, 1985, and all future chief magistrates shall be appointed by majority vote of the superior court judges of the Ocmulgee Circuit.
Section 4. The magistrate other than the chief magistrate shall be appointed by the chief magistrate. The term of such magistrate shall run concurrently with the term of the chief magistrate.
Section 5. Vacancies in the office of chief magistrate or magistrate shall be filled as provided by general law.
Section 6. The chief magistrate may appoint a clerk for the Magistrate Court of Putnam County. Such clerk shall serve at the pleasure of the chief magistrate.
GEORGIA LAWS 1984 SESSION
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Section 7. (a) The chief magistrate shall receive an annual salary of $10,000.00 to be paid in equal monthly installments from county funds.
(b) The magistrate shall receive an annual salary of $3,600.00 to be paid in equal monthly installments from county funds.
(c) The clerk shall receive an annual salary of $6,000.00 to be paid in equal monthly installments from county funds.
Section 8. (a) The collection of additional costs in cases before the Magistrate Court of Putnam County shall be made for the benefit of the Putnam County Law Library. The amount of such fees shall be $1.00.
(b) The clerk of the Magistrate Court of Putnam County shall collect the law library fees and remit the same each month to the treasurer of the board of trustees for the law library.
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 1984 session of the General Assembly of Georgia a bill to make provisions for the personnel and operation of the Magistrate Court of Putnam County; to provide for related matters; and for other purposes.
This 28 day of Dec., 1983.
3790 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Culver Kidd
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 Eatonton Messenger which is the official organ of Putnam County, on the following date: December 29,1983.
/s/ Culver Kidd Senator, 25th District
Sworn to and subscribed before me, this 19th day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 12, 1984.
DOUGLAS COUNTY -- COMPENSATION OF CORONER CHANGED.
No. 638 (Senate Bill No. 490). AN ACT
To amend an Act placing the coroner of Douglas County on a
GEORGIA LAWS 1984 SESSION
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salary in lieu of a fee basis of compensation, approved March 28,1961 (Ga. L. 1961, p. 2511), as amended, so as to change the compensation of the coroner; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act placing the coroner of Douglas County on a salary in lieu of a fee basis of compensation, approved March 28,1961 (Ga. L. 1961, p. 2511), 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. In lieu of all fees, costs, perquisites, and emoluments of whatever kind and nature now or hereafter allowed by law to coroners for service as such, the coroner of Douglas County is placed on a salary of $600.00 per month."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1984 session of the General Assembly of Georgia a bill to amend an Act placing the coroner of Douglas County on a salary in lieu of a fee basis of compensation, approved March 28, 1961 (Ga. L. 1961, p. 2511), as amended; and for other purposes.
This 10th day of January, 1984.
3792 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Wayne Garner Senator, 30th District
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 Senator from the 30th 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 date: January 17,1984.
/s/ Wayne Garner Senator, 30th District
Sworn to and subscribed before me, this 19th day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 12, 1984.
GEORGIA LAWS 1984 SESSION
3793
TOWNS COUNTY -- CONSTITUTIONAL AMENDMENT REGARDING LEVY OF SALES AND USE TAX CONTINUED.
No. 639 (Senate Bill No. 495).
AN ACT
To provide for authority; to continue in force and effect as part of the Constitution of the State of Georgia that constitutional amendment duly ratified at the 1982 general election (Res. Act 128, Senate Resolution 321, Ga. L. 1982, p. 2540), and proclaimed by the Governor to be a part of the Constitution of the State of Georgia, which amendment provides that unless the joint county and municipal 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 District shall be required to impose, levy, and collect a 1 percent sales and use tax for educational purposes and to adjust millage rate limitations upon and the millage rate levied by the Towns County School District on and after January 1,1984, to take into account the proceeds received from the tax by the school district for the preceding year; 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 of the State of Georgia authorizing the continuation of certain amendments to the Constitution.
Section 2. The constitutional amendment duly ratified at the 1982 general election (Res. Act 128, Senate Resolution 321, Ga. L. 1982, p. 2540), and proclaimed by the Governor to be a part of the Constitution of the State of Georgia, which amendment provides that unless the joint county and municipal 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 District shall be required to impose, levy, and collect a 1 percent sales and use tax for educational purposes and to adjust millage rate limitations upon and the millage rate levied by the Towns County School District on and after January 1,1984, to take into account the proceeds received from
3794 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
the tax by the school district for the preceding year, shall not be repealed or deleted on July 1, 1987, but is specifically continued in force and effect on and after that date as part of the Constitution of the State of Georgia.
Section 3. This Act shall become effective July 1,1984.
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 1984 session of the General Assembly of Georgia, a bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment ratified at the 1982 general election which provides that unless the joint county and municipal 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 District shall be required to impose, levy, and collect a 1 percent sales and use tax for educational purposes and to adjust millage rate limitations upon and the millage rate levied by the Towns County School District on and after January 1,1984, to take into account the proceeds received from the tax by the school district for the preceding year and for other purposes.
This 23rd day of January, 1984.
Affidavit of Publication.
Georgia, Towns County.
Before the undersigned, a Notary Public of said County and State, duly commissioned, qualified, and authorized by law to administer oaths, personally appeared Wanda R. West who being first duly sworn, deposes and says: that she is publisher engaged in the publication of a newspaper known as Towns County Herald, published,
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issued, and entered as second class mail in the City of Hiawassee, in said County and State; that she is authorized to make this affidavit and sworn statement; that the notice or other legal advertisement, a true copy of which is attached hereto, was published in Towns County Herald on the following date January 26,1984 and received the sum of $10.00 to publish said advertisement, being notice of intention to introduce local legislation concerning a 1 percent sales and use tax for educational purposes.
This 26 day of January, 1984
/s/ Wanda R. West
Sworn to and subscribed before me, this 26th day of January, 1984.
/s/ Gerald K. West Notary Public. My Commission Expires February 9, 1986. (Seal).
Approved March 12, 1984.
CITY OF NEWNAN -- DISTRICT ELECTION OF ALDERMEN, ETC.
No. 640 (Senate Bill No. 505).
AN ACT
To amend an Act creating a new charter for the City of Newnan, approved December 8, 1893 (Ga. L. 1893, p. 272), as amended, particularly by an Act approved April 17,1973 (Ga. L. 1973, p. 3688), so as to change the method of electing members of the board of
3796 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
aldermen; to provide for single-member districts and at-large districts; to provide for terms and manner of election; to provide for election of the mayor; to repeal specific laws; 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 Newnan, approved December 8, 1893 (Ga. L. 1893, p. 272), as amended, particularly by an Act approved April 17,1973 (Ga. L. 1973, p. 3688), is amended by striking in its entirety Section 4 and inserting in its place a new Section 4 to read as follows:
"Section 4. (a) The municipal general election for the City of Newnan shall be held on the last Tuesday in October of each year.
(b) (1) The government of the City of Newnan shall be vested in a mayor and six aldermen. The mayor and four aldermen in office on the effective date of this Act shall continue in office until the expiration of the terms for which they were elected and until successors are elected and qualified.
(2) The mayor shall be elected by the voters of the city as a whole for a term of four years and until a successor is elected and qualified. The mayor in office on the effective date of this Act shall stand for reelection at the 1985 municipal general election.
(c) (1) The membership of the board of aldermen shall be elected from four single-member districts and two at-large districts.
(2) At-large districts shall be called Post One and Post Two. Each member from an at-large district shall be elected by a plurality of the votes cast by the voters of the city as a whole. To qualify for election from an at-large post, a candidate must be a resident of the city.
(3) Single-member districts shall be called Districts A, B, C, and D. Each member from such districts shall be elected by a majority of the votes cast by voters residing within the district. To qualify for election from a single-member district, a candidate must be a resident of the district.
GEORGIA LAWS 1984 SESSION
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(d) The City of Newnan shall be divided into single-member election districts as follows:
(1) District A shall have the following boundaries:
Beginning at the intersection of McIntosh Street with the southeasterly city limits; westerly along McIntosh Street to Ball Street; northerly along Ball Street to its terminus at Lake Drive; easterly along Lake Drive to East Broad Street; westerly along East Broad Street to Roberts Road; northerly along Roberts Road to East Washington Street; westerly along East Washington Street to North Court Square; westerly along North Court Square to Jackson Street; northerly along Jackson Street to Wesley Street; westerly along Wesley Street to College Street; northerly along College Street to Temple Avenue; westerly along Temple Avenue to Dent Street; northerly along Dent Street to Clark Street; westerly along Clark Street to Powell Place; northerly along Powell Place to Elm Street; easterly along Elm Street to Atkinson Street; northerly along Atkinson Street to Parks Avenue; easterly along Parks Avenue to Jackson Street (U. S. 29 highway); northerly along Jackson Street (U. S. 29 highway) to a point where the city limits last touches said highway; thence following the city limits easterly and southerly to the beginning.
(2) District B shall have the following boundaries:
Beginning at the intersection of LaGrange Street with the southwesterly city limits; easterly along LaGrange Street to Boone Drive; northerly along Boone Drive to Lovelace Street; westerly along Lovelace Street to Pratt Street; northerly along Pratt Street and V.C. Street to Fair Street; easterly along Fair Street to Taylor Street; northerly along Taylor Street to Temple Avenue; easterly along Temple Avenue to Clark Street; easterly along Clark Street to Powell Place; northerly along Powell Place to Elm Street; easterly along Elm Street to Atkinson Street; northerly along Atkinson Street to Parks Avenue; easterly along Parks Avenue to Jackson Street (U. S. 29 highway); northerly along Jackson Street (U. S. 29 highway) to the northerly city limits at a point immediately north of the intersection of Phillips Avenue; thence westerly and southerly along the city limits to the beginning.
3798 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(3) District C shall have the following boundaries:
Beginning at the intersection of Paul Street with Ball Street; northerly along Ball Street to its terminus at Lake Drive; easterly along Lake Drive to East Broad Street; westerly along East Broad Street to Roberts Road; northerly along Roberts Road to East Washington Street; westerly along East Washington Street to North Court Square; westerly along North Court Square to Jackson Street; northerly along Jackson Street to Wesley Street; westerly along Wesley Street to College Street; northerly along College Street to Temple Avenue; westerly along Temple Avenue to Dent Street; northerly along Dent Street to Clark Street; westerly along Clark Street to Temple Avenue; westerly along Temple Avenue to Taylor Street; southerly along Taylor Street to Fair Street; westerly along Fair Street to V. C. Street; southerly along V. C. Street and Pratt Street to Lovelace Street; easterly along Pratt Street to Boone Drive; southerly along Boone Drive to Fourth Street; easterly along Fourth Street to First Avenue; southerly along First Avenue to Buchanan Street; easterly along Buchanan Street and Powell Street to Greenville Street; northerly along Greenville Street to Savannah Street; easterly along Savannah Street, including the continuation of Savannah Street across the A & WP Railroad to Robinson Street; southerly along Robinson Street to Dewey Street; easterly along Dewey Street to Pinson Street; southerly along Pinson Street to Paul Street; easterly along Paul Street to the beginning.
(4) District D shall have the following boundaries:
Beginning at the intersection of LaGrange Street with the southwesterly city limits; easterly along LaGrange Street to Boone Drive; northerly along Boone Drive to Fourth Street; easterly along Fourth Street to First Avenue; southerly along First Avenue to Buchanan Street; easterly along Buchanan Street and Powell Street to Greenville Street; northerly along Greenville Street to Savannah Street; easterly along Savannah Street, including the continuation of Savannah Street across the A & WP Railroad to Robinson Street; southerly along Robinson Street to Dewey Street; easterly along Dewey Street to Pinson Street; southerly along Pinson Street to Paul Street; easterly along Paul Street to
GEORGIA LAWS 1984 SESSION
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Ball Street; southerly along Ball Street to McIntosh Street; easterly along McIntosh Street to the southeasterly city limits; thence southerly and westerly along the city limits to the beginning.
(e) (1) At the municipal general election in 1984, members for the board of aldermen from District B, District C, and Post One At-large shall be elected for terms of four years and until successors are elected and qualified. Thereafter, successors shall be elected to such posts quadrennially and until successors are elected and qualified.
(2) At the municipal general election in 1986, members for the board of aldermen from District A, District D, and Post Two At-large shall be elected for terms of four years and until successors are elected and qualified. Thereafter, successors shall be elected to such posts quadrennially and until successors are elected and qualified.
(f) At the first regular meeting of the mayor and board of aldermen each year, they shall elect one alderman to serve as mayor pro tern., who shall serve as such for the ensuing calendar year. In the event a vacancy shall occur in the office of mayor pro tern., a successor shall be appointed to serve out the unexpired term by the mayor and aldermen.
(g) Officers elected under this section shall take office on January 1 following their election."
Section 2. The following specific laws and parts of laws are repealed:
(1) Section 3 of an Act to provide a council-manager form of government for the City of Newnan, approved March 17, 1960 (Ga. L. 1960, p. 3020); and
(2) An Act to provide for the numbering of positions on the board of aldermen for election purposes, approved March 23,1972 (Ga. L. 1972, p. 2385).
Section 3. All laws and parts of laws in conflict with this Act are repealed.
3800 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 1984 regular session of the General Assembly of Georgia a bill to change the method of electing members of the Board of Aldermen of the City of Newnan, and for other purposes.
This second day of January, 1984.
Charles L. Goodson City Attorney for the City of Newnan
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 published in the Newnan Times-Herald which is the official organ of Coweta County, on the following date: January 5,1984.
/s/ Kyle Cobb Senator, 28th District
Sworn to and subscribed before me, this 31st day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 12, 1984.
GEORGIA LAWS 1984 SESSION
3801
POWDER SPRINGS DOWNTOWN DEVELOPMENT AUTHORITY -- POWERS.
No. 641 (Senate Bill No. 552).
AN ACT
To provide that the Powder Springs Downtown Development Authority shall have no right or power of eminent domain; to provide for additional types of projects which may be undertaken by the authority; to provide that the authority may exercise the power of taxation only with the approval of the governing authority of the City of Powder Springs; to incorporate existing provisions of law relating to exemption from taxation by the authority of owner occupied residential property and removal of members of the authority for unexcused absences from meetings; to provide for 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:
Section l.v 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 Constitution ratified at the 1982 general election as set forth in Georgia Laws 1982, pages 2505 and 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.
3802 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2. Pursuant to the authority granted by the 1982 constitutional amendment described in Section 1 of this Act, the provisions of this Act shall control over any conflicting provisions of the 1980 constitutional amendment described in Section 1 of this Act.
Section 3. As used in this Act, the term "authority" means the Powder Springs Downtown Development Authority.
Section 4. The authority shall have no right or power of eminent domain over any property.
Section 5. In addition to those projects authorized by said 1980 constitutional amendment, the authority is authorized in like manner to finance (by loan, grant, or lease), construct, erect, purchase, acquire, own, repair, remodel, renovate, rehabilitate, maintain, extend, improve, sell, equip, expand, add to, operate, or manage any project consisting of any building, structure, facility, or other improvement located or to be located within the downtown development district and any fixtures, machinery, equipment, furniture, or other property of any nature used in or in connection with any such building, structure, or other improvement, all for the essential public purpose of the redevelopment of the downtown development district. A project may be for any industrial, commercial, business, office, public, or other use, provided that a majority of the members of the authority determine, by a resolution duly adopted, that the project and such use thereof would further the redevelopment of the downtown development district and the public purpose of the authority.
Section 6. The authority may exercise the power of taxation described in subparagraph (e) of said 1980 constitutional amendment only with the express approval of the governing authority of the City of Powder Springs. Such express approval shall be required for each year in which any tax is to be so levied and each year's approval, if any, shall specify the maximum millage which may be levied by the authority in that year.
Section 7. 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 8. The position of any member of the authority shall become vacant if the member is absent from two consecutive regular meetings of the authority, unless granted a leave of absence by a
GEORGIA LAWS 1984 SESSION
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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 section, the chairperson of the authority shall immediately notify the mayor and council of such vacancy.
Section 9. An Act relating to the Powder Springs Downtown Development Authority, approved March 18, 1983 (Ga. L. 1983, p. 4299), is repealed in its entirety.
Section 10. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 11. All laws and parts of laws in conflict with this Act are repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1984 session of the General Assembly of Georgia a bill to provide implementing legislation for the amendment to the Constitution which created the Powder Springs Downtown Development Authority and which was ratified in 1980, and is set out at Ga. Laws 1980, p. 2035; to provide for related matters; and for other purposes.
This 6th day of January, 1984.
3804 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Roy E. Barnes Haskew Brantley Joe L. Thompson Carl Harrison Joe Mack Wilson A. L. Burruss 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 organ of Cobb County, on the following date: January 6,1984.
/s/ Roy E. Barnes Senator, 33rd District
Sworn to and subscribed before me, this 10th day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 12, 1984.
GEORGIA LAWS 1984 SESSION
3805
HANCOCK COUNTY -- APPOINTMENT OF CHIEF MAGISTRATE.
No. 642 (Senate Bill No. 382).
AN ACT
To amend an Act providing for the appointment of the initial chief magistrate of the Magistrate Court of Hancock County and the election of subsequent chief magistrates, approved March 14, 1983 (Ga. L. 1983, p. 4006), so as to change the provisions relating to the selection of subsequent chief magistrates; to change the provisions relating to filling vacancies in the office of chief magistrate; 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 of the initial chief magistrate of the Magistrate Court of Hancock County and the election of subsequent chief magistrates, approved March 14, 1983 (Ga. L. 1983, p. 4006), is amended by striking in its entirety subsection (b) of Section 2 and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) During the month of December, 1984, and each four years thereafter, it shall be the duty of the chief judge of the Superior Court of Hancock County, the chairman of the board of commissioners of Hancock County, and the Senator or Senators from any district in which Hancock County is located to meet and appoint a successor to the chief magistrate of the Magistrate Court of Hancock County, who shall take office on the first day of January following his appointment to serve for four years and until his successor is appointed and qualified."
Section 2. Said Act is further amended by striking in its entirety subsection (a) of Section 3 and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) A vacancy in the office of chief magistrate of the Magistrate Court of Hancock County shall be filled by appointment in the same manner that the chief magistrate was appointed pursuant to subsection (b) of Section 2. Such appointment shall be for the remainder of
3806 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
the unexpired term in which the vacancy occurred. At the end of such term, the chief magistrate shall be appointed in accordance with subsection (b) of Section 2 of 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 1984 session of the General Assembly of Georgia a bill to make provisions for the personnel and operation of the Magistrate Court of Hancock County; to provide for related matters; and for other purposes.
This 26 day of Dec., 1983.
Culver Kidd
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 Sparta Ishmaelite which is the official organ of Hancock County, on the following date: December 29,1983.
/s/ Culver Kidd Senator, 25th District
GEORGIA LAWS 1984 SESSION
Sworn to and subscribed before me, this 11th day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 12, 1984.
3807
JASPER COUNTY -- BOARD OF COMMISSIONERS -- ELECTION OF MEMBERS, ETC.
No. 643 (Senate Bill No. 403).
AN ACT
To amend an Act creating a board of commissioners for Jasper County, approved July 23,1923 (Ga. L. 1923, p. 255), as amended, so as to change the provisions relating to the election of the members of the board; to provide for the election of the chairman of the board; to provide for vacancies on the board under certain conditions; 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 Jasper County, approved July 23,1923 (Ga. L. 1923, p. 255), 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. (a) There is established in Jasper County 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, Jasper County is divided into five commissioner districts as follows:
3808 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Commissioner District No. 1 shall include all that territory lying within the following described boundaries: Beginning in the City of Monticello at the point where Forsyth Street intersects Greene Street; from that point southwest along the centerline of Forsyth Street until it intersects with the Monticello City Limits as of 1-1-84; from that point northwest along the Monticello City Limits line as of 1-1-84 until it intersects with Georgia State Highway No. 16; from that point west along the centerline of Georgia State Highway No. 16 until it intersects with County Road No. 151; from that point southwest along the centerline of County Road No. 151 until it intersects with County Road No. 143; from that point southeast along the centerline of County Road No. 143 until it intersects with Georgia State Highway No. 83; from that point northeast along the centerline of Georgia State Highway No. 83 until it intersects with County Road No. 124; from that point east along the centerline of County Road No. 124 until it intersects with Georgia State Highway No. Ill from that point north along the centerline of Georgia State Highway No. 11 continuing into the City of Monticello where said Highway is known as Hillsboro Street until it intersects with Southern Railroad track; from that point northeast along the centerline of the Southern Railroad track until it intersects with Greene Street; from that point northwest along the centerline of Greene Street until it intersects with Forsyth Street at the point of beginning.
Commissioner District No. 2 shall include all that territory lying within the following described boundaries: Beginning at the point where the centerline of Georgia Highway No. 16 intersects with County Line dividing Jasper County from Putnam County, being the eastern boundary of Jasper County; from that point west along the centerline of Georgia Highway No. 16 until it intersects with Perimeter Road (County Road No. 292); from that point southwest along the centerline of Perimeter Road (County Road No. 292) until it intersects with Georgia State Highway No. 212; from that point west along the centerline of Georgia Highway No. 212 until it intersects with the City Limits line of the City of Monticello as of 1-1-84; from that point southwest along the Monticello City Limits line as of 1-1-84 until it intersects Georgia State Highway No. 11 (also known as Hillsboro Street); from that point north along the centerline of Georgia Highway No. 11 (also known as Hillsboro Street) until it intersects with the Southern Railroad track; from that point northeast along the centerline of the Southern Railroad track until it intersects the City Limits line of the City of Monticello as of 1-1-84; from that point northwest along the Monticello City Limits line as of 1-1-84 until it
GEORGIA LAWS 1984 SESSION
3809
intersects Georgia State Highway No. 83; from that point south along Georgia State Highway No. 83 until it intersects North Warren Street; from that point southwest along the centerline of North Warren Street until it intersects Tan Yard Street; from that point northwest along the centerline of Tan Yard Street until it intersects a branch or creek (known as Tan Yard Creek); from that point north along the centerline of Tan Yard Creek until it intersects the City Limits line of the City of Monticello as of 1-1-84; from that point west along the Monticello City Limits line as of 1-1-84 until it intersects Georgia Highway No. 229; from that point north along the centerline of Georgia Highway No. 229 until it intersects County Road No. 283; from that point northeast along the centerline of County Road No. 283 until it intersects Georgia Highway No. 142; from that point north along the centerline of Georgia Highway No. 142 until it intersects County Road No. 39; from that point northeast along the centerline of County Road No. 39 until it intersects County Road No. 38; from that point northeast along the centerline of County Road No. 38 until it intersects County Road No. 286; from that point east along the centerline of County Road No. 286 until it intersects the County Line dividing Jasper County from Morgan County, being the northeastern boundary of Jasper County.
Commissioner District No. 3 shall include all that territory lying within the following described boundaries: Beginning at the point where the centerline of Georgia Highway No. 16 intersects the County Line dividing Jasper County from Putnam County, being the eastern boundary of Jasper County; from that point west along the centerline of Georgia Highway No. 16 until its intersection with Perimeter Road (County Road No. 292); from that point southwest along the centerline of Perimeter Road (County Road No. 292) until it intersects with Georgia Highway No. 212; from that point west along the centerline of Georgia Highway No. 212 until it intersects with the City Limits line of the City of Monticello as of 1-1-84; from that point southwest along the Monticello City Limits line until it intersects Georgia State Highway No. 11; from that point south along the centerline of Georgia Highway No. 11 until it intersects County Road No. 124; from that point west along the centerline of County Road No. 124 until it intersects Georgia Highway No. 83; from that point southwest along the centerline of Georgia Highway No. 83 until it intersects County Road No. 143; from that point northwest along the centerline of County Road No. 143 until it intersects the creek near Tyler's Crossroad known as Tyler Creek; from that point southwest along the centerline of Tyler Creek until it intersects Wise Creek; from that
3810 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
point west along centerline of Wise Creek until it intersects Kinnard Creek; from that point north along the centerline of Kinnard Creek until it intersects Georgia Highway No. 16; from that point west along the centerline of Georgia Highway No. 16 until it intersects Bethel Road (County Road No. 162); from that point northeast along the centerline of Bethel Road until it intersects Georgia State Highway No. 212; from that point northeast along the centerline of Georgia State Highway No. 212 until it intersects the County Line dividing Jasper County from Newton County being the northwest boundary of Jasper County.
Commissioner District No. 4 shall include all that territory lying within the following described boundaries: Beginning in the City of Monticello at the point where Greene Street intersects the Southern Railroad track; from that point northeast along the centerline of the Southern Railroad track until it intersects the City Limits line of the City of Monticello as of 1-1-84; from that point northwest along the Monticello City Limits line as of 1-1-84 until it intersects Georgia State Highway No. 83; from that point south along the centerline of Georgia State Highway No. 83 until it intersects North Warren Street; from that point southwest along the centerline of North Warren Street until it intersects Tan Yard Street; from that point northwest along the centerline of Tan Yard Street until it intersects a branch or creek (known as Tan Yard Creek); from that point north along the centerline of Tan Yard Creek until it intersects the City Limits line of the City of Monticello as of 1-1-84; from that point west along the Monticello City Limits line as of 1-1-84 until it intersects Georgia State Highway No. 229; from that point north along the centerline of Georgia State Highway No. 229 until it intersects Liberty Church Road (County Road No. 282); from that point west along the centerline of Liberty Church Road until it intersects Georgia State Highway No. 11; from that point southwest along the centerline of Georgia State Highway No. 11 until it intersects County Road No. 200; from that point northwest along centerline of County Road No. 200 until it intersects County Road No. 199; from that point west along the centerline of County Road No. 199 until it intersects County Road No. 164; from that point southwest along the centerline of County Road No. 164 until it intersects Georgia State Highway No. 212; from that point southeast along the centerline of Georgia State Highway No. 212 until it intersects Bethel Road (County Road No. 162); from that point southwest along the centerline of Bethel Road until it intersects Georgia State Highway No. 16; from that point east along centerline Georgia State Highway No. 16 until it intersects
GEORGIA LAWS 1984 SESSION
3811
Kinnard Creek; from that point south along centerline of Kinnard Creek until it intersects Wise Creek; from that point northeast along centerline of Wise Creek until it intersects Tyler Creek; from that point northeast along centerline of Tyler Creek until it intersects County Road No. 143; from that point northwest along centerline of County Road No. 143 until it intersects County Road No. 151; from that point northeast along the centerline of County Road No. 151 until it intersects Georgia State Highway No. 16; from that point east along the centerline of Georgia State Highway No. 16 until it intersects on the southern boundary of Georgia State Highway No. 16, the City Limits line of the City of Monticello as of 1-1-84; from that point southeast along the Monticello City Limits line as of 1-1-84 until it intersects Georgia Highway No. 83 known as Forsyth Street in City of Monticello; from that point northeast along the centerline of Forsyth Street until it intersects Greene Street; from that point southeast along the centerline of Greene Street until it intersects the Southern Railroad track at the point of beginning.
Commissioner District No. 5 shall include all that territory lying within the following described boundaries: Beginning at the point where the centerline of Georgia State Highway No. 212 intersects the County Line dividing Jasper County from Newton County, being the northwest boundary of Jasper County; from that point southeast along the centerline of Georgia State Highway No. 212 until it intersects County Road No. 164; from that point northwest along the centerline of County Road No. 164 until it intersects County Road No. 199; from that point east along the centerline of County Road No. 199 until it intersects County Road No. 200; from that point southeast along the centerline of County Road No. 200 until it intersects Georgia State Highway No. 11; from that point northeast along the centerline of Georgia State Highway No. 11 until it intersects Liberty Church Road (County Road No. 282); from that point east along the centerline of Liberty Church Road until it intersects Georgia State Highway No. 229; from that point north along the centerline of Georgia State Highway No. 229 until it intersects County Road No. 283; from that point northeast along the centerline of County Road No. 283 until it intersects Georgia State Highway No. 142; from that point north along Georgia State Highway No. 142 until it intersects County Road No. 39; from that point northeast along the centerline of County Road No. 39 until it intersects County Road No. 38; from that point northeast along the centerline of County Road No. 38 until it intersects County Road No. 286; from that point east along the centerline of County Road No. 286 until it intersects the County Line
3812 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
dividing Jasper County from Morgan County, being the northeastern boundary of Jasper County.
(b) (1) One commissioner shall be elected from each commissioner district by the electors residing solely within each respective district. A commissioner must reside within the district from which he is elected. Candidates for the office of commissioner shall certify at the time of their qualification as candidates that they are residents of the commissioner district from which they seek election.
(2) In all elections conducted pursuant to this Act, each candidate shall designate, at the time of qualifying, the district from which he offers as a candidate. To be elected as a member of the board, a candidate must receive the highest number of votes cast for the seat he is seeking; and, at the same time, a candidate must receive a majority of the total votes cast for the election of a commissioner to that seat. In the event no candidate for a particular seat receives a majority of the votes for the seat he is seeking, a run-off election shall be conducted for that particular seat in accordance with the provisions of Chapter 2 of Title 21 of the O.C.G.A., the `Georgia Election Code,' as now or hereafter amended.
(3) In the event that a commissioner moves his residence from the district from which he was elected during his term of office, such office shall immediately become vacant; and such vacancy shall be filled as otherwise provided by this Act for the filling of a vacancy.
(c) The members of the board of commissioners of Jasper County serving on January 1,1984, or any successors appointed to fill vacancies created by such members, shall serve for a term of office expiring December 31, 1984. At the general election in 1984, the members of the board of commissioners elected in accordance with the provisions of subsections (a) and (b) of this section shall be elected to take office on January 1,1985, for terms of four years and until their successors are elected and qualified. Thereafter, successors shall be elected in the general election in the year in which the terms of office expire and shall take office on the first day of January immediately following their election for terms of four years and until their successors are elected and qualified.
GEORGIA LAWS 1984 SESSION
3813
(d) Beginning January 1, 1985, and continuing thereafter, the board of commissioners shall, at its first meeting in January, elect a chairman from among its membership to serve for a term of one year."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Notice of Intention to Introduce Local Legislation.
Georgia, Jasper County
Notice is given that there will be introduced at the regular 1984 session of the General Assembly of Georgia a bill to amend an Act creating the board of county commissioners of Jasper County, Georgia, approved July 23, 1923 (Ga. L. 1923, p. 258), as amended; and for other purposes.
This 27th day of December, 1983.
Culver Kidd Senator, 25th District
Affidavit of Publisher.
Georgia, Jasper County.
Personally appeared before me, the undersigned officer, duly authorized to administer oaths in said State and County, W. T. Hughes, Jr., who, having been duly sworn, deposes and says on oath that he is an authorized representative of The Monticello News, that, as such, he is authorized to make this affidavit, and that the attached notice was published in The Monticello News, a local newspaper of general circulation in Monticello, Jasper, Georgia, on the following date: Dec. 29,1983.
3814 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This 12 day of January, 1984.
/s/ W. T. Hughes, Jr.
Sworn to and subscribed before me, this 12 day of January, 1984.
/s/ Mrs. W. T. Hughes, Jr. Notary Public, Georgia State at Large. My Commission Expires Sept. 7, 1984.
Approved March 12, 1984.
HANCOCK COUNTY -- CHAIRMAN OF BOARD OF COMMISSIONERS AS FULL-TIME COUNTY ADMINISTRATOR. No. 645 (Senate Bill No. 503). AN ACT
To amend an Act creating the Board of County Commissioners of Hancock County, approved October 5,1885 (Ga. L. 1884-85, p. 435), as amended, so as to provide for qualifications of the chairman of the board of commissioners; to provide that the chairman of such board of commissioners shall be the full-time county administrator; to provide for the powers and duties of the chairman; to change the compensation of the chairman and other members of the board of commissioners; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
GEORGIA LAWS 1984 SESSION
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Section 1. An Act creating the Board of County Commissioners of Hancock County, approved October 5, 1885 (Ga. L. 1884-85, p. 435), as amended, is amended by adding at the end of Section II a new subsection (d) to read as follows:
"(d) No person shall be eligible to serve as chairman of the Board of County Commissioners of Hancock County unless such person:
(1) Is at least 21 years old at the time of his election; and
(2) Has been a resident of Hancock County for a period of one year immediately prior to the date of that person's election."
Section 2. Said Act is further amended by striking Section VIII in its entirety and inserting in lieu thereof a new Section VIII to read as follows:
"Section VIII. (a) The chairman of the Board of Commissioners of Hancock County shall devote his full time to the duties of the office. The chairman shall be the administrative and executive official of the board. All three members of the board, however, shall have an equal vote in all matters pertaining to the affairs of Hancock County.
(b) (1) The chairman shall carry out, execute, and enforce the ordinances, policies, rules, and regulations of the board when such ordinances, policies, rules, and regulations become effective. Other members of the board shall deal solely through the chairman in all matters concerning the operation, supervision, and administration of the various departments, offices, and agencies of the county government. No member of the board shall directly or indirectly order, instruct, or otherwise attempt to control the actions of county personnel subject to the administrative and supervisory control of the chairman.
(2) Subject to the approval of the board, the chairman shall have the power to change, consolidate, or abolish any departments, agencies, or offices over which the chairman exercises supervision and control. Subject to the approval of the board, the chairman may create other departments, agencies, and offices, which departments, agencies, and offices, when created, shall be under the supervision and control of the chairman.
3816 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(c) The chairman shall be compensated in the amount of $12,000.00 per annum payable in equal monthly installments. The other members of the board shall be compensated in the amount of $3,600.00 per annum payable in equal monthly installments. The compensation provided herein shall be paid from the funds of Hancock 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 1984 session of the General Assembly of Georgia a bill to amend an Act creating a Board of County Commissioners of Hancock County, approved October 5,1885 (Ga. L. 1884-85, p. 435), as amended; and for other purposes.
This 3rd day of Jan., 1984.
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 date, to-wit: January 12,1984.
GEORGIA LAWS 1984 SESSION
Sworn to on the 18 day of January, 1984.
/s/ Alva L. Haywood Publisher
3817
Sworn to and subscribed to before me, on the 18 day of January, 1984.
/s/ Rhonda T. Phillips Notary Public. My Commission Expires January 26, 1985.
Approved March 12, 1984.
BALDWIN COUNTY -- COMPENSATION OF STATE COURT JUDGE AND SOLICITOR.
No. 646 (Senate Bill No. 502).
AN ACT
To amend an Act creating county courts (now state courts) in certain designated counties of this state, approved January 19, 1872 (Ga. L. 1871-72, p. 288), as amended, so as to change the compensation provisions relating to the judge and the solicitor of the State Court of Baldwin County; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating county courts (now state courts) in certain designated counties of this state, approved January 19, 1872
3818 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(Ga. L. 1871-72, p. 288), as amended, is amended by striking Section IB in its entirety and inserting in lieu thereof a new Section IB to read as follows:
"Section IB. The judge and the solicitor of the State Court of Baldwin County shall each receive an annual salary of not less than $15,000.00 nor more than $25,000.00 as determined by the governing authority of the county, payable in equal monthly installments out of the funds of Baldwin 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 1984 session of the General Assembly of Georgia a bill to amend an act creating the State Court of Baldwin County (formerly County Court of Baldwin County) approved January 19,1872 (Georgia Laws 18711872, page 288), as amended; and for other purposes.
This 16th day of January, 1984.
Culver Kidd Senator, 25th District
Bobby Parham Representative, 105th District
Georgia, Baldwin County.
I, Roger W. Coover, do solemnly swear that I am the Publisher of The Union-Recorder, printed and published at Milledgeville in the State of Georgia, and that from my personal knowledge and reference to files of said publication the legal advertisement of: Baldwin
GEORGIA LAWS 1984 SESSION
3819
County: Notice of Intention to Introduce Local Legislature: To amend act creating State Court of Baldwin County was inserted in space of legal advertisement as follows: January 20,1984.
/s/ Roger W. Coover Publisher
Sworn to and subscribed before me, this 20th day of January, 1984.
/s/ Patsy C. Smith Notary Public. My Commission Expires 5/31/86.
Approved March 12, 1984.
COBB COUNTY SCHOOL DISTRICT -- COMPENSATION OF CHAIRMAN AND MEMBERS OF BOARD.
No. 647 (Senate Bill No. 530).
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 March 14, 1983 (Ga. L. 1983, p. 3636), so as to change the provisions relating to the compensation of the chairman and other members of the board of education; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
3820 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 1. An Act changing the boundaries of the seven education districts of the Cobb County School District, approved March 28, 1974 (Ga. L. 1974, p. 3516), as amended, particularly by an Act approved March 14, 1983 (Ga. L. 1983, p. 3636), 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 $8,400.00, to be paid in equal monthly installments from the funds of the board of education. The chairman shall receive an annual salary of $9,600.00, to be paid in equal monthly installments from the funds of the board of education."
Section 2. This Act shall become effective on the first day 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 1984 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, Sec 2-28802); as amended Acts 1974, p. 3516.
This 6th day of January, 1984.
GEORGIA LAWS 1984 SESSION
Roy E. Barnes Haskew Brantley Joe L. Thompson Carl Harrison Joe Mack Wilson A. L. Burruss Steve Thompson Terry Lawler Fred Aiken Johnny Isakson Bill Atkins Frank Johnson Tom Wilder
3821
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 date: January 6,1984.
/s/ Carl Harrison Senator, 37th District
Sworn to and subscribed before me, this 31st day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 12, 1984.
3822 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
EMANUEL COUNTY -- BOARD OF COMMISSIONERS -- ELECTION OF MEMBERS BY DISTRICTS -- POWERS,
DUTIES AND PROCEDURES OF BOARD.
No. 648 (Senate Bill No. 542).
AN ACT
To amend an Act creating a board of commissioners for Emanuel County, approved July 18,1919 (Ga. L. 1919, p. 646), as amended, so as to provide for election of five board members from single-member districts; to provide for times and notices of meetings; to provide for a quorum to conduct business; to provide for the selection of a chairman and for his powers; to provide compensation for the chairman and membership; 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 Emanuel County, approved July 18, 1919 (Ga. L. 1919, p. 646), as amended, is amended by striking in its entirety Section 1 and inserting in its place a new Section 1 to read as follows:
"Section 1. (a) There is created a board of commissioners for Emanuel County.
(b) Commissioners holding office on the effective date of this Act shall continue in office until the expiration of the terms for which they were elected.
(c) The board of commissioners of Emanuel County shall be composed of five members elected from single-member districts. Such districts shall be known as Districts 1, 2, 3, 4, and 5. Each member from a district shall be elected by a majority of the votes cast by voters residing within the district. A member shall hold office for a term of four years and until a successor is elected and qualified. To qualify for election from a district, a candidate must be a resident of the district.
(d) Emanuel County shall be divided into single-member commissioner election districts as follows:
GEORGIA LAWS 1984 SESSION
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(1) District 1 shall have the following boundaries:
BEGINNING at the intersection of Lamb's Bridge Road and Industrial Way; thence North on Industrial Way to East Main Street (Ga. Hwy. 26); thence West on East Main Street to Georgia Highway 56; thence North on Georgia Highway 56 to the City limits of Swainsboro; thence following the City limits East to Canoochee Road to County Road 444; thence Northeast on County Road 444 to Flat Creek; thence North following Flat Creek to County Road 54; thence Northeast on County Road 54 to County Road 48; thence North on County Road 48 to County Road 3; thence West on County Road 48 to County Road 50; thence North on County Road 50 to County Road 58; thence West on County Road 58 to Georgia Highway 56; thence South on Georgia Highway 56 to County Road 67; thence South on County Road 67 to County Road 59; thence West on County Road 59 to County Road 93; thence South on County Road 93 to County Road 98; thence Southwest on County Road 98 to Georgia Highway 4; thence South on Georgia Highway 4 to northern City limits of Swainsboro; thence following City limits South to Gumlog Road; thence East on Gumlog Road to West Street; thence South on West Street to Robin Road; thence South on Race Track Street to Project Street; thence Northeast on Project Street to Lewis Street; thence South on Lewis Street to Lee Street; thence Northeast on Lee Street to Green Street; thence South on Green Street to Church Street; thence East on Church Street to North Main Street (Ga. Hwy. 4); thence North on Georgia Highway 4 to Modoc Road; thence Northeast on Modoc Road to Central of Georgia Railway; thence South following said Railway to Rentz Street; thence South on Rentz Street to Gumlog Street; thence West on Gumlog Street to North Coleman Street; thence South on Coleman Street to Mill Street; thence East on Mill Street to Central of Georgia Railway; thence South following said Railway to Lamb's Bridge Road; thence East on Lamb's Bridge Road to Industrial Way, which is the point of beginning.
(2) District 2 shall have the following boundaries:
BEGINNING at the intersection of Lamb's Bridge Road and Industrial Way; thence West on Lamb's Bridge Road to Central of Georgia Railway; thence North on said Railway to Mill Street; thence East on Mill Street to Coleman Street; thence North on Coleman Street to Gumlog Street; thence East on Gumlog Street
3824 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
to Rentz Street; thence North on Rentz Street to Central of Georgia Railway; thence North on said Railway to Modoc Road; thence West on Modoc Road to Georgia Highway 4; thence South on Georgia Highway 4 to Church Street; thence West on Church Street to Bell Street; thence South on Bell Street to West Pine Street; thence West on Pine Street to Roberts Street; thence South on Roberts Street to Moring Street; thence West on Moring Street (Ga. Hwy. 56) to City limits of Swainsboro; thence Southeast following City limits to Old Nunez Road; thence Southeast following City limits to Meadowlake Parkway; thence East on Meadowlake Parkway to Central of Georgia Railway; thence South on said Railway to Empire Expressway; thence Southwest on Empire Expressway to County Road 461; thence South on County Road 461 to Georgia Highway 297; thence North on Georgia Highway 297 to Georgia Highway 4; thence South on Georgia Highway 4 to County Road 198; thence East on County Road 198 to County Road 275; thence South on County Road 275 to County Road 278; thence North on County Road 278 to Big Canoochee Creek; thence Northeast following Big Canoochee Creek to County Road 454; thence East on County Road 454 to County Road 360; thence East-Northeast on County Road 360 to County Road 361; thence North on County Road 361 to Georgia Highway 26; thence West on Georgia Highway 26 to Big Canoochee Creek; thence North following Big Canoochee Creek to Flat Creek; thence North following Flat Creek to County Road 444; thence West on County Road 444 (Canoochee Road) to City limits of Swainsboro; thence North following City limits to Georgia Highway 56; thence South on Georgia Highway 56 to Georgia Highway 26; thence East on Georgia Highway 26 to Industrial Way; thence South on Industrial Way to Lamb's Bridge Road, which is the point of beginning.
(3) District 3 shall have the following boundaries:
BEGINNING at the intersection of Church Street and Green Street inside the City limits of Swainsboro; thence North on Green Street to Lee Street; thence West On Lee Street to Lewis Street; thence North on Lewis Street to Project Street; thence West on Project Street to Race Track Street; thence Northwest on Race Track Street to Gumlog Road, using a portion of Sherouse Street and West Street; thence Northwest on Gumlog Road to the City limits; thence North following the City limits to Georgia Highway 4; thence North on Georgia Highway 4 to County Road 98; thence
GEORGIA LAWS 1984 SESSION
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East on County Road 98 to County Road 102; thence West on County Road 102 to County Road 111; thence Southwest following County Road 111 to County Road 110; thence South on County Road 110 to Georgia Highway 57; thence Southeast on Georgia Highway 57 to Rocky Creek; thence Southwest following Rocky Creek to Little Ohoopee River; thence North-Northwest following the Little Ohoopee River to County Road 136; thence West on County Road 136 to County Road 138; thence South on County Road 138 to County Road 139; thence West on County Road 139 to County Road 136; thence West on County Road 136 to the County line; thence following the County line Southwest-South-Southeast to the intersection of Georgia Highway 297 and the Ohoopee River; thence following the Ohoopee River to Georgia Highway 4; thence North on Georgia Highway 4 to Georgia Highway 297; thence South on Georgia Highway 297 to County Road 461; thence North on County Road 461 to Empire Expressway; thence Northeast on Empire Expressway to Central of Georgia Railway; thence North following said Railway to Meadowlake Parkway; thence West on Meadowlake Parkway to Old Nunez Road; thence South on Old Nunez Road to the City limits; thence Northwest following the City limits to Georgia Highway 56; thence Northeast on Georgia Highway 56 (Moring Street) to Roberts Street; thence Northwest on Roberts Street to Pine Street; thence Northeast on Pine Street to Bell Street; thence Northwest on Bell Street to Church Street; thence Northeast on Church Street to Green Street, which is the point of beginning.
(4) District 4 shall have the following boundaries:
BEGINNING at the point where County Road 304 meets the Bulloch County line; thence Northwest along the Bulloch County line to the Jenkins County line; thence Northwest along the Jenkins County line to the Burke County line; thence West following the Burke County line (Ogeechee River) to the Jefferson County Line; thence Southwest along the Jefferson County line to the Johnson County line; thence South along the Johnson County line to the northern boundary of District 3; thence following the northern boundary of District 3 to where it meets the northern boundary of District 1; thence along the northern boundary of District 1 to where it meets the northern boundary of District 5; thence along the northern boundary of District 5 to the Bulloch County line, which is the point of beginning.
3826 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(5) District 5 shall have the following boundaries:
BEGINNING at the intersection of Georgia Highway 297 South and the Ohoopee River; thence South on Georgia Highway 297 to Pendleton Creek (County line); thence Southeast on County line (Pendleton Creek partway) to Georgia Highway 4; thence East-Northeast from Georgia Highway 4, following County line to the Ohoopee River; thence North-Northeast, following the County line to County Road 304; thence Northwest on County Road 304 to Georgia Highway 121; thence South on Georgia Highway 121 to County Road 303; thence West on County Road 303 to a creek; thence North following said creek to County Road 310; thence West on County Road 310 to County Road 459; thence West on County Road 459 to Nathan Creek; thence North following Nathan Creek to County Road 330; thence South on County Road 330 to County Road 332; thence West on County Road 332 to County Road 331; thence Northwest on County Road 331 to Georgia Highway 192; thence South on Georgia Highway 192 to County Road 344; thence Northwest on County Road 344 to County Road 336; South on County Road 336 to County Road 347; thence South on County Road 347 to County Road 345; thence West on County Road 345 to Little Canoochee Creek; thence South on Little Canoochee Creek to County Road 361; thence South on County Road 361 to County Road 362; thence Westerly and Southerly on County Road 362 to County Road 278; thence South on County Road 278 to County Road 360; thence West on County Road 360 to County Road 454; thence West on County Road 454 to Big Canoochee Creek; thence South on Big Canoochee Creek to County Road 278; thence South on County Road 278 to County Road 275; thence West on County Road 275 to County Road 198; thence West on County Road 198 to Georgia Highway 4; thence South on Georgia Highway 4 to the Ohoopee River; thence West following the Ohoopee River to Georgia Highway 297, which is the point of beginning.
(e) (1) At the general election in 1984, commissioners shall be elected from District 1 and District 3 for terms of four years and until successors are elected and qualified. Thereafter, successors shall be likewise elected quadrennially and until successors are elected and qualified.
(2) At the general election in 1986, commissioners shall be elected from District 2, District 4, and District 5 for terms of four
GEORGIA LAWS 1984 SESSION
3827
years and until successors are elected and qualified. Thereafter, successors shall be likewise elected quadrennially and until successors are elected and qualified.
(3) Terms of commissioners shall begin on January 1 following their election."
Section 2. Said Act is further amended by striking in its entirety Section 4 and inserting in its place a new Section 4 to read as follows:
"Section 4. The board shall hold its regular meeting on the second Tuesday in each month at 10:00 A.M. at the courthouse or other convenient place in the City of Swainsboro. The board may change the time or date of its regular meeting by resolution of the board published once in the legal organ of the county. Special or called meetings may be held, provided that each member shall receive at least 24 hours' prior notice."
Section 3. Said Act is further amended by striking in its entirety Section 5 and inserting in its place a new Section 5 to read as follows:
"Section 5. Three members of the board shall constitute the minimum number necessary to transact business at any regular or special meeting."
Section 4. Said Act is further amended by striking in its entirety Section 6 and inserting in its place a new Section 6 to read as follows:
"Section 6. At the first meeting of each year, the board shall elect from its membership a chairman to serve for the ensuing year. The chairman shall preside at all meetings and sign as chairman all orders and processes of the board. The chairman shall be entitled to make or second motions and to cast a vote on any matter."
Section 5. Said Act is further amended by striking in its entirety Section 14 and inserting in its place a new Section 14 to read as follows:
"Section 14. Each member of the board shall be compensated in the amount of $200.00 per month, payable from funds of the county, except that the chairman shall be compensated in the amount of $500.00 per month. Each member shall be reimbursed for actual expenses incurred while on official business of the board. All amounts
3828 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
shall be paid by the treasurer of the county on an order of the board signed by the chairman and the clerk. The commissioners shall be exempt from road, jury, and military duty and shall be subject to prosecution for malpractice in office in the same manner as magistrates."
Section 6. Said Act is further amended by striking Section 15, which reads as follows:
"Section 15. Be it further enacted that the members of the board of commissioners of roads and revenues shall be elected by the voters of Emanuel County at the general election each four years.",
in its entirety.
Section 7. All laws and parts of laws in conflict with this Act are repealed.
Notice of Intent to Introduce Local Legislation.
The public is hereby notified that there will be introduced in the current session of the Legislature of the State of Georgia a bill to change the method of election of County Commissioners from an atlarge system to a district system, and to increase the number of Commissioners from three (3) to five (5), and establish terms of office, method of selection of Chairman, regular meeting date, and for other purposes.
Emanuel County Board of Commissioners
Affidavit.
Personally before me, the undersigned officer duly authorized to administer oaths, came William C. Rogers, Sr., who on oath deposes and says that he is the editor and publisher of The Blade, the official county organ in and for Emanuel County, and that the attached copy of Notice of Intent to Introduce Local legislation was published in The Blade on February 1,1984.
GEORGIA LAWS 1984 SESSION
3829
/s/ William C. Rogers, Sr. Affiant
Sworn to and subscribed to before me, on the 6th day of February, 1984.
/s/ Ruby Fagler Notary Public.
Approved March 12, 1984.
CITY OF ZEBULON -- ELECTION OF COUNCIL MEMBERS BY DISTRICT, ETC.
No. 649 (Senate Bill No. 550).
AN ACT
To amend an Act providing a new charter for the City of Zebulon, approved March 28,1961 (Ga. L. 1961, p. 2704), as amended, particularly by an Act approved April 10,1971 (Ga. L. 1971, p. 3686), so as to provide that members of the city council shall be elected from posts within election districts; to provide for district descriptions; to assign posts; to establish qualifications; to prescribe voter registration procedures; to require voting by district; 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 providing a new charter for the City of Zebulon, approved March 28,1961 (Ga. L. 1961, p. 2704), as amended, particularly by an Act approved April 10,1971 (Ga. L. 1971, p. 3686), is amended by striking in its entirety Section 6.1 and inserting in its place a new Section 6.1 to read as follows:
3830 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
"Section 6.1. Election districts, (a) The City of Zebulon is divided into two election districts as follows:
(1) Election District No. 1 shall be composed of the following: Begin at the intersection of U. S. Highway No. 19 (State Route No. 3) with the northern boundary of the city limits of the City of Zebulon; thence proceed in a southerly direction along the center line of said U. S. Highway No. 19 to the intersection of U. S. Highway 19 and Jackson Street; thence proceed in an easterly direction along the center line of Jackson Street for one block to the intersection of Jackson Street and Griffin Street; thence proceed in a southerly direction along the center line of Griffin Street which becomes Meansville Street and thence proceed along the center line of Meansville Street to the intersection of Meansville Street and Harpe Street; thence proceed westerly along the center line of said Harpe Street which is a projection of Industrial Drive and which connects Meansville Street and Highway No. 19 to the intersection of said Harpe Street with U. S. Highway No. 19; thence proceed in a southerly direction along the center line of said U. S. Highway No. 19 to the intersection of said U. S. Highway No. 19 with the southern boundary of the city limits of the City of Zebulon; thence proceed in an easterly direction and thence northerly direction along the city limits of the City of Zebulon until said city limits intersect with the center line of U. S. Highway No. 19 along the northern boundary of said city limits which is the real point of beginning herein.
(2) Election District No. 2 shall be composed of the following: Begin at the intersection of U. S. Highway No. 19 (State Route No. 3) with the northern boundary of the city limits of the City of Zebulon; thence proceed in a southerly direction along the center line of said U. S. Highway No. 19 to the intersection of U. S. Highway No. 19 and Jackson Street; thence proceed in an easterly direction along the center line of Jackson Street for one block to the intersection of Jackson Street and Griffin Street; thence proceed in a southerly direction along the center line of Griffin Street which becomes Meansville Street and thence proceed along the center line of Meansville Street to the intersection of Meansville Street and Harpe Street; thence proceed westerly along the center line of Harpe Street which is a projection of Industrial Drive and which connects Meansville Street and Highway No. 19 to the intersection of said Harpe Street with U. S. Highway No. 19; thence proceed in a southerly direction along the
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center line of said U. S. Highway No. 19 to the intersection of said U. S. Highway No. 19 with the southern boundary of the city limits of the City of Zebulon; thence proceed in a westerly direction and then northerly direction along the city limits of the City of Zebulon until said city limits intersect with the center line of U. S. Highway No. 19 where said highway intersects with the northern boundary of the city limits of the City of Zebulon which is the real point of beginning herein.
(b) Any land annexed into the City of Zebulon which lies east of U. S. Highway No. 19 shall become a part of Election District No. 1 and any land lying to the west of said highway shall become a part of Election District No. 2."
Section 2. Said Act is further amended by inserting after Section 6.2 a new section to be known as Section 6.3 to read as follows:
"Section 6.3. Councilmen; qualifications, terms of office. To be eligible for the office of councilman, a person must meet the requirements of a qualified elector for members of the General Assembly, must have been a bona fide resident of the City of Zebulon for three months immediately preceding the election in which he offers as a candidate, and must have no debts outstanding against him in favor of the city. A candidate for Post No. 1 or Post No. 3 must be a resident of Election District No. 1 at the time the candidate qualifies to run in the election. A candidate for Post No. 2 or Post No. 4 must be a resident of Election District No. 2 at the time the candidate qualifies to run in the election. If at any time a councilman or councilman-elect shall be convicted by a court of competent jurisdiction of a crime involving moral turpitude or should the councilman or councilman-elect move his residence outside of the election district from which he was elected, the office shall be declared by the council to be vacant and shall be filled in the manner herein prescribed for filling vacancies occurring in the office of councilman. The term of office of a councilman shall be four years."
Section 3. Said Act is further amended by striking in its entirety Section 10.4 and inserting in its place a new Section 10.4 to read as follows:
"Section 10.4. Voter registration. In all elections held in the City of Zebulon, whether primary, special, or general elections, the voters, in addition to the qualifications already prescribed, shall be regis-
3832 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
tered as herein provided for. It shall be the duty of the clerk of the City of Zebulon to open at his office within ten days from the date of approval of this Act a book for the registration of voters for the City of Zebulon and to keep the same open at his office at all times when his office is open for the payment of taxes or transaction of city business, except as hereinafter provided. Each person entitled to vote in the city shall subscribe in the book, which shall be arranged in alphabetical order, his name, age, place of residence, and occupation. The clerk shall not permit anyone to register who is not entitled to do so; and, if he knowingly permits this to be done, he shall be discharged from office or otherwise punished as the mayor and council may decide. Such registration shall be permanent, except as limited below, and all names registered as herein prescribed shall remain upon the list and such persons shall be qualified to vote in any election, except as limited below, so long as such voters shall not become disqualified or his name is stricken from the registration list as hereinafter provided. Should any voter move his residence from one election district to the other, to be entitled to vote he shall amend his entry in the registration book so that it correctly reflects his current place of residence. The registration book shall be closed ten days immediately preceding each election held in the city, whether the election is a primary, special, or general election, after which time no one shall be allowed or permitted to register or amend his registration for such election. After the election, the book shall be reopened for registration of voters. No person shall be allowed to vote at any election held in the city unless he has registered prior to the closing of the book and his name and current address appear upon the registration list. Only those persons whose registered place of residence is within Election District No. 2 may vote for candidates for council Post No. 2 and Post No. 4. Only those persons whose registered place of residence is within Election District No. 1 may vote for candidates for council Post No. 1 and Post No. 3."
Section 4. This Act shall not be interpreted to shorten the term of any councilman serving on the effective date of this Act. No councilman shall be required to be a resident of either election district, although he must be a qualified resident of the City of Zebulon, during his present term. However, any councilman running for a subsequent term must meet the qualifications enumerated in Section 2.
Section 5. All laws and parts of laws in conflict with this Act are repealed.
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Notice of Intention to Introduce Local Legislation.
Notice is hereby given pursuant to Article III, Section V, Paragraph IX of the Constitution of the State of Georgia, that there will be introduced at the 1984 session of the Georgia General Assembly a Bill to Amend the charter for the City of Zebulon (Georgia Laws 1961, pg 2704 and as thereafter amended); so as to change the procedure and method of electing the Mayor and City Council; to provide for the election of the city council by districts; to describe said districts; to assign posts to each district; to provide laws; and for other purposes.
This 30th day of January, 1984.
Kyle Cobb Senator, District 28
Georgia, Pike County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Rachel McClelland, who on oath, deposes and says that she is the publisher for the Pike County Reporter which is the official organ of Pike County and states further that the attached copy of Notice of Intention to Introduce Legislation was published in the Pike County Reporter, the official organ of Pike County on February 1,1984.
/s/ Rachel N. McClelland Publisher of the Pike County Reporter
3834 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 4th day of February, 1984.
/s/ Brenda A. Chumbley Notary Public. My Commission Expires 10-2-87. (Seal).
Approved March 12, 1984.
SEMINOLE COUNTY MAGISTRATE COURT -- JUDGE OF PROBATE COURT AS CHIEF MAGISTRATE.
No. 650 (Senate Bill No. 551).
AN ACT
To provide that the judge of the Probate Court of Seminole County shall become the chief magistrate of the Magistrate Court of Seminole County on a certain 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. Effective January 1,1985, the judge of the Probate Court of Seminole County shall become the chief magistrate of the Magistrate Court of Seminole County. Thereafter, the judge of the Probate Court of Seminole County shall continue to be the chief magistrate and said officer's term of office as chief magistrate shall be concurrent with said officer's term of office as judge of the probate court. Section 2. All laws and parts of laws in conflict with this Act are repealed.
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Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1984 session of the General Assembly of Georgia a bill providing that the judge of the Probate Court of Seminole County shall become the chief magistrate of the Magistrate Court of Seminole County; and for other purposes.
This 27th day of January, 1984.
Jimmy Hodge Timmons Senator, 11th District
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 Donalsonville News which is the official organ of Seminole County, on the following date: February 9, 1984.
/s/ Jimmy Hodge Timmons Senator, 11th District
Sworn to and subscribed before me, this 10th day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 12, 1984.
3836 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CITY OF AUSTELL -- CONSTITUTIONAL AMENDMENT RELATIVE TO ISSUANCE OF REVENUE ANTICIPATION OBLIGATIONS CONTINUED.
No. 651 (Senate Bill No. 553).
AN ACT
To provide for authority; to continue in force and effect as a part of the Constitution of the State of Georgia ratified in 1982 that constitutional amendment which was proposed by Resolution Act No. 213 enacted at the 1964 Session of the General Assembly and which was duly ratified at the 1964 general election (Ga. L. 1964, p. 1061), and which relates to the authority of the City of Austell to issue revenue anticipation obligations for gas-generating and distributing systems; 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 of the State of Georgia authorizing continuation of certain amendments to the Constitution.
Section 2. That constitutional amendment which was proposed by Resolution Act No. 213 enacted at the 1964 Session of the General Assembly and which was duly ratified at the 1964 general election (Ga. L. 1964, p. 1061), and which relates to the authority of the City of Austell to issue revenue anticipation obligations for gas-generating and distributing systems, shall not be repealed or deleted upon July 1, 1987, as part of the Constitution of the State of Georgia ratified in 1982, but is specifically continued in force and effect on and after that date as a part of that Constitution.
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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 1984 session of the General Assembly of Georgia a bill to provide implementing legislation for the amendment to the Constitution which authorized the City of Austell to construct, operate, and finance gas generating and distribution systems and which was ratifed in 1964 and is set out at Ga. Laws 1964, p. 1061; to provide for related matters; and for other purposes.
This 6th day of January, 1984.
Georgia, Fulton County.
Roy E. Barnes Haskew Brantley Joe L. Thompson Carl Harrison Joe Mack Wilson A. L. Burruss Steve Thompson Terry Lawler Fred Aiken Johnny Isakson Bill Atkins Frank Johnson Tom Wilder
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
3838 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 date: January 6,1984.
/s/ Roy E. Barnes Senator, 33rd District
Sworn to and subscribed before me, this 10th day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 12, 1984.
WILKES COUNTY -- BOARD OF EDUCATION CREATED -- DISTRICT ELECTION OF MEMBERS, ETC. -- REFERENDUM.
No. 653 (Senate Bill No. 560). AN ACT
To provide for the Board of Education of Wilkes County; to provide for election districts; to provide for qualifications; to provide for the election of the board of education; to provide for the chairman; to provide for filling vacancies; to provide for other matters relative to the foregoing; to provide for a referendum; to provide effective dates; to repeal conflicting laws; and for other purposes.
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Be it enacted by the General Assembly of Georgia:
Section 1. (a) The Board of Education of the Wilkes County School District shall be composed of five members. For the purpose of electing members of the board of education, the Wilkes County School District shall be divided into five education districts described as follows:
EDUCATION DISTRICT #1
Education District 1 shall consist of all the area within the following boundaries:
Beginning at the Wilkes-Lincoln County line on Fishing Creek and running South to Anderson Mill Creek: thence North along Anderson Mill Creek to Georgia Highway 44; thence South on Georgia Highway 44 to County Road #145; thence West on County Road #145 to Georgia Highway 17; thence South on Georgia Highway 17 to County Road #96; thence West on County Road #96 to County Road #97; thence West on County Road #97 to County Road #93; thence North on County Road #93 to County Road #92; thence North on County Road #92 (LinesvilleNewtown Road) to County Road #82; thence South on County Road #82 to County Road #91; thence West on County Road #91 to County Road #87; thence West on County Road #87 to County Road #83; thence South on County Road #83 to County Road #86; thence West on County Road #86 to County Road #84; thence West on County Road #84 to State Road #S2164; thence North on State Road #S2164 to Oglethorpe County Line (Dry Fork Creek); thence North along Dry Fork Creek into Long Creek to Broad River; thence East along Broad River to the Lincoln County Line; thence South along the Lincoln County Line to the point of beginning.
EDUCATION DISTRICT #2
Education District 2 shall consist of all the area within the following boundaries:
Beginning at the Wilkes-Lincoln County Line on Fishing Creek and running South to Anderson Mill Creek; thence North along Anderson Mill Creek to Georgia Highway 44; thence South on Georgia Highway 44 to County Road #145; thence West on
3840 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
County Road #145 to Georgia Highway #17; thence South on Georgia Highway 17 to County Road #96; thence West on County Road #96 to County Road #97; thence West on County Road #97 to County Road #93; thence North on County Road #93 to County Road #92; thence North on County Road #92 to BeckumPorterfield Road; thence South on Beckum-Porterfield Road to U.S. Highway #78/Georgia Highway #10; thence East along U.S. #78/GA#10 to the City Limits of Washington; thence North and East along the City Limits of Washington to Georgia Highway #17; thence East and South along the City Limits of Washington to U.S. Highway #78; thence South and West along the City Limits of Washington to Baltimore Road; thence continuing along the City Limits of Washington to Georgia Highway #47; thence South along Georgia Highway #47 to the Taliaferro County Line; thence East along the Wilkes-Taliaferro County Line to the Warren County Line; thence East along the Wilkes-Warren County Line to the McDuffie County Line; thence East along the Wilkes-McDuffie County Line to the Lincoln County Line; thence North along the Wilkes-Lincoln County Line to the point of beginning.
EDUCATION DISTRICT #3
Education District 3 shall consist of all the area within the following boundaries:
Beginning on the Wilkes-Taliaferro County Line at Georgia Highway #47; thence North on Georgia Highway #47 to the Washington City Limits; thence North and West on the City Limits of Washington to Georgia Highway #44; thence South on Georgia Highway #44 to Beaverdam Creek; thence North along Beaverdam Creek to Little Beaverdam Creek; thence North along Little Beaverdam Creek to State Road #2419 (Philomath-Washington Road); thence North on the Washington City Limits to U.S. Highway #78/Georgia Highway #10; thence West on U.S. Highway #78/Georgia Highway #10 to Beckum-Porterfield Road; thence North on Beckum-Porterfield Road to Linesville-New Town Road; thence West on Linesville-New Town Road to County Road #82; thence South on County Road #82 to County Road #91; thence West on County Road #91 to County Road #87; thence West on County Road #87 to County Road #83; thence South on County Road#83 to County Road #86; thence West on County Road#86 to County Road #84; thence West on County
GEORGIA LAWS 1984 SESSION
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Road #84 to State Road #2164; thence North on State Road #2164 to Wilkes-Oglethorpe County Line (Dry Fork Creek); thence South along the Wilkes-Oglethorpe County Line to the Taliaferro County Line; thence South and then East along the Wilkes-Taliaferro County Line to the point of beginning.
EDUCATION DISTRICT #4
Education District 4 shall consist of all the area within the following boundaries:
Beginning at the Washington City Limits on U.S. Highway #78/Georgia Highway #10 West of Washington and running North on the City Limit Line of Washington to the Northwest Corner of the City Limit of Washington; thence East on the City Limits of Washington to the North East Corner of the City Limits of Washington; thence South on the City Limits of Washington to the South East Corner of the City Limits of Washington; thence West on the City Limits of Washington to Baltimore Road; thence North on Baltimore Road to Alexander Avenue; thence West across Alexander Ave. on Chapman Street to Spring Street; thence South on Spring Street to Hospital Drive; thence West on Hospital Drive to Washington-Wilkes Comprehensive High School campus; thence North on a Road through Washington-Wilkes Comprehensive High School Campus to Depot Street; thence North on Depot Street to Robert Toombs Ave.; thence West on Robert Toombs Ave. to the point of beginning.
EDUCATION DISTRICT 5
Education District 5 shall consist of all the area within the following boundaries:
Beginning at the Washington City Limits on U.S. Highway 78/Georgia Highway #10 and running South on the City Limit Line of Washington to State Road 2419 (Philomath-Washington Rd.); thence west on State Road 2419 to Little Beaverdam Creek; thence South on Little Beaverdam Creek to Beaverdam Creek; thence South on Beaverdam Creek to Georgia Highway 44; thence North on Georgia Highway 44 to the City Limit line of Washington; thence west, south, and north along said City Limits to Baltimore Road; thence North on Baltimore Road to Alexander Avenue; thence West across Alexander Avenue on Chapman
3842 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Street to Spring Street; thence South on Spring Street to Hospital Drive; thence West on Hospital Drive to Washington-Wilkes Comprehensive High School Campus; thence North on a road across Washington-Wilkes Comprehensive High School Campus to Depot Street; thence North on Depot Street to Robert Toombs Avenue; thence West on Robert Toombs Avenue (U.S. Highway # 78/Georgia Highway # 10) to the point of beginning.
(b) For the purposes of subsection (a) 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 the Wilkes County School District which is not included in any district described in this section shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 1980 for the State of Georgia.
Section 2. (a) The board of education shall be composed of one member from each education district. Any person, in order to be eligible for membership on the board, must reside in the education district which he represents. Each member shall be voted on and elected by only the voters residing in the district. The first members of the board of education provided for by this Act shall be elected at the general election held in 1986.
(b) Members of the board of education shall serve for terms of office of four years beginning on the first day of January next following their election. Members shall be elected at the general election immediately preceding the expiration of their terms of office. All members shall serve until their successors are elected and qualified.
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Section 3. At the first meeting in January next following the board's election, it shall elect one of its members as chairman. The chairman shall serve for a term of office of four years.
Section 4. In the event of a vacancy on the board for any reason other than the expiration of a term of office, the remaining members of the board shall select a person who shall serve for the remainder of the unexpired term. If a vacancy occurs, the person so selected shall reside in the education district he represents. In the event a member of the board moves his residence from the district he represents, a vacancy shall exist and shall be filled as provided in this section.
Section 5. The board of education provided for by this Act shali be subject to all constitutional and statutory provisions of this state relative to county boards of education and the members thereof.
Section 6. The members of the Board of Education of Wilkes County who are in office on the effective date of this Act shall serve until the expiration of the terms of office for which they were elected and until their successors are elected and qualified.
Section 7. After the approval of this Act by the Governor or after it otherwise becomes law, it shall be the duty of the election superintendent of Wilkes County to issue the call for an election for the purpose of submitting this Act to the electors of the Wilkes County School District for approval or rejection. The superintendent shall set the date of such election for the same date as the general primary which is held in 1984. He shall issue the call at least 30 days prior to the date of such election. The superintendent shall cause the date and purpose of such 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 Wilkes County. The ballot shall have written or printed thereon the words:
"( ) YES ( ) NO
Shall the Act providing for the Board of Education of Wilkes County and providing for the districts, elections, and chairman of the board and providing for other matters relative thereto be approved?"
3844 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
All persons desiring to vote for approval of the Act shall vote "Yes," and all 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 8 of this Act, but otherwise it shall be null and void and of no force and effect.
The expense of such election shall be borne by Wilkes County. It shall be the duty of the superintendent to hold and conduct such election and to certify the results to the Secretary of State.
Section 8. (a) Except as provided in subsection (b) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
(b) If approved at the referendum provided for in Section 7 of this Act, the provisions of this Act necessary for the election of the members of the Board of Education of Wilkes County at the general election in 1986 shall become effective January 1,1986. Sections 1,2, 3,4, and 5 shall become effective January 1,1987.
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 1984 session of the General Assembly of Georgia a bill providing for the Board of Education of Wilkes County and for all other matters relative thereto; and for other purposes.
This 4th day of February, 1984.
Ben Barron Ross Representative, 82nd District
GEORGIA LAWS 1984 SESSION
S. P. McGill Senator, 24th District
3845
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Sam P. McGill, who, on oath, deposes and says that he is Senator from the 24th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the News-Reporter which is the official organ of Wilkes County, on the following date: February 9,1984.
/s/ Sam P. McGill Senator, 24th District
Sworn to and subscribed before me, this 13th day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 12, 1984.
3846 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
COBB COUNTY PROBATE COURT -- COMPENSATION OF CLERK CHANGED.
No. 654 (Senate Bill No. 554).
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, particularly by an Act approved March 16, 1983 (Ga. L. 1983, p. 4122), so as to change the compensation of the clerk of the probate court; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act 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, particularly by an Act approved March 16, 1983 (Ga. L. 1983, p. 4122), is amended by striking the second sentence of Section 3 of said Act in its entirety and inserting in lieu thereof a new sentence to read as follows:
"The clerk of the probate court shall be compensated in the amount of $23,760.00 per annum, 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.
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Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1984 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 6th day of January, 1984.
Roy E. Barnes Haskew Brantley Joe L. Thompson Carl Harrison Joe Mack Wilson A. L. Burruss 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 organ of Cobb County, on the following date: January 6,1984.
3848 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
/s/ Roy E. Barnes Senator, 33rd District
Sworn to and subscribed before me, this 10th day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 12, 1984.
CAMDEN COUNTY -- HOMESTEAD EXEMPTIONS FOR PERSONS 62 AND OLDER -- REFERENDUM. No. 655 (Senate Bill No. 561). AN ACT
To provide a homestead exemption from Camden County ad valorem taxation for county and school purposes in the amount of $25,000.00 for each resident of Camden County who is 62 years of age or older; to provide for all related matters; to provide for a referendum; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia: Section 1. Each resident of Camden County who is 62 years of age or older is granted an exemption from Camden County ad valorem taxation for county purposes and school purposes in the amount of $25,000.00 on the assessed value of a homestead owned and occupied by the resident.
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Section 2. This Act shall not affect any other homestead exemption provided for by any other provision of law, but no person who claims or is otherwise entitled to receive the homestead exemption granted by this Act shall be eligible to receive for the same tax year any other such homestead exemption.
Section 3. The exemption granted by this Act shall not apply to state taxes or municipal taxes.
Section 4. The value of any homestead in excess of $25,000.00 of the assessed value thereof shall remain subject to taxation.
Section 5. Any person who is as of January 1,1985, eligible for the tax exemption granted by this Act according to the records of the tax officials of Camden County shall receive the benefit of the homestead exemption granted by this Act without the necessity that such person apply therefor. Any other person eligible for the tax exemption granted by this Act shall apply therefor in the manner provided by general law in order to receive the benefit of such exemption. After a person has once been granted the exemption provided for by this Act such person shall not thereafter be required to reapply for such exemption for future years, but it shall be the duty of any such person to notify the tax commissioner or tax receiver of Camden County if he becomes ineligible for the exemption provided for by this Act.
Section 6. The exemption granted by this Act shall apply to those properties to which legal title is vested in one or more owners if one of such owners who is 62 years of age or over occupies the property. This exemption shall also apply to those properties to which legal title is vested in an administrator, executor, or trustee if one or more of the heirs, beneficiaries, or cestui que uses is 62 years of age or older and occupies such property.
Section 7. Not less than 30 nor more than 60 days prior to the date of the November, 1984, general election, it shall be the duty of the election superintendent of Camden County to issue the call for an election for the purpose of submitting this Act to the electors of Camden County for approval or rejection. The superintendent shall set the date of such election for the date of the November, 1984, 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 Camden County. The ballot shall have written or printed thereon the words:
3850 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
"( ) YES ( ) NO
Shall the Act providing a homestead exemption from Camden County ad valorem taxation for county and school purposes in the amount of $25,000.00 for each resident of Camden County who is 62 years of age or older 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 6 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 Camden County. It shall be the duty of the superintendent to hold and conduct such election. It shall be the election superintendent's further duty to certify the result thereof to the Secretary of State.
Section 8. All laws and parts of laws in conflict with this Act are repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1984 session of the General Assembly of Georgia a bill to provide a homestead exemption from Camden County ad valorem taxation for county and school purposes in the amount of $25,000.00 for each resident of Camden County who is 62 years of age or older; to provide for all related matters; and for other purposes.
This 1 day of February, 1984.
GEORGIA LAWS 1984 SESSION
Riley Reddish Senator, 6th District
3851
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Riley Reddish, 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 Camden County Tribune which is the official organ of Camden County, on the following date: February 9,1984.
/s/ Riley Reddish Senator, 6th District
Sworn to and subscribed before me, this 14th day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 12, 1984.
3852 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CITY OF MILLEDGEVILLE -- ELECTION AND TERMS OF OFFICE OF MAYOR AND ALDERMEN.
No. 656 (Senate Bill No. 386).
AN ACT
To amend an Act creating a new charter for the City of Milledgeville, approved December 15, 1900 (Ga. L. 1900, p. 345), as amended, so as to change the provisions relating to the election and terms of office of the mayor and aldermen; to provide for other matters relative thereto; to provide effective dates; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating a new charter for the City of Milledgeville, approved December 15,1900 (Ga. L. 1900, p. 345), as amended, is amended by striking Section V and Section 5A in their entirety and inserting in lieu thereof a new Sections V and 5A to read as follows:
"Section V. The regular municipal election of the City of Milledgeville shall be held on the third Wednesday in September of each odd-numbered year.
Section 5A. (a) The provisions of this section shall apply to the municipal election held on the third Wednesday in September, 1985, and municipal elections held thereafter.
(b) For the purpose of electing the six aldermen of the City of Milledgeville, the city is divided into six election districts as follows:
District No. 1
Tract 9902 Those parts of Blocks 133, 138, 140, and 240 within the City of Milledgeville Blocks 301 through 307 and 341
GEORGIA LAWS 1984 SESSION
Tract 9903 Those parts of Blocks 119, 120, and 123 within the City of Milledgeville Blocks 126 through 134 That part of Block 135 within the City of Milledgeville Blocks 136 through 156, 304, and 305 Those parts of Blocks 306 and 307 within the City of Milledgeville Block 308
District No. 2
Tract 9903 Blocks 218 through 223
Tract 9904 Those parts of Blocks 201 and 202 within the City of Milledgeville Blocks 203 and 204 That part of Block 205 within the City of Milledgeville
Tract 9905 Blocks 101 through 120 That part of Block 121 within the City of Milledgeville Blocks 122 through 131 Those parts of Blocks 132, 134, and 135 within the City of Milledgeville Block 136 Those parts of Blocks 137 and 301 within the City of Milledgeville Blocks 302 through 309 Those parts of Blocks 310 and 311 within the City of Milledgeville
District No. 3
Tract 9901 Those parts of Blocks 201, 210, 223, and 226 within the City of Milledgeville Blocks 229, 232 through 247, and 301 through 310
3853
3854 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
District No. 4
Tract 9902 Blocks 332 through 335, 340, and 342 through 357
Tract 9903 Blocks 157 through 163, 201 through 217, and 301 through 303
District No. 5
Tract 9902 Blocks 223, 224, 226, 231 through 239, 308 through 331, and 336 through 339
District No. 6
Tract 9901 Those parts of Blocks 134, 146, and 201 within the City of Milledgeville Blocks 202 and 203 That part of Block 205 within the City of Milledgeville
Tract 9902 Those parts of Blocks 128, 135, and 136 within the City of Milledgeville Blocks 139, 205, 206, 208 through 222, and 227 through 230 Those parts of Blocks 401, 404, 406, and 407 within the City of Milledgeville
(c) Those residences and areas comprising those areas known as Jacquelyn Terrace, North Ridge Subdivision, and Merriweather Subdivision which were annexed into the corporate limits of the City of Milledgeville, Georgia, and are within the corporate limits of Milledgeville are assigned to election District No. 6 as set forth and described in subsection (b) of this section for the purpose of electing the six aldermen of the City of Milledgeville, Georgia.
(d) (1) For purposes of subsection (b) of this section, the terms `tract,' `block group,' and `block' shall mean and shall describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1980 for the State of Georgia.
GEORGIA LAWS 1984 SESSION
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(2) Whenever the description of an election district refers to the City of Milledgeville, 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.
(e) One alderman shall be elected from each of the election districts described in subsection (b) of this section. At the regular municipal election to be held on the third Wednesday in September, 1985, the six aldermen representing districts 1 through 6 as described herein shall be elected for terms of four years, said terms of office beginning on October 1, 1985. Thereafter, their successors shall be elected at the regular municipal election which is held immediately preceding the expiration of the terms of office and shall take office on the first day of October immediately following their election for terms of four years.
(f) There shall be no durational residency requirement as a condition to qualify as a candidate for election districts 1, 2, 3, 4, 5, and 6 for the board of aldermen of the City of Milledgeville other than as provided by the laws of the State of Georgia, except that future candidates for a district position must attain their residence in the district they seek to represent at least by the time they qualify as candidates for the municipal election to be held on the third Wednesday in September, 1985, and subsequent elections. Additionally, such candidates must meet the qualifications provided for in Section IV of the charter of the City of Milledgeville, Georgia. Each alderman elected must remain a resident of the district from which elected during the term of office. Each alderman shall be elected by a majority of the electors voting in elections within each respective election district.
(g) The mayor of the City of Milledgeville, Georgia, may reside anywhere within the corporate limits of the city and shall be elected by a majority of the electors voting from the city at large for a term of four years. The successor for the office of mayor shall be elected at the regular municipal election which is held immediately preceding the expiration of the term of office and shall take office on the first day of October immediately following said election.
(h) In the event that an alderman removes his or her place of residence during the term of office from the election district from which elected, a vacancy shall thereby be created. Such vacancy shall be filled by a qualified resident of the election district wherein the
3856 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
vacancy exists in the manner described by Section XIX of this charter.
(i) The mayor and aldermen shall be nominated and elected in accordance with the provisions of Chapter 3 of Title 21 of the O.C.G.A., known as the `Georgia Municipal Election Code.'
(j) The mayor and aldermen shall serve until their successors are elected and qualified as provided in this section."
Section 2. The provisions of this Act relating to and necessary for the election of the mayor and aldermen at the 1985 regular municipal election of the City of Milledgeville and subsequent elections shall be effective for the purpose of such elections upon the approval of this Act by the Governor or upon its otherwise becoming law without his approval. This Act shall be effective for all other purposes on October 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 1984 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 26th day of December, 1983.
GEORGIA LAWS 1984 SESSION
Culver Kidd Senator, 25th District
3857
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: City of Milledgeville: Amend an Act creating new charter for the City of Milledgeville was inserted in space of legal advertisement as follows: December 30,1983.
/s/ Roger W. Coover, Publisher
Subscribed and sworn before me, this 4th day of January, 1984.
/s/ Patsy C. Smith Notary Public. My Commission expires 5/31/86.
Approved March 12, 1984.
3858 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
MACON COUNTY -- CONSTITUTIONAL AMENDMENT REGARDING POPULAR ELECTION OF SCHOOL BOARD CONTINUED.
No. 657 (Senate Bill No. 400).
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 Constitutional Amendment Number 95 (Res. Act 258, H.R. 409-832, Ga. L. 1962, p. 1194), duly ratified at the 1962 general election and proclaimed by the Governor to be a part of the Constitution of 1945, which amendment provides for the election by the people of members of the Board of Education of Macon County and the election of the county school superintendent by the county board of education; 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 95 (Res. Act 258, H.R. 409-832, Ga. L. 1962, p. 1194), duly ratified at the 1962 general election and proclaimed by the Governor to be a part of the Constitution of 1945, which amendment provides for the election by the people of members of the Board of Education of Macon County and the election of the county school superintendent by the county board of education, 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. All laws and parts of laws in conflict with this Act are repealed.
GEORGIA LAWS 1984 SESSION
3859
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1984 session of the General Assembly of Georgia a bill to continue Constitutional Amendment Number 95, ratified November 6, 1962 (Ga. L. 1962, p. 1194), which provides for the manner of electing the county board of education and the county school superintendent of Macon County; and for other purposes.
This 3rd day of January, 1984.
Georgia, Fulton County.
Honorable L. H. McKenzie Senator, 14th District
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lewis H. McKenzie, who, on oath, deposes and says that he is Senator from the 14th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Citizen and Georgian which is the official organ of Macon County, on the following date: January 4,1984.
/s/ Lewis H. McKenzie Senator, 14th District
Sworn to and subscribed before me, this 13th day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 12, 1984.
3860 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
TROUP COUNTY -- CONSTITUTIONAL AMENDMENT PROVIDING FOR DIVISION OF COUNTY INTO SCHOOL DISTRICTS, ETC., CONTINUED.
No. 658 (Senate Bill No. 410).
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 constitutional amendment (Res. Act 87, S.R. 84, Ga. L. 1952, p. 510) duly ratified at the 1952 general election and proclaimed by the Governor to be a part of the Constitution of 1945, which amendment provided for the division of Troup County into school districts, the election of members of the county board of education from those school districts and their terms of office and qualifications, and the election and appointment by the county board of education of a superintendent of the county school system and prescribed his qualifications and term of office; 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 87, S.R. 84, Ga. L. 1952, p. 510) duly ratified at the 1952 general election and proclaimed by the Governor to be a part of the Constitution of 1945, which amendment provided for the division of Troup County into school districts, the election of members of the county board of education from those school districts and their terms of office and qualifications, and the election and appointment by the county board of education of a superintendent of the county school system and prescribed his qualifications and term of office, shall not be repealed
GEORGIA LAWS 1984 SESSION
3861
or deleted upon July 1,1987, as part of the Constitution ratified at the general election in 1982, but shall specifically continue in force and effect on and after that date as part of that Constitution.
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 1984 Regular Session of the General Assembly of Georgia a Bill to continue in force and effect that Amendment of the Constitution of 1945 which provided for the division of Troup County into school districts, for the election of the County Board of Education from such school districts and for their terms of office and qualifications; provided for the election and appointment by the County Board of Education of a Superintendent of the County School System and prescribed his qualification and term of office; to provide that said amendment shall be continued in force and effect after July 1, 1987 as provided in Article XI of Section I, Paragraph IV of the Constitution of 1983; to provide for related matters; and for other purposes.
This 9th day of January, 1984.
J. Frank Slaughter, Sr. Chairman Troup County Board of Education
Publisher's Affidavit
Georgia, Troup County.
Personally before the undersigned officer duly authorized to administer oaths appeared Glen 0. Long who on oath deposes and says that he is the Publisher of the LaGrange Daily News, the newspaper in which the Sheriffs advertisements for Troup County,
3862 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Georgia are published and that the attached copy of Notice of Intention to Introduce Local Legislation was published therein on January 13,1984.
/s/ Glen 0. Long Publisher, LaGrange Daily News
Sworn to and subscribed before me, this 13th day of January, 1984.
/s/ James R. Lewis Notary Public, Troup County, Georgia. My Commission Expires September 12, 1984.
Approved March 12, 1984.
CHATHAM COUNTY STATE COURT -- APPOINTMENT OF CLERK. No. 659 (Senate Bill No. 481). AN ACT
To provide for the appointment of the clerk of the State Court of Chatham County by a majority vote of the judges of the superior courts of the Eastern Judicial Circuit and the judges of said state court; to provide for other matters relative thereto; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
GEORGIA LAWS 1984 SESSION
3863
Section 1. The provisions of any other law to the contrary notwithstanding, the clerk of the State Court of Chatham County shall be appointed by a majority vote of the judges of the superior courts of the Eastern Judicial Circuit and the judges of said state court. The majority vote required shall be a majority of the total number of the superior and state court judges. The clerk of the Superior Court of Chatham County shall be eligible for appointment, pursuant to the requirements of this section, as clerk of the State Court of Chatham County and if so appointed, said officer may serve in both capacities. The first clerk of the State Court of Chatham County appointed pursuant to this Act shall be appointed to take office on January 1,1985. There shall be no election for clerk of the State Court of Chatham County in 1984, and effective December 31, 1984, the office of elective clerk of the State Court of Chatham County shall stand abolished.
Section 2. 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 1984 session of the General Assembly of Georgia a bill relative to the clerk of the State Court of Chatham County; and for other purposes.
This 9th day of January, 1984.
Honorable Albert J. 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 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 date: January 19,1984.
3864 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
/s/ Albert Scott Senator, 2nd District
Sworn to and subscribed before me, this 24th day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 12, 1984.
DOOLY COUNTY MAGISTRATE COURT -- MANNER OF SELECTING CHIEF MAGISTRATE. No. 660 (Senate Bill No. 459). AN ACT
To change the provisions relating to the Magistrate Court of Dooly County, so as to change the manner of selecting the chief magistrate thereof and to provide for terms of and vacancies in such office; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia: Section ftj The person serving as chief magistrate of the Magistrate Court of Dooly County immediately prior to the effective date of this Act shall continue to serve out that person's term of office, but all successors to that office shall be appointed by the governing authority of Dooly County to take office the first day of January following the expiration of the immediately preceding term of that office and shall
GEORGIA LAWS 1984 SESSION
3865
serve for terms of four years and until their respective successors are appointed and qualified. A vacancy in the office of chief magistrate shall be filled for the remaining unexpired term by appointment by the governing authority of Dooly 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 1984 session of the General Assembly of Georgia a bill to change the provisions relating to the Magistrate Court of Dooly County; and for other purposes.
This 16th day of January, 1984.
Dooly County Board of Commissioners Billy S. Giles Alton P. Draughon Wayne J. West
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 Legislation was published in the Vienna News-Observer which is the official organ of Dooly County, on the following date: January 18,1984.
/s/ Rooney L. Bowen Senator, 13th District
3866 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 23rd day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 12, 1984.
RABUN COUNTY -- CONSTITUTIONAL AMENDMENT PROVIDING FOR LEVY OF SALES AND USE TAX BY BOARD OF EDUCATION CONTINUED.
No. 661 (Senate Bill No. 486).
AN ACT
To provide for authority; to continue in force and effect as part of the Constitution of the State of Georgia that constitutional amendment duly ratified at the 1982 general election (Res. Act 126, Senate Resolution 309, Ga. L. 1982, p. 2522), and proclaimed by the Governor to be a part of the Constitution of the State of Georgia, which amendment requires the Board of Education of the Rabun County School District to impose, levy, and collect a 1 percent sales and use tax for educational purposes and to adjust millage rate limitations upon and the millage rate levied by the Rabun County School District on and after January 1, 1984, to take into account the proceeds received from the tax by the school district for the preceding year; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
GEORGIA LAWS 1984 SESSION
3867
Section 1. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia authorizing the continuation of certain amendments to the Constitution.
Section 2. The constitutional amendment duly ratified at the 1982 general election (Res. Act 126, Senate Resolution 309, Ga. L. 1982, p. 2522), and proclaimed by the Governor to be a part of the Constitution of the State of Georgia, which amendment requires the Board of Education of the Rabun County School District to impose, levy, and collect a 1 percent sales and use tax for educational purposes and to adjust millage rate limitations upon and the millage rate levied by the Rabun County School District on and after January 1,1984, to take into account the proceeds received from the tax by the school district for the preceding year, shall not be repealed or deleted on July 1,1987, but is specifically continued in force and effect on and after that date as part of the Constitution of the State of Georgia.
Section 3. This Act shall become effective July 1,1984.
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 1984 session of the General Assembly of Georgia, a bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment ratified at the 1982 general election which requires the Board of Education of the Rabun County School District to impose, levy, and collect a 1 percent sales and use tax for educational purposes and to adjust millage rate limitations upon and the millage rate levied by the Rabun County School District on and after January 1,1984, to take into account the proceeeds received from the tax by the school district for the preceding year; and for other purposes.
This 2nd day of January, 1984.
3868 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Affidavit of Publication.
Georgia, Rabun County.
Personally appeared before the undersigned officer duly authorized 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 1 week in the regular issue of Jan. 5,1984.
/s/ James Wallace
Sworn to and subscribed before me, this 20th day of January, 1984.
/s/ Betty J. Wallace Notary Public, Rabun County, Georgia. My Commission expires June 10, 1985. (Seal).
Approved March 12, 1984.
GWINNETT COUNTY -- SUPPLEMENTAL COMPENSATION
FOR JUDGES OF THE SUPERIOR COURT. No. 662 (Senate Bill No. 494). AN ACT
To amend an Act creating the Gwinnett Judicial Circuit and
GEORGIA LAWS 1984 SESSION
3869
providing for its powers, duties, jurisdiction, and officers, approved February 12,1960 (Ga. L. 1960, p. 110), as amended, particularly by an Act approved March 22, 1967 (Ga. L. 1967, p. 122), an Act approved April 10,1968 (Ga. L. 1968, p. 1365), and an Act approved February 25,1977 (Ga. L. 1977, p. 230), so as to change the provisions relating to the supplement of the salary of each of the judges of the Superior Court of Gwinnett Judicial Circuit from the funds of Gwinnett County; to provide for an increase in the amount of the supplement; to provide for the method and manner in which such increase shall be paid; to authorize payment of certain other amounts; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the Gwinnett Judicial Circuit and providing for its powers, duties, jurisdiction, and officers, approved February 12,1960 (Ga. L. 1960, p. 110), as amended, particularly by an Act approved March 22, 1967 (Ga. L. 1967, p. 122), an Act approved April 10,1968 (Ga. L. 1968, p. 1365), and an Act approved February 25, 1977 (Ga. L. 1977, p. 230), is amended by striking Sections 2A and 2B in their entirety and inserting in lieu thereof a new Section 2A to read as follows:
"Section 2A. The compensation and allowances of the judge of the Gwinnett Judicial Circuit shall be as now or hereafter provided by law, and in addition thereto the salary of each such judge shall be supplemented in the amount of $12,500.00 per annum from the funds of Gwinnett County payable in equal monthly installments, and the governing authority of Gwinnett County is authorized and directed to pay the compensation herein provided. In addition to the above provisions, the governing authority of Gwinnett County is authorized to pay the superior court judges of the Gwinnett Judicial Circuit such amount as shall be fixed by the governing authority."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
3870 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Notice is hereby given that Legislation will be introduced at the January 1984 Session of the General Assembly of the State of Georgia, a bill to amend the act creating the Gwinnett Judicial Circuit so as to increase the supplement to the compensation and other benefits of the Judges of the Gwinnett Superior Court and for other purposes.
This 4th day of January, 1984.
Donn M. Peevy Senator, 48th District
Publisher's Certificate.
Georgia, Gwinnett County.
Personally appeared before the undersigned, a notary public within and for said county and State, Bruce R. Still, publisher of The Home Weekly, a newspaper published at Lawrenceville, county of Gwinnett, State of Georgia, who, being duly sworn, states on oath that the report of Supplement and Compensation of Judges, a true copy of which is hereto annexed, was published in said newspaper in its issue of the 11th day of January, 1984.
/s/ Bruce R. Still Publisher
Sworn to and subscribed before me, this 23rd day of January, 1984.
/s/ Ann Dover Notary Public. My Commission Expires February 18, 1985. (Seal).
Approved March 12, 1984.
GEORGIA LAWS 1984 SESSION
3871
CARROLL COUNTY -- COMPENSATION OF CORONER CHANGED.
No. 663 (Senate Bill No. 500).
AN ACT
To amend an Act placing the coroner of Carroll County on an annual salary, approved April 17, 1973 (Ga. L. 1973, p. 2924), as amended, so as to change the compensation of the coroner of Carroll County; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act placing the coroner of Carroll County on an annual salary, approved April 17, 1973 (Ga. L. 1973, p. 2924), 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 coroner of Carroll County shall receive a monthly salary of $400.00, payable monthly from county funds. The coroner shall also receive an expense allowance of $100.00 per month, payable monthly from county funds under such conditions as the county governing authority may provide."
Section 2. All laws and parts of laws in 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 1984 session of the General Assembly of Georgia a bill to change the compensation of the Coroner of Carroll County, and for other purposes.
3872 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This 3rd day of January, 1984.
Wayne Garner Charles A. Thomas, Jr. Gerald L. Johnson
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 Senator 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 date: January 5,1984.
/s/ Wayne Garner Senator, 30th District
Sworn to and subscribed before me, this 27th day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 12, 1984.
GEORGIA LAWS 1984 SESSION
3873
LIBERTY COUNTY -- CONSTITUTIONAL AMENDMENTS RELATING TO THE LIBERTY COUNTY
INDUSTRIAL AUTHORITY CONTINUED.
No. 664 (Senate Bill No. 507).
AN ACT
To provide for authority; to continue in full force and effect as part of the Constitution ratified at the general election in 1982 that constitutional amendment (Res. Act No. 91, H.R. 274-6879, Ga. L. 1958, p. 472), duly ratified at the general election in 1958, which amendment created the Liberty County Industrial Authority and that constitutional amendment (Res. Act No. 173, S.R. 381, Ga. L. 1976, p. 1781), duly ratified at the general election in 1976, which amendment changed the provisions relating to the Liberty County Industrial Authority and that constitutional amendment (Res. Act No. 230, H.R. 587-1593, Ga. L. 1980, p. 2221), duly ratified at the general election in 1980, which amendment changed the composition of the membership of the Liberty County Industrial Authority; 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 No. 91, H.R. 274-6879, Ga. L. 1958, p. 472), duly ratified at the general election in 1958, which amendment created the Liberty County Industrial Authority, and that constitutional amendment (Res. Act No. 173, S.R. 381, Ga. L. 1976, p. 1781), duly ratified at the general election in 1976, which amendment changed the provisions relating to the Liberty County Industrial Authority and that constitutional amendment (Res. Act No. 230, H.R. 587-1593, Ga. L. 1980, p. 2221), duly ratified at the general election in 1980, which amendment changed the composition of the membership of the Liberty County Industrial Authority, shall not be repealed or deleted on July 1,1987, as part of the Constitution of the State of Georgia ratified at the general election in 1982 but shall continue in full force and effect on and after that date as part of that Constitution.
3874 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 1984 Session of the General Assembly of Georgia, a Bill to provide for continuation in force and effect, as part of the Constitution ratified at the General Election in 1982, that Constitutional Amendment (H.R. No. 274-687g, Ga. L. 1958, p. 472 et seq.) creating the Liberty County Industrial Authority which Constitutional Amendment was subsequently amended (S.R. 381, Ga. L. 1976, p. 1781 et seq.; H.R. 806-2034, Ga. L. 1976, p. 1823 et seq.; and H.R. 587-1593, Ga. L. 1980, p. 2221 et seq.), to provide for the appointment and terms of office of members of the Liberty County Industrial Authority and for other matters and purposes.
This 25th day of January, 1984.
Glenn E. Bryant Senator, Third District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Glenn E. Bryant, who, on oath, deposes and says that he 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 date: January 27,1984.
/s/ Glenn E. Bryant Senator, 3rd District
GEORGIA LAWS 1984 SESSION
Sworn to and subscribed before me, this 30th day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 12, 1984.
3875
GWINNETT COUNTY STATE COURT -- COMPENSATION OF JUDGES CHANGED.
No. 665 (Senate Bill No. 515).
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 March 16, 1983 (Ga. L. 1983, p. 4213), so as to change the compensation of the judges of the state court; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act 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 March 16, 1983 (Ga. L. 1983, p. 4213), by striking subsection (c) of Section 13, which reads as follows:
"(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
3876 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 year's salary on January 1 of each year thereafter.",
and inserting in lieu thereof the following:
"(c) Each of the judges shall be paid a salary of $48,000.00 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."
Section 2. This Act shall become effective on the first day 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 Legislation will be introduced at the January 1984 session of the General Assembly of the State of Georgia a bill to amend the act creating the Gwinnett State Court so as to increase the supplement to the compensation and other benefits of the Judges of the Gwinnett State Court and for other purposes.
This 17th day of January, 1984.
Tom Phillips 9th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, R. T. Phillips, who, on oath, deposes and says that he 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 date: January 25,1984.
GEORGIA LAWS 1984 SESSION
/s/ R. T. Phillips Senator, 9th District
Sworn to and subscribed before me, this 2nd day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 12, 1984.
3877
BIBB COUNTY CIVIL COURT -- JURISDICTION CHANGED.
No. 666 (Senate Bill No. 521).
AN ACT
To amend an Act creating the Civil Court of Bibb County, approved March 3,1955 (Ga. L. 1955, p. 2552), as amended, so as to change the jurisdiction of said court; to provide for jurisdiction in garnishment proceedings; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the Civil Court of Bibb County, approved March 3, 1955 (Ga. L. 1955, p. 2552), as amended, is amended by striking Sections 2 and 3 in their entirety and inserting in lieu thereof new Sections 2 and 3 to read as follows:
3878 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
"Section 2. Jurisdiction. Be it further enacted by the authority aforesaid, that said Civil Court of Bibb County shall have jurisdiction within the incorporate limits of the County of Bibb as aforesaid, concurrent with the superior court to try and dispose of all civil cases or proceedings of whatever nature, whether arising ex contractu 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 over which jurisdiction is not vested by the Constitution and laws of the State of Georgia exclusively in other courts. The criminal jurisdiction of said Civil Court of Bibb County shall not exceed the jurisdiction now or hereafter vested by law in the justice courts of this State except that the Civil Court of Bibb County shall have jurisdiction in all suits or causes of action brought under the provisions of Chapter 12 of Title 40 of the Official Code of Georgia Annotated, to try any action against a nonresident defendant upon whom service was perfected by serving the Secretary of State as provided in Chapter 12 in the same manner as where the jurisdiction to try such an action is vested in the courts in said counties having jurisdiction of tort and criminal actions. The Civil Court of Bibb County shall have jurisdiction to try and to determine all suits, warrants, and proceedings to evict intruders and to dispossess and remove tenants holding over. The plaintiff in such proceedings shall have the right to direct the return of the same as to any issues to be tried therein to either the Civil Court of Bibb County, or to the Superior Court of Bibb County, providing the election is stated in the warrant or affidavit at the time the same is issued.
Section 3. Jurisdiction. Civil and criminal. Be it further enacted by the authority aforesaid, that wherever and whenever the words `Principal amount sworn to or claimed to be due,' are used in any Act relating to the Civil Court of Bibb County, 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 the lien sought to be enforced by the plaintiff, or the alleged amount of the lien sought to be enforced by the defendant by setoff or counterclaim, exclusive of and not computing interest, hire, attorney's fees and costs so that the jurisdiction of said Civil Court of Bibb County shall be concurrent with the superior court to try and dispose of all civil cases or proceedings of whatever nature whether arising ex contractu 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 over which jurisdiction is not vested by the Constitution or laws of Georgia exclusively in other courts. The jurisdiction of said Civil
GEORGIA LAWS 1984 SESSION
3879
Court of Bibb County shall be concurrent with the superior court to try and dispose of all garnishment proceedings and the monetary limitation provided for in this section shall not apply to such proceedings in said Civil Court of Bibb County. The criminal jurisdiction of said Civil Court of Bibb County shall not exceed the jurisdiction now or hereafter vested by law in the justice courts of Georgia."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1984 Session of the General Assembly of Georgia, a bill to amend an Act creating the Civil Court of Bibb County, approved March 3,1955, (Ga. Laws 1955, P. 2552), as amended, so as to change the jurisdiction of said Court; and for other purposes.
This 27th day of January, 1984.
Burl Davis
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 Legislation was published in the Macon Telegraph and News which is the official organ of Bibb County, on the following date: February 1, 1984.
/s/ Richard L. Greene Senator, 26th District
3880 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 6th day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 12, 1984.
CALHOUN COUNTY MAGISTRATE COURT -- PROBATE JUDGE TO BE CHIEF MAGISTRATE.
No. 667 (Senate Bill No. 557).
AN ACT
To provide that the judge of the Probate Court of Calhoun County shall become the chief magistrate of the Magistrate Court of Calhoun County on a certain date; to provide for the compensation of said officer; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia: Section 1. (a) Effective January If 1985, the judge of the Probate Court of Calhoun County shall become the chief magistrate of the Magistrate Court of Calhoun County. Thereafter, the judge of the Probate Court of Calhoun County shall continue to be the chief magistrate and said officer's term of office as chief magistrate shall be concurrent with said officer's term of office as judge of the probate court.
(b) The judge of the probate court and chief magistrate shall receive as minimum compensation the compensation provided for
GEORGIA LAWS 1984 SESSION
3881
judges of the probate courts by Code Sections 15-9-63 through 15-965 of the O.C.G.A. In addition to such minimum compensation, the governing authority of Calhoun County shall supplement such compensation in the minimum amount provided by general law for a judge of the probate court serving in the capacity of chief magistrate and may supplement such compensation in any amount not exceeding the amount specified as minimum compensation for chief magistrates by subsection (a) of Code Section 15-10-23 of the O.C.G.A.
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 1984 session of the General Assembly of Georgia a bill relative to the judge of the Probate Court of Calhoun County becoming the chief magistrate of the Magistrate Court of Calhoun County; and for other purposes.
This 6th day of January, 1984.
Jimmy Hodge Timmons Senator, 11th District
Bob Hanner Representative, House District 131
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 Albany Herald which is the official organ of Calhoun County, on the following date: January 10,1984.
3882 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
/s/ Jimmy Hodge Timmons Senator, 11th District
Sworn to and subscribed before me, this 10th day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 12, 1984.
EVANS COUNTY -- MANNER OF APPOINTMENT OF CHIEF MAGISTRATE OF MAGISTRATE COURT.
No. 668 (Senate Bill No. 525). AN ACT
To provide legislative intent; to provide that the chief magistrate of the Magistrate Court of Evans County shall be appointed by a majority vote of the judges of the Superior Courts of the Atlantic Judicial Circuit with the approval and concurrence of the board of commissioners of Evans County; to provide for terms of office; to provide for filling vacancies; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia: Section 1. It is the intent of this Act to implement certain local prerogatives authorized by Chapter 10 of Title 15 of the O.C.G.A.
GEORGIA LAWS 1984 SESSION
3883
Section 2. The chief magistrate of the Magistrate Court of Evans County first selected to take office prior to January 1, 1985, shall serve for a term of office which expires December 31, 1984. Thereafter, successors to the chief magistrate of the Magistrate Court of Evans County shall be appointed by a majority vote of the judges of the Superior Courts of the Atlantic Judicial Circuit with the approval and concurrence of the board of commissioners of Evans County. The chief magistrate shall serve for a term of office of four years which shall begin the first day of January following the expiration of the immediately preceding term. Vacancies in the office of the chief magistrate shall be filled for the unexpired term in the same manner as regular appointments. Any person appointed as chief magistrate of the Magistrate Court of Evans County shall serve until the expiration of the term of office to which appointed and until a successor is appointed and qualified.
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 1984 session of the General Assembly of Georgia Legislation relative to the Magistrate Court of Evans County, Georgia.
Joseph E. Kennedy Senator, Fourth District of Georgia
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Joseph E. Kennedy, who, on oath, deposes and says that he is Senator from the 4th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Claxton Enterprise which is the official organ of Evans County, on the following date: February 2,1984.
3884 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
/s/ Joseph E. Kennedy Senator, 4th District
Sworn to and subscribed before me, this 6th day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 12, 1984.
SCREVEN COUNTY BOARD OF COMMISSIONERS -- COMPENSATION OF CHAIRMAN AND MEMBERS.
No. 670 (House Bill No. 1456).
AN ACT
To amend an Act entitled "An Act for the election and creation of a board of county commissioners for the County of Screven, define their duties, and for other purposes.", approved December 9, 1871 (Ga. L. 1871-2, p. 231), as amended, particularly by an Act approved August 19, 1912 (Ga. L. 1912, p. 456), an Act approved August 16, 1915 (Ga. L. 1915, p. 345), an Act approved March 5, 1957 (Ga. L. 1957, p. 2428), and an Act approved April 3, 1972 (Ga. L. 1972, p. 3490), so as to change the compensation of the chairman and the other members of the board of commissioners of Screven County; to provide an effective date; to repeal conflicting laws; and for other purposes.
GEORGIA LAWS 1984 SESSION
3885
Be it enacted by the General Assembly of Georgia:
Section 1. An Act entitled "An Act for the election and creation of a board of county commissioners for the County of Screven, define their duties, and for other purposes.", approved December 9, 1871 (Ga. L. 1871-2, p. 231), as amended, particularly by an Act approved August 19, 1912 (Ga. L. 1912, p. 456), an Act approved August 16, 1915 (Ga. L. 1915, p. 345), an Act approved March 5, 1957 (Ga. L. 1957, p. 2428), and an Act approved April 3, 1972 (Ga. L. 1972, p. 3490), is amended by striking Section 3 and inserting in lieu thereof a new Section 3 to read as follows:
"Section 3. Before entering upon the discharge of their duties as said commissioners, they shall take oath before the judge of the probate court of Screven County to discharge faithfully, equitably, justly, and impartially all the duties of their offices, and in addition shall give bond before the judge of the Probate Court of Screven County and his successors in office for the use of the county, in the sum of $1,000.00 each, conditioned to respond in damages for any failure on their part to perform their duties whereby on account of said failure the county might be endangered or any part of said county. The chairman of the board of commissioners shall receive a salary of $3,600.00 per annum and the other four commissioners shall each receive a salary of $2,400.00 per annum, to be paid monthly out of the general 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 Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1984 session of the General Assembly of Georgia a bill to amend an Act creating a board of commissioners of Screven County, approved December 9,1871 (Ga. L. 1871-2, p. 231), as amended, so as to change the compensation of the chairman and other members of the board; and for other purposes.
3886 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This 18 day of January, 1984.
Robert E. Lane Representative, 111th District
John F. Godbee Representative, 110th 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 Sylvania Telephone which is the official organ of Screven County, on the following date: January 26,1984.
/s/ Bob Lane Representative, 111th District
Sworn to and subscribed before me, this 30th day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 12,1984.
GEORGIA LAWS 1984 SESSION
3887
BEN HILL COUNTY BOARD OF COMMISSIONERS -- ELECTION, COMPENSATION, ETC., OF MEMBERS.
No. 671 (House Bill No. 1463).
AN ACT
To amend an Act creating a board of commissioners of Ben Hill County, approved August 15,1914 (Ga. L. 1914, p. 232), as amended by an Act approved August 7, 1915 (Ga. L. 1915, p. 153), an Act approved March 8, 1933 (Ga. L. 1933, p. 401), an Act approved January 26,1938 (Ga. L. 1937-38, Ex. Sess., p. 759), an Act approved March 5, 1943 (Ga. L. 1943, p. 835), an Act approved February 21, 1951 (Ga. L. 1951, p. 3154), an Act approved February 26, 1953 (Ga. L. 1953, p. 2677), an Act approved March 5,1957 (Ga. L. 1957, p. 2571), an Act approved April 3,1972 (Ga. L. 1972, p. 3475), and an Act approved February 20, 1975 (Ga. L. 1975, p. 2503), so as to provide for election of members of the board of commissioners and the districts from which they shall be elected; to provide for the compensation of the members of the board; to provide for the election of a chairman of the board; 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 Ben Hill County, approved August 15, 1914 (Ga. L. 1914, p. 232), as amended by an Act approved August 7,1915 (Ga. L. 1915, p. 153), an Act approved March 8,1933 (Ga. L. 1933, p. 401), an Act approved January 26,1938 (Ga. L. 1937-38, Ex. Sess., p. 759), an Act approved March 5, 1943 (Ga. L. 1943, p. 835), an Act approved February 21, 1951 (Ga. L. 1951, p. 3154), an Act approved February 26, 1953 (Ga. L. 1953, p. 2677), an Act approved March 5,1957 (Ga. L. 1957, p. 2571), an Act approved April 3,1972 (Ga. L. 1972, p. 3475), and an Act approved February 20,1975 (Ga. L. 1975, p. 2503), is amended by striking Section 1 and inserting in its place a new Section 1 to read as follows:
"Section 1. (a) There shall be a board of commissioners of Ben Hill County which shall consist of three members each of whom shall serve a term of six years beginning on the first day of January next following their election at a general election.
3888 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(b) There shall be three commissioner districts of Ben Hill County to be designated as Commissioner District Number 1, Commissioner District Number 2, and Commissioner District Number 3. The terms of each commissioner of each district shall begin as follows:
Commissioner District Number 1 - January 1,1985
Commissioner District Number 2 - January 1,1987
Commissioner District Number 3 - January 1,1989
(c) Each member of the board shall be a resident of the commissioner 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. A vacancy shall be defined as occurring when an elected member of the board becomes deceased, resigns, is recalled, or becomes incapacitated or disabled to the extent that he fails to attend three successive regular monthly meetings of the board.
(d) The election for the member representing Commissioner District Number 1 shall be at the general election to be held in 1984. The election for the member representing Commissioner District Number 2 shall be at the general election to be held in 1986. The election for the member representing Commissioner District Number 3 shall be at the general election to be held in 1988.
(e) The term of each commissioner now serving as a member of the board of commissioners of Ben Hill County shall expire at the end of the term for which each member was elected.
(f) For purposes of electing members of the board of commissioners, Ben Hill County is divided into three commissioner districts, each of which shall consist of the territory within the following bounds:
Commissioner District Number 1 - All that portion of Ben Hill County, Georgia, lying east of a line described as beginning at the intersection of the line dividing Ben Hill and Irwin Counties and the right of way of U. S. Highway 129, thence running in a northern direction along the right of way of U. S.
GEORGIA LAWS 1984 SESSION
3889
Highway 129 to the right of way of East Sultana Drive in Fitzgerald, Georgia, thence running east along the right of way of Sultana Drive to the intersection thereof with Marion Avenue, thence running South along the right of way of Marion Avenue to the right of way of Snowden Road, thence running east along the right of way of Snowden Road (SR-173) approximately one and a half miles to the eastern end of Snowden Road, thence running north along Snowden Road to its intersection with the Camp Brooklyn Road (SR-26), thence running east along the right of way of Camp Brooklyn Road to its intersection with the right of way of State Route 11, thence running in a northerly direction along the right of way of State Route 11 to its intersection with the right of way with the Lulaville Road (SR-199), thence running west along the right of way of the Lulaville Road to the right of way of U. S. Highway 129, thence running north along the right of way of U. S. Highway 129 to its intersection with the northern county line of Ben Hill County.
Commissioner District Number 2 - This district shall constitute all of the territory of Ben Hill County, Georgia, and shall be an at-large district.
Commissioner District Number 3 - All that portion of Ben Hill County, Georgia, lying west of a line described as beginning at the intersection of the line dividing Ben Hill and Irwin Counties and the right of way of U. S. Highway 129, thence running in a northern direction along the right of way of U. S. Highway 129 to the right of way of East Sultana Drive in Fitzgerald, Georgia, thence running east along the right of way of Sultana Drive to the intersection thereof with Marion Avenue, thence running South along the right of way of Marion Avenue to the right of way of Snowden Road, thence running east along the right of way of Snowden Road (SR-173) approximately one and a half miles to the eastern end of Snowden Road, thence running north along Snowden Road to its intersection with the Camp Brooklyn Road (SR-26), thence running east along the right of way of Camp Brooklyn Road to its intersection with the right of way of State Route 11, thence running in a northerly direction along the right of way of State Route 11 to its intersection with the right of way of the Lulaville Road (SR-199) thence running west along the right of way of the Lulaville Road to the right of way of U. S. Highway 129, thence running north along the right of way of
3890 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
U. S. 129 to its intersection with the northern county line of Ben Hill County."
Section 2. Said Act is further amended by striking Section 5 and inserting in its place a new section to read as follows:
"Section 5. The chairman of the board shall be elected from the board by its members at the regular January monthly meeting of the board each year and shall serve for a term of one year."
Section 3. Said Act is further amended by striking Section 14 and inserting in its place a new section to read as follows:
"Section 14. The members of the board shall be paid the sum of $150.00 per month as total compensation for serving on the board, except that the chairman shall receive an additional $50.00 per month."
Section 4. Said Act is further amended by repealing in its entirety the amendatory Act relating to members of the board of commissioners which was approved February 21,1951 (Ga. L. 1951, p. 3154).
Section 5. This Act shall become effective January 1, 1985, except that the provisions of this Act necessary for the election of members of the board of commissioners at the general election in 1984 shall become effective upon approval of this Act by the Governor or upon its becoming law without his approval.
Section 6. All laws and parts of laws in conflict with this Act are repealed.
Notice of Local Legislation.
Notice is hereby given that there will be introduced in the 1984 regular session of the General Assembly of Georgia a bill to divide Ben Hill County into districts for election purposes; to provide for the filling of vacancies in the Board of Commissioners of Ben Hill County, Georgia, to provide for compensation for the members of the Board and for other matters relating to said Commission and for other purposes.
GEORGIA LAWS 1984 SESSION This 3rd day of January, 1984.
3891
Ed Drexler Chairman, Ben Hill County Board of Commissioners
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Paul S. Branch, Jr., who, on oath, deposes and says that he is Representative from the 137th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Herald Leader which is the official organ of Ben Hill County, on the following date: January 19,1984.
/s/ Paul S. Branch, Jr. Representative, 137th District
Sworn to and subscribed before me, this 1st day of February, 1984.
Is/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 12,1984.
3892 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
WORTH COUNTY BOARD OF COMMISSIONERS -- COMPENSATION OF CHAIRMAN AND MEMBERS.
No. 672 (House Bill No. 1464).
AN ACT
To amend an Act creating and establishing a board of commissioners of roads and revenues of Worth County, approved August 15, 1904 (Ga. L. 1904, p. 296), as amended, so as to change the compensation of the chairman and members of the board of commissioners of Worth County; 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 board of commissioners of roads and revenues of Worth County, approved August 15, 1904 (Ga. L. 1904, p. 296), as amended, is amended by striking in its entirety subsection (A) of Section 12 and inserting in lieu thereof a new subsection (A) to read as follows:
"(A) Be it further enacted by the authority aforesaid, that the salary of the chairman of said board shall be and is fixed at the sum of $300.00 per month, due and payable on the first day of each calendar month, out of the funds of the county treasury of said county, and the salary of each of the other members of said board shall be and is fixed at the sum of $200.00 per month; all salaries of the members of said board as well as other officers provided for under this Act shall be due and payable on the first day of each calendar month out of the county treasury of said county by the person or persons charged by law with the duty and authorized to pay out the money of said county.
That no member of said board shall be engaged as an employee of the county in any manner or capacity other than in his capacity as a commissioner, nor shall he receive directly or indirectly any salary whatever, other than as is herein provided, for services rendered as a member of said board."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
GEORGIA LAWS 1984 SESSION Notice of Local Legislation.
3893
Notice is hereby given that a bill will be introduced during the regular 1984 session of the General Assembly of Georgia to amend an act approved August, 1904, entitled "An Act to create and establish a Board of Commissioners of roads and revenues of Worth County; affix and describe their jurisdiction, power and duties; to provide for the election, appointment and qualifications of the members and officers of said board, and to fix their salaries and fees and for other purposes" (Ga. L. 1904, pp. 296-300), as amended; to amend an Act approved March 12,1935, (Ga. L. 1935, pp. 842-848); to amend an act approved February 19,1951, (Ga. L. 1951, pp. 2443-2446); to amend an act approved February 23,1965, (Ga. L. 1965, pp. 2057-2059); so as to fix the salaries and fees of members and officers of said Board of Commissioners; and for other purposes.
This 13th day of January, 1984.
Earleen Sizemore Representative, 136th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Earleen Sizemore, who, on oath, deposes and says that she is Representative from the 136th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Sylvester Local which is the official organ of Worth County, on the following date: January 19,1984.
/s/ Earleen Sizemore Representative, 136th District
3894 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 30th day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 12,1984.
CITY OF CAIRO -- CORPORATE LIMITS EXTENDED.
No. 673 (House Bill No. 1370). AN ACT
To amend an Act incorporating the City of Cairo, approved August 6,1906 (Ga. L. 1906, p. 573), as amended, particularly by an Act approved April 28,1969 (Ga. L. 1969, p. 3745), 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, particularly by an Act approved April 28, 1969 (Ga. L. 1969, p. 3745), 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:
GEORGIA LAWS 1984 SESSION
3895
All that tract or parcel of land containing 4.6 acres, more or less, lying and being in Land Lot 102 in the 18th Land District of Grady County, Georgia, being more particularly described as follows: Begin at the northwest corner of said Lot 102 (said point being a point common to Land Lots 101,102,99 and 100 of Land District 18) and run thence North 88 30' East along the north lot line of said Lot 102 a distance of 741 feet to the POINT OF BEGINNING of the tract of land to be included within the corporate limits of said City; thence North 88 30' East a distance of 915.75 feet along the south margin of Forest Glenn Road to a point, which line is the present city limit line of said City; thence South 24 02' East a distance of 227.36 feet along the west margin of Lakewood Drive to a point, which line is also the present city limit line of said City; thence South 88 30' West a distance of 1002.85 feet to a point, which line is along the present city limit line of said City; thence North 01 30' West a distance of 210 feet to the point of beginning on the present city limit line of said City."
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 1984 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
3896 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
and says that he is Representative from the 142nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Cairo Messenger which is the official organ of Grady County, on the following date: January 27,1984.
/s/ Bobby Long Representative, 142nd District
Sworn to and subscribed before me, this 30th day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 12,1984.
GORDON COUNTY -- COMPOSITION OF COMMISSIONER DISTRICTS. No. 674 (House Bill No. 1371). 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, particularly 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 composition of the commissioner districts; to repeal conflicting laws; and for other purposes.
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3897
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, particularly 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 (b) of Section 1 in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) For the purpose of electing the members of said board of commissioners, Gordon County shall be divided into the following commissioner districts:
Commissioner District 1 shall include the territory of Gordon County embraced within Voting Precinct 1055, Plainville; Voting Precinct 1064, Oostanaula; and Voting Precinct 1054, Sugar Valley.
Commissioner District 2 shall include the territory of Gordon County embraced within Voting Precinct 1595, Hill City; Voting Precinct 980, Resaca; and Voting Precinct 1063, Pine Chapel.
Commissioner District 3 shall include the territory of Gordon County embraced within Voting Precinct 849, Calhoun.
Commissioner District 4 shall include the territory of Gordon County embraced within Voting Precinct 973, Red Bud; Voting Precinct 1056, Sonoraville; and Voting Precinct 856, Lily Pond.
Commissioner District 5 shall include the territory of Gordon County embraced within Voting Precinct 874, Fairmount; Voting Precinct 1057, Ranger; and Voting Precinct 1235, Oakman."
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 1984 Session of the General Assembly of Georgia a bill to amend an
3898 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Act creating the Board of Commissioners of Gordon County, approved March 13, 1975 (Ga. L. 1975, p. 2719); and for other purposes.
This 23rd day of January, 1983.
J. C. Maddox Representative, 7th District
Georgia, Fulton 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 and Gordon County News which is the official organ of Gordon County, on the following date: January 25,1984.
/s/ J. C. Maddox Representative, 7th District
Sworn to and subscribed before me, this 26th day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 12,1984.
GEORGIA LAWS 1984 SESSION
3899
GORDON COUNTY BOARD OF EDUCATION -- COMPOSITION OF BOARD POSTS.
No. 675 (House Bill No. 1372).
AN ACT
To amend an Act creating a new board of education of Gordon County, approved March 13,1970 (Ga. L. 1970, p. 2657), as amended, so as to change the provisions relative to the composition of the board posts; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating a new board of education of Gordon County, approved March 13,1970 (Ga. L. 1970, p. 2657), as amended, is amended by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows:
"Section 1. There is created a new board of education of Gordon County, which shall consist of seven members who shall reside in voting precincts and be elected as hereinafter provided."
Section 2. Said Act is further amended by striking subsection (a) of Section 2 in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) For the purpose of electing members of the board, there shall be seven board posts which shall be numbered consecutively as board posts 1 through 7.
The candidate for Post No. 1 shall reside within Voting Precinct No. 1055 (Plainville) or Voting Precinct No. 1064 (Oostanaula) or Voting Precinct No. 1054 (Sugar Valley).
The candidate for Post No. 2 shall reside within Voting Precinct No. 1595 (Hill City) or Voting Precinct No. 980 (Resaca).
The candidate for Post No. 3 shall reside within Voting Precinct No. 973 (Red Bud) or Voting Precinct No. 1063 (Pine Chapel).
3900 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
The candidate for Post No. 4 shall reside within Voting Precinct No. 849 (Calhoun), exclusive of the City of Calhoun.
The candidate for Post No. 5 shall reside within Voting Precinct No. 856 (Lilly Pond) or Voting Precinct No. 1056 (Sonoraville).
The candidate for Post No. 6 shall reside within Voting Precinct No. 814 (Fairmount) or Voting Precinct No. 1057 (Ranger) or Voting Precinct No. 1235 (Oakman).
The candidate for Post No. 7 may reside in any of the above voting precincts.
Any person desiring to run for the board shall designate the post for which he is offering. All members of the board shall be elected by the voters of the county, exclusive of the voters residing in the area comprising the independent school system of the City of Calhoun, by receiving a majority of the votes cast for the board post for which he offered at the election hereinafter provided."
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 1984 Session of the General Assembly of Georgia a bill to amend an Act creating a new Board of Education of Gordon County, approved March 13, 1970 (Ga. L. 1970, p. 2657), as amended; and for other purposes.
This 23rd day of January, 1984.
J. C. Maddox Representative, 7th District
GEORGIA LAWS 1984 SESSION Georgia, Fulton County.
3901
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 and Gordon County News which is the official organ of Gordon County, on the following date: January 25,1984.
/s/ J. C. Maddox Representative, 7th District
Sworn to and subscribed before me, this 26th day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 12,1984.
WALTON COUNTY -- MAGISTRATE COURT -- JUDGE OF PROBATE COURT TO SERVE AS CHIEF MAGISTRATE. No. 676 (House Bill No. 1374).
AN ACT
To provide that the judge of the Probate Court of Walton County
3902 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
shall serve as chief magistrate of the Magistrate Court of Walton County; to provide that the current chief magistrate shall continue to serve until the expiration of his term of office; to provide for the term, filling of vacancies, and compensation of the chief magistrate; 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 local prerogatives authorized by Chapter 10 of Title 15 of the O.C.G.A.
Section 2. (a) The chief magistrate of the Magistrate Court of Walton County serving on the effective date of this Act shall continue to serve until the expiration of his term of office. On and after January 1, 1985, the judge of the Probate Court of Walton County shall serve as chief magistrate of the Magistrate Court of Walton County. There shall be no separate election for the office of chief magistrate. The term of the chief magistrate shall be concurrent with the term of the judge of the probate court. In the event of a vacancy, the person assuming the position of judge of the probate court shall additionally assume the position of chief magistrate.
(b) The probate judge, for his services as chief magistrate, shall be compensated in the amount of $200.00 per month by the governing authority of Walton County, payable in equal monthly installments out of the funds of the 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 1984 session of the General Assembly of Georgia a bill to provide for the selection, terms of office, filling of vacancies, and compensation of the chief magistrate of the Magistrate Court of Walton County; to provide legislative intent; and for other purposes.
GEORGIA LAWS 1984 SESSION This 16th day of January, 1984.
3903
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 19,1984.
/s/ Larry A. Nash Publisher
Sworn to and subscribed before me, this 19 day of January, 1984.
/s/ Jean F. Head Notary Public. My Commission Expires April 21, 1985. (Seal).
Approved March 12,1984.
3904 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
LAMAR COUNTY -- MODE OF COMPENSATING CLERK OF SUPERIOR COURT CHANGED, ETC.
No. 677 (House Bill No. 1377).
AN ACT
To abolish the present mode of compensating the clerk of the Superior Court of Lamar County; to provide in lieu thereof an annual salary for such 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 all required personnel by such officer; to provide for the compensation for such personnel; to repeal an Act providing for the compensation of the clerk of Superior Court of Lamar County, approved April 10, 1969 (Ga. L. 1969, p. 2617); to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. The present mode of compensating the clerk of the Superior Court of Lamar County is abolished and in lieu thereof an annual salary for such officer is prescribed as hereinafter provided.
Section 2. The clerk of the superior court shall receive an annual salary of $20,462.40, payable in equal monthly installments from the funds of Lamar County.
Section 3. After the effective date of this Act, said officer shall diligently and faithfully undertake to collect all fees, fines, forfeitures, commissions, costs, allowances, penalties, funds, moneys, and all other emoluments and perquisites formerly allowed 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
GEORGIA LAWS 1984 SESSION
3905
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 shall have the authority to appoint such deputies, clerks, assistants, and other personnel as he shall deem necessary to efficiently and effectively discharge the official duties of his office. The clerk shall, from time to time, recommend to the governing authority of said county the number of such personnel needed by his office, together with the suggested compensation to be paid each employee; however, it shall be within the sole discretion of the governing authority of Lamar County to fix the compensation to be received by each employee in said office. It shall be within the sole power and authority of the clerk to designate and name the person or persons who shall be employed as such deputies, clerks, assistants, or other employees, and to prescribe their duties and assignments and to remove or replace any of such employees at will and within his sole discretion.
Section 5. The necessary operating expenses of the clerk's office, expressly including the compensation of all personnel and employees, shall be paid from any funds of the county available for such purpose. All supplies, materials, furnishings, furniture, utilities, 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 for said office shall be at the sole discretion of the governing authority of Lamar County.
Section 6. An Act providing for the compensation of the clerk of Superior Court of Lamar County, approved April 19, 1969 (Ga. L. 1969, p. 2617), is repealed in its entirety.
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.
3906 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 1984 Session of the General Assembly of Georgia a bill to create an Act which would change the method of compensation of the Clerk of Superior Court of Lamar County from the present method of compensation by the Fee System to a Salary Position.
This the 20th day of January, 1984.
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 Barnesviile Herald Gazette which is the official organ of Lamar County, on the following date: January 25,1984.
/s/ Bill Jones Representative, 78th District
Sworn to and subscribed before me, this 30th day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 12,1984.
GEORGIA LAWS 1984 SESSION
3907
WEBSTER COUNTY -- COMPENSATION OF COMMISSIONER.
No. 678 (House Bill No. 1379).
AN ACT
To amend an Act creating the office of commissioner of Webster County, approved August 27,1931 (Ga. L. 1931, p. 597), as amended, particularly by an Act approved April 12,1982 (Ga. L. 1982, p. 3892), so as to change the compensation of the commissioner of Webster County; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the office of commissioner of Webster County, approved August 27,1931 (Ga. L. 1931, p. 597), as amended, particularly by an Act approved April 12,1982 (Ga. L. 1982, p. 3892), is amended by striking Section 9 in its entirety and substituting in lieu thereof a new Section 9 to read as follows:
"Section 9. The commissioner of Webster County shall be compensated in the amount of $12,028.00 per annum to be paid in equal monthly installments from the funds of Webster County. In addition to the compensation provided above, the commissioner shall receive $2,000.00 per annum for expenses incurred while on county business to be paid in equal monthly installments from the funds of Webster County."
Section 2. This Act shall become effective on January 1,1985.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
3908 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II Notice to Introduce Local Legislation.
Pursuant to recommendation, January 1984 term of Webster County Grand Jury, notice is hereby given that there will be introduced at the regular 1984 session of the General Assembly of Georgia, a bill to amend an act creating the Office of Commissioner of Webster County.
Approved August 27,1931 (Ga. Laws 1931, Page 597), as amended, so as to change compensation of said commissioner and to provide effective date and other purposes.
This 24th day of January 1984.
.
Effective Date: January 1,1985.
Gerald Greene Representative, 111th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Gerald E. Greene, who, on oath, deposes and says that he is Representative from the 130th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Stewart Webster Journal which is the official organ of Webster County, on the following date: January 26,1984.
/s/ Gerald E. Greene Representative, 130th District
GEORGIA LAWS 1984 SESSION
Sworn to and subscribed before me, this 30th day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 12,1984.
3909
WEBSTER COUNTY -- COMPENSATION OF TREASURER.
No. 679 (House Bill No. 1380).
AN ACT
To amend an Act creating the office of treasurer of Webster County, approved July 28, 1921 (Ga. L. 1921, p. 588), as amended, particularly by an Act approved August 11, 1979 (Ga. L. 1979, p. 4354), so as to change the compensation of said treasurer; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the office of treasurer of Webster County, approved July 28, 1921 (Ga. L. 1921, p. 588), as amended, particularly by an Act approved August 11, 1979 (Ga. L. 1979, p. 4354), is amended by striking Section 5 in its entirety and substituting in lieu thereof a new Section 5 to read as follows:
"Section 5. The county treasurer shall take a bond in a security or bond company, and the premiums on such bond shall be paid by the board of commissioners of Webster County. The county treasurer shall receive a salary of $3,000.00 per annum for his services, which
3910 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
shall be paid in equal monthly installments from the funds of Webster County upon a warrant drawn by the governing authority of the county. The governing authority of the county shall furnish the treasurer's office with well-bound books and all other things and fixtures that may be necessary in the proper conduct of said 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 to Introduce Local Legislation.
Pursuant to recommendation, January 1984 term of Webster County Grand Jury, notice is hereby given that there will be introduced at the regular 1984 session of the General Assembly of Georgia, a bill to amend an act creating the Office of Treasurer of Webster County.
Approved July 28,1921 (Ga. Laws 1921, Page 588), as amended, so as to change compensation of said treasurer.
This 24th day of January, 1984.
Gerald Greene Representative, 130th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Gerald E. Greene, who, on oath, deposes and says that he is Representative from the 130th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Stewart Webster Journal which is
GEORGIA LAWS 1984 SESSION
3911
the official organ of Webster County, on the following date: January 26,1984.
/s/ Gerald E. Greene Representative, 130th District
Sworn to and subscribed before me, this 30th day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 12,1984.
JEFFERSON COUNTY STATE COURT -- COMPENSATION OF JUDGE AND SOLICITOR --
TERMS OF COURT.
No. 680 (House Bill No. 1386).
AN ACT
To amend an Act creating the State Court of Jefferson County, formerly the City Court of Louisville, approved August 19, 1911 (Ga. L. 1911, p. 277), as amended, particularly by an Act approved March 4,1964 (Ga. L. 1964, p. 2399) and an Act approved April 11, 1979 (Ga. L. 1979, p. 3640), so as to change provisions relating to the compensation of the judge and solicitor of the court; to change provisions relating to the terms of court; to provide for related matters; to repeal conflicting laws; 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 the State Court of Jefferson County, formerly the City Court of Louisville, approved August 19, 1911 (Ga. L. 1911, p. 277), as amended, particularly by an Act approved March 4,1964 (Ga. L. 1964, p. 2399) and an Act approved April 11, 1979 (Ga. L. 1979, p. 3640), is amended by striking Section 2A, which reads as follows:
"Section 2A. The judge of said court shall be compensated in an amount not less than $5,000 nor more than $8,000 per annum to be paid in equal monthly installments, and the solicitor of said court shall be compensated in an amount not less than $4,000 nor more than $7,000 per annum to be paid in equal monthly installments. Said salaries shall be fixed by the governing authority of Jefferson County within the limitations provided above.",
and inserting in its place a new Section 2A to read as follows:
"Section 2A. The judge of said court shall be compensated in an amount not less than $8,000.00 and not more than $12,000.00 per annum to be paid in equal monthly installments, and the solicitor of said court shall be compensated in an amount not less than $7,000.00 and not more than $10,000.00 per annum to be paid in equal monthly installments. Said salaries shall be fixed by the governing authority of Jefferson County within the limitations provided above."
Section 2. Said Act is further amended by striking Section 11, which reads as follows:
"Section 11. Be it further enacted by the authority aforesaid, that the terms of said city court shall be monthly and quarterly for the trial and disposition of both civil and criminal business. The monthly terms shall be held on the third Monday in each month, and the quarterly terms on the third Mondays in January, April, July and October of each year, and said terms shall continue from day to day unless adjourned over to some other day in the discretion of the judge, until the business is disposed of. When the monthly and quarterly sessions fall upon the same day, the business of the monthly session shall be first disposed of and immediately upon the disposition of the business of the monthly session, the judge shall convene the court in quarterly session. Suits for not exceeding the principal sum of five hundred ($500.00) dollars and all proceedings and issues when not
GEORGIA LAWS 1984 SESSION
3913
over the principal sum of five hundred ($500.00) dollars in value is involved, shall be brought and returned to the monthly session of said court. All other suits, causes, actions and other proceedings shall be brought and returned to the quarterly term of said court. All suits, causes, actions and proceedings, when brought to any term of said court, shall be brought in the same manner as suits, causes, actions and proceedings are brought in the superior court.",
and inserting in its place a new Section 11 to read as follows:
"Section 11. The terms of said state court shall be monthly and shall be held on the third Monday in each month. Said terms shall continue from day to day unless adjourned over to some other day in the discretion of the judge, until the business is disposed of. All suits, causes, actions, and proceedings, when brought to any term of said court, shall be brought in the same manner as suits, causes, actions, and proceedings are brought in superior courts."
Section 3. Said Act is further amended by striking Section 12, which reads as follows:
"Section 12. Be it further enacted by the authority aforesaid, That the terms of said Court shall be held at the court house in the City of Louisville, Ga., and the Judge of said Court is hereby empowered to hold adjourned terms of the regular monthly and quarterly terms of said City Court for which he may draw new juries or require the attendance of the same jurors drawn for the regular term.",
and inserting in its place a new Section 12 to read as follows:
"Section 12. The terms of said court shall be held at the courthouse in the City of Louisville, and the judge of said court is authorized to hold adjourned terms of the regular monthly terms of said court for which he may draw new juries or require the attendance of the same jurors drawn for the regular term."
Section 4. All laws and parts of laws in conflict with this Act are repealed.
3914 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Notice.
Notice is given that there will be introduced at the regular 1984 session of the General Assembly of Georgia a bill to provide for the compensation of the Judge and Solicitor of the State Court of Jefferson County; to provide for the terms of said Court; to provide for related matters; and for other purposes.
This 17th day of January, 1984.
E. E. Bargeron State Representative
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Emory E. Bargeron, who, on oath, deposes and says that he 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 following date: January 26,1984.
/s/ Emory E. Bargeron Representative, 108th District
Sworn to and subscribed before me, this 28th day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 12,1984.
GEORGIA LAWS 1984 SESSION
3915
CITY OF LOUISVILLE -- DATE OF THE REGULAR MUNICIPAL ELECTION CHANGED.
No. 681 (House Bill No. 1387).
AN ACT
To amend an Act reincorporating the City of Louisville in Jefferson County, approved December 18,1900 (Ga. L. 1900, p. 305), as amended, particularly by an Act approved February 17,1950 (Ga. L. 1950, p. 2805), so as to change the date of the regular municipal election; 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 Louisville in Jefferson County, approved December 18,1900 (Ga. L. 1900, p. 305), as amended, particularly by an Act approved February 17,1950 (Ga. L. 1950, p. 2805), is amended by designating the existing text of Section 4 as subsection (a) and by adding thereafter a new subsection (b) to read as follows:
"(b) Beginning with the regular municipal election held in 1984, the date of all regular municipal elections shall be the first Saturday in October rather than the first Saturday in November.",
so that when so amended said Section 4 shall read as follows:
"Section 4. (a) Be it enacted by the authority aforesaid that an election shall be held at the city hall in the said City of Louisville on the first Saturday in November, 1950, for the election of a mayor and five (5) councilmen; the mayor and one councilman shall be elected for a term of one year, two (2) councilmen shall be elected for a term of two years, and two (2) councilmen shall be elected for a term of three years. On the first Saturday in November, 1951, the mayor and
3916 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
one councilman shall be elected for a term of three years. Thereafter each year on the first Saturday in November the vacancies in the office of the mayor and council as the terms expire shall be filled by an election for a three year term. In each instance the mayor and members of council shall serve until their successors are elected and qualified. The terms of office of the mayor and council so elected, beginning with the election to be held on the first Saturday in November, 1950, shall begin on the first Tuesday in January, following the dates of their election.
(b) Beginning with the regular municipal election held in 1984, the date of all regular municipal elections shall be the first Saturday in October rather than the first Saturday in November."
Section 2. 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 1984 Session of the General Assembly of Georgia a local bill to change the date of the municipal elections in the City of Louisville from the first Saturday in November to the first Saturday in October; and to repeal conflicting laws.
Emory E. Bargeron, Jr. State Representative
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Emory E. Bargeron, who, on oath, deposes and says that he 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 following date: January 26,1984.
GEORGIA LAWS 1984 SESSION
3917
/s/ Emory E. Bargeron Representative, 108th District
Sworn to and subscribed before me, this 28th day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 12,1984.
JEFFERSON COUNTY -- MAGISTRATE COURT -- APPOINTMENT OF MAGISTRATES.
No. 682 (House Bill No. 1389).
AN ACT
To make provisions for the Magistrate Court of Jefferson County; to provide for the appointment of a chief magistrate and two other magistrates; 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 number of magistrates authorized for the Magistrate Court of Jefferson County shall be three magistrates, consisting of a chief magistrate and two other magistrates.
Section 2. The chief magistrate who will take office January 1, 1985, and all future chief magistrates shall be appointed by majority vote of the superior court judges of the Middle Circuit.
3918 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 3. The two magistrates other than the chief magistrate shall be appointed by the chief magistrate with the consent, by majority vote, of the superior court judges of the Middle Circuit. The terms of such magistrates shall run concurrently with the term of the chief magistrate by whom they are appointed.
Section 4. Vacancies in the office of chief magistrate or magistrate shall be filled as provided by general law.
Section 5. All laws and parts of laws in conflict with this Act are repealed.
Notice.
Notice is hereby given that there will be introduced at the regular 1984 session of the General Assembly of Georgia a bill to provide for the appointment rather than the election of the Chief Magistrate of Jefferson County; to provide for related matters; and for other purposes.
This 19th day of January, 1984.
E. E. Bargeron State Representative
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Emory E. Bargeron, who, on oath, deposes and says that he 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 following date: January 26,1984.
GEORGIA LAWS 1984 SESSION
3919
/s/ Emory E. Bargeron Representative, 108th District
Sworn to and subscribed before me, this 28th day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 12,1984.
DOWNTOWN LaGRANGE DEVELOPMENT AUTHORITY -- LIMITS OF DOWNTOWN LaGRANGE DISTRICT.
No. 683 (House Bill No. 1396).
AN ACT
To amend an Act creating the Downtown LaGrange Development Authority, approved March 5, 1975 (Ga. L. 1975, p. 2623), as amended, by an Act approved February 12, 1980 (Ga. L. 1980, p. 3034), so as to change the limits of the Downtown LaGrange District; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the Downtown LaGrange Development Authority, approved March 5, 1975 (Ga. L. 1975, p. 2623), as amended, by an Act approved February 12, 1980 (Ga. L. 1980, p. 3034), is amended by striking Section 3 in its entirety and inserting in lieu thereof a new Section 3 to read as follows:
3920 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
"Section 3. There is created within the City of LaGrange the Downtown LaGrange District which shall be composed of all that territory embraced within the following description:
`All that tract or parcel of land lying and being in the City of LaGrange, Georgia, and being more particularly described as follows:
Beginning at the intersection of the center line of North Greenwood Street and Smith Street and running thence in an easterly direction along the center line of Smith Street to its intersection with the center line of Morgan Street; running thence in a southerly direction along the center line of Morgan Street to its intersection with a line formed by extending the southern margin of Greenville Street to its intersection with the center line of Morgan Street; running thence north 87 degrees 19 minutes east for a distance of 22 feet to a nail found; running thence north 87 degrees 19 minutes east for a distance of 76.80 feet to a chiseled square in concrete pillar; running thence north 89 degrees 29 minutes east for a distance of 55 feet to an iron pin found; running thence north 89 degrees 13 minutes east for a distance of 5.10 feet to an iron pin found; running thence north 74 degrees 47 minutes east for a distance of 77.27 feet to an iron pin found; running thence north 76 degrees 34 minutes east for a distance of 50 feet to a point; running thence south 15 degrees 12 minutes east for a distance of 104.38 feet to a point; running thence south 78 degrees 37 minutes west for a distance of 50.05 feet to an iron pin found; thence running south 78 degrees 54 minutes west for a distance of 26.19 feet to an iron pin found; thence running south 01 degree 52 minutes west for a distance of 91.84 feet to an iron pin found; thence running south 88 degrees 47 minutes west for a distance of 133.26 feet to an iron pin found; thence running south 88 degrees 37 minutes west for a distance of 76.93 feet to a nail found; running thence south 88 degrees 37 minutes west for a distance of 25 feet to the center line of Morgan Street; running thence in a southerly direction along the center line of Morgan Street to its intersection with the center line of West Depot Street; running thence in a westerly direction along the center line of West Depot Street to its intersection with the center line of South Lewis Street; running thence in a northerly direction along the center line of South Lewis Street to a point which is even with the southeast corner of the SJS Properties property, as shown in Plat Book 19 at page 103, Troup County, Georgia records; from said point turn left and run
GEORGIA LAWS 1984 SESSION
3921
28.18 feet to an iron pin set at the southeast corner of said SJS Properties property as shown on said plat; thence run south 89 degrees 42 minutes west a distance of 197.00 feet to an iron pin found; thence turn left and run south 00 degrees 12 minutes east a distance of 78 feet to a point; thence turn right and run parallel to the south side of Broome Street to a point on the west line of the Richard B. Ross property; thence turn right and run along the west line of the Richard B. Ross property to the center line of Broome Street; running thence in a westerly direction along the center line of Broome Street to its intersection with the center line of South Greenwood Street; running thence in a northerly direction along the center line of South Greenwood Street to a point which is even with the northwest corner of the property of Trinity Community Church as shown in Plat Book 19 at page 90, Troup County, Georgia records; from said point run east to the northwest corner of said Trinity Community Church property; thence run north 88 degrees 10 minutes 00 seconds east a distance of 110.00 feet to an iron pin set; thence turn left and run north 05 degrees 27 minutes west a distance of 12.95 feet to an iron pin found; thence turn right and run north 87 degrees 35 minutes 10 seconds east a distance of 46.35 feet to a point marked by an iron pin found; run thence north 87 degrees 51 minutes east a distance of 35.95 feet to a point marked by an iron pin found; thence run north 85 degrees 00 minutes east a distance of 25.47 feet to a point marked by an iron pin found; thence turn right and run south 00 degrees 30 minutes east a distance of 63.59 feet to a point marked by an iron pin found located on the north line of the property of Mallory Realty Company; thence turn left and run in an easterly direction along the north line of the property owned by Mallory Realty Company and Richard H. Mallory to the center line of South Lewis Street; thence run in a northerly direction along the center line of South Lewis Street to its intersection with the center line of Vernon Street; running thence in a westerly direction along the center line of Vernon Street to its intersection with the center line of Greenwood Street (North Greenwood Street); running thence in a northerly direction along the center line of North Greenwood Street to its intersection with the center line of Smith Street, which is the Point of Beginning.'
Section 2. All laws and parts of laws in conflict with this Act are repealed.
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 1984 session of the General Assembly of Georgia, a bill to amend the Act creating the Downtown LaGrange Development Authority, approved March 5, 1975, (Georgia Laws 1975, page 2623), as amended, so as to redefine the Downtown LaGrange District; and for other purposes.
This 12th day of January, 1984.
Nasor Mansour Chairman, Downtown LaGrange Development Authority East Depot Street LaGrange, Ga. 30240
Affidavit of Publisher of Newspaper.
Georgia, Troup County.
Before me personally appeared Glen 0. Long who being duly sworn, deposes and says that he is the Publisher of The LaGrange Daily News, and that the same is a public gazette published in the City of LaGrange, in Troup County, Georgia. It is the newspaper in which is published the Sheriffs sales of said County of Troup in said State.
Deponent further saith that the following notice attached hereto has been published in said LaGrange Daily News, to-wit: 1-14-1984, being one publication of said notice and petition, issued on date aforesaid respectively.
/s/ Glen 0. Long Publisher
GEORGIA LAWS 1984 SESSION
Sworn and subscribed before me, this 20th day of January, 1984.
/s/ Thelma A. Ledford Notary Public, Troup County. (Seal).
Approved March 12,1984.
3923
CITY OF GORDON -- HOMESTEAD EXEMPTIONS -- REFERENDUM.
No. 684 (House Bill No. 1401).
AN ACT
To provide that residents of the City of Gordon who are 60 years of age or over shall be granted a homestead exemption from ad valorem taxation by said city; to provide for the submission of this amendment to the voters of the City of Gordon for approval or rejection; to provide for related matters; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Each resident of the City of Gordon who is 60 years of age or older prior to the first day of the tax year is granted an exemption for the tax year in the amount of $2,000.00 for the tax year beginning January 1,1985, and in the amount of $4,000.00 for all tax years beginning on or after January 1,1986, on his or her homestead from all ad valorem taxation by the City of Gordon so long as any such resident of the City of Gordon actually occupies said homestead as his residence. There shall be no more than one such exemption per homestead. The value of the homestead in excess of the above exempted amount shall remain subject to ad valorem taxation by the City of Gordon. No resident shall be qualified to receive the benefits
3924 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
of such homestead exemption unless he or she files an affidavit with the governing authority of the City of Gordon, or with a person designated by the governing authority of the City of Gordon, giving his or her age and any additional information as may be required to enable the governing authority of the City of Gordon, or the person designated by the governing authority of the City of Gordon, to make a determination as to whether such owner is entitled to such exemption. The governing authority of the City of Gordon, or the person designated by the said governing authority, shall provide affidavit forms for this purpose. After any such owner has filed the proper affidavit, as provided above, and has been allowed the exemption provided for herein, it shall not be necessary that the owner make application and file the said affidavit thereafter for any year and the said exemption shall continue to be allowed to such owner. It shall be the duty of any such owner, however, to notify the governing authority of the City of Gordon, or the person designated by the governing authority of the City of Gordon, in the event he or she becomes ineligible for the exemption provided in this paragraph. The governing authority of the City of Gordon, or the person designated by said governing authority, shall provide for the proper administration of this exemption.
Section 2. Not less than 30 nor more than 60 days before the date of the August, 1984 primary, 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 City of Gordon for approval or rejection. The superintendent shall set the date of such election for the date of the August, 1984 primary. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Wilkinson County. The ballot shall have written or printed thereon the words:
"( ) YES ( ) NO
Shall the Act providing that residents of the City of Gordon who are 60 years of age or older shall be granted a homestead exemption from ad valorem taxation by the City of Gordon be approved?"
GEORGIA LAWS 1984 SESSION
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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 become of full force and effect; otherwise it shall be void and of no force and effect.
The reasonable and necessary expenses of such election shall be borne by the City of Gordon and paid by the City of Gordon to the election superintendent of Wilkinson County upon the election superintendent's certification to the city of the amount of such expenses. It shall be the duty of the election superintendent of Wilkinson County to hold and conduct such election. It shall be the further duty of the election superintendent 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 hereby given that there will be introduced at the regular 1984 session of the General Assembly of Georgia a bill to provide that residents of the City of Gordon who are 60 years of age or over shall be granted a homestead exemption from ad valorem taxation by said city; to provide for the submission of this amendment to the voters of the City of Gordon for approval or rejection; to provide for related matters; and for other purposes.
This 21st day of January, 1984.
Kenneth W. Birdsong
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,
3926 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Wilkinson County News which is the official organ of Wilkinson County, on the following date: January 26, 1984.
/s/ Kenneth W. Birdsong Representative, 104th District
Sworn to and subscribed before me, this 30th day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 12,1984.
JONES COUNTY -- HOMESTEAD EXEMPTIONS -- REFERENDUM.
No. 685 (House Bill No. 1402). AN ACT
To increase the amount of the exemption from county ad valorem taxes for county purposes which applies to the homestead of each resident of Jones County who is age 65 or older and who meets certain income qualifications; to provide for all related matters; to provide for the approval or disapproval of this Act by the voters of Jones County; to repeal conflicting laws; and for other purposes.
GEORGIA LAWS 1984 SESSION
3927
Be it enacted by the General Assembly of Georgia:
Section 1. Each resident of Jones County who is 65 years of age or over is granted an exemption from Jones County ad valorem taxation for county purposes in the amount specified by this section on a homestead owned and occupied by the resident as a residence if the resident's net income, together with the net income of the resident's spouse who also occupies and resides at such homestead, as net income is defined by Georgia law, from all sources except as hereinafter provided, does not exceed $8,000.00 for the immediately preceding taxable year for income tax purposes. For the purposes of this section, net income shall not include income received as retirement, survivor, or disability benefits under the federal Social Security Act or under any other public or private retirement, disability, or pension system, except such income which is in excess of the maximum amount authorized to be paid to an individual under the federal Social Security Act; and income from such sources in excess of such maximum amount shall be included as net income for the purposes of this section. The amount of the exemption granted by this section shall be as follows:
(1) The exemption granted by this section shall be $6,000.00 of the assessed value of the homestead for the tax year beginning January 1,1985;
(2) The exemption granted by this section shall be $7,000.00 of the assessed value of the homestead for the tax year beginning January 1,1986; and
(3) The exemption granted by this section shall be $8,000.00 of the assessed value of the homestead for the tax year beginning January 1,1987, and for all tax years thereafter.
Section 2. The exemption granted by Section 1 of this Act shall be in lieu of and not in addition to the $4,000.00 exemption from county ad valorem taxation granted by the general provisions of the Constitution and laws of this state to persons who meet the age and income qualifications set out in Section 1 of this Act. If the amount of said exemption granted by the general provisions of the Constitution and laws of this state is increased above the amount of the exemption granted by Section 1 of this Act, then such increased exemption shall apply rather than the exemption granted by Section 1 of this Act.
3928 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 3. The exemption granted by Section 1 of this Act shall not apply to or affect any taxes levied to retire bonded indebtedness, county taxes for school purposes, state taxes, or municipal taxes.
Section 4. Any person who as of January 1, 1985, has applied for and is eligible for the $4,000.00 exemption from county ad valorem taxation granted by the general provisions of the Constitution and laws of this state to persons who meet age and income requirements corresponding to those set out in Section 1 of this Act shall be eligible for the exemption granted by Section 1 of this Act without applying therefor. Thereafter, application for the exemption granted by Section 1 of this Act shall be made in the same manner as the application for said exemption granted by the general provisions of the Constitution and laws of this state. It shall be the duty of any such person to notify the tax commissioner or tax receiver in the event such person becomes ineligible for the exemption granted by Section 1 of this Act.
Section 5. The value of any residence in excess of the amount exempted by Section 1 of this Act shall remain subject to taxation.
Section 6. Not less than 30 nor more than 60 days prior to the date of the August, 1984, primary election, it shall be the duty of the election superintendent of Jones County to issue the call for an election for the purpose of submitting this Act to the electors of Jones County for approval or rejection. The superintendent shall set the date of such election for the date of the August, 1984, primary election. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Jones County. The ballot shall have written or printed thereon the words:
"( ) YES ( ) NO
Shall the Act increasing the amount of the homestead exemption from county taxes granted to residents of Jones County who are age 65 or older and who meet certain income qualifications be approved?"
All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall
GEORGIA LAWS 1984 SESSION
3929
vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Sections 1 through 6 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 Jones County. It shall be the duty of the superintendent to hold and conduct such election. It shall be the election superintendent's 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 1984 session of the General Assembly of Georgia a bill to increase the amount of the exemption from county ad valorem taxes for county purposes which applies to each resident of Jones County who is age 65 or older and who meets certain income qualifications; to provide for related matters; and for other purposes.
This 17th day of January, 1984.
Georgia, Fulton County.
Kenneth W. Birdsong Representative, 104th District
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 date: January 26, 1984.
3930 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
/s/ Kenneth W. Birdsong Representative, 104th District
Sworn to and subscribed before me, this 30th day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 12,1984.
CITY OF GRAY -- ELECTION OF ALDERMEN. No. 686 (House Bill No. 1405). AN ACT
To amend an Act incorporating the City of Gray, approved August 22, 1911 (Ga. L. 1911, p. 1267), as amended, particularly by an Act approved March 17,1960 (Ga. L. 1960, p. 2884) and an Act approved February 16,1966 (Ga. L. 1966, p. 2032), so as to change the method of election of the aldermen of the City of Gray; to provide that four of such aldermen shall be elected from single-member districts; to provide that one alderman, who shall serve as mayor pro tem, shall be elected from the city at large; to provide for filling vacancies in the offices of mayor and aldermen; to provide for submission of this Act under the federal Voting Rights Act of 1965; to provide for all related matters; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
GEORGIA LAWS 1984 SESSION
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Section 1. An Act incorporating the City of Gray, approved August 22,1911 (Ga. L. 1911, p. 1267), as amended, particularly by an Act approved March 17, 1960 (Ga. L. 1960, p. 2884) and an Act approved February 16, 1966 (Ga. L. 1966, p. 2032), is amended by striking Section 4, relating to the election of mayor and aldermen, and inserting in its place a new section to read as follows:
"Section 4. (a) An election for the purpose of choosing candidates to succeed the present incumbents in the offices of mayor and aldermen shall be held on the first Wednesday in November, 1985, and every four years thereafter under such rules and regulations as may be adopted by the mayor and council which are not inconsistent with the provisions of this charter and the laws of Georgia. The candidates for said offices so elected shall take office on the first day of January following their election and shall serve for four years and until their successors are duly elected and qualified.
(b) There shall be four aldermen elected as the aldermen from Post No. 1, Post No. 2, Post No. 3, and Post No. 4. Each of such aldermen must be a resident of the district described in subsection (d) of this section which has the same number as the post for which he or she seeks election. Each of such aldermen shall be elected by only the voters of the district which he or she represents.
(c) There shall be one alderman who may reside anywhere within the City of Gray and who shall be elected by all the voters of the City of Gray; and this alderman shall during his or her term as alderman serve as mayor pro tern. The mayor likewise may reside anywhere within the City of Gray and shall be elected by all the voters of the City of Gray.
(d) For purposes of electing the aldermen from Posts No. 1 through No. 4, the City of Gray is divided into four districts. Each of such districts shall consist of a portion of the City of Gray bounded as follows:
DISTRICT ONE: Commencing at a point on the centerline of West Clinton Street where said centerline intersects the city limits of the City of Gray and from said point proceeding in a Northeasterly direction along West Clinton Street to a point where the centerline of West Clinton Street intersects the centerline of Clinton Street; from said point proceeding in a Northeasterly direction along the centerline of Clinton Street to a point
3932 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
where the centerline of Clinton Street intersects the centerline of Highview Street; from said point proceeding in a Northwesterly, then Northerly direction along the centerline of Highview Street to a point on the centerline of Highview Street which is approximately 250 feet beyond the centerline of Dolly Street where the centerline of Highview Street intersects the centerline of an unnamed Street; from said point make a 90 degree turn to the right or east and proceed in an Easterly direction along the centerline of said unnamed Street until said Street terminates; at said point make a right angle turn to the right or South and proceed in a Southerly direction along the centerline of Lincoln Street to a point where the centerline of Lincoln Street intersects the centerline of Dolly Street; from said point continue along the centerline of Dolly Street until said centerline intersects the centerline of Cleveland Street; from said point make a left turn to the North and continue along the centerline of Cleveland Street until it intersects with the centerline of Jackson Street; from said point make a right angle turn to right or East and proceed along the centerline of Jackson Street until it intersects the centerline of Jefferson Street; from said point make a right angle turn to the left along the centerline of Jefferson Street and continue in a Northerly direction along the centerline of Jefferson Street until it intersects the centerline of Jefferson Lane; at said point make a right angle turn to the right and proceed along the centerline of Jefferson Lane until said centerline intersects the centerline of the Atlanta Road, also known as Georgia Highway 11; from said point continue in a left turn in a Northerly direction along the Atlanta Road until the centerline of said Atlanta Road intersects with the centerline of Green Boulevard; from said point proceed in an Easterly-Northeasterly direction across the Central of Georgia Railroad in a direct line from the intersection of Green Boulevard with the Atlanta Road to the intersection of the centerline of U. S. Highway 129 and Pine Street; from said point continue along the centerline of U. S. Highway 129 in a Northerly direction until the centerline of Eatonton Highway (U. S. Highway 129) intersects the city limits of the City of Gray; from said point proceed to the left along the city limits of Gray until said city limits intersects the centerline of West Clinton Street and the Point of Beginning. Said District One comprises all of said property within the boundaries stated above.
DISTRICT TWO: Commencing at a point on the centerline of Clinton Street where said centerline intersects the city limits of
GEORGIA LAWS 1984 SESSION
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Gray, Georgia, on the Northeastern part of Gray at a point between Peachtree Street and Vine Street and from said beginning point proceed in a Southwesterly direction along the centerline of Clinton Street (also known as Georgia Highway #22) until said centerline intersects the centerline of Highview Street; from said point proceeding in a Northwesterly, then Northerly direction along the centerline of Highview Street to a point on the centerline of Highview Street which is approximately 250 feet beyond the centerline of Dolly Street where the centerline of Highview Street intersects the centerline of an unnamed street; from said point make a 90 degree turn to the right or east and proceed in an Easterly direction along the centerline of said unnamed Street until said Street terminates; at said point make a right angle turn to the right or South and proceed in a Southerly direction along the centerline of Lincoln Street to a point where the centerline of Lincoln Street intersects the centerline of Dolly Street; from said point continue along the centerline of Dolly Street until said centerline intersects the centerline of Cleveland Street; from said point make a left turn to the North and continue along the centerline of Cleveland Street until it intersects with the centerline of Jackson Street; from said point make a right angle turn to the right or East and proceed along the centerline of Jackson Street until it intersects the centerline of Jefferson Street; from said point make a right angle turn to the left along the centerline of Jefferson Street and continue in a Northerly direction along the centerline of Jefferson Street until it intersects the centerline of Jefferson Lane; at said point make a right angle turn to the right and proceed along the centerline of Jefferson Lane until said centerline intersects the centerline of the Atlanta Road, also known as Georgia Highway 11; from said point continue in a left turn in a Northerly direction along the Atlanta Road until the centerline of said Atlanta Road intersects with the centerline of Green Boulevard; from said point proceed in an Easterly-Northeasterly direction across the Central of Georgia Railroad in a direct line from the intersection of Green Boulevard with the Atlanta Road to the intersection of the centerline of U. S. Highway 129 and Pine Street; from said point make a right turn and proceed in a Southeasterly direction along the City Limits of Gray until said City Limits intersects with the centerline of Clinton Street and the point of beginning. District Two is comprised of all the property within the boundaries stated above.
3934 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
DISTRICT THREE: Commencing at a point on the centerline of West Clinton Street where said point intersects with the City Limits of the City of Gray from said beginning point continue in a Northeasterly direction along West Clinton Street until centerline of said West Clinton Street intersects with the centerline of Clinton Street; thence continuing along the centerline of Clinton Street until said centerline intersects with the centerline of Childs Street; thence making a right turn and proceeding along the centerline of Childs Street in a Southeasterly direction until the centerline of Childs Street intersects with the centerline of Cedarline Drive; thence making a right turn on the centerline of Cedarline Drive and proceeding in a Southerly and Southwesterly direction on the centerline of Cedarline Drive until the centerline of Cedarline Drive intersects with the centerline of Highway 18; thence making a left turn and proceeding in a Southwesterly direction along the centerline of Georgia Highway 18 until said centerline intersects with the City Limits of Gray; thence making a right turn and proceeding in a Southwesterly direction along the City Limits of Gray to the point where the City Limits intersects the centerline of West Clinton Street. District Three is comprised of all the property contained within the boundaries specified above.
DISTRICT FOUR: Commencing at a point on the centerline of Clinton Street where the centerline of said Clinton Street intersects the city limits of the City of Gray on the Northeastern part of the city limits of Gray at a point located between Peachtree Street and Vine Street on centerline of said Clinton Street and from said beginning point proceed in a Southwesterly direction along the centerline of Clinton Street until said centerline intersects with the centerline of Childs Street; thence turning left onto the centerline of Childs Street and proceeding in a Southeasterly direction along the centerline of Childs Street until said centerline intersects with the centerline of Cedarline Drive; thence making a right turn onto the centerline of Cedarline Drive and proceeding in a Southerly and Southwesterly direction along the centerline of Cedarline Drive until the centerline of Cedarline Drive intersects with the centerline of Georgia Highway 18; thence making a left turn onto the centerline of Georgia Highway 18 and proceeding in a Southeasterly direction along the centerline of Georgia Highway 18 until said centerline intersects with the City Limits of Gray; thence making a left turn and proceeding in a Northeasterly direction along the city limits of Gray until the City Limits of Gray
GEORGIA LAWS 1984 SESSION
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intersects with the centerline of Clinton Street and the point of beginning. District Four comprises all the property within the said boundaries stated above."
Section 2. Said Act is further amended by striking Section 4A, relating to vacancies in the offices of mayor and aldermen, and inserting in its place a new section to read as follows:
"Section 4A. If a vacancy occurs in the office of mayor or alderman, the remaining members of the governing authority shall within 15 days after the date of the vacancy issue the call for a special election to fill such vacancy. Any such special election for mayor or mayor pro tern shall be city wide; and any such special election for one of the other aldermen shall be within the district in which the vacancy exists. Any mayor or alderman elected to fill a vacancy must meet the same residency qualifications as the person he or she succeeds. Any mayor or alderman so elected shall take office immediately following his or her election and shall serve for the remainder of the unexpired term."
Section 3. Said Act is further amended by striking Section 14, relating to the mayor pro tem, and inserting in its place a new Section 14 to read as follows:
"Section 14. In the case of the absence, sickness, or disqualification of the mayor, the mayor pro tem shall exercise all the powers with which the mayor is invested and perform all the duties required of the mayor."
Section 4. It shall be the duty of the city attorney for the City of Gray to submit this Act to the United States Attorney General for review under the federal Voting Rights Act of 1965; and it shall be the duty of the mayor and aldermen of the City of Gray to direct and ensure that such submission is made by the city attorney or some other attorney if the city attorney fails to act. It shall be the duty of the mayor and aldermen and the city attorney of the City of Gray to ensure that such submission has been completed not later than 30 days after the Governor approves this Act or it becomes law without his approval and to ensure that such submission contains all materials necessary or appropriate to a prompt and favorable ruling on this Act by the Attorney General.
3936 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 1984 session of the General Assembly of Georgia a bill to amend an Act incorporating the City of Gray, approved August 22,1911 (Ga. L. 1911, p. 1267), as amended, particularly by an Act approved March 17,1960 (Ga. L. 1960, p. 2884) and an Act approved February 16,1966 (Ga. L. 1966, p. 2032); to provide for related matters; and for other purposes.
This 9th day of January, 1984.
Kenneth Birdsong
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 date: January 12, 1984.
/s/ Kenneth W. Birdsong Representative, 104th District
GEORGIA LAWS 1984 SESSION
Sworn to and subscribed before me, this 16th day of January, 1984.
/s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 28, 1984. (Seal).
Approved March 12,1984.
3937
CITY OF LEXINGTON -- TIME FOR HOLDING MUNICIPAL ELECTIONS.
No. 687 (House Bill No. 1407).
AN ACT
To amend an Act creating a new charter for the City of Lexington, approved April 17,1973 (Ga. L. 1973, p. 2779), as amended, so as to change the time for holding the municipal elections of said city; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating a new charter for the City of Lexington, approved April 17, 1973 (Ga. L. 1973, p. 2779), as amended, is amended by striking subsection (b) of Section 2.03 thereof, which reads as follows:
"(b) Beginning in 1973 and continuing thereafter, an election shall be held once every two years in said city at such place or places as may be designated by the mayor and council, on the last Saturday in December.",
3938 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
and inserting in its place a new subsection to read as follows:
"(b) Beginning in 1973 and continuing thereafter, an election shall be held once every two years in said city at such place or places as may be designated by the mayor and council, on the last Saturday in December, but beginning in 1985 and biennially thereafter the time for holding the election shall be the first Tuesday in December."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that the City of Lexington, acting through the Mayor and Council, intends to introduce at the regular 1984 session of the General Assembly the charter for the City of Lexington to provide that the regular election for Mayor and City Council shall be held on the first Tuesday in December of each odd-numbered year.
This 18th day of January, 1984.
William G. Murray Mayor, City of Lexington
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles W. Yeargin, who, on oath, deposes and says that he is Representative from the 14th 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 date: January 19,1984.
GEORGIA LAWS 1984 SESSION
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/s/ Charles W. Yeargin Representative, 14th District
Sworn to and subscribed before me, this 27th day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 12,1984.
COOK COUNTY -- BOARD OF COMMISSIONERS -- COMPOSITION OF ELECTION DISTRICTS.
No. 688 (House Bill No. 1248).
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 March 16,1973 (Ga. L. 1973, p. 2300), so as to change the composition of districts from which members 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 for Cook County, approved August 12,1919 (Ga. L. 1919, p. 627), as amended, particularly by an Act approved March 16,1973 (Ga. L. 1973, p. 2300), is amended by striking in its entirety subsection (b) of Section 2, which reads as follows:
3940 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
"(b) For the purpose of electing members of the Board of Commissioners of Cook County, Cook County is hereby divided into five Commissioner Districts as follows:
Commissioner District No. One shall be composed of all that territory contained within the Sparks and River Bend Militia Districts.
Commissioner District No. Two shall be composed of all that territory contained within the Cecil and Greggs Militia Districts.
Commissioner District No. Three shall be composed of all that territory contained within the Adel Militia District.
Commissioner District No. Four shall be composed of all that territory contained within the Lenox and Massee Militia Districts.
Commissioner District No. Five shall be composed of all that territory contained within the boundaries of Cook County.",
and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) For the purpose of electing members of the board of commissioners of Cook County, Cook County is divided into five commissioner districts as follows:
Commissioner District No. One shall be composed of all that territory contained within the Sparks and River Bend voting precincts.
Commissioner District No. Two shall be composed of all that territory contained within the Cecil and Greggs voting precincts.
Commissioner District No. Three shall be composed of all that territory contained within the Adel voting precincts.
Commissioner District No. Four shall be composed of all that territory contained within the Lenox and Massee voting precincts.
Commissioner District No. Five shall be composed of all that territory contained within the boundaries of Cook County."
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Section 2. All laws and parts of laws in conflict with this Act are repealed.
Notice to Introduce Local Legislation.
Whereas, Georgia Election Code 21-2-261.1(a) (b) provides that all precincts established or altered on or after July 1, 1983 must be bound on all sides only by readily distinguishable geographic features, and that no later than January 1, 1984, all boundaries of all precincts shall be moved in order to conform same to the above stated requirements, and
Whereas, the existing voting precincts in Cook County are no longer adequate to meet the requirements of the aforementioned Code, and
Whereas, it being the responsibility of the Election Superintendent to insure conformity of the aforementioned requirements and to promote the convenience of electors and public interest,
Whereas, the Election Superintendent has changed the precinct lines to conform to the law,
Whereas, it has been determined that it would be in the best interest of the electors that the County Commissioners District lines coincide with the Election District Precinct lines.
Notice is hereby given, that there will be introduced at the regular 1984 session of the General Assembly of Georgia a bill providing that the County Commissioners District lines will coincide with the Election District Precinct lines and be one and the same.
This 5th day of December, 1983.
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
3942 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 Legislation was published in the Adel News which is the official organ of Cook County, on the following date: December 14,1983.
/s/ Hanson Carter Representative, 146th District
Sworn to and subscribed before me, this 20th day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 12,1984.
BLECKLEY COUNTY -- COMPENSATION OF SHERIFF. No. 689 (House Bill No. 1256). AN ACT
To amend an Act placing the sheriff of Bleckley County upon an annual salary, approved March 24, 1965 (Ga. L. 1965, p. 2568), as amended, so as to change the provisions relative to the compensation of the sheriff; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
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Section 1. An Act placing the sheriff of Bleckley County upon an annual salary, approved March 24, 1965 (Ga. L. 1965, p. 2568), as amended, is amended by striking subsection (a) of Section 2 in its entirety and substituting in lieu thereof a new subsection (a) to read as follows:
"(a) The sheriff of Bleckley County shall receive the salary provided for by Code Section 15-16-20 of the O.C.G.A. for the sheriffs of counties with populations which include the population of Bleckley 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 1984 session of the General Assembly of Georgia a bill to amend an Act placing the Sheriff of Bleckley County on an annual salary, approved March 24, 1965 (Ga. L. 1965, p. 2568), as amended, and for other purposes.
This 10th day of January, 1984.
Newt Hudson Representative
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Newt Hudson, who, on oath, deposes and says that he is Representative from the 117th District, and that the attached copy of Notice of Intention to Introduce Local Legisla-
3944 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
tion was published in the Cochran Journal which is the official organ of Bleckley County, on the following date: January 19, 1984.
/s/ Newt Hudson Representative, 117th District
Sworn to and subscribed before me, this 23rd day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 12,1984.
BLECKLEY COUNTY -- COMPENSATION OF TAX COMMISSIONER.
No. 690 (House Bill No. 1257). AN ACT
To amend an Act creating the office of tax commissioner of Bleckley County, approved April 23, 1969 (Ga. L. 1969, p. 3304), as amended, particularly by an Act approved April 6,1981 (Ga. L. 1981, p. 4262), so as to change the provisions relative to the compensation of the tax commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
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Section 1. An Act creating the office of tax commissioner of Bleckley County, approved April 23, 1969 (Ga. L. 1969, p. 3304), as amended, particularly by an Act approved April 6,1981 (Ga. L. 1981, p. 4262), is amended by striking paragraph (1) of subsection (a) of Section 3 in its entirety and substituting in lieu thereof a new paragraph (1) to read as follows:
"(1) The tax commissioner of Bleckley County shall receive an annual salary of $15,050.00 payable in equal monthly installments from the funds of Bleckley 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 1984 session of the General Assembly of Georgia a bill to amend an Act creating the office of Tax Commissioner of Bleckley County, approved April 13,1969 (Ga. L. 1969, p. 3304), as amended, and for other purposes.
This 10th day of January, 1984.
Newt Hudson Representative
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Newt Hudson, who, on oath, deposes and says that he is Representative from the 117th District, and that the attached copy of Notice of Intention to Introduce Local Legisla-
3946 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
tion was published in the Cochran Journal which is the official organ of Bleckley County, on the following date: January 19,1984.
/s/ Newt Hudson Representative, 117th District
Sworn to and subscribed before me, this 23rd day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 12,1984.
CLARKE COUNTY -- BOARD OF ELECTIONS AND REGISTRATION CREATED. No. 691 (House Bill No. 1272). AN ACT
To create a board of elections and registration in Clarke County; to empower said board with the powers and duties of the election superintendent relating to the conduct of elections; to empower said board with the powers and duties of the board of registrars relating to the registration of voters and absentee balloting procedures; to provide for the qualifications and terms of the members of said board; to provide a method for the appointment, resignation, and removal of its members; to provide for a chairman, clerical assistants, and other employees; to provide for compensation for the members and employ-
GEORGIA LAWS 1984 SESSION
3947
ees of said board; 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. Pursuant to authorization contained in subsection (b) of Code Section 21-2-40 of the Official Code of Georgia Annotated, there is created a Clarke County Board of Elections and Registration and said board is empowered with the powers and duties of the election superintendent relating to the conduct of elections and with the powers and duties of the board of registrars relating to the registration of voters and absentee balloting procedures.
Section 2. (a) The Clarke County Board of Elections and Registration shall be comprised of five members.
(b) The persons serving on the effective date of this Act as members of the board of elections in Clarke County pursuant to the provisions of an Act providing for a board of elections in certain counties, approved March 14,1973 (Ga. L. 1973, p. 2086), as amended by an Act approved March 31, 1976 (Ga. L. 1976, p. 3635), an Act approved March 30,1977 (Ga. L. 1977, p. 4316), and an Act approved April 14,1982 (Ga. L. 1982, p. 5040), shall continue to serve out their terms of office and until their respective successors are appointed and qualified.
(c) Upon the expiration of the terms of the two members who were appointed by the chairmen of the county executive committees of the political parties pursuant to the aforesaid Acts, their successors shall be appointed for terms of four years each with one member being appointed by the chairman of the county executive committee of the political party whose candidates received the largest number of votes in this state for members of the General Assembly at the last preceding general election and with one member being appointed by the chairman of the county executive committee of the political party whose candidates received the next largest number of votes in this state for members of the General Assembly at the last preceding general election. Such appointments by the chairmen shall be ratified by a majority of the members of the respective county executive committees of those political parties voting at a meeting duly called and held for that purpose; however, in the event that the members of such executive committees shall fail to elect any such board of elections member within 30 days of the expiration of the term of the
3948 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
predecessor in office, such members shall be appointed by the county governing authority.
(d) Upon the expiration of the terms of office of the three members who were appointed by the county governing authority pursuant to the aforesaid acts, their successors shall be appointed for terms of four years each by the county governing authority.
(e) Upon the appointment of a member, the chairman of the county executive committee of the political party or the governing authority, as the case may be, shall file an affidavit with the clerk of Superior Court of Clarke County, no later than 30 days preceding the date at which such member is to take office, stating the name and residential address of the person appointed certifying that such member has been duly appointed as provided in this Act. The clerk of the superior court shall record each of such certifications on the minutes of the court and shall certify the name of each such member to the Georgia Secretary of State and shall provide for the issuance of appropriate commissions to the members within the same time and in the same manner as provided by law for registrars.
(f) The person serving on the effective date of this Act as chairman of the board of elections in Clarke County, pursuant to the provisions of the aforesaid Acts, shall continue to serve in that capacity until the expiration of his or her term and the appointment of his or her successor. Upon the expiration of that term, one member of the Clarke County board of elections shall be elected by the members of that board to serve as chairman for a one-year term with the chairmen being able to succeed themselves.
Section 3. (a) Any elector and resident of Clarke County shall be eligible for membership on the board of elections except that no person who holds elective public office shall be eligible during the term of such elective office and the position of any member shall be deemed vacant upon such member's qualifying as a candidate for elective public office.
(b) Each member of the board of elections shall take substantially the same oath as required by law for registrars before entering upon his or her duties. Each member shall have the same privileges from arrest provided by law for registrars.
GEORGIA LAWS 1984 SESSION
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Section 4. (a) In the event a vacancy occurs in the office of any appointed member before the expiration of his or her term, whether by removal, death, resignation, or otherwise, the respective appointing authority shall, within 90 days following such vacancy, appoint a successor to serve the remainder of the unexpired term. The clerk of Superior Court of Clarke County shall be notified of interim appointments or elections and record and certify such appointments or elections in the same manner as the regular appointment or election of members.
(b) In the event the chairman of either of the county executive committees of the political parties shall fail to make a regular appointment within the time specified in Section 2 of this Act or to make an interim appointment within the time specified in subsection (a) of this section, the county governing authority shall make such appointment. Any member wishing to resign shall give written notice thereof to the respective appointing authority and shall file a copy thereof with the clerk of Superior Court of Clarke County.
(c) All members shall be subject to removal from the board at any time for cause after notice and hearing, in the same manner and by the same authority as provided for removal of registrars.
Section 5. (a) The Clarke County board of elections shall be empowered with all the powers and duties relating to the conduct of elections as election superintendents pursuant to the provisions of Title 21 of the Official Code of Georgia Annotated.
(b) The Clarke County board of elections is empowered with all the powers and duties relating to the registration of voters and absentee balloting procedures as boards of registrars pursuant to the provisions of Title 21 of the Official Code of Georgia Annotated.
(c) This Act is intended to implement the provisions of subsection (b) of Code Section 21-2-40 of the Official Code of Georgia Annotated, and shall be construed liberally so as to effectuate that purpose.
Section 6. Compensation for members of the board of elections and its employees and clerical assistants shall be fixed by the county governing authority and shall be paid from county funds. The governing authority of Clarke County shall provide the board with such proper and suitable offices and with such clerical assistants and other employees as the governing authority shall deem appropriate.
3950 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 7. The chairman of the board of elections shall be the chief executive officer and shall generally supervise, direct, and control the administration of the affairs of the board of elections pursuant to law and duly adopted resolutions of the board of elections. The board of elections shall fix and establish, by appropriate resolution entered on its minutes, directives governing the execution of matters within its jurisdiction.
Section 8. The Clarke County board of elections shall have the authority to contract with any municipal corporation located within the county for the holding by the board of any primary or election to be conducted within the municipal corporation.
Section 9. This Act is intended to continue in existence as nearly as possible the board of elections in Clarke County existing on the effective date of this Act pursuant to the provisions of the aforesaid Acts and the provisions of this Act shall be construed accordingly.
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 local legislation will be introduced at the regular 1984 Session of the General Assembly of Georgia to create a board of elections and registration in Clarke County, pursuant to the Georgia Election Code, to provide for matters pertaining thereto, and for other purposes.
This 13th day of January, 1984.
Paul C. Broun Senator, District 46
Hugh Logan Representative, District 67
GEORGIA LAWS 1984 SESSION
Bob Argo Representative, District 68
3951
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bob Argo, who, on oath, deposes and says that he is Representative from the 68th 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 date: January 13,1984.
/s/ Bob Argo Representative, 68th District
Sworn to and subscribed before me, this 23rd day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 12,1984.
3952 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
MAGISTRATE COURT OF DOUGLAS COUNTY CREATED.
No. 692 (House Bill No. 1283).
AN ACT
To amend an Act creating a Magistrate's Court of Douglas County, approved April 12,1982 (Ga. L. 1982, p. 4659), as amended by an Act approved March 18, 1983 (Ga. L. 1983, p. 4367), so as to provide for the Magistrate Court of Douglas County; to provide for the practice, procedure, and jurisdiction of said court; to provide for the selection and qualifications of the officers of said court; to provide for vacancies; to provide for compensation for the chief magistrate and magistrates; 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 a Magistrate's Court of Douglas County, approved April 12,1982 (Ga. L. 1982, p. 4659), as amended by an Act approved March 18,1983 (Ga. L. 1983, p. 4367), is amended by striking in their entirety Sections 1 through 20 thereof and inserting in lieu thereof the following:
"Section 1. As provided in Chapter 10 of Title 15 of the O.C.G. A., relating to magistrate courts, there shall be a Magistrate Court of Douglas County.
Section 2. All practice, procedure, and jurisdiction in the magistrate court shall be as provided in Chapter 10 of Title 15 of the O.C.G.A., relating to magistrate courts, and the uniform rules set forth for such courts.
Section 3. Except as specifically provided in this Act, the selection and qualifications of the offices of the magistrate court shall be as provided in Chapter 10 of Title 15 of the O.C.G.A., relating to magistrate courts.
Section 4. In addition to the qualifications set forth in Chapter 10 of Title 15 of the O.C.G.A., relating to magistrate courts, the chief
GEORGIA LAWS 1984 SESSION
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magistrate shall be at least 25 years of age and shall have been an active member of the State Bar of Georgia for the three years immediately preceding his selection.
Section 5. Any vacancy in the office of chief magistrate shall be filled by appointment of the judges of the superior court for the Douglas Circuit.
Section 6. The magistrate court and the magistrates of the court shall have jurisdiction and power to conduct trials of, to receive pleas of guilty or of nolo contendere from, and to impose sentences upon defendants charged with the violation of any county ordinance adopted by the governing authority of Douglas County. Proceedings in such cases shall be governed by the provisions of Chapter 10 of Title 15 of the O.C.G.A., relating to magistrate courts.
Section 7. The chief magistrate of the magistrate court shall receive an annual salary of $15,000.00 per annum payable from the funds of Douglas County. The governing authority of Douglas County may supplement the salary provided for in this section in the manner and in the amount it may deem appropriate.
Section 8. Any magistrate of the magistrate court, other than the chief magistrate, shall receive the salary set by the governing authority of Douglas County at the time the magistrate takes office. The governing authority may increase but shall not decrease the salary during the individual's term of office."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. 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 1984 session of the General Assembly of Georgia a bill to amend an Act creating the Magistrate's Court of Douglas County, approved April 12, 1982 (Ga. L. 1982, p. 4659), as amended; and for other purposes.
3954 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This 7th day of January, 1984.
Thomas M. Kilgore Representative, 42nd District
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 date: January 12,1984.
/s/ Thomas M. Kilgore Representative, 42nd District
Sworn to and subscribed before me, this 24th day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 12,1984.
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BLECKLEY COUNTY COMMISSIONER -- COMPENSATION CHANGED.
No. 693 (House Bill No. 1288).
AN ACT
To amend an Act creating the office of commissioner of Bleckley County, approved August 18,1913 (Ga. L. 1913, p. 345), as amended, particularly by an Act approved April 6,1981 (Ga. L. 1981, p. 4257), so as to change the provisions relating to the compensation of the commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the office of commissioner of Bleckley County, approved August 18,1913 (Ga. L. 1913, p. 345), as amended, particularly by an Act approved April 6,1981 (Ga. L. 1981, p. 4257), is amended by striking subsection (a) of Section 9 of said Act in its entirety and substituting in lieu thereof a new subsection (a) to read as follows:
"(a) The commissioner of Bleckley County shall receive a salary of $21,000.00 per annum. In addition to said salary, the commissioner shall receive an allowance for expenses incurred in the performance of the duties as commissioner in an amount not to exceed $250.00 per month. The salary and expense allowance provided by this subsection shall be the total compensation to be received by the commissioner of Bleckley County and said sums shall be paid to the commissioner by the fiscal authority of said county from funds of Bleckley County on a semimonthly or monthly basis as may be determined by said commissioner."
Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
3956 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 1984 session of the General Assembly of Georgia a bill to amend an Act creating the office of commissioner of Bleckley County, approved August 18, 1913 (Ga. L. 1913, p. 345), as amended, and for other purposes.
This 10th day of January, 1984.
Newt Hudson, Representative
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Newt Hudson, who, on oath, deposes and says that he is Representative from the 117th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Cochran Journal which is the official organ of Bleckley County, on the following date: January 19,1984.
/s/ Newt Hudson Representative, 117th District
Sworn to and subscribed before me, this 23rd day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 12,1984.
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3957
CITY OF LAKE CITY -- TERMS OF OFFICE OF MAYOR AND MEMBERS OF COUNCIL.
No. 694 (House Bill No. 1310).
AN ACT
To amend an Act incorporating the City of Lake City in the County of Clayton, approved February 12,1951 (Ga. L. 1951, p. 2351), as amended, particularly by an Act approved April 12,1968 (Ga. L. 1968, p. 3712), so as to change the terms of office of the mayor and members of the council; to provide for staggered terms; 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 T. An Act incorporating the City of Lake City in the County of Clayton, approved February 12,1951 (Ga. L. 1951, p. 2351), as amended, particularly by an Act approved April 12,1968 (Ga. L. 1968, p. 3712), is amended by striking Section 3 in its entirety and substituting in lieu thereof a new Section 3 to read as follows:
"Section 3. The municipal government of said city shall be vested in the mayor and a board of four councilpersons who are constituted as a body corporate under the name and style of the City of Lake City, Georgia, and by that name and style shall have perpetual succession, shall be able to contract, buy and hold property, sue and be sued, shall have all the incidental rights usually conferred upon such municipalities by the laws of the State of Georgia and all the rights hereinafter conferred. The mayor and councilpersons shall each be elected for terms of four years expiring on the first Monday in January. The mayor and councilpersons shall have the authority to adopt the necessary ordinances providing for rules and regulations to govern the holding of all elections, registration, voting, declaring the results,
3958 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
filing and hearing contests, and all other matters connected therewith. Except as hereinafter provided, elections shall be held in said city on the first Saturday in December of each odd-numbered year. Beginning with the election in 1984 of mayor and two councilpersons whose terms are expiring, said mayor and councilpersons shall be elected to serve a special three-year term to expire in 1987, and for each successive term thereafter, said term of office shall be for a term of four years. Beginning with the municipal election in 1985 for two councilpersons whose terms of office are expiring, and each successive term thereafter, said term of office shall be for period of four years."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Notice.
Citizens of Lake City, Clayton County, State of Georgia and other interested parties:
You are hereby notified that the Mayor and Council of the City of Lake City, Clayton County, Georgia, have passed a resolution requesting that local legislation be passed by the General Assembly of the State of Georgia whereby Section 3 of the Charter of the City of Lake City shall be amended to increase the term of office for the Mayor and Council from the present two (2) year term to a four (4) year term. Beginning with the election in 1984 of two (2) Councilpersons and Mayor whose terms are expiring, said Councilpersons shall be elected to serve a special three (3) year term to expire in 1987, and for each successive term thereafter, said term of office shall be for a term of four (4) years. Beginning with the municipal election in 1985 for two (2) Councilpersons 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 Constitution of the State of Georgia.
GEORGIA LAWS 1984 SESSION
Alva 0. Inman City Clerk
3959
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Frank I. Bailey, Jr., 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 date: January 10, 1984.
/s/ Frank I. Bailey, Jr. Representative, 72nd District
Sworn to and subscribed before me, this 20th day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 12,1984.
3960 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SMALL CLAIMS COURT OF TROUP COUNTY -- SALARY OF JUDGE.
No. 695 (House Bill No. 847).
AN ACT
To amend an Act creating a Small Claims Court of Troup County, approved March 23,1972 (Ga. L. 1972, p. 2369), as amended, particularly by an Act approved April 12,1982 (Ga. L. 1982, p. 4345), so as to change the salary of the judge; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating a Small Claims Court of Troup County, approved March 23,1972 (Ga. L. 1972, p. 2369), as amended, particularly by an Act approved April 12,1982 (Ga. L. 1982, p. 4345), is amended by striking from Section 8 thereof the following:
"$15,148.00",
and substituting in lieu thereof the following:
"$16,790.00",
so that when so amended Section 8 shall read as follows:
"Section 8. The judge of said court shall receive a salary in the amount of $16,790.00 per annum, which salary shall be paid biweekly from the treasury of Troup County, Georgia, out of the general funds of said county, and it shall be the duty of the Board of Commissioners of Troup County, Georgia, to make provisions annually in levying taxes for this purpose. The salary of said judge shall not be diminished during his term of office."
Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.
GEORGIA LAWS 1984 SESSION
3961
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 small claims court of Troup County, approved March 23, 1972 (Ga. L. 1972, p. 2369), as amended, so as to change the compensation of the judge of said court; and for other purposes.
This 1 day of February, 1983.
V. Hawley Smith, Chairman Troup County Board of Commissioners
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ed Mullinax, who, on oath, deposes and says that he is Representative from the 81st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the LaGrange Daily News which is the official organ of Troup County, on the following dates: February 11, 18 and 21, 1983.
/s/ Ed Mullinax Representative, 81st District
3962 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 12,1984.
STATE COURT OF TROUP COUNTY -- COMPENSATION OF JUDGE AND SOLICITOR. No. 696 (House Bill No. 848). AN ACT
To amend an Act creating the State Court of Troup County (formerly the Civil and Criminal Court of Troup County), approved March 6,1962 (Ga. L. 1962, p. 3020), as amended, particularly by an Act approved April 12,1982 (Ga. L. 1982, p. 4350), so as to change the compensation of the judge and the solicitor; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the State Court of Troup County (formerly the Civil and Criminal Court of Troup County), approved March 6,1962 (Ga. L. 1962, p. 3020), as amended, particularly by an Act approved April 12, 1982 (Ga. L. 1982, p. 4350), is amended by striking from the second paragraph of Section 5 the following: "$20,236.00",
GEORGIA LAWS 1984 SESSION
3963
and inserting in lieu thereof the following:
"$21,247.00",
so that when so amended Section 5 shall read as follows:
"Section 5. Judge; Qualifications; Oath; Salary, (a) Any person who shall be elected Judge of said Civil and Criminal Court of Troup County must, at the time of his election be at least twenty-five years of age; he must also have been a resident of Troup County for two years immediately preceding his election, and must have been a practicing attorney for at least two years immediately preceding his election, and before entering upon the discharge of his duties of his office, he shall take and subscribe the following oath: `I solemnly swear that I will administer justice without respect to persons, and do equal right to the poor and the rich, and that I will faithfully and impartially discharge and perform all the duties which may be required of me as Judge of the State Court of Troup County, according to the best of my ability and understanding, according to the laws and Constitution of this State and of the United States, so help me God.' And said oath shall be forwarded to the Governor and filed in the executive department.
(b) The salary of the Judge of the State Court of Troup County shall be $21,247.00 per annum, which said salary shall be paid biweekly from the treasury of Troup County, Georgia, out of the general funds of said county, and it shall be the duty of the governing authority of Troup County, Georgia, to make provisions annually in levying taxes for this purpose. Said judge shall be hereby prohibited from practicing law in any of the courts of Troup County, Georgia."
Section 2. Said Act is further amended by striking from the fourth paragraph of Section 6 the following:
"$13,508.00",
and inserting in lieu thereof the following:
"$14,184.00",
so that when so amended the fourth paragraph of Section 6 shall read as follows:
3964 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
"The salary of the Solicitor of the State Court of Troup County shall be $14,184.00 per annum, for prosecution of all criminal cases, which said salary shall be paid biweekly in equal installments from the treasury of Troup County, Georgia, out of the general funds of said county, and it shall be the duty of the governing authority of Troup County, Georgia, to make provisions annually in levying taxes for this purpose."
Section 3. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1983 session of the General Assembly of Georgia a bill to amend an Act creating the State Court of Troup County, approved March 6, 1962 (Ga. L. 1962, p. 3020), as amended, so as to change the compensation of the judge and the solicitor of said court; and for other purposes.
This 1 day of February, 1983.
V. Hawley Smith, Chairman Troup County Board of Commissioners
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ed Mullinax, who, on oath, deposes and says that he is Representative from the 81st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the LaGrange Daily News which is the official organ
GEORGIA LAWS 1984 SESSION
3965
of Troup County, on the following dates: February 11, 18 and 21, 1983.
/s/ Ed Mullinax Representative, 81st 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 12,1984.
TROUP COUNTY -- SALARIES OF SPECIFIED OFFICERS CHANGED.
No. 697 (House Bill No. 849).
AN ACT
To amend an Act providing compensation for specified officers in Troup County, approved February 13,1962 (Ga. L. 1962, p. 2093), as amended, particularly by an Act approved April 12, 1982 (Ga. L. 1982, p. 4342), so as to change the salary of the sheriff, clerk of the superior court, tax commissioner, and judge of the probate court; to provide an effective date; to repeal conflicting laws; and for other purposes.
3966 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Be it enacted by the General Assembly of Georgia:
Section 1. An Act providing compensation for specified officers in Troup County, approved February 13,1962 (Ga. L. 1962, p. 2093), as amended, particularly by an Act approved April 12, 1982 (Ga. L. 1982, p. 4342), is amended by striking from Section 3 thereof the following:
"$26,250.00",
and substituting in lieu thereof the following:
"$28,875.00",
so that when so amended Section 3 shall read as follows:
"Section 3. The Sheriff of Troup County shall be compensated in the amount of $28,875.00 per annum, to be paid in equal biweekly installments from the funds of Troup County. Such compensation shall be all-inclusive, and the sheriff shall receive no other compensation for any service he performs in any capacity or in any court."
Section 2. Said Act is further amended by striking from Section 4 thereof the following:
"$25,145.00",
and substituting in lieu thereof the following:
"$26,402.00",
so that when so amended Section 4 shall read as follows:
"Section 4. The Clerk of the Superior Court of Troup County shall be compensated in the amount of $26,402.00 per annum, to be paid in equal biweekly installments from the funds of Troup County. This amount includes the sum of $1,284.00 for serving as clerk of the State court and shall be all-inclusive and the clerk shall receive no other compensation for any service as clerk or ex officio clerk of any court or in any other capacity."
Section 3. Said Act is further amended by striking from Section 5 thereof the following:
GEORGIA LAWS 1984 SESSION
3967
"$22,176.00",
and substituting in lieu thereof the following:
"$24,392.00",
so that when so amended Section 5 shall read as follows:
"Section 5. The Tax Commissioner of Troup County shall be compensated in the amount of $24,392.00 per annum, to be paid in equal biweekly installments from the funds of Troup County. Said compensation shall be in full payment for all services for receiving and collecting taxes due the State, county, or any other subdivision and for discharging any and all duties imposed by law, and the said tax commissioner shall receive no other remuneration from fees or from any other source."
Section 4. Said Act is further amended by striking from Section 6 thereof the following:
"$24,078.00",
and substituting in lieu thereof the following:
"$25,283.00",
so that when so amended Section 6 shall read as follows:
"Section 6. The Judge of the Probate Court of Troup County shall be compensated in the amount of $25,283.00 per annum, to be paid in equal biweekly installments from the funds of Troup County. This amount shall include the sum of $642.00 for holding elections and shall cover all services of such official and said official shall receive no other fees or remuneration for his services."
Section 5. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.
Section 6. All laws and parts of laws in conflict with this Act are repealed.
3968 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 amend an Act providing compensation for specified officers in Troup County, approved February 13,1962 (Ga. L. 1962, p. 2093), as amended, so as to change the compensation of the sheriff, clerk of the superior court, tax commissioner, and judge of the probate court; and for other purposes.
This 1 day of February, 1983.
V. Hawley Smith, Chairman Troup County Board of Commissioners.
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ed Mullinax, who, on oath, deposes and says that he is Representative from the 81st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the LaGrange Daily News which is the official organ of Troup County, on the following dates: February 11, 18 and 21, 1983.
/s/ Ed Mullinax Representative, 81st District
GEORGIA LAWS 1984 SESSION
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 12,1984.
3969
GILMER COUNTY -- SALARY OF JUDGE OF PROBATE COURT CHANGED.
No. 698 (House Bill No. 855).
AN ACT
To amend an Act placing the judge of the Probate Court of Gilmer County on an annual salary, approved April 4,1967 (Ga. L. 1967, p. 2705), so as to change the provisions relating to the compensation of said officer; 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 Grilmer County on an annual salary, approved April 4, 1967 (Ga. L. 1967, p. 2705), 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 judge of the Probate Court of Gilmer County shall receive an annual salary of $17,000.00, payable in equal monthly installments from the funds of Gilmer County."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
3970 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Notice of Intention to 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 providing an annual salary for the Judge of the Probate Court of Gilmer County, approved April 4,1967 (Ga. L. 1967, p. 2705); and for other purposes.
This 27th day of January, 1983.
Carlton H. Colwell Representative, 4th District
Ralph Twiggs Representative, 4th District
Max R. Brannon Senator, 51st District
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 Times Courier which is the official organ of Gilmer County, on the following dates: February 10,17, 24, 1983.
/s/ Carlton H. Colwell Representative, 4th District
GEORGIA LAWS 1984 SESSION
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 12,1984.
3971
WAYNE COUNTY BOARD OF EDUCATION -- EDUCATION DISTRICTS, ETC. CHANGED --
REFERENDUM.
No. 699 (House Bill No. 858).
AN ACT
To amend an Act relating to the election of members of the board of education of Wayne County, approved April 9,1968 (Ga. L. 1968, p. 3361), so as to change the number of members of the board of education; to change the composition of the education districts from which members of the board of education are elected; to provide for the manner of election of members of said board; to provide for a referendum; 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 relating to the election of members of the board of education of Wayne County, approved April 9,1968 (Ga. L. 1968, p. 3361), is amended by striking Section 1, which reads as follows:
3972 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
"Section 1. The board of education of Wayne County shall be composed of 6 members who shall be elected by the voters of the entire county as hereinafter provided. At the general election in 1968, successors to the members representing education districts numbers 3 and 4 shall be elected for terms of office of 4 years each and until their successors are duly elected and qualified. At the general election in 1970, successors to the members representing education district number 5 and the county at large position shall be elected for terms of office of two years each and until their successors are duly elected and qualified. At the general election in 1972, successors to members representing education districts numbers 1, 2, 3, 4, and 5 and the county at large position shall be elected for terms of office of 4 years each, and they shall serve until their successors are duly elected and qualified. All members elected in subsequent elections after the general election in 1972, other than elections to fill vacancies in unexpired terms, shall serve for terms of office of 4 years each and until their respective successors are duly elected and qualified. The members of the board represent Education Districts Nos. 1 through 5 shall be a resident of the education district from which they offer as a candidate but the member representing the county at large may reside anywhere within the County of Wayne.",
and inserting in lieu thereof a new Section 1 to read as follows:
"Section 1. (a) The board of education of Wayne County shall be composed of five members who shall be elected by the qualified electors of the entire Wayne County school district.
(b) For the purpose of electing the five members of the board of education, the Wayne County school district is divided into five education districts. Each such education district shall consist of a portion of the Wayne County school district, described as follows:
Education District No. 1
Wayne Tract 9902 Block Group 1 Blocks 201 through 205, 218 through 234, and 236 through 250 Block Group 3 Blocks 403 through 450 Block Group 5
GEORGIA LAWS 1984 SESSION
Education District No. 2
Wayne Tract 9901 Blocks 346 through 350, 412 through 414, and 416 Tract 9902 Blocks 206 through 211 That part of Blocks 216 and 217 outside the City of Jesup Block 401 Tract 9903 That part of Blocks 144, 221, 234, and 311 outside the City of Jesup Blocks 325 through 350 Block Groups 4, 5, and 6 Tract 9904 That part of Blocks 326 through 328 outside the City of Screven Blocks 329 through 350 Block Groups 4 and 5
Education District No. 3
Wayne Tract 9901 Blocks 101 through 105 That part of Block 106 outside the City of Jesup Block 107 That part of Block 108 outside the City of Jesup Blocks 109 through 116 That part of Blocks 117 through 120, 122, 124, 244, and 245 outside the City of Jesup Blocks 246 through 250 Blocks 301 through 318 and 320 through 345 Blocks 401 through 411 and 415 Tract 9904 Blocks 137 through 145, 212 through 215, 236 through 239, 307, 316 through 319, and 321
3973
3974 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Education District No. 4
Wayne Tract 9901 That part of Blocks 106, 108, and 117 through 120 inside the City of Jesup Block 121 That part of Block 122 inside the City of Jesup Block 123 That part of Block 124 inside the City of Jesup Blocks 125 through 150 and 201 through 243 That part of Blocks 244 and 245 inside the City of Jesup Tract 9902 Blocks 212 through 215 That part of Blocks 216 and 217 inside the City of Jesup Tract 9903 Blocks 101 through 137, 141, and 142 Tract 9904 Blocks 101 through 128 and 150
Education District No. 5
Wayne Tract 9903 Blocks 138 through 140 and 143 That part of Block 144 inside the City of Jesup Blocks 145 through 150 and 201 through 220 That part of Block 221 inside the City of Jesup Blocks 222 through 233 That part of Block 234 inside the City of Jesup Blocks 235 through 250, 260 through 271, and 301 through 310 That part of Block 311 inside the City of Jesup
GEORGIA LAWS 1984 SESSION
3975
Blocks 312 through 324 Tract 9904
Blocks 129 through 136, 146 through 149, 201 through 211, 216 through 235, 240 through 250, 301 through 306, 308 through 315, 320, and 322 through 325
That part of Blocks 326 through 328 inside the City of Jesup
(c) The five members of the board of education shall be elected at the general election in 1984, shall take office on January 1, 1985, and shall serve for terms of four years and until their successors are elected and qualified. Successors to the members of the board of education shall thereafter be elected at the general election immediately preceding the expiration of the terms of office and shall take office on the first day of January immediately following their election for a term of office of four years and until their successors are elected and qualified.
(d) Each district member of the board of education shall be a resident of the respective education district during the member's term of office. Each person offering for election as a member of said board shall specify the education district for which the person is offering. 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 2. Not less than 30 nor more than 45 days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the election superintendent of Wayne County to issue the call for an election for the purpose of submitting this Act to the electors of Wayne County for approval or rejection. The superintendent shall set the date of 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 Wayne County. The ballot shall have written or printed thereon the words:
3976 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
"( ) YES ( ) NO
Shall the Act providing for the board of education of Wayne County to be composed of five members elected from five education districts be approved?"
All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect; otherwise it shall be void and of no force and effect.
The expense of such election shall be borne by Wayne County. It shall be the duty of the superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State.
Section 3. If this Act is approved at the referendum election provided in Section 2 of this Act, then it shall become effective on January 1, 1985, except that the provisions of this Act which are necessary for the election of the members of the board of education in 1984 shall become effective on the opening day of the qualifying period for election to the board in 1984.
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 amend an Act changing the method of electing members of the board of education of Wayne County, approved April 9,1968 (Ga. L. 1968, p. 3361) so as to conform to the number of members and the county commission districts of Wayne County as was approved in a local referendum on November 2, 1982; and for other purposes.
GEORGIA LAWS 1984 SESSION This 28th day of January, 1983.
3977
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Roger C. 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 Legislation was published in the Press-Sentinel which is the official organ of Wayne County, on the following dates: January 28, February 2, and February 23,1983.
/s/ Roger C. Byrd Representative, 153rd District
Sworn to and subscribed before me, this 28th day of February, 1983.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 12,1984.
3978 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
MAGISTRATE COURT OF QUITMAN COUNTY -- DESIGNATION OF PROBATE JUDGE AS CHIEF
MAGISTRATE, ETC.
No. 700 (House Bill No. 921).
AN ACT
To provide that the judge of the Probate Court of Quitman County shall serve as chief magistrate of the Magistrate Court of Quitman County; to provide for appointment of magistrates by the chief magistrate; to provide for the term, filling of vacancies, and compensation for the offices of chief magistrate and magistrate; to provide for a constable; to provide for a clerk; 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 local prerogatives authorized by Chapter 10 of Title 15 of the Official Code of Georgia Annotated.
Section 2. (a) The judge of the Probate Court of Quitman County shall serve as chief magistrate of the Magistrate Court of Quitman County. There shall be no separate election for the office of chief magistrate. The term of the chief magistrate shall be concurrent with the term of the judge of the probate court. In the event of a vacancy, the person assuming the position of judge of the probate court shall additionally assume the position of chief magistrate.
(b) The probate judge, for his services as chief magistrate, shall be compensated in the amount of $100.00 per month by the governing authority of Quitman County, payable from the funds of the county. The county governing authority may supplement the compensation of the chief magistrate; but no such supplement shall be decreased during a term of office.
Section 3. (a) The chief magistrate may appoint not more than two magistrates. The term of office of a magistrate shall be concurrent with that of the chief magistrate. Any vacancy in the office of magistrate shall be filled by appointment by the chief magistrate.
GEORGIA LAWS 1984 SESSION
3979
(b) A magistrate shall be compensated in the amount of $50.00 per month by the governing authority of Quitman County, payable from the funds of the county. The county governing authority may supplement the compensation of a magistrate; but no such supplement shall be decreased during a term of office.
Section 4. The sheriff of Quitman County and his deputies shall perform the duties of constables for the Magistrate Court of Quitman County. Such officers shall not be entitled to additional compensation for such duties.
Section 5. The governing authority of Quitman County may provide for the selection of a clerk for the magistrate court and shall provide the amount of compensation for the person so selected.
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 1984 session of the General Assembly of Georgia a bill to provide that the judge of the Probate Court of Quitman County shall serve as Chief magistrate of the Magistrate Court of Quitman County; to provide for appointment, terms, filling of vacancies, and compensation of magistrates; to provide for personnel; and for other purposes.
This 5th day of January, 1984.
Gerald E. Greene Representative, 130th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Gerald E. Greene, who, on oath,
3980 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
deposes and says that he is Representative from the 130th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Cuthbert Times and News Record which is the official organ of Quitman County, on the following date: January 5,1984.
/s/ Gerald E. Greene Representative, 130th District
Sworn to and subscribed before me, this 9th day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 12,1984.
MAGISTRATE COURT OF WILKINSON COUNTY -- DESIGNATION OF PROBATE JUDGE AS CHIEF MAGISTRATE. No. 701 (House Bill No. 962). AN ACT
To provide legislative intent; to provide that the judge of the Probate Court of Wilkinson County shall serve as chief magistrate of the Magistrate Court of Wilkinson County; to provide for appointment of magistrates by the chief magistrate; to provide for the term, filling of vacancies, and compensation for the offices of chief magis-
GEORGIA LAWS 1984 SESSION
3981
trate and magistrate; to provide for a constable; to provide for a clerk; to authorize law library fees to be set as additional costs; 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 local prerogatives authorized by Chapter 10 of Title 15 of the Official Code of Georgia Annotated.
Section 2. (a) The judge of the Probate Court of Wilkinson County shall serve as chief magistrate of the Magistrate Court of Wilkinson County. There shall be no separate election for the office of chief magistrate. The term of the chief magistrate shall be concurrent with the term of the judge of the probate court. In the event of a vacancy, the person assuming the position of judge of the probate court shall additionally assume the position of chief magistrate.
(b) The probate judge, for services as chief magistrate, shall be compensated in the amount of not less than $500.00 per month by the governing authority of Wilkinson County, payable from the funds of the county. The county governing authority may supplement the compensation of the chief magistrate; but no such supplement shall be decreased during a term of office.
Section 3. (a) The chief magistrate, with the advice and consent of a majority of the judges of superior court for the Ocmulgee Judicial Circuit, may appoint one or more magistrates. The term of office of a magistrate shall be concurrent with that of the chief magistrate. Any vacancy in the office of magistrate shall be filled by appointment by the chief magistrate as provided in this subsection.
(b) A magistrate shall be compensated in the amount of not less than $200.00 per month by the governing authority of Wilkinson County, payable from the funds of the county. The county governing authority may supplement the compensation of a magistrate; but no such supplement shall be decreased during a term of office.
Section 4. The sheriff of Wilkinson County and deputies of the sheriff shall perform the duties of constables for the Magistrate Court of Wilkinson County. Such officers shall not be entitled to additional compensation for such duties.
3982 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 5. The chief magistrate may appoint a clerk for the Magistrate Court of Wilkinson County. Such clerk shall serve at the pleasure of the chief magistrate. The clerk shall be compensated in the amount of not less than $200.00 per month by the governing authority of Wilkinson County, payable from the funds of the county. The county governing authority may supplement the compensation of the clerk; but no such supplement shall be decreased during the clerk's employment.
Section 6. (a) The collection of additional costs in cases before the Magistrate Court of Wilkinson County shall be made for the benefit of the Wilkinson County Law Library. The amount of such fees shall be $2.00.
(b) The clerk of the Magistrate Court of Wilkinson County shall collect the law library fees and remit the same each month to the treasurer of the board of trustees for the law library.
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 1984 session of the General Assembly of Georgia a bill to provide that the judge of the Probate Court of Wilkinson County shall serve as chief magistrate of the Magistrate Court of Wilkinson County; to provide for appointment of a magistrate; to provide for terms, compensation, and filling of vacancies for the chief magistrate and magistrate; to provide to a constable, a clerk, and law library fees; and for other purposes.
This 27th day of December, 1983.
Kenneth W. Birdsong Representative, 104th District
GEORGIA LAWS 1984 SESSION Georgia, Fulton County.
3983
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 date: January 5, 1984.
/s/ Kenneth W. Birdsong Representative, 104th District
Sworn to and subscribed before me, this 10th day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 12,1984.
SUPERIOR COURT OF WILKINSON COUNTY -- MANNER OF COMPENSATING CLERK CHANGED, ETC.
No. 702 (House Bill No. 963).
AN ACT
To abolish the present method of compensating the Clerk of the Superior Court of Wilkinson County, known as the fee system; to
3984 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
provide in lieu thereof an annual salary; to provide that all fees, costs, or other emoluments of said officer shall become the property of the county; to provide for the collection of all such fees, costs, and emoluments; to provide for periodic statements; to provide for the payment of the operating expenses of said office; to provide for the employment of necessary personnel by said officer; to provide for the compensation for such personnel; to provide for cost-of-living raises; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. The present method of compensating the Clerk of the Superior Court of Wilkinson 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. (a) The clerk of the superior court shall receive an annual salary of not less than $23,400.00. The salary of the clerk may be increased above said amount by the governing authority of Wilkinson County in addition to any increases in such salary granted pursuant to subsection (b) of this section. The salary of the clerk shall be paid in equal monthly installments from the funds of Wilkinson County.
(b) On and after January 1,1985, when the governing authority of Wilkinson County grants a cost-of-living increase in the compensation of county employees, the average percentage by which the compensation of county employees is increased shall be applied to the then current salary of the clerk of the superior court, and the salary of said officer shall be increased by such average percentage; but if such average percentage is less than 3 percent, then a 3 percent increase shall be applied to the then current salary of said clerk and the salary of said officer shall be increased by said 3 percent.
(c) The clerk of the superior court shall be reimbursed for actual and necessary expenses incurred by said officer in carrying out said officer's official duties outside the county, including attendance at seminars or other training meetings for county officials. When the personal automobile of the clerk is used by said officer in traveling on official business outside the county, said officer shall be reimbursed
GEORGIA LAWS 1984 SESSION
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for travel expenses at the rate of 20<t per mile or at the rate per mile authorized for state employees when using their personal automobiles while traveling on official business, whichever is greater. All expenses provided for in this subsection shall be paid from the funds of Wilkinson County.
Section 3. After the effective date of this Act, said officer shall diligently and faithfully undertake to collect all fees, fines, forfeitures, commissions, costs, allowances, penalties, funds, moneys, and all other emoluments and perquisites formerly allowed said officer as compensation for services in any capacity, and shall receive and hold the same in trust for said county as public moneys and shall pay the same into the county treasury on or before the 15th day of each month next following the month in which they were collected or received. At the time of each such monthly payment into the county treasury, the clerk of the superior court shall furnish the governing authority of the county a detailed, itemized statement, under oath, of all such funds received during the preceding month by such officer and paid into the county treasury. The statement shall show the respective amounts of money collected and the source thereof.
Section 4. The clerk of the superior court shall have the authority to appoint such deputies, clerks, assistants, and other personnel as said officer deems necessary to discharge efficiently and effectively the official duties of the clerk's office. Said officer shall, from time to time, recommend to the governing authority of said county the number of such personnel needed by the clerk's office, together with the suggested compensation to be paid each employee. Except as otherwise provided by Section 5 of this Act, it shall be within the sole discretion of the governing authority of said county to fix the compensation to be received by each employee in said office. It shall be within the sole power and authority of the clerk of the superior court, during said officer's term of office, to designate and name the person or persons who shall be employed as such deputies, clerks, assistants, or other employees, and to prescribe their duties and assignments, and to remove or replace any of such employees at will and within said officer's sole discretion.
Section 5. (a) The minimum personnel for the office of clerk of the superior court shall be as follows:
(1) One full-time deputy who shall be compensated in the amount of not less than $10,000.00 per annum.
3986 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(2) One part-time assistant who shall be employed for at least four months and such additional time as may be determined at the discretion of the clerk of the superior court and who shall be compensated at the rate of not less than $4.00 per hour.
(b) The deputy clerk provided for in paragraph (1) of subsection (a) of this section shall be paid in equal monthly installments from the funds of Wilkinson County. The compensation of the part-time assistant provided for in paragraph (2) of said subsection (a) shall be paid from the funds of Wilkinson County.
(c) The percentage increases in the compensation of the clerk of the superior court made on and after January 1,1985, as provided in subsection (b) of Section 2 of this Act shall apply to personnel provided for by this section, except that the minimum 3 percent increase applicable to the clerk shall not apply to personnel provided for by this section. In addition to such increases, the compensation of such personnel may be increased by the governing authority of Wilkinson County upon the recommendation of the clerk of the superior court.
Section 6. The necessary operating expenses of the clerk's office, expressly including the compensation of all personnel and employees, shall be paid from any funds of the county available for such purpose. All supplies, materials, furnishings, furniture, utilities, and equipment, and the repair, replacement, and maintenance thereof, as may be reasonably required in discharging the official duties of said office, shall be furnished by the county and shall be paid from any funds of the county available for such purpose. Except as otherwise provided in this Act, the determination of such requirements shall be at the sole discretion of the governing authority of Wilkinson County.
Section 7. This Act shall become effective on October 1,1984.
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 1984 session of the General Assembly of Georgia a bill relative to the
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Clerk of the Superior Court of Wilkinson County; and for other purposes.
This 27th day of December, 1983.
Kenneth Birdsong Representative, 104th 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 Wilkinson County News which is the official organ of Wilkinson County, on the following date: January 5, 1984.
/s/ Kenneth W. Birdsong Representative, 104th District
Sworn to and subscribed before me, this 10th day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 12,1984.
3988 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CITY OF DALLAS -- CORPORATE LIMITS CHANGED.
No. 703 (House Bill No. 966).
AN ACT
To amend an Act creating a new charter for the City of Dallas, approved March 6,1956 (Ga. L. 1956, p. 2947), as amended, particularly by an Act approved March 22,1974 (Ga. L. 1974, p. 2883), 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 creating a new charter for the City of Dallas, approved March 6,1956 (Ga. L. 1956, p. 2947), as amended, particularly by an Act approved March 22, 1974 (Ga. L. 1974, p. 2883), is amended by adding immediately following Section 4E thereof a new Section 4F to read as follows:
"Section 4F. In addition to any other property within the corporate limits of the City of Dallas, those corporate limits shall include all of the right of way of Georgia Spur Six (6) beginning where the width of that right of way intersects at mile post 0.11 with the heretofore existing corporate limits of the City of Dallas, then proceeding southeasterly along that right of way until the intersection with the right of way of Georgia Highway Six (6) at mile post 13.07 (or mile post 0.44 on Spur Six) and also including all of the right of way of Georgia Highway Six (6) beginning where the width of that right of way intersects at mile post 12.62 with the heretofore existing corporate limits of the City of Dallas, then proceeding easterly along that right of way of Georgia Highway Six (6) to mile post 14.92. The road, highway, and mile post designations used in this section shall be as those designations existed November 1,1983."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
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Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1984 session of the General Assembly of Georgia a bill to amend an Act creating a new charter for the City of Dallas, approved March 6, 1956 (Ga. L. 1956, p. 2947), as amended, so as to change the corporate limits of said city; to repeal conflicting laws; and for other purposes.
This 16th day of December, 1983.
L. Charles Watts Representative, 41st District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charlie Watts, who, on oath, deposes and says that he is Representative from the 41st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Dallas New Era which is the official organ of Paulding County, on the following date: December 16,1983.
/s/ Charlie Watts Representative, 41st District
Sworn to and subscribed before me, this 9th day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 12,1984.
3990 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
STATE COURT OF TATTNALL COUNTY -- COMPENSATION OF CLERICAL ASSISTANT
OF SOLICITOR.
No. 704 (House Bill No. 1161).
AN ACT
To amend an Act creating the State Court of Tattnall County, formerly the City Court of Reidsville, approved August 22,1905 (Ga. L. 1905, p. 335), as amended, particularly by an Act approved April 11,1979 (Ga. L. 1979, p. 4026), so as to provide that the amount of the compensation of the clerical assistant of the solicitor of the court shall be fixed by the governing authority of Tattnall 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 State Court of Tattnall County, formerly the City Court of Reidsville, approved August 22,1905 (Ga. L. 1905, p. 335), as amended, particularly by an Act approved April 11,1979 (Ga. L. 1979, p. 4026), is amended by striking subsection (a) of Section 6 and inserting in its place a new subsection to read as follows:
"(a) Effective July 1, 1979, the solicitor of the state court shall receive an annual salary of $10,000.00, payable in equal monthly installments from the funds of Tattnall County. In addition to the aforementioned salary, the governing authority of Tattnall County shall make available to the solicitor of the state court such amount as may be fixed by the governing authority for the purpose of compensating any clerical assistant which the solicitor of the state court shall appoint in order to assist him with the performance of his official duties. All fees, fines, forfeitures, costs, and commissions formerly allowed the solicitor of the state court as compensation for his services
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as such shall become the property of Tattnall County and shall be promptly turned over to the fiscal authorities of Tattnall County as public moneys."
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 1984 session of the General Assembly of Georgia a bill to amend an Act creating the State Court of Tattnall County, formerly the City Court of Reidsville, approved August 22,1905 (Ga. L. 1905, p. 335), as amended, particularly by an Act approved April 11,1979 (Ga. L. 1979, p. 4026), so as to provide that the amount of the compensation of the clerical assistant of the solicitor of the court shall be fixed by the governing authority of Tattnall County; to provide an effective date; and for other purposes.
This 9th day of January, 1984.
Cecil M. Tootle
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Clinton Oliver, who, on oath, deposes and says that he is Representative from the 121st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Tattnall Journal which is the official organ of Tattnall County, on the following date: January 12,1984.
3992 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
/s/ Clinton Oliver Representative, 121st District
Sworn to and subscribed before me, this 16th day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 12,1984.
MAGISTRATE COURT OF WHEELER COUNTY -- PROBATE JUDGE DESIGNATED AS CHIEF MAGISTRATE. No. 705 (House Bill No. 1177). AN ACT
To make provisions for the Magistrate Court of Wheeler County; to provide that the probate judge of Wheeler County shall serve as chief magistrate of Wheeler County; to provide for compensation; 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 probate judge of Wheeler County shall serve as chief magistrate of Wheeler County. The minimum compensation of the person serving as probate judge and chief magistrate of Wheeler County shall be the compensation he is authorized by law to receive as
GEORGIA LAWS 1984 SESSION
3993
probate judge. The governing authority may supplement such compensation in such amount as it may fix from time to time, but no such supplement shall be decreased during a term of office.
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Legal Ad.
Notice is hereby given that there will be introduced into the 1984 regular session of the General Assembly of the State of Georgia, an Act to provide that the Probate Judge of Wheeler County, Georgia, shall serve as the Chief Magistrate for the Magistrate's Court of Wheeler County, Georgia, to provide for an effective date of such law and for other purposes.
Stanley Smith Attorney for Wheeler County, Georgia.
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 Legislation was published in the Wheeler County Eagle which is the official organ of Wheeler County, on the following date: December 28,1983.
/s/ L. L. Phillips Representative, 120th District
3994 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 16th day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 12,1984.
BOARD OF EDUCATION OF TWIGGS COUNTYMETHOD OF FILLING VACANCIES.
No. 706 (House Bill No. 1203).
AN ACT
To amend an Act providing for the election of the members of the Board of Education of Twiggs County, approved March 26,1982 (Ga. L. 1982, p. 3627), so as to change provisions for the method of filling vacancies in office on the board of education; 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 providing for the election of the members of the Board of Education of Twiggs County, approved March 26,1982 (Ga. L. 1982, p. 3627), is amended by striking Section 5 which reads as follows:
"Section 5. A vacancy which occurs in the district membership of the board by death, resignation, removal from the education district or for any other reason shall be filled by the remaining members of the board electing a successor to serve until a successor is elected at the next general election to serve for the unexpired term or for a full term,
GEORGIA LAWS 1984 SESSION
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as the case may be. If a vacancy occurs for any reason in the office of chairman, the remaining members of the board shall elect one of their number to serve until a successor is elected at the next general election. The vacancy thus created in a district member of the board shall be filled in the same manner as vacancies are filled in the office of other district members. Any person elected by the board or at the general election to fill a vacancy among the district membership of the board shall be a resident of the education district in which the vacancy occurred.",
and inserting in its place a new section to read as follows:
"Section 5. (a) A vacancy in the office of chairman or district member which occurs more than six months prior to the expiration of a term of office shall be filled as provided in this subsection (a).
(1) In the case of a vacancy in the office of chairman, a successor shall be elected by the voters of the Twiggs County school district at large at a special election held for that purpose.
(2) In the case of a vacancy in the office of a district member, a successor shall be elected by the voters of that education district at a special election held for that purpose.
(b) A vacancy in the office of chairman or district member which occurs six months or less prior to the expiration of a term of office shall be filled by the remaining members of the board selecting a person to fill the vacancy; and such selection shall be made within 15 days after the vacancy occurs.
(c) Any person selected to fill a vacancy under this section must meet the qualifications specified by this Act for the office and shall serve for the remainder of the unexpired term. The election superintendent of Twiggs County shall upon being notified of a vacancy by the board call and conduct any special election required by this section."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
3996 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 1984 session of the General Assembly of Georgia a bill to amend an Act providing for the election of the members of the Board of Education of Twiggs County, approved March 26,1982 (Ga. L. 1982, p. 3627), so as to change provisions for the method of filling vacancies in office on the board of education; to provide for related matters; and for other purposes.
This 9th day of January, 1984.
Kenneth W. Birdsong
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 Twiggs County New Era which is the official organ of Twiggs County, on the following date: January 11, 1984.
/s/ Kenneth W. Birdsong Representative, 104th District
Sworn to and subscribed before me, this 16th day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 12,1984.
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TOWN OF NORTH HIGH SHOALS -- ELECTION OF MAYOR AND COUNCIL PROVIDED FOR.
No. 707 (House Bill No. 1222).
AN ACT
To amend an Act creating the Town of North High Shoals, approved March 24,1933 (Ga. L. 1933, p. 1040), as amended, so as to provide for the election of the mayor and council for the Town of North High Shoals; to provide for all things 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 Town of North High Shoals, approved March 24, 1933 (Ga. L. 1933, p. 1040), as amended, is amended by striking in its entirety Section 4 of said Act and inserting in lieu thereof a new Section 4 to read as follows:
"Section 4. (a) On the second Tuesday in December, 1985, the general municipal election for the mayor and five members of the council of the Town of North High Shoals shall be conducted. On the second Tuesday in December, 1987, and on that date in each oddnumbered year thereafter, the general municipal election for the mayor and two members of the council of the Town of North High Shoals shall be conducted. On the second Tuesday in December in 1988, and on that day in each even-numbered year thereafter, the general municipal election for three members of the council of the Town of North High Shoals shall be conducted. All elections shall be conducted as specifically provided in this section and as generally provided in Chapter 3 of Title 21 of the O.C.G.A., the `Georgia Municipal Election Code.' Persons elected as provided in this section shall take office on the first day of January immediately following the election and shall serve until their successors are elected and quali-
3998 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
fied. The mayor and council shall be elected by the qualified voters voting in the entire Town of North High Shoals.
(b) The mayor shall be elected by a majority vote and shall serve for a term of office of two years and until his successor is elected and qualified.
(c) (1) For the purposes of electing aldermanic members of the council, there shall be designated five aldermanic posts designated as Post 1, Post 2, Post 3, Post 4, and Post 5. Any person offering for membership as alderman on the council shall designate at the time of qualifying for election the post for which such person is offering. Those persons elected to Post 1 and Post 2 in the 1985 election shall serve for terms of office of two years and until their successors are elected and qualified. Those persons elected to Post 3, Post 4, and Post 5 in the 1985 election shall serve for initial terms of office of three years and until their successors are elected and qualified.
(2) The candidates for alderman shall be elected by a plurality vote.
(d) Successors to the mayor and aldermen elected under subsections (b) and (c) of this section shall be elected at the general municipal election immediately preceding the expiration of the incumbent's term of office, shall take office on the first day of January following their election, and shall serve for a term of office of two years and until their successors are elected and qualified."
Section 2. The mayor and aldermen of the Town of North High Shoals who are in office on the effective date of this Act shall continue to serve until December 31, 1985, and until their successors are elected and qualified.
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 1984 session of the General Assembly of Georgia a bill amending an
GEORGIA LAWS 1984 SESSION
3999
Act incorporating the Town of North High Shoals, approved March 24,1933 (Ga. L. 1933, p. 1040), as amended by an Act approved March 21,1968 (Ga. L. 1968, p. 2624); and for other purposes.
This 2nd day of January, 1984.
E. Roy Lambert Representative, 66th District
Paul C. Broun Senator, 46th 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 date: January 12, 1984.
/s/ E. Roy Lambert Representative, 66th District
Sworn to and subscribed before me, this 19th day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 12,1984.
4000 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
COLUMBIA COUNTY -- PENALTIES FOR VIOLATION OF ORDINANCES AUTHORIZED.
No. 708 (House Bill No. 1224).
AN ACT
To authorize and empower the governing authority of Columbia County, Georgia, to provide penalties for violation of ordinances adopted by said governing authority pursuant to the Constitution of this state; to provide for the jurisdiction to hear and determine cases involving violations of ordinances of Columbia County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. The governing authority of Columbia County, Georgia, is granted the authority and power to provide penalties for the violation of ordinances of Columbia County, Georgia, said penalties not to exceed a fine in the amount of $500.00, imprisonment in the county jail for a period not in excess of 60 days, or both.
Section 2. The authority granted by this Act shall extend to ordinances previously adopted by the governing authority of Columbia County, Georgia, and ordinances hereinafter adopted by the said governing authority of Columbia County.
Section 3. The authority granted by this Act to the governing authority of Columbia County, Georgia, shall be cumulative with such other rights to enforce ordinances of Columbia County, Georgia, which the governing authority of Columbia County, Georgia, may legally exercise.
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Section 4. The Magistrate Court of Columbia County shall have jurisdiction to hear and determine cases involving violations of ordinances of Columbia County, Georgia, and the jurisdiction of said court shall extend throughout the entire territorial limits of Columbia County, Georgia. Persons found guilty of violating an ordinance or ordinances of Columbia County, Georgia, may be fined or incarcerated as provided for in said ordinance or ordinances.
Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 6. All laws and parts of laws in conflict with this Act are repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1984 session of the General Assembly of Georgia a bill to authorize the governing authority of Columbia County to provide penalties for violations of county ordinances; to provide for jurisdiction over violations of county ordinances; and for other purposes.
This 16th day of December, 1983.
Bill Jackson Representative, 83rd District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Williams 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 date: January 11,1984.
4002 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
/s/ Williams S. Jackson Representative, 83rd District
Sworn to and subscribed before me, this 18th day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 12,1984.
CATOOSA COUNTY -- COMPENSATION AND ALLOWANCES OF COMMISSIONER AND CERTAIN PERSONNEL. No. 709 (House Bill No. 1465). 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 March 14, 1983 (Ga. L. 1983, p. 4065), so as to change the compensation and allowances of the commissioner; to change compensation of certain personnel in the office 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 Catoosa County, approved February 23, 1943 (Ga. L. 1943, p. 858), as
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amended, particularly by an Act approved March 14, 1983 (Ga. L. 1983, p. 4065), is amended by striking Section 9 of said Act in its entirety and inserting in lieu thereof a new Section 9 to read as follows:
"Section 9. (a) The commissioner of Catoosa County shall be paid an annual salary of $27,000.00, which shall be paid in equal monthly installments from the funds of Catoosa County. The commissioner 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, which 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 commissioner but shall not exceed $23,000.00 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. 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 1984 Session of the General Assembly of Georgia, a Bill to amend an Act establishing the Commissioner of Roads and Revenue of Catoosa County, Georgia, (Ga. Laws 1940, p. 858), so as to amend said Act
4004 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
relating to the salary and expenses of the Commissioner, clerical help, and for other purposes.
This 4th day of January, 1984.
James A. Moreland Commissioner
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 has been duly and regularly published in The Catoosa County News one time, on the issue dated, to-wit: January 11,1984.
/s/ Jim Caldwell
Sworn to and subscribed before me, this the 13 day of January, 1984.
/s/ Juanita Caldwell Notary Public, Georgia State at Large. My Commission Expires April 22, 1985. (Seal).
Approved March 12, 1984.
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BUTTS COUNTY -- COMPENSATION OF CLERK OF SUPERIOR COURT.
No. 710 (House Bill No. 1469).
AN ACT
To amend an Act abolishing the fee system of compensating the clerk of Superior Court of Butts County and providing in lieu thereof an annual salary, approved April 11, 1979 (Ga. L. 1979, p. 4162), as amended, particularly by an Act approved March 6, 1981 (Ga. L. 1981, p. 3058), so as to change provisions relating to the compensation of the clerk of Superior Court of Butts County; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act abolishing the fee system of compensating the clerk of Superior Court of Butts County and providing in lieu thereof an annual salary, approved April 11, 1979 (Ga. L. 1979, p. 4162), as amended, particularly by an Act approved March 6, 1981 (Ga. L. 1981, p. 3058), is amended by striking from Section 2, relating to the salary of the clerk of superior court, subsection (c) which reads as follows:
"(c) In no event shall the base salary and the supplemental salary, when combined, exceed $25,000.00 per annum."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1984 session of the General Assembly of Georgia a bill to provide for the compensation of the clerk of Superior Court of Butts County; to provide for related matters; and for other purposes.
4006 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This 23rd day of January, 1984.
Bill Jones Representative, 78th District
To Whom It May Concern:
This is to certify that the legal advertisement of Notice of Intention to Introduce Local Legislation was published in the Jackson Progress-Argus on the following date: January 25,1984.
/s/ W. Herman Cawthon
Affirmed before me, this 27th day of January, 1984.
/s/ Cindy Cook Notary Public, Georgia State at Large. My Commission Expires November 28, 1986. (Seal).
Approved March 12, 1984.
JOHNSON COUNTY -- MANNER OF SELECTING CHIEF MAGISTRATE.
No. 711 (House Bill No. 1471). AN ACT
To change the provisions relating to the Magistrate Court of
GEORGIA LAWS 1984 SESSION
4007
Johnson County so as to change the manner of selecting the chief magistrate of Johnson County and to provide for terms of and vacancies in such office; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. The chief magistrate of Johnson County first selected to take office prior to January 1,1985, shall serve a term of office which expires December 31,1984. Thereafter, successors to the office of chief magistrate of Johnson County shall be appointed for terms of four years to begin the first day of January following the expiration of the immediately preceding term. Appointments to fill vacancies due to expired or unexpired terms in the office of chief magistrate of Johnson County shall be made by the chief judge of the Dublin Judicial Circuit. Any person appointed as chief magistrate of Johnson County shall serve until the expiration of the term of office to which appointed and until a successor is appointed and qualified.
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1984 session of the General Assembly of Georgia a bill to change the provisions relating to the Magistrate Court of Johnson County so as to change the manner of selecting the chief magistrate of Johnson County and to provide for terms and vacancies in such office; to repeal conflicting laws; and for other purposes.
This 3rd day of January, 1984.
4008 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Jimmy Lord Representative, 107th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jimmy Lord, who, on oath, deposes and says that he is Representative from the 107th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Wrightsville Headlight which is the official organ of Johnson County, on the following date: January 5,1984.
/s/ Jimmy Lord Representative, 107th District
Sworn to and subscribed before me, this 2nd day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 12,1984.
GEORGIA LAWS 1984 SESSION
4009
MURRAY COUNTY -- BOARD OF ELECTIONS CREATED.
No. 712 (House Bill No. 1499).
AN ACT
To create the board of elections of Murray County; to provide for the appointment, terms, and qualifications of members; to authorize the county governing authority to reject appointments; to provide for resignation and removal of members; to provide for filling vacancies; to provide the powers and duties of the board; to relieve the county election superintendent from certain responsibilities; to provide for a chairman and the powers and duties of the chairman; to provide for the compensation of members; to provide for offices and personnel for the board; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. There is created the Board of Elections of Murray County which shall have jurisdiction over the conduct of primaries and elections in Murray County.
Section 2. The board shall be composed of three members, each of whom shall be an elector and resident of the county, and who shall be appointed by the judge of the Superior Court of Murray County. The county governing authority is authorized to reject any such appointments, but if not rejected by the county governing authority within 15 days after such appointment is made, the appointment shall be final. The members of the board shall serve for terms of office of four years and until their successors are duly appointed and qualified. The members of the board shall elect a chairman from the membership of the board.
Section 3. No person who holds elective public office shall be eligible to serve as a member during the term of such elective office, and the position of any member shall be deemed vacant upon such member qualifying as a candidate for elective public office.
4010 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 4. The appointment of each member shall be made by the judge of the superior court filing an affidavit with the clerk of the superior court, no later than 30 days preceding the date at which such member is to take office, stating the name and residential address of the person appointed and certifying that such member has been duly appointed as provided in this Act. The clerk of the superior court shall record each of such certifications on the minutes of the court and shall certify the name of each such appointed member to the county governing authority of such county. If such appointment is not rejected, the clerk shall certify the name of such appointed members to the Secretary of State and provide for the issuance of appropriate commissions to the members, within the same time and in the same manner as provided by law for registrars.
Section 5. Each member of the board shall be eligible to succeed himself and shall have the right to resign at any time by giving written notice of his resignation to the judge of the superior court, the county governing authority, and to the clerk of the superior court and shall be subject to removal from the board at any time, for cause after notice and hearing, in the same manner and by the same authority as provided for removal of registrars.
Section 6. In the event a vacancy occurs in the office of any appointed member before the expiration of his term, by removal, death, resignation, or otherwise, the judge of the superior court shall appoint a successor to serve the remainder of the unexpired term subject to rejection by the county governing authority as provided for regular appointments. The clerk of the superior court shall be notified of interim appointments and record and certify such appointments in the same manner as the regular appointment of members.
Section 7. The first members of the board under this Act shall take office on July tj 1984. Before entering upon his duties, each member shall take substantially the same oath as required by law for registrars and shall have the same privileges from arrest.
Section 8. The board shall, with regard to the preparation for conduct and administration of primaries and elections, succeed to and exercise all duties and powers granted to and incumbent upon the election superintendent pursuant to Chapter 2 of Title 21 of the Official Code of Georgia Annotated.
GEORGIA LAWS 1984 SESSION
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Section 9. The board or chairman shall be responsible for the selection, appointment, and training of poll workers in elections.
Section 10. Upon the effective date of this Act, the election superintendent shall be delivered from all powers and duties to which the board of elections succeeds by the provisions of this Act and shall deliver thereafter to the chairman of the board, upon his written request, the custody of all equipment, supplies, materials, books, papers, records, and facilities of every kind pertaining to such powers and duties.
Section 11. The chairman of the board of elections shall be the chief executive officer of the board and shall generally supervise, direct, and control the administration of the affairs of the board pursuant to law and duly adopted resolutions of the board. The board shall fix and establish directives governing the execution of matters within its jurisdiction by appropriate resolutions entered on its minutes.
Section 12. Compensation for the members of the board, clerical assistants, and other employees shall be such as may be fixed by the county governing authority. Said compensation shall be paid wholly from county funds.
Section 13. The governing authority shall provide the board with such proper and suitable offices and with such clerical assistants and other employees as the governing authority shall deem appropriate.
Section 14. The words "election," "elector," "political party," "primary," "public office," "special election," and "special primary" shall have the same meaning as provided in Code Section 21-2-2 of the Official Code of Georgia Annotated, unless otherwise clearly apparent from the text of this Act.
Section 15. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 16. All laws and parts of laws in conflict with this Act are repealed.
4012 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 1984 session of the General Assembly of Georgia a bill to create the Board of Elections for Murray County; to provide for matters relative thereto; and for other purposes.
This 30th day of January, 1984.
Tom Ramsey
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 date: January 30,1984.
/s/ Tom Ramsey Representative, 3rd District
Sworn to and subscribed before me, this 6th day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 12,1984.
GEORGIA LAWS 1984 SESSION
4013
BULLOCH COUNTY -- CONSTITUTIONAL AMENDMENT AUTHORIZING USE OF LOCAL SALES
TAX BY SCHOOL SYSTEM CONTINUED.
No. 713 (House Bill No. 1408).
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 Constitutional Amendment (Res. Act 78, H.R. 338, Ga. L. 1981, p. 1931) which authorizes the use by the Bulloch County School System of the proceeds of any local sales and use tax levied within Bulloch 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 X, Section I, Paragraph II of the Constitution, authorizing the continuation of certain amendments to the Constitution.
Section 2. That Constitutional Amendment (Res. Act 78, H.R. 338, Ga. L. 1981, p. 1931) which was ratified as proposed Constitutional Amendment No. 10 at the 1982 general election and authorizes the use by the Bulloch County School System of the proceeds of any local sales and use tax levied within Bulloch 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 1,1984.
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 1984 session of the General Assembly of Georgia a bill to provide for
4014 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
authority; to continue in force and effect as part of the Constitution ratified at the general election in 1982 that Constitutional Amendment (Res. Act 78, H.R. 338, Ga. L. 1981, p. 1931) which authorizes the use by the Bulloch County School System of the proceeds of any local sales and use tax levied within Bulloch County; and for other purposes.
John F. Godbee Representative, 110th District
Bob Lane Representative, 111th 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 date: January 27, 1984.
/s/ John F. Godbee Representative, 110th District
Sworn to and subscribed before me, this 30th day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 12,1984.
GEORGIA LAWS 1984 SESSION
4015
BULLOCH COUNTY -- COMPENSATION OF TAX COMMISSIONER'S ASSISTANTS.
No. 714 (House Bill No. 1410).
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 March 14, 1983 (Ga. L. 1983, p. 3909), so as to change the compensation of the tax commissioner's assistants; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the office of tax commissioner of Bulloch County, approved March 24,1937 (Ga. L. 1937, p. 1261), as amended, particularly by an Act approved March 14, 1983 (Ga. L. 1983, p. 3909), 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 authorized to employ three assistants. The first such assistant shall receive a salary not to exceed $10,515.00 per annum, the second such assistant shall receive a salary not to exceed $9,705.00 per annum, and the third such assistant shall receive a salary not to exceed $8,997.00 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.
4016 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 1984 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 Commissioner's Office; Sheriffs Office; Probate Judge's Office; Tax Commissioner's Office and the Office of the Clerk of Bulloch Superior Court.
It is contemplated that the changes in compensation will be an increase for those concerned, to be effective on the first day of the month following approval by the Governor of Georgia.
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 date: January 27, 1984.
GEORGIA LAWS 1984 SESSION
/s/ John F. Godbee Representative, 110th District
Sworn to and subscribed before me, this 30th day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 12,1984.
4017
BULLOCH COUNTY -- COMPENSATION OF SUPERIOR COURT CLERK'S EMPLOYEES.
No. 715 (House Bill No. 1411).
AN ACT
To amend an Act placing the clerk of the Superior Court of Bulloch County upon an annual salary, approved March 17,1960 (Ga. L. 1960, p. 2763), as amended, particularly by an Act approved March 14,1983 (Ga. L. 1983, p. 3822), so as to change the compensation of the clerk's employees; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act placing the clerk of the Superior Court of Bulloch County upon an annual salary, approved March 17,1960 (Ga. L. 1960, p. 2763), as amended, particularly by an Act approved March 14,1983 (Ga. L. 1983, p. 3822), is amended by striking Section 3 of said Act in its entirety and substituting in lieu thereof the following:
4018 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
"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 $10,515.00 per annum, and a docket clerk and to fix his compensation at a figure not to exceed $9,705.00 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 $8,997.00 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 1984 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 Commissioner's Office; Sheriffs Office; Probate Judge's Office; Tax Commissioner's Office and the Office of the Clerk of Bulloch Superior Court.
It is contemplated that the changes in compensation will be an increase for those concerned, to be effective on the first day of the month following approval by the Governor of Georgia.
Robert Emory Lane Representative, 111th District
John F. Godbee Representative, 110th District
GEORGIA LAWS 1984 SESSION
4019
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 date: January 27, 1984.
/s/ John F. Godbee Representative, 110th District
Sworn to and subscribed before me, this 30th day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 12,1984.
4020 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
BULLOCH COUNTY -- COMPENSATION OF CLERK OF PROBATE COURT.
No. 716 (House Bill No. 1412).
AN ACT
To amend an Act placing the judge of the Probate Court of Bulloch County upon an annual salary, approved March 19,1960 (Ga. L. 1960, p. 2590), as amended, particularly by an Act approved March 14,1983 (Ga. L. 1983, p. 3820), so as to change the compensation of the clerk; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act placing the judge of the Probate Court of Bulloch County upon an annual salary, approved March 19,1960 (Ga. L. 1960, p. 2590), as amended, particularly by an Act approved March 14, 1983 (Ga. L. 1983, p. 3820), 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 $10,515.00 per annum. The assistant shall be compensated out of funds of Bulloch County."
Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Notice to the Public.
The public is notified that there will be introduced in the 1984 Session of the General Assembly of Georgia a bill to provide for changes in compensation of personnel in certain Bulloch County
GEORGIA LAWS 1984 SESSION
4021
offices as follows: County Commissioner's Office; Sheriffs Office; Probate Judge's Office; Tax Commissioner's Office and the Office of the Clerk of Bulloch Superior Court.
It is contemplated that the changes in compensation will be an increase for those concerned, to be effective on the first day of the month following approval by the Governor of Georgia.
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 date: January 27, 1984.
/s/ John F. Godbee Representative, 110th District
4022 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 30th day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 12,1984.
BULLOCH COUNTY -- COMPENSATION OF CLERKS OF COMMISSIONERS.
No. 717 (House Bill No. 1413).
AN ACT
To amend an Act creating a board of commissioners of Bulloch County, approved August 11,1924 (Ga. L. 1924, p. 290), as amended, particularly by an Act approved March 14,1983 (Ga. L. 1983, p. 3731), so as to change the compensation of the clerks; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a board of commissioners of Bulloch County, approved August 11,1924 (Ga. L. 1924, p. 290), as amended, particularly by an Act approved March 14,1983 (Ga. L. 1983, p. 3731), 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 $12,558.00 per annum, and an additional clerical assistant, who may be compensated in an amount not to exceed $10,515.00 per
GEORGIA LAWS 1984 SESSION
4023
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 1984 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 Commissioner's Office; Sheriffs Office; Probate Judge's Office; Tax Commissioner's Office and the Office of the Clerk of Bulloch Superior Court.
It is contemplated that the changes in compensation will be an increase for those concerned, to be effective on the first day of the month following approval by the Governor of Georgia.
Robert Emory Lane Representative, 111th District
John F. Godbee Representative, 110th District
Joseph E. Kennedy Senator, 4th District
4024 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John F. Godbee, who, on oath, deposes and says that he is Representative from the 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 date: January 27, 1984.
/s/ John F. Godbee Representative, 110th District
Sworn to and subscribed before me, this 30th day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 12,1984.
BOARD OF EDUCATION OF GRADY COUNTY -- COMPENSATION OF MEMBERS. No. 718 (House Bill No. 1414). AN ACT
To amend an Act creating a new board of education of Grady
GEORGIA LAWS 1984 SESSION
4025
County, approved March 5, 1968 (Ga. L. 1968, p. 2120), so as to change the compensation of the members of said board; to remove the limitation on monthly meetings; 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 Grady County, approved March 5,1968 (Ga. L. 1968, p. 2120), 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) Each member shall receive $100.00 per month for services as a member of the board."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Notice of Intent to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the January, 1984 Session of the General Assembly of the State of Georgia, a bill to provide for the election of members of the Grady County Board of Education, to provide for the redrawing of the boundaries defining education districts, to provide for the members solely by residents of each education district, to change the method of compensation for members of the Board of Education, and for other purposes related thereto.
This 23rd day of January, 1984.
Bobby Long Representative, 142nd District
4026 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 Legislation was published in the Cairo Messenger which is the official organ of Grady County, on the following date: January 27,1984.
/s/ Bobby Long Representative, 142nd District
Sworn to and subscribed before me, this 31st day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 12,1984.
GRADY COUNTY BOARD OF COMMISSIONERS -- ELECTION DISTRICTS REAPPORTIONED -- QUALIFICATIONS OF MEMBERS, ETC. No. 719 (House Bill No. 1415). AN ACT
To amend an Act creating a board of commissioners for the
GEORGIA LAWS 1984 SESSION
4027
County of Grady, approved December 22, 1937 (Ga. L. 1937-38, Ex. Sess., p. 837), as amended, particularly by an Act approved March 24, 1976 (Ga. L. 1976, p. 3251), so as to reapportion Grady County into five single-member districts; to provide for qualifications of members; to provide for the election and terms of office of members of the board from single-member districts; to provide for two holdover positions on the board for a limited period of time; to provide for filling vacancies; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating a board of commissioners for the County of Grady, approved December 22,1937 (Ga. L. 1937-38, Ex. Sess., p. 837), as amended, particularly by an Act approved March 24, 1976 (Ga. L. 1976, p. 3251), is amended by striking Section 1 in its entirety and substituting in lieu thereof a new Section 1 to read as follows:
"Section 1. Except as hereinafter provided, the board of commissioners of Grady County shall be composed of five members. The members of the board shall be residents of the commissioner districts they represent and shall be elected by a majority of the qualified electors voting within their respective districts."
Section 2. Said Act is further amended by striking Section 2 in its entirety and substituting in lieu thereof a new Section 2 to read as follows:
"Section 2. (a) For the purpose of electing the members of the board of commissioners, Grady County is divided into five commissioner districts as follows:
Commissioner District No. 1
Grady Tract 9901 Blocks 109 through 112, 131 through 133, 148, 149, 163, and 164 Blocks 223 through 225
4028 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Tract 9902 Block Groups 1 and 2 Blocks 301 through 307, 311, 316, and 320 Those parts of Blocks 321 through 324 outside the City of Cairo Block 325 Block Groups 4 and 6
Tract 9903 Block Group 3 Blocks 401 through 403 Those parts of Blocks 404 and 405 outside the City of Cairo Blocks 406 through 408 Blocks 501 through 547
Commissioner District No. 2
Grady Tract 9901 Blocks 101 through 108, 113 through 130, 134 through 147, 150 through 162, and 165 through 171 Blocks 201 through 222 and 226 through 263 Those parts of Blocks 264 through 266 outside the City of Cairo Blocks 267 through 282 Blocks 301 through 305 and 318 Tract 9902 Blocks 308 through 310, 312 through 315, 318, and 319 Those parts of Blocks 321 through 323 outside the City of Cairo Blocks 501 through 524 Tract 9904 Blocks 301 through 307, 328 through 332, 351, and 365 through 368
Commissioner District No. 3
Grady Tract 9903 Block 409
GEORGIA LAWS 1984 SESSION
4029
Blocks 548 and 549 Block Group 6 Tract 9904 Those parts of Blocks 121, 180, and 183
outside the City of Cairo Blocks 308 through 310 Those parts of Blocks 311 and 312
outside the City of Cairo Blocks 314 and 315 Those parts of Blocks 316, 317, and 319
outside the City of Cairo Blocks 320 through 327, 333 through 350,
and 352 through 363 That part of Block 364 outside the City
of Cairo Block 371 Block Groups 4 and 5
Commissioner District No. 4
Grady Tract 9902 That part of Block 324 within the City of Cairo Blocks 526 through 567 Tract 9903 Block Groups 1 and 2 Those parts of Blocks 404 and 405 within the City of Cairo Tract 9904 That portion of Block 205 west of Mill Creek Blocks 206 through 210 That part of Block 319 within the City of Cairo
Commissioner District No. 5
Grady Tract 9901 Those parts of Blocks 264 through 266 within the City of Cairo
4030 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Blocks 306 through 317 and 319 through 356
Block Group 4 Tract 9904
Blocks 101 through 120 That part of Block 121 within the City
of Cairo Blocks 122 through 179 That part of Block 180 within the City
of Cairo Blocks 181 and 182 That part of Block 183 within the City
of Cairo Block 184 Blocks 201 through 204 That portion of Block 205 east of Mill Creek Blocks 211 through 228 Those parts of Blocks 311, 312, 316, 317,
and 364 within the City of Cairo
(b) In order to be eligible for membership on the board, a person must be at least 21 years of age as of the date of taking office, a qualified elector of Grady County, and must be a resident of the commissioner district from which offering as a candidate. A member of the board must remain a resident of the commissioner district from which elected during the term of office. Any person offering as a candidate for election to the board to represent a commissioner district shall specify the commissioner district for which the person is offering. All members shall be nominated and elected in accordance with the provisions of Chapter 2 of Title 21 of the O.C.G.A., known as the `Georgia Election Code.'
(c) The members elected from Commissioner Districts 2 and 5 shall be elected at the general election of 1984 and each member shall serve for a term of office beginning January 1, 1985, and ending December 31, 1986. The members elected from Commissioner Districts 1, 3, and 4 shall be elected at the general election of 1984 and each member shall serve for a term of office beginning January 1, 1985, and ending December 31,1988. Thereafter, successors shall be elected at the general election immediately preceding the expiration of the terms of office and shall each serve for terms of office of four years beginning on the first day of January immediately following election and until their successors are elected and qualified.
GEORGIA LAWS 1984 SESSION
4031
(d) The commissioners elected to serve as members of the previous board of commissioners from Commissioner District No. 3 (Duncanville and Pine Park election districts), and Commissioner District No. 4 (Spence, Blowing Cave, and Lime Sink election districts) shall continue to serve until the expiration of their respective terms of office, at which time their positions on the board shall stand abolished. In the event either member shall fail to finish his respective term of office due to resignation or for any other reason, the position he holds on the board shall cease to exist as of the date of his resignation or end of service."
Section 3. Said Act is further amended by striking Section 3 in its entirety and substituting in lieu thereof a new Section 3 to read as follows:
"Section 3. (a) In the event of a vacancy on the board because of death, resignation, removal of residency from the commissioner district, or for any other cause, and the unexpired term is six months or more, such vacancy shall be filled for the unexpired term at a special election which shall be called by the election superintendent of Grady County within ten days after the occurrence of the vacancy. The election superintendent shall set the date of such special election for a day not less than 30 nor more than 45 days after the issuance of the call. Any person elected to fill a vacancy shall possess the same qualifications required of members elected for full terms of office. Such special elections shall be called 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.'
(b) If the unexpired term is less than six months, the remaining members of the board shall appoint a qualified person to fill such vacancy. Such appointment shall be made within 30 days after the date of the vacancy."
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 1984 Session of the General Assembly a Bill to provide for new
4032 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
districts from which members of the Board of County Commissioners of Grady County are to be elected, to provide for the elections of members from such districts and to provide for related matters thereto and for other purposes.
Ralph Gainey Chairman, Grady County Board of Commissioners
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 Legislation was published in the Cairo Messenger which is the official organ of Grady County, on the following date: January 6,1984.
/s/ Bobby Long Representative, 142nd District
Sworn to and subscribed before me, this 31st day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 12,1984.
GEORGIA LAWS 1984 SESSION
4033
ROCKDALE COUNTY -- COMPENSATION OF TAX COMMISSIONER.
No. 720 (House Bill No. 1419).
AN ACT
To amend an Act creating the office of tax commissioner of Rockdale County, approved February 26,1943 (Ga. L. 1943, p. 1106), as amended, particularly by an Act approved March 18,1980 (Ga. L. 1980, p. 3492) and an Act approved April 13, 1982 (Ga. L. 1982, p. 4837), so as to change the salary of the tax commissioner; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the office of tax commissioner of Rockdale County, approved February 26,1943 (Ga. L. 1943, p. 1106), as amended, particularly by an Act approved March 18,1980 (Ga. L. 1980, p. 3492) and an Act approved April 13, 1982 (Ga. L. 1982, p. 4837), is amended by striking Section 4 in its entirety and inserting in lieu thereof a new Section 4 to read as follows:
"Section 4. The tax commissioner of Rockdale County shall receive a salary of $24,104.00 per annum, payable in equal monthly installments from the funds of Rockdale County. The tax commissioner shall be authorized to appoint a chief deputy and four full-time deputies to assist him in the discharge of his official duties. The tax commissioner shall also be authorized to participate in the Group Retirement Program and the Group Hospitalization Benefit Program on the same basis as other officers and employees of Rockdale County if he meets the normal eligibility requirements of the programs."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1984 session of the General Assembly of Georgia a bill to amend an
4034 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Act creating the office of tax commissioner of Rockdale County, approved February 26,1943 (Ga. L. 1943, p. 1106), as amended, so as to change the compensation of the tax commission; and for other purposes.
This 20th day of January, 1984.
Troy A. Athon Representative, 57th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Troy A. Athon, who, on oath, deposes and says that he is Representative from the 57th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Rockdale Citizen which is the official organ of Rockdale County, on the following date: January 26,1984.
/s/ Troy A. Athon Representative, 57th District
Sworn to and subscribed before me, this 31st day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 12,1984.
GEORGIA LAWS 1984 SESSION
4035
ROCKDALE COUNTY -- COMPENSATION OF PROBATE JUDGE.
No. 721 (House Bill No. 1420).
AN ACT
To amend an Act providing an annual salary for the judge of the Probate Court of Rockdale County in lieu of the fee system of compensation, approved March 4, 1969 (Ga. L. 1969, p. 2143), as amended, particularly by an Act approved March 18, 1980 (Ga. L. 1980, p. 3482) and an Act approved April 13, 1982 (Ga. L. 1982, p. 4839), so as to change the salary of the judge of the probate court; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act providing an annual salary for the judge of the Probate Court of Rockdale County in lieu of the fee system of compensation, approved March 4, 1969 (Ga. L. 1969, p. 2143), as amended, particularly by an Act approved March 18, 1980 (Ga. L. 1980, p. 3482) and an Act approved April 13, 1982 (Ga. L. 1982, p. 4839), is amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows:
"Section 2. The judge of the probate court shall receive a salary of $24,104.00 per annum, payable in equal monthly installments from the funds of Rockdale County. The judge of the probate court shall also be authorized to participate in the Group Retirement Program and the Group Hospitalization Benefit Program on the same basis as other officers and employees of Rockdale County if he meets the normal eligibility requirements of the programs."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1984 session of the General Assembly of Georgia a bill to amend an
4036 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Act providing an annual salary for the judge of the Probate Court of Rockdale County, approved March 4,1969 (Ga. L. 1969, p. 2173), as amended, so as to change the compensation of the judge of the probate court; and for other purposes.
This 20th day of January, 1984.
Troy A. Athon Representative, 57th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Troy A. Athon, who, on oath, deposes and says that he is Representative from the 57th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Rockdale Citizen which is the official organ of Rockdale County, on the following date: January 26,1984.
/s/ Troy A. Athon Representative, 57th District
Sworn to and subscribed before me, this 31st day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 12,1984.
GEORGIA LAWS 1984 SESSION
4037
ROCKDALE COUNTY -- COMPENSATION OF SHERIFF. No. 722 (House Bill No. 1421). AN ACT
To amend an Act placing the sheriff of Rockdale County upon an annual salary, approved February 18,1966 (Ga. L. 1966, p. 2039), as amended, particularly by an Act approved March 18, 1980 (Ga. L. 1980, p. 3494) and an Act approved April 13, 1982 (Ga. L. 1982, p. 4841), so as to change the compensation of the sheriff; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act placing the sheriff of Rockdale County upon an annual salary, approved February 18,1966 (Ga. L. 1966, p. 2039), as amended, particularly by an Act approved March 18,1980 (Ga. L. 1980, p. 3494) and an Act approved April 13, 1982 (Ga. L. 1982, p. 4841), is amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows:
"Section 2. The sheriff shall receive a salary of $25,423.00 per annum, payable in equal monthly installments from the funds of Rockdale County. The sheriff shall also be authorized to participate in the Group Retirement Program and the Group Hospitalization Benefit Program on the same basis as other officers and employees of Rockdale County if he meets the normal eligibility requirements of the programs."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1984 session of the General Assembly of Georgia a bill to amend an Act placing the sheriff of Rockdale County on an annual salary, approved February 18,1966 (Ga. L. 1966, p. 2039), as amended, so as to change the compensation of the sheriff; and for other purposes.
4038 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This 20th day of January, 1984.
Troy A. Athon Representative, 57th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Troy A. Athon, who, on oath, deposes and says that he is Representative from the 57th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Rockdale Citizen which is the official organ of Rockdale County, on the following date: January 26,1984.
/s/ Troy A. Athon Representative, 57th District
Sworn to and subscribed before me, this 31st day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 12,1984.
GEORGIA LAWS 1984 SESSION
4039
ROCKDALE COUNTY -- AUTOMOBILE EXPENSE ALLOWANCE OF CORONER.
No. 723 (House Bill No. 1422).
AN ACT
To amend an Act providing an annual salary for the coroner of Rockdale County in lieu of the fee system of compensation, approved April 4, 1967 (Ga. L. 1967, p. 2505), as amended, particularly by an Act approved March 18, 1980 (Ga. L. 1980, p. 3490) and an Act approved April 13, 1982 (Ga. L. 1982, p. 4843), so as to change the automobile expense allowance of the coroner; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act providing an annual salary for the coroner of Rockdale County in lieu of the fee system of compensation, approved April 4,1967 (Ga. L. 1967, p. 2505), as amended, particularly by an Act approved March 18, 1980 (Ga. L. 1980, p. 3490) and an Act approved April 13,1982 (Ga. L. 1982, p. 4843), is amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows:
"Section 2. The coroner shall receive a salary of $265.71 per month from the funds of Rockdale County. In addition to said salary, the coroner shall receive an automobile expense allowance of $150.00 per month, payable from the funds of Rockdale County. The coroner shall also be authorized to participate in the Group Retirement Program and the Group Hospitalization Benefit Program on the same basis as other officers and employees of Rockdale County if he meets the normal eligibility requirements of the programs."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
4040 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 1984 session of the General Assembly of Georgia a bill to amend an Act providing an annual salary for the coroner of Rockdale County, approved April 4, 1967 (Ga. L. 1967, p. 2505), as amended, so as to change the compensation of the coroner; and for other purposes.
This 20th day of January, 1984.
Troy A. Athon Representative, 57th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Troy A. Athon, who, on oath, deposes and says that he is Representative from the 57th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Rockdale Citizen which is the official organ of Rockdale County, on the following date: January 26,1984.
/s/ Troy A. Athon Representative, 57th District
Sworn to and subscribed before me, this 31st day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 12,1984.
GEORGIA LAWS 1984 SESSION
4041
ROCKDALE COUNTY BOARD OF COMMISSIONERS -- COMPENSATION OF MEMBERS.
No. 724 (House Bill No. 1423).
AN ACT
To amend an Act creating a board of commissioners for Rockdale County, approved March 4,1977 (Ga. L. 1977, p. 2817), as amended, particularly by an Act approved March 18, 1980 (Ga. L. 1980, p. 3496) and an Act approved April 13,1982 (Ga. L. 1982, p. 4845), so as to change the compensation of the chairman and the other members of the board of commissioners; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating a board of commissioners for Rockdale County, approved March 4,1977 (Ga. L. 1977, p. 2817), as amended, particularly by an Act approved March 18, 1980 (Ga. L. 1980, p. 3496) and an Act approved April 13, 1982 (Ga. L. 1982, p. 4845), is amended by striking subsection (a) of Section 7 in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Commissioners, other than the chairman, shall be paid as their entire compensation for services as same, the sum of $4,919.00 per annum, payable monthly, to be paid out of the county treasury upon warrants drawn upon the county treasury. The chairman shall receive as his entire compensation for services as same the sum of $26,646.00 per annum, payable monthly, also to be paid out of the county treasury upon warrants drawn upon the county treasury. Except as otherwise provided by subsections (b) and (c) hereof, the salary so fixed shall constitute the entire compensation from all public sources to which said chairman and other commissioners shall
4042 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
be entitled. The chairman and other commissioners shall not be entitled to any further compensation for serving on any other boards or authorities by virtue of their office."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1984 session of the General Assembly of Georgia a bill to amend an Act creating a board of commissioners for Rockdale County, approved March 4,1977 (Ga. L. 1977, p. 2817), as amended, so as to change the compensation of the chairman and other members of the board; and for other purposes.
This 20th day of January, 1984.
Troy A. Athon Representative, 57th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Troy A. Athon, who, on oath, deposes and says that he is Representative from the 57th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Rockdale Citizen which is the official organ of Rockdale County, on the following date: January 26,1984.
/s/ Troy A. Athon Representative, 57th District
GEORGIA LAWS 1984 SESSION
Sworn to and subscribed before me, this 31st day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 12,1984.
4043
OCONEE COUNTY -- JUDGE OF PROBATE COURT DESIGNATED AS CHIEF MAGISTRATE.
No. 725 (House Bill No. 1427).
AN ACT
To provide that the judge of the Probate Court of Oconee County shall serve as chief magistrate of the Magistrate Court of Oconee County; to provide that the current chief magistrate shall continue to serve until the expiration of his term of office; to provide for the term, filling of vacancies, and compensation of the chief magistrate; 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 local prerogatives authorized by Chapter 10 of Title 15 of the O.C.G.A.
Section 2. (a) The chief magistrate of the Magistrate Court of Oconee County serving on the effective date of this Act shall continue to serve until the expiration of his term of office. On and after January 1, 1985, the judge of the Probate Court of Oconee County shall serve as chief magistrate of the Magistrate Court of Oconee County. There shall be no separate election for the office of chief
4044 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
magistrate. The term of the chief magistrate shall be concurrent with the term of the judge of the probate court. In the event of a vacancy, the person assuming the position of judge of the probate court shall additionally assume the position of chief magistrate.
(b) The probate judge, for his services as chief magistrate, shall be compensated in the amount of $200.00 per month by the governing authority of Oconee County, payable in equal monthly installments out of the funds of the 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 1984 session of the General Assembly of Georgia a bill to provide for the selection, terms of office, filling of vacancies, and compensation of the Chief Magistrate of the Magistrate Court of Oconee County; to provide for legislative intent; and for other purposes.
This 23rd day of January, 1984.
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 date: January 26, 1984.
GEORGIA LAWS 1984 SESSION
/s/ E. Roy Lambert Representative, 66th District
Sworn to and subscribed before me, this 30th day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 12,1984.
4045
FAYETTE COUNTY -- COMPENSATION OF CORONER.
No. 726 (House Bill No. 1435).
AN ACT
To amend an Act placing the coroner of Fayette County on a salary in lieu of the fee system of compensation, approved March 13, 1978 (Ga. L. 1978, p. 3119) and as amended by an Act approved April 6,1981 (Ga. L. 1981, p. 4284), so as to change the compensation of the coroner; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act placing the coroner of Fayette County on a salary in lieu of the fee system of compensation, approved March 13, 1978 (Ga. L. 1978, p. 3119) and as amended by an Act approved April 6,1981 (Ga. L. 1981, p. 4284), is amended by striking from Section 1 the following:
4046 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
"$400.00",
and inserting in lieu thereof the following:
"$600.00",
so that when so amended Section 1 shall read as follows:
"Section 1. Any other provision of law to the contrary notwithstanding, the coroner of Fayette County is hereby placed on a salary in lieu of the fee system of compensation. Such coroner shall be compensated in the amount of $600.00 per month to be paid from the funds of the county. Such compensation shall be in lieu of all fees, costs, commissions, allowances, monies and all other emoluments and perquisites of whatever kind which shall be allowed the coroner of such county. All such fees, costs, commissions, allowances, monies and all other emoluments and perquisites of whatever kind shall be the property of the county and shall be paid to the fiscal officer of the county at least once a month. The coroner of such county is hereby authorized to appoint one or more deputy coroners with the approval of the governing authority of such county and to assign such duties, powers and responsibilities to such deputy coroners as he shall determine advisable. Such deputy coroner shall be compensated in an amount to be fixed by the governing authority of the county."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Notice of Intent to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1984 Session of the General Assembly of Georgia a local act to raise the compensation of the Coroner of Fayette County; to provide an effective date; to repeal conflicting laws; and for other purposes.
William R. McNally County Attorney, Fayette County
GEORGIA LAWS 1984 SESSION Publisher's Affidavit.
4047
Georgia, Fayette County.
Personally appeared before the undersigned officer authorized by law to administer oaths, the publisher of the Fayette County News or an employee of said newspaper designated by the publisher, said newspaper being a publication in Fayette County, Georgia, and being of general circulation and being the legal organ of Fayette County, who certifies that the legal notice of intention to apply for local legislation was duly published, as required by law, said date of publication being Wednesday, January 18, 1984.
/s/ Gary L. Cornwell
Sworn to and subscribed before me, this 20th day of January, 1984.
/s/ Helen S. Teague Notary Public. (Seal).
Approved March 12,1984.
STATE COURT OF TROUP COUNTY -- DRAWING, SUMMONING AND IMPANELING JURORS. No. 727 (House Bill No. 1397). AN ACT
To amend an Act creating the State Court of Troup County
4048 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(formerly the Civil and Criminal Court of Troup County), approved March 6,1962 (Ga. L. 1962, p. 3020), as amended, particularly by an Act approved April 12, 1982 (Ga. L. 1982, p. 4350), so as to change certain provisions relative to jurors; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the State Court of Troup County (formerly the Civil and Criminal Court of Troup County), approved March 6,1962 (Ga. L. 1962, p. 3020), as amended, particularly by an Act approved April 12, 1982 (Ga. L. 1982, p. 4350), is amended by striking the second paragraph of Section 24 and inserting in lieu thereof a new second paragraph of said section to read as follows:
"All laws in reference to drawing, summoning, and impaneling traverse jurors in the superior courts shall apply to the Civil and Criminal Court of Troup County; provided, however, that the jury in misdemeanor criminal trials shall be composed of six persons; and the judge of said court shall have the power to summon tales jurors for the Civil and Criminal Court of Troup County as the judges of the superior courts have for the superior courts. Jurors in said Civil and Criminal Court of Troup County shall receive the same pay and be paid in the same manner and under the same rules and regulations as jurors are, or may be hereafter, paid in the superior courts. The number of jurors that may be drawn to serve in said Civil and Criminal Court of Troup County shall be in the discretion of the judge 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 1984 session of the General Assembly of Georgia a bill to amend an Act creating the State Court of Troup County (formerly the Civil and
GEORGIA LAWS 1984 SESSION
4049
Criminal Court of Troup County), approved March 6, 1962 (Ga. L. 1962, p. 3020), as amended, so as to change provisions relative to jurors; and for other purposes.
This 23rd day of January, 1984.
V. Hawley Smith Chairman, Troup County Board of Commissioners
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ed Mullinax, who, on oath, deposes and says that he is Representative from the 81st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the LaGrange Daily News which is the official organ of Troup County, on the following date: January 24,1984.
/s/ Ed Mullinax Representative, 81st District
Sworn to and subscribed before me, this 27th day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 12,1984.
4050 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
BOARD OF EDUCATION OF BAKER COUNTY -- COMPENSATION OF CHAIRMAN AND MEMBERS
OF BOARD.
No. 728 (House Bill No. 1438).
AN ACT
To amend an Act to provide compensation for the members of the board of education of Baker County, approved March 21, 1958 (Ga. L. 1958, p. 2814), as amended, so as to change the compensation of the chairman and 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 to provide compensation for the members of the board of education of Baker County, approved March 21, 1958 (Ga. L. 1958, p. 2814), as amended, is amended by striking Section 1 in its entirety and substituting in lieu thereof a new Section 1 to read as follows:
"Section 1. Each member of the board of education of Baker County shall be compensated in the amount of $100.00 for each meeting of the board, except that the chairman of the board shall be compensated in the amount of $125.00 for each meeting of the board. The compensation of the members and chairman of the board shall be payable from the funds of the board."
Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that pursuant to a resolution adopted on January 10,1984, by the Baker County Board of Education there will
GEORGIA LAWS 1984 SESSION
4051
be introduced at the regular 1984 session of the General Assembly of Georgia a bill to amend an Act providing for the compensation for members of the board of education of Baker County, approved March 21,1958 (Ga. L. 1958, p. 2814), so as to change the compensation of the chairman and members of the said board; and for other purposes.
This 19th day of January, 1984.
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 Camilla Enterprise which is the official organ of Baker County, on the following date: January 25, 1984.
/s/ Ralph J. Balkcom Representative, 140th District
Sworn to and subscribed before me, this 31st day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 12,1984.
4052 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
STATE COURT OF FULTON COUNTY -- OFFICE OF CHIEF CLERK CREATED, ETC.
No. 729 (House Bill No. 1247).
AN ACT
To amend an Act creating a State Court of Fulton County by consolidating the Criminal Court of Fulton County and the Civil Court of Fulton County, approved March 24, 1976 (Ga. L. 1976, p. 3023), as amended, particularly by an Act approved April 6,1981 (Ga. L. 1981, p. 3267), so as to abolish a separate office of clerk of the criminal division of said court; to provide for the chief clerk of said court to serve as the clerk of the civil and criminal divisions; to provide for deputy clerks; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating a State Court of Fulton County by consolidating the Criminal Court of Fulton County and the Civil Court of Fulton County, approved March 24, 1976 (Ga. L. 1976, p. 3023), as amended, particularly by an Act approved April 6,1981 (Ga. L. 1981, p. 3267), is amended by striking from the last sentence of Section 7 thereof the word "or" and inserting in lieu thereof the word "and", and by striking from said sentence the words "but not in both positions", so that when so amended Section 7 shall read as follows:
"Section 7. There shall be a chief clerk of the State Court of Fulton County who shall be responsible for the operation of the civil and criminal divisions of the clerk's office. In addition, the chief clerk of the State Court of Fulton County shall also be the administrator for said court, with such administrative duties and responsibilities as shall be assigned to him by the chief judge of said court. The chief clerk shall be elected by the judges of the court from among the
GEORGIA LAWS 1984 SESSION
4053
qualified electors and residents of Fulton County. The chief clerk shall receive such compensation as may be fixed by the Board of Commissioners of Fulton County. The chief clerk shall have such powers and duties as may be prescribed by the judges of the state court. Such chief clerk shall also serve as the clerk of the civil division of the court and as clerk of the criminal division of the court."
Section 2. Said Act is further amended by striking Section 8 in its entirety and substituting in lieu thereof a new Section 8 to read as follows:
"Section 8. The chief clerk of the State Court of Fulton County shall appoint deputy and assistant clerks of the civil division of said court, who shall have the same jurisdiction, power, and authority as was reposed in the deputy and assistant clerks of the Civil Court of Fulton County. He shall also appoint deputy and assistant clerks of the criminal division of the State Court of Fulton County who shall have the same jurisdiction, power, and authority as was reposed in the deputy or assistant clerk of the Criminal Court 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 1984 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. Laws 1976, page 3023), as amended, and for other purposes.
This 3rd day of January, 1984.
John Tye Ferguson Associate County Attorney, Fulton County
4054 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Publisher's Affidavit.
Georgia, Fulton County.
Before me, the undersigned, a Notary Public, this day personally came Earl H. Higgins, 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 3rd day of January, 1984. As provided by law.
/s/ Earl H. Higgins
Subscribed and sworn to before me, this 6th day of January, 1984.
/s/ April M. Elmore Notary Public, Georgia State at Large. My Commission Expires February 17, 1986. (Seal).
Approved March 12,1984.
SUPERIOR COURT OF McINTOSH COUNTY -- GRAND JURIES -- DRAWING AND LENGTH OF TERMS. No. 730 (House Bill No. 1254). AN ACT
To amend an Act providing for the holding of four terms each year
GEORGIA LAWS 1984 SESSION
4055
of the Superior Court of McIntosh County, approved March 8,1945 (Ga. L. 1945, p. 1023), so as to provide for the drawing of grand juries and the length of terms of said grand juries; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act providing for the holding of four terms each year of the Superior Court of McIntosh County, approved March 8, 1945 (Ga. L. 1945, p. 1023), is amended by striking Section 2 and Section 3 of said Act, which read as follows:
"Section 2. That the terms of said court shall begin and be held on the fourth Mondays in February, May (sic) and the second Monday in September and the first Monday in December of each year.
Section 3. That both trial and grand jurors shall be drawn for the terms of said court convening on the fourth Monday in May and the first Monday in December of each year. The terms held on the fourth Monday in February and 2nd of September (sic) are to be nonjury terms. The presiding judge may, in his discretion, draw and require the attendance of a trial jury, or a trial jury and grand jury at either or both of the terms of said court convening on the fourth Mondays in February and 2nd of September (sic), which said trial jury, or trial jury and grand jury for the February and September terms shall pass upon such questions only as are particularly referred to such trial jury or grand jury for action and attention by the presiding judge.",
and inserting in lieu thereof new Sections 2 and 3 to read as follows:
"Section 2. The terms of the Superior Court of McIntosh County shall begin on the fourth Monday in February, the fourth Monday in May, the second Monday in September, and the first Monday in December of each year.
Section 3. A grand jury shall be drawn for the May term of the Superior Court of McIntosh County and for the December term of said court. The grand jury impaneled shall remain in session unless otherwise discharged before the next grand jury convenes. In all
4056 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
other respects, the selection and service of grand jurors in the Superior Court of McIntosh County shall be as provided 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 1984 session of the General Assembly of Georgia a bill to amend an Act providing for the holding of four terms each year of the Superior Court of McIntosh County, approved March 8,1945 (Ga. L. 1945, p. 1023), so as to provide for the drawing of grand juries and the length of terms of said grand juries; and for other purposes.
This 10th day of January, 1984.
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 Legislation was published in the Darien News which is the official organ of McIntosh County, on the following date: January 19,1984.
/s/ Dean G. Auten Representative, 156th District
GEORGIA LAWS 1984 SESSION
Sworn to and subscribed before me, this 23rd day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 12,1984.
4057
PROBATE COURT OF BLECKLEY COUNTY -- COMPENSATION OF JUDGE.
No. 731 (House Bill No. 1255).
AN ACT
To amend an Act fixing the salaries of certain county officers of Bleckley County, approved February 10,1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2196), as amended, so as to change the provisions relative to the compensation of the Judge of the Probate Court of Bleckley 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 fixing the salaries of certain county officers of Bleckley County, approved February 10,1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2196), as amended, is amended by striking subsection (a) of Section 3 in its entirety and substituting in lieu thereof a new subsection (a) to read as follows:
"(a) The Judge of the Probate Court of Bleckley County shall receive the salary provided for by Code Sections 15-9-63,15-9-64, and 15-9-65 of the O.C.G.A. for judges of the probate courts of counties with populations which include the population of Bleckley County."
4058 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 1984 session of the General Assembly of Georgia a bill to amend an Act fixing the salaries of certain county officers of Bleckley County, approved February 10,1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2196), as amended, and for other purposes.
This 10th day of January, 1984.
Newt Hudson Representative, 117th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Newt Hudson, who, on oath, deposes and says that he is Representative from the 117th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Cochran Journal which is the official organ of Bleckley County, on the following date: January 19,1984.
/s/ Newt Hudson Representative, 117th District
GEORGIA LAWS 1984 SESSION
Sworn to and subscribed before me, this 23rd day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 12,1984.
4059
COLUMBUS, GEORGIA -- APPOINTMENT OF CLERKS AND CLERKS PRO TEMPORE OF RECORDER'S COURT.
No. 732 (House Bill No. 1261).
AN ACT
To amend an Act providing a charter for the county-wide government of Columbus, Georgia, approved October 5,1971 (Ga. L. 1971, Ex. Sess., p. 2007), as amended, so as to change certain provisions regarding the appointment of clerks and clerks pro tempore of the recorder's court; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
. Section 1. An Act providing a charter for the county-wide government of Columbus, Georgia, approved October 5,1971 (Ga. L. 1971, Ex. Sess., p. 2007), as amended, is amended by striking Section 5-605 thereof, which reads as follows:
"Section 5-605. Rules; Procedures; Personnel. The Council shall by ordinance fix rules and regulations governing the time, place and number of sessions of the court. The court shall have a Clerk and one or more Clerks Pro Tern, to be appointed by the Chief of Police. The Clerk or Clerk Pro Tem. shall prepare the court dockets, maintain all court records, and serve as the court's chief administrative officer.",
4060 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
and inserting in its place a new Section 5-605 to read as follows:
"Section 5-605. Rules; Procedures; Personnel. The Council shall by ordinance fix rules and regulations governing the time, place, and number of sessions of the court. The court shall have a clerk and one or more clerks pro tempore who shall prepare the court dockets, maintain all court records, and serve as the court's chief administrative officer."
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, 1984, for the passage of an Act amending the Charter of Columbus, Georgia, so as to change certain provisions regarding the appointment of clerks and clerks pro tempore of the recorder's court.
E. H. Polleys, Jr. City Attorney 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 Enquirer which is the official organ of Muscogee County, on the following date: December 21,1983.
/s/ Milton Hirsch Representative, 96th District
GEORGIA LAWS 1984 SESSION
Sworn to and subscribed before me, this 23rd day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 12,1984.
4061
MAGISTRATE COURT OF MURRAY COUNTY -- SELECTION OF MAGISTRATES -- COMPENSATION.
No. 733 (House Bill No. 1259).
AN ACT
To make provisions for the Magistrate Court of Murray County; to specify the number of magistrates for the county; to provide for the method of selection of the magistrates; to provide for the compensation of the magistrates; 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 Murray County shall be a chief magistrate and two additional magistrates.
Section 2. (a) The chief magistrate may reside anywhere within Murray County and shall be elected at the 1984 general election and quadrennially thereafter in the same manner as county officers are elected. The other magistrates shall likewise be elected in the same manner as county officers at the 1984 general election and quadrennially thereafter but shall be required to meet the residency qualifications of this section. One magistrate shall be elected as the magistrate
4062 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
from Post No. 1 and the other shall be elected as the magistrate from Post No. 2. Each of such magistrates shall be elected at large by all the qualified voters of Murray County; but the magistrate from Post No. 1 must be a resident of District No. 1, described as follows, and the magistrate from Post No. 2 must be a resident of District No. 2, described as follows:
District No. 1
Murray Tract 9901 Tract 9902 Block 301 Tract 9903 Blocks 101 through 123, 136 through 141, 145, and 148 through 150
District No. 2
Murray Tract 9902 Block Group 2 Blocks 302 through 316 Block Group 4 Tract 9903 Blocks 124 through 128, 130 through 135, 151 through 179, and 183 Block Group 2 Blocks 301 through 309 and 311 through 323
(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) Any part of Murray 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-
GEORGIA LAWS 1984 SESSION
4063
tion according to the United States decennial census of 1980 for the State of Georgia.
Section 3. The chief magistrate shall receive a minimum annual salary as specified by general law and such supplement, if any, as may be fixed by the county governing authority. Each other magistrate shall receive for each day of service in which he is designated to be on duty by the chief magistrate a salary equal to one three hundred and sixty-fifth of the total of the annual salary and supplement, if any, received by the chief magistrate, but the other magistrates shall not receive such compensation for more than ten combined days of service for any month for both magistrates unless the chief magistrate is disabled, in which event the compensation of the other magistrates during that disability shall be as fixed by the chief magistrate and the county governing authority. This section shall not prohibit a magistrate from performing any of the duties of his office on a day in which he is not designated to be on duty by the chief magistrate, but a magistrate shall not receive any compensation for duties so performed.
Section 4. This Act shall become effective January 1, 1985, except that the provisions of this Act necessary for the election of the chief magistrate and other magistrates in 1984 shall become effective upon the approval of this Act 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 1984 session of the General Assembly of Georgia a bill to make provisions for the Magistrate Court of Murray County; to specify the number of magistrates for the county; to provide for the method of selection of the magistrates; to provide for the compensation of the magistrates; to provide for related matters; and for other purposes.
This 16 day of January, 1984.
4064 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Tom Ramsey
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 date: January 19,1984.
/s/ Tom Ramsey Representative, 3rd District
Sworn to and subscribed before me, this 23rd day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 12,1984.
COLUMBUS, GEORGIA -- REQUIREMENTS REGARDING MEMBERSHIP OF BOARDS AND COMMISSIONS. No. 734 (House Bill No. 1263). AN ACT
To amend an Act providing a charter for the county-wide govern-
GEORGIA LAWS 1984 SESSION
4065
ment of Columbus, Georgia, approved October 5, 1971 (Ga. L. 1971, Ex. Sess., p. 2007), as amended, so as to change certain requirements regarding the membership of certain boards, commissions, and authorities; 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., p. 2007), as amended, is amended by striking the first sentence of subsection (1) of Section 4-103, which reads as follows:
"Except as otherwise provided by this Charter or applicable State law, all boards, commissions and authorities of the consolidated government shall be composed of five (5) members.",
and inserting in its place a new first sentence to read as follows:
"Except as otherwise provided by this charter or applicable state law, all boards, commissions and authorities of the consolidated government shall be composed of five (5) members; the requirement of five (5) members will apply only to those boards, commissions and authorities which are listed in Article IV of this charter, and membership can be either more or less than five (5) when authorized by state law or a separate provision of this charter or by ordinance of the Columbus Council creating boards, commissions or authorities not enumerated in Article IV of this charter."
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, 1984, for the passage of an Act amending the Charter of Columbus, Georgia, so as to change certain requirements regarding the membership of certain boards, commissions, and authorities.
4066 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
E. H. Polleys, Jr. City Attorney, 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 Enquirer which is the official organ of Muscogee County, on the following date: December 21,1983.
/s/ Milton Hirsch Representative, 96th District
Sworn to and subscribed before me, this 23rd day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 12,1984.
GEORGIA LAWS 1984 SESSION
4067
BOARD OF COMMISSIONERS OF CRISP COUNTY -- COMPENSATION OF COMMISSIONERS.
No. 735 (House Bill No. 1269).
AN ACT
To amend an Act creating a board of commissioners for Crisp County, approved August 6,1908 (Ga. L. 1908, p. 295), as amended, so as to change the provisions relating to the compensation of the 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 Crisp County, approved August 6,1908 (Ga. L. 1908, p. 295), as amended, is amended by striking Section 7 in its entirety and substituting in lieu thereof a new Section 7 to read as follows:
"Section 7. The members of the board of commissioners other than the chairman shall be compensated in the amount of $300.00 per month. The chairman shall be compensated in the amount of $400.00 per month. The members and chairman of the board of commissioners shall be reimbursed for actual and necessary expenses incurred by them when traveling exclusively in the interest of the county, in their capacity as commissioners."
Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1984 session of the General Assembly of Georgia a bill to amend an
4068 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Act creating a board of commissioners for Crisp County, approved August 6, 1908 (Ga. L. 1908, p. 295), as amended; and for other purposes.
This 16th day of January, 1984.
William Davis, Jr. Chairman, Crisp County Commissioners
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Howard H. Rainey, who, on oath, deposes and says that he is Representative from the 135th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Cordele Dispatch which is the official organ of Crisp County, on the following date: January 19, 1984.
/s/ Howard H. Rainey Representative, 135th District
Sworn to and subscribed before me, this 23rd day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 12,1984.
GEORGIA LAWS 1984 SESSION
4069
BOARD OF COMMISSIONERS OF DOUGLAS COUNTY -- COMPENSATION OF CHAIRMAN.
No. 736 (House Bill No. 1282).
AN ACT
To amend an Act creating the board of commissioners of Douglas County, approved February 15, 1952 (Ga. L. 1952, p. 2703), as amended, particularly by an Act approved April 1,1980 (Ga. L. 1980, p. 4371), so as to change the compensation of the chairman of the board of commissioners; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the board of commissioners of Douglas County, approved February 15,1952 (Ga. L. 1952, p. 2703), as amended, particularly by an Act approved April 1, 1980 (Ga. L. 1980, p. 4371), is amended by striking Section 7 in its entirety and inserting in lieu thereof a new Section 7 to read as follows:
"Section 7. The compensation of the chairman of the board shall be $36,000.00 per annum, to be paid in equal monthly installments from the general funds of Douglas County. He shall be paid for his expenses incurred on official business for the county not to exceed $300.00 per month. The other two members of the board shall be compensated in the amount of $7,200.00 per annum, payable in equal monthly installments, and they shall be paid for expenses incurred on official business for the county not to exceed $300.00 per month. The expenses of all board members shall be subject to the approval of the entire board."
Section 2. This Act shall become effective January 1,1985.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
4070 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 1984 session of the General Assembly of Georgia a bill to amend an Act creating the board of commissioners of Douglas County, approved February 15,1952 (Ga. L. 1952, p. 2703), as amended, particularly by an Act approved April 1, 1980 (Ga. L. 1980, p. 4871); and for other purposes.
This 3rd day of January, 1984.
Thomas M. Kilgore Representative, 42nd District
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 date: January 12,1984. `
/s/ Thomas M. Kilgore Representative, 42nd District
GEORGIA LAWS 1984 SESSION
Sworn to and subscribed before me, this 24 day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 12,1984.
4071
SUPERIOR COURT OF BLECKLEY COUNTY -- COMPENSATION OF CLERK.
No. 737 (House Bill No. 1287).
AN ACT
To amend an Act placing the clerk of the Superior Court of Bleckley County upon an annual salary, approved April 3,1969 (Ga. L. 1969, p. 3312), as amended, so as to change the provisions relative to the compensation of said officer; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act placing the clerk of the Superior Court of Bleckley County upon an annual salary, approved April 3,1969 (Ga. L. 1969, p. 3312), as amended, is amended by striking subsection (a) of Section 3 in its entirety and substituting in lieu thereof a new subsection (a) to read as follows:
"(a) The clerk of the Superior Court of Bleckley County shall receive an annual salary of $18,622.00 which shall be paid in equal monthly installments from the funds of Bleckley County."
4072 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 1984 session of the General Assembly of Georgia a bill to amend an Act placing the clerk of the Superior Court of Bleckley County on an annual salary, approved April 13, 1969 (Ga. L. 1969, p. 3312), as amended, and for other purposes.
This 10th day of January, 1984.
Newt Hudson Representative, 117th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Newt Hudson, who, on oath, deposes and says that he is Representative from the 117th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Cochran Journal which is the official organ of Bleckley County, on the following date: January 19,1984.
/s/ Newt Hudson Representative, 117th District
GEORGIA LAWS 1984 SESSION
Sworn to and subscribed before me, this 23rd day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 12,1984.
4073
BOARD OF COMMISSIONERS OF SEMINOLE COUNTY -- BOUNDARIES OF COMMISSIONERS' DISTRICTS.
No. 738 (House Bill No. 1298).
AN ACT
To amend an Act establishing a board of commissioners for Seminole County, approved August 16,1920 (Ga. L. 1920, p. 610), as amended, so as to change the boundaries of commissioners' districts; 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 for Seminole County, approved August 16,1920 (Ga. L. 1920, p. 610), 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 Board of Commissioners 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 commissioner districts as follows:
4074 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
County Commissioner 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 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 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; 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 Seminole 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 County Commissioner District No. 1.
County Commissioner District No. 2: 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 (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 intersects with East Sixth Street; then travels Westerly along the center of East Sixth Street until it intersects with Tallman Avenue; then travels Southerly along the center of Tallman Avenue until it intersects with Porterville Drain; then travels Southerly along the center of Porterville Drain until it intersects with Georgia Highway 39 (Tennille Avenue); then travels Southerly along the center of Georgia Highway 39 (Tennille Avenue) until it 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
GEORGIA LAWS 1984 SESSION
4075
Easterly along the Northern boundary of Seminole County until it intersects with Georgia Highway 91; at a point of beginning of County Commissioner District No. 2.
County Commissioner 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 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 intersects with East Sixth Street; then travels Westerly along the center of East Sixth Street until it intersects with Tallman Avenue; then travels Southerly along the center of Tallman Avenue until it intersects with Porterville Drain; then travels Southerly along the center of Porterville Drain until it intersects with Georgia Highway 39 (Tennille Avenue); then travels Southerly along the center of Georgia Highway 39 (Tennille Avenue) until it intersects with the Southern boundary of the City of Donalsonville; then travels Easterly 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 the City of Donalsonville until it intersects with Georgia Highway 91 (Tennille Avenue) at the point of beginning of County Commissioner District No. 3.
County Commissioner 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 travels Northerly along the center of County Road 25 until it intersects with County Road 47; then travels Northeasterly along the center of County Road 47 until it intersects with County Road 46; then travels Northeasterly along the
4076 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
center of County Road 47 until it intersects with County Road 46; then travels Northeasterly along the center of County Road 46 until it intersects with County Highway 220; then travels Southerly along the center of County Highway 220 until it intersects with County Road 22; then travels Easterly along the center of County Road 22 until it intersects with County Highway 12; then travels Southerly along the center of County Highway 12 until it intersects with County Road 13; then travels Easterly along the center of County Road 13 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 County Commissioner District No. 4.
County Commissioner 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 travels Northerly along the center of County Road 25 until it intersects with County Road 47; then travels Northeasterly along the center of County Road 47 until it intersects with County Road 46; then travels Northeasterly along the center of County Road 46 until it intersects with County Highway 220; then travels Southerly along the center of County Highway 220 until it intersects with County Road 22; then travels Easterly along the center of County Road 22 until it intersects with County Highway 12; then travels Southerly along the center of County Highway 12 until it intersects with County Road 13; then travels Easterly along the center of County Road 13 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 Jim Woodruff Reservoir where the Apalachicola River begins; then travels Northerly along the Western boundary of Seminole County until it joins the point of beginning County Commissioner District No. 5."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
GEORGIA LAWS 1984 SESSION
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Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1984 session of the General Assembly of Georgia a bill to amend an Act establishing a board of commissioners for Seminole County, approved August 16, 1920 (Ga. L. 1920, p. 610), as amended; and for other purposes.
This 19th day of December, 1983.
Walter E. Cox Representative, 141st District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Walter E. Cox, who, on oath, deposes and says that he is Representative from the 141st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Donalsonville News which is the official organ of Seminole County, on the following date: December 29,1983.
/s/ Walter E. Cox Representative, 141st District
Sworn to and subscribed before me, this 24th day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 12,1984.
4078 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
BOARD OF COMMISSIONERS OF PAULDING COUNTY -- COMPENSATION OF CHAIRMAN.
No. 739 (House Bill No, 1306).
AN ACT
To amend an Act creating the board of commissioners of Paulding County, approved April 17,1975 (Ga. L. 1975, p. 2916), as amended, particularly by an Act approved March 24, 1978 (Ga. L. 1978, p. 4458), so as to change the compensation of the chairman of the board of commissioners; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the board of commissioners of Paulding County, approved April 17,1975 (Ga. L. 1975, p. 2916), as amended, particularly by an Act approved March 24, 1978 (Ga. L. 1978, p. 4458), is amended by striking subsection (a) of Section 8 in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The Chairman shall receive a salary of $28,000.00 per annum, payable monthly. The other Commissioners shall each receive a salary of $3,600.00 per annum, payable monthly, and shall also each receive a local expense allowance of $1,400.00 per annum, payable in equal monthly installments. All compensation provided for in this Section shall be paid from county funds. Except as otherwise provided in subsection (b) of this Section, the compensation provided herein shall constitute the entire compensation from all public sources to which the Chairman or either Commissioner shall be entitled. The Chairman and other Commissioners shall not be entitled to any further compensation for serving on any boards or authorities by virtue of their office."
GEORGIA LAWS 1984 SESSION
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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 of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1984 Session of the General Assembly of Georgia an act to Amend an Act creating the Board of Commissioners of Paulding County, approved April 17, 1975 (Ga. Law 1975, Page 2916), as heretofore amended, and for other purposes.
L. Charles Watts Representative
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charlie Watts, who, on oath, deposes and says that he is Representative from the 41st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Dallas New Era which is the official organ of Paulding County, on the following date: January 19,1984.
/s/ Charlie Watts Representative, 41st District
4080 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 25th day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 12,1984.
TAX COMMISSIONER OF JONES COUNTY -- COMPENSATION OF COMMISSIONER AND PERSONNEL.
No. 740 (House Bill No. 1320).
AN ACT
To amend an Act consolidating the offices of tax receiver and tax collector of Jones County into the office of tax commissioner of Jones County, approved March 14, 1983 (Ga. L. 1983, p. 3830), so as to change provisions relating to the compensation of the tax commissioner and the tax commissioner's personnel; 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 consolidating the offices of tax receiver and tax collector of Jones County into the office of tax commissioner of Jones County, approved March 14, 1983 (Ga. L. 1983, p. 3830), is amended by adding at the end of subsection (b) of Section 5 the following:
"If, however, the compensation of county employees is increased by an average percentage less than 3 percent, then the salary of the
GEORGIA LAWS 1984 SESSION
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tax commissioner shall at such time be increased by not less than 3 percent.",
so that when so amended said subsection (b) of Section 5 shall read as follows:
"(b) Unless the governing authority of Jones County grants greater increases pursuant to subsection (a) of this section, on and after January 1,1986, 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. If, however, the compensation of county employees is increased by an average percentage less than 3 percent, then the salary of the tax commissioner shall at such time be increased by not less than 3 percent."
Section 2. Said Act is further amended by adding after the third sentence of Section 7 the following:
"Unless the governing authority of Jones County grants greater increases pursuant to the preceding sentence, 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 salaries of the employees of the tax commissioner, and the salaries of such employees of the tax commissioner shall be increased by such average percentage.",
and by striking from the last sentence of Section 7 the following:
"to fix their compensation,",
so that when so amended said Section 7 shall read as follows:
"Section 7. The tax commissioner shall have the authority to employ three or four, at the discretion of the tax commissioner, fulltime 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-
4082 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
rized to increase such salaries from time to time as it deems appropriate. Unless the governing authority of Jones County grants greater increases pursuant to the preceding sentence, 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 salaries of the employees of the tax commissioner, and the salaries of such employees of the tax commissioner shall be increased by such average percentage. 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 the tax commissioner's term of office, to designate and name the person or persons who shall be employed, to prescribe their duties and assignments, and to remove or replace any of such employees at will and within the tax commissioner's sole discretion."
Section 3. This Act shall become effective 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 1984 session of the General Assembly of Georgia a bill to amend an Act consolidating the offices of tax receiver and tax collector of Jones County into the office of tax commissioner of Jones County, approved March 14, 1983 (Ga. L. 1983, p. 3830), so as to change provisions relating to the compensation of the tax commissioner and the tax commissioner's personnel; to provide for related matters; to provide an effective date; and for other purposes.
This 5th day of January, 1984.
Kenneth Birdsong
GEORGIA LAWS 1984 SESSION Georgia, Fulton County.
4083
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 date: January 12, 1984.
/s/ Kenneth W. Birdsong Representative, 104th District
Sworn to and subscribed before me, this 16th day of January, 1984.
/s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 28, 1984. (Seal).
Approved March 12,1984.
JONES COUNTY -- COMPENSATION OF PROBATE JUDGE AND PROBATE COURT PERSONNEL. No. 741 (House Bill No. 1321). AN ACT
To amend an Act abolishing the fee system of compensating the
4084 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
judge of the Probate Court of Jones County and providing in lieu thereof an annual salary, approved March 25, 1976 (Ga. L. 1976, p. 2796), as amended, particularly by an Act approved March 21, 1980 (Ga. L. 1980, p. 3628) and an Act approved March 14, 1983 (Ga. L. 1983, p. 4051), so as to change provisions relating to the compensation of the judge of probate court and the judge's personnel; 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 abolishing the fee system of compensating the judge of the Probate Court of Jones County and providing in lieu thereof an annual salary, approved March 25, 1976 (Ga. L. 1976, p. 2796), as amended, particularly by an Act approved March 21, 1980 (Ga. L. 1980, p. 3628) and an Act approved March 14, 1983 (Ga. L. 1983, p. 4051), is amended by designating the existing text of Section 2 as subsection (a) and adding thereafter a new subsection (b) to read as follows:
"(b) The governing authority of Jones County shall be authorized to increase the salary of the judge of the probate court from time to time as it deems appropriate. Unless the governing authority of Jones County grants a greater increase pursuant to the preceding sentence, 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 judge of probate court, and the salary of said judge of probate court shall be increased by such average percentage. If, however, the compensation of county employees is increased by an average percentage less than 3 percent, then the salary of the judge of probate court shall at such time be increased by not less than 3 percent. ",
so that when so amended said Section 2 shall read as follows:
"Section 2. (a) 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, further, that effective January 1,1984, the judge of the probate court
GEORGIA LAWS 1984 SESSION
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shall receive an annual salary of $22,500.00, payable in equal monthly installments from county funds.
(b) The governing authority of Jones County shall be authorized to increase the salary of the judge of the probate court from time to time as it deems appropriate. Unless the governing authority of Jones County grants a greater increase pursuant to the preceding sentence, on or 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 judge of probate court, and the salary of said judge of the probate court shall be increased by such average percentage. If, however, the compensation of county employees is increased by an average percentage less than 3 percent, then the salary of the judge of probate court shall at such time be increased by not less than 3 percent."
Section 2. Said Act is further amended by adding after the third sentence of Section 4 the following:
"Unless the board of commissioners approves a higher salary pursuant to the preceding sentence, when the board of commissioners 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 salaries of the employees of the judge of the probate court, and the salaries of such employees of the judge of probate court shall be increased by such average percentage.",
so that when so amended said Section 4 shall read as follows:
"Section 4. The judge of the probate court shall have the authority to appoint two clerks. In addition to such clerks, the judge of the probate court shall have the authority to appoint additional clerks upon the approval of the board of commissioners of Jones County. Each clerk shall be compensated in an amount to be fixed by the judge of the probate court with the approval of the board of commissioners of Jones County, but such compensation shall not be less than $400.00 per month for each clerk so employed. Unless the board of commissioners approves a higher salary pursuant to the preceding sentence, when the board of commissioners grants a costof-living increase in the compensation of county employees, the
4086 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
average percentage by which the compensation of county employees is increased shall be applied to the then current salaries of the employees of the judge of the probate court, and the salaries of such employees of the judge of probate court shall be increased by such average percentage. Compensation for clerks shall be payable in equal weekly installments. It shall be within the sole power and authority of the judge of the probate court, during the judge's term of office, to designate and name the persons who shall be employed as clerks, to prescribe the duties and assignments of such clerks, and to remove and replace such clerks at will and within the judge's sole discretion."
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1984 session of the General Assembly of Georgia a bill to amend an Act abolishing the fee system of compensating the judge of the Probate Court of Jones County and providing in lieu thereof an annual salary, approved March 25, 1976 (Ga. L. 1976, p. 2796), as amended, particularly by an Act approved March 21, 1980 (Ga. L. 1980, p. 3628) and an Act approved March 14,1983 (Ga. L. 1983, p. 4051), so as to change provisions relating to the compensation of the judge of probate court and the judge's personnel; to provide for related matters; and for other purposes.
This 5th day of January, 1984.
Kenneth Birdsong
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
GEORGIA LAWS 1984 SESSION
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Legislation was published in the Jones County News which is the official organ of Jones County, on the following date: January 12, 1984.
/s/ Kenneth W. Birdsong Representative, 104th District
Sworn to and subscribed before me, this 16th day of January, 1984.
/s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 28, 1984. (Seal).
Approved March 12,1984.
RECORDER'S COURT OF CHATHAM COUNTY -- TERMS.
No. 742 (House Bill No. 1030).
AN ACT
To establish the terms of court for the Recorder's Court of Chatham County; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. In each year there shall be held four terms of the Recorder's Court of Chatham County. Such terms shall be held as follows:
4088 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(1) The first term shall convene annually on the first Monday in March;
(2) The second term shall convene annually on the first Monday in June;
(3) The third term shall convene annually on the first Monday in September; and
(4) The fourth term shall convene annually on the first Monday in December. Section 2. 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 1984 session of the General Assembly of Georgia a bill to establish the terms of court for the Recorder's Court of Chatham County; and for other purposes.
This 20th day of December, 1983.
Roy Allen Representative, 127th District
Affidavit of Publication of The Georgia Gazette.
Georgia, Chatham County.
Personally appeared before me, the undersigned officer authorized to administer oaths, Barbara W. Hook, known to me, who being sworn by me, deposes and says:
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That she is the designated agent of the Georgia Gazette, a newspaper of general circulation published in Savannah, Chatham County, Georgia, by the Georgia Gazette Publishing Company, a Georgia corporation;
That the Georgia Gazette is the official organ of Chatham County pursuant to Official Code of Georgia subsection 9-13-14 and is the newspaper customarily used by the Sheriff of Chatham County for the publication of Notices required by law:
That she is authorized by the Georgia Gazette Publishing Company and the Georgia Gazette to make affidavits of publication on behalf of said newspaper;
That she has reviewed the editions of the Georgia Gazette published on Dec. 29,1983; and says of her own personal knowledge that the advertisement attached hereto and made a part hereof appeared in each of said editions.
/s/ Barbara W. Hook Deponent
Sworn to and subscribed before me, this 6 day of January, 1984.
/s/ William Mason Notary Public, Georgia State at Large. My Commission Expires July 5, 1987. (Seal).
Approved March 12,1984.
4090 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
MAGISTRATE COURT OF COOK COUNTY -- JUDGE OF PROBATE COURT DESIGNATED AS CHIEF MAGISTRATE.
No. 743 (House Bill No. 1040).
AN ACT
To provide that the judge of the Probate Court of Cook County shall serve as chief magistrate of the Magistrate Court of Cook County; to provide for the term, filling of vacancies, and compensation of the chief magistrate; 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 local prerogatives authorized by Chapter 10 of Title 15 of the O.C.G.A.
Section 2. (a) The judge of the Probate Court of Cook County shall serve as chief magistrate of the Magistrate Court of Cook County. There shall be no separate election for the office of chief magistrate. The term of the chief magistrate shall be concurrent with the term of the judge of the probate court. In the event of a vacancy, the person assuming the position of judge of the probate court shall additionally assume the position of chief magistrate.
(b) The probate judge, for his services as chief magistrate, shall be compensated in the amount of $200.00 per month by the governing authority of Cook County, payable in equal monthly installments out of the funds of the county.
Section 3. The magistrate court shall charge and collect a library fee of $2.00, in addition to all other legal costs, in each action or case filed in said court. The funds shall be remitted to the treasurer of the Cook County Law Library on the first day of each month and used in accordance with the provisions of Code Section 36-15-7 of the O.C.G.A.
GEORGIA LAWS 1984 SESSION
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Section 4. This Act shall become effective on January 1,1985.
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 that there will be introduced at the regular 1984 session of the General Assembly of Georgia a bill provided that the Probate Judge of Cook County shall serve as Chief Magistrate of Magistrate Court, pursuant to O.C.G.A. 15-10-20 (g).
There will also be included a provisions that a law library fee of $2.00 shall be charged for each civil suit filed in Magistrate Court.
This 12th day of December, 1983.
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 Legislation was published in the Adel News which is the official organ of Cook County, on the following date: December 14,1983.
/s/ Hanson Carter Representative, 146th District
4092 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 11th day of January, 1984.
/s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 28, 1984. (Seal).
Approved March 12,1984.
ACT PROVIDING FOR VOLUNTEER LEGAL SERVICE AGENCIES IN CERTAIN COUNTIES AMENDED (550,000 OR MORE).
No. 744 (House Bill No. 1064).
AN ACT
To amend an Act providing for volunteer legal service agencies in certain counties, approved March 13,1979 (Ga. L. 1979, p. 3131), as amended by an Act approved April 9,1981 (Ga. L. 1981, p. 4451), so as to provide that in all counties having a population of 550,000 or more additional civil filing fees for the use of such agencies shall be charged in magistrate court as well as in state court; 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 providing for volunteer legal service agencies in certain counties, approved March 13,1979 (Ga. L. 1979, p. 3131), as amended by an Act approved April 9,1981 (Ga. L. 1981, p. 4451), is amended by striking Section 4, relating to court costs and their disposition, and inserting in its place a new section to read as follows:
GEORGIA LAWS 1984 SESSION
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"Section 4. (a) In all counties in this State having a population of 550,000 or more according to the 1970 United States Decennial Census, or any future such census, there shall be collected by the clerk of the State Court of the county and by the clerk of the magistrate court of the county, in addition to any other fees or charges authorized by law, a fee of $1 from the plaintiff or other moving party in each civil suit, action, or proceeding for which fees are required to be paid by such party. Such fee shall be charged only once in each case, shall be charged at the time of filing of the first papers in the action, and shall not apply to cases filed in a small claims division of such court.
(b) All fees collected pursuant to subsection (a) during each month shall be paid by the clerk or by the county to the agency designated pursuant to Section 2 no later than the last day of the next calendar quarter after the quarter of the month in which collected.
(c) Fees collected pursuant to subsection (a) shall be used by the agency designated pursuant to Section 2 only for the public and charitable purposes provided by this Act.
(d) In connection with the annual accounting required in Section 3(c), all fees collected pursuant to subsection (a) which have not been disbursed or committed for use in discharging the duties described in Section 3 shall be refunded to the clerk of the State court and the clerk of the magistrate court, the amounts refunded to said clerks being proportional to the amounts received from them during the year, or to the county, and such fees shall be used as other unrestricted court costs collected by the clerk."
Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Approved March 12,1984.
4094 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
WILCOX COUNTY -- OFFICE OF TAX COMMISSIONER CREATED.
No. 745 (House Bill No. 1093).
AN ACT
To consolidate the offices of tax receiver and tax collector of Wilcox County into the office of the tax commissioner of Wilcox County; to provide for the rights, duties, and liabilities of said office; to provide for the election of the tax commissioner; to provide for the tax commissioner's term of office; to provide for the method of filling vacancies; to provide for the compensation of the tax commissioner; to provide for personnel in the office of the tax commissioner, their compensation, and the payment of expenses; to make provisions relative to taxes and tax fi. fas.; to provide effective dates; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. The offices of tax receiver and tax collector of Wilcox County are consolidated and combined into the one office of the tax commissioner of Wilcox 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 tax receivers and tax collectors by the laws of this state.
Section 2. (a) The first tax commissioner created by this Act shall be elected at the general election of 1984 and shall take office on the first day of January, 1985, for a term of office of four years and until a successor is duly elected and qualified. Thereafter, the tax commissioner 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 office of four years and until a successor is duly elected and qualified.
(b) Should any vacancy occur in the office of tax commissioner, such vacancy shall be filled in accordance with the provisions of law for filling vacancies in the office of tax collector.
GEORGIA LAWS 1984 SESSION
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Section 3. The tax commissioner of Wilcox County shall receive the minimum salary provided for by Code Section 48-5-183 of the O.C.G.A. for tax commissioners of counties having a population which includes the population of Wilcox County. The governing authority of Wilcox County shall have the authority to increase the salary of the tax commissioner above the amount specified as minimum salary by said Code Section 48-5-183. The salary of the tax commissioner shall be paid in equal monthly installments from the funds of Wilcox County.
Section 4. All fees, commissions, costs, fines, emoluments, and perquisites of whatever kind received and collected by the tax commissioner shall be received, collected, and held by said officer as public funds belonging to Wilcox County. Once each month the tax commissioner shall turn over to the fiscal authority of said county all funds collected by said officer with a detailed itemized statement showing the sources from which such funds were collected. It is specifically provided that the salary provided for the tax commissioner by this Act shall be in lieu of all fees, commissions, costs, fines, emoluments, and perquisites of whatever kind, including those commissions or fees relating to the sale of motor vehicle license plates by local tax officials, notwithstanding the fact that such services for which the commissions or fees are derived may have been performed in the capacity of an agent for the State Revenue Department, and including the commission on taxes collected in excess of a certain percentage of the taxes due according to the tax net digest.
Section 5. (a) The governing authority of Wilcox County shall have the authority to fix the number and compensation of such personnel as the governing authority shall deem necessary to assist the tax commissioner in discharging the official duties of the tax commissioner's office, but the tax commissioner shall have the sole right to select the individuals so employed.
(b) All expenses incurred by the tax commissioner in operating and discharging the official duties of the tax commissioner's office, including, but not limited to, office equipment, supplies, fixtures, and utility expenses, shall be paid by the county from county funds. The determination of such requirements shall be subject to the approval of the governing authority of Wilcox County.
Section 6. All taxes due and payable to Wilcox County at the time the tax commissioner takes office shall continue to be due and
4096 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
payable until paid. All tax fi. fas. heretofore issued shall have full force and effect and shall be collectable as issued.
Section 7. For the purpose of electing the tax commissioner of Wilcox County as provided by this Act at the 1984 general election, this Act shall become effective upon its approval by the Governor or upon its otherwise becoming law. This Act shall become effective for all purposes on January 1,1985.
Section 8. All laws and parts of laws in conflict with this Act are repealed.
Notice.
Notice of Intent to apply for passage of a Local Bill abolishing the offices of Tax Collector and Tax Receiver in Wilcox County; to consolidate the two offices; to create the office of Tax Commissioner of Wilcox County; and for other purposes.
Notice is hereby given that application will be made at the next session of the General Assembly of Georgia, which convenes January 9,1984 for the passage of a bill to abolish the offices of Tax Collector and Tax Receiver in the County of Wilcox, to consolidate the offices of Tax Collector and Tax Receiver of Wilcox County; to create the office of Tax Commissioner of Wilcox County; to prescribe the rights, liabilities and duties of said officer; to provide that the laws now in force applicable to tax collector and tax receivers shall be of full force and effect as to the county tax commissioner, so far as the same are applicable; to provide that taxes due and all fi. fas. shall have full force and effect and be collectible as such; to provide that the effective date of this Act shall be January 1,1985; to provide for the election of the tax commissioner; to provide that all fees, costs and commissions now accruing to the tax collector and tax receiver shall be collected by the tax commissioner and paid over to the county to become county funds; to provide for filling vacancies; to provide for bond and the payment of premium thereon by the county; to provide for the levying of a tax to pay salaries; and for other purposes.
This December 12th, 1983.
GEORGIA LAWS 1984 SESSION
4097
Wilcox County Commissioners M. D. Brown, Chairman
Affidavit of Publisher.
Georgia, Wilcox County.
Before me, an officer authorized to administer oaths, came Jack Mathews, Publisher and General Manager of The Cordele Daily Dispatch, who deposes and says that the following and attached Notice of Intent to apply for passage of a local bill abolishing the offices of Tax Collector and Tax Receiver; to consolidate the two offices, to create the Office of Tax Commissioner; and for other purposes was published in The Cordele Daily Dispatch in its edition of December 15,1983.
Deponent further says that The Cordele Daily Dispatch is a newspaper of general circulation in Wilcox County, Georgia, is published daily, and is the newspaper in which the Sheriffs Notices are published.
This 19th day of December, 1983.
/s/ Jack C. Mathews, Publisher, The Cordele Daily Dispatch
Subscribed to and sworn to before me, a Notary Public, this 19th day of December, 1983.
/s/ Kay B. Langford Notary Public, State at Large. My Commission expires April 8, 1986. (Seal).
Approved March 12,1984.
4098 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
WILCOX COUNTY -- APPOINTMENT OF CHIEF MAGISTRATE, ETC.
No. 746 (House Bill No. 1094).
AN ACT
To provide for the appointment of the chief magistrate of Wilcox County by the governing authority of Wilcox County; to provide certain qualifications for said officer; to authorize the governing authority to assign certain duties to the county attorney; to provide for library fees; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. (a) The chief magistrate of Wilcox County shall be appointed by the governing authority of Wilcox County. The governing authority may fix the term of office of the chief magistrate appointed by said governing authority. Any vacancy in the office of chief magistrate shall be filled by appointment of the governing authority of Wilcox County.
(b) The chief magistrate of Wilcox County must be at least 25 years of age upon taking office, of good moral character, and must never have been convicted of any felony involving moral turpitude.
Section 2. The governing authority of Wilcox County shall be authorized to assign such duties to the county attorney to serve the Magistrate Court of Wilcox County as the governing authority deems necessary or appropriate.
Section 3. Library fees shall be charged and collected by the Magistrate Court of Wilcox County as provided by law.
GEORGIA LAWS 1984 SESSION
4099
Section 4. All laws and parts of laws in conflict with this Act are repealed.
Notice.
Notice is hereby given of the intent of the Wilcox County Board of Commissioners to introduce a Bill at the next session of the Georgia General Assembly to establish guidelines for the qualifications and selection of Chief Magistrate of the Wilcox County Magistrate Court to be effective on the day the bill is signed into law by the Governor of the State of Georgia.
This 22 day of December, 1983.
Wilcox County Board of Commissioners M. D. Brown, Chairman
Affidavit of Publisher.
Georgia, Wilcox County.
Before me, an officer authorized to administer oaths, came Jack Mathews, Publisher and General Manager of The Cordele Daily Dispatch, who deposes and says that the following and attached Notice of Intent to apply for passage of a Local Bill establishing guidelines for the qualifications and selection of the Chief Magistrate of the Wilcox County Magistrate Court; and for other purposes, was published in The Cordele Daily Dispatch in its edition of December 29,1983.
Deponent further says that The Cordele Daily Dispatch is a newspaper of general circulation in Wilcox County, Georgia, is published daily and is the newspaper in which the Sheriffs Notices are published.
4100 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This 4th day of January, 1984.
/s/ Jack Mathews Publisher of the Cordele Daily Dispatch
Subscribed to and sworn to before me, a Notary Public, this 4th day of January, 1984.
/s/ Kay B. Langford Notary Public, State of Georgia. My Commission Expires April 8, 1986. (Seal)
Approved March 12,1984.
MAGISTRATE COURT OF PULASKI COUNTY -- APPOINTMENT OF CHIEF MAGISTRATE, TERMS
OF OFFICE, ETC. No. 747 (House Bill No. 1117).
AN ACT
To provide for the Magistrate Court of Pulaski County; to provide for the appointment of the chief magistrate of the Magistrate Court of Pulaski County by the chief judge of the Superior Court of Pulaski County; to provide for terms of office; to provide for the filling of vacancies; to provide for the imposition, collection, and disposition of costs in the Magistrate Court of Pulaski County for the purpose of maintaining the county law library; to provide for practices and procedures in connection therewith; to provide an effective date; to repeal conflicting laws; and for other purposes.
GEORGIA LAWS 1984 SESSION
4101
Be it enacted by the General Assembly of Georgia:
Section 1. On or before January 1,1985, the chief judge of the Superior Court of Pulaski County shall appoint a duly qualified person as chief magistrate of the Magistrate Court of Pulaski County for a term of office of four years beginning on January 1, 1985. Successors to such chief magistrate shall be appointed by the chief judge of the Superior Court of Pulaski County immediately prior to the expiration of a term of office. Successors so appointed shall take office on the first day of January following their appointment for terms of office of four years. A vacancy in the office of chief magistrate shall be filled by an appointment by the chief judge of the Superior Court of Pulaski County and the person so appointed shall serve for the remainder of the unexpired term.
Section 2. For the purpose of providing funds for the maintenance and operation of the county law library of Pulaski County and for those uses specified in Code Section 36-15-7 of the Official Code of Georgia Annotated, a sum not to exceed $2.00, in addition to all other legal costs, may be charged and collected in each action or case, either civil, criminal, or quasi-criminal, filed in the Magistrate Court of Pulaski County. The amount of such additional costs to be charged and collected in each such case shall be fixed by the chief judge of the Superior Court of Pulaski County. The amount of such costs to be fixed by such judge may vary from the amount imposed in actions or cases in other courts within Pulaski County. The clerk of the Magistrate Court of Pulaski County shall collect such costs and remit them to the treasurer of the board of trustees of the county law library on the first day of each month. Except as provided in this section, Chapter 15 of Title 36 of the Official Code of Georgia Annotated shall be adhered to in all respects in connection with the imposition, collection, use, and disposition of such costs and the definitions, practices, and procedures contained in such chapter shall be applicable to the costs provided for in this section.
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.
4102 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 1984 session of the General Assembly of Georgia a bill to provide for the Magistrate Court of Pulaski County; to provide for the appointment of the chief magistrate; to provide for terms of office; to provide for filling of vacancies; to provide for the imposition, collection, and disposition of cost in the Magistrate Court of Pulaski County for the purpose of maintaining the county law library; and for other purposes.
This 19th day of December, 1983.
W. N. Hudson Representative, 117th District
This is to certify that the above legal ad appeared one time in the December 21,1983, issue of the Hawkinsville Dispatch & News, the official organ of Pulaski County, Georgia.
This the 12th day of January, 1984.
/s/ Charlie R. Southerland Publisher
Signed in the presence of:
/s/ Peggy G. Fauscett Notary Public, State of Georgia. My Commission expires May 21, 1985. (Seal).
Approved March 12,1984.
GEORGIA LAWS 1984 SESSION
4103
BOARD OF EDUCATION OF McINTOSH COUNTY -- TERMS OF OFFICE OF MEMBERS -- REFERENDUM.
No. 748 (House Bill No. 1119).
AN ACT
To amend an Act providing for the election of members of the board of education of McIntosh County, approved March 14, 1980 (Ga. L. 1980, p. 3112), so as to provide for staggered terms of office for the chairman and members of said board of education; to provide for a referendum; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act providing for the election of members of the board of education of McIntosh County, approved March 14, 1980 (Ga. L. 1980, p. 3112), is amended by striking subsection (a) of Section 3, which reads as follows:
"(a) The first members of the board of education of McIntosh County provided for herein shall be elected at the general election conducted in November 1980, and they shall assume office on the first day of January 1981, for terms of four years. Thereafter, successors shall be elected at the general election immediately preceding the expiration of the respective terms of office, and they shall assume office on the first day of January immediately following their respective elections, and they shall each serve for terms of four years. All members shall serve until their successors are elected and qualified.",
and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) (1) The chairman and members of the board of education of McIntosh County serving on the effective date of this Act shall continue to serve out the remainder of their terms of office and until their successors are elected and qualified.
4104 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(2) The chairman of the board from education district 1 and the members of the board from education districts 3 and 5 shall be elected at the general election conducted in November, 1984, and they shall assume office on the first day of January, 1985, for terms of four years. The members of the board from education districts 2 and 4 shall be elected at the general election conducted in November, 1984, and they shall assume office on the first day of January, 1985, for terms of two years. Thereafter, in order to provide for staggered terms of office, all successors shall be elected at the general election immediately preceding the expiration of the respective terms of office, shall assume office on the first day of January immediately following their respective elections, and shall each serve for terms of four years. All members shall serve until their successors are elected and qualified."
Section 2. 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 McIntosh County to issue the call for an election for the purpose of submitting this Act to the electors of McIntosh County for approval or rejection. The superintendent shall set the date of such election for a day not less than 30 nor more than 45 days after the date of the issuance of the call. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of McIntosh County. The ballot shall have written or printed thereon the words:
"( ) YES ( ) NO
Shall the Act providing for staggered terms of office for the members of the board of education of McIntosh County be approved?"
All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect; otherwise it shall be void and of no force and effect.
GEORGIA LAWS 1984 SESSION
4105
The expense of such election shall be borne by McIntosh County. It shall be the duty of the superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State.
Section 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 1984 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 McIntosh County, approved March 14,1980 (Ga. L. 1980, p. 3112), so as to change the terms of office of the chairman and members of said board; to provide a referendum; and for other purposes.
This 5th day of January, 1984.
/s/ 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 Legislation was published in the Darien News which is the official organ of McIntosh County, on the following date: January 12,1984.
/s/ Dean G. Auten Representative, 156th District
4106 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 16th day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 12,1984.
McIntosh county -- appointment of school SUPERINTENDENT BY BOARD OF EDUCATION.
No. 749 (House Bill No. 1120).
AN ACT
To provide for the appointment of the county school superintendent of McIntosh County by the board of education of McIntosh County; to provide for a referendum; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia: Section 1. (a) The county school superintendent of McIntosh County shall be elected at the general election conducted in November, 1984, and shall assume office on January 1, 1985, for a term of office of two years. The successor to said officer and all future successors shall be appointed as provided in subsection (b) of this section.
(b) On and after January 1,1987, the county school superintendent of McIntosh County shall be appointed by the board of education of McIntosh County to serve at the pleasure of the board or for a definite term of office not to exceed four years.
GEORGIA LAWS 1984 SESSION
4107
(c) All constitutional and statutory provisions relative to county school superintendents shall be applicable to a county school superintendent appointed by the board of education of McIntosh County pursuant to subsection (b) of this section.
Section 2. 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 McIntosh County to issue the call for an election for the purpose of submitting this Act to the electors of McIntosh County for approval or rejection. The superintendent shall set the date of such election for a day not less than 30 nor more than 45 days after the date of the issuance of the call. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of McIntosh County. The ballot shall have written or printed thereon the words:
"( ) YES ( ) NO
Shall the Act providing for the appointment of the county school superintendent of McIntosh County by the board of education of McIntosh County be approved?"
All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect; otherwise it shall be void and of no force and effect.
The expense of such election shall be borne by McIntosh County. It shall be the duty of the superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State.
4108 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 1984 session of the General Assembly of Georgia a bill to provide for the appointment of the county school superintendent of McIntosh County; to provide a referendum; and for other purposes.
This 5 day of January, 1984.
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 Legislation was published in the Darien News which is the official organ of McIntosh County, on the following date: January 12,1984.
/s/ Dean G. Auten Representative, 156th District
Sworn to and subscribed before me, this 16th day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 12,1984.
GEORGIA LAWS 1984 SESSION
4109
MAGISTRATE COURT OF MUSCOGEE COUNTY -- JUDGE OF MUNICIPAL COURT OF COLUMBUS AND
MUSCOGEE COUNTY DESIGNATED CHIEF MAGISTRATE.
No. 750 (House Bill No. 1136).
AN ACT
To provide that the judge of the Municipal Court of Columbus and Muscogee County shall serve as the chief magistrate of the Magistrate Court of Muscogee County; to provide for his compensation as chief magistrate; 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 judge of the Municipal Court of Columbus and Muscogee County shall serve as the chief magistrate of the Magistrate Court of Muscogee County for a term of office concurrent with his term of office as judge of the Municipal Court of Columbus and Muscogee County.
Section 2. The chief judge of the superior court for Muscogee County shall fix the compensation to be received by the chief magistrate for his services as chief magistrate. Such compensation may be less than the minimum salary specified in Code Section 15-10-23 of the O.C.G.A.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
4110 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 1984 session of the General Assembly of Georgia a bill to provide for the selection of the Chief Magistrate who will preside over the Magistrate Court in Muscogee County and for other purposes.
This 4th day of January, 1984.
William S. Cain, Jr. Chief Magistrate
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas B. Buck, who, on oath, deposes and says that he 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 date: January 6, 1984.
/s/ Thomas B. Buck Representative, 95th District
Sworn to and subscribed before me, this 16th day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 12,1984.
GEORGIA LAWS 1984 SESSION
4111
MAGISTRATE COURT OF JENKINS COUNTY -- CHIEF MAGISTRATE -- HOW APPOINTED.
No. 751 (House Bill No. 1141).
AN ACT
To make provisions for the Magistrate Court of Jenkins County; to provide that the number of magistrates authorized for Jenkins County shall be one magistrate who shall be the chief magistrate; to provide that said chief magistrate shall be appointed by the county governing authority; 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 number of magistrates authorized for Jenkins County shall be one magistrate who shall be chief magistrate. The chief magistrate in office on the effective date of this Act shall serve out the term for which he was appointed. Successors to said chief magistrate shall be appointed by the county governing authority and shall not be elected officers.
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 1984 session of the General Assembly of Georgia a bill to make provisions for the Magistrate Court of Jenkins County; to provide that the number of magistrates authorized for Jenkins County shall be one magistrate who shall be the chief magistrate; to provide that said
4112 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
chief magistrate shall be appointed by the county governing authority; to provide for all related matters; and for other purposes.
This 13th day of December, 1983.
John F. Godbee Representative, 110th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John Godbee, who, on oath, deposes and says that he is Representative from the 110th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Millen News which is the official organ of Jenkins County, on the following date: December 22,1983.
/s/ John Godbee Representative, 110th District
Sworn to and subscribed before me, this 16th day of January, 1984.
/s/ Amelia Smith Notary Public, Georgia State at Large. My Commission Expires October 8, 1984. (Seal).
Approved March 12,1984.
GEORGIA LAWS 1984 SESSION
4113
MAGISTRATE COURT OF TOOMBS COUNTY -- CHIEF MAGISTRATE -- HOW APPOINTED.
No. 752 (House Bill No. 1176).
AN ACT
To make provisions for the Magistrate Court of Toombs County; to provide that the chief magistrate of Toombs County shall be appointed by the judge or judges of the Superior Court of Toombs 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 chief magistrate of Toombs County shall be appointed by the judge or judges of the Superior Court of Toombs County.
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1984 session of the General Assembly of Georgia a bill to provide for the personnel and operation of the Magistrate Court of Toombs County; to provide for related matters; and for other purposes, also, supplement and travel expense for future County Commissioners.
This 10th day of January, 1984.
Toombs County Commissioners
4114 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, L. L. Phillips, who, on oath, deposes and says that he is Representative from the 120th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Lyons Progress which is the official organ of Toombs County, on the following date: January 11,1984.
/s/ L. L. "Pete" Phillips Representative, 120th District
Sworn to and subscribed before me, this 16th day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 12,1984.
MAGISTRATE COURT OF TREUTLEN COUNTY -- PROBATE JUDGE DESIGNATED CHIEF MAGISTRATE.
No. 753 (House Bill No. 1178). AN ACT
To make provisions for the Magistrate Court of Treutlen County; to provide that the probate judge of Treutlen County shall serve as
GEORGIA LAWS 1984 SESSION
4115
chief magistrate of Treutlen County; to provide for compensation; 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 probate judge of Treutlen County shall serve as chief magistrate of Treutlen County. The minimum compensation of the person serving as probate judge and chief magistrate of Treutlen County shall be the compensation he is authorized by law to receive as probate judge. The governing authority may supplement such compensation in such amount as it may fix from time to time, but no such supplement shall be decreased during a term of office.
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in 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 1984 session of the General Assembly of Georgia a bill to provide for the personnel and operation of the Magistrate Court of Treutlen County; to provide for related matters; and for other purposes.
This 29th day of December, 1983.
L. L. "Pete" Phillips Representative, 120th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, L. L. Phillips, who, on oath, deposes
4116 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
and says that he is Representative from the 120th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Soperton News which is the official organ of Treutlen County, on the following date: January 4,1984.
/s/ L. L. "Pete" Phillips Representative, 120th District
Sworn to and subscribed before me, this 16th day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 12,1984.
BOARD OF COMMISSIONERS OF MONTGOMERY COUNTY -- COUNTY ATTORNEY -- NON-RESIDENCY
OF MONTGOMERY COUNTY PERMITTED. No. 754 (House Bill No. 1179). AN ACT
To amend an Act creating a board of commissioners of Montgomery County, approved February 27,1953 (Ga. L. 1953, Jan.Feb. Sess., p. 2729), so as to provide that the county attorney shall not be required to be a resident of the county; to repeal conflicting laws; and for other purposes.
GEORGIA LAWS 1984 SESSION
4117
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating a board of commissioners of Montgomery County, approved February 27,1953 (Ga. L. 1953, Jan.Feb. Sess., p. 2729), is amended by designating the existing text of paragraph 9 of Section 11 as subparagraph (A) and adding thereafter a new subparagraph (B) to read as follows:
"(B) Notwithstanding any other provision of this Act to the contrary, the county attorney employed by the board of commissioners shall not be required to be a resident of Montgomery 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 1984 session of the General Assembly of Georgia a bill to provide for the hiring of a county attorney, without regard to the residence of said attorney, to provide for related matters and other purposes.
This 10 day of January, 1984.
Julian J. Warwick
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 Legislation was published in the Montgomery Monitor which is the official organ of Montgomery County, on the following date: January 11, 1984.
4118 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
/s/ L. L. "Pete" Phillips Representative, 120th District
Sworn to and subscribed before me, this 16th day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 12,1984.
TATTNALL COUNTY -- SHERIFF'S PATROL AUTOMOBILES.
No. 755 (House Bill No. 1186). AN ACT
To amend an Act abolishing the fee system of compensating the sheriff of Tattnall County and providing in lieu thereof an annual salary, approved February 28, 1966 (Ga. L. 1966, p. 2155), as amended, so as to provide that the governing authority of Tattnall County shall furnish the sheriff a patrol automobile for each deputy sheriff; to authorize the governing authority of Tattnall County to purchase the existing patrol automobiles owned by the sheriff; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
GEORGIA LAWS 1984 SESSION
4119
Section 1. An Act abolishing the fee system of compensating the sheriff of Tattnall County and providing in lieu thereof an annual salary, approved February 28, 1966 (Ga. L. 1966, p. 2155), 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. (a) The governing authority of Tattnall County shall furnish to the sheriff a patrol automobile for each deputy to carry out the duties of the office of sheriff. The sheriff, at his own expense, shall furnish his own vehicle and the governing authority of Tattnall County shall reimburse the sheriff for the expenses of operating and maintaining his vehicle at a rate of not less than 10<t per mile that said vehicle travels in connection with the official business of the sheriffs office. The governing authority of Tattnall County shall purchase from the sheriff, with the exception of his own vehicle, the existing patrol automobiles on or before September 1,1984, upon such terms and conditions as may be mutually agreed upon by the sheriff and the governing authority.
(b) The sheriff shall be responsible for feeding prisoners confined in the county jail; however, the governing authority of Tattnall County shall reimburse the sheriff for the expenses connected therewith.
(c) Tattnall County shall also reimburse the sheriff and any of his deputies for any expenses incurred for food and lodging while on official business outside the confines of Tattnall County."
Section 2. This Act shall become effective on April 1,1984.
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 1984 session of the General Assembly of Georgia a bill to amend an Act abolishing the fee system of compensating the sheriff of Tattnall County and providing in lieu thereof an annual salary, approved February 28,1966 (Ga. L. 1966, p. 2155), as amended, so as to change the provisions relating to automobiles authorized for the sheriffs office; and for other purposes.
4120 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This 22 day of December, 1983.
Clinton Oliver
This is to certify that I, Russell B. Rhoden, is Editor and Publisher of The Tattnall Journal, the Official Organ of Tattnall County, Georgia, in which Sheriffs Sales are advertised, and that the attached advertisement did appear in the December 22, 1983 edition of The Tattnall Journal.
This the 19 day of January, 1984.
/s/ Russell B. Rhoden
/s/ Gloria W. Rhoden Notary Public, Georgia, State at Large. My Commission expires Feb. 3, 1985. (Seal).
Approved March 12,1984.
BOARD OF COMMISSIONERS OF TWIGGS COUNTY -- METHOD OF FILLING VACANCIES ON BOARD. No. 756 (House Bill No. 1204). AN ACT
To amend an Act providing for a board of commissioners of Twiggs County, approved July 27, 1923 (Ga. L. 1923, p. 324), as amended, particularly by an Act approved March 26, 1982 (Ga. L.
GEORGIA LAWS 1984 SESSION
4121
1982, p. 3632), so as to change provisions for the method of tilling vacancies in office on the board of commissioners; 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 providing for a board of commissioners of Twiggs County, approved July 27, 1923 (Ga. L. 1923, p. 324), as amended, particularly by an Act approved March 26, 1982 (Ga. L. 1982, p. 3632), is amended by striking Section 6 which reads as follows:
"Section 6. A vacancy which occurs in the district membership of the board of commissioners by death, resignation, removal from the commissioner district or for any other reason shall be filled by the remaining members of the board electing a successor to serve until a successor is elected at the next general election to serve for the unexpired term or for a full term, as the case may be. If a vacancy occurs for any reason in the office of chairman, the remaining members of the board shall elect one of their number to serve as chairman until a successor is elected at the next general election. The vacancy thus created in the office of a district commissioner shall be filled in the same manner as vacancies are filled in the office of other district commissioners. A person elected by the board or at the general election to fill a vacancy among the district membership of the board shall be a resident of the commissioner district wherein the vacancy occurred.",
and inserting in its place a new section to read as follows:
"Section 6. (a) A vacancy in the office of chairman or district commissioner which occurs more than six months prior to the expiration of a term of office shall be filled as provided in this subsection (a).
(1) In the case of a vacancy in the office of chairman, a successor shall be elected by the voters of the county at large at a special election held for that purpose.
(2) In the case of a vacancy in the office of a district member, a successor shall be elected by the voters of that commissioner district at a special election held for that purpose.
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(b) A vacancy in the office of chairman or district member which occurs six months or less prior to the expiration of a term of office shall be filled by the remaining members of the board selecting a person to fill the vacancy; and such selection shall be made within 15 days after the vacancy occurs.
(c) Any person selected to fill a vacancy under this section must meet the qualifications specified by this Act for the office and shall serve for the remainder of the unexpired term. The election superintendent of Twiggs County shall upon being notified of a vacancy by the board call and conduct any special election required by this section."
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 1984 session of the General Assembly of Georgia a bill to amend an Act providing for a Board of Commissioners of Twiggs County, approved July 27,1923 (Ga. L. 1923, p. 324), as amended, particularly by an Act approved March 26, 1982 (Ga. L. 1982, p. 3632), so as to change provisions for the method of filling vacancies in office on the board of commissioners; to provide for related matters; and for other purposes.
This 9th day of January, 1984.
Kenneth W. Birdsong
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
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Legislation was published in the Twiggs County New Era which is the official organ of Twiggs County, on the following date: January 11, 1984.
/s/ Kenneth W. Birdsong Representative, 104th District
Sworn to and subscribed before me, this 16th day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 12,1984.
HABERSHAM COUNTY -- CONSTITUTIONAL AMENDMENT RELATING TO SALES AND USE TAX
FOR EDUCATIONAL PURPOSES CONTINUED.
No. 757 (House Bill No. 1238).
AN ACT
To provide for authority; to continue in force and effect as a part of the Constitution of the State of Georgia ratified in 1982 that constitutional amendment which was proposed by Resolution Act No. 140 enacted at the 1982 Session of the General Assembly and which was duly ratified at the 1982 general election (Ga. L. 1982, p. 2566) and which relates to a 1 percent sales and use tax for educational purposes in Habersham County; to provide an effective date; to repeal conflicting laws; and for other purposes.
4124 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 of the State of Georgia, authorizing continuation of certain amendments to the Constitution.
Section 2. That constitutional amendment which was proposed by Resolution Act No. 140 enacted at the 1982 Session of the General Assembly and which was duly ratified at the 1982 general election (Ga. L. 1982, p. 2566) and which relates to a 1 percent sales and use tax for educational purposes in Habersham County shall not be repealed or deleted upon July 1,1987, as part of the Constitution of the State of Georgia ratified in 1982 but is specifically continued in force and effect on and after that date as a part of that Constitution.
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 1984 session of the General Assembly of Georgia, a bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment ratified at the 1982 general election which requires the Board of Education of the Habersham County School District to impose, levy, and collect a 1 percent sales and use tax for educational purposes and to adjust millage rate limitations upon and the millage rate levied by the Habersham County School District on and after January 1,1984, to take into account the proceeds received from the tax by the school district for the preceding year; and for other purposes.
GEORGIA LAWS 1984 SESSION Georgia, Fulton County.
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Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William J. Dover, who, on oath, deposes and says that he is Representative from the 11th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Tri-County Advertiser which is the official organ of Habersham County, on the following date: January 12,1984.
/s/ William J. Dover Representative, 11th District
Sworn to and subscribed before me, this 20th day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at' Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 12,1984.
TOWNS COUNTY PROBATE JUDGE -- OPERATING EXPENSES SUBJECT TO APPROVAL OF COUNTY GOVERNING AUTHORITY. No. 760 (House Bill No. 1629). AN ACT
To amend an Act providing an annual salary for the judge of the
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Probate Court of Towns County in lieu of fees, approved March 29, 1983 (Ga. L. 1983, p. 4620), so as to change the provisions relative to such salary; to remove a provision relative to the judge of the Probate Court serving as the governing authority of Towns County; to provide that operating expenses of the judge of the Probate Court shall be subject to approval of the governing authority of Towns County; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act providing an annual salary for the judge of the Probate Court of Towns County in lieu of fees, approved March 29, 1983 (Ga. L. 1983, p. 4620), is amended by striking Sections 2 and 3 in their entirety and substituting in lieu thereof one new Section 2 to read as follows:
"Section 2. The judge of the Probate Court shall receive an annual salary of $14,500.00 payable in equal monthly installments from the funds of Towns County."
Section 2. Said Act is further amended by redesignating Sections 4, 6, and 7 as Sections 3, 5, and 6, respectively, and by striking Section 5 in its entirety and substituting in lieu thereof a new section designated as Section 4 to read as follows:
"Section 4. The necessary operating expenses of the judge of the probate court's office, expressly including the compensation of all personnel and employees, shall be paid from any funds of the county available for such purpose. All supplies, materials, furnishings, furniture, utilities, uniforms, vehicles, and equipment and the repair, replacement, and maintenance thereof, as may be reasonably required in discharging the official duties of said office, shall be furnished by the county and shall be paid from any funds of the county available for such purpose. The determination of such expenses shall be subject to the approval of the governing authority of Towns County."
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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.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1984 session of the General Assembly of Georgia a bill to amend an Act abolishing the fee system for the judge of the Probate Court of Towns County and providing an annual salary for said officer, approved February 27,1970 (Ga. L. 1970, p. 2182), as amended; and for other purposes.
This 2nd day of February, 1984.
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 date: February 9,1984.
/s/ Ralph Twiggs Representative, 4th District
4128 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 13th day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 14,1984.
TOWNS COUNTY -- SHERIFF'S DEPUTIES.
No. 761 (House Bill No. 1559).
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 14, 1983 (Ga. L. 1983, p. 4074), so as to change the provisions relating to deputies; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act placing the sheriff of 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 14,1983 (Ga. L. 1983, p. 4074), 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 sheriff shall be authorized to employ a chief deputy and fix such chief deputy's compensation at not less than $900.00 nor more than $1,000.00 per month. The sheriff shall also be authorized to employ two additional deputies and fix the compensation of each
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such deputy at not less than $850.00 nor more than $950.00 per month. 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 compensation of any personnel employed by the sheriff in addition to the personnel provided for above shall be at the sole discretion of the governing authority of Towns County. The compensation of all personnel authorized by this section shall be paid from the funds of Towns 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 1984 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. Laws 1964, Ex. Sess., p. 2216), as amended; and for other purposes.
This 16 day of January, 1984.
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 date: January 19,1984.
/s/ Ralph Twiggs Representative, 4th District
4130 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 8th day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 14,1984.
TOWNS COUNTY -- OFFICE OF COMMISSIONER AS GOVERNING AUTHORITY CREATED.
No. 762 (House Bill No. 1558).
AN ACT
To create the office of commissioner of Towns County as the governing authority of said county; to provide for the election and term of office of the commissioner; to provide for filling vacancies in the office of commissioner; to provide for oaths; to provide for bonds; to provide for the compensation of the commissioner; to provide for the powers, duties, and responsibilities of the commissioner; to provide reports on financial affairs; to provide for county employees and for certain appointments; to provide for budgeting and auditing; to provide for the expenditure of county funds; to provide for other matters relative to the foregoing; to provide effective dates; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. There is created the office of commissioner of Towns County as the governing authority of said county. The commissioner shall exercise the powers and duties and be charged with the responsibilities imposed upon said officer by this Act.
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Section 2. (a) The first commissioner of Towns County provided for by this Act shall be elected at the general election of 1984 and shall take office on the first day of January, 1985, for a term of four years and until a successor is elected and qualified. Thereafter, successors shall be elected at the general election immediately preceding the expiration of the term of office and shall take office on the first day of January immediately following the election for a term of four years and until a successor is elected and qualified.
(b) The commissioner shall be elected by a majority of the qualified voters of Towns County voting on a county-wide basis. The commissioner 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."
Section 3. (a) In the event a vacancy occurs for any reason in the office of commissioner of Towns County, such vacancy shall be filled for the unexpired term by special election. Such special election shall be called by the election superintendent of Towns County within ten days after the date of the vacancy and shall be held not less than 30 nor more than 45 days after the date of the issuance of the call. Such special election 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."
(b) From the date of the occurrence of a vacancy until such vacancy is filled by special election as provided for by subsection (a) of this section, the judge of the Probate Court of Towns County shall be vested with and exercise the powers and duties of the commissioner of Towns County.
Section 4. Before entering upon the discharge of the commissioner's duties, a person elected commissioner shall subscribe to an oath before the judge of the Probate Court of Towns County for the true and faithful performance of duties as commissioner and that the person is not the holder of any unaccounted for public funds.
Section 5. The commissioner shall give a satisfactory surety bond approved by the judge of the Probate Court of Towns County and payable to said officer 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 the commissioner's office. The cost of such bond shall be paid from the funds of Towns County.
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Section 6. (a) The commissioner shall be compensated in the amount of $19,500.00 per annum, which shall be paid in equal monthly installments from the funds of Towns County.
(b) The commissioner may be reimbursed from county funds for all actual and necessary expenses incurred by that officer in the performance of the official duties of the office of commissioner.
Section 7. (a) The commissioner shall devote full time to the business and interests of Towns County in the performance of the commissioner's duties.
(b) The commissioner shall have and maintain an office for the transaction of county business at the courthouse of Towns County. The office of the commissioner shall remain open during regular hours of business on all days except Saturdays, Sundays, and holidays.
Section 8. The commissioner shall have the power to fix and establish, policies, rules, and regulations governing all matters within the commissioner's jurisdiction as the governing authority of the county. The commissioner may exercise the powers and shall be subject to the duties and responsibilities now or hereafter provided by the Constitution and general laws of this state relative to county governing authorities. Without limiting the generality of the foregoing, the following specific powers are vested in the commissioner:
(1) To levy taxes;
(2) To make appropriations;
(3) To fix rates and charges for services provided by the county;
(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 assessment;
(6) To authorize and enter into contracts;
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(7) To establish, alter, open, close, build, repair, or abolish public roads, private ways, bridges, and ferries, according to law;
(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;
(11) To create and change the boundaries of special taxing districts as authorized by law;
(12) To fix the bonds of county officers where same are not fixed by statute;
(13) To enact any ordinances, resolutions, or other legislation the county may be given authority to enact;
(14) To determine the priority of capital improvements;
(15) To call bond elections; and
(16) To exercise all of the power and authority heretofore vested by law in the judge of the probate court when sitting for county purposes, together with all power and authority which may hereafter be delegated by law to the governing authority of Towns County or to the governing authorities of counties generally.
Section 9. The commissioner is authorized to require all county officers to report on the general or specific conduct of the financial affairs of their respective offices.
Section 10. (a) The commissioner shall have the exclusive power and authority to appoint, remove, and fix the compensation of all employees of the county.
(b) The appointment and removal of, and the compensation to be paid to, persons filling offices and positions created by state statute, where not otherwise prescribed by such statute, shall be made and fixed by the commissioner.
4134 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 11. The commissioner shall comply with the budgeting and auditing procedures and requirements set forth in Chapter 81 of Title 36 of the O.C.G.A., relative to budgets and audits of local governments.
Section 12. The expenditure of county funds shall be made in accordance with the county budget or amendments thereto adopted by the commissioner. The commissioner shall enforce compliance with this requirement by all departments of county government, including the departments of the elected county officers, and to this end, the commissioner shall institute a system to control county purchasing and to account for the expenditure of all funds budgeted and appropriated by the commissioner.
Section 13. The provisions of this Act necessary for the election in 1984 of the commissioner of Towns County created by this Act shall be 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 14. All laws and parts of laws in 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 1984 session of the General Assembly of Georgia a bill relative to the creation of a commissioner of Towns County; and for other purposes.
This 9th day of January, 1984.
Ralph Twiggs
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ralph Twiggs, who, on oath, deposes
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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 date: January 19,1984.
/s/ Ralph Twiggs Representative, 4th District
Sworn to and subscribed before me, this 8th day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 14,1984.
TOWNS COUNTY -- OFFICE OF TAX COMMISSIONER CREATED.
No. 763 (House Bill No. 1557).
AN ACT
To consolidate the offices of tax receiver and tax collector of Towns County into the office of tax commissioner of Towns County; to provide for the rights, duties, and liabilities of said office; to provide for the election of the tax commissioner; to provide for the tax commissioner's 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
4136 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 personnel in the office of the tax commissioner, their compensation, and the payment of expenses; to provide effective dates; to repeal a specific Act; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. The offices of tax receiver and tax collector of Towns County are consolidated and combined into the one office of tax commissioner of Towns 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 Towns County in 1984. The person so elected shall take office on the first day of January following the election and shall serve until December 31,1988, and until a 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 Towns County and their terms of office shall continue 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 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.
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Section 5. The tax commissioner shall receive an annual salary of $14,500.00 payable in equal monthly installments from the funds of Towns County.
Section 6. After the effective date of this Act, said officer shall diligently and faithfully undertake to collect all fees, fines, forfeitures, commissions, costs, allowances, penalties, funds, moneys, and all other emoluments and perquisites formerly allowed said officer as compensation for services in any capacity and shall receive and hold the same in trust for said county as public moneys and shall pay the same into the county treasury on or before the fifteenth day of each month next following the month in which they were collected or received. At the time of each such monthly payment into the county treasury, the tax commissioner shall furnish the governing authority of the county a detailed, itemized statement, under oath, of all such funds received during the preceding month by such officer and paid into the county treasury. The statement shall show the respective amounts of money collected and the source thereof. It is specifically provided that the 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 personnel to assist in carrying out the duties of the tax commissioner's office. The number of and compensation paid to such personnel shall be subject to the approval of the governing authority of Towns County. Such personnel shall be paid from the funds of Towns County. It shall be within the sole power and authority of the tax commissioner, during said officer's term of office, to designate and name the person or persons who shall be employed, to prescribe their duties and assignments, and to remove or replace any of such employees at will and within said officer's sole discretion.
Section 8. The necessary operating expenses of the office of the tax commissioner, expressly including the compensation of all personnel and employees, shall be paid from any funds of the county
4138 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 subject to the approval of the governing authority of Towns County.
Section 9. This Act shall become effective January 1, 1985, except the provisions of Section 2, relative to the election of the tax commissioner, shall become effective upon the approval of this Act by the Governor or upon its otherwise becoming law.
Section 10. An Act placing the tax collector of Towns County on a salary, approved March 30,1977 (Ga. L. 1977, p. 4464), as amended by an Act approved April 11,1979 (Ga. L. 1979, p. 3402), is repealed in its entirety, effective January 1,1985.
Section 11. All laws and parts of laws in conflict with this Act are repealed.
Notice.
Notice is hereby given that there will be introduced at the regular 1984 session of the General Assembly of Georgia a bill to abolish the office of Tax Receiver of Towns County; and for other purposes.
This 16 day of January, 1984.
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 date: January 19,1984.
GEORGIA LAWS 1984 SESSION
/s/ Ralph Twiggs Representative, 4th District
Sworn to and subscribed before me, this 8th day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 14,1984.
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TOWNS COUNTY -- JUDGE OF PROBATE COURT DESIGNATED CHIEF MAGISTRATE OF TOWNS COUNTY.
No. 764 (House Bill No. 1556).
AN ACT
To provide that the judge of the Probate Court of Towns County shall also serve as the chief magistrate of Towns County; 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) The judge of the Probate Court of Towns County shall also serve as the chief magistrate of Towns County.
(b) The judge of the Probate Court of Towns County shall receive the compensation provided by law for that officer and shall not receive additional compensation for serving as chief magistrate of Towns County.
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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 hereby given that there will be introduced at the regular 1984 session of the General Assembly of Georgia a bill relative to combining the offices of Chief Magistrate and Judge of the Probate Court of Towns County; and for other purposes.
This 16 day of January, 1984.
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 date: January 19,1984.
/s/ Ralph Twiggs Representative, 4th District
Sworn to and subscribed before me, this 8th day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 14,1984.
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SUPERIOR COURT OF WILCOX COUNTY -- MANNER OF COMPENSATING CLERK CHANGED.
No. 768 (House Bill No. 1092).
AN ACT
To abolish the present method of compensating the Clerk of the Superior Court of Wilcox County, known as the fee system; to provide in lieu thereof an annual salary; to provide that all fees, costs, or other emoluments of said officer shall become the property of the county; to provide for the collection of all such fees, costs, and emoluments; to provide for periodic statements; to provide for the payment of the operating expenses of said office; to provide for the employment of necessary personnel by said officer; to provide for the compensation for such personnel; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. The present method of compensating the Clerk of the Superior Court of Wilcox 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 clerk of the superior court shall receive the minimum salary provided for by Code Section 15-6-88 of the O.C.G.A. for clerks of the superior courts of counties with populations which include the population of Wilcox County. The governing authority of Wilcox County shall be authorized to increase the compensation of the clerk to an amount exceeding the salary provided for by said Code Section 15-6-88. The salary of the clerk shall be paid in equal monthly installments from the funds of Wilcox County.
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Section 3. After the effective date of this Act, the Clerk of the Superior Court of Wilcox 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 said officer as compensation for services in any capacity, and shall receive and hold the same in trust for said county as public moneys and shall pay the same into the county treasury on or before the 15th day of each month next following the month in which they were collected or received. At the time of each such monthly payment into the county treasury, the clerk of the superior court shall furnish the governing authority of the county a detailed, itemized statement, under oath, of all such funds received during the preceding month by such officer and paid into the county treasury. The statement shall show the respective amounts of money collected and the source thereof.
Section 4. The clerk of the superior court shall have the authority to appoint such deputies, clerks, assistants, and other personnel as said officer deems necessary to discharge efficiently and effectively the official duties of the clerk's office. Said officer shall, from time to time, recommend to the governing authority of said county the number of such personnel needed by the clerk's office, together with the suggested compensation to be paid each employee. It shall be within the sole discretion of the governing authority of said county to fix the compensation to be received by each employee in said office. It shall be within the sole power and authority of the clerk of the superior court, during said officer's term of office, to designate and name the person or persons who shall be employed as such deputies, clerks, assistants, or other employees, and to prescribe their duties and assignments, and to remove or replace any of such employees at will and within said officer's sole discretion.
Section 5. The necessary operating expenses of the clerk's office, expressly including the compensation of all personnel and employees, shall be paid from any funds of the county available for such purpose. All supplies, materials, furnishings, furniture, utilities, and equipment, and the repair, replacement, and maintenance thereof, as may be reasonably required in discharging the official duties of said office, shall be furnished by the county and shall be paid from any funds of the county available for such purpose. The determination of such requirements shall be at the sole discretion of the governing authority of Wilcox County.
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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.
Notice of Intent to Apply for Passage of a Local Bill Changing the Compensation of the Clerk of the Superior Court of Wilcox County from the Fee System to the Salary System; and for other purposes.
Notice is hereby given that application will be made at the next Session of the Georgia General Assembly for the passage of a Bill to change the compensation of the Clerk of the Superior Court of Wilcox County from the fee system to the salary system as provided by Article IX Section I, Paragraph III, of the Constitution of the State of Georgia of 1983, to make provisions regulating the carrying out of said changes; to regulate the disposition of fees and costs; to provide that the effective date of this Act shall be January 1, 1985 and for other purposes.
This December 12th, 1983.
Wilcox County Commissioners M. D. Brown, Chairman
Affidavit of Publisher.
Georgia, Wilcox County.
Before me, an officer authorized to administer oaths, came Jack Mathews, Publisher and General Manager of The Cordele Daily Dispatch, who deposes and says that the following and attached Notice of Intent to apply for passage of a local bill changing the compensation of the Clerk of the Superior Court from fee system to
4144 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
salary system; and for other purposes, was published in The Cordele Daily Dispatch in its edition of December 15,1983.
Deponent further says that The Cordele Daily Dispatch is a newspaper of general circulation in Wilcox County, Georgia, is published daily and is the newspaper in which the Sheriffs Notices are published.
This 19th day of December, 1983.
Jack Mathews Publisher of The Cordele Daily Dispatch
Subscribed to and sworn to before me, a Notary Public, this 19th day of December, 1983.
/s/ Kay B. Langford Notary Public, State at Large. My Commission Expires April 8, 1986. (Seal).
Approved March 14,1984.
FORSYTH COUNTY -- AUTHORIZED TO IMPOSE BUSINESS AND OCCUPATIONAL LICENSE TAXES --
REFERENDUM. No. 769 (House Bill No. 1302).
AN ACT
To authorize the governing authority of Forsyth County to impose
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business and occupational license taxes and license fees upon persons, firms, and corporations doing business in the unincorporated area of the county; to provide exceptions; to provide for related matters; to provide for a referendum; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. (a) The governing authority of Forsyth County is authorized to levy, assess, and collect business and occupational license taxes and license fees from all persons, firms, and corporations doing business in the unincorporated area of Forsyth County, except those businesses specifically exempted by this Act.
(b) The following businesses shall be exempt from taxes and fees imposed under this Act:
(1) Those businesses regulated by the Georgia Public Service Commission;
(2) Those electrical service businesses organized under Chapter 3 of Title 46 of the O.C.G.A.; and
(3) Those businesses upon which local license taxes or license fees are imposed under general laws authorizing such local license taxes and license fees, unless such general law specifically authorizes local license taxes and license fees other than those to which it specifically relates.
(c) The governing authority of Forsyth County is authorized to classify businesses and to assess different taxes and fees against different classes of businesses being carried on in the unincorporated area of the county.
(d) The governing authority of Forsyth County is authorized to enact ordinances for the enforcement of this Act and to provide for the punishment of violations of such ordinances.
4146 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2. Not less than 30 days nor more than 45 days before the date of the November, 1984, general election the election superintendent of Forsyth County shall issue the call for an election for the purpose of submitting this Act to the electors of Forsyth County for approval or rejection. The superintendent shall set the date of the election for the date of the November, 1984, general election. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks in the official organ of Forsyth County. The ballot shall have written or printed thereon the words:
"( ) YES ( ) NO
Shall the provisions of the Act authorizing the governing authority of Forsyth County to impose business and occupational license taxes and license fees in the unincorporated area of the county be approved?"
All persons desiring to vote for approval shall vote "Yes," and those persons desiring to vote for rejection shall vote "No." If more than one-half of the votes cast are for approval then Section 1 of this Act shall become of full force and effect on January % 1985; otherwise Section 1 of this Act shall be void.
The expense of such election shall be borne by Forsyth County. The election superintendent of Forsyth County shall hold and conduct the election and shall 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 hereby given that there will be introduced at the regular 1984 session of the General Assembly of Georgia a bill to authorize the governing authority of Forsyth County to impose business and occupational license taxes and license fees in the unincorporated area of the county; to provide for a referendum; to provide for related matters; and for other purposes.
GEORGIA LAWS 1984 SESSION This 13th day of January, 1984.
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J. Nathan Deal Senator, 49th District
Bill H. Barnett Representative, 10th District
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 date: January 18,1984.
/s/ Bill H. Barnett Representative, 10th District
Sworn to and subscribed before me, this 25th day of January, 1984.
/s/ Cathy Ann Walls . Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 14,1984.
4148 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
FULTON COUNTY -- AUTHORIZED TO LEVY AND COLLECT BUSINESS AND OCCUPATIONAL LICENSE TAXES.
No. 770 (House Bill No. 1361).
AN ACT
To provide that Fulton County may levy and collect business and occupational license taxes and license fees in the unincorporated area of the county; to provide for rules and regulations; to ratify and reaffirm prior rules and regulations; 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 Article IX, Section IV, Paragraph I of the Constitution of the State of Georgia, the governing authority of Fulton County may by local resolution levy and collect business and occupational license taxes and license fees in the unincorporated area of the county.
Section 2. The license taxes and license fees shall be collected under such rules and regulations as may be enacted by the governing authority of Fulton County. Any and all regulations promulgated by the county governing authority under the constitutional amendment evidenced by a resolution found at Ga. L. 1966, p. 909, are ratified and reaffirmed.
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 1984 Session of the General Assembly of Georgia, a bill to authorize Fulton County to levy and collect business and occupational license taxes and license fees, and for other purposes.
GEORGIA LAWS 1984 SESSION This 6th day of January, 1984.
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John Tye Ferguson Associate County Attorney Fulton County
Publisher's Affidavit.
Georgia, Fulton County.
Before me, the undersigned, a Notary Public, this day personally came Frances K. Beck, who, being first duly sworn, according to law, says that she is the 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, as published in said paper on the 6th day of January, 1984.
/s/ Frances K. Beck
Subscribed and sworn to before me, this 9th day of January, 1984.
/s/ April M. Elmore Notary Public, Georgia State at Large. My Commission Expires February 17, 1986. (Seal).
Approved March 14, 1984.
4150 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
BULLOCH COUNTY -- COMPENSATION OF SHERIFF'S DEPUTIES AND OFFICE CLERK.
No. 771 (House Bill No. 1409).
AN ACT
To amend an Act placing the sheriff of Bulloch County upon an annual salary, approved March 19, 1960 (Ga. L. 1960, p. 2594), as amended, particularly by an Act approved March 29, 1983 (Ga. L. 1983, p. 4662), so as to change the compensation of the sheriffs deputies and office clerk; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act placing the sheriff of Bulloch County upon an annual salary, approved March 19, 1960 (Ga. L. 1960, p. 2594), as amended, particularly by an Act approved March 29, 1983 (Ga. L. 1983, p. 4662), 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 $15,288.00 per annum, one junior deputy who shall be compensated in the amount of $13,322.00 per annum, and one office clerk who shall be compensated in the amount of $10,515.00 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 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.
GEORGIA LAWS 1984 SESSION Notice to The Public.
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The public is notified that there will be introduced in the 1984 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 Commissioner's Office; Sheriffs Office; Probate Judge's Office; Tax Commissioner's Office and the Office of the Clerk of Bulloch Superior Court.
It is contemplated that the changes in compensation will be an increase for those concerned, to be effective on the first day of the month following approval by the Governor of Georgia.
This 27th day of January, 1984.
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 date: January 27, 1984.
4152 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
/s/ John F. Godbee Representative, 110th District
Sworn to and subscribed before me, this 30th day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 14,1984.
SUPERIOR COURT OF ROCKDALE COUNTY -- COMPENSATION OF CLERK. No. 772 (House Bill No. 1424). AN ACT
To amend an Act fixing the compensation of the clerk of the Superior Court of Rockdale County, approved March 4,1969 (Ga. L. 1969, p. 2176), as amended, particularly by an Act approved March 18, 1980 (Ga. L. 1980, p. 3484) and an Act approved April 13, 1982 (Ga. L. 1982, p. 4847), so as to change the salary of the clerk; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia: Section 1. An Act fixing the compensation of the clerk of the Superior Court of Rockdale County, approved March 4,1969 (Ga. L. 1969, p. 2176), as amended, particularly by an Act approved March 18, 1980 (Ga. L. 1980, p. 3484) and an Act approved April 13, 1982
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(Ga. L. 1982, p. 4847), is amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows:
"Section 2. The clerk of the Superior Court of Rockdale County shall receive a salary of $24,104.00 per annum, payable in equal monthly installments from the funds of Rockdale County. The clerk shall also be authorized to participate in the Group Retirement Program and the Group Hospitalization Benefit Program on the same basis as other officers and employees of Rockdale County if he meets the normal eligibility requirements of the programs."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1984 session of the General Assembly of Georgia a bill to amend an Act fixing the compensation of the clerk of the Superior Court of Rockdale County, approved March 4,1969 (Ga. L. 1969, p. 2176), as amended, so as to change the compensation of the clerk; and for other purposes.
This 20th day of January, 1984.
Troy A. Athon Representative, 57th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Troy A. Athon, who, on oath, deposes and says that he is Representative from the 57th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Rockdale Citizen which is the official organ of Rockdale County, on the following date: January 26,1984.
4154 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
/s/ Troy A. Athon Representative, 57th District
Sworn to and subscribed before me, this 31st day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 14,1984.
MUSCOGEE COUNTY -- COMPENSATION OF TAX COMMISSIONER.
No. 773 (House Bill No. 1448). AN ACT
To amend an Act abolishing the offices of the tax receiver and tax collector of Muscogee County and creating the office of tax commissioner of such county, approved July 25,1927 (Ga. L. 1927, p. 638), as amended, particularly by an Act approved March 18, 1980 (Ga. L. 1980, p. 3250), so as to change the compensation and the provisions relating to compensation of the tax commissioner of Muscogee County; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia: Section 1. An Act abolishing the offices of the tax receiver and tax collector of Muscogee County and creating the office of tax
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commissioner of such county, approved July 25,1927 (Ga. L. 1927, p. 638), as amended, particularly by an Act approved March 18, 1980 (Ga. L. 1980, p. 3250), 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 tax commissioner of Muscogee County shall be $36,500.00 per annum, to be paid in 12 monthly installments on the first day of each month. All commissions, fees, costs, penalties, allowances, and all other perquisites, moneys or emoluments of whatever kind or character, now or hereafter allowed by law to be collected by the tax commissioner, as tax receiver, tax commissioner, automobile license tag agent, or any other function or capacity exercised as tax commissioner and tax receiver (including commissions, fees, or other charges due the tax commissioner as collecting agent for governmental bodies other than Muscogee County), shall be received and collected by the tax commissioner for the sole use of Muscogee County and shall be held as public moneys belonging to Muscogee County and accounted for and paid over to Muscogee County on or before the tenth day of each month.
(b) Should the salary of the tax commissioner, as provided in subsection (a), ever be less than the compensation authorized to be paid to the sheriff of Muscogee County as computed under Code Section 15-16-20 of the Official Code of Georgia Annotated, as now or hereafter amended, the salary of the tax commissioner shall be increased by the amount necessary to equal the salary of the sheriff as computed under said Code section."
Section 2. This Act shall become effective July 1,1984.
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, 1984, session of the General Assembly of Georgia, a bill to change the compensation of the Tax Commissioner of Muscogee County, Georgia, to establish the effective date; and for other purposes.
4156 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This 4th day of January, 1984.
Charles T. Staples President, Columbus Lawyers Club
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 Enquirer which is the official organ of Muscogee County, on the following date: January 13, 1984.
/s/ Thomas B. Buck, III Representative, 95th District
Sworn to and subscribed before me, this 25th day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985: (Seal).
Approved March 14,1984.
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MUSCOGEE COUNTY -- SALARY SUPPLEMENT OF JUDGES OF SUPERIOR COURT, CHATTAHOOCHEE
JUDICIAL CIRCUIT.
No. 774 (House Bill No. 1450).
AN ACT
To amend an Act providing that the County of Muscogee shall supplement the salary of the judges of the Superior Court of the Chattahoochee Judicial Circuit, approved February 5, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 18), as amended by an Act approved March 2, 1966 (Ga. L. 1966, p. 98), so as to change the amount of such supplement; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act providing that the County of Muscogee shall supplement the salary of the judges of the Superior Court of the Chattahoochee Judicial Circuit, approved February 5, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 18), as amended by an Act approved March 2, 1966 (Ga. L. 1966, p. 98), is amended by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows:
"Section 1. Muscogee County is authorized and directed to supplement the salary of each of the judges of the Superior Court of the Chattahoochee Judicial Circuit, in which said county lies, out of county funds, in the amount of $10,000.00 per annum. Such supplement shall be paid by Muscogee County to each of such judges in equal monthly installments and such payments are declared to be a part of the expenses of the court of such county."
Section 2. This Act shall become effective July 1,1984.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
4158 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the January, 1984 session of the General Assembly of Georgia, a bill to amend an Act providing that the County of Muscogee shall supplement the salary of the judges of the Superior Court of the Chattahoochee Judicial Circuit, approved February 5, 1953 (Ga. L. 1953, Jan.-Feb. Sess. p. 18), so as to change the amount of said supplement; to provide an effective date; and for other purposes.
This 4th day of January, 1984.
Charles T. Staples President, Columbus Lawyers Club
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 Enquirer which is the official organ of Muscogee County, on the following date: January 10, 1984.
/s/ Thomas B. Buck, III Representative, 95th District
GEORGIA LAWS 1984 SESSION
Sworn to and subscribed before me, this 1st day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 14,1984.
4159
WHITFIELD COUNTY -- PROVISIONS FOR MAGISTRATE COURT.
No. 775 (House Bill No. 1452).
AN ACT
To make provisions for the Magistrate Court of Whitfield County; to provide legislative intent; to provide for the election and terms for the chief magistrate and magistrates; to provide for the number of magistrates; to provide for the filling of vacancies; to provide for constables; to provide for a clerk; 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 local prerogatives authorized by Chapter 10 of Title 15 of the O.C.G.A.
Section 2. (a) The offices of chief magistrate and magistrate for the Magistrate Court of Whitfield County shall be elective positions.
(b) The position as chief magistrate shall be a separate elective office from that of a magistrate.
4160 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(c) The number of magistrates, not including the chief magistrate, authorized for Whitfield County shall be two full-time magistrates and one part-time magistrate.
Section 3. (a) The chief magistrate, one full-time magistrate, and the part-time magistrate shall be elected by the voters of Whitfield County at the 1984 general election, in a partisan election in the same manner as county officers are elected, for four-year terms beginning on January 1, 1985, and until successors are selected and qualified.
(b) One full-time magistrate shall be elected by the voters of Whitfield County at the 1986 general election, in a partisan election in the same manner as county officers are elected, for a two-year term beginning on January 1, 1987, and until a successor is selected and qualified.
(c) Beginning with the general election in 1988, the chief magistrate, two full-time magistrates, and the part-time magistrate shall be elected at the general election, in a partisan election in the same manner as county officers are elected, for four-year terms beginning on January 1 following their election and until successors are selected and qualified.
Section 4. (a) In the event that any magistrate who is an incumbent on the effective date of this Act and whose term does not expire until after January 1,1985, chooses to run for the office of chief magistrate at the 1984 general election, any such magistrate shall first resign from office.
(b) If a magistrate referred to in subsection (a) of this section chooses to run for the office of chief magistrate at the 1984 general election, then, in lieu of the election referred to in subsection (a) of Section 3, the chief magistrate, both full-time magistrates, and the part-time magistrate shall be elected by the voters of Whitfield County at the 1984 general election, in a partisan election in the same manner as county officers are elected, for four-year terms beginning on January 1 following their election and until successors are selected and qualified.
(c) If a magistrate referred to in subsection (a) of this section chooses to run for the office of chief magistrate at the 1984 general election, no election for magistrate shall be held in 1986 and subsection (b) of Section 3 shall be void and of no effect.
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Section 5. Any vacancy in the office of chief magistrate or magistrate shall be filled for the unexpired term by the majority vote of the judges of the Superior Court of Whitfield County.
Section 6. (a) There shall be at least one full-time constable and one part-time constable for the magistrate court. Constables shall be appointed by the chief magistrate and shall serve at the pleasure of the chief magistrate.
(b) Compensation for each constable shall be set by the governing authority of Whitfield County, payable from funds of the county.
Section 7. The county governing authority may provide for the appointment by the chief magistrate of a clerk to serve at the pleasure of the chief magistrate. A clerk of the magistrate court so appointed shall be compensated in an amount fixed by the county governing authority at not less than $200.00 per month.
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 1984 session of the General Assembly of Georgia a bill to provide for the officers, personnel, and operation of the Magistrate Court of Whitfield County; to provide for related matters; and for other purposes.
This 4th day of January, 1984.
Roger Williams Representative, 6th District, Post 1
4162 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Roger Williams, who, on oath, deposes and says that he is Representative from the 6th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Daily Citizen-News which is the official organ of Whitfield County, on the following date: January 6, 1984.
/s/ Roger Williams Representative, 6th District
Sworn to and subscribed before me, this 1st day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 14,1984.
MAGISTRATE COURT OF BRYAN COUNTY -- MANNER OF APPOINTMENT OF CHIEF AND OTHER MAGISTRATES. No. 776 (House Bill No. 1454). AN ACT
To make provisions for the Magistrate Court of Bryan County; to
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provide for the method of selection of magistrates; to provide for related matters; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. The chief magistrate of Bryan County who will take office on January 1, 1985, and his successors shall be appointed by majority vote of the superior court judges of the Atlantic Judicial Circuit with the concurrence and approval of the board of commissioners of Bryan County.
Section 2. On and after January 1,1985, the chief magistrate of Bryan County, with the approval of the board of commissioners of Bryan County as to the number of magistrates, may select and appoint additional magistrates of the Magistrate Court of Bryan County as needed. The selection and appointment of such magistrates shall be made only with the approval of the board of commissioners of Bryan 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 1984 session of the General Assembly of Georgia a bill to make provisions for the Magistrate Court of Bryan County; to provide for the method of selection of magistrates; to provide for related matters; and for other purposes.
This 23rd day of January, 1984.
George A. Chance, Jr. Representative, 129th District
4164 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, George A. Chance, Jr., who, on oath, deposes and says that he is Representative from the 129th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Bryan County Times which is the official organ of Bryan County, on the following date: January 25, 1984.
/s/ George A. Chance, Jr. Representative, 129th District
Sworn to and subscribed before me, this 1st day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 14,1984.
STATE COURT OF JOHNSON COUNTY ABOLISHED. No. 777 (House Bill No. 1470). AN ACT
To repeal an Act establishing the State Court of Johnson County, approved August 12,1912 (Ga. L. 1912, p. 318), as amended, so as to abolish that court; to repeal conflicting laws; and for other purposes.
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Be it enacted by the General Assembly of Georgia:
Section 1. An Act establishing the State Court of Johnson County, approved August 12,1912 (Ga. L. 1912, p. 318), as amended, is repealed in its entirety.
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1984 session of the General Assembly of Georgia a bill to repeal an Act establishing the State Court of Johnson County, approved August 12, 1912 (Ga. L. 1912, p. 318), as amended; to repeal conflicting laws; and for other purposes.
This 3rd day of January, 1984.
Jimmy Lord Representative, 107th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jimmy Lord, who, on oath, deposes and says that he is Representative from the 107th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Wrightsville Headlight which is the official organ of Johnson County, on the following date: January 5,1984.
/s/ Jimmy Lord Representative, 107th District
4166 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 2nd day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 14,1984.
UNION COUNTY -- OFFICE OF TREASURER ABOLISHED.
No. 778 (House Bill No. 1479).
AN ACT
To abolish the office of treasurer of Union County; to provide for county depositories; to transfer the duties, powers, responsibilities, and functions of the treasurer to the governing authority of Union County or to an employee of said county designated by the governing authority; 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 Union County prior to that date, the office of treasurer of Union County shall stand abolished.
Section 2. The governing authority of Union County annually shall appoint a depository or depositories for all funds of Union County. All county funds which were paid to the treasurer shall be paid to the governing authority of Union County or to an employee of the county designated by the governing authority and shall be deposited in said county depository or depositories.
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Section 3. The governing authority of Union County or the employee designated by said governing authority shall exercise all the duties, responsibilities, powers, and functions relative to the receiving and transferring of county funds heretofore exercised by the treasurer.
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 1984 session of the General Assembly of Georgia a bill to abolish the office of Treasurer of Union County; and for other purposes.
This 7 day of January, 1984.
Carlton Colwell
Affidavit of Publication.
Georgia, Union County.
Before the undersigned, a Notary Public of said County and State, duly commissioned, qualified, and authorized by law to administer oaths, personally appeared Wanda R. West, who, being first duly sworn, deposes and says: that she is Publisher engaged in the publication of a newspaper known as North Georgia News, published, issued, and entered as second class mail in the City of Blairsville, in said County and State; that she is authorized to make this affidavit and sworn statement; that the notice or other legal advertisement, a true copy of which is attached hereto, was published in North Georgia News on the following date January 12th and received the sum of $5.00 to publish said advertisement, being Notice of Intention to Introduce Local Legislation to Abolish the office of Treasurer.
4168 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This 26 day of January, 1984.
/s/ Wanda R. West, Publisher
Sworn to and subscribed before me, this 26 day of January, 1984.
/s/ Gerald K. West Notary Public My Commission Expires February 9, 1986. (Seal).
Approved March 14,1984.
SUPERIOR COURT OF BERRIEN COUNTY -- MODE OF COMPENSATING CLERK CHANGED.
No. 779 (House Bill No. 1483). AN ACT
To abolish the present mode of compensating the clerk of the Superior Court of Berrien 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 foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
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Section 1. The present mode of compensating the clerk of the Superior Court of Berrien County, known as the fee system, is abolished and, in lieu thereof, said officer shall receive an annual salary of not less than $19,488.00 to be fixed by the governing authority of Berrien County and paid in equal monthly installments from county funds.
Section 2. After the effective date of this Act, the clerk of the Superior Court of Berrien 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 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 clerk of the superior court, expressly including the compensation of all personnel and employees, shall be paid from any funds of the county available for such purpose. All supplies, materials, furnishings, furniture, utilities, and equipment, and the repair, replacement, and maintenance thereof, as may be reasonably required in discharging the official duties of 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 Berrien County.
Section 4. This Act shall become effective on January 1,1985.
Section 5. All laws and parts of laws in conflict with this Act are repealed.
4170 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that a bill will be introduced in the 1984 Session of the General Assembly to change the basis of computing the salary of the Clerk of Berrien County Superior Court from a fee or commission basis based on receipts of said office to a straight salary based on county population as stated in "Official Code of Ga. Ann. Sec. 15-6-88" and all ammendments thereto.
Berrien County Commissioners By: Earnest Sumner, Chairman
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 Legislation was published in the Berrien Press which is the official organ of Berrien County, on the following date: January 25,1984.
/s/ Hanson Carter Representative, 146th District
Sworn to and subscribed before me, this 3rd day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 14,1984.
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CITY OF RINGGOLD -- CORPORATE LIMITS FURTHER DEFINED.
No. 780 (House Bill No. 1520).
AN ACT
To amend an Act incorporating the City of Ringgold, approved March 15,1943 (Ga. L. 1943, p. 1503), as amended, particularly by an Act approved March 25,1980 (Ga. L. 1980, p. 3880), so as to provide that the corporate limits of said city shall not include certain territory; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act incorporating the City of Ringgold, approved March 15,1943 (Ga. L. 1943, p. 1503), as amended, particularly by an Act approved March 25,1980 (Ga. L. 1980, p. 3880), is amended by adding a new Section 2E to read as follows:
"Section 2E. The corporate limits of the City of Ringgold shall not include any part of the right of way of Georgia Highway 2A from Peavine Creek to the city limits of the City of Ringgold as they existed immediately prior to July 11,1983."
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 1984 session of the General Assembly of Georgia a bill to change the corporate limits of the City of Ringgold; to provide for related matters; and for other purposes.
4172 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This 12 day of January, 1984.
Robert G. Peters
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robert G. Peters, who, on oath, deposes and says that he is Representative from the 2nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Catoosa County News which is the official organ of Catoosa County, on the following date: January 18, 1984.
/s/ Robert G. Peters Representative, 2nd District
Sworn to and subscribed before me, this 1st day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 14,1984.
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HABERSHAM COUNTY -- CONSTITUTIONAL AMENDMENT RELATING TO IMPOSITION OF
ALCOHOLIC BEVERAGE TAX CONTINUED.
No. 781 (House Bill No. 1522).
AN ACT
To provide for authority; to continue in force and effect as a part of the Constitution of the State of Georgia ratified in 1982 that constitutional amendment which was proposed by Resolution Act No. 248 enacted at the 1980 Session of the General Assembly and which was duly ratified at the 1980 general election (Ga. L. 1980, p. 2280) and which relates to the imposition of an excise tax for educational purposes on the sale within Habersham County of alcoholic beverages; 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 of the State of Georgia, authorizing continuation of certain amendments to the Constitution.
Section 2. That constitutional amendment which was proposed by Resolution Act No. 248 enacted at the 1980 Session of the General Assembly and which was duly ratified at the 1980 general election (Ga. L. 1980, p. 2280) and which relates to the imposition of an excise tax for educational purposes on the sale within Habersham County of alcoholic beverages shall not be repealed or deleted upon July 1,1987, as part of the Constitution of the State of Georgia ratified in 1982 but is specifically continued in force and effect on and after that date as a part of that Constitution.
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.
4174 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Notice to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1984 session of the General Assembly of Georgia, a bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment ratified at the 1980 general election which authorizes the Board of Education of Habersham County to direct the governing authority of Habersham County to impose throughout the entire county certain excise taxes on alcoholic beverages sold within Habersham County and to authorize said Board to receive funds derived from such taxes and expend same for educational purposes within the Habersham County School District.
Publisher's Affidavit.
Georgia, Habersham County.
Before me, the undersigned, Notary Public, this day personally came Bobby E. Williams, who, being first duly sworn, according to law, says that he is the publisher of the Tri-County Advertiser official newspaper published at Clarkesville, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 12th and 19th days of January, 1984. As provided by law.
/s/ Bobby E. Williams
Subscribed and sworn before me, this 1st day of February, 1984.
/s/ Jane B. Long Notary Public, Georgia State at Large. My Commission Expires, October 28, 1984. (Seal).
Approved March 14, 1984.
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STATE COURT OF CHATHAM COUNTY -- POSITION OF SHERIFF OF STATE COURT ABOLISHED.
No. 782 (House Bill No. 599).
AN ACT
To amend an Act creating the State Court of Chatham County, approved December 18,1819 (Ga. L. 1819, p. 16), as amended, and the several Acts amendatory thereof, so as to abolish the position of sheriff of state court; to provide for his duties to be performed by the sheriff of Chatham County; 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 Chatham County, approved December 18,1819 (Ga. L. 1819, p. 16), as amended, and the several Acts amendatory thereof, are amended in the following respects:
(a) Effective January 1,1985, the position of sheriff of the State Court of Chatham County is abolished.
(b) The sheriff of Chatham County shall on and after January 1, 1985, perform all duties formerly performed by the sheriff of state court but shall not be entitled to any additional compensation as sheriff of state court.
Section 2. All laws and parts of laws in conflict with this Act are repealed.
4176 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Notice.
Notice is hereby given that legislation will be introduced during the 1983 Session of the Georgia General Assembly to abolish the office of Sheriff of State Court and to transfer its functions and personnel to the office of the Sheriff of Superior Court for Chatham County; to be effective upon the expiration of current terms.
Bobby Phillips Representative, 125th District
Notice.
Notice is hereby given that legislation will be introduced during the 1983 Session of the Georgia General Assembly to abolish the office of Clerk of State Court and to transfer its functions and personnel to the office of the Clerk of Superior Court for Chatham County; to be effective upon the expiration of current terms.
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 Legislation was published in the Georgia Gazette which is the official organ of Chatham County, on the following dates: January 5,12,19,1983.
GEORGIA LAWS 1984 SESSION
/s/ Bobby Phillips Representative, 125th 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 14,1984.
4177
STATE COURT OF CLAYTON COUNTY -- AUTHORITY AND DUTIES OF CLERK AND DEPUTY CLERKS.
No. 783 (House Bill No. 1533).
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 enumerate certain responsibilities of the clerk and deputy clerks; to designate the clerk as ex officio deputy sheriff; 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 adding at the end of Section 8 the following:
4178 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
"Such clerk, or any deputy clerk thereof, shall have authority to sign and issue all summons and to file all papers, actions, processes, executions, garnishment proceedings, statutory awards, proceedings against tenants holding over, trover and bail, distress warrants and issues thereon, foreclosures of all liens on personal property, and other like proceedings and processes, and to make all necessary records and entries on the docket, and to perform such duties as may be required by the judges of said court, including the power to administer oaths and take affidavits and counter affidavits to any proceedings from said court. The clerk of the state court shall be an ex officio deputy sheriff.",
so that when so amended Section 8 shall read as follows:
"Section 8. The clerk of the Superior Court of Clayton County shall be the clerk of the State Court of Clayton County and before entering upon the duties of office shall take and subscribe an oath before the judge of the Probate Court of Clayton County to faithfully and impartially discharge the duties thereof, which oath shall be filed in the office of the clerk of the State Court of Clayton County. Any deputy or deputies the clerk may have or may hereafter have shall also be deputy clerks of said court. Such clerk, or any deputy clerk thereof, shall have authority to sign and issue all summons and to file all papers, actions, processes, executions, garnishment proceedings, statutory awards, proceedings against tenants holding over, trover and bail, distress warrants and issues thereon, foreclosures of all liens on personal property, and other like proceedings and processes, and to make all necessary records and entries on the docket, and to perform such duties as may be required by the judges of said court, including the power to administer oaths and take affidavits and counter affidavits to any proceedings from said court. The clerk of the state court shall be an ex officio deputy sheriff."
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 1984 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.
GEORGIA LAWS 1984 SESSION This 31st day of January, 1984.
4179
The Clayton County Legislative Delegation
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Frank I. Bailey, Jr., 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 date: January 31, 1984.
/s/ Frank I. Bailey, Jr. Representative, 72nd District
Sworn to and subscribed before me, this 6th day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 14,1984.
4180 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
PROBATE COURT OF CLAYTON COUNTY -- COMPENSATION OF JUDGE.
No. 784 (House Bill No. 1536).
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 March 14,1983 (Ga. L. 1983, p. 3626), 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 March 14,1983 (Ga. L. 1983, p. 3626), is amended by striking from Section 1 the following:
"$30,770.25",
and inserting in lieu thereof the following:
"$32,325.00",
so that when so amended Section 1 shall read as follows:
"Section 1. The salary herein named for the judge of the probate court shall be his full and complete compensation, and all fees or other emoluments now allowed or hereafter allowed by any authority of law, shall be county funds and accountable for as such. The salary of said judge of the probate court shall be $32,325.00 per annum, payable monthly by the governing authority out of funds of the county. All funds collected from any source under color of said office shall be county funds, except the salary herein named."
Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.
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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 1984 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 1, 1950 (Ga. L. 1950, p. 2068), as amended; and for other purposes.
This 31st day of January, 1984.
The Clayton County Legislative Delegation
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Frank I. Bailey, Jr., 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 date: January 31, 1984.
/s/ Frank I. Bailey, Jr. Representative, 72nd District
4182 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 6th day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 14,1984.
STATE COURT OF CLAYTON COUNTY -- RESTRICTIONS ON PRIVATE PRACTICE BY
SOLICITOR -- SALARY.
No. 785 (House Bill No. 1538).
AN ACT
To amend an Act creating the State Court of Clayton County, approved January 28, 1964 (Ga. L. 1964, p. 2032), as amended, particularly by an Act approved March 14,1983 (Ga. L. 1983, p. 3873), 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 repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the State Court of Clayton County, approved January 28, 1964 (Ga. L. 1964, p. 2032), as amended, particularly by an Act approved March 14,1983 (Ga. L. 1983, p. 3873), is amended by striking Section 6 in its entirety and substituting in lieu thereof a new Section 6 to read as follows:
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"Section 6. Salary of solicitor. The salary of the solicitor of said court shall be $33,600.00 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. All laws and parts of laws in 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 1984 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 31st day of January, 1984.
The Clayton County Legislative Delegation
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Frank I. Bailey, Jr., 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 date: January 31, 1984.
4184 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
/s/ Frank I. Bailey, Jr. Representative, 72nd District
Sworn to and subscribed before me, this 6th day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 14,1984.
CLAYTON COUNTY BOARD OF COMMISSIONERS -- COMPENSATION OF CHAIRMAN. No. 786 (House Bill No. 1541). 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 March 14, 1983 (Ga. L. 1983, p. 3628), 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 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 14, 1983 (Ga. L. 1983, p. 3628), is amended by striking from Section 7 the following:
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"$43,053.15" and "$7,644.00", respectively,
and inserting in lieu thereof the following:
"$45,225.00" and "$8,025.00", 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 $45,225.00 per annum, to be paid in equal monthly installments from the funds of Clayton County. The chairman of the board shall also receive an annual expense allowance of $3,000.00 per annum payable out of the funds of the county and shall be entitled to a county automobile while engaged in county business. The other four members of the board shall be compensated in the amount of $8,025.00 per annum to be paid in equal monthly installments. Each of the other members of the board shall receive an annual expense allowance of $2,400.00 per annum payable in equal monthly installments. These payments shall be made from the funds of Clayton County. The chairman of the board shall devote his entire time to the duties of his office and shall be the administrative and executive official of the board. All five members of the board, however, shall have an equal vote in all matters pertaining to the affairs of Clayton County, and the chairman shall carry out and administer the policies set by the board. The chairman shall elect the director of finance/comptroller, but the chairman's selection must be confirmed by a majority vote of the entire board."
Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1984 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.
4186 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This 31st day of January, 1984.
The Clayton County Legislative Delegation
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Frank I. Bailey, Jr., 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 date: January 31, 1984.
/s/ Frank I. Bailey, Jr. Representative, 72nd District
Sworn to and subscribed before me, this 6th day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 14,1984.
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CITY OF FOREST PARK -- CORPORATE LIMITS EXTENDED.
No. 787 (House Bill No. 1562).
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, particularly by an Act approved March 16,1981 (Ga. L. 1981, p. 3117), so as to extend the corporate limits of said city; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act reincorporating the City of Forest Park in Clayton County and creating a new charter for said city, approved April 19,1973 (Ga. L. 1973, p. 3701), as amended, particularly by an Act approved March 16, 1981 (Ga. L. 1981, p. 3117), is amended by adding at the end of Section 1.02 the following:
"The corporate limits of the City of Forest Park shall also include the following tracts or parcels of property:
PARCEL 1
All that tract or parcel of land lying and being in Land Lot 209, of the 12th District of Clayton County, Georgia, and being more particularly described as follows:
BEGINNING at a made corner which is 669.6 feet south and 372 feet south, 89 20' east from the northeast original corner of Land Lot 48; thence continuing south 89 20' east for 217.7 feet to a made corner; thence south 0 51' east a distance of 113.53 feet to a point; thence running south 0 36' west for 99.8 feet to a made corner; thence north 89 31' west for 169.9 feet to a made corner; thence south 0 27' west for 100 feet to a made corner; thence north 89 20' west for 50 feet to a made corner; thence north 0 27' east for 314 feet to a made corner and the POINT OF BEGINNING.
4188 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
PARCEL 2
All that tract or parcel of land located in Land Lots 43 and 44 of the 13th District of Clayton County and described as follows:
BEGINNING at a point on the northwest corner of the western most boundary of the corporate limits of the City of Forest Park, Clayton County, Georgia, thence running south a distance of 50 feet to a point; thence running due west along the southerly line of Land Lot 43 and Land Lot 44 to a point which is the western right-of-way of Interstate 75 and the John Azar property; thence running north 30 degrees 25 minutes 16 seconds west along said western right-of-way of Interstate 75 a distance of 60 feet to a made corner; thence due east to the intersection of the northwest corner of the western most boundary of the corporate limits of the City of Forest Park and the true POINT OF BEGINNING.
PARCEL 3
All that tract of land located in Land Lot 43 of the 13th District of Clayton County and being more particularly described as follows:
BEGINNING at a point on the south land lot line of Land Lot 43 at the intersection with the west right of way of 1-75; thence running north 30 degrees 25 minutes 16 seconds west along the west right of way of 1-75, 330.74 feet to a concrete right of way marker; thence running south 80 degrees 38 minutes 28 seconds west, 74.24 feet to a point on the east right of way of State Route 85; thence running south 33 degrees 21 minutes 26 seconds west along the east right of way of State Route 85,157.22 feet to a point; thence running south 28 degrees 30 minutes 20 seconds west along the east right of way of State Route 85,88.03 feet to a point; thence running south 24 degrees 18 minutes 39 seconds west along the east right of way of State Route 85, 74.15 feet to a point on the south line of Land Lot 43; thence running north 89 degrees 33 minutes 14 seconds east along the south land lot line, 399.72 feet to the POINT OF BEGINNING."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
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4189
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1984 session of the General Assembly of Georgia a bill 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, so as to change the corporate limits of said city; and for other purposes.
This 23rd day of January, 1984.
Jerome Tomasello Mayor
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Frank I. Bailey, Jr., 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 date: January 25, 1984.
/s/ Frank I. Bailey, Jr. Representative, 72nd District
Sworn to and subscribed before me, this 6th day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 14,1984.
4190 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
MAGISTRATE COURT OF COLQUITT COUNTY -- MANNER OF APPOINTMENT AND TERM OF CHIEF MAGISTRATE.
No. 788 (House Bill No. 1582).
AN ACT
To make provisions for the Magistrate Court of Colquitt County; to provide legislative intent; to provide that the chief magistrate of the Magistrate Court of Colquitt County shall be appointed by the majority vote of the judges of the Superior Court of Colquitt County; 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 local prerogatives authorized by Chapter 10 of Title 15 of the O.C.G.A.
Section 2. The position of chief magistrate of the Magistrate Court of Colquitt County shall be an appointed position. There shall be no election for the position of chief magistrate in 1984. The term as chief magistrate of the person holding such office on the effective date of this Act shall expire on December 31,1984.
Section 3. There shall be a chief magistrate of the Magistrate Court of Colquitt County appointed by the majority vote of the judges of the Superior Court of Colquitt County. The first chief magistrate appointed under this Act shall take office on January 1, 1985, for a term of four years and until a successor is appointed and qualified. Successors to the chief magistrate shall likewise be appointed quadrennially for a term to begin on January 1.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
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Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1984 session of the General Assembly of Georgia a bill to make provisions for the Magistrate Court of Colquitt County; and for other purposes.
Hugh 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 Weekly Moultrie Observer which is the official organ of Colquitt County, on the following date: February 1,1984.
/s/ Hugh D. Matthews Representative, 145th District
Sworn to and subscribed before me, this 8th day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 14,1984.
4192 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
DeKALB COUNTY BOARD OF EDUCATION -- NON-PARTISAN ELECTION OF MEMBERS --
PROCEDURES.
No. 789 (House Bill No. 1602).
AN ACT
To amend an Act establishing in DeKalb County districts from which the members of the county board of education shall be elected, approved April 12,1963 (Ga. L. 1963, p. 3424), as amended, particularly by an Act approved April 12,1982 (Ga. L. 1982, p. 3797), so as to provide that the members of said board of education shall be elected on a nonpartisan basis; to provide for applicability; to provide for procedures relative to the nomination and qualification of candidates for said board of education; to provide the form of ballots; 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 in DeKalb County districts from which the members of the county board of education shall be elected, approved April 12,1963 (Ga. L. 1963, p. 3424), as amended, particularly by an Act approved April 12, 1982 (Ga. L. 1982, p. 3797), is amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows:
"Section 2. (a) The members of the board of education of DeKalb County serving at the time this Act becomes effective shall continue to serve out the terms of office to which they were elected. Their successors shall be elected as provided in subsections (b) and (c) of this section, and they shall take office and serve for the term of office as provided therein.
(b) Successors to the members of the board of education elected at the general election held in 1982 from School Districts 1, 3, and 5 and Post 1 of School District 6 shall be nominated in a nonpartisan primary and elected in a nonpartisan election to be held and conducted at the same times as the general primary and the general election in 1986. They shall take office on the first day of January immediately following their election for terms of four years and until
GEORGIA LAWS 1984 SESSION
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their successors are elected and qualified. Thereafter, future successors shall be elected at the nonpartisan primary and election held at the same times as the general primary and election immediately preceding the expiration of their terms of office and shall take office on the first day of January immediately following their election for terms of four years and until their successors are elected and qualified.
(c) The members of the board of education first elected as provided in this Act, from School Board Districts 2 and 4 and Post 2 of School Board District 6 shall be the successors to the incumbent members from the heretofore existing School Board Districts 2,3, and 5, respectively. The first such members shall be nominated in a nonpartisan primary and elected in a nonpartisan election to be held and conducted at the same times as the general primary and the general election in 1984. They 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. Thereafter, future successors shall be elected at the nonpartisan primary and election held at the same times as the general primary and election immediately preceding the expiration of their terms of office and shall take office on the first day of January immediately following their election for terms of four years and until their successors are elected and qualified."
Section 2. Said Act is further amended by striking Section 3, which reads as follows:
"Section 3. Members of the board of education provided for herein shall be nominated and elected in accordance with the provisions of Code Title 34, known as the `Georgia Election Code,' as now or hereafter amended.",
in its entirety and inserting in lieu thereof a new Section 3 to read as follows:
"Section 3. (a) Except as otherwise provided in this Act, the members of the board of education shall be elected pursuant to the general election laws of Georgia.
(b) Candidates for membership on the board of education shall be nominated in a nonpartisan primary to be held and conducted at the same time as the general primary every four years. A candidate
4194 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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. No candidates for such office shall be nominated by a political party or by a petition as a candidate of a political body or as an independent candidate.
(c) In the event no candidate from a district and post, when applicable, receives a majority of the votes cast, there shall be a nonpartisan primary runoff between the candidates receiving the two highest numbers of votes for such office. The candidate receiving a majority of the total votes cast in the nonpartisan primary or the nonpartisan primary runoff shall be the only candidate for such office to have his name placed on the nonpartisan general election ballot.
(d) The names of all candidates for the board of education 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."
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 1984 session of the General Assembly of Georgia a bill to amend an Act establishing in DeKalb County districts from which the members of the board of education shall be elected, approved April 12,1963 (Ga. L. 1963, p. 3424), as amended, particularly by an Act approved April 12,1982 (Ga. L. 1982, p. 3797); and for other purposes.
This 26th day of January, 1984.
Betty Jo Williams Representative, 48th District
GEORGIA LAWS 1984 SESSION
Cas Robinson Representative, 58th District
4195
Publisher's Certificate.
Georgia, DeKalb County.
Personally appeared before the undersigned, a notary public within and for said county and State, Gerald Wm. Crane, Copublisher of 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-districts to elect board of education members, a true copy of which is hereto annexed, was published in said newspaper in its issue of the 2nd day of February, 1984.
/s/ Gerald W. Crane Co-Publisher,
/s/ Samme Johnson Agent
Sworn to and subscribed before me, this 2nd day of February, 1984.
/s/ Linda L. OnNotary Public. My Commission Expires June 21, 1985. (Seal).
Approved March 14,1984.
4196 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
MAGISTRATE COURT OF DODGE. COUNTY -- MANNER OF APPOINTMENT AND TERM OF OFFICE OF CHIEF MAGISTRATE.
No. 790 (House Bill No. 1603).
AN ACT
To make provisions for the Magistrate Court of Dodge County; to provide for the appointment of the chief magistrate of the Magistrate Court of Dodge County by the chief judge of the Superior Court of Dodge County; to provide for terms of office; to provide for the filling of vacancies; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. On or before January 1,1985, the chief judge of the Superior Court of Dodge County shall appoint a duly qualified person as chief magistrate of the Magistrate Court of Dodge County for a term of office of four years beginning on January 1,1985. Successors to such chief magistrate shall be appointed by the chief judge of the Superior Court of Dodge County immediately prior to the expiration of a term of office. Successors so appointed shall take office on the first day of January following their appointment for terms of office of four years. A vacancy in the office of chief magistrate shall be filled by an appointment by the chief judge of the Superior Court of Dodge County and the person so appointed shall serve for the remainder of the unexpired term.
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1984 session of the General Assembly of Georgia a bill to make provisions for the Magistrate Court of Dodge County; to provide for the appointment of the chief magistrate; to provide for terms of office; to provide for vacancies; and for other purposes.
GEORGIA LAWS 1984 SESSION This 14 day of January, 1984.
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Terry Coleman
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Terry L. Coleman, who, on oath, deposes and says that he is Representative from the 118th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Times Journal Spotlight which is the official organ of Dodge County, on the following date: January 26, 1984.
/s/ Terry L. Coleman Representative, 118th District
Sworn to and subscribed before me, this 10th day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 14,1984.
4198 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
MAGISTRATE COURT OF CHATTOOGA COUNTY -- JUDGE OF PROBATE COURT DESIGNATED CHIEF
MAGISTRATE.
No. 791 (House Bill No. 1610). AN ACT
To make provisions for the Magistrate Court of Chattooga County; to provide that the judge of the Probate Court of Chattooga County shall serve as the chief magistrate of Chattooga County; 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 Chattooga County shall serve as the chief magistrate of Chattooga 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 1984 session of the General Assembly of Georgia a bill to make provisions for the Magistrate Court of Chattooga County; to provide that the judge of the Probate Court of Chattooga County shall serve as the chief magistrate of Chattooga County; and for other purposes.
This 4th day of February, 1984.
John G. Crawford Representative, 5th District
GEORGIA LAWS 1984 SESSION Georgia, Fulton County.
4199
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John G. 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 date: February 9, 1984.
/s/ John G. Crawford Representative, 5th District
Sworn to and subscribed before me, this 13th day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 14,1984.
MAGISTRATE COURT OF CANDLER COUNTY -- MANNER OF APPOINTMENT OF MAGISTRATES.
No. 792 (House Bill No. 1635). AN ACT
To provide for a chief magistrate and a magistrate of the Magis-
4200 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
trate Court of Candler County; to provide for the selection of the chief magistrate and magistrate; to provide that magistrates of Candler County serving on the effective date of this Act shall continue to serve until the expiration of their terms of office; to provide a manner of filling vacancies in the office of chief magistrate and magistrate; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. The magistrates of Candler County serving on the effective date of this Act shall continue to serve until the expiration of the terms of office to which they were appointed. Thereafter, the Magistrate Court of Candler County shall have two magistrates, one of whom shall be designated the chief magistrate. The chief magistrate and magistrate of Candler county shall be appointed by majority vote of the judges of the superior courts of the Middle Judicial Circuit for terms of office as provided by general law. A vacancy in the office of chief magistrate or magistrate shall be filled by an appointment by majority vote of the judges of the superior courts of the Middle Judicial Circuit for the remainder of the unexpired term.
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Notice of Local Legislation.
Notice is hereby given that legislation will be introduced at the 1984 session of the General Assembly to provide that the chief magistrate and any additional magistrate of Candler County, Georgia, shall be appointed by the Judges of the Superior Court of Candler County, Middle Judicial Circuit, and for other purposes.
Randy Karrh Representative, Candler County, Georgia
GEORGIA LAWS 1984 SESSION Georgia, Fulton County.
4201
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 date: February 8,1984.
/s/ Randolph C. Karrh Representative, 109th District
Sworn to and subscribed before me, this 14th day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 14,1984.
STATE COURT OF SPALDING COUNTY -- COMPENSATION OF JUDGE AND SOLICITOR.
No. 793 (House Bill No. 1642). AN ACT
To amend an Act establishing the State Court of Spalding County,
4202 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
formerly known as the City Court of Griffin, approved December 14, 1897 (Ga. L. 1897, p. 462), as amended, particularly by an Act approved April 11,1979 (Ga. L. 1979, p. 4301) and an Act approved April 6,1981 (Ga. L. 1981, p. 4131), so as to change the compensation of the judge and solicitor of said court; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act establishing the State Court of Spalding County, formerly known as the City Court of Griffin, approved December 14,1897 (Ga. L. 1897, p. 462), as amended, particularly by an Act approved April 11, 1979 (Ga. L. 1979, p. 4301) and an Act approved April 6,1981 (Ga. L. 1981, p. 4131), is amended by striking Section 3 in its entirety and inserting in lieu thereof a new Section 3 to read as follows:
"Section 3. There shall be a judge of the State Court of Spalding County, who shall be elected by the qualified voters of Spalding County and whose term of office shall be four years, and all vacancies in said office shall be filled by appointment of the Governor for the residue of the unexpired term. The first election held under this section shall be at the same time and place and under all the rules and regulations provided for the election of the county officers of Spalding County, Georgia, in October, 1908, and shall be for a term of four years, beginning January 1,1909. Subsequent elections shall be held at intervals of four years from the date of this first election. The judge of the State Court of Spalding County shall receive a salary of $17,000.00 per annum, which shall not be diminished during his term of office, and which shall be paid monthly on the receipt of the said judge out of the treasury of Spalding County. It shall be the duty of the board of commissioners of said county to make provisions for this purpose in levying county taxes."
Section 2. Said Act is further amended by striking Section 5 in its entirety and inserting in lieu thereof a new Section 5 to read as follows:
"Section 5. There shall be a solicitor of the State Court of Spalding County, to be elected by the qualified voters of Spalding County, whose term of office shall be four years and all vacancies in said office shall be filled by appointment of the Governor for the
GEORGIA LAWS 1984 SESSION
4203
residue of the unexpired term. The first election held under this section shall be held at the same time and place and under all the rules and regulations provided for the election of county officers of Spalding County on October 19,1908, and shall be for a term of four years, beginning January 1,1909. Subsequent elections shall be held at intervals of four years from the date of the first election at the regular election for county officers. Any person to be eligible to the position of solicitor of the State Court of Spalding County must have reached the age of 25 years, must have practiced law at least three years, and must have been a citizen of Spalding County at least three years. The said solicitor shall receive for each written accusation filed with the clerk of court the sum of $6.25; shall receive for each person prosecuted to trial or plea of guilty for any offense the sum of $6.25. His fees for all other services rendered shall be the same as are allowed a district attorney of the superior court. For his services in the Supreme Court he shall be paid out of the treasury of the state in the same manner as the district attorney of the superior court is paid for like services, provided that at the end of each term of the state court the solicitor of the State Court of Spalding County shall collect the full amount of his fees at the distribution of the same by the judge of the state court and pay over the same into the treasury of Spalding County. At all times he shall collect and pay over into the treasury of said county all the money he receives under this fee system. For all his services the said solicitor shall receive a salary of $17,000.00 per annum which shall be paid him monthly out of the treasury of Spalding County upon receipt of said solicitor of State Court of Spalding County. Said salary shall not be diminished during his term of office, and his salary shall be his only compensation for the services rendered by the said solicitor of the State Court of Spalding County. Before entering upon the duties of his office the said solicitor shall give a bond payable to the Governor and his successors in office with good security to be approved by the judge of said court, in the sum of $2,000.00, conditioned to account for all money which may come into his hands as solicitor and for the faithful discharge of the duties of said office. In addition to the oath required of all civil officers take and subscribe the following oath: `I do swear that I will faithfully and impartially and without fear, favor, or affection, discharge my duties as solicitor of the State Court of Spalding County, so help me God.' Said bond and oath shall be entered on the minutes of the court by the clerk of the State Court of Spalding County and an action may be brought on the bond by any person interested. In case of his absence or disqualification to act in any case, the court shall have power to appoint a solicitor pro tern."
4204 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 3. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1984 session of the General Assembly of Georgia a Bill to change the compensation of the Judge and Solicitor of the State Court of Spalding County; to repeal conflicting laws and for other purposes.
This the 7th day of February, 1984.
Maureen C. Jackson Clerk, Board of Commissioners
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John L. Mostiler, who, on oath, deposes and says that he is Representative from the 75th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Griffin Daily News which is the official organ of Spalding County, on the following date: February 9, 1984.
/s/ John L. Mostiler Representative, 75th District
GEORGIA LAWS 1984 SESSION
Sworn to and subscribed before me, this 14th day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 14,1984.
4205
BOARD OF COMMISSIONERS OF LINCOLN COUNTY -- COMPENSATION OF MEMBERS OTHER
THAN CHAIRMAN.
No. 794 (House Bill No. 1644).
AN ACT
To amend an Act creating the Board of Commissioners of Lincoln County, approved February 25, 1949 (Ga. L. 1949, p. 1228), as amended, particularly by an Act approved March 24, 1978 (Ga. L. 1978, p. 4387), so as to change the compensation of the members of the board of commissioners other than the chairman; to 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 Xjj An Act creating the Board of Commissioners of Lincoln County, approved February 25,1949 (Ga. L. 1949, p. 1228), as amended, particularly by an Act approved March 24,1978 (Ga. L. 1978, p. 4387), is amended by striking Section 4 in its entirety and inserting in lieu thereof a new Section 4 to read as follows:
4206 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
"Section 4. The remaining two members of said board shall be paid $100.00 per month. There shall be no limitation as to the number of meetings which are held each month. In addition to such compensation, each of the remaining two members of the board shall receive an expense allowance of $50.00 per 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.
Notice of Intention to Introduce Local Legislation.
Pursuant to a recommendation by the Lincoln County Grand Jury sitting at the January, 1984, Term, notice is hereby given that there will be introduced at the regular 1984 Session of the General Assembly of Georgia, a bill to increase the monthly salaries of the two members of the Board of Commissioners of Lincoln County, Georgia, other than the Chairman, from $55.00 per month to $100.00 per month; to provide an expense allowance for the two said members of the Board in the amount of $50.00 per member per month; to provide an effective date beginning at the next four-year term beginning January 1,1985; to repeal conflicting laws; and for other purposes.
This 24th day of January, 1984.
Ben Barron Ross Representative, 82nd District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ben Barron Ross, who, on oath, deposes and says that he is Representative from the 82nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Lincoln Journal which is the official organ of Lincoln County, on the following date: February 9,1984.
GEORGIA LAWS 1984 SESSION
/s/ Ben Barron Ross Representative, 82nd District
Sworn to and subscribed before me, this 14th day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 14,1984.
4207
WARREN COUNTY -- OFFICE OF TREASURER ABOLISHED.
No. 795 (House Bill No. 1647).
AN ACT
To abolish the office of treasurer of Warren County; to provide for county depositories; to transfer the duties, powers, responsibilities, and functions of the treasurer to the governing authority of Warren County or to an employee of said county designated by the governing authority; to repeal a specific Act; 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 Warren County prior to that date, the office of treasurer of Warren County shall stand abolished.
4208 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2. After the abolition of the office of treasurer becomes effective, the governing authority of Warren County annually shall appoint a depository or depositories for all funds of Warren County. All county funds which were paid to the treasurer shall be paid to the governing authority of Warren County or to an employee of the county designated by the governing authority and shall be deposited in said county depository or depositories.
Section 3. After the abolition of the office of treasurer becomes effective, the governing authority of Warren County or the employee designated by said governing authority shall exercise all the duties, responsibilities, powers, and functions relative to the receiving and transferring of county funds heretofore exercised by the treasurer.
Section 4. Effective on the date on which the office of treasurer of Warren County is abolished pursuant to Section 1 of this Act, an Act creating the office of treasurer of Warren County, approved August 3,1923 (Ga. L. 1923, p. 345), as amended by an Act approved February 26, 1962 (Ga. L. 1962, p. 2187), shall be repealed in its entirety.
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 1984 session of the General Assembly of Georgia legislation to repeal an act creating the office of Treasurer of Warren County, Georgia; to abolish the office of Treasurer of Warren County, Georgia at the end of the current term of office; to provide an effective date of January 1, 1985; to repeal conflicting laws; and for other purposes.
This 4th day of February, 1984.
Ben Barron Ross Representative, 82nd District
GEORGIA LAWS 1984 SESSION Affidavit.
4209
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, legal organ for Warren County, the following date, to-wit: February 10,1984.
Sworn to on the 11th day of February, 1984.
/s/ Alva L. Haywood Publisher
Sworn to and subscribed before me, on the 11th day of February, 1984.
/s/ Rhonda S. Phillips Notary Public. My Commission Expires January 26, 1985. (Seal).
Approved March 14,1984.
4210 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SUPERIOR COURT OF CLAYTON COUNTY -- COMPENSATION OF SHERIFF, CLERK AND DEPUTY CLERK.
No. 796 (House Bill No. 1535).
AN ACT
To amend an Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, approved February 25, 1949 (Ga. L. 1949, p. 1910), as amended, particularly by an Act approved March 14,1983 (Ga. L. 1983, p. 3737), 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 March 14, 1983 (Ga. L. 1983, p. 3737), is amended by striking from Section 1 the following:
"$30,770.25",
and inserting in lieu thereof the following:
"$32,325.00",
so that when so amended Section 1 shall read as follows:
"Section h 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 $32,325.00 per annum, both salaries being payable in equal monthly installments by the governing authority of said county out of the funds of said county. Any funds, except the salary provided herein, which is collected under the color
GEORGIA LAWS 1984 SESSION
4211
of their offices shall be construed as county funds and shall be accounted for as such."
Section 2. Said Act is further amended by striking from subsection (b) of Section 1A the following:
"$22,575.00",
and inserting in lieu thereof the following:
"$24,850.00",
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 $24,850.00 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 hereby given that there will be introduced at the regular 1984 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 31st day of January, 1984.
The Clayton County Legislative Delegation
4212 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Frank I. Bailey, Jr., 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 date: January 31, 1984.
/s/ Frank I. Bailey, Jr. Representative, 72nd District
Sworn to and subscribed before me, this 6th day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 14,1984.
CITY OF SOPERTON -- NEW CHARTER. No. 797 (House Bill No. 1600). AN ACT
To provide a new charter for the City of Soperton, Georgia; to provide for incorporation, boundaries, and powers; to provide for
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4213
legislative, judicial, and executive branches of government; to provide for elections and removal; to provide for financial and fiscal affairs; to provide for general provisions; to provide for penalties; to provide for specific repeal; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
ARTICLE I INCORPORATION, BOUNDARY, POWERS
Section 1.10. Incorporation. The City of Soperton, Georgia, heretofore made a body politic and corporate, and the inhabitants thereof shall continue to be a body politic and corporate under the name and style of the City of Soperton, sometimes referred to in this charter as "the city," and by that name and style shall have perpetual succession with power and authority in and by said corporation to contract and be contracted with, to sue and be sued, to plead and be impleaded in any court of law or equity in this state, or elsewhere, as their rights may come in question; shall have and use a common seal; shall be able in law and equity to purchase, have, hold, enjoy, receive, possess, and retain to them, their successors, and assigns for the use and benefit of said City of Soperton in perpetuity, or for any term of years, any estate or estates, and any and all kinds of property, real and personal, inside or outside the corporate limits of said city for corporate purposes; they shall have the right to borrow money and give evidences of indebtedness for the same, to issue bonds, and to do and perform all and every act or acts necessary or incident to the raising of funds for the legitimate use of said city; they shall have the right, power, and authority to govern themselves by such rules, bylaws, regulations, resolutions, ordinances, or other orders as they may deem proper, not in conflict with this charter or the Constitution and laws of this state or of the United States. Nothing in this charter shall constitute a waiver of the sovereign immunity of the city.
Section 1.11. Boundaries. The corporate limits of the City of Soperton shall be as follows:
The center of said City of Soperton shall be the point or site on which the depot of the Macon, Dublin and Savannah Railroad Company was formerly situated, which point or site is now designated by a concrete marker now permanently established at said
4214 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
point or site on the western side of Second Street in said City of Soperton, which concrete marker is 13 1/2 inches in diameter and on which the words "Center of Soperton" are inscribed; and the starting point from which the boundaries of said City of Soperton shall be measured is said point or site, designated by said concrete marker, and the boundaries of said City of Soperton shall be as follows: Beginning at said starting point, and extending one mile in every direction, so as to embrace a circle with a radius of one mile with its center said starting point.
Section 1.12. Specific powers. Subject to the limitations and requirements of general law the corporate powers of the government of the City of Soperton to be exercised by the governing authority may include the following:
(1) To levy and to provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation;
(2) To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades, and professions; and to license and regulate such privileges, occupations, trades, and professions; and to provide for the manner and method of payment of such licenses and taxes; and to revoke such licenses;
(3) To levy and collect such other taxes as may be allowed now or in the future by state law;
(4) To make appropriations for the support of the government of the city, to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia, and to provide for the payment of expenses of the city;
(5) To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia;
(6) To acquire, dispose of, and hold in trust or otherwise, any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city;
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(7) To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to the powers and duties of the city and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose;
(8) To condemn property, inside or outside the corporate limits of the city for present or future use, and for any corporate purpose deemed necessary by the governing authority, under Title 22 of the O.C.G.A., relating to eminent domain, or under other applicable laws as are now or may be hereafter enacted;
(9) To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including but not limited to a system of waterworks, sewers and drains, sewage disposal, gas works, electric light plants, transportation facilities, public airports, and any other public utility; to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties and withdrawal of service for refusal or failure to pay same and the manner in which such remedies shall be enforced;
(10) To grant franchises or make contracts for public utilities, including the power to grant privileges and franchises to any other municipal corporation to own and operate natural gas distribution systems within the corporate limits of the City of Soperton; to prescribe the rates, fares, regulations, and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with such regulations by the Public Service Commission;
(11) To lay out, open, extend, widen, narrow, establish, or change the grade of, abandon, or close, construct, pave, curb, gutter, adorn with shade trees, otherwise improve, maintain, repair, clean, prevent erosion of, and light roads, alleys, and . walkways within the corporate limits of the city;
(12) To grant franchises and rights of way throughout the streets and roads and over the bridges and viaducts for the use of public utilities;
(13) To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks, and playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, sewers, drains, sewerage treat-
4216 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ment plants, 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., relating to eminent domain, or other applicable laws as are now or may be hereafter enacted;
(14) To require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots and lands; and to enact ordinances establishing the terms and conditions under which such repairs and maintenance shall be effected, including the penalties to be imposed for failure to do so;
(15) To regulate the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air-conditioning codes and to regulate all housing, building, and building trades; to license all building trades and to license the construction and erection of buildings and all other structures;
(16) To provide for the prevention and punishment of drunkenness, riots, and public disturbances;
(17) To regulate or prohibit junk dealers, pawn shops, the manufacture, sale, transportation, or distribution of intoxicating liquors and the use and sale of firearms; and to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials; the use of lighting and heating equipment; and any other business or situation which may be dangerous to persons or property;
(18) To regulate and control the conduct of peddlers and itinerant trades, theatrical performances, exhibitions, shows of any kind whatever, by taxation or otherwise;
(19) To license, tax, regulate, or prohibit professional fortunetelling, palmistry, adult bookstores, and massage parlors;
(20) To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions
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upon or adjacent to the right of way of streets and roads or within view thereof, within or abutting the corporate limits of the city and to prescribe penalties and punishment for violation of such ordinances;
(21) To prescribe standards of health and sanitation and to provide for the enforcement of such standards;
(22) To regulate the emission of smoke or other exhaust which pollutes the air and to prevent the pollution of natural streams which flow within the corporate limits of the city;
(23) To fix and establish fire limits and from time to time to extend, enlarge, or restrict same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violation thereof;
(24) To provide for the destruction and removal of any building or other structure which may be or might become dangerous or detrimental to the public;
(25) To provide for the collection and disposal of garbage, rubbish, refuse, and other solid waste; to regulate the collection and disposal of garbage, rubbish, refuse, and other solid waste by others; to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and to provide for the sale of such items; to recover and utilize resources contained in solid waste for production of energy and other purposes;
(26) To levy, fix, assess, and collect a garbage, refuse, trash, and waste collection and disposal and other sanitary service charge, tax, or fee, for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business therein benefiting from such services; to enforce the payment of such charges, taxes, or fees, and to provide for the manner and method of collecting such service charges;
(27) To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage systems,
4218 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
and to levy on the users of sewers and sewerage systems a sewer service charge fee or sewer tax for the use of sewers; and to provide for the manner and method of collecting such service charge or charges and for enforcing payment of same;
(28) To charge, impose, and collect a sewer connection fee or fees, and to charge the same from time to time, such fees to be levied on the users connecting with the sewerage system;
(29) To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental, or likely to be detrimental, to the health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city and to provide for the enforcement of such standards;
(30) To define a nuisance and provide for its abatement whether on public or private property;
(31) To provide for the preservation and protection of property and equipment of the city and the administration and use of same by the public and to prescribe penalties and punishment for violations thereof;
(32) To establish minimum standards for and to regulate building construction and repair, electrical wiring and equipment, gas installation and equipment, plumbing, and housing for the health, sanitation, cleanliness, welfare, and safety of inhabitants of the city and to provide for the enforcement of such standards;
(33) To provide that persons given jail sentences in the municipal court shall work out such sentence in any public works or on the streets, roads, drains, and squares in the city, or to provide for commitment of such persons to any county work camp or jail by agreement with appropriate county officials;
(34) To adopt ordinances and regulations for the prevention of loitering, disorderly conduct, public drunkenness, and disturbing the peace in the corporate limits of the city, and to prohibit the playing of lotteries therein; and to prohibit or regulate by ordinance such other conduct and activities within said city which, while not constituting an offense against the laws of this state, 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;
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(35) To regulate and license or prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same, if in violation of any ordinance or lawful order; also to provide for their disposition, as provided by ordinance, by sale, gift, or humane destruction when not redeemed; to provide punishment for violation of ordinances enacted under this charter;
(36) To regulate the operation of motor vehicles and exercise control over all traffic, including parking, upon or across the streets, roads, alleys, and walkways of the city;
(37) To regulate and license vehicles operated for hire in the city, to limit the number of such vehicles, to require the operators thereof to be licensed, to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance, and to regulate and rent parking spaces in public ways for the use of such vehicles;
(38) To provide and maintain a pension and retirement system for officers and employees of the city;
(39) To levy and provide for the collection of special assessments to cover the costs of any public improvements;
(40) To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations providing for services to be furnished and payments to be made therefor;
(41) To create, alter, or abolish departments, boards, offices, commissions, and agencies of the city; and to confer upon such agencies the necessary and appropriate authority for carry. ing out all the powers conferred upon or delegated to same;
(42) To make, ordain, and establish such bylaws, ordinances, rules, and regulations as shall appear necessary for the security, welfare, convenience, and interest of the city and the inhabitants thereof, and for preserving the health, peace, order, and good government of the city;
(43) To provide penalties for violation of any ordinance adopted pursuant to the authority of this charter and the laws of the State of Georgia;
4220 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(44) To exercise the power of arrest through duly appointed policemen, and to organize and operate a fire fighting agency;
(45) To establish procedures for determining and proclaiming that an emergency situation exists inside or outside the city and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city;
(46) To provide comprehensive city planning for development by zoning, subdivision regulations, and the like as the city council deems necessary and reasonable to ensure a safe, healthy, and aesthetically pleasing community;
(47) To organize and operate an urban redevelopment program;
(48) To organize and operate such public transportation systems as are deemed beneficial;
(49) To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; and to exercise all implied powers necessary to carry into execution all powers granted in this charter as if fully enumerated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia. No enumeration of particular powers in this charter shall be held to be exclusive of others nor restrictive of general words and phrases granting powers but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia.
Section 1.13. General powers. In addition to all other powers herein granted, the city shall be vested with any and all powers which municipal corporations are, or may hereafter be, authorized or required to exercise under the Constitution and laws of the State of Georgia, as fully and completely as though such powers were specifically enumerated herein; and any and all powers which the city was heretofore authorized to exercise immediately prior to the effective date of this charter.
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Section 1.14. Construction. The powers of the city shall be construed liberally and in favor of the city. The specific mention or failure to mention particular powers in this charter shall not be construed as limiting in any way the general power of the city as stated in this charter. It is the intention hereof to grant to the city full power and right to exercise all governmental authority necessary for the effective operation and conduct of the city and all of its affairs.
Section 1.15. Exercise of powers. All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or employees shall be carried into execution as provided by this charter. If this charter makes no provisions, such powers, functions, rights, privileges, and immunities shall be carried into execution as provided by ordinance of the governing authority and as provided by pertinent laws of the State of Georgia.
ARTICLE II GOVERNING BODY
Section 2.10. Form of government. The government of the City of Soperton shall be vested in a mayor and city council, said council to be composed of five council members chosen as hereinafter provided.
Section 2.11. Legislative department. The mayor and council shall constitute the legislative department of said city, and as such shall have full power and authority to establish such rules, laws, ordinances, regulations, and orders as they deem proper respecting any and all municipal affairs, and which they may consider necessary or proper, or incident to the good government of said city, and to the peace, security, health, happiness, welfare, protection, or convenience of the inhabitants thereof, and for the preservation, peace, good order, and dignity of said government.
Section 2.12. Compensation and expenses. The mayor and council members shall receive as compensation for their services an amount prescribed by ordinance passed by the council in conformity with the laws of the State of Georgia. The mayor and council members shall be entitled to receive their actual and necessary expenses incurred in the performance of their duties in office.
Section 2.13. Prohibitions, (a) Except as authorized by law, neither the mayor nor any member of the council shall hold any other
4222 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
elective municipal office or municipal employment in the City of Soperton during the term for which that person was elected.
(b) Neither the mayor nor any council member shall vote upon any question in which that person is personally interested.
Section 2.14. Inquiries and investigations. The council may make inquiries and investigations into affairs of the city and the conduct of any department, office, or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the council shall be punished as provided by ordinance.
Section 2.15. General power and authority of the council, (a) Except as otherwise provided by law or by this charter, the council shall be vested with all the powers of government of the City of Soperton provided in this charter.
(b) In addition to all other powers conferred on it by law, the council shall have the authority to adopt and provide for the execution of such ordinances, resolutions, rules, and regulations not inconsistent with this charter, the Constitution, and the laws of the State of Georgia, which it shall deem necessary, expedient, or helpful for the peace, good order, protection of life and property, health and welfare, sanitation, comfort, convenience, prosperity, or well-being of the inhabitants of the City of Soperton and may enforce such ordinances, resolutions, rules, and regulations by imposing penalties for violation thereof.
(c) The council may by ordinance create, change, alter, abolish, or consolidate offices, agencies, and departments of the city and may assign additional functions to any of the offices, agencies, and departments expressly provided for by this charter.
Section 2.16. Duties of mayor. The mayor shall be the chief executive officer of the City of Soperton. He shall possess all of the executive and administrative powers granted to the city under the Constitution and laws of the State of Georgia, except as otherwise provided in this charter, and all the executive and administrative powers contained in this charter. The mayor shall:
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(1) Preside at all meetings of the council;
(2) Vote as a member of the council only at such times as are necessary to break a tie or deadlock of the council;
(3) Be the official head of the city for the service of process and for ceremonial purposes;
(4) Have power to administer oaths and to take affidavits;
(5) 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;
(6) See that all laws and ordinances of the city are faithfully executed;
(7) Have the veto power and may veto any ordinance, order, or resolution of the city council in which event the same shall not become a law unless subsequently passed over his veto by a vote of at least three council members duly recorded on the minutes. Unless the mayor shall file in writing with the city clerk his veto of any measure passed by said council, together with his reason for disapproval within three days after its passage, said measure shall become law as though approved by him;
(8) Have full authority and power in conjunction with a majority of the council to pardon, suspend, or commute the sentence of any person for a violation of any ordinance of said city; and
(9) Perform other duties as may be required by law, this charter, or ordinance.
Section 2.17. Mayor pro tem. In January of each calendar year, or at the first meeting of the council in each year, the council shall elect one of its members as mayor pro tem., whose term of office shall be one year beginning from the time of his election and who shall hold office until his successor is elected and qualified. As a member of the council, the mayor pro tem. shall be allowed to vote on all questions, whether there be a tie or not; and, in the absence, disability, or disqualification of the mayor, the mayor pro tem. shall exercise all of the functions, duties, powers, rights, and privileges of the office of mayor conferred by this charter.
4224 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2.18. Qualifications. Any person who is a resident of the City of Soperton, who has been a bona fide resident thereof for at least 12 months prior to the time of the election, who is at least 25 years of age, and who is a qualified voter of said city shall be eligible to hold the office of mayor. Any person who is a resident of the City of Soperton, who has been a bona fide resident thereof for at least 12 months prior to the time of the election, who is at least 21 years of age, and who is a qualified voter of said city shall be eligible to hold the office of council member of said city. If a person holding the office of mayor or council member removes his residence from the City of Soperton during his term of office, his office shall thereby become vacant. The mayor or any council member shall be considered to have removed his residence from the City of Soperton when such person ceases to occupy a residence within the limits of said city as that person's principle residence. This event shall be determined by the removing council member or mayor or by the Soperton City Council should said removing council member or mayor fail or refuse to do so. It shall be the duty of the mayor and each council member to notify the city clerk for the City of Soperton as soon as possible of that person's moving from the city limits of the City of Soperton or resignation from office.
Section 2.19. 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 tem. 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 30 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 270 days 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 2.20. Notice. The city clerk, or such other officer as may be designated by the council, shall cause notice of the holding of an election, under Section 2.19 and the time and purpose thereof, to be given by posting said notice at one public place within the limits of the city.
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Section 2.21. Oath. Before entering upon their duties as mayor and council members of said city, the mayor and council members shall take the following oath:
"I do solemnly swear that I will faithfully discharge the duties devolved on me as mayor or council member (as the case may be) of the City of Soperton and that I will faithfully execute and enforce the laws of said city to the best of my ability, skill, and knowledge, so help me God."
Section 2.22. Sessions. The mayor and council of Soperton shall have full power to fix the time, place, and rules of procedure of their regular sessions. The mayor shall have power to convene the city council in special sessions whenever he deems it proper and the mayor and council shall have full authority and power to perform any of their duties or powers at a special or called session.
Section 2.23. Regular and special meetings, (a) The council shall hold regular monthly meetings at such times and places as prescribed by ordinance. The council may recess any regular meeting and continue such meeting on any weekday or hour it may fix and may transact any business at such continued meeting as may be transacted at any regular meeting.
(b) The mayor shall have the power to convene the city council in special session when he deems it proper by giving 24 hour advance written notice to each member of the council. The mayor shall call a meeting of the council when so requested, in writing, by a majority of the members of the council. The council shall have the right and power to convene itself in a special meeting, at any time upon the written demand of a majority of the members of the council, which written demand shall be given to the mayor, each member of the council, and the clerk of the City of Soperton.
(c) At any regular meeting, the council shall have the power to recess to a later day and time in the month, and meet in adjourned session, upon adoption by the council of an appropriate resolution therefor. The mayor and council shall have full power and authority to enact ordinances and perform any of their duties or powers at any special or called session or adjourned session.
Section 2.24. Rules of procedure. The council shall adopt its rules of procedure and order of business consistent with the provi-
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sions of this charter and shall provide for the keeping of a journal of its proceedings which shall be of public record.
Section 2.25. Quorum; voting. 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. Any member of the council shall have the right to request a roll-call vote. The affirmative vote of three council members, or two council members and the mayor in case of a deadlock or tie, shall be required for the adoption of any ordinance, resolution, appointment, or motion except as otherwise provided in this charter.
Section 2.26. Enactment of ordinances, (a) Except as herein provided, every official action of the council which is to become law shall be by ordinance. Each proposed ordinance shall be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be: "Be it ordained by the City Council of Soperton..." Any ordinance which repeals or amends an existing ordinance shall set forth the ordinance sections or subsections to be repealed or amended.
(b) An ordinance may be introduced by any member of the council and read at a regular or special meeting of the council. Ordinances shall be considered and adopted or rejected by the council in accordance with the rules which it shall establish. In order to become law, every ordinance, except one for which a veto is not received within the time period required by paragraph (7) of Section 2.16 or one which is vetoed but which veto is overridden as provided in that paragraph (7), shall be signed after its adoption by the mayor or, in his absence, disability, or disqualification, by the mayor pro tem.
Section 2.27. Codes of technical regulations, (a) The council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as generally prescribed for ordinances except that a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the clerk pursuant to Section 2.28.
(b) Copies of any adopted code of technical regulations shall be made available by the clerk under such provisions as council shall direct.
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Section 2.28. Authentication, recording, and codification of ordinances, (a) The city clerk shall authenticate by the clerk's signature and record in full in a properly indexed book kept for that purpose all ordinances adopted by the council.
(b) The council may provide for the preparation of a general codification of all ordinances of the city having the force and effect of law. The general codification may be adopted by the council by ordinance and, if so adopted, shall be known as "The Code of the City of Soperton, Georgia." All ordinances enacted subsequent to the adoption of the code shall be incorporated therein.
ARTICLE III EXECUTIVE BRANCH
Section 3.10. Administrative and service departments, (a) The council, by ordinance, may establish, abolish, merge, or consolidate offices, positions of employment, departments, and agencies of the city as they shall deem necessary for the proper administration of the affairs and government of the city. The council shall prescribe the functions and duties of existing departments, offices, and agencies or of any departments, offices, and agencies hereinafter created or established; may provide that the same person shall fill any number of offices and positions of employment; and may transfer or change the function or duties of offices, positions of employment, departments, and agencies of the city. All appointments to administrative and service departments shall be made by the mayor and the council.
(b) The operations and responsibilities of each department now or hereafter established in the city shall be distributed among such divisions or bureaus as may be provided by ordinance of the council. Each department shall consist of such officers, employees, and positions as may be provided by this charter or by ordinance and shall be subject to the general supervision and guidance of the council.
(c) Except as otherwise provided by this charter, the directors of departments and other appointed officers of the city shall serve at the pleasure of the appointing authority. Vacancies occurring in an appointive office shall be filled in the same manner as prescribed by this charter for an original appointment.
(d) Except as otherwise provided by law, the directors of departments and other appointed officers of the city shall be appointed
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solely on the basis of their respective administrative and professional qualifications.
(e) All appointive officers and directors of departments shall receive such compensation as prescribed by ordinance of the city council.
(f) In January of each year, the mayor shall appoint the following supervisory committees from the membership of the council, to wit, water and waterworks committee, street committee, sanitation committee, police committee, and general government committee. The mayor and council shall provide by ordinance for such other committees as may be deemed necessary. The mayor shall be an ex officio member of each of said committees, and it shall be his duty to assist and confer with each committee in the performance of its duties. The mayor and council shall enact appropriate ordinance or ordinances to prescribe the duties and authority of each said committee.
Section 3.11. Boards, commissions, and authorities, (a) All members of boards, commissions, and authorities of the city shall be appointed by the mayor and council for such terms of office and such manner of appointment as provided by ordinance, except where other appointing authority, term of office, or manner of appointment is prescribed by this charter or by applicable state law.
(b) Any vacancy in office of any member of a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed herein for original appointment, except as otherwise provided by this charter or any applicable state law.
(c) No member of any board, commission, or authority shall assume office until he shall have executed and filed with the city clerk an oath obligating himself to perform the duties of his office faithfully and impartially, such oath to be prescribed by ordinance of the council and administered by the mayor.
(d) Any member of the board, commission, or authority may be removed from office for cause by a two-thirds' vote of the members of the council.
(e) Members of boards, commissions, and authorities may receive such compensation and expenses in the performance of their official duties as prescribed by ordinance.
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(f) The qualifications required of members of boards, commissions, and authorities shall be as prescribed by ordinance.
(g) Except as otherwise provided by this charter or by applicable state law, each board, commission, or authority of the city government shall elect one of its members as chairman and one member as vice-chairman for terms of one year and may elect as its secretary one of its own members or may appoint 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 clerk of the city.
Section 3.12. City clerk. The mayor and council shall appoint a city clerk, who shall also serve as the city treasurer, with such compensation as shall be determined by the council. The city clerk shall keep a journal of the proceedings of the city council, maintain in a safe place all records and documents pertaining to the affairs of the city, and perform such other duties as may be required by law or as the council may direct.
Section 3.13. Personnel administration. The council may adopt ordinances, rules, and regulations consistent with the charter dealing with:
(1) The method of employee selection and probationary periods of employment;
(2) Adoption and administration of a position classification and pay plan including methods of promotion and application of service ratings thereto, and transfer of employees within the classification plan;
(3) Hours of work, vacation, sick leave, and other leaves of absence, overtime pay, and the order and manner in which layoff shall be effected; and
(4) Such other personnel policies and procedures as may be deemed necessary to provide for adequate and systematic handling of the personnel affairs of the City of Soperton.
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ARTICLE IV JUDICIAL BRANCH
Section 4.10. Recorder's court. There is created a court to be known as the Recorder's Court of the City of Soperton 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 for municipal and recorder's courts in Georgia.
Section 4.11. Judge of the recorder's court. The recorder's court shall be presided over by the judge of the recorder's court who shall have such qualifications as the council shall by ordinance provide. The judge shall be appointed by the mayor and the council and shall serve at the discretion of same. The compensation of the judge shall be fixed by the council. The mayor may, in the event of the absence, disability, or disqualification of the judge, serve as the judge of the recorder's court.
Section 4.12. Convening. Said court shall be convened at such times as designated by ordinance or at such times as deemed necessary to keep current the dockets thereof.
Section 4.13. Jurisdiction; powers, (a) The recorder's court is specifically vested with all of the jurisdiction and powers throughout the entire area of the City of Soperton granted by state laws generally to mayor's, police, and recorder's courts and particularly by such laws as authorize the abatement of nuisances.
(b) The recorder's court shall have the authority to punish those in its presence for contempt by a fine not to exceed $50.00 or imprisonment not to exceed five days. The recorder's court may fix punishment for offenses within its jurisdiction not exceeding $1,000.00 or, imprisonment not to exceed 12 months, or any part of such punishments or combination thereof, and as an alternative to such fine or imprisonment, the court may sentence any offender upon conviction to labor in a city work crew or on the streets, sidewalks, squares, or other public works for a period not exceeding six months.
(c) The recorder's court shall have the authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violations of state law.
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(d) The recorder's 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 or personal or real property as surety for appearance of persons charged with violations. Whenever any person shall give bail for his appearance and shall fail to appear at the time fixed for trial, his bond shall be forfeited by the judge presiding at such time, and an execution shall be issued thereon by serving the defendant and his sureties with a rule nisi at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial, and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be, on order of the judge, declared forfeited to the City of Soperton 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 lien for city property taxes.
(e) The recorder's court shall have the authority to bind prisoners over to the appropriate court when it appears, by probable cause, that a state law has been violated.
(f) The recorder's court shall have the authority to administer oaths and to perform all other acts necessary or proper to the conduct of said court.
(g) The recorder's 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 executed by any officer, as authorized by this charter or by state law.
(h) The judge of said recorder's court shall be authorized to administer oaths, attest deeds, mortgages, or any other instrument or paper which a magistrate is authorized to attest, to issue warrants for any offenses committed within the corporate limits of the City of Soperton against any ordinance or law of said City of Soperton or of the State of Georgia, and when the offense is against any law of the State of Georgia, the recorder may hear evidence and commit to jail or take bond for appearance before the state court having jurisdiction of the offense, the same as a magistrate could do.
(i) In the event of the absence, disability, or disqualification to preside of both said judge and the mayor of the City of Soperton, the mayor pro tern, of the city shall preside and hold court, and in the
4232 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
event of the absence, disability, or disqualification of all three of the above-named, the council may select any one of the members of the council of the City of Soperton to preside and hold court. In presiding and holding recorder's court, the mayor, mayor pro tem., or member of the council, as the case may be, shall have the same powers and authority herein granted to the judge.
Section 4.14. Certiorari. Any person convicted of an offense in the recorder's court shall have the right to apply to the Superior Court of Treutlen County for a writ of certiorari pursuant to Chapter 4 of Title 5 of the O.C.G.A., relating to certiorari to superior court.
ARTICLE V ELECTIONS
Section 5.10. Municipal elections. On the third Wednesday in November in 1984, and each year thereafter, a municipal election for the City of Soperton shall be held for the purpose of electing successors to the city's mayor and council members whose terms of office expire on December 31 of the year of that election.
Section 5.11. Posts. For purposes of municipal elections conducted in 1984, and each year thereafter, each council member shall, without being required to reside in any particular area of the city, serve from council member posts designated as Post 1, Post 2, Post 3, Post 4, and Post 5. Those councilmen in office January 1,1984, shall be deemed to be serving in council member posts designated as follows:
Post 1 Post 2 Post 3 Post 4 Post 5
Mr. Curtis Thigpen ..Mr. Reginald Evans ....Mr. Bobby Joe Moxley
Mr. Gregg Higgs ....Mr. Donnie Cammack
Section 5.12. Transitional provisions, (a) The council members from designated Posts 1 and 2 and the mayor who are in office January 1, 1984, shall serve until those terms of office expire on December 31, 1984, and until their respective successors are elected and qualified. The first successors to the council members from Posts 1 and 2 and the mayor to be elected under this charter shall be elected at the 1984 municipal election, shall take office January 1,1985, and shall serve for initial terms of two years and until their respective successors are elected and qualified.
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(b) The council members from designated Posts 3, 4, and 5 who are in office January 1, 1984, shall serve until their terms of office expire on December 31,1985, and until their respective successors are elected and qualified. The first successors to the council members from Posts 3,4, and 5 to be elected under this charter shall be elected at the 1985 municipal election, shall take office January 1,1986, and shall serve for initial terms of two years and until their respective successors are elected and qualified.
(c) After the initial terms provided in subsections (a) and (b) of this section, successors to the mayor and council members shall be elected in the municipal election immediately preceding the expiration of the respective term of office, shall take office the first day of January immediately following that election, and shall serve for terms of two years and until their respective successors are elected and qualified.
(d) From the effective date of this charter to December 31,1984, the governing authority of the City of Soperton shall be the mayor and council existing immediately prior to that effective date. From January 1,1985, until December 31,1985, the governing authority of the City of Soperton shall consist of the incumbent council members from designated Posts 3,4, and 5 continued in office under subsection (b) of this section and the first council members from Posts 1 and 2 and the mayor elected under subsection (a) of this section. On and after January 1,1986, the governing authority of the City of Soperton shall consist of a mayor and council members elected as provided in this charter.
Section 5.13. Majority vote. A person elected as council member from any post or as mayor shall be elected at large by a majority of the voters voting for that office in the entire City of Soperton.
Section 5.14. Separate registration. The City of Soperton shall maintain its own voter registration system.
Section 5.15. Applicability of general laws, (a) The procedures and requirements for election of all elected officials of the City of Soperton as to primary, special, and general elections shall be in conformity with the provisions of Chapter 3 of Title 21 of the O.C.G.A., the Georgia Municipal Election Code.
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(b) Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe such rules and regulations it deems appropriate to fulfill any options or duties under Chapter 3 of Title 21 of the O.C.G.A., the Georgia Municipal Election Code.
Section 5.16. Oaths. All oaths required to be administered to those persons elected to serve as mayor or council members for the City of Soperton or appointed by the mayor and council to serve in an official capacity for the said city shall be administered by the city attorney for the City of Soperton, with the exception that any oath required of the said city attorney shall be administered by the mayor of said city.
Section 5.17. Removal and forfeiture of office, (a) The mayor and each 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;
(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 charter;
(5) Abandonment of office or neglect to perform the duties thereof; or
(6) Failure for any other cause to perform the duties of office as required by this charter or by law.
(b) Removal of 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
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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 Treutlen 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 Treutlen County as provided by Code Section 9-6-64 of the O.C.G.A., relating to quo warranto proceedings.
ARTICLE VI FINANCIAL AND FISCAL MATTERS
Section 6.10. Excise taxes; wholesale and retail dealers. The mayor and council shall have the authority to impose, assess, levy, and collect an excise tax upon the sale, transfer, or dispensing of wine, distilled spirits, and malt beverages by wholesale and retail dealers within the city as authorized by general law.
Section 6.11. Insurance premium 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. and on fire and casualty insurance companies as provided by law or ordinance.
Section 6.12. 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 Soperton. The council by ordinance shall elect to use the county assessment for the year in which the city taxes are to be levied and shall request the county to furnish appropriate information for such purpose.
Section 6.13. Tax levy. The council may assess, levy, and collect an ad valorem tax on all real and personal property within the corporate limits of the city that is subject to such taxation by the state and county. This tax is for the purpose of raising revenues to defray the costs of operating the city government, providing governmental services, the repayment of principal and interest on governmental services, the repayment of principal and interest on general obligations, and for any other public purpose as determined by the council in its discretion.
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Section 6.14. Millage rate; due dates; tax bills. The council by ordinance shall establish a millage rate for the city property tax. The council by ordinance may also provide for tax due dates and for the payment of taxes by installments or in one lump sum. Any such ordinance may also authorize the voluntary payment of taxes prior to the time when due.
Section 6.15. Collection of delinquent taxes. The council may provide by ordinance for the collection of delinquent taxes by fi. fa. issued by the city clerk and executed by any police officer of the city under the same procedure provided by the laws governing execution of such process from the superior court or by the use of any other available legal processes and remedies. A lien shall exist against all property upon which city property taxes are levied, as of the assessment date of each year, which lien shall be superior to all other liens, except that it shall have equal dignity with those of federal, state, or county taxes.
Section 6.16. License fees; occupational taxes; excise taxes. The council by ordinance shall have full power to levy such license fees and specific or occupational taxes upon the residents of the City of Soperton, 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 way which may be lawful; to require such persons to procure licenses; to compel the payment of such licenses by execution or any other lawful manner; and to make laws and regulations necessary or proper to carry out the powers herein conferred and to prescribe penalties for the violation thereof. The council shall have full power and authority to levy an excise tax not prohibited by general law.
Section 6.17. Service charges. The council, by ordinance, shall have the right, power, and authority to assess and collect fees, charges, and tolls for sewer services rendered both inside and outside the corporate limits of the City of Soperton, to provide for the cost and expense of providing for the collection and disposal of sewage through the sewerage facilities of said city. If unpaid, said sewer service charge shall constitute a lien against any property of persons served, which lien shall be second in priority only to liens for county and city property taxes and shall be enforceable in the same manner and under the same remedies as a lien for city property taxes.
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Section 6.18. Sanitation and health service charges. The council shall have authority by ordinance to provide for, to enforce, to levy, and to collect the cost of sanitation and health services necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business in said city benefiting from such services. Such authority shall include the power to assess, levy, and collect annual or monthly sanitation taxes or fees in such amount or amounts, and based upon and in accordance with such classification of property and sanitation service or services provided, as may be fixed by ordinance. Said sanitation taxes and the assessment thereof shall be a charge and lien against the real property in respect to which said taxes are so assessed, and the owner or owners thereof, superior to all other liens, except liens for county and city property taxes, and shall be enforceable in the same manner and under the same remedies as a lien for city property taxes.
Section 6.19. Special assessments. The council shall have the power and authority to assess all or part of the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances, against the abutting property owners, under such terms and conditions as may be prescribed by ordinance. Such special assessments shall become delinquent 30 days after their due dates, shall thereupon be subject, in addition to fi. fa. charges, to a penalty to be set by council by appropriate ordinance, and shall thereafter be subject to interest until paid at a rate to be set by council by appropriate ordinance. A lien shall exist against the abutting property superior to all other liens except that it shall have equal dignity with liens for county and city property taxes, and said lien shall be enforceable by the same procedures and under the same remedies as provided for in this article for city property taxes.
Section 6.20. Construction; other taxes. The city of Soperton 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 6.21. 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 transfer of tax fi. fas. Such transfer or assignment, when made, shall
4238 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
vest the purchaser or transferee with all right, title, and interest as provided by Georgia law governing sales and transfers of tax fi. fas. Provided that, upon levy of execution and sale of property pursuant to such tax fi. fa., whether assigned, transferred, or executed by the city, the owner of such property, in fee simple or lesser interest, shall not lose his right to redeem the property in accord with the requirements of redemption of property sold under state or county ad valorem tax fi. fas., as said requirements now exist or as may be hereinafter provided by law.
Section 6.22. Short-term notes. The mayor and council may issue short-term notes as now or hereafter authorized by state law.
Section 6.23. Improvement bonds, (a) In order to facilitate the financing of any municipal improvements authorized by law, the mayor and council shall have authority to issue bonds of the city in the aggregate amount of assessment for the improvement then unpaid, which bond or bonds and the interest thereon shall in no event become a liability of the city or of the mayor and council issuing them.
(b) These bonds shall mature at a date and bear an interest rate as the council may determine by ordinance but in no event shall the rate of interest exceed that which the assessments are to bear.
(c) These bonds shall be signed by the mayor and attested by the clerk of the 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 improvement at par value, in payment of the amount due on the contract, and
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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.
Section 6.24. 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 6.25. Revenue bonds. Revenue bonds may be issued by the council as state law now or hereafter provides.
Section 6.26. Fiscal year; preparation and adoption of operating budget, (a) The council shall set the fiscal year by ordinance. Said fiscal year shall constitute the budget year and the year for financial accounting and reporting unless otherwise provided by state or federal law.
(b) On or before a date fixed by the council prior to the beginning of each fiscal year, the council shall prepare and adopt a budget for the ensuing fiscal year. The council shall provide by ordinance the procedures and requirements for the preparation and execution of said annual budget. The budget and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection.
(c) The council shall provide for budget and auditing procedures as required by Chapter 81 of Title 36 of the O.C.G.A., relating to budgets and audits of local governments.
ARTICLE VII GENERAL PROVISIONS
Section 7.10. Official bonds. The officers and employees of the City of Soperton, both elective and appointive, shall execute such official bonds in such amounts and upon such terms and conditions as the city council may require from time to time.
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Section 7.11. Existing ordinances and regulations. Existing ordinances and regulations of the City of Soperton not inconsistent with the provisions of this charter shall continue in effect until they have been repealed, modified, or amended by the council. Existing rules and regulations of departments or agencies of the City of Soperton not inconsistent with the provisions of this charter shall continue in effect until they have been repealed, modified, or amended.
Section 7.12. Section captions. The captions to the several sections of this charter are informative only and are not to be considered as a part of this charter.
Section 7.13. Penalties. The violation of any provision of this charter, for which penalty is not specifically provided for herein, shall be punishable by a fine of not more than $1,000.00 or by imprisonment not to exceed 12 months or both such fine and imprisonment.
Section 7.14. Eminent domain. The council is empowered to acquire, construct, operate, and maintain public ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, sewage treatment plants, waterworks, electrical systems, gas systems, airports, hospitals, and charitable, educational, recreational, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities and any other public improvements inside or outside the city, and to regulate the use thereof, and for such purposes property may be taken under 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 7.15. Severability. If any article, section, subsection, paragraph, sentence, or part thereof of this charter shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair other parts of this charter, unless it clearly appears that such other parts are wholly and necessarily dependent upon the part or parts held to be invalid or unconstitutional, it being the legislative intent in enacting this charter that each article, section, subsection, paragraph, sentence, or part thereof be enacted separately and independently of each other.
Section 7.16. Amendments to charter. This charter or any portion hereof may be amended or revised as provided by the laws of the State of Georgia, including, but not limited to, Chapter 35 of Title 36 of the O.C.G.A., the "Municipal Home Rule Act of 1965."
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Section 7.17. Effective date. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 7.18. Specific repealer. An Act to create a new charter for the City of Soperton, approved April 5,1961 (Ga. L. 1961, p. 3338), is repealed in its entirety.
Section 7.19. 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 the following local legislation will be introduced at the regular 1984 session of the General Assembly of Georgia:
"An Act to revise and provide a new charter for the City of Soperton, to repeal conflicting laws, and for other purposes".
A copy of the proposed new charter will be on file with the office of the Clerk of the City of Soperton, Georgia for the purpose of examination and inspection by the public during normal daily business hours.
This 16th day of January, 1984.
Frank Radford, Jr. Mayor, City of Soperton, Georgia
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 Legislation was published in the Soperton News which is the official organ of Truetlen County, on the following date: January 16,1984.
4242 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
/s/ L. L. "Pete" Phillips Representative, 120th District
Sworn to and subscribed before me, this 10th day of February, 1984.
/s/ Amelia Smith Notary Public, Georgia State at Large. My Commission Expires Oct. 8, 1984. (Seal).
Approved March 14,1984.
PROBATE COURT OF RICHMOND COUNTY -- CERTAIN RESTRICTIONS ON JUDGE EMERITUS REMOVED.
No. 800 (Senate Bill No. 122).
AN ACT
To amend an Act entitled "An Act to provide the procedures whereby a Judge of the Probate Court of Richmond County (formerly the Court of Ordinary) shall be eligible to become a Judge Emeritus of the Probate Court of Richmond County; to provide for the power, duties and responsibilities of such judge emeritus; to provide for the pension of such judge emeritus; to repeal conflicting laws; and for other purposes.", approved April 17,1975 (Ga. L. 1975, p. 3068), so as to remove certain provisions relating to the holding of any compensating position with Richmond County or of the State of Georgia or any agency of same and being disqualified to engage in the practice of law in certain courts; to repeal conflicting laws; and for other purposes.
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Be it enacted by the General Assembly of Georgia:
Section 1. An Act entitled "An Act to provide the procedures whereby a Judge of the Probate Court of Richmond County (formerly the Court of Ordinary) shall be eligible to become a Judge Emeritus of the Probate Court of Richmond County; to provide for the power, duties and responsibilities of such judge emeritus; to provide for the pension of such judge emeritus; to repeal conflicting laws; and for other purposes.", approved April 17, 1975 (Ga. L. 1975, p. 3068), is amended by striking Section 4 in its entirety.
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1983 session of the General Assembly of Georgia a bill to amend an Act entitled "An Act to provide the procedures whereby a Judge of the Probate Court of Richmond County (formerly the Court of Ordinary) shall be eligible to become a Judge Emeritus of the Probate Court of Richmond County; to provide for the power, duties and responsibilities of such Judge Emeritus; to provide for the pension of such Judge Emeritus; to repeal conflicting laws; and for other purposes." approved April 17, 1975 (Ga. Laws 1975, p. 3068), so as to provide pension benefits for the surviving spouse of the Judge Emeritus; to provide for the holding of any compensating position with Richmond County, or the State of Georgia, or any agency of same; and for other purposes.
This 13th day of December, 1982.
4244 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Robert C. Daniel, Jr. County Attorney Richmond County, Georgia
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 5th day of January, 1983.
/s/ JoAnn M. Lundquist Notary Public, Georgia State at Large. My Commission Expires June 23, 1986.
Approved March 14, 1984.
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RICHMOND COUNTY -- NEW BOARD OF COMMISSIONERS CREATED.
No. 802 (Senate Bill No. 227).
AN ACT
To amend an Act creating the board of commissioners of Richmond County, approved August 19,1907 (Ga. L. 1907, p. 324), as amended, particularly by an Act approved August 14, 1931 (Ga. L. 1931, p. 555), so as to provide for a new board and the composition thereof; to provide for board member qualifications, terms, and manner of election and filling vacancies; to provide for commissioner districts; to provide for a chairperson and vice chairperson; to provide for board organization, duties, powers, quorum, voting, meetings, compensation, and allowances; to provide for effective dates; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the board of commissioners of Richmond County, approved August 19,1907 (Ga. L. 1907, p. 324), as amended, particularly by an Act approved August 14, 1931 (Ga. L. 1931, p. 555), is amended by striking Sections 1 and 2 thereof and inserting in their place a new Section 1 to read as follows:
"Section 1. (a) Beginning January 1,1985, the governing authority of Richmond County shall be a board of commissioners of said county, referred to in this section as the board, consisting of six members.
(b) For the purpose of the board established in subsection (a) of this section, Richmond County is divided into six commissioner districts as follows:
Commissioner District 1 - That portion of Richmond County lying within House District 85.
Commissioner District 2 - That portion of Richmond County lying within House District 86.
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Commissioner District 3 - That portion of Richmond County lying within House District 87.
Commissioner District 4 - That portion of Richmond County lying within House District 88.
Commissioner District 5 - That portion of Richmond County lying within House District 89.
Commissioner District 6 - That portion of Richmond County lying within House District 90.
As used in this subsection, `House District' means representative districts of the Georgia House of Representatives specified in Code Section 28-2-1 of the O.C.G.A., as such Code section existed on January 1,1984. Any part of Richmond County which is not included in any commissioner district described in this subsection shall be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1980 for the State of Georgia.
(c) No person shall be eligible to serve as a member of the board unless that person:
(1) Has been a resident of the commissioner district from which elected for a period of one year immediately prior to the date of the election;
(2) Continues to reside within the commissioner district from which elected during that person's term of office; and
(3) Is a registered and qualified elector of Richmond County.
(d) Those members of the board of commissioners of Richmond County serving as such on January 1, 1984, under the previously existing provisions of this section shall serve out their respective terms of office but shall be deemed to be serving out those terms in designated commissioner districts as follows:
Mr. Larry Colet Mr. Tom Tinsley Mr. William J. Williams
Commissioner District 1 Commissioner District 3 Commissioner District 4
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Mr. Jack Miles Mr. Jack Padgett
Commissioner District 5 Commissioner District 6
(e) Those members of the board who, under subsection (d) of this section, are deemed to be serving out their terms in designated Commissioner Districts 1 and 4, shall serve until December 31,1984, and the election and qualification of their respective successors, which successors shall be elected for Commissioner Districts 1 and 4 at the 1984 November general election. At that same 1984 November general election, the first member shall be elected for Commissioner District 2. The first members thus elected from Commissioner Districts 1, 2, and 4 shall serve, beginning January 1, 1985, for initial terms of four years each and until their respective successors are elected and qualified under subsection (g) of this section. Those members of the board who, under subsection (d) of this section, are deemed to be serving out their terms in designated Commissioner Districts 3, 5, and 6 shall serve until December 31, 1986, and until their respective successors are elected and qualified under subsection (f) of this section. From January 1,1985, until December 31,1986, the board shall consist of those three members first elected under this subsection and those three incumbent members continued in office under this subsection.
(f) At the 1986 November general election, successors to those members of the board from Commissioner Districts 3, 5, and 6, all of whose terms expire December 31, 1986, shall be elected to serve, beginning January 1,1987, for terms of four years each and until their respective successors are elected and qualified under subsection (g) of this section.
(g) Successors to members of the board whose terms expire after December 31,1986, shall be elected at the general election immediately preceding the expiration of that respective member's term of office, 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 successor.
(h) Each member of the board elected to the board in the 1984 November general election or any election thereafter shall be elected by a majority of the voters voting within the commissioner district of that member. 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., the Georgia Election Code.
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(i) Any vacancy in the board which occurs within six months prior to the expiration of a term of office shall be filled for the unexpired term, and until a successor is elected and qualified, by a member appointed by the remaining members of the board. Any vacancy in the board which occurs more than six months prior to the expiration of a term of office shall be filled for the unexpired term, and until a successor is elected and qualified, by a special election called for that purpose within 45 days after that vacancy occurs. No person shall be appointed or elected to fill a vacancy unless that person resides in the commissioner district corresponding to that of the member whose unexpired term is being filled.
(j) At the first regular meeting of the board in 1985, and at that first meeting each year thereafter, the members of the board shall elect from their number a chairperson and vice chairperson to serve as such until the first regular meeting of the board the immediately succeeding year. The chairperson shall preside at meetings of the board and vote on all matters before the board and have such further duties as the board may provide. The vice chairperson shall serve as chairperson during the absence, disqualification, or disability of the chairperson. Vacancies in the office of chairperson or vice chairperson shall be filled by the remaining members of the board electing from their number a successor to fill any unexpired term as chairperson or vice chairperson, respectively. A majority of the members of the board shall constitute a quorum for the transaction of the business of the board.
(k) The chairperson of the board shall receive an annual salary of $12,000.00, payable in equal monthly installments, and a monthly expense allowance of $200.00 for actual and necessary expenses incurred in carrying out the chairperson's official duties. Members of the board, other than the chairperson, shall each receive an annual salary of $7,200.00, payable in equal monthly installments, and a monthly expense allowance of $100.00 for actual and necessary expenses incurred in carrying out their respective official duties. The salary and expense allowances of the chairperson and other members of the board shall be paid from county funds.
(l) The board shall have the right and power to issue all necessary writs and summon parties or witnesses before it and shall have the power to punish for contempt by fine or imprisonment in the same manner as the probate court. The sheriff or the county police of Richmond County may be required to attend meetings of the board
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and shall serve all writs, subpoenas, and other processes of such board."
Section 2. Said Act is further amended by designating Section 1A thereof as Section 2.
Section 3. Except for the provisions relating to and necessary for the election of members of the board of commissioners of Richmond County at the 1984 November 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 those members of the board of commissioners of Richmond County at the 1984 November general election shall become effective upon the date this Act is approved by the Governor or upon its becoming law without the Governor's 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 related to the governments and governing bodies of Richmond County and the City of Augusta, and for other purposes, and to provide effective dates.
This 10th day of January, 1983.
Thomas F. Allgood Senator, 22nd District
Affidavit of Publication.
4250 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Georgia, Richmond County.
Personally appeared, E. Arlyene Armstrong, who being duly sworn says that he is an officer of Southeastern Newspapers Corporation, publishers of The Augusta Herald a daily newspaper in Augusta, in said State and County, and that the advertisement Local Legislation Notice - governing bodies of the City and the County of Richmond duly appeared in said newspaper on the following dates to wit: Jan. 10,17,24,1983.
/s/ E. Arlyne Armstrong Secretary
Sworn to and subscribed before me, this 8th day of February, 1983.
/s/ Joan C. Collins Notary Public, Richmond County, Georgia. My Commission Expires March 21, 1983.
Approved March 14, 1984.
CITY OF MILLEDGEVILLE -- "POLICE COURT" CHANGED TO "MUNICIPAL COURT" -- PROVISION
FOR DEPUTY RECORDER. No. 810 (Senate Bill No. 383).
AN ACT
To amend an Act creating a new charter for the City of Milledgeville, approved December 15, 1900 (Ga. L. 1900, p. 345), as
GEORGIA LAWS 1984 SESSION
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amended, so as to change the denomination of the "police court" in the charter to that of "municipal court"; to provide for the appointment of a deputy recorder for the municipal court; to provide for the deputy recorder's powers, duties, and compensation; to change certain provisions relating to the mayor pro tempore; 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 Milledgeville, approved December 15, 1900 (Ga. L. 1900, p. 345), as amended, is amended by striking in its entirety Section XLII and inserting in lieu thereof a new Section XLII to read as follows:
"Section XLII. Be it further enacted by the authority aforesaid, that there shall be and is in the City of Milledgeville a court of record to be known as the municipal court, this court being the same court previously known and denominated as the `police court' (Ga. L. 1900, p. 345, as amended). The jurisdiction of said municipal court shall embrace all violations of the ordinances of the City of Milledgeville and shall have, in addition to the jurisdiction hereinbefore conferred, the criminal jurisdiction of magistrates (formerly known as `justices of the peace') and such other jurisdiction as is conferred upon municipal courts by the laws of the State of Georgia. Said municipal court shall be presided over by the deputy recorder in the absence or disqualification of the recorder as provided for in this Act. The session of the municipal court shall be held as often as the recorder shall elect and at such hours of the day as are most convenient, and in the place designated by the mayor and aldermen of the City of Milledgeville, Georgia. Said municipal court shall have the power to try all offenders against the ordinances, bylaws, rules, and regulations of said city and shall have cognizance of all offenders thereunder. The municipal court shall have power to inflict upon conviction such punishment as may be provided for the offense, provided such punishment shall not exceed a fine of $1,000.00 and costs, imprisonment in the city jail not to exceed six months, or work on the work gang on the public streets and roads or on such other public works as the city authorities may direct, not to exceed 12 months, or any one or more of such punishments in the discretion of the judge (recorder)."
Section 2. Said Act is further amended by striking from Section XLVIII the last sentence, which reads as follows:
4252 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
"It shall be the duty of said recorder to preside in the police court of said city in all cases, except when providentially prevented or absent from the city, in which case the mayor or mayor pro tern, shall preside.",
and inserting in lieu thereof the following:
"It shall be the duty of the recorder to preside in the municipal court of said city in all cases except when providentially prevented or when he is absent from the city, in which case the deputy recorder shall preside. The mayor and aldermen shall appoint a deputy recorder for the municipal court of said city. The mayor and city council shall specify any additional duties and powers of the deputy recorder and shall provide for his compensation."
Section 3. Said Act is further amended by striking therefrom, wherever the same shall appear, the term "police court" and inserting in lieu thereof the term "municipal court."
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 1984 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 26th day of December, 1983.
GEORGIA LAWS 1984 SESSION
Culver Kidd Senator, 25th District
4253
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 date: December 30,1983.
/s/ Culver Kidd Senator, 25th District
Sworn to and subscribed before me, this 11th day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 14, 1984.
4254 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
EMANUEL COUNTY -- COMPENSATION OF TAX COMMISSIONER.
No. 826 (Senate Bill No. 541).
AN ACT
To amend an Act creating the office of tax commissioner for Emanuel County, approved March 9, 1943 (Ga. L. 1943, p. 961), as amended, particularly by an Act approved March 8, 1960 (Ga. L. 1960, p. 2358), so as to increase the annual compensation of the tax commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the office of tax commissioner for Emanuel County, approved March 9, 1943 (Ga. L. 1943, p. 961), as amended, particularly by an Act approved March 8, 1960 (Ga. L. 1960, p. 2358), is amended by striking in its entirety Section 10, which reads as follows:
"Section 10. Be it further enacted by authority aforesaid, that the compensation of the tax-commissioner shall be $4500.00 per annum said compensation to be paid in equal monthly payments, until the same is changed by law. All commissions or fees now paid to the tax-receiver and tax-collector of Emanuel County, shall be turned over to the fiscal authorities of Emanuel County.",
and inserting in its place a new Section 10 to read as follows:
"Section 10. The tax commissioner of Emanuel County shall be compensated by an annual salary in an amount not less than $25,000.00 per year. Such salary shall be paid in equal monthly installments from the funds of Emanuel County. Such salary shall be in lieu of any and all fees, commissions, perquisites, or other form of compensation of any type formerly received."
Section 2. This Act shall become effective on January 1,1985.
GEORGIA LAWS 1984 SESSION
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Section 3. All laws and parts of laws in conflict with this Act are repealed.
Notice of Intent to Introduce Local Legislation.
The public is hereby notified that there will be introduced in the current session of the Legislature of the State of Georgia a bill to change the office of the Tax Commissioner of Emanuel County to a salaried office and for other purposes.
Emanuel County Board of Commissioners
Affidavit.
Personally before me, the undersigned officer duly authorized to administer oaths, came William C. Rogers, Sr., who on oath deposes and says that he is the editor and publisher of The Blade, the official county organ in and for Emanuel County, and that the attached copy of Notice of Intent to Introduce Local legislation was published in The Blade on February 1,1984.
/s/ William C. Rogers, Sr. Affiant
Sworn to and subscribed to before me, on the 6th day of February, 1984.
/s/ Ruby Fagler Notary Public.
Approved March 14, 1984.
4256 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
STATE COURT OF COBB COUNTY -- SECOND DIVISION CREATED.
No. 828 (Senate Bill No. 556).
AN ACT
To amend an Act creating the State Court of Cobb County, approved March 26,1964 (Ga. L. 1964, p. 3211), so as to abolish the office of magistrate of the State Court of Cobb County; to create a second division of the State Court of Cobb County; to provide for the judges and judges emeritus of the second division and for their qualifications, selection, duties, responsibilities, and compensation; to provide for assignment of matters to the second division; to provide for all related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), is amended by repealing in their entirety the following amendatory Acts relating to the office of magistrate of the State Court of Cobb County:
(1) An Act approved March 19,1974 (Ga. L. 1974, p. 2212);
(2) An Act approved March 17,1978 (Ga. L. 1978, p. 4096);
(3) An Act approved April 11,1979 (Ga. L. 1979, p. 4506);
(4) An Act approved March 25,1980 (Ga. L. 1980, p. 3894);
(5) An Act approved April 6,1981 (Ga. L. 1981, p. 4198);
GEORGIA LAWS 1984 SESSION
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(6) An Act approved March 25,1982 (Ga. L. 1982, p. 3621); and
(7) An Act approved March 18,1983 (Ga. L. 1983, p. 4376).
Section 2. Said Act is further amended by designating the existing text of the Act as "Part 1" of the Act and by adding thereafter a new Part 2 to read as follows:
"Part 2
Section 2-1. There is created a second division of the State Court of Cobb County. The second division of the state court shall be governed by the provisions of general law contained in Chapter 7 of Title 15 of the O.C.G.A., relating to state courts, and by the additional provisions of this Part 2.
Section 2-2. (a) In addition to all other judges of the state court, there shall be two judges of the second division who shall be known as associate judges of the State Court of Cobb County. The qualifications and election of the associate judges shall be as provided by general law.
(b) The initial associate judges shall be the two persons who immediately prior to the effective date of this part were serving as magistrates of the State Court of Cobb County. Their successors shall be elected as provided by general law.
(c) The associate judge who is senior in point of continuous service, including for this purpose service as magistrate, shall be known as the presiding associate judge. If the two associate judges were first elected in the same election, the one having the longest active service as a member of the State Bar of Georgia shall be known as the presiding associate judge. The two associate judges, in performing their duties and responsibilities, shall share, divide, and allocate the work and duties to be performed by each of them. In the event of disagreement between the associate judges with respect to such matters, the decision of the presiding associate judge shall govern.
Section 2-3. Each associate judge shall receive an annual salary of $29,000.00 to be paid in equal monthly installments from funds of Cobb County. The associate judges are designated as full-time judges and may not engage in the private practice of law.
4258 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2-4. (a) The senior judge of the State Court of Cobb County may order that any or all of the following matters shall be automatically assigned to the second division of the court:
(1) All cases involving violations of the traffic laws of the State of Georgia;
(2) The hearing of applications for and the issuance of arrest and search warrants;
(3) The holding of courts of inquiry; and
(4) Any other matters within the jurisdiction of the court.
(b) The provisions of this section shall not limit the power of the associate judges to hear and decide any matter within the jurisdiction of the court; but the associate judges shall hear and decide only such matters as are assigned to the second division by order of the senior judge.
(c) This section shall not limit the power of the associate judges to punish contempts in the same manner as any other judge of state court.
Section 2-5. (a) There is established for the State Court of Cobb County the position of associate judge emeritus, as authorized by Code Section 15-7-25 of the O.C.G.A.
(b) Each associate judge of the State Court of Cobb County who may hereafter retire from that position, who is at least 65 years of age, and who has served as an associate judge for at least seven years immediately preceding his retirement shall automatically become an associate judge emeritus. For purposes of the preceding sentence, service as a magistrate of the State Court of Cobb County shall be counted as service as an associate judge.
(c) Any person who immediately prior to the effective date of this part was serving as senior magistrate of the State Court of Cobb County shall on the effective date of this part assume the position of associate judge emeritus.
(d) No person shall serve as associate judge emeritus for more than three years. In the case of an associate judge emeritus who has
GEORGIA LAWS 1984 SESSION
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prior service as a senior magistrate, such service as senior magistrate shall be counted as service as an associate judge emeritus in computing said three-year period.
(e) The associate judges emeritus shall aid the associate judges in the performance of their duties and shall be authorized to serve as associate judges upon the call of the presiding associate judge.
(f) Each associate judge emeritus shall receive an annual salary of $7,200.00 to be paid in equal monthly installments from funds of Cobb County.
(g) The provisions of this section shall stand repealed on January 1,1986.
Section 2-6. The associate judges and associate judges emeritus shall take an oath to faithfully administer and discharge the duties of their offices in accordance with the Constitution and laws of the State of Georgia, which oath may be administered by any officer authorized under the laws of this state to administer oaths. No such oath, however, shall be required of a magistrate of the State Court of Cobb County who becomes an associate judge by operation of law under this part or of a senior magistrate who so becomes an associate judge emeritus."
Section 3. This Act shall become effective July 1,1984.
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 1984 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 6th day of January, 1984.
4260 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Roy E. Barnes Haskew Brantley Joe L. Thompson Carl Harrison Joe Mack Wilson A. L. Burruss 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 organ of Cobb County, on the following date: January 6,1984.
/s/ Roy E. Barnes Senator, 33rd District
Sworn to and subscribed before me, this 10th day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 14, 1984.
GEORGIA LAWS 1984 SESSION
4261
CITY OF CEDARTOWN -- HOMESTEAD EXEMPTIONS -- REFERENDUM.
No. 829 (Senate Bill No. 558). AN ACT
To provide for a homestead exemption for each resident of the City of Cedartown who is 65 years of age or older; to provide for the amount of such exemption; to provide for the qualifications; to provide for the effect of such exemption; to provide for affidavits; to provide for practices and procedures; to provide for notices; 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. Each resident of the City of Cedartown who is 65 years of age or older prior to the first day of the tax year is granted an exemption for the tax year in the amount of $2,000.00 for all tax years beginning on or after January 1,1985, on his or her homestead from all ad valorem taxation by the City of Cedartown so long as any resident of the City of Cedartown actually occupies said homestead as his or her residence. There shall be no more than one such exemption per homestead. The value of the homestead in excess of the aboveexempted amount shall remain subject to ad valorem taxation by the City of Cedartown. No resident shall be qualified to receive the benefits of such homestead exemption unless he or she files an affidavit with the governing authority of the City of Cedartown, or with a person designated by the governing authority of the city, giving his or her age and any additional information as may be required to enable the governing authority of the city, or the person designated by the governing authority of the city, to make a determination as to whether such owner is entitled to such exemption. The governing authority of the city, or the person designated by the governing authority, shall provide affidavit forms for this purpose. After any such owner has filed the proper affidavit and has been allowed the exemption provided for in this section, it shall not be necessary that such person make application and file the affidavit thereafter for any year and said exemption shall continue to be allowed to such owner.
4262 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
It shall be the duty of any such owner, however, to notify the governing authority of the city, or the person designated by the governing authority, in the event he or she becomes ineligible for the exemption provided in this section. The governing authority of the City of Cedartown, or the person designated by said governing authority, shall provide for the proper administration of this exemption.
Section 2. Not later than October 1,1984, it shall be the duty of the election superintendent of the City of Cedartown to issue the call for an election for the purpose of submitting this Act to the electors of the City of Cedartown for approval or rejection. The superintendent shall set the date of such election for November 6,1984. 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 Polk County. The ballot shall have written or printed thereon the words:
"( ) YES ( ) NO
Shall the Act providing that residents of the City of Cedartown who are 65 years of age or older shall be granted a homestead exemption of $2,000.00 from ad valorem taxation 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 Cedartown. 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.
GEORGIA LAWS 1984 SESSION
4263
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1984 session of the General Assembly of Georgia a bill to provide for a homestead exemption for each resident of the City of Cedartown who is 65 years of age or older; to provide a referendum; and for other purposes.
This 31 day of January, 1984.
J. J. Brooks City Manager, City of Cedartown
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 date: February 7,1984.
/s/ Nathan Dean Senator, 31st District
Sworn to and subscribed before me, this 7th day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 14, 1984.
4264 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
MAGISTRATE COURT OF TALIAFERRO COUNTY -- JUDGE OF PROBATE COURT DESIGNATED CHIEF MAGISTRATE.
No. 830 (Senate Bill No. 559).
AN ACT
To provide that the judge of the Probate Court of Taliaferro County shall become the chief magistrate of the Magistrate Court of Taliaferro County; to provide for the compensation of the chief magistrate; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Effective January 1, 1985, the judge of the Probate Court of Taliaferro County shall become the chief magistrate of the Magistrate Court of Taliaferro County. Thereafter the judge of the Probate Court of Taliaferro County shall continue to be the chief magistrate and said officer's term of office as chief magistrate shall be concurrent with said officer's term of office as judge of the probate court.
Section 2. The governing authority of Taliaferro County shall set the compensation of the chief magistrate, and such compensation shall be in addition to the compensation received as judge of the probate court.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
GEORGIA LAWS 1984 SESSION
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Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1984 session of the General Assembly of Georgia a bill to provide for the selectipn, terms of office, filling of vacancies, and compensation of the chief magistrate of the Magistrate Court of Taliaferro County; to provide for legislative intent; and for other purposes.
This 3 day of Feb. 1984.
Ben Barron Ross Representative, 82nd District
Sam McGill Senator, 24th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Sam P. McGill, who, on oath, deposes and says that he is Senator from the 24th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Advocate Democrat which is the official organ of Taliaferro County, on the following date: February 10,1984.
Is/ Sam P. McGill Senator, 24th District
4266 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 13th day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 14, 1984.
CITY OF JESUP -- CORPORATE LIMITS CHANGED.
No. 831 (Senate Bill No. 562). AN ACT
To amend an Act incorporating and creating a new charter for the City of Jesup in Wayne County, Georgia, approved December 15, 1937 (Ga. L. 1937-38, Ex. Sess., p. 142), as amended, so as to change the corporate limits of said city; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating and creating a new charter for the City of Jesup in Wayne County, Georgia, approved December 15, 1937 (Ga. L. 1937-38, Ex. Sess., p. 142), as amended, is amended by adding at the end of Section 2 the following: "Notwithstanding any other provisions of this section, the corporate limits of the City of Jesup shall not include the following described property:
GEORGIA LAWS 1984 SESSION
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All that tract or parcel of land containing 2.52 acres, more or less, of land lot Number 96 in the Third Land District of Wayne County, Georgia, described as follows:
Commencing at a point where the northern lot line of Land Lot number 96 intersects with the Western side of U.S. Highway 301; thence, south 23 degrees 30 minutes west a distance of 1,235 feet to the point of beginning; thence, continuing south 23 degrees 30 minutes west a distance of 212 feet to a point; thence, north 76 degrees 45 minutes west a distance of 486.0 feet to a point; thence, north 7 degrees 05 minutes east a distance of 221.90 feet to a point; thence, south 75 degrees 30 minutes east a distance of 528.0 feet to the point of beginning.
Said tract is more particularly shown by a plat prepared by Percy
A. Brannen, dated August 14, 1976, and recorded in the Clerk of
Superior Court's office, Wayne County, Georgia, in Plat Book
,
page
.
Also, the right of way of U.S. Highway 301 (State Route No. 38) from the present City Limits line to the point where said right of way intersects the Southeastern corner of the above described property."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1984 session of the General Assembly of Georgia a bill to amend an Act to create a new charter for the City of Jesup, approved Dec. 16, 1937, (Ga, Laws 1937-38, Ex Sess. p. 1142) as amended, and for other purposes.
This 25th day of January, 1984.
4268 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Riley Reddish Senator, Sixth District
Georgia, Wayne County.
Affidavit of Publication.
Before the undersigned, a Notary Public of said County and State, duly commissioned, qualified, and authorized by law to administer oaths, personally appeared W. H. NeSmith Jr., who, being first duly sworn, deposes and says: that he is Publisher of The Press-Sentinel a newspaper published, issued, and entered as second class mail in the City of Jesup in said County and State; that he is authorized to make this affidavit and sworn statement; that the notice or other legal advertisement, a true copy of which is attached hereto, was published in The Press-Sentinel on the following date: Jan. 27,1984 and that the said newspaper in which such notice, paper, document, or legal advertisement was published, was at the time of each and every such publication, a newspaper of General Circulation in Jesup and Wayne County, Georgia.
This 14th day of Feb., 1984.
/s/ W. H. NeSmith Jr.
Sworn to and subscribed before me, this 14th day of February, 1984.
/s/ Lyn S. Rice Notary Public. My Commission expires Oct. 20, 1987.
Approved March 14, 1984.
GEORGIA LAWS 1984 SESSION
4269
CITY OF KENNESAW -- CORPORATE LIMITS CHANGED.
No. 832 (Senate Bill No. 564).
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:
PARCEL A
All that tract or parcel of land lying and being in Land Lot 128 of the 20th District, 2nd Section, Cobb County, Georgia, and being 9.57 acres and being more particularly described as follows:
BEGINNING at an iron pin at the northeast corner of Lot 12, Block D, Kencrest Subdivision, Unit 1, Section 1, Part II, running thence south 86 11' 02" west along the north lines of Lots 12,13, 16 and 17 of said block, unit, section and part of said subdivision 515.38 feet to an iron pin; running thence north 1 23' 55" west 825.94 feet to an iron pin on the north line of Land Lot 128 of the aforesaid district and section; running thence north 89 30' 24" east along the north line of said land lot 513.4 feet to an iron pin; running thence south 01 30' 46" east 796.10 feet to an iron pin, said iron pin being the point of beginning.
4270 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
PARCEL B
All that tract or parcel of land lying and being in Land Lots 166, 167, 176 and 177 of the 20th District, 2nd Section, Cobb County, Georgia, shown on plat of survey by Clifton E. Phillips, dated October 4,1975, a copy of which is recorded in Plat Book 64, Page 130, Cobb County Records, being more particularly described as follows:
BEGINNING at an iron pin at the common corner between Land Lots 166,167,176 and 177 said corner being the southwest corner of Land Lot 167; and running thence east along the south land lot line of Land Lot 167, 583.8 feet to an iron pin; thence northeasterly at an interior angle of 79 with the south land lot line of Land Lot 167,101 feet to an iron pin; thence northeasterly at an interior angle of 166 25' with the course last above mentioned 185 feet to an iron pin; thence northeasterly at an interior angle of 172 50' with the course last above mentioned 144 feet to an iron pin; thence southeasterly at an interior angle of 86 32' with the course last above mentioned 331 feet to an iron pin at the northwesterly right of way of the W&A Railroad; thence southwesterly along the northwesterly right of way of the W&A Railroad and following the curvature thereof 540 feet to an iron pin; thence southwesterly 1,074.2 feet to an iron pin at the easterly right of way of Due West-Kennesaw Road; thence northerly and northeasterly along the easterly and southeasterly right of way of Due West-Kennesaw Road and following the curvature thereof 749.6 feet to an iron pin at the intersection of the southeasterly right of way of Due West-Kennesaw Road and the east original land lot line of Land Lot 166; thence south along said east original land lot line 200.6 feet to an iron pin and the point of beginning.
PARCEL C
All that tract or parcel of land lying and being in Land Lot 177 of the 20th District, 2nd Section, Cobb County, Georgia, being 12.14 acres as shown on a plat of survey made for Evan Schultz and Garry Prewett by John C. Gaskins, R.L.S., dated November 27, 1982 and recorded in Plat Book 81, Page 117, Cobb County Records, and being more particularly described as follows:
BEGINNING at the common intersection of Land Lots 177, 178, 203 and 204 of said District and Section; run thence north
GEORGIA LAWS 1984 SESSION
4271
0 48' 04" east, and along the west land lot line of Land Lot 177, said District and Section, 500.69 feet to an iron reinforcing bar, said point also being located at the intersection of the southernmost right of way of Stone Wood Drive (a 50 foot right of way) and the west land lot line of Land Lot 177; from said point run thence south 87 39' 32" east 1172.45 feet to an iron reinforcing bar; run thence south 24 55' 48" west, 361.52 feet to a tee bar; run thence south 01 24' 10" west 150.00 feet to a tee bar located on the south land lot line of Land Lot 177; run thence north 88 35' 50" west, 1022.72 feet to an iron reinforcing bar, and 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 1984 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 6th day of January, 1984.
4272 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Roy E. Barnes Haskew Brantley Joe L. Thompson Carl Harrison Joe Mack Wilson A. L. Burruss 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 organ of Cobb County, on the following date: January 13,1984.
/s/ Roy E. Barnes Senator, 33rd District
Sworn to and subscribed before me, this 17th day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 14,1984.
GEORGIA LAWS 1984 SESSION
4273
TOOMBS COUNTY BOARD OF EDUCATION AUTHORIZED TO APPOINT SCHOOL
SUPERINTENDENT -- REFERENDUM.
No. 833 (Senate Bill No. 565).
AN ACT
To provide that the school superintendent of Toombs County School District shall be appointed by the board of education of Toombs County; to provide that the board of education may appoint a superintendent to serve at the pleasure of the board or may enter into a contract with a superintendent to serve for a fixed term; to provide for a special election to determine whether or not the provisions of this Act shall become effective; 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 school superintendent of the Toombs County School District elected at the 1984 general election shall serve out the term for which he or she is elected. Thereafter the school superintendent of the Toombs County School District shall not be elected but shall be appointed by the board of education of Toombs County. The board of education may appoint a superintendent to serve at the pleasure of the board or may enter into a contract with a superintendent to serve for a fixed term.
Section 2. Not less than 30 days nor more than 45 days before the date of the November, 1984, general election, the election superintendent of Toombs County shall issue the call for an election for the purpose of submitting this Act to the electors of the Toombs County School District for approval or rejection. The superintendent shall set the date of such election for the date of the November, 1984, general election. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks in the official organ of Toombs County. The ballot shall have written or printed thereon the words:
4274 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
"( ) YES ( ) NO
Shall the provisions of the Act providing that future school superintendents of the Toombs County School District shall be appointed by 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, then Section 1 of this Act shall become of full force and effect; otherwise Section 1 shall be void. The expense of such election shall be borne by Toombs County. The election superintendent of Toombs County shall hold and conduct the election and shall certify the result thereof to the Secretary of State.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Notice of Intent to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1984 session of the General Assembly of Georgia, a bill to provide for the appointment of the Toombs County School Superintendent by the Board of Education and to provide for other purposes.
This 11th day of February, 1984.
C. W. Culpepper Chairman, Toombs County Board of Education
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Hugh M. Gillis, Sr., who, on oath,
GEORGIA LAWS 1984 SESSION
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deposes and says that he is Senator from the 20th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Lyons Progress which is the official organ of Toombs County, on the following date: February 16,1984.
/s/ Hugh M. Gillis, Sr. Senator, 20th District
Sworn to and subscribed before me, this 20th day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 14, 1984.
C. H. (FAT) JAMES, SR., MEMORIAL HIGHWAY DESIGNATED.
No. 44 (Senate Resolution No. 383). A RESOLUTION
Designating the C. H. (Fat) James, Sr., Memorial Highway; and for other purposes.
4276 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
WHEREAS, the late C. H. (Fat) James, Sr., was a distinguished citizen of Cobb County and the State of Georgia and was prominent in the business community in the Austell area; and
WHEREAS, Mr. James greatly benefited his community by a long and distinguished career of public service which included service on the city council of Austell from 1952 to 1975, and service as mayor of Austell from 1975 to 1982; and
WHEREAS, the sound management practices and fiscally conservative policies which Mayor James established for the City of Austell resulted in the city's levying the lowest ad valorem millage of any municipality in the state; and
WHEREAS, his strong ties to the Austell area where he spent his entire life, and the great affection borne for him by the citizens of this area make it particularly appropriate that he should be recognized by designation of a highway in this area in his honor.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that future State Route 6, U. S. Highway 278, between the City of Austell and the City of Powder Springs, which highway is now under construction, is designated as the C. H. (Fat) James, Sr., Memorial Highway.
BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place and maintain appropriate markers so designating said highway.
Approved March 14,1984.
GEORGIA LAWS 1984 SESSION
4277
HENRY E. DILLARD MEMORIAL BRIDGE DESIGNATED.
No. 45 (House Resolution No. 210).
A RESOLUTION
Designating the Henry E. Dillard Memorial Bridge; and for other purposes.
WHEREAS, Mr. Henry E. Dillard was a lifelong resident of Rabun County and Dillard, Georgia; and
WHEREAS, he was a Navy veteran of World War II, having served honorably on behalf of his country; and
WHEREAS, he served as a member of the Georgia State Patrol from 1958 through 1962; and
WHEREAS, he joined the Georgia Bureau of Investigation in 1962, achieving the rank of Lieutenant before his resignation in 1972; and
WHEREAS, he was a former Vice-President of the Georgia Peace Officers' Association and a member of the Tri-State Law Enforcement Association; and
WHEREAS, he was a devoted family man to his wife and six children; and
WHEREAS, he played a vital role in the development and promotion of the Dillard House Family Inn, known throughout the South for its fine food and warm hospitality; and
WHEREAS, he touched the lives of many Georgians through his loving compassion, kind deeds, and genuine concern for others; and
WHEREAS, the bridge by which Old Dillard Road spans the Little Tennessee River stands in view of the home where this tenderhearted gentleman spent many years of his life.
4278 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the bridge by which Old Dillard Road spans the Little Tennessee River is hereby dedicated as a memorial to Henry E. Dillard and shall be named the Henry E. Dillard Bridge.
BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect appropriate signs on approaches to said bridge designating it as the Henry E. Dillard Bridge.
Approved March 14,1984.
MABLETON PARKWAY DESIGNATED.
No. 46 (House Resolution No. 449). A RESOLUTION
Designating a portion of State Highway 139 as the Mableton Parkway; and for other purposes.
WHEREAS, the current revitalization and redevelopment of South Cobb County has promoted trade, commerce, industry, and employment opportunities for the public good and the general welfare of the state; and
WHEREAS, the community of Mableton, being centrally located within this area has played a major role in bringing about these achievements; and
WHEREAS, it would be fitting and proper to designate a portion of State Highway 139 as the Mableton Parkway in recognition of such achievements.
GEORGIA LAWS 1984 SESSION
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NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the portion of State Highway 139 between the Chattahoochee River and the intersection of State Highway 139 with U. S. Highway 278 east of Mableton is designated the Mableton Parkway.
BE IT FURTHER RESOLVED that the Department of Transportation is authorized to place appropriate signs on the portion of the highway hereinabove described and in other appropriate locations designating it as the Mableton Parkway.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit an appropriate copy of this resolution to the commissioner of the Department of Transportation.
Approved March 14,1984.
HUBERT FLOYD EPPS MEMORIAL BRIDGE DESIGNATED.
No. 48 (House Resolution No. 489).
A RESOLUTION
Authorizing and directing the Department of Transportation to designate the U. S. 80 - Georgia Highway 19 bridge crossing the Seaboard System Railroad at Dry Branch, Georgia, as the Hubert Floyd Epps Memorial Bridge; and for other purposes.
WHEREAS, Hubert Floyd Epps, who was the son of John Solomon Epps and Rosa Floyd Epps, served well the citizens of the State of Georgia by his lifelong work in public road construction with the Epps Brothers Construction Company; and
4280 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
WHEREAS, this honorable Georgian, born November 28, 1924, was a lifetime resident of Dry Branch in Twiggs County, having graduated from Smith High School in 1942, served in the army during World War II, and returned to raise his family; and
WHEREAS, Mr. Epps was a devout Christian and an active member of the Antioch Baptist Church in Dry Branch, holding such offices as chairman of the Board of Deacons, superintendent of Sunday school, Sunday school teacher, and song leader; and
WHEREAS, the State of Georgia lost an outstanding native son on May 13,1982, when Hubert Floyd Epps died at the age of 58; and
WHEREAS, it is only fitting and proper for the state to memorialize this beloved community member by dedicating a bridge less than one mile from his original homeplace to his honored memory.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Transportation is authorized and directed to designate the U. S. 80 - Georgia Highway 19 bridge crossing the Seaboard System Railroad at Dry Branch, Georgia, as the Hubert Floyd Epps Memorial Bridge.
BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect appropriate signs at appropriate locations designating said bridge as provided in this resolution.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit an appropriate copy of this resolution to the commissioner of transportation.
Approved March 14,1984.
GEORGIA LAWS 1984 SESSION
4281
EBENEZER CHURCH ROAD IN EFFINGHAM COUNTY DESIGNATED AND NAMED.
No. 53 (House Resolution No. 741).
A RESOLUTION
Naming the Ebenezer Church Road in Effingham County; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the portion of Georgia Highway 275 running approximately five miles eastward from its intersection with Georgia Highway 21 to Ebenezer Church is hereby designated and named the "Ebenezer Church Road."
BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place appropriate signs on the portion of Georgia State Highway 275 described above designating said portion as "Ebenezer Church Road."
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit an appropriate copy of this resolution to the Commissioner of the Department of Transportation.
Approved March 15,1984.
OFFICE OF COMMISSIONER OF UNION COUNTY CREATED.
No. 852 (House Bill No. 1480). AN ACT
To create the office of commissioner of Union County as the
4282 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
governing authority of said county; to provide for the election and term of office of the commissioner; to provide for filling vacancies in the office of commissioner; to provide for oaths; to provide for bonds; to provide for the compensation of the commissioner; to provide for the powers, duties, and responsibilities of the commissioner; to provide reports on financial affairs; to provide for county employees and for certain appointments; to provide for budgeting and auditing; to provide for the expenditure of county funds; to provide for other matters relative to the foregoing; to provide effective dates; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. There is created the office of commissioner of Union County as the governing authority of said county. The commissioner shall exercise the powers and duties and be charged with the responsibilities imposed upon said officer by this Act.
Section 2. (a) The first commissioner of Union County provided for by this Act shall be elected at the general election of 1984 and shall take office on the first day of January, 1985, for a term of four years and until a successor is elected and qualified. Thereafter, successors shall be elected at the general election immediately preceding the expiration of the term of office and shall take office on the first day of January immediately following the election for a term of four years and until a successor is elected and qualified.
(b) The commissioner shall be elected by a majority of the qualified voters of Union County voting on a county-wide basis. The commissioner 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."
Section 3. (a) In the event a vacancy occurs for any reason in the office of commissioner of Union County, such vacancy shall be filled for the unexpired term by special election. Such special election shall be called by the election superintendent of Union County within ten days after the date of the vacancy and shall be held not less than 30 nor more than 45 days after the date of the issuance of the call.
GEORGIA LAWS 1984 SESSION
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Such special election 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."
(b) From the date of the occurrence of a vacancy until such vacancy is filled by special election as provided for by subsection (a) of this section, the judge of the Probate Court of Union County shall be vested with and exercise the powers and duties of the commissioner of Union County.
Section 4. Before entering upon the discharge of the commissioner's duties, a person elected commissioner shall subscribe to an oath before the judge of the Probate Court of Union County for the true and faithful performance of duties as commissioner and that the person is not the holder of any unaccounted for public funds.
Section 5. The commissioner shall give a satisfactory surety bond approved by the judge of the Probate Court of Union County and payable to said officer 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 the commissioner's office. The cost of such bond shall be paid from the funds of Union County.
Section 6. (a) The commissioner shall be compensated in the amount of $21,000.00 per annum, which shall be paid in equal monthly installments from the funds of Union County.
(b) In addition to the compensation provided for by subsection (a) of this section, the commissioner shall receive an expense allowance of $200.00 per month to reimburse said officer for expenses incurred in carrying out official duties within Union County. Said officer shall also be reimbursed for actual and necessary expenses incurred by said officer when traveling outside of Union County on official business. The expenses provided for in this subsection shall be paid from the funds of Union County. In the event said officer uses said officer's personal automobile in carrying out official duties, the expenses for the maintenance and operation of said automobile shall be paid from county funds, and such expenses shall be in addition to other expenses provided for by this subsection.
Section 7. (a) The commissioner shall devote full time to the business and interests of Union County in the performance of the commissioner's duties.
4284 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(b) The commissioner shall have and maintain an office for the transaction of county business at the courthouse of Union County. The office of the commissioner shall remain open during regular hours of business on all days except Saturdays, Sundays, and holidays.
Section 8. The commissioner shall have the power to fix and establish, policies, rules, and regulations governing all matters within the commissioner's jurisdiction as the governing authority of the county. The commissioner may exercise the powers and shall be subject to the duties and responsibilities now or hereafter provided by the Constitution and general laws of this state relative to county governing authorities. Without limiting the generality of the foregoing, the following specific powers are vested in the commissioner:
(1) To levy taxes;
(2) To make appropriations;
(3) To fix rates and charges for services provided by the county;
(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 assessment;
(6) To authorize and enter into contracts;
(7) To establish, alter, open, close, build, repair, or abolish public roads, private ways, bridges, and ferries, according to law;
(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;
GEORGIA LAWS 1984 SESSION
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(11) To create and change the boundaries of special taxing districts as authorized by law;
(12) To fix the bonds of county officers where same are not fixed by statute;
(13) To enact any ordinances, resolutions, or other legislation the county may be given authority to enact;
(14) To determine the priority of capital improvements;
(15) To call bond elections; and
(16) To exercise all of the power and authority heretofore vested by law in the judge of the probate court when sitting for county purposes, together with all power and authority which may hereafter be delegated by law to the governing authority of Union County or to the governing authorities of counties generally.
Section 9. The commissioner is authorized to require all county officers to report on the general or specific conduct of the financial affairs of their respective offices.
Section 10. (a) The commissioner shall have the exclusive power and authority to appoint, remove, and fix the compensation of all employees of the county.
(b) The appointment and removal of, and the compensation to be paid to, persons filling offices and positions created by state statute, where not otherwise prescribed by such statute, shall be made and fixed by the commissioner.
Section 11. The commissioner shall comply with the budgeting and auditing procedures and requirements set forth in Chapter 81 of Title 36 of the O.C.G.A., relative to budgets and audits of local governments.
Section 12. The expenditure of county funds shall be made in accordance with the county budget or amendments thereto adopted by the commissioner. The commissioner shall enforce compliance with this requirement by all departments of county government, including the departments of the elected county officers, and to this end, the commissioner shall institute a system to control county
4286 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
purchasing and to account for the expenditure of all funds budgeted and appropriated by the commissioner.
Section 13. The provisions of this Act necessary for the election in 1984 of the commissioner of Union County created by this Act shall be 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 14. All laws and parts of laws in 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 1984 session of the General Assembly of Georgia a bill relative to the creation of a commissioner of Union County; and for other purposes.
This 7 day of Jan., 1984.
Carlton Colwell
Affidavit of Publication.
Georgia, Union County.
Before the undersigned, a Notary Public of said County and State, duly commissioned, qualified, and authorized by law to administer oaths, personally appeared Wanda R. West, who, being first duly sworn, deposes and says: that she is Publisher engaged in the publication of a newspaper known as North Georgia News, published, issued, and entered as second class mail in the City of Blairsville, in said County and State; that she is authorized to make this affidavit and sworn statement; that the notice or other legal advertisement, a true copy of which is attached hereto, was published in North Georgia News on the following date January 12 and received the sum of $5.00
GEORGIA LAWS 1984 SESSION
4287
to publish said advertisement, being Notice of Intention to Local Legislation Bill relative to the creation of a commissioner.
This 26 day of Jan., 1984. /s/ Wanda R. West, Publisher
Sworn to and subscribed before me, this 26 day of Jan., 1984.
/s/ Gerald K. West Notary Public. My Commission Expires February 9, 1986. (Seal).
Approved March 15,1984.
MAGISTRATE COURT OF UNION COUNTY -- JUDGE OF PROBATE COURT DESIGNATED CHIEF
MAGISTRATE.
No. 853 (House Bill No. 1481).
AN ACT
To provide that the judge of the Probate Court of Union County shall also serve as the chief magistrate of Union County; 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:
4288 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 1. (a) The judge of the Probate Court of Union County shall also serve as the chief magistrate of Union County.
(b) The judge of the Probate Court of Union County shall receive the compensation provided by law for that officer and shall not receive additional compensation for serving as chief magistrate of Union 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.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1984 session of the General Assembly of Georgia a bill relative to combining the offices of Chief Magistrate and Judge of the Probate Court of Union County; and for other purposes.
This 7 day of Jan., 1984.
Carlton Colwell
Affidavit of Publication.
Georgia, Union County.
Before the undersigned, a Notary Public of said County and State, duly commissioned, qualified, and authorized by law to administer oaths, personally appeared Wanda R. West, who, being first duly sworn, deposes and says: that she is Publisher engaged in the publication of a newspaper known as North Georgia News, published, issued, and entered as second class mail in the City of Blairsville, in said County and State; that she is authorized to make this affidavit and sworn statement; that the notice or other legal advertisement, a true
GEORGIA LAWS 1984 SESSION
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copy of which is attached hereto, was published in North Georgia News on the following date January 12 and received the sum of $5.00 to publish said advertisement, being Notice of Intention to Local Legislation, to combine the offices of Chief Magistrate and Judge of Probate Court.
This 12th day of January, 1984. /s/ Wanda R. West, Publisher
Sworn to and subscribed before me, this 12th day of January, 1984.
/s/ Gerald K. West Notary Public. My Commission Expires February 9, 1986. (Seal).
Approved March 15,1984.
PEACH COUNTY BOARD OF COMMISSIONERS -- COMPENSATION OF MEMBERS.
No. 854 (House Bill No. 1485).
AN ACT
To amend an Act creating the board of commissioners for Peach County, approved March 10,1964 (Ga. L. 1964, p. 2626), as amended, so as to change the compensation of the board; to repeal conflicting laws; and for other purposes.
4290 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 for Peach County, approved March 10, 1964 (Ga. L. 1964, p. 2627), as amended, is amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 which shall read as follows:
"Section 2. The first election for members of the board created herein shall be held at the General Election in November, 1964. The members elected shall take office January 1,1965, for a term of four (4) years and until their successors are elected and qualified. Future elections shall be held every four (4) years at the General Election, and future successors shall likewise be elected for a term of four (4) years and until their successors are elected and qualified. Such successors shall take office on the first day of January immediately following their election. The members of the board shall elect a chairman of the board who shall preside at meetings. The board is hereby authorized to elect a vice-chairman in the event such is deemed advisable. The members shall be compensated in an amount of $250.00 per month."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1984 session of the General Assembly of Georgia a bill to amend the Act creating the board of commissioners of Peach County, approved March 10, 1964 (G. L. 1964, p. 2627), as amended; and for other purposes.
This 16 day of January, 1984.
Robert Ray Representative, 98th District
GEORGIA LAWS 1984 SESSION Georgia, Fulton County.
4291
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 date: January 19,1984.
/s/ Robert Ray Representative, 98th District
Sworn to and subscribed before me, this 3rd day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 15,1984.
CITY OF SNELLVILLE -- CERTAIN TERRITORY INCLUDED IN CORPORATE LIMITS. No. 855 (House Bill No. 1488). AN ACT
To amend an Act incorporating the City of Snellville, approved August 20, 1923 (Ga. L. 1923, p. 775), as amended, so as to include
4292 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
certain territory within 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 Snellville, approved August 20, 1923 (Ga. L. 1923, p. 775), as amended, is amended by adding immediately following Section 2 a new Section 2A to read as follows:
"Section 2A. Those unincorporated tracts or parcels of property within Gwinnett County which lie within the present incorporated area of the City of Snellville and which are wholly surrounded by the present incorporated area of the City of Snellville are incorporated into and made a part of the incorporated area of the City of Snellville. As used in this section, the term `present incorporated area' means that territory of Gwinnett County lying within the corporate boundaries of the City of Snellville as such corporate boundaries existed on January 1,1984."
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 1984 session of the General Assembly of Georgia a bill to amend an Act incorporating the Town of Snellville, approved August 20, 1923 (Ga. L. 1923, Ex. Sess., p. 775), as amended; and for other purposes.
This 24th day of January, 1984.
Mike Barnett Representative, 59th District
GEORGIA LAWS 1984 SESSION Georgia, Fulton County.
4293
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, 0. M. Barnett, who, on oath, deposes and says that he is Representative from the 59th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Home Weekly which is the official organ of Gwinnett County, on the following date: February 1,1984.
/s/ 0. M. Barnett Representative, 59th District
Sworn to and subscribed before me, this 2nd day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 15,1984.
PROVISIONS FOR MAGISTRATE COURT OF FORSYTH COUNTY -- PROBATE JUDGE DESIGNATED CHIEF MAGISTRATE, ETC.
No. 856 (House Bill No. 1489).
AN ACT
To make provisions for the Magistrate Court of Forsyth County; to provide legislative intent; to provide that the judge of the Probate
4294 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Court of Forsyth County shall serve as chief magistrate of the Magistrate Court of Forsyth County; to provide for a constable; to provide for a clerk; to provide for compensation of the officers and employees of the court; 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 local prerogatives authorized by Chapter 10 of Title 15 of the O.C.G.A.
Section 2. There shall be no election in 1984 for the office of chief magistrate in Forsyth County. The term as chief magistrate of the person holding office on the effective date of this section shall expire on December 31,1984.
Section 3. (a) The judge of the Probate Court of Forsyth County shall serve as chief magistrate of the Magistrate Court of Forsyth County. There shall be no separate election for the office of chief magistrate. The term of the chief magistrate shall be concurrent with the term of the judge of the probate court. In the event of a vacancy, the person assuming the position of judge of the probate court shall additionally assume the position of chief magistrate.
(b) The probate judge, for services as chief magistrate, shall be compensated in the amount of $4,650.00 per year by the governing authority of Forsyth County, payable in equal monthly installments from the funds of the county. The county governing authority may supplement the compensation of the chief magistrate, but no such supplement shall be decreased during a term of office.
Section 4. The sheriff of Forsyth County and his deputies shall perform the duties of constables for the Magistrate Court of Forsyth County. The county governing authority may provide additional compensation to such officers for the performance of duties of constables.
Section 5. The governing authority of Forsyth County may provide for the selection of a clerk for the magistrate court and shall provide the amount of compensation for the person so selected.
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Section 6. (a) Section 2 of this Act shall become effective upon the 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.
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 1984 session of the Georgia General Assembly, a bill to make provisions for the Magistrate Court of Forsyth County; to provide that the judge of the Probate Court of Forsyth County shall serve as the chief magistrate of the Magistrate Court of Forsyth County; to provide for the appointment of magistrates by the chief magistrate; to provide for the term, filling of vacancies, and compensation of the chief magistrate and magistrates; to provide for a constable and a clerk; and for other purposes.
This 27th day of January, 1984.
Bill H. Barnett Representative, 10th District
J. Nathan Deal Senator, 49th District
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
4296 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 date: February 1,1984.
/s/ Bill H. Barnett Representative, 10th District
Sworn to and subscribed before me, this 6th day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 15,1984.
TOWN OF STAPLETON -- NAME CHANGED TO CITY OF STAPLETON.
No. 857 (House Bill No. 1497). AN ACT
To amend an Act incorporating the Town of Stapleton (formerly known as the Town of Spread), approved August 15, 1903 (Ga. L. 1903, p. 668), as amended by an Act approved August 17,1912 (Ga. L. 1912, p. 1293), an Act approved August 17,1917 (Ga. L. 1917, p. 872), an Act approved March 17, 1958 (Ga. L. 1958, p. 2584), and an Act approved March 10,1964 (Ga. L. 1964, p. 2773), so as to change the name of the Town of Stapleton to the "City of Stapleton"; to conform the charter accordingly; to repeal conflicting laws; and for other purposes.
GEORGIA LAWS 1984 SESSION
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Be it enacted by the General Assembly of Georgia:
Section 1. An Act incorporating the Town of Stapleton (formerly known as the Town of Spread), approved August 15,1903 (Ga. L. 1903, p. 668), as amended by an Act approved August 17,1912 (Ga. L. 1912, p. 1293), an Act approved August 17,1917 (Ga. L. 1917, p. 872), an Act approved March 17, 1958 (Ga. L. 1958, p. 2584), and an Act approved March 10, 1964 (Ga. L. 1964, p. 2773), is amended by striking from said Act and from the Acts amendatory thereto the words "Town of Stapleton" and inserting in lieu thereof the words "City of Stapleton" and by striking from said Acts the word "town" and inserting in lieu thereof the word "city" wherever the same shall appear.
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Legal Notice.
Notice is given that there will be introduced at the regular 1984 Session of the General Assembly of Georgia a bill to change the name of the Town of Stapleton to the City of Stapleton; and for other purposes.
This 1st day of February, 1984.
Emory 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
4298 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Herald which is the official organ of Jefferson County, on the following date: February 2,1984.
/s/ Emory E. Bargeron Representative, 108th District
Sworn to and subscribed before me, this 6th day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 15,1984.
CITY OF CHATSWORTH -- RECORDER'S COURT ESTABLISHED.
No. 858 (House Bill No. 1498). AN ACT
To amend an Act providing a new charter for the City of Chatsworth, approved August 20, 1923 (Ga. L. 1923, p. 529), as amended, so as to provide for a Recorder's Court of the City of Chatsworth; to provide for the election of the recorder and for terms of office and qualifications; to provide for the jurisdiction, powers, and duties of the recorder's court; to provide for other matters relative to the foregoing; to provide effective dates; to repeal conflicting laws; and for other purposes.
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4299
Be it enacted by the General Assembly of Georgia:
Section 1. An Act providing a new charter for the City of Chatsworth, approved August 20, 1923 (Ga. L. 1923, p. 529), as amended, is amended by striking Sections 11 through 14 in their entirety and substituting in lieu thereof new Sections 11 through 14 to read as follows:
"Section 11. There is established a court to be known as the Recorder's Court of the City of Chatsworth 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 presided over by the recorder of said court.
Section 12. (a) No person shall be qualified or eligible to serve as recorder unless the person shall have attained the age of 21 years, shall have been a resident of the city for at least one year preceding the beginning of a term of office, and shall possess a high school diploma or its equivalent. No person may hold office as recorder while holding any other elective office.
(b) The recorder shall be elected by a majority of the qualified electors of the City of Chatsworth voting at the elections provided for by subsection (c) of this section. The recorder shall serve for a term of four years and until a successor is elected and qualified.
(c) The first recorder shall be elected at the regular municipal election held on the first Saturday in January, 1985, and shall take office on the day following the election. Thereafter, the recorder shall be elected at the regular municipal election which is held immediately preceding the expiration of the term of office and shall take office on the day following the election.
4300 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(d) In the event of a vacancy in the office of the recorder for any reason, the mayor and aldermen shall appoint a qualified person to serve until the next regular municipal election at which time a successor shall be elected for the unexpired term. In the event the recorder is absent for any reason, the mayor and aldermen may appoint a qualified person to serve as recorder during the recorder's absence.
(e) The recorder shall receive such compensation as shall be fixed by the mayor and aldermen. Such compensation shall be paid from the funds of the City of Chatsworth.
(f) The mayor and aldermen may provide by ordinance for a clerk of the recorder's court and for such other personnel as may be necessary for the efficient operation of the recorder's court.
Section 13. (a) The recorder's court shall be convened at such times as designated by ordinance or at such times as deemed necessary to keep current the dockets thereof.
(b) The recorder's court shall try and punish for crimes against the City of Chatsworth and for violations of its ordinances. The recorder's 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 recorder's court may fix punishment for offenses within its jurisdiction not exceeding a fine of $500.00 or imprisonment not exceeding 60 days, or both, and as an alternative to fine or imprisonment may sentence any offender upon conviction to labor on the streets, sidewalks, squares, or other public works.
(c) The recorder's 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 appearance of persons charged with violations. Whenever any person shall give bail for such person's appearance and shall fail to appear at the time fixed for trial, the person's bond shall be forfeited by the recorder and an execution shall be issued thereon by serving the defendant and the defendant's 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
GEORGIA LAWS 1984 SESSION
4301
place fixed for trial, the cash so deposited, on order of the recorder, shall be forfeited to the City of Chatsworth 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 recorder's court shall have the authority to bind prisoners over to the appropriate court when it appears by probable cause that a state law has been violated.
(e) The recorder's court shall have the authority to administer oaths and to perform all other acts necessary or proper to the conduct of said court.
(f) The recorder's court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summons, subpoenas, and warrants which may be served and executed by any officer as authorized by this charter or by state law.
(g) The recorder's court is specifically vested with all of the jurisdiction and powers throughout the entire area of the City of Chatsworth granted by state laws generally to mayor's, recorder's, and police courts and particularly by such laws as authorize the abatement of nuisances.
Section 14. The right of appeal and any bond as may be required to secure the costs on appeal to the Superior Court of Murray County from the recorder's 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 an appeal within ten days of the date of the person's conviction shall be deemed to have waived any such right. An appeal to the superior court shall be a de novo proceeding."
Section 2. 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. The mayor and aldermen shall have authority to enact and enforce all ordinances, by-laws, rules, and regulations necessary for the good government of the City of Chatsworth and to secure and promote the welfare, peace, prosperity, and health of its inhabitants, and to prescribe penalties for violating the same not
4302 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
exceeding a fine of $500.00 or imprisonment not exceeding 60 days or both."
Section 3. Said Act is further amended by striking Section 19 in its entirety and substituting in lieu thereof a new Section 19 to read as follows:
"Section 19. The mayor and aldermen may examine the facts relating to any violation of the ordinances, by-laws, rules, or regulations of the City of Chatsworth and may take such appropriate action as may be necessary to prohibit any such violation."
Section 4. The provisions of this Act necessary for the election of a recorder at the regular municipal election held on the first Saturday in January, 1985, as provided in quoted Section 12 of Section 1 of this Act shall be effective upon the approval of this Act by the Governor or upon its otherwise becoming law. This Act shall be effective for all purposes upon the first recorder taking office as provided in quoted Section 12 of Section 1 of this Act.
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 1984 session of the General Assembly of Georgia a bill to amend an Act providing a new charter for the City of Chatsworth, approved August 20, 1923 (Ga. L. 1923, p. 529), as amended; and for other purposes.
This 23 day of January, 1984.
Tom Ramsey
GEORGIA LAWS 1984 SESSION Georgia, Fulton County.
4303
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 date: January 30,1984.
/s/ Tom Ramsey Representative, 3rd District
Sworn to and subscribed before me, this 6th day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 15,1984.
TAX RECEIVER OF GREENE COUNTY -- COMPENSATION OF CLERICAL HELP.
No. 859 (House Bill No. 1505). AN ACT
To amend an Act consolidating the offices of tax receiver and tax collector of Greene County into the one office of tax commissioner of
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Greene County, approved December 12,1953 (Ga. L. 1953, Nov.-Dee. Sess., p. 2506), as amended, so as to change the compensation provisions relating to the clerical help of the tax commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act consolidating the offices of tax receiver and tax collector of Greene County into the one office of tax commissioner of Greene County, approved December 12,1953 (Ga. L. 1953, Nov.Dee. Sess., p. 2506), as amended, is amended by striking Section 6 in its entirety and inserting in lieu thereof a new Section 6 to read as follows:
"Section 6. The tax commissioner shall be authorized to employ such help as he deems necessary to perform the duties of his office. The tax commissioner shall receive for the purpose of employing such secretarial or clerical assistance an amount to be determined by the board of commissioners of Greene County, which amount shall not exceed the sum of $6,500.00 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 given that there will be introduced at the regular 1984 session of the General Assembly of Georgia a bill to amend an Act providing compensation for specified officers in Greene County, Georgia, approved March 6, 1961, as amended, so as to change the compensation relating to the clerical help of the tax commissioner; and for other purposes.
This 30 day of Jan., 1984.
GEORGIA LAWS 1984 SESSION
Jesse Copelan, Jr. Representative, 106th District
Sam McGill Senator
4305
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 date: February 3,1984.
/s/ Jesse Copelan, Jr. Representative, 106th District
Sworn to and subscribed before me, this 6th day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 15,1984.
4306 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
STATE COURT OF CLAYTON COUNTY -- COMPENSATION OF JUDGES.
No. 860 (House Bill No. 1539).
AN ACT
To amend an Act creating the State Court of Clayton County, approved January 28, 1964 (Ga. L. 1964, p. 2032), as amended, particularly by an Act approved March 18,1983 (Ga. L. 1983, p. 4217), so as to change the provisions relating to the compensation of the judges of said court; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the State Court of Clayton County, approved January 28, 1964 (Ga. L. 1964, p. 2032), as amended, particularly by an Act approved March 18,1983 (Ga. L. 1983, p. 4217), is amended by striking from Section 3 the following:
"$41,856.15",
and inserting in lieu thereof the following:
"$46,050.00",
so that when so amended Section 3 shall read as follows:
"Section 3. Judges' salaries. Each judge of the State Court of Clayton County shall receive a salary of $46,050.00 per annum which shall be paid monthly by the board of commissioners of Clayton County. The judges of the State Court of Clayton County shall receive no other compensation for serving as judges of said court, and they shall not engage in the private practice of law in any capacity during their tenure as judges of said court, and they shall not be eligible to hold any other public office while serving as judges of said court. The salary of each judge shall be paid out of the general funds of Clayton County."
GEORGIA LAWS 1984 SESSION
4307
Section 2. This Act shall become effective on the first day 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 1984 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 31st day of January, 1984.
The Clayton County Legislative Delegation
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Frank I. Bailey, Jr., 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 date: January 31, 1984.
/s/ Frank I. Bailey, Jr. Representative, 72nd District
4308 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 6th day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 15,1984.
MAGISTRATE COURT OF BUTTS COUNTY -- MANNER OF APPOINTING CHIEF MAGISTRATE AND
OTHER MAGISTRATES -- COMPENSATION.
No. 861 (House Bill No. 1655).
AN ACT
To make provisions for the Magistrate Court of Butts County; to provide for the appointment of the chief magistrate and other magistrates of Butts County; to provide for the compensation of the chief magistrate; 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. The chief magistrate to succeed the chief magistrate of Butts County in office on the effective date of this section and future successors shall be nominated by the chief judge of Superior Court of Butts County. Such nomination shall be submitted to the November term grand jury of Butts County; and if the nomination is ratified by the grand jury then the person nominated shall become the chief magistrate. If the nomination is not ratified, the chief judge of superior court shall nominate some other person and such nomination shall likewise be submitted to said grand jury for ratification.
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4309
Section 2. Any magistrates of Butts County other than the chief magistrate shall be appointed by the chief magistrate with the approval of the chief judge of Superior Court of Butts County.
Section 3. The chief magistrate shall receive a minimum annual salary of $14,000.00. The governing authority of Butts County may supplement the minimum salary of the chief magistrate in such amount as it may fix from time to time; but the chief magistrate's salary and supplement shall not be decreased during any term of office.
Section 4. Section 3 of this Act shall become effective January 1, 1985. The other provisions of this Act shall become effective upon this Act's 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 1984 session of the General Assembly of Georgia a bill to make provisions for the Magistrate Court of Butts County; to provide for the officers, personnel, and operation of the court; to provide for related matters; and for other purposes.
This 23 day of January, 1984.
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
4310 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 date: January 25,1984.
/s/ Bill Jones Representative, 78th District
Sworn to and subscribed before me, this 14th day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 15,1984.
CITY OF SKY VALLEY -- CHARTER PROVISIONS AS TO CITY COUNCIL AMENDED. No. 862 (House Bill No. 1466). AN ACT
To amend an Act incorporating the City of Sky Valley, approved March 24,1978 (Ga. L. 1978, p. 4292), so as to change the number of the members of the city council; to change the terms of office of the members of the city council; to change the manner of electing the members of the city council; to change the manner in which the veto power of the mayor shall be overridden by the city council; to repeal conflicting laws; and for other purposes.
GEORGIA LAWS 1984 SESSION
4311
Be it enacted by the General Assembly of Georgia:
Section 1. An Act incorporating the City of Sky Valley, approved March 24, 1978 (Ga. L. 1978, p. 4292), 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. City council creation; composition; number; election. Until January 1, 1985, the legislative authority of the government of the City of Sky Valley, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of three councilmen who shall be elected in the manner provided by Article V of this charter. Subsequent to January 1,1985, the legislative authority of the government of the City of Sky Valley, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of five council members who shall be elected in the manner provided by Article V of this charter."
Section 2. Said Act is further amended by striking subsection (c) of Section 2.28 in its entirety and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) Beginning January 1,1985, 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 four of its members, it shall become law. Until January 1, 1985, ordinances vetoed by the mayor shall be presented by the clerk to the council at its next regular meeting and should the council then or at its next regular meeting adopt the ordinance by an affirmative vote of three of its members, it shall become law."
Section 3. Said Act is further amended by striking Section 5.13 in its entirety and inserting in lieu thereof a new Section 5.13 to read as follows:
"Section 5.13. Regular election; time for holding; oath. For the purposes of electing members to the city council of Sky Valley, Georgia, positions on the council shall be numbered as Posts 1 through 5, respectively. Candidates for council member shall designate the post for which they are offering for election. Two council members shall be elected to Posts 1 and 2 on the first Tuesday in December, 1984, and on the first Tuesday in December every two
4312 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
years thereafter. The present council members of the City of Sky Valley who were elected at the regular city election held on the first Tuesday in December, 1983, shall continue to serve their regular term until their successors are elected at the regular city election to be held on the first Tuesday in December, 1985, and qualified. At the time of the regular city election to be held on the first Tuesday in December, 1985, the present positions on the city council shall be numbered Posts 3 through 5, respectively. Candidates for council member offering for election during the regular city election to be held on the first Tuesday in December, 1985, shall designate the post for which they are offering for election. The city council members elected to Posts 3 through 5, respectively, shall be elected for a term of two years on the first Tuesday in December, 1985, and on the first Tuesday of December every two years thereafter, and until their successors are elected and qualified. A mayor shall be elected on the first Tuesday in December, 1985, and on that date every two years thereafter, and shall serve for a term of two years and until his successor is elected and qualified. The candidate for each post on the council and for the office of mayor receiving the highest number of votes shall be elected and may qualify. The terms of office of the mayor and council members shall begin at the time of taking the oath of office as provided in Section 2.20 of this charter."
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 1984 session of the General Assembly of Georgia a bill to amend the municipal charter of the City of Sky Valley, Rabun County, Georgia, changing the number of the members of the City Council, changing the terms of office of the Council members, changing the manner in which the Council members are elected, changing the manner in which the veto power of the Mayor shall be overridden by the Council, and for other purposes.
This 11th day of January, 1984.
GEORGIA LAWS 1984 SESSION
4313
Council of the City of Sky Valley, Georgia Ralph Merrow Mayor Pro Tem
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 Clayton Tribune which is the official organ of Rabun County, on the following date: January 19,1984.
/s/ Carlton H. Colwell Representative, 4th District
Sworn to and subscribed before me, this 2nd day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 15,1984.
4314 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SUPERIOR COURT OF MUSCOGEE COUNTY -- COMPENSATION OF CLERK AND OF CHIEF DEPUTY CLERK.
No. 863 (House Bill No. 1445).
AN ACT
To amend an Act establishing a salary for the clerk of the Superior Court of Muscogee County, approved February 6,1952 (Ga. L. 1952, p. 40), as amended, particularly by an Act approved March 18,1980 (Ga. L. 1980, p. 3248), so as to change the compensation of the clerk of the superior court; to provide for a chief deputy clerk of the superior court; to provide for compensation of the chief deputy clerk; to change the provisions relative to compensation; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act establishing a salary for the clerk of the Superior Court of Muscogee County, approved February 6, 1952 (Ga. L. 1952, p. 40), as amended, particularly by an Act approved March 18,1980 (Ga. L. 1980, p. 3248), is amended by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows:
"Section 1. (a) The salary of the clerk of the Superior Court of Muscogee County, Georgia, as such, and as ex officio clerk of the State Court of Columbus, Georgia, shall be $36,500.00 per annum. Such salary shall be paid from the funds of Muscogee County.
(b) Should the salary of the clerk of the superior court, as provided in subsection (a), ever be less than the compensation authorized to be paid to the sheriff of Muscogee County as computed under Code Section 15-16-20 of the Official Code of Georgia Annotated, as now or hereafter amended, the salary of the clerk of the superior court shall be increased by the amount necessary to equal the salary of the sheriff as computed under said Code section."
Section 2. Said Act is further amended by inserting following Section 1 a new Section 1.1 to read as follows:
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4315
"Section 1.1. There is created the position of chief deputy clerk of the Superior Court of Muscogee County. The chief deputy clerk shall be appointed by the clerk and shall serve at his pleasure. The chief deputy clerk shall be compensated in an amount not to exceed $30,000.00 per annum, to be paid in equal monthly installments from the funds of Muscogee County. The exact amount of the compensation of the chief deputy clerk shall be fixed by the clerk of the superior court."
Section 3. This Act shall become effective July 1,1984.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the January, 1984 session of the General Assembly of Georgia, a bill to change the compensation of the Clerk of the Superior Court of Columbus, Muscogee County, Georgia, and to create the office of Chief Deputy Clerk of Superior Court of Muscogee County, Georgia, and to provide a salary therefor, to establish the effective date; and for other purposes.
This 4th day of January, 1984.
Charles T. Staples President, Columbus Lawyers Club
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 Enquirer which is the
4316 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
official organ of Muscogee County, on the following date: January 10, 1984.
/s/ Thomas B. Buck, III Representative, 95th District
Sworn to and subscribed before me, this 25th day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 15,1984.
JUDGE OF PROBATE COURT OF MUSCOGEE COUNTY -- COMPENSATION. No. 864 (House Bill No. 1446). AN ACT
To amend an Act establishing the salary of the judge of the Probate Court of Muscogee County, approved February 6, 1952 (Ga. L. 1952, p. 2182), as amended, particularly by an Act approved February 25,1977 (Ga. L. 1977, p. 2782), so as to change the salary of the judge of the Probate Court of Muscogee County; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
GEORGIA LAWS 1984 SESSION
4317
Section 1. An Act establishing the salary of the judge of the Probate Court of Muscogee County, approved February 6, 1952 (Ga. L. 1952, p. 2182), as amended, particularly by an Act approved February 25, 1977 (Ga. L. 1977, p. 2782), 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 salary of the judge of the Probate Court of Muscogee County shall be $35,000.00 per annum."
Section 2. This Act shall become effective July 1,1984.
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, 1984, session of the General Assembly of Georgia, a bill to change the compensation of the Probate Judge of Muscogee County, Georgia, to provide an effective date, and for other purposes.
This 4th day of January, 1984.
Charles T. Staples President, Columbus Lawyers Club
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 Enquirer which is the official organ of Muscogee County, on the following date: January 10, 1984.
4318 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
/s/ Thomas B. Buck, III Representative, 95th District
Sworn to and subscribed before me, this 25th day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 15,1984.
CITY OF ALPHARETTA -- SALARIES OF MAYOR AND MEMBERS OF CITY COUNCIL. No. 865 (House Bill No. 1382). AN ACT
To amend an Act consolidating, creating, revising, and superseding the several Acts incorporating the City of Alpharetta, Georgia, in the County of Fulton and creating a new charter for said city, approved April 9,1981 (Ga. L. 1981, p. 4609), as amended by an Act approved April 12, 1982 (Ga. L. 1982, p. 4540), so as to change the salaries of the mayor and members of the city council; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia: Section 1. An Act consolidating, creating, revising, and superseding the several Acts incorporating the City of Alpharetta, Georgia, in the County of Fulton and creating a new charter for said city,
GEORGIA LAWS 1984 SESSION
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approved April 9,1981 (Ga. L. 1981, p. 4609), as amended by an Act approved April 12,1982 (Ga. L. 1982, p. 4540), is amended by striking Section 2.13 of said Act in its entirety and inserting in lieu thereof a new Section 2.13 to read as follows:
"Section 2.13. Compensation and expenses. The mayor and council members shall receive starting compensation for their services in the following amounts, to wit:
(a) Mayor - an amount not to exceed $1,200.00 per month; and
(b) Council member - an amount not to exceed $500.00 per month.
The mayor and council members shall be entitled to receive their actual and necessary expenses incurred in the performance of their official duties."
Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the January, 1984 Session of the General Assembly of Georgia a bill to amend the act creating a new charter for the City of Alpharetta, Georgia, as approved April 9, 1981, and acts amendatory thereof by increasing the monthly compensation payable to the Mayor from $700.00 per month to $1,200.00 per month and the monthly compensation payable to council members from $250.00 per month to $500.00 per month and for other purposes.
This the 27th day of December, 1983.
4320 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Jimmy Phillips, Mayor City of Alpharetta D. William Garrett, Jr. City Attorney
Publisher's Affidavit.
Georgia, Fulton County.
Before me, the undersigned, a Notary Public, this day personally came Frances K. Beck, who, being first duly sworn, according to law, says that she is the 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 6,13,20, days of January, 1984. As provided by law.
/s/ Frances K. Beck
Subscribed and sworn to before me, this 23 day of January, 1984.
/s/ April M. Elmore Notary Public, Georgia State at Large. My Commission Expires Feb. 17, 1986. (Seal).
Approved March 15,1984.
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CATOOSA COUNTY SCHOOL SYSTEM -- ADDITIONAL HOMESTEAD EXEMPTION FOR RESIDENTS 62 AND OVER -- REFERENDUM.
No. 869 (House Bill No. 1620).
AN ACT
To provide for an additional homestead exemption of $2,000.00 from ad valorem taxes levied for educational purposes by, for, or on behalf of the Catoosa County School System for all residents of Catoosa County who are 62 years of age or over; to provide for a referendum; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. The amount of $2,000.00 of the assessed value of the homestead of each resident of the Catoosa County School District who is 62 years of age or over is exempted from all ad valorem taxes levied by, for, or on behalf of the Catoosa County School System, including taxes to retire school bond indebtedness. The homestead exemption provided for herein shall be in addition to, and not in lieu of, any other homestead exemptions applicable to residents of Catoosa County or the Catoosa County School District. The procedures and requirements provided by law relative to qualifying for and claiming homestead exemptions shall apply to the homestead exemption provided for in this Act. The provisions of this Act shall apply to all taxable years beginning after December 31,1984.
Section 2. After the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the election superintendent of Catoosa County to issue the call for an election for the purpose of submitting this Act to the electors of the Catoosa 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 30 but not more than 60 days prior to the date thereof. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Catoosa County. The ballot shall have written or printed thereon the words:
4322 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
"( ) YES ( ) NO
Shall the Act providing an additional homestead exemption of $2,000.00 from ad valorem taxes levied for educational purposes by, for, or on behalf of the Catoosa County School System for all residents of the Catoosa County School District who are 62 years of age or over be approved?"
All persons desiring to vote for approval of the Act shall vote "Yes," and all 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 Catoosa County. It shall be the duty of the superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1984 session of the General Assembly of Georgia a bill to provide for an additional homestead exemption of $2,000.00 for each resident of the Catoosa County School District who is 62 years of age or over; to provide for a referendum; and for other purposes.
This first day of February, 1984.
Robert G. Peters Representative, 2nd District
GEORGIA LAWS 1984 SESSION Georgia, Fulton County.
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Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robert G. Peters, who, on oath, deposes and says that he is Representative from the 2nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Catoosa County News which is the official organ of Catoosa County, on the following date: February 8, 1984.
/s/ Robert G. Peters Representative, 2nd District
Sworn to and subscribed before me, this 13th day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 15,1984.
HARRIS COUNTY -- ASSESSMENT AND COLLECTION OF LICENSE FEES AUTHORIZED.
No. 929 (House Bill No. 869).
AN ACT
To provide that the board of commissioners of Harris County shall have the right and power to assess and collect license fees from all
4324 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
persons, firms, and corporations doing business in the unincorporated areas of Harris 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 Harris County, Georgia, as the governing authority of said county, is authorized and empowered to levy, assess, and collect annual license fees not to exceed $100.00 from each person, firm, and corporation 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 limitation shall not apply to licenses for the sale of alcoholic beverages. The governing authority is further authorized and empowered to classify all such businesses and business enterprises and to assess different license fees against different 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 Harris County. The governing authority 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 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 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 Harris 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 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
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authority for Harris County; a bill to create a business license for Harris County; to provide for related matters; to repeal conflicting laws; and for other purposes.
This 18th day of January, 1983.
Harris County Commissioners
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. Randolph Phillips, who, on oath, deposes and says that he is Representative from the 93rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Harris County Journal which is the official organ of Harris County, on the following dates: January 20, February 17,24,1983.
/s/ W. Randolph Phillips Representative, 93rd 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 Nov. 4, 1985. (Seal).
Approved March 19,1984.
4326 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
TOWN OF POOLER -- CORPORATE LIMITS DEFINED.
No. 930 (House Bill No. 1167).
AN ACT
To amend an Act creating a new charter for the Town of Pooler, approved March 31,1976 (Ga. L. 1976, p. 3419), as amended, particularly by an Act approved February 7,1978 (Ga. L. 1978, p. 3246), an Act approved April 11,1979 (Ga. L. 1979, p. 4242), an Act approved March 18,1980 (Ga. L. 1980, p. 3131), an Act approved April 12,1982 (Ga. L. 1982, p. 3872), and an Act approved March 14,1983 (Ga. L. 1983, p. 3865), so as to define correctly the corporate limits of the Town of Pooler; to repeal conflicting laws; and for other purposes. I
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating a new charter for the Town of Pooler, approved March 31,1976 (Ga. L. 1976, p. 3419), as amended, particularly by an Act approved February 7, 1978 (Ga. L. 1978, p. 3246), an Act approved April 11,1979 (Ga. L. 1979, p. 4242), an Act approved March 18, 1980 (Ga. L. 1980, p. 3131), an Act approved April 12,1982 (Ga. L. 1982, p. 3872), and an Act approved March 14, 1983 (Ga. L. 1983, p. 3865), is amended by striking subsection (d) of Section 1.11 in its entirety and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) In addition to the corporate limits of the Town of Pooler as provided by the foregoing provisions of this section, said corporate limits of said town shall also include the following described tracts of land:
ALL that certain lot, tract or parcel of land commencing at the northwesterly corner of Sangrena Woods Subdivision being on the southerly side of a drainage ditch; extend thence N 66 19' E along the northerly property line of said Sangrena Woods for a distance of 1450 feet, more or less, to the point of beginning, where said ditch turns and runs northeast and north; extend thence along the easterly side of said ditch for a distance of 200.0 feet, more or less, to a point where the ditch turns more northerly; continues along the easterly side of said ditch for a distance of 620
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feet, more or less, to the southerly property line of Union Camp's Harry H. Anderson Tract; extend thence along said Union Camp property line North 8935'00" East a distance of 330.0 feet, more or less, to a concrete monument located at the southeast corner of said Anderson Tract and the southwesterly property line of Union Camp's S.A. Allen, Inc. Tract; running thence South 24 19'00" East along said property line to the Northeasterly corner of Sangrena Woods Subdivision; extend thence S 69 31' W along said property line and corporate limit line for a distance of 446 feet to a point; extend thence N 19 55' W along said property line and corporate limit line for a distance of 329.2 feet to a point; extend thence S 7022' W along said property line and corporate limit line for a distance of 1313.1 feet to a point; extend thence N 0352' E along said property line and corporate limit line for a distance of 510.5 feet to a point; extend thence S 8052' W along said property line and corporate limit line for a distance of 156 feet, more or less, to the point of beginning.
ALSO ALL that certain lot, tract or parcel of land commencing at a point intersecting the northerly right-of-way line of the S. C. L. Railroad with the easterly right-of-way line of Skinner Street; extend thence westwardly along said S. C. L. Railroad northerly right-of-way line for a distance of 1089 feet to the point of beginning; continue thence along said S. C. L. Railroad northerly right-of-way line for a distance of 8,425.00 feet, more or less, to a point at the intersection with the easterly property line of lands of G. Philip Morgan, Jr., et al.; extend thence North 19 04'00" East a distance of 230.0 feet to a point; extend thence North 18 02'00" East a distance of 1,124.0 feet to a point on the northerly right-of-way line of a canal; extend thence along said canal right-of-way line North 65 55'00" West a distance of 472.0 feet to a point; continuing thence along said canal right-of-way line North 43 31'00" West a distance of 298.00 feet to a point at the intersection with the easterly right-of-way line of Wildcat Dam Road; extend thence along said easterly right-of-way of Wildcat Dam Road North 28 33'00" East a distance of 1,428.0 feet to a point; extend thence South 73 42'00" East a distance of 480.0 feet to a point; extend thence North 18 27'00" East for a distance of 850.0 feet, more or less, to the southerly right-of-way line of U.S. Highway 80; extend thence northwardly crossing said highway at a right angle for a distance of 130 feet to the northerly right-of-way line of U.S. Highway 80; extend thence eastwardly along said northerly right-of-way line of U.S. Highway 80 also
4328 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
being the existing corporate limit line for a distance of 450 feet, more or less, to a point of intersection with the property line of Demas just east of Sangrena Drive; extend thence North 19 20' W along said property line also being the existing corporate limit line for a distance of 152.22 feet to a point; extend thence N 66 19' E along said property line also being the existing corporate limit line for a distance of 1,330.9 feet to a point; extend thence S 1912' W along said property line also being the existing corporate limit line for a distance of 1,020 feet, more or less, to the northerly right-ofway line of U.S. Highway 80; extend thence easterly along said northerly right-of-way line of U.S. Highway 80 also being the existing corporate limit line for a distance of 875 feet, more or less, to a point lying approximately 850 feet, more or less, west of Houston Street; extend thence S 2231'30" W along said corporate limit line crossing U.S. Highway 80 for a distance of 919 feet, more or less, to the southerly right-of-way line of Central of Georgia Railroad's former main line; extend N 70 20'10" W along said southerly right-of-way line also being the existing corporate limit line Morris tract property line for a distance of 608.46 feet to a point; extend thence S 21 50' E along said property line and existing corporate limit line for a distance of 96.10 feet to a point; extend thence S 75 49'10" W along said property line and existing corporate limit line for a distance of 1,686.33 feet to a point; extend thence S 21 29' 10" W along said property line and existing corporate limit line for a distance of 1,409.68 feet to a point; extend thence S 64 23' 05" E along said property line and existing corporate limit line for a distance of 3,489.47 feet to a point; extend thence N 22 12'20" E along said property line and existing corporate limit line for a distance of 630.22 feet to a point along the northerly right-of-way line of Harden Canal; continue thence along said northerly right-of-way line of Harden Canal and existing corporate limit line for a distance of 628.03 feet to the westerly right-of-way line of the oxidation pond road; extend thence along said westerly right-of-way line of the oxidation pond road and existing corporate limit line for a distance of 160.87 feet to a point along the northerly right-of-way of said oxidation pond road; extend thence eastwardly along said northerly right-of-way line of said oxidation pond road and existing corporate limit line for a distance of 543 feet to the common property line between Morris Tract and Dozier Cook; extend thence N 21 44'20" E along said common property line and existing corporate limit line for a distance of 1,852.83 feet to the southerly right-of-way line of Central of Georgia Railroad's former main track; extend thence S
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19 41'20" E along Dozier Cook's northeasterly property line and existing corporate limit line for a distance of 1,305.86 feet, more or less, to a point at the northwest corner of B.J. Thompson's property; extend thence S 19 05' W along the common property line of Dozier Cook and B.J. Thompson, and being the existing corporate limit line for a distance of 839.03 feet to the northerly right-of-way line of said oxidation pond road; extend thence along the northerly right-of-way of said oxidation pond road and existing corporate limit line for a distance of 679.50 feet to a property line; extend thence N 19 41'20" W along said property line, and existing corporate limit line for a distance of 100.47 feet to the easterly rightof-way line of James Road; extend thence northwardly along said easterly right-of-way line of James Road and existing corporate limit line for a distance of 270.50 feet to a point along a property line; extend thence S 52 50' E along said property line and existing corporate limit line for a distance of 336.15 feet to the easterly right-of-way line of Sheftall Street; extend thence S 49 30' E along said property line and existing corporate limit line for a distance of 575 feet, more or less, to the westerly right-of-way line of Chestnut Street; extend thence southwardly along said westerly right-of-way line of Chestnut Street and the existing corporate limit line for a distance of 473.95 feet to the northerly property line of Walter Gay; extend thence S 78 28'40" E along said northerly property line of Walter Gay, and existing corporate limit line for a distance of 735.72 feet to the westerly right-of-way line of Rogers Street; extend thence northwardly along westerly right-of-way line of Rogers Street and existing corporate limit line for a distance of 300 feet, more or less, to a point; extend thence N 84 E crossing said Rogers Street and along the Pooler Recreation Park property line and existing corporate limit line for a distance of 150 feet to a point; extend thence southeastwardly along said Pooler Recreation Park property line and existing corporate limit line to point along the northerly right-of-way of S.C.L. Railroad and the point of beginning.
ALSO ALL that certain lot, tract or parcel of land commencing at the southwest right-of-way intersection of Rogers Street and Mell Street; extend thence southwardly along the westerly right-of-way line of Rogers Street for a distance of 880 feet, more or less, to the point of beginning which is also the northerly property line of J.E. Tuten as projected; extend eastwardly along said property line also being the existing corporate limit line for a
4330 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
distance of 312 feet, more or less, to a point; extend thence southwardly along said property line and existing corporate limit line for a distance of 220 feet, more or less, to a point; extend thence westwardly along said property line and existing corporate limit line for a distance of 272 feet, more or less, to the easterly right-of-way line of Rogers Street; extend thence southwardly along said easterly right-of-way line of Rogers Street also being the corporate limit line for a distance of 271 feet, more or less, to a point; extend thence westwardly for a distance of 40 feet to the westerly right-of-way line of Rogers Street and the existing corporate limit line; extend northwardly along said westerly right-ofway line of Rogers Street and the existing corporate limit line for a distance of 491 feet, more or less, to the point of beginning.
ALSO ALL that certain lot, tract or parcel of land commencing at the intersection of the S.C.L. Railroad's southerly right-ofway line and the easterly right-of-way line of Pooler Cross Roads; extend thence southwardly along said easterly right-of-way line of Pooler Cross Roads for a distance of 1,305.08 feet to a point at the southwest corner of Garden Acres Estates, said point being the point of beginning; extend thence southwardly along said easterly right-of-way line of Pooler Cross Roads for a distance of 3,750 feet, more or less, to the northerly right-of-way line of Pine Barren Road; extend thence eastwardly along said northerly right-of-way line of Pine Barren Road for a distance of 10,400 feet, more or less, to the northerly right-of-way line of S.C.L. Railroad, also being the existing corporate limit line; extend thence along said northerly right-of-way line of S.C.L. Railroad and existing corporate limit line for a distance of 4,800 feet, more or less; extend thence southwardly crossing the S.C.L. Railroad right-of-way for a distance of 100 feet, more or less, to a point at the northeast corner of the J.E. Tuten tract; extend thence S 19 13'W along the easterly property line of said J.E. Tuten tract for a distance of 1,464.63 feet to a point at the southeast corner of J.E. Tuten tract; extend thence N 81 36' W along the southerly property line of said J.E. Tuten tract for a distance of 1,128.39 feet to a point; extend thence N 81 18'W along the southerly property line of said J.E. Tuten tract for a distance of 1,166.44 feet to a point; extend thence N 15 14' W along property line of said J.E. Tuten tract for a distance of 662.14 feet to a point at the southerly property line of Garden Acres Estate; extend thence N 73 39' W along said southerly property line of said Garden Acres Estate for a distance of 431.53 feet to a point; extend thence N 20 17' E
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along a westerly property line of said Garden Acres Estates for a distance of 255.17 feet to a point; extend thence N 76 14' W along a southerly property line of said Garden Acres Estates for a distance of 326.02 feet to a point at the easterly right-of-way line of Pooler Cross Roads which is the point of beginning.
ALSO ALL that certain lot, tract or parcel of land commencing at the intersection of the western boundary of lands of Lee Durden and U.S. Highway 80; extend westwardly along said northerly right-of-way line of U.S. Highway 80 for a distance of 1,185 feet, more or less, to a point on the westerly property line of now or formerly Joshua Dowd, which is also the existing corporate limit line; extend thence N 19 12' E along said westerly property line and existing corporate limit line for a distance of 1,162 feet to a point; extend thence S 22 32' E along the easterly property line of now or formerly Joshua Dowd and also the existing corporate limit line for a distance of 1,570.80 feet to the northerly right-ofway line of U.S. Highway 80; extend thence along said northerly right-of-way line of U.S. Highway 80 and existing corporate limit line for a distance of 5.28 feet to a point; extend thence N 50 06' E along the existing corporate limit line for a distance of 44.88 feet to a point along the property line of the Georgia Forestry Service; extend thence N 20 33' W along the southwesterly property line of said Georgia Forestry Service and existing corporate limit line for a distance of 819.72 feet to a point; extend thence N 75 16' E along the northwesterly property line of said Georgia Forestry Service and existing corporate limit line for a distance of 252.12 feet to a point; extend thence S 52 10' E along the northerly property line of said Georgia Forestry Service and existing corporate limit line for a distance of 681.78 feet to a point; extend thence N 50 08' E along a property line and existing corporate limit line for a distance of 60.02 feet to a point on the westerly property line of Lawton Drew; extend thence southwardly along the said westerly property line of Lawton Drew and existing corporate limit line for a distance of 71.90 feet to the southwesterly corner of said Lawton Drew property line also being the northwesterly corner of Leo L. Durden property; extend thence southwardly along the westerly property line of said Leo L. Durden property and existing corporate limit line for a distance of 415 feet to the northerly right-of-way line of U.S. Highway 80 and the point of beginning.
ALSO ALL that certain lot, tract or parcel of land commencing at the intersection of the northerly right-of-way line of Pine
4332 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Barren Road and the southerly right-of-way line of U.S. Highway 80;
ALSO ALL that certain lot, tract or parcel of land commencing at the intersection of the northerly right-of-way line of U.S. Highway 80; extend thence northwestwardly along said southerly right-of-way line of U.S. Highway 80 also being the existing corporate limit line for a distance of 4550 feet, more or less, to a point; extend thence generally northwest, crossing U.S. Highway 80, and along the said existing corporate limit line for a distance of 580 feet, more or less, to the northerly right-of-way line of Old U.S. Highway 80; extend thence northwestwardly along said northerly right-of-way line of said Old U.S. Highway 80 an existing corporate limit line for a distance of 500 feet, more or less, to the southerly right-of-way line of Central of Georgia RR; extend thence eastwardly along said southerly right-of-way line of Central of Georgia RR for a distance of 1695 feet, more or less, to the westerly property line of S. Wall extend thence southwardly along said westerly property line of S. Wall for a distance of 810.82 feet, more or less, to the northerly right-of-way line of U.S. Highway 80; extend thence southeastwardly along said northerly right-of-way line of U.S. Highway 80 for a distance of 3500 feet, more or less, to the easterly property line of F.D. Benton; extend thence northeastwardly along said easterly property line of F.D. Benton for a distance of 400 feet, more of less, to the southwesterly property line of F.D. Benton; extend thence southeastwardly along said southwesterly property line of F.D. Benton for a distance of 1250 feet, more or less, to a drainage ditch which is an approximate property line; extend thence southwardly along said drainage ditch for a distance of 650 feet, more or less, to the northerly rightof-way line of U.S. Highway 80; extend thence northwestwardly along said northeasterly right-of-way line of U.S. Highway 80 for a distance of 700 feet, more or less, to a point, said point being on the northerly right-of-way line of Pine Barren Road if extended northeastwardly; extend thence southwestwardly along said northerly right-of-way line of Pine Barren Road, crossing U.S. Highway 80 for a distance of 105 feet, more or less, to the point of beginning.
ALSO ALL that certain lot, tract or parcel of land commencing at the intersection at the southerly right-of-way of Greenway Street with the westerly right-of-way line of Parsons Avenue, said intersection being on the corporate limit line; extend thence
GEORGIA LAWS 1984 SESSION
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northwardly along said westerly right-of-way line of Parsons Avenue and the existing corporate limit line for a distance of 150 feet, more or less, to the westerly right-of-way line of said Interstate Highway 95; extend thence northwardly along said westerly right-of-way line of Interstate Highway 95 and the existing corporate limit line for a distance of 300 feet, more or less, to the northerly right-of-way line of Salter Street, if extended eastwardly; extend thence westwardly along said northerly right-ofway line of Salter Street and the existing corporate limit line for a distance of 775 feet, more or less, to a ditch which extends northwardly and is an approximate property line and is also the existing corporate limit line; extend thence northwardly along said ditch and the existing corporate limit line for a distance of 1,000 feet, more or less, to the northerly right-of-way line of Pine Street; extend thence westwardly along said northerly right-of-way line of Pine Street and the existing corporate line for a distance of 350 feet, more or less, to the easterly right-of-way line of Second Street; extend thence northwardly along said easterly right-ofway line of Second Street, if extended northwardly, and the existing corporate line for a distance of 350 feet, more or less, to the easterly right-of-way line of Second Street; extend thence northwardly along said easterly right-of-way line of Second Street, if extended northwardly, and the existing corporate limit line for a distance of 2,400 feet, more or less, to the easterly right-of-way line of Interstate Highway 95; extend thence southwardly along said easterly right-of-way line of Interstate Highway 95 for a distance of 4,200 feet, more or less, to the southerly right-of-way line of Greenway Street; extend thence westwardly along said southerly right-of-way line of Greenway Street for a distance of 300 feet, more or less, to the point of beginning.
ALSO ALL that certain lot, tract or parcel of land beginning at the point of intersection of the southerly right-of-way of Pipemakers Canal with the westerly right-of-way line of Benton Drive; extend thence along said westerly right-of-way line of Benton Drive for a distance of 400.00', more or less, to the existing corporate limits at Cemetery Road; extend thence westerly along the said corporate limits at Cemetery Road to the southeasterly property line of Union Camp's S.S. Allen, Inc. Tract, and the corporate limits line; and extend thence along said property line in a northeasterly direction to the Point of Beginning.
4334 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
The zoning in effect in Chatham County for the property added to the corporate limits of the Town of Pooler by the foregoing provisions of this subsection shall remain in full force and effect."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Notice.
Notice is hereby given that there will be introduced at the 1984 session of the General Assembly of Georgia a bill relating to the corporate limits of the town of Pooler, Chatham County, Georgia and for other purposes.
A copy of the proposed amendment is on file in the office of the Clerk of the council of the Town of Pooler, Georgia and in the office of the Clerk of the Superior Court of Chatham County, Georgia, for purposes of examination and inspection of the public.
This 12th day of December, 1983.
Edward H. Lee Attorney, for the Town of Pooler
Affidavit of Publication of the Georgia Gazette.
Georgia, Chatham County.
Personally appeared before me, the undersigned officer authorized to administer oaths, Barbara W. Hook, known to me, who being sworn by me, deposes and says:
That she is the designated agent of the Georgia Gazette, a newspaper of general circulation published in Savannah, Chatham County,
GEORGIA LAWS 1984 SESSION
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Georgia, by the Georgia Gazette Publishing Company, a Georgia corporation;
That the Georgia Gazette is the official organ of Chatham County pursuant to Official Code of Georgia subsection 9-13-14 and is the newspaper customarily used by the Sheriff of Chatham County for the publication of notices required by law:
That she is authorized by the Georgia Gazette Publishing Company and the Georgia Gazette to make affidavits of publication on behalf of said newspaper;
That she has reviewed the editions of the Georgia Gazette published on Dec. 15,1983, Dec. 22,1983, Dec. 29,1983; and says of her own personal knowledge that the advertisement attached hereto and made a part hereof appeared in each of said editions.
/s/ Barbara W. Hook Deponent
Sworn to and subscribed before me, this 9th day of January, 1984.
/s/ William Mason Notary Public, Chatham County, Georgia. My Commission Expires, July 5, 1987. (Seal).
Approved March 19,1984.
CITY OF ALPHARETTA -- LIMIT ON CONTRACTS ALLOWABLE WITHOUT BIDDING. No. 931 (House Bill No. 1381). AN ACT
To amend an Act consolidating, creating, revising, and supersed-
4336 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ing the several Acts incorporating the City of Alpharetta, Georgia, in the County of Fulton and creating a new charter for said city, approved April 9,1981 (Ga. L. 1981, p. 4609), as amended by an Act approved April 12, 1982 (Ga. L. 1982, p. 4540), so as to increase the total consideration allowable on contracts before the city is required to obtain bids for the letting of such contracts; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act consolidating, creating, revising, and superseding the several Acts incorporating the City of Alpharetta, Georgia, in the County of Fulton and creating a new charter for said city, approved April 9,1981 (Ga. L. 1981, p. 4609), as amended by an Act approved April 12,1982 (Ga. L. 1982, p. 4540), is amended by striking subsection (33) of Section 1.13 in its entirety and inserting in lieu thereof a new subsection (33) to read as follows:
"(33) Contracts. The City of Alpharetta shall have the power to enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations providing for services to be made therefor and limited only by the dictates of Code Section 36-30-3 of the O.C.G.A.; but all contracts involving $1,000.01 or more shall be let for bids after at least three bids are requested;".
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the January, 1984 Session of the General Assembly of Georgia a bill to amend the act creating a new charter for the City of Alpharetta, Georgia, as approved April 9, 1981, and acts amendatory thereof by increasing the total consideration allowable on contracts negotiated by the City from $100.00 to $1,000.00 for being required to obtain bids for the letting of such contracts and for other purposes.
GEORGIA LAWS 1984 SESSION This the 27th day of December, 1983.
4337
Jimmy Phillips, Mayor City of Alpharetta D. William Garrett, Jr. City Attorney
Publisher's Affidavit.
Georgia, Fulton County.
Before me, the undersigned, a Notary Public, this day personally came Frances K. Beck, who, being first duly sworn, according to law, says that she is the 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 6,13,20, days of January, 1984. As provided by law.
/s/ Frances K. Beck
Subscribed and sworn to before me, this 23 day of January, 1984.
/s/ April M. Elmore Notary Public, Georgia State at Large. My Commission Expires Feb. 17, 1986. (Seal).
Approved March 19,1984.
4338 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CITY OF ALPHARETTA -- SALARY OF JUDGE OF MUNICIPAL COURT.
No. 932 (House Bill No. 1383).
AN ACT
To amend an Act consolidating, creating, revising, and superseding the several Acts incorporating the City of Alpharetta, Georgia, in the County of Fulton and creating a new charter for said city, approved April 9,1981 (Ga. L. 1981, p. 4609), as amended by an Act approved April 12, 1982 (Ga. L. 1982, p. 4540), so as to change the salary of the Judge of the Municipal Court of the City of Alpharetta; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act consolidating, creating, revising, and superseding the several Acts incorporating the City of Alpharetta, Georgia, in the County of Fulton and creating a new charter for said city, approved April 9,1981 (Ga. L. 1981, p. 4609), as amended by an Act approved April 12,1982 (Ga. L. 1982, p. 4540), is amended by striking subsection (e) of Section 4.11, which reads as follows:
"(e) The Judge of said court shall receive compensation for his services in the following amounts, to-wit: $250.00 per month, and said compensation shall be amended from time to time for good cause shown and in accordance with Title 69, Section 1019, Georgia Code Annotated, as amended.",
and inserting in lieu thereof a new subsection (e) to read as follows:
"(e) The Judge of said court shall receive as compensation for his services a sum not to exceed $600.00 per month."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
GEORGIA LAWS 1984 SESSION
4339
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the January, 1984 Session of the General Assembly of Georgia a bill to amend the act creating a new charter for the City of Alpharetta, Georgia, as approved April 9, 1981, and acts amendatory thereof by increasing the monthly compensation payable to the Judge of the Municipal Court of Alpharetta, from $250.00 per month to $600.00 per month and for other purposes.
This the 27th day of December, 1983.
Jimmy Phillips, Mayor City of Alpharetta D. William Garrett, Jr. City Attorney
Publisher's Affidavit.
Georgia, Fulton County.
Before me, the undersigned, a Notary Public, this day personally came Frances K. Beck, who, being first duly sworn, according to law, says that she is the 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 6,13,20, days of January, 1984. As provided by law.
/s/ Frances K. Beck
4340 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Subscribed and sworn to before me, this 23 day of January, 1984.
/s/ April M. Elmore Notary Public, Georgia State at Large. My Commission Expires Feb. 17, 1986. (Seal).
Approved March 19,1984.
FLOYD COUNTY -- APPROVAL OF COUNTY GOVERNING AUTHORITY OF SALARIES OF
CERTAIN OFFICIALS.
No. 933 (House Bill No. 1490).
AN ACT
To amend an Act providing a chief deputy for the clerk of the Superior Court of Floyd County and for the sheriff of Floyd County, approved March 27,1972 (Ga. L. 1972, p. 3178), as amended, particularly by an Act approved April 11,1979 (Ga. L. 1979, p. 4362), so as to provide that the salary amount of each chief deputy shall be subject to the approval of the county governing authority; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act providing a chief deputy for the clerk of the Superior Court of Floyd County and for the sheriff of Floyd County, approved March 27,1972 (Ga. L. 1972, p. 3178), as amended, particularly by an Act approved April 11, 1979 (Ga. L. 1979, p. 4362), is amended by striking in its entirety Section 1 and inserting in its place a new Section 1 to read as follows:
GEORGIA LAWS 1984 SESSION
4341
"Section 1. The clerk of the Superior Court of Floyd County shall be authorized to employ to serve at the pleasure of said clerk, and to perform such duties as may be assigned by him, a chief deputy. The salary of said chief deputy shall be fixed, subject to the approval of the county governing authority, at the discretion of the clerk of the superior court in an amount not to exceed 75 percent of the salary of the clerk of the superior court. Said salary of the chief deputy shall be payable in equal monthly installments from the funds of Floyd County."
Section 2. Said Act is further amended by striking in its entirety Section 2 and inserting in its place a new Section 2 to read as follows:
"Section 2. The sheriff of Floyd County shall be authorized to employ to serve at the pleasure of said sheriff, and to perform such duties as may be assigned by him, a chief deputy. The salary of said chief deputy shall be fixed, subject to the approval of the county governing authority, at the discretion of the sheriff in an amount not to exceed 75 percent of the salary of the sheriff. Said salary of the chief deputy shall be payable in equal monthly installments from the funds of Floyd County."
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.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1984 session of the General Assembly of Georgia a bill to amend an Act providing a chief deputy for the Clerk of the Superior Court of Floyd County and for the sheriff of Floyd County, approved March 27,1972, (Ga. L. 1972, p. 3178), as amended, particularly by an Act approved April 11,1979 (Ga. L. 1979, p. 4362), so as to provide that the salary amount of each chief deputy shall be subject to the approval of the county governing authority; and for other purposes.
This 20th day of January, 1984.
4342 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Thomas Caldwell Representative, 16th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom Caldwell, 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 date: January 24,1984.
/s/ Tom Caldwell Representative, 16th District
Sworn to and subscribed before me, this 6th day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 19,1984.
GEORGIA LAWS 1984 SESSION
4343
STATE COURT OF DeKALB COUNTY -- ADDITIONAL ASSISTANT SOLICITOR.
No. 934 (House Bill No. 1500).
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 March 14, 1983 (Ga. L. 1983, p. 3709), so as to provide for the appointment of an additional assistant 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 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 March 14,1983 (Ga. L. 1983, p. 3709), is amended by striking Section 6A in its entirety and inserting in lieu thereof a new Section 6A to read as follows:
"Section 6A. The solicitor of the State Court of DeKalb County shall have authority to appoint six 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. 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.
4344 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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, 1984, 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 an additional Assistant Solicitor, to provide for the acceptance by the Clerk of court costs upon dismissal of criminal cases and to provide for the payment of witness fees to certain sworn officers and persons who have drawn blood samples and are called to testify for the State, to repeal conflicting laws; and for other purposes.
This 5th day of January, 1984.
Ralph T. Bowden Solicitor, State Court DeKalb County, Georgia
Publisher's Certificate.
Georgia, DeKalb County.
Personally appeared before the undersigned, a notary public within and for said county and State, Gerald Wm. Crane, co-publisher of Decatur-DeKalb News/Era a newspaper publisher at Decatur, County of DeKalb, State of Georgia who, being duly sworn, states on oath that the report of Local Legislation-Apply to amend Ga. L. 1951, p. 2401, a true copy of which is hereto annexed, was published in said newspaper in its issue of the 12th, 19th, and 26th day of January, 1984.
/s/ Gerald Wm. Crane Co-Publisher
GEORGIA LAWS 1984 SESSION
/s/ Samme Johnson Agent
Sworn to and subscribed before me, this 26th day of January, 1984.
/s/ Linda L. Orr Notary Public. My Commission expires June 21, 1985. (Seal).
Approved March 19,1984.
4345
COBB COUNTY-MARIETTA WATER AUTHORITY -- COMPOSITION OF MEMBERSHIP, ETC.
No. 935 (House Bill No. 1611).
AN ACT
To amend an Act creating the Cobb County-Marietta Water Authority, approved February 21, 1951 (Ga. L. 1951, p. 497), as amended by an Act approved April 9,1963 (Ga. L. 1963, p. 3052), an Act approved March 27,1965 (Ga. L. 1965, p. 2762), an Act approved February 24,1967 (Ga. L. 1967, p. 2051), an Act approved April 10, 1968 (Ga. L. 1968, p. 3533), an Act approved April 10,1971 (Ga. L. 1971, p. 3485), an Act approved March 28,1972 (Ga. L. 1972, p. 3208), and an Act approved March 18,1980 (Ga. L. 1980, p. 3265), so as to change the composition of the membership of the authority; to provide for appointment of additional members; to change the provisions relating to terms of office; to change the provisions relating to officers of the authority; to change the provisions relating to a quorum; to repeal conflicting laws; and for other purposes.
4346 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the Cobb County-Marietta Water Authority, approved February 21, 1951 (Ga. L. 1951, p. 497), as amended by an Act approved April 9,1963 (Ga. L. 1963, p. 3052), an Act approved March 27,1965 (Ga. L. 1965, p. 2762), an Act approved February 24, 1967 (Ga. L. 1967, p. 2051), an Act approved April 10, 1968 (Ga. L. 1968, p. 3533), an Act approved April 10,1971 (Ga. L. 1971, p. 3485), an Act approved March 28,1972 (Ga. L. 1972, p. 3208), and an Act approved March 18, 1980 (Ga. L. 1980, p. 3265), is amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows:
"Section 2. Cobb County-Marietta Water Authority. There is hereby created a body corporate and politic to be known as the Cobb County-Marietta Water Authority, which shall be deemed to be a political subdivision of the State of Georgia and a public corporation and by that name, style and title, said body may contract and be contracted with, sue and be sued, implead and be impleaded, complain and defend in all courts of law and equity.
The Authority shall consist of five members who shall be determined and selected as follows:
One member shall be the Chairman of the Board of Commissioners of Cobb County, Georgia;
One member shall be selected by the governing authority of the City of Marietta, Georgia;
Two members shall be selected by a caucus consisting of all members of the General Assembly whose districts are wholly or partially within Cobb County. The two members so selected by the caucus must be residents of the unincorporated area of Cobb County. One of the two members so selected by the caucus must be a resident of the western district from which members of the Board of Commissioners of Cobb County are elected; and one of the members so selected by the caucus must be a resident of the eastern district from which members of the Board of Commissioners of Cobb County are elected.
One member shall be selected by the governing authority of the City of Acworth, Georgia, in those years in which the members of the
GEORGIA LAWS 1984 SESSION
4347
Authority are to be elected which end with the numeral 4; by the governing authority of the City of Austell, Georgia, in those years in which the members of the Authority are to be elected which end with the numeral 8; by the governing authority of the City of Kennesaw, Georgia, in those years in which the members of the Authority are to be elected which end with the numeral 2; by the governing authority of the City of Powder Springs, Georgia, in those years in which the members of the Authority are to be elected which end with the numeral 6; and by the governing authority of the City of Smyrna, Georgia, in those years in which the members of the Authority are to be elected which end with the numeral 0.
The term of office of the Chairman of the Board of Commissioners of Cobb County as a member of the Authority shall be concurrent with his term of office as Chairman of the Board of Commissioners of Cobb County. The terms of all other members of the Authority shall be four years and until a successor shall be selected and appointed, except that the two members selected by caucus of the members of the State House of Representatives and State Senate shall have an initial term of two years commencing August 15,1984, and thereafter their terms shall be four years commencing August 15, 1986. The term of all members of the Authority holding office on April 1,1984, shall terminate on August 15,1984, at which time the members of the Authority selected in accordance with this section will begin their terms of office.
The Authority shall elect one of its members as Chairman and another member as Vice Chairman. The Authority may also elect a Secretary and Treasurer, who need not necessarily be a member of the Authority. Three members of the Authority shall constitute a quorum. No vacancy on the Authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the Authority. The members of the Authority shall be entitled to compensation for their services at the rate of $1,200.00 per annum, paiyable monthly, and all members shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. The Authority shall make rules and regulations for its own government. It shall have perpetual existence."
Section 3. All laws and parts of laws in conflict with this Act are repealed.
4348 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 1984 Session of the General Assembly of Georgia, a bill to amend an act known as the Cobb-County-Marietta Water Authority Act, approved February 21, 1961, (Ga. L. 1961, p. 497) as heretofore amended; and for other purposes.
This 6th day of January, 1984.
Roy E. Barnes Haskew Brantley Joe L. Thompson Carl Harrison Joe Mack Wilson A. L. Burruss 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 date: January 6,1984.
/s/ Steve Thompson Representative, 20th District
GEORGIA LAWS 1984 SESSION
Sworn to and subscribed before me, this 9th day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 19,1984.
4349
HARRIS COUNTY BOARD OF EDUCATION -- COMPETITIVE BIDDING ON PURCHASES IN
EXCESS OF $1500.00.
No. 936 (House Bill No. 1615).
AN ACT
To amend an Act entitled "An Act to require the Superintendent of Schools of Harris County and the Board of Education of Harris County to maintain a current list of the members and all employees of the Board of Education of Harris County, together with their individual salaries, supplements, expenses and other emoluments; to provide that said list shall be available for public examination; to provide that copies of said list shall be available to the public upon request for the cost of reproduction; to provide for competitive bidding on the purchase of all materials, equipment, and supplies in excess of $500.00 by the Board of Education of Harris County; to provide that all expenditures for the purchase of materials, equipment, and supplies in excess of $500.00 shall be first authorized by a majority of the Board of Education of Harris County; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.", approved March 23,1977 (Ga. L. 1977, p. 3970), so as to provide for competitive bidding on all materials, equipment, and supplies in excess of $1,500.00 by the Board of Education of Harris
4350 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
County; to provide that all expenditures for the purchase of materials, equipment, and supplies in excess of $1,500.00 shall first be authorized by a majority of the Board of Education of Harris County; 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 require the Superintendent of Schools of Harris County and the Board of Education of Harris County to maintain a current list of the members and all employees of the Board of Education of Harris County, together with their individual salaries, supplements, expenses and other emoluments; to provide that said list shall be available for public examination; to provide that copies of said list shall be available to the public upon request for the cost of reproduction; to provide for competitive bidding on the purchase of all materials, equipment, and supplies in excess of $500.00 by the Board of Education of Harris County; to provide that all expenditures for the purchase of materials, equipment, and supplies in excess of $500.00 shall be first authorized by a majority of the Board of Education of Harris County; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.", approved March 23,1977 (Ga. L. 1977, p. 3970), 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 Board of Education of Harris County shall solicit at least three bids for the purchase of any materials, equipment, and supplies whenever the purchase price exceeds fifteen hundred dollars ($1,500.00). All expenditures for the purchase of materials, equipment, and supplies in excess of fifteen hundred dollars ($1,500.00) must be first authorized by a majority of the Board of Education of Harris 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 in the regular 1984 session of the General Assembly of Georgia a bill to change requirements for purchases by bid and providing for matters relating thereto; and for other purposes.
GEORGIA LAWS 1984 SESSION This the 30th day of January, 1984.
4351
James V. Edgar Chairman, Harris County Board of Education
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. Randolph Phillips, who, on oath, deposes and says that he is Representative from the 93rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Harris County Journal which is the official organ of Harris County, on the following date: February 2, 1984.
/s/ W. Randolph Phillips Representative, 93rd District
Sworn to and subscribed before me, this 13th day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 19,1984.
4352 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CRISP COUNTY COMMISSIONERS -- NUMBER, ELECTION DISTRICTS, ETC. -- REFERENDUM.
No. 937 (House Bill No. 1619).
AN ACT
To amend an Act creating a board of commissioners for Crisp County, approved August 8,1908 (Ga. L. 1908, p. 295), as amended, particularly by an Act approved March 3,1964 (Ga. L. 1964, p. 2253), so as to change the number of county commissioners; to provide for commissioner districts; to provide for the election of county commissioners; to provide for other matters relative to the foregoing; to provide for a referendum; to provide effective dates; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating a board of commissioners for Crisp County, approved August 8,1908 (Ga. L. 1908, p. 295), as amended, particularly by an Act approved March 3,1964 (Ga. L. 1964, p. 2253), is amended by striking Section 1 thereof in its entirety and inserting in lieu thereof a new Section 1 to read as follows:
"Section 1. (a) For the purpose of electing members of the Board of Commissioners of Crisp County, Crisp County shall be divided into two districts. District 1 shall be divided into two posts. Each post shall have one member on the Board of Commissioners of Crisp County who shall be elected district-wide by the voters of the district. District 2 shall be divided into three posts. Each post shall have one member on the Board of Commissioners of Crisp County who shall be elected district-wide by the voters of the district. The districts and posts are described as follows:
Commissioner District 1 - Post 1
Tract 9901 Blocks 308 through 310 and 313 through 331 Blocks 407, 418 through 421, 432 through 438, 452, and 453
GEORGIA LAWS 1984 SESSION
Tract 9902 Block Groups 1 and 2 Block 441
Those portions of Blocks 450 and 452 inside the City of Cordele
Tract 9903 Block Group 5
Commissioner District 1 - Post 2
Tract 9902 Block Group 3 That part of Block 701 inside the City of Cordele Blocks 710 through 715
Tract 9904 Blocks 303 through 312, 318 through 325, 334 through 341, 349 through 354, 360 through 368, 371 through 379, and 407 through 416
Commissioner District 2 - Post 1
Tract 9901 Block Group 2 Blocks 401, 409 through 417, 422 through 431, 439 through 451, and 454 through 463 Block Group 5
Tract 9902 Blocks 401 through 406, 419 through 440, 442 through 445 That portion of Block 450 outside the City of Cordele and lying east of an unnamed creek Blocks 451 through 454 Block 501 Blocks 601 through 608 That portion of Block 701 outside the City of Cordele Blocks 702 through 705, 716 through 720, 722, and 741
4353
4354 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Tract 9903 Blocks 203 through 207, 211 through 213, 215, and 218 through 229 Block Groups 3 and 4
Tract 9904 Block Groups 1 and 2 Blocks 301, 302, 313 through 317, 326 through 333, 342 through 348, 355 through 359, 369, 370, and 380 through 383 Blocks 401 through 406 and 417 through 424 Blocks 501 through 505 Blocks 601 through 603
Commissioner District 2 - Post 2
Tract 9902 Blocks 407 through 418, 446 through 449 That portion of Block 450 outside the City of Cordele and lying west of an unnamed creek Block 455 Blocks 502 through 549 Blocks 609 through 658 Blocks 721 and 723 through 736
Commissioner District 2 - Post 3
Tract 9901 Block Group 1
Tract 9903 Block Group 1 Blocks 201, 202, 208 through 210, 214, 216, 217, and 230
Tract 9904 Blocks 506 through 545 and 604 through 644
(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 of the United States decennial census of 1980 for the State of Georgia.
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(2) Whenever the description of any commissioner post or district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps of the United States decennial census of 1980 for the State of Georgia.
(3) Any part of the county which is not included in any district and post described in this section shall be included within that district and post contiguous to such part which contains the least population according to the United States decennial census of 1980 for the State of Georgia."
Section 2. Said Act is further amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows:
"Section 2. In order for a person to offer for said county commissioner post or to be elected and qualified from any of said commissioner posts, said person must be a resident of said commissioner post, a qualified voter of Crisp County, and be a freeholder. Said commissioners are hereby appointed to perform all duties, take charge of all roads and revenues, and perform all of the other duties now incident to said office and shall remain in office until their successors shall have been elected and qualified. In case of the death of any county commissioner or his disability to serve, and the office is made vacant before the expiration of his term the vacancy shall be filled as in the case of the vacancy of any other county officer. All members of the board of commissioners shall be elected at the general election immediately preceding the expiration of their terms of office and all nominations and elections shall be held in accordance with the provisions of Chapter 2 of Title 21 of the O.C.G.A., the `Georgia Election Code.' Members shall take office on January 1 next following their election. The terms of said commissioners shall be for a period of six years, except that the terms of commissioners in office on January 1,1985, shall terminate as follows:
District 1 Post 1 - December 31,1988
District 1 Post 2 - December 31,1990
District 2 Post 1 - December 31,1990
District 2 Post 2 - December 31,1988
4356 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
District 2 Post 3 - December 31,1986."
Section 3. The county commissioner elected at the November, 1984, general election from Commissioner District 1 shall represent Post 1 of District 2 as described in Section 1 of this Act. The county commissioner who on December 31, 1984, represents Commissioner District 2 shall represent Post 2 of District 2 as described in Section 1 of this Act. The county commissioner who on December 31, 1984, represents Commissioner District 3 shall represent Post 3 of District 2 as described in Section 1 of this Act.
Section 4. Not later than 45 days after the November, 1984, general election, the election superintendent of Crisp County shall issue the call and shall hold a special nonpartisan election for the purpose of electing members of the Board of Commissioners of Crisp County to represent District 1 as provided in Section 1 of this Act. The special election shall be held pursuant to the provisions of Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code." Members elected at such special election shall take office on January 1,1985, and shall serve initial terms as provided in Section 2 of this Act. If a run-off election is required and the person elected in the runoff election can not take office until after January 1,1985, such person shall, for the purposes of Section 2 of this Act, be deemed to have taken office on January 1,1985.
Section 5. It shall be the duty of the election superintendent of Crisp County to issue the call for an election for the purpose of submitting this Act to the electors of Crisp County for approval or rejection. The superintendent shall set the date for such election for the same date as the November, 1984, general election. The superintendent shall issue the call at least 30 but not more than 60 days prior to the date thereof. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Crisp County. The ballot shall have written or printed thereon the words:
"( ) YES ( ) NO
Shall the Act changing the number of county commissioners for Crisp County and providing for commissioner districts and elections and other matters relative thereto be approved?"
GEORGIA LAWS 1984 SESSION
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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, 2, and 3 shall become effective January 1,1985, and Section 4 shall become effective immediately. If more than one-half of the votes cast on such question are for rejection of the Act, it shall be void and of no force and effect.
The expense of such election shall be borne by Crisp County. It shall be the duty of the superintendent to hold and conduct such election and to certify the results thereof to the Secretary of State.
Section 6. (a) Except as provided in subsection (b) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval, except that Sections 1,2,3, and 4 shall become effective as provided in Section 5.
(b) This Act shall be null and void and of no force or effect if the enforcement of the provisions of this Act would on October 1,1984, be prohibited under the federal Voting Rights Act of 1965.
Section 7. 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 Commissioners of Crisp County, for the election of five Commissioners from two districts, using Census data of 1980.
This the 1st day of February, 1984.
4358 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Guy D. Pfeiffer Attorney for Board of Commissioners, Crisp County
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Howard H. Rainey, who, on oath, deposes and says that he is Representative from the 135th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Cordele Dispatch which is the official organ of Crisp County, on the following date: February 3, 1984.
/s/ Howard H. Rainey Representative, 135th District
Sworn to and subscribed before me, this 13th day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 19,1984.
GEORGIA LAWS 1984 SESSION
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BOARD OF UTILITIES COMMISSIONERS FOR CATOOSA COUNTY -- JURISDICTION AND POWERS OVER SEWAGE COLLECTION.
No. 938 (House Bill No. 1639).
AN ACT
To amend an Act creating a board of utilities commissioners for Catoosa County, approved March 17,1956 (Ga. L. 1956, p. 3499), as amended by an Act approved February 8,1966 (Ga. L. 1966, p. 2003), an Act approved March 17, 1967 (Ga. L. 1967, p. 2251), an Act approved March 13, 1968 (Ga. L. 1968, p. 2281), an Act approved March 31,1976 (Ga. L. 1976, p. 3726), and an Act approved March 25, 1980 (Ga. L. 1980, p. 3935), so as to extend the jurisdiction and powers of the board of utilities commissioners of Catoosa County over sewage collection and treatment as fully and to the same extent as they now have jurisdiction over the sale and distribution of water in Catoosa County; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating a board of utilities commissioners for Catoosa County, approved March 17,1956 (Ga. L. 1956, p. 3499), as amended by an Act approved February 8,1966 (Ga. L. 1966, p. 2003), an Act approved March 17, 1967 (Ga. L. 1967, p. 2251), an Act approved March 13, 1968 (Ga. L. 1968, p. 2281), an Act approved March 31,1976 (Ga. L. 1976, p. 3726), and an Act approved March 25, 1980 (Ga. L. 1980, p. 3935), is amended by striking from Section 2 of said Act the unnumbered paragraph which reads as follows:
"The board shall have the power to sue and to be sued, to construct, to reconstruct, to improve, to better and extend the water system, wholly within or wholly without the boundaries of Catoosa County, or partially within and partially without said boundaries; to acquire by gift, purchase, devise, lease or the exercise of eminent domain, lands, easements, rights in land and water rights; to hold and dispose of real and personal property necessary or desirable in connection with its operation of the water facilities, and make and enter into such contracts and agreements as may be appropriate to
4360 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
the exercise of its power. The powers and duties of the board of utilities commissioners of Catoosa County shall extend the boundaries of Catoosa County as fully and in the same manner as the powers and duties heretofore vested in said board over the Catoosa County Water and Sewer District, as the same was defined by resolutions adopted by the Commissioner of Roads and Revenue on March 25, 1946, and on April 21,1946.",
and inserting in lieu thereof a new unnumbered paragraph to read as follows:
"The board shall have the power to sue and be sued, to construct, to reconstruct, to improve, to better and extend the water and sewer system wholly within or wholly without the boundaries of Catoosa County, or partially within and partially without said boundaries; to have complete control over sewer service including, but not by way of limitation, collection and treatment within unincorporated areas of Catoosa County, Georgia, as fully and to the same extent as the board now has control over water service within unincorporated areas of Catoosa County, Georgia; to acquire by gift, purchase, devise, lease, or the exercise of eminent domain lands, easements, rights in land, and water rights; to hold and dispose of real and personal property necessary or desirable in connection with its operation of the water and sewer facilities, and to make and enter into such contracts and agreements as may be appropriate to the exercise of its power. The powers and duties of the board of utilities commissioners of Catoosa County shall extend to the boundaries of Catoosa County as fully and in the same manner as the powers and duties heretofore vested in said board over the Catoosa County Water and Sewer District, as the same was defined by resolutions adopted by the Commissioner of Roads and Revenues on March 25,1946, and on April 21,1946."
Section 2. This Act shall become effective on the first day 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 1984 SESSION
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Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced into the 1984 regular session of the General Assembly of Georgia, an Act to amend an Act entitled "An Act creating the Board of Utilities Commissioners of Catoosa County, Georgia, approved March 17,1956", and all Acts amendatory thereto, to extend the boundary of the Catoosa County Water and Sewage District; to provide for the jurisdiction of the Board over sewer service to residents of the unincorporated areas of Catoosa County, Georgia, and other purposes.
This 17th day of January, 1984.
J. B. Buff Chairman
Affidavit.
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 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 one time, on the issue dated, towit: January 25,1984.
/s/ Jim Caldwell
4362 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 8th day of February, 1984.
/s/ Juanita Caldwell Notary Public, Georgia State at Large. My Commission Expires April 22, 1985. (Seal).
Approved March 19,1984.
MAGISTRATE COURT OF WARREN COUNTY -- APPOINTMENT AND COMPENSATION OF CHIEF
MAGISTRATE -- CLERK.
No. 939 (House Bill No. 1646). AN ACT
To make provisions for the Magistrate Court of Warren County; to provide for the appointment and compensation of the chief magistrate; to provide for the appointment and compensation of the clerk of court; to provide for related matters; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia: Section 1. The chief magistrate of the Magistrate Court of Warren County to succeed the chief magistrate in office on the effective date of this Act and all future chief magistrates shall be appointed by the county governing authority of Warren County. Section 2. The compensation of the chief magistrate shall be fixed by the governing authority of Warren County and shall be paid in equal monthly installments from funds of Warren County.
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Section 3. The governing authority of Warren County may provide for the appointment of a clerk of magistrate court by the chief magistrate. If the governing authority does not provide for the appointment of a clerk of the magistrate court, then the chief magistrate shall also serve as clerk of the court. The compensation of the clerk of the magistrate court or of the chief magistrate for serving as clerk shall be fixed by the governing authority of Warren County.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1984 session of the General Assembly of Georgia a bill to make provisions for the Magistrate Court of Warren County; to provide for the appointment and compensation of the magistrates; to provide for employees of the court and their compensation; to provide for all related matters; and for other purposes.
This 3rd day of February, 1984.
Ben Barron 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: The Warrenton Clipper legal organ for Warren County, the following date, to-wit: February 10,1984.
4364 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to on the 11th day of February, 1984.
/s/ Alva L. Haywood Publisher
Sworn to and subscribed before me, on the 11th day of February, 1984.
/s/ Rhonda S. Phillips Notary Public. My Commission Expires January 26, 1985. (Seal).
Approved March 19,1984.
JUVENILE COURT OF COBB COUNTY -- COMPENSATION OF JUDGE. No. 940 (House Bill No. 1654). 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, particularly by an Act approved March 14,1983 (Ga. L. 1983, p. 3887), 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:
GEORGIA LAWS 1984 SESSION
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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, particularly by an Act approved March 14,1983 (Ga. L. 1983, p. 3887), 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 $42,071.00, 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."
Section 2. This Act shall become effective on the first day 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 1984 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 6th day of January, 1984.
4366 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Roy E. Barnes Haskew Brantley Joe L. Thompson Carl Harrison Joe Mack Wilson A. L. Burruss 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 date: January 6,1984.
/s/ Johnny Isakson Representative, 21st District
Sworn to and subscribed before me, this 14th day of February, 1984.
/s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 28, 1984. (Seal).
Approved March 19,1984.
GEORGIA LAWS 1984 SESSION
4367
UPSON COUNTY -- APPOINTMENT OF SCHOOL SUPERINTENDENT BY BOARD OF EDUCATION --
REFERENDUM.
No. 941 (House Bill No. 1662).
AN ACT
To provide for the appointment of the Upson County Superintendent of Schools by the board of education of Upson County; to provide for a referendum and other conditions for the effectiveness of this Act; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. The Upson County Superintendent of Schools serving at the time this Act becomes effective shall continue to serve out the term of office to which he was elected, which shall expire December 31,1988. At the expiration of such term of office of the Upson County Superintendent of Schools or in the event a vacancy shall occur in said office prior to the expiration of such term of office, the board of education of Upson County shall thereafter appoint the Upson County Superintendent of Schools. Such appointed superintendent 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 not to exceed four years.
Section 2. After the date of the approval of this Act by the Governor or after it otherwise becomes law and 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 Upson County shall issue the call for an election for the purpose of submitting this Act to the electors of the Upson County School District for approval or rejection. The election superintendent shall set the date of such election for the same day as the general election of 1984 and shall issue the call for the election at least 29 days but not more than 45 days prior to that date. 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 Upson County. The ballot shall have written or printed thereon the words:
4368 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
"( ) YES ( ) NO
Shall the Act providing for the appointment of the Upson County Superintendent of Schools by the board of education of Upson 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, 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 Upson 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 hereby given that there will be introduced at the 1984 Session of the General Assembly of Georgia a bill to provide that at the expiration of the term of office of the present Upson County School Superintendent, the Board of Education of Upson County shall appoint the school superintendent for a term of up to four years; to provide the procedure connected therewith; to provide for a referendum; to repeal conflicting laws; and for other purposes.
This 27th day of January, 1984.
Board of Education of Upson County
GEORGIA LAWS 1984 SESSION Georgia, Fulton County.
4369
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Marvin Adams, who, on oath, deposes and says that he is Representative from the 79th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Thomaston Times which is the official organ of Upson County, on the following date: February 1,1984.
/s/ Marvin Adams Representative, 79th District
Sworn to and subscribed before me, this 14th day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 19,1984.
WARE COUNTY -- OFFICE OF TREASURER ABOLISHED.
No. 942 (House Bill No. 1666). AN ACT
To abolish the office of treasurer of Ware County; to provide for the county depositories; to transfer the duties, powers, responsibili-
4370 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ties, and functions of the treasurer to the clerk of the county commission of Ware 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 Ware County prior to that date, the office of treasurer of Ware County shall stand abolished.
Section 2. The governing authority of Ware County annually shall appoint a depository or depositories of all funds of Ware County. All county funds which were paid to the treasurer shall be paid to the clerk of the county commission of Ware County and shall be deposited in the county depository or depositories.
Section 3. The clerk of the county commission of Ware County shall exercise all the duties, responsibilities, powers, and functions relative to the office of treasurer and heretofore exercised by the treasurer. The clerk of the county commission shall hold no other elective or appointive office.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
Notice.
Notice is hereby given that there will be introduced at the 1984 Session of the Georgia General Assembly a bill to abolish the office of Treasurer for Ware County.
Thomas E. Gray Chairman
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Harry D. Dixon, who, on oath,
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deposes and says that he is Representative from the 151st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Waycross Journal Herald which is the official organ of Ware County, on the following date: February 11, 1984.
/s/ Harry D. Dixon Representative, 151st District
Sworn to and subscribed before me, this 15th day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 19,1984.
TAX COMMISSIONER OF CATOOSA COUNTY -- COMPENSATION AND AMOUNT PAYABLE FOR
HELP.
No. 943 (House Bill No. 1672).
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 March 14, 1983 (Ga. L. 1983, p. 3794), so as to change the compensation of the tax commissioner; to increase the amount payable for help in that office; to
4372 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
provide 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 March 14, 1983 (Ga. L. 1983, p. 3794), is amended by striking Section 5 in its entirety and inserting in lieu thereof 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 performed by him as receiver and collector of school district and school bond taxes, and of county taxes for the first 90 percent of the ad valorem net digest, shall be a fixed salary of $6,000.00 per annum, to be paid in equal semimonthly installments; and the sum of $40,800.00 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 and for certain motor vehicle title transactions pursuant to Chapters 2 and 3 of Title 40 of the O.C.G.A. Said tax commissioner shall also be entitled to the commission now allowed tax collectors on intangible taxes pursuant to Code Section 48-6-73 of the O.C.G.A. All commissions due to said tax commissioner for school taxes, school bond taxes, and any and all other taxes not hereinabove specifically mentioned shall be paid into the county treasury. All allowances and salaries paid under this Act shall be paid directly by the county treasurer to the person or persons performing such clerical help, and no person performing such clerical help for the tax commissioner shall be related to said commissioner closer than the fifth degree of consanguinity or affinity. In no event shall the clerical allowance provided in this section be used to pay bonuses to employees. In the event the maximum allowance for clerical help is not needed for such purpose, then the unused portion thereof shall remain as part of the general funds of the county."
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Section 2. This Act shall become effective on the first day 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 Commissioner of Catoosa County, Georgia, and for other purposes, at the January, 1984 session of the General Assembly of the State of Georgia.
This the 16th day of January, 1984.
Charles Proctor, Sr. Tax Commissioner, Catoosa County Ringgold, Ga.
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robert G. Peters, who, on oath, deposes and says that he is Representative from the 2nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Catoosa County News which is the official organ of Catoosa County, on the following date: January 18, 1984.
/s/ Robert G. Peters Representative, 2nd District
4374 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 20th day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 19,1984.
FLOYD COUNTY -- SALARIES OF MEMBERS OF BOARD OF COMMISSIONERS.
No. 944 (House Bill No. 1674).
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, particularly by an Act approved February 27, 1981 (Ga. L. 1981, p. 3023), so as to change provisions relating to salaries of members of the board; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the Board of Commissioners of Floyd County, approved July 28, 1917 (Ga. L. 1917, p. 351), as amended, particularly by an Act approved February 27, 1981 (Ga. L. 1981, p. 3023), is amended by striking in its entirety Section 5A and inserting in its place a new Section 5A to read as follows:
"Section 5A. (a) Each member of the Board of Commissioners of Floyd County shall be entitled to a salary of $400.00 per month. In addition thereto the chairman of the board shall receive an expense
GEORGIA LAWS 1984 SESSION
4375
allowance of $250.00 per month, the vice-chairman of the board shall receive an expense allowance of $225.00 per month, and each of the other three members of the board shall receive an expense allowance of $200.00 per month. No member of the board shall be entitled to receive any other sum or sums whatever other than those specified in this section unless it is necessary for the board or a committee of the board to go out of the county on official business for the county, and then they shall be paid their actual expenses after having rendered sworn itemized statements for the expenses incurred on such trip. Salary and expenses authorized by this section shall be paid from the funds of Floyd County.
(b) Notwithstanding subsection (a) of this section, effective January 1, 1986, each member of the board shall be entitled to a salary of $500.00 per month. Effective January 1,1987, each member of the board shall be entitled to a salary of $600.00 per month."
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 Intent to Introduce Local Legislation.
Notice is herewith given that we intend to introduce local legislation effecting the compensation paid to the Commissioners of Floyd County. This legislation will be effective January 1,1985.
Feb. 13,1984.
Tom Caldwell Representative
E. M. Childers Representative
Forrest McKelvey Representative
4376 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Ed Hine Senator
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, E. M. Childers, who, on oath, deposes and says that he is Representative from the 15th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Rome News-Tribune which is the official organ of Floyd County, on the following date: February 13,1984.
/s/ E. M. Childers Representative, 15th District
Sworn to and subscribed before me, this 20th day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 19,1984.
GEORGIA LAWS 1984 SESSION
4377
PEACH COUNTY GOVERNING AUTHORITY AUTHORIZED TO REGULATE RATES OF PRIVATELY
OWNED WATER AND SEWER COMPANIES.
No. 945 (House Bill No. 1675).
AN ACT
To amend an Act creating a board of commissioners for Peach County, approved March 10,1964 (Ga. L. 1964, p. 2627), as amended, particularly by an Act approved March 21, 1968 (Ga. L. 1968, p. 2473), an Act approved April 5,1971 (Ga. L. 1971, p. 2979), and an Act approved April 5,1971 (Ga. L. 1971, p. 3012), so as to authorize the governing authority to regulate rate of charge for water and sewer services provided by any privately owned water and sewer company operating or conducting business within Peach 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 Peach County, approved March 10,1964 (Ga. L. 1964, p. 2627), as amended, particularly by an Act approved March 21, 1968 (Ga. L. 1968, p. 2473), an Act approved April 5,1971 (Ga. L. 1971, p. 2979), and an Act approved April 5, 1971 (Ga. L. 1971, p. 3012), is amended by adding a new section immediately following Section 6, to be designated Section 6A, to read as follows:
"Section 6A. The governing authority of Peach County is authorized to regulate the rate of charge for water and sewer services provided by any privately owned water and sewer company operating or conducting business within Peach County."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
4378 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 1984 session of the General Assembly of Georgia a bill to amend an Act creating a board of commissioners for Peach County, approved March 10, 1964 (Ga. L. 1964, p. 2627), as amended; and for other purposes.
This 14 day of Feb., 1984.
Robert Ray Representative, 98th District
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 date: February 16,1984.
/s/ Robert Ray Representative, 98th District
Sworn to and subscribed before me, this 20th day of February, 1984.
/s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 28, 1984. (Seal).
Approved March 19,1984.
GEORGIA LAWS 1984 SESSION
4379
MAGISTRATE COURT OF MONTGOMERY COUNTY -- PROBATE JUDGE DESIGNATED CHIEF MAGISTRATE -- COMPENSATION, ETC.
No. 946 (House Bill No. 1268).
AN ACT
To make provisions for the Magistrate Court of Montgomery County; to provide that the probate judge of Montgomery County shall serve as chief magistrate of Montgomery County; to provide for compensation; 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 probate judge of Montgomery County shall serve as chief magistrate of Montgomery County. The minimum compensation of the person serving as probate judge and chief magistrate of Montgomery County shall be the compensation he is authorized by law to receive as probate judge. The governing authority of Montgomery County may supplement such compensation in such amount as it may fix from time to time, but no such supplement shall be decreased during a term of office. All fees and costs of whatever kind collected by the probate judge in his capacity as chief magistrate and by other officers and employees of the magistrate court shall be funds of the county and not of the judge or other officer or employee; and such funds shall be paid into the county treasury as required by Code Section 15-10-85 of the O.C.G.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.
4380 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 1984 session of the General Assembly of Georgia a bill to provide for the personnel and operation of the Magistrate Court of Montgomery County; to provide for related matters; and for other purposes.
This 10 day of January, 1984.
Julian J. Warnock
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 Legislation was published in the Montgomery Monitor which is the official organ of Montgomery County, on the following date: January 11, 1984.
/s/ L. L. Phillips Representative, 120th District
Sworn to and subscribed before me, this 16th day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 19,1984.
GEORGIA LAWS 1984 SESSION
4381
TAX COMMISSIONER OF WHITE COUNTY -- MANNER OF COMPENSATING CHANGED.
No. 947 (House Bill No. 1482).
AN ACT
To amend an Act abolishing the offices of tax collector and tax receiver of White County and creating the office of tax commissioner of said county, approved February 23, 1945 (Ga. L. 1945, p. 720), as amended by an Act approved February 25,1949 (Ga. L. 1949, p. 1163) and an Act approved March 23,1977 (Ga. L. 1977, p. 3685), so as to provide an annual salary for the tax commissioner of White County in lieu of all fees; to provide that all fees, costs, commissions, and other perquisites collected by the tax commissioner shall become property of the county; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act abolishing the offices of tax collector and tax receiver of White County and creating the office of tax commissioner of said county, approved February 23, 1945 (Ga. L. 1945, p. 720), as amended by an Act approved February 25,1949 (Ga. L. 1949, p. 1163) and an Act approved March 23, 1977 (Ga. L. 1977, p. 3685), 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 of White 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 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."
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Section 2. Said Act is further amended by striking subsections (a) and (b) of Section 5 in their entirety and inserting in lieu thereof new subsections (a) and (b) to read as follows:
"(a) The tax commissioner of White County shall receive an annual salary of $17,393.00, payable in equal monthly installments or payable twice monthly in equal installments, at the discretion of the governing authority of White County, from county funds. The annual salary of the tax commissioner shall be increased by 5 percent for each four-year term of office served by such tax commissioner, figured at the end of each such period of service.
(b) In addition to the annual salary provided in subsection (a) of this section, the tax commissioner shall receive $2,407.00 per annum for his services as deputy registrar and shall receiver $2,000.00 per annum for his service as ex officio sheriff. Such amounts shall be paid from county funds at the same time and in the same manner as the annual salary provided in subsection (a) of this section."
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.
Intent to Introduce Local Legislation to set salaries for White County Offices: The Clerk of Court, White County, the Tax Commissioner, White County, to go in effect January, 1985.
Approved unanimously by the White County Board of Commissioners on January 17,1984.
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William J. Dover, who, on oath, deposes and says that he is Representative from the 11th District, and
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that the attached copy of Notice of Intention to Introduce Local Legislation was published in the White County News which is the official organ of White County, on the following date: January 26, 1984.
/s/ William J. Dover Representative, 11th District
Sworn to and subscribed before me, this 3rd day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 19,1984.
MITCHELL COUNTY BOARD OF EDUCATION -- COMPENSATION OF CHAIRMAN AND MEMBERS.
No. 948 (House Bill No. 1095).
AN ACT
To provide for the compensation of the chairman and members of the Board of Education of Mitchell County; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
4384 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 1. The chairman of the Board of Education of Mitchell County shall be compensated in the amount of $125.00 per month and each of the other members of the Board of Education of Mitchell County shall be compensated in the amount of $100.00 per month. No member of the board shall receive the per diem provided by Code Section 20-2-55 of the Official Code of Georgia Annotated for attendance at meetings of the board.
Section 2. This Act shall become effective June 1,1984.
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 1984 Session of the General Assembly of Georgia a bill to provide for the compensation of the chairmen and members of the Board of Education of Mitchell County, Georgia; and for other purposes.
This 5th day of January, 1984.
A. Richard Royal Representative, 144th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, A. Richard Royal, who, on oath, deposes and says that he is Representative from the 144th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Camilla Enterprise which is the official organ of Mitchell County, on the following date: January 6, 1984.
GEORGIA LAWS 1984 SESSION
/s/ A. Richard Royal Representative, 144th District
Sworn to and subscribed before me, this 12th day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 19,1984.
4385
COBB COUNTY PROBATE COURT -- ADDITIONAL DEPUTY CLERK.
No. 988 (House Bill No. 1596).
AN ACT
To amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the probate judge of Cobb County to the salary system, approved February 9,1949 (Ga. L. 1949, p. 427), as amended, particularly by an Act approved March 16, 1983 (Ga. L. 1983, p. 4122), so as to provide for an additional deputy clerk of the Probate Court of Cobb County; 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 probate judge of Cobb County to the salary system, approved February 9,1949 (Ga. L. 1949, p. 427), as
4386 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
amended, particularly by an Act approved March 16, 1983 (Ga. L. 1983, p. 4122), is amended by striking the third sentence of Section 3 and inserting in its place a new sentence to read as follows:
"The judge of the probate court shall be authorized to employ three deputy clerks who shall each receive an annual salary to be determined by the governing authority of Cobb County."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1984 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 6th day of January, 1984.
Roy E. Barnes Haskew Brantley Joe L. Thompson Carl Harrison Joe Mack Wilson A. L. Burruss Steve Thompson Terry Lawler Fred Aiken Johnny Isakson Bill Atkins Frank Johnson Tom Wilder
GEORGIA LAWS 1984 SESSION Georgia, Fulton County.
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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 date: January 6,1984.
/s/ Steve Thompson Representative, 20th District
Sworn to and subscribed before me, this 9th day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 21,1984.
STATE COURT OF COBB COUNTY -- COMPENSATION OF JUDGE. No. 989 (House Bill No. 1595). 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-
4388 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
larly by an Act approved March 18,1983 (Ga. L. 1983, p. 4223), so as to change the compensation of the judge of the state court; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the State Court of Cobb County, approved March 26,1964 (Ga. L. 1964, p. 3211), as amended, particularly by an Act approved March 18, 1983 (Ga. L. 1983, p. 4223), is amended by striking from Section 23 the following:
"The salary of the judges of the State Court of Cobb County shall be $44,315.00 per annum.",
and inserting in lieu thereof the following:
"The salary of the judges of the State Court of Cobb County shall be $47,862.00 per annum."
Section 2. This Act shall become effective on the first day 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 1984 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 6th day of January, 1984.
GEORGIA LAWS 1984 SESSION
Roy E. Barnes Haskew Brantley Joe L. Thompson Carl Harrison Joe Mack Wilson A. L. Burruss Steve Thompson Terry Lawler Fred Aiken Johnny Isakson Bill Atkins Frank Johnson Tom Wilder
4389
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 date: January 6,1984.
/s/ Steve Thompson Representative, 20th District
Sworn to and subscribed before me, this 9th day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 21,1984.
4390 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CITY OF PALMETTO -- TERM OF OFFICE OF MAYOR AND COUNCILMEN -- REFERENDUM.
No. 990 (House Bill No. 1594).
AN ACT
To amend an Act establishing the charter of the City of Palmetto, approved March 2,1966 (Ga. L. 1966, p. 2771), as amended, so as to change the term of office of the mayor and councilmen; 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 establishing the charter of the City of Palmetto, approved March 2,1966 (Ga. L. 1966, p. 2771), as amended, is amended by striking Section 5.1 in its entirety and inserting in lieu thereof a new Section 5.1 to read as follows:
"Section 5.1. Mayor; qualifications, term of office. To be eligible for the office of mayor, a person must meet the requirements of a qualified elector for members of the General Assembly as prescribed by state law, must have been a bona fide resident of the City of Palmetto for one year next preceding the election for which he offers as a candidate, and must have no debts outstanding against him in favor of the city. The term of office as mayor shall be four years. The first said election shall be held in 1985 and quadrennially thereafter. If at any time after his election a mayor or mayor-elect shall be convicted by a court of competent jurisdiction of a crime involving moral turpitude, the office shall be declared by the council to be vacant and shall be filled in the manner herein prescribed for filling vacancies occurring in the office of mayor or councilman."
Section 2. Said Act is further amended by striking Section 6.1 in its entirety and inserting in lieu thereof a new Section 6.1 to read as follows:
"Section 6.1. Councilmen; qualifications, terms of office. The qualifications for the office of councilman shall be the same as those prescribed for the office of mayor. The term of office of councilman
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shall be four years; provided, however, that in the first election held under this provision there shall be elected three councilmen to succeed the councilmen whose terms expire December 31,1984, for a term of three years to expire December 31, 1987. All subsequent terms of said three councilmen shall be four years in length. In the election to be held in 1985, there shall be elected three councilmen to succeed the three councilmen whose terms expire December 31,1985, said terms to be four-year terms, in order that the terms will be staggered."
Section 3. Not later than July 1,1984, the election superintendent of the City of Palmetto shall call and conduct a referendum for the purpose of submitting this Act to the electors of the City of Palmetto for approval or rejection on the date of and in conjunction with the August, 1984 general primary. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Fulton County. The ballot shall have written or printed thereon the words:
"( ) YES ( ) NO
Shall the charter of the City of Palmetto be amended so as to provide for four-year terms for councilmen and the mayor of the City of Palmetto and to provide for interim three-year terms for some councilmen so as to stagger the terms?"
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.
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.
4392 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Notice of Intent to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1984 session of the General Assembly of Georgia, a local act to amend the Charter of the City of Palmetto to provide for new terms of office for the Mayor and Council, said terms to be staggered; to provide an effective date; to repeal conflicting laws; and for other purposes.
Kirby A. Glaze City Attorney, City of Palmetto
Publisher's Affidavit.
Georgia, Fulton County.
Before me, the undersigned, a Notary Public, this day personally came Frances K. Beck, who, being first duly sworn, according to law, says that she is the 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 27th day of January, 1984. As provided by law.
/s/ Frances K. Beck
Subscribed and sworn to before me, this 6th day of February, 1984.
/s/ April M. Elmore Notary Public, Georgia State at Large. My Commission Expires Feb. 17, 1986. (Seal).
Approved March 21,1984.
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CHARLTON COUNTY -- BOARD OF COMMISSIONERS AUTHORIZED TO FIX THEIR COMPENSATION -- LIMITATION.
No. 991 (House Bill No. 1592).
AN ACT
To amend an Act creating the board of commissioners for Charlton County, approved August 4, 1927 (Ga. L. 1927, p. 529), as amended, particularly by an Act approved March 6, 1956 (Ga. L. 1956, p. 2786), so as to authorize the members of the board to fix their compensation up to a maximum limit; 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 for Charlton County, approved August 4, 1927 (Ga. L. 1927, p. 529), as amended, particularly by an Act approved March 6, 1956 (Ga. L. 1956, p. 2786), is amended by striking Section 8 in its entirety and substituting in lieu thereof a new Section 8 to read as follows:
"Section 8. The board shall be authorized to fix the compensation of each commissioner in an amount not to exceed $3,000.00 per annum, payable in equal monthly installments out of the funds of Charlton County."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
4394 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 1984 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 Charlton County; to provide for matters relative thereto; and for other purposes.
This 25th day of January, 1984.
Thomas and Settle Attorneys for Charlton County By: W. Vincent Settle, III
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 Charlton County Herald which is the official organ of Charlton County, on the following date: February 1, 1984.
/s/ Tom Crosby, Jr. Representative, 150th District
GEORGIA LAWS 1984 SESSION
Sworn to and subscribed before me, this 8th day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 21,1984.
4395
ACT CREATING BOARD OF COMMISSIONERS OF WARE COUNTY AMENDED.
No. 992 (House Bill No. 1591).
AN ACT
To amend an Act creating a board of commissioners of Ware County, approved March 15,1963 (Ga. L. 1963, p. 2237), as amended, so as to change the duties of the chairman; to authorize the use of a county owned vehicle by the chairman subject to the approval of the board; to provide that the board shall keep the office open during regular office hours; to provide that all invoices shall bear the initials of at least two commissioners prior to payment; to provide that all commissioners, including the chairman, shall be required to vote on all matters unless an individual commissioner shall have a conflict of interest; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating a board of commissioners of Ware County, approved March 15,1963 (Ga. L. 1963, p. 2237), as amended, is amended by striking Section 9 in its entirety and substituting in lieu thereof a new Section 9 to read as follows:
4396 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
"Section 9. The chairman of the board of commissioners shall be compensated in the sum of $4,200.00 per year. The other commissioners shall be compensated in the sum of $3,000.00 per year."
Section 2. Said Act is further amended by striking Section 11 in its entirety and substituting in lieu thereof a new Section 11 to read as follows:
"Section 11. (a) The chairman shall preside at all meetings of the board and shall perform such other duties as the board shall prescribe by resolution.
(b) The chairman shall be authorized the use of a county owned vehicle subject to the approval of a majority of the members of the board."
Section 3. Said Act is further amended by striking Section 13 in its entirety and substituting in lieu thereof a new Section 13 to read as follows:
"Section 13. The board shall keep the office of the board of commissioners open during regular office hours to suit the convenience of the public during each day or 40 hours per week, the Sabbath and legal holidays excepted, for the transaction of public business in connection with its duties."
Section 4. Said Act is further amended by striking Section 16 in its entirety and substituting in lieu thereof a new Section 16 to read as follows:
"Section 16. (a) At the regular monthly meetings provided for, the commissioners shall examine all requisitions, bills, claims, and demands which have been filed with them and which have not already been submitted, together with all contracts of proposals contemplated or about to be entered into by said commissioners on behalf of said county. All invoices shall bear the initials of at least two commissioners prior to payment by the county.
(b) All commissioners, including the chairman, shall be required to vote on all matters coming before the board except matters on which an individual commissioner shall have a conflict of interest, and the clerk shall record the vote of each commissioner. In the event a commissioner shall have a conflict of interest, he shall so state and shall not be required to vote."
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Section 5. All laws and parts of laws in conflict with this Act are repealed.
Notice of Intention to Introduce Legal Legislation.
Notice is hereby given that there will be introduced at the regular 1984 session of the General Assembly of Georgia a Bill to provide for a change in the election of, payment of and duties of the chairman of Ware County Commission, and for related matters thereto and for other purposes.
Tom Crosby 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 Waycross Journal-Herald which is the official organ of Ware County, on the following date: January 14, 1984.
/s/ Tom Crosby, Jr. Representative, 150th District
4398 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 8th day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 21,1984.
MAGISTRATE COURT OF MORGAN COUNTY -- APPOINTMENT OF CONSTABLES -- LAW LIBRARY FEES.
No. 993 (House Bill No. 1585).
AN ACT
To provide for changes in the Magistrate Court of Morgan County, so as to authorize the chief magistrate to appoint constables; to provide for law library fees in that court; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. The chief magistrate of the Magistrate Court of Morgan County shall appoint constables for that court to serve at the pleasure of the chief magistrate.
Section 2. Upon the filing of any civil action in the Magistrate Court of Morgan County, the plaintiff shall pay to the clerk of that court, in addition to all other fees, expenses, and deposits required by law, the sum of $1.00, which sum shall be remitted to the treasurer of the board of trustees of the county law library of Morgan County in the manner and for the purposes as provided in Chapter 15 of Title 36 of the O.C.G.A.
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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 1984 session of the General Assembly of Georgia a bill to provide for changes in the Magistrate Court of Morgan County so as to authorize the chief magistrate to appoint constables and to provide for law library fees; and for other purposes.
This 31st day of January, 1984.
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 Madisonian which is the official organ of Morgan County, on the following date: February 2,1984.
/s/ E. Roy Lambert Representative, 66th District
4400 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 9th day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 21,1984.
BOARD OF COMMISSIONERS OF BURKE COUNTY -- COMPENSATION OF CHAIRMAN AND OTHER MEMBERS.
No. 994 (House Bill No. 1583).
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, particularly by an Act approved April 17,1973 (Ga. L. 1973, p. 3334), so as to change the compensation of the chairman and other members of the board; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the board of commissioners of Burke County, approved August 21,1911 (Ga. L. 1911, p. 390), as amended, particularly by an Act approved April 17,1973 (Ga. L. 1973, p. 3334), is amended by striking Section 4 which reads as follows: "Section 4. Each member of the Board of Commissioners of Burke County, including the Chairman, shall receive a salary of $100.00 per month, to be paid from funds of Burke County.",
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and inserting in its place a new section to read as follows:
"Section 4. The chairman of the board of commissioners of Burke County shall receive a salary of $4,800.00 per year. Each other member of the board shall receive a salary of $3,600.00 per year. Such salaries shall be paid in equal monthly installments from funds of Burke County."
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 of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1984 session of the General Assembly of Georgia, a bill to fix the compensation of the chairman and members of the Board of Commissioners of Burke County; and for other purposes.
This the first day of February, 1984.
Emory 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 True Citizen which is the official organ of Burke County, on the following date: February 1,1984.
4402 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
/s/ Emory E. Bargeron Representative, 108th District
Sworn to and subscribed before me, this 9th day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 21,1984.
SUPERIOR COURT OF FLOYD COUNTY -- COMPENSATION OF CLERK -- PERIODIC
INCREASES. No. 995 (House Bill No. 1574).
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) and an Act approved March 14,1983 (Ga. L. 1983, p. 3896), so as to provide for periodic increases in the salary of the clerk of superior court; 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
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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) and an Act approved March 14,1983 (Ga. L. 1983, p. 3896), is amended by striking in its entirety Section 2 and inserting in its place a new Section 2 to read as follows:
"Section 2. (a) 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.
(b) In addition to other compensation provisions of this Act, effective January 15, 1985, the clerk shall receive an increase of $2,555.00 to be added to the then current annual salary of the clerk. Effective January 15, 1986, the clerk shall receive an increase of $2,249.00 to be added to the then current annual salary of the clerk. Effective January 15, 1987, the clerk shall receive an increase of $1,518.00 to be added to the then current annual salary of the clerk."
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 1984 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 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) and an Act approved March 14,1983 (Ga. L. 1983, p. 3096), so as to change the salary of the Clerk of Superior Court; to change provisions relating to increases in salaries; and for other purposes.
This 20th day of January, 1984.
4404 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Thomas Caldwell Representative, 16th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom Caldwell, 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 date: January 31,1984.
/s/ Tom Caldwell Representative, 16th District
y Sworn to and subscribed before me, this 8th day of February 1984.
/s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 28, 1984. (Seal).
Approved March 21,1984.
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TAX COMMISSIONER OF FLOYD COUNTY -- PERIODIC INCREASES IN SALARY -- COMPENSATION OF CHIEF DEPUTY.
No. 996 (House Bill No. 1573).
AN ACT
To amend an Act abolishing the offices of tax receiver and tax collector of Floyd County and creating in their place the office of tax commissioner of Floyd County, approved February 17, 1950 (Ga. L. 1950, p. 2749), as amended, particularly by an Act approved April 11, 1979 (Ga. L. 1979, p. 4359) and an Act approved February 27, 1981 (Ga. L. 1981, p. 3027), so as to provide for periodic increases in the salary of the tax commissioner; to provide that the salary of the chief deputy tax commissioner shall be subject to approval by the county governing authority; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act abolishing the offices of tax receiver and tax collector of Floyd County and creating in their place the office of tax commissioner of Floyd County, approved February 17, 1950 (Ga. L. 1950, p. 2749), as amended, particularly by an Act approved April 11, 1979 (Ga. L. 1979, p. 4359) and an Act approved February 27, 1981 (Ga. L. 1981, p. 3027), is amended by striking in its entirety Section 7, which reads as follows:
"Section 7. The county tax commissioner of Floyd County shall be paid a salary of $22,000.00 per annum, payable in equal monthly installments from the funds of Floyd County. The county tax commissioner shall be entitled to experience increases in salary of $500.00 per annum for each 4 year term of office completed for a maximum of three terms. One of these experience increases in salary may be earned for prior service in any position in said office totaling four or more years. It is specifically provided that the salary provided herein for the tax commissioner shall be in lieu of all fees, commissions, costs, fines, emoluments and perquisites of whatever kind, including those commissions allowed by an Act relating to the commissions on taxes collected in excess of a certain percentage of the
4406 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
taxes due according to the net tax digest, approved January 17,1938 (Ga. Laws 1937-38, Ex. Sess., p. 297), as amended.
The base salary provided herein is the authorized minimum with the salary to be set by the Board of Commissioners of Floyd County at its discretion. The increases for experience are the authorized minimums with the actual amount for experience to be determined by the Board of Commissioners.",
and inserting in its place a new Section 7 to read as follows:
"Section 7. (a) The county tax commissioner of Floyd County shall be paid a salary of $22,000.00 per annum, payable in equal monthly installments from the funds of Floyd County. The county tax commissioner shall be entitled to experience increases in salary of $500.00 per annum for each 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. It is specifically provided that the salary provided herein for the tax commissioner shall be in lieu of all fees, commissions, costs, fines, emoluments, and perquisites of whatever kind, including those commissions allowed by an Act relating to the commissions on taxes collected in excess of a certain percentage of the taxes due according to the net tax digest, approved January 17,1938 (Ga. L. 1937-38, Ex. Sess., p. 297), as amended.
(b) The base salary provided herein is the authorized minimum with the salary to be set by the Board of Commissioners of Floyd County at its discretion. The increases for experience are the authorized minimums with the actual amount for experience to be determined by the board of commissioners.
(c) In addition to other compensation provisions of this Act, effective January 15, 1985, the tax commissioner shall receive an increase of $2,555.00 to be added to the then current annual salary of the tax commissioner. Effective January 15,1986, the tax commissioner shall receive an increase of $2,249.00 to be added to his then current annual salary. Effective January 15, 1987, the tax commissioner shall receive an increase of $1,518.00 to be added to his then current annual salary."
Section 2. Said Act is further amended by striking in its entirety subsection (a) of Section 9, which reads as follows:
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"(a) One chief deputy at a salary to be fixed at the discretion of the county tax commissioner but not to exceed 75% of the annual salary of the county tax commissioner. Said salary of the chief deputy shall be payable in equal monthly installments from the funds of Floyd County.",
and inserting in its place a new subsection (a) to read as follows:
"(a) One chief deputy at a salary to be fixed, subject to the approval of the county governing authority, at the discretion of the county tax commissioner but not to exceed 75 percent of the annual salary of the county tax commissioner. Said salary of the chief deputy shall be payable in equal monthly installments from the funds 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 hereby given that there will be introduced at the regular 1984 session of the General Assembly of Georgia a bill to amend an Act abolishing the office of tax receiver and tax collector of Floyd County, approved February 17, 1950 (Ga. L. 1950, p. 2749), as amended, particularly by an Act approved April 17,1979 (Ga. L. 1979, p. 4399) and an Act approved February 27,1981 (Ga. L. 1981, p. 3027), so as to change the salary of the tax commissioner; to change provisions relating to increases in such salary; to provide that the salary of the chief deputy tax commissioner shall be subject to approval by the county governing authority; and for other purposes.
This 20th day of January, 1984.
Thomas Caldwell Representative, 16th District
4408 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom Caldwell, 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 date: January 31,1984.
/s/ Tom Caldwell Representative, 16th District
Sworn to and subscribed before me, this 8th day of February, 1984.
/s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 28, 1984. (Seal).
Approved March 21,1984.
TOWN OF MORELAND, GEORGIA -- CORPORATE LIMITS CHANGED.
No. 997 (House Bill No. 1572). AN ACT
To amend an Act incorporating the Town of Moreland, Georgia, approved August 12,1911 (Ga. L. 1911, p. 1409), as amended, so as to
GEORGIA LAWS 1984 SESSION
4409
change the corporate limits; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act incorporating the Town of Moreland, Georgia, approved August 12, 1911 (Ga. L. 1911, p. 1409), as amended, is amended by designating the first sentence of Section 3 thereof as subsection (a) and inserting immediately thereafter a new subsection to read as follows:
"(b) In addition to any other property contained within the corporate limits of the Town of Moreland, the corporate limits thereof shall also include:
(1) All that tract or parcel of land lying and being situate in Land Lot 166 of the Second Land District of Coweta County, Georgia, and being more particularly described as follows:
BEGIN at Moreland's Southern incorporation limits on Railroad Street and run in a Southerly direction a distance of 300 feet along Railroad Street to the intersection of Harris and Railroad Streets; thence run in an Easterly direction along the south side of Harris Street a distance of 1,320 feet to the intersection of Harris Street and U.S. Highway 29; thence run in a Northerly direction along U.S. Highway 29 to the Southern incorporation limits on U.S. Highway 29; thence run in a Westerly direction along the Moreland incorporation limits on Carroll Street to include the southern portions of all lots on Carroll Street; and
(2) All that tract or parcel of land lying and being situate in Land Lot 166 of the Second Land District of Coweta County, Georgia and being more particularly described as follows:
STARTING at the intersection of Harris Street and Railroad Street and run in an Easterly direction a distance of 850 feet to the `Point of Beginning' on the south side of Harris Street; thence run in a Southerly direction a distance of 600 feet along the east side of Cemetery Street; thence run in a Westerly direction along the south side of Southview Street for a distance of 550 feet; thence run in a Northerly direction along the west side of Westview Street a distance of 600 feet;
4410 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
thence run in an Easterly direction along the south side of Harris Street a distance of 550 feet 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 1984 session of the General Assembly of Georgia a bill to amend an Act incorporating the Town of Moreland, Georgia, approved August 12, 1911 (Ga. L. 1911, p. 1409), as amended, so as to change the corporate limits; and for other purposes.
This 26th day of January, 1984.
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 Newnan Times-Herald which is the official organ of Coweta County, on the following date: February 2, 1984.
/s/ Claude A. Bray, Jr. Representative, 91st District
GEORGIA LAWS 1984 SESSION
Sworn to and subscribed before me, this 7th day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 21,1984.
4411
MAGISTRATE COURT OF CLAYTON COUNTY -- MANNER OF APPOINTMENT OF CHIEF MAGISTRATE, ETC.
No. 998 (House Bill No. 1561).
AN ACT
To provide legislative intent; to provide that the chief magistrate of the Magistrate Court of Clayton County shall be appointed by a majority vote of the judges of the Superior Courts of the Clayton Judicial Circuit; to provide for terms of office; to provide for filling vacancies; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. It is the intent of this Act to implement certain local prerogatives authorized by Chapter 10 of Title 15 of the O.C.G.A.
Section 2. (a) The chief magistrate of the Magistrate Court of Clayton County first selected to take office prior to January 1,1985, shall serve for a term of office which expires December 31, 1984. Successors to the chief magistrate of the Magistrate Court of Clayton County shall be appointed in November of 1984 and in November
4412 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
every four years thereafter by a majority vote of the judges of the Superior Courts of the Clayton Judicial Circuit. The chief magistrate shall serve for a term of office of four years which shall begin the first day of January following the expiration of the immediately preceding term.
(b) Vacancies in the office of the chief magistrate shall be filled for the unexpired term in the same manner as regular appointments. Any person appointed as chief magistrate of the Magistrate Court of Clayton County to fill an unexpired term shall serve until the expiration of the term of office to which appointed and until a successor is appointed and qualified. At the end of such unexpired term, the chief magistrate shall be appointed in accordance with the provisions of subsection (a) of this section.
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 1984 session of the General Assembly of Georgia a bill providing for the appointment of the chief magistrate of the Magistrate Court of Clayton County; and for other purposes.
This 3rd day of February, 1984.
Clayton County Legislative Delegation
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Frank I. Bailey, Jr., 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
GEORGIA LAWS 1984 SESSION
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official organ of Clayton County, on the following date: February 3, 1984.
/s/ Frank I. Bailey, Jr. Representative, 72nd District
Sworn to and subscribed before me, this 8th day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 21,1984.
BOARD OF EDUCATION OF CLAYTON COUNTY -- COMPENSATION OF CHAIRMAN AND OTHER MEMBERS.
No. 999 (House Bill No. 1560).
AN ACT
To amend an Act to change the composition of and the manner of selection of the members of the board of education of Clayton County, approved April 12, 1982 (Ga. L. 1982, p. 4431), so as to change the compensation of the chairman or president and other members of the board; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
4414 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 1. An Act to change the composition of and the manner of selection of the members of the board of education of Clayton County, approved April 12,1982 (Ga. L. 1982, p. 4431), is amended by striking Section 2 in its entirety and substituting in lieu thereof the following:
"Section 2. The chairman or president of the board of education of Clayton County shall receive $200.00 per month for attending meetings of the board, and each of the remaining members shall receive $150.00 per month for attending meetings of the board. Such compensation shall be paid from the funds of said 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 regular 1984 session of the General Assembly of Georgia a bill to amend an Act to change the composition of and manner of selection of the members of the board of education of Clayton County, approved April 12,1982 (Ga. L. 1982, p. 4431), so as to change the compensation of the chairman and other members of the board; and for other purposes.
This 31st day of January, 1984.
The Clayton County Legislative Delegation
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Frank I. Bailey, Jr., 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
GEORGIA LAWS 1984 SESSION
4415
Legislation was published in the Clayton News/Daily which is the official organ of Clayton County, on the following date: January 31, 1984.
/s/ Frank I. Bailey, Jr. Representative, 72nd District
Sworn to and subscribed before me, this 6th day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 21,1984.
BOARD OF COMMISSIONERS OF HENRY COUNTY -- COMMISSIONER DISTRICTS CHANGED.
No. 1000 (House Bill No. 1555).
AN ACT
To amend an Act providing a new board of commissioners of Henry County, approved March 28, 1974 (Ga. L. 1974, p. 3680), as amended, particularly by an Act approved March 26, 1982 (Ga. L. 1982, p. 3639) and an Act approved March 14, 1983 (Ga. L. 1983, p. 3958), so as to change the provisions relating to commissioner districts of the county; to provide an effective date; to repeal conflicting laws; and for other purposes.
4416 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Be it enacted by the General Assembly of Georgia:
Section 1. An Act providing a new board of commissioners of Henry County, approved March 28, 1974 (Ga. L. 1974, p. 3680), as amended, particularly by an Act approved March 26, 1982 (Ga. L. 1982, p. 3639) and an Act approved March 14,1983 (Ga. L. 1983, p. 3958), is amended by striking Section 2 and inserting in lieu thereof a new Section 2 to read as follows:
"Section 2. The board of commissioners of Henry County shall be composed of five members. The members of the board shall be elected by electors of Henry County as hereinafter provided. For the purpose of electing the members of the board, Henry County shall be divided into five commissioner districts as follows:
`Commissioner District No. 1 shall consist of the following described area of Henry County:
Beginning at the intersection of the Spalding County line and Indian Creek Road and running thence east along Indian Creek Road to the intersection of Lester Mill Road; thence east along Lester Mill Road to Bethlehem Bottoms Church Road; thence east along Bethlehem Bottoms Church Road to the intersection of 1-75; running thence Northwest along 1-75 to the intersection of State Highway 20 and State Highway 81; thence Northeast along said highways 20 and 81 to the intersection of Camp Creek continuing in a northeasterly direction along Camp Creek to the intersection of Jonesboro Road; running thence Southeast along Jonesboro Road to the intersection of Jonesboro Road and the Southern Railway tracks; continuing in a Southerly direction along the Southern Railway tracks to the intersection of State Highway 20 and 81; thence Northeasterly along State Route 20 and 81 a distance of 185 feet; thence Southeast parallel and concentric to the centerline of Southern Railway and intersection of the south Land Lot Line of Land Lot 133 of the 7th District; thence East along the south line of Land Lots 133, 134,135, and 136 of the 7th District to a point where the south line of Land Lot 136 intersects with State Highway 81; running thence East along State Highway 81 to the intersection of State Highway 81 and Mt. Bethel Road; thence in a southeasterly direction along Mt. Bethel Road to the intersection of Sandy Ridge Road; thence South along Sandy Ridge Road to the intersection of Keys Ferry Road; thence East along Keys Ferry Road to the Newton County line; running
GEORGIA LAWS 1984 SESSION
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thence South, Southwest, West, Northwest and North along the county lines dividing Henry County from Newton County, Butts County, and Spalding County, to the point of beginning.
Commissioner District No. 2 shall consist of the following described area of Henry County:
BEGINNING at the intersection of the Spalding County line and Indian Creek Road and running thence east along Indian Creek Road to the intersection of Lester Mill Road; thence north along Lester Mill Road to Bethlehem Bottoms Church Road; thence east along Bethlehem Bottoms Church Road to the intersection of 1-75; running thence Northwest along Interstate Highway No. 75 to the intersection of State Highway 20 and State Highway 81; thence Northeast along said Highways 20 and 81 to the intersection of Camp Creek, continuing in a northeasterly direction along Camp Creek to where the same intersects with the Southern Railway tracks; continuing in a northwesterly direction along the tracks of Southern Railway to the intersection of Pates Creek; running thence Southwest along Pates Creek to the intersection of Interstate Highway No. 75; thence Northwest along Interstate Highway No. 1-75 to the intersection of Flippen Road; thence South along Flippen Road to Rum Creek; thence west along Rum Creek to Lake Spivey and the Clayton County line; running thence South and West along the line dividing the west side of Henry County and the east side of Clayton County to the common intersection of Henry County, Clayton County and Spalding County; thence along the line dividing the south side of Henry County and the north side of Spalding County in a east and south direction to the point of beginning.
Commissioner District No. 3 shall consist of the following described area of Henry County:
BEGINNING at the intersection of Jonesboro Road and Camp Creek and running thence northeast along Camp Creek to the intersection of the Southern Railway tracks; thence North along the Southern Railway tracks to the intersection of said tracks and Pates Creek; thence northeast along Pates Creek to the intersection of U. S. Highway 23 and State Highway 42; thence northwesterly along State Route 42 to the intersection with Highland Drive; thence northerly along Highland Drive to the intersection with Wake Drive; thence Easterly along Wake Drive to the
4418 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
intersection of Caroline Avenue; thence Northerly along Caroline Avenue to the intersection of Acacia Drive; thence West along Acacia Drive to the intersection of Highland Place; thence South along Highland Place to the intersection of Highland Boulevard; thence west along Highland Boulevard to the intersection of Highland Circle; thence north and west along Highland Circle to the intersection of Forest Road; thence north along Forest Road to the intersection of Miller Mill Road; thence West along Millers Mill Road to the intersection of State Route 138; running thence northeast along Highway 138 to the intersection of Hemphill Road; thence Northeast along Hemphill Road to the intersection of State Highway 155; thence North along State Highway 155 to the intersection of State Highway 138; thence Northeast along State Highway 138 to the Rockdale County Line; running thence Southeast and South along the line dividing the east side of Henry County and the west side of Rockdale County to the Newton County line; thence Southeast, East and Southwest along the line dividing the east side of Henry County and the west side of Newton County to the common corner of Henry, Newton and Butts County lines; thence South, Southwesterly along the line dividing the southeast side of Henry County and the northwest side of Butts County to the intersection of said line and Keys Ferry Road; thence west along Keys Ferry Road to the intersection of Sandy Ridge Road; thence North along Sandy Ridge Road to the intersection of Mt. Bethel Road; thence Northwesterly along Mt. Bethel Road to the intersection of State Route 81; thence West along State Highway 81 to the intersection of said highway and the North line of Land Lot 153 of the 7th District; thence West along the North line of Land Lots 153,154,155, and 156 of said 7th District; to a point of intersection of a concentric line of 185 feet northeasterly from centerline of Southern Railway; thence Northwesterly along the 185 foot concentric and parallel line of the railroad to the centerline of State Route 20 and 81; thence Southwesterly along State Route 81 and 20 to the intersection of Southern Railway; thence Northerly along Southern Railway to centerline of Jonesboro Road; thence Northwesterly along Jonesboro Road to the intersection of Camp Creek and point of beginning.
Commissioner District No. 4 shall consist of the following described area of Henry County:
GEORGIA LAWS 1984 SESSION
4419
BEGINNING at the intersection of the south line of DeKalb County and Lumbard Road; running south along Lumbard Road to Panola Road; thence southwest along Panola Road to Scarborough Road; thence south along Scarborough Road to Hearn Road; thence south along Hearn Road to Fairview Road; thence southwest along Fairview Road to Gardner Road; thence south along Gardner Road to Pattillo Drive; thence west along Pattillo Drive to Thurmond Road; thence south along Thurmond Road to the intersection of East Atlanta Road; thence South and Southeast along East Atlanta Road to the City Limits of Stockbridge, Georgia; running thence along the City Limits around the City of Stockbridge, Georgia, to the intersection of Rock Quarry Road; thence South along Rock Quarry Road to the intersection of Hudson Bridge Road; thence West along Hudson Bridge Road to the intersection of Interstate Highway No. 1-75; thence northwest along Interstate Highway No. 1-75 to the intersection of Flippen Road; thence South along Flippen Road to Rum Creek; thence West along Rum Creek to Lake Spivey and the Clayton County line; running thence North along the line dividing the West side of Henry County and the East side of Clayton County to the DeKalb County line; thence East along the line dividing the North side of Henry County and the South side of DeKalb County to the northwest corner of Land Lot 255 of the 12th District of Henry County and the point of beginning.
Commissioner District No. 5 shall consist of the following described area of Henry County:
BEGINNING at the intersection of Interstate Highway No. 75 and Pates Creek; thence Northeasterly along Pates Creek to the intersection of U. S. Highway 23 and Georgia Highway 42; thence Northwesterly along State Route 42 to the intersection with Highland Drive; thence Northerly along Highland Drive to the intersection with Wake Drive; thence Easterly along Wake Drive to the intersection of Caroline Avenue; thence Northerly along Caroline Avenue to the intersection of Acacia Drive; thence West along Acacia Drive to the intersection of Highland Place; thence South along Highland Place to the intersection of Highland Boulevard; thence West along Highland Boulevard to the intersection of Highland Circle; thence North and West along Highland Circle to the intersection of Forest Road; thence North along Forest Road to the intersection of Millers Mill Road; thence West along Millers Mill Road to the intersection of State Route 138;
4420 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
running thence Northeast along Highway 138 to the intersection of Hemphill Road; thence Northeast along Hemphill Road to the intersection of State Highway 155; thence North along State Highway 155 to the intersection of State Highway 138; thence Northeast along State Highway 138 to the Rockdale County Line; thence Northwest along the line dividing the East side of Henry County and the West side of Rockdale County to the DeKalb County line; thence West along the line dividing the North side of Henry County and the South side of DeKalb County to the northwest corner of Land Lot 255 of the 12th District of Henry County, Georgia; running south along Lumbard Road to Panola Road; thence southwest along Panola Road to Scarborough Road; thence south along Scarborough Road to Hearn Road; thence south along Hearn Road to Fairview Road; thence southwest along Fairview Road; thence southwest along Fairview Road to Gardner Road; thence south along Gardner Road to Pattillo Drive; thence west along Pattillo Drive to Thurmond Road; thence south along Thurmond Road to the intersection of East Atlanta Road; thence South and Southeast along East Atlanta Road to the City Limits of Stockbridge, Georgia; thence South, Southeast and Southwest around the East side of the City Limits of Stockbridge, Georgia, to the intersection of Rock Quarry Road; thence South along Rock Quarry Road to the intersection of Hudson Bridge Road; thence Southwest along Hudson Bridge Road to the intersection of Interstate Highway No. 75; thence southeast along Interstate Highway No. 75 to the intersection of Pates Creek and the point of beginning.' "
Section 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 1984 session of the General Assembly of Georgia a bill to amend an Act providing for a board of commissioners of Henry County, approved March 28,1974 (Ga. L. 1974, p. 3680), as amended; and for other purposes.
GEORGIA LAWS 1984 SESSION This 24th day of January, 1984.
4421
Wesley Dunn Representative, 73rd District
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 date: February 1,1984.
/s/ Wesley Dunn Representative, 73rd District
Sworn to and subscribed before me, this 8th day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 21,1984.
4422 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
MUNICIPAL COURT OF SAVANNAH ABOLISHED -- PROVISION MADE FOR MAGISTRATE COURT OF CHATHAM COUNTY.
No. 1001 (House Bill No. 1552).
AN ACT
To make provisions for the Magistrate Court of Chatham County; to abolish the Municipal Court of Savannah; to provide for the chief magistrate and other officers of the Magistrate Court of Chatham County and for their compensation and selection; to repeal specific Acts; to provide for all matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. The Municipal Court of Savannah is abolished; and the following laws are repealed in their entirety:
(1) An Act revising, altering, and consolidating all laws relating to the Municipal Court of Savannah, approved April 18, 1969 (Ga. L. 1969, p. 2857), as amended; and
(2) An Act establishing the Municipal Court of Savannah, approved August 13,1915 (Ga. L. 1915, p. 124), as amended, and the several Acts amendatory thereof.
Section 2. The chief magistrate of the Magistrate Court of Chatham County shall be elected as provided in subsection (d) of Code Section 15-10-20 of the O.C.G.A. The chief magistrate shall receive compensation as provided by Code Section 15-10-23 of the O.C.G.A.
Section 3. (a) Any judge of the Municipal Court of Savannah who has served in that capacity for not less than 35 years, who is serving in that capacity as of December 31,1984, and who has reached the age of 65 years, shall on January 1,1985, become judge emeritus of that court.
GEORGIA LAWS 1984 SESSION
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(b) The judge emeritus shall be ex officio a judge of the Magistrate Court of Chatham County and shall serve as a magistrate of Chatham County until such time as he submits his resignation from the office of magistrate to the chief magistrate. As long as such judge emeritus continues to serve as a magistrate, no other magistrate shall be appointed. The primary responsibility of the judge emeritus as a magistrate shall be with respect to criminal matters in the magistrate court.
(c) So long as he serves as magistrate, said judge emeritus shall receive a salary for his services as magistrate in the amount of $100.00 for each day's service as magistrate up to a maximum of $18,000.00 per annum; provided, however, that such per diem compensation as magistrate and the retirement benefit paid to such judge emeritus by Chatham County shall not, when combined, exceed $37,800.00 per annum. This subsection is not intended to limit the number of days which the judge emeritus may serve as magistrate but is intended to limit the compensation for such services.
(d) Said judge emeritus shall have the right to appoint a secretary on a part-time or full-time basis as necessary; and such secretary shall be designated as an employee in the unclassified service of the civil service of Chatham County. Such secretary shall be compensated by the Chatham County board of commissioners on the same basis as other secretaries to judges who are compensated by the board of commissioners. Said judge shall also have the right to appoint an additional clerical assistant if required by the volume of his workload; and such clerical assistant shall be in the unclassified service of the civil service of Chatham County.
Section 4. The sheriff of Chatham County, his deputies, and the additional employees designated by Section 6 of this Act shall perform the duties of constables of the magistrate court.
Section 5. The chief magistrate shall appoint a clerk of the magistrate court who shall be compensated in such amount as may be fixed by the chief magistrate with the approval of the county governing authority of Chatham County.
Section 6. The personnel employed on December 31,1984, in the Municipal Court of Savannah shall be on January 1,1985, transferred to like positions in the magistrate court at a salary not less than the salary they were receiving as employees of the municipal court. They
4424 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
shall retain the tenure, rating, and other civil service benefits to which they were as of December 31,1984, entitled to by law or by action of the county governing authority. The former sheriff of municipal court and any of such personnel who formerly served under the sheriff of municipal court shall be subject to the supervision and direction of the sheriff of Chatham County in carrying out the duties prescribed by Section 4 of this Act.
Section 7. Any matter pending in the Municipal Court of Savannah immediately prior to January 1, 1985, and within the jurisdiction of that court shall on January 1,1985, by operation of law be transferred to the Magistrate Court of Chatham County and shall be disposed of by the magistrate court even if the magistrate court would not otherwise have jurisdiction over the matter, except that if a jury trial has been or is demanded with respect to any such matter it shall be transferred to the State Court of Chatham County. Matters so transferred to the magistrate court from the municipal court may in the discretion of the court be decided under the rules of pleading, practice, and procedure formerly applicable in the municipal court.
Section 8. This Act shall become effective January 1, 1985, except that the provisions of this Act relating to the election of a chief magistrate at the 1984 election shall become effective upon the approval of this Act by the Governor or upon its becoming law without his approval.
Section 9. All laws and parts of laws in conflict with this Act are repealed.
Notice.
Notice is hereby given that there will be introduced in the January, 1984, Session of the General Assembly a bill to combine the Municipal Court of Savannah with the Magistrate Court of Chatham County, to provide for the jurisdiction and personnel of said Court, including Judge Emeritus, and to transfer the duties of Sheriff to the Superior Court of Chatham County.
This 22nd day of December, 1983.
GEORGIA LAWS 1984 SESSION
Roy Allen Representative, 127th District
4425
Affidavit of Publication of The Georgia Gazette.
Georgia, Chatham County.
Personally appeared before me, the undersigned officer authorized to administer oaths, Barbara W. Hook, known to me, who being sworn by me, deposes and says:
That she is the designated agent of the Georgia Gazette, a newspaper of general circulation published in Savannah, Chatham County, Georgia, by the Georgia Gazette Publishing Company, a Georgia corporation;
That the Georgia Gazette is the official organ of Chatham County pursuant to Official Code of Georgia subsection 9-13-14 and is the newspaper customarily used by the Sheriff of Chatham County for the publication of notices required by law:
That she is authorized by the Georgia Gazette Publishing Company and the Georgia Gazette to make affidavits of publication on behalf of said newspaper;
That she has reviewed the editions of the Georgia Gazette published on Dec. 29,1983, Jan. 5,1984, Jan. 12,1984, and Jan. 19,1984, and says of her own personal knowledge that the advertisement attached hereto and made a part hereof appeared in each of said editions.
/s/ Barbara W. Hook Deponent
4426 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 19 day of January, 1984.
/s/ William Mason Notary Public, Georgia, State at Large. My Commission Expires July 5, 1987. (Seal).
Approved March 21,1984.
ACT CREATING BOARD OF COMMISSIONERS OF DECATUR COUNTY AMENDED.
No. 1002 (House Bill No. 1433).
AN ACT
To amend an Act creating the Board of Commissioners of Decatur County, approved March 4,1935 (Ga. L. 1935, p. 630), as amended, so as to change the composition of the board of commissioners; to change the provisions relating to the election of the members of such board; to change the provisions relating to qualifications for membership on the board; to change the provisions relating to the election of the chairman and vice-chairman of said board; to change the provisions relating to the filling of vacancies on said board; to provide for meetings of the board of commissioners; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the Board of Commissioners of Decatur County, approved March 4, 1935 (Ga. L. 1935, p. 630), as amended, is amended by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows:
GEORGIA LAWS 1984 SESSION
4427
"Section 1. There is established in Decatur County a board of commissioners which shall be the governing authority of said county. The board shall be composed of seven members; provided, however, that, beginning January 1, 1987, said board shall be composed of six members as provided in this Act. For the purpose of electing members of the board, Decatur County is divided into six commission districts as follows:
Commission District No. One shall consist of the following described area of Decatur County:
Bounded on the West by commencing at intersection of centerline of Willacoochee Creek and the Florida State boundary; thence Northwest along centerline of Willacoochee Creek to centerline of County Road 402; thence East along centerline of County Road 402 to centerline of County Road 139; thence North along centerline of County Road 139 to centerline of County Road 137; thence North along centerline of County Road 137 to centerline of County Road 96; thence West along centerline of County Road 96 to centerline of County Road 134; thence West along centerline of County Road 134 to centerline of State Route 97; thence West along centerline of Dry Creek to its intersection with centerline of the Flint River; thence North generally along the centerline of the Flint River to its intersection with the centerline of Four Mile Creek; thence East along the centerline of Four Mile Creek to the centerline of the Seaboard Coast Line Railroad; thence Southeast along the centerline of the Seaboard Coast Line Railroad to its intersection with the centerline of an East-West Seaboard Coast Line Railroad; thence Northeast along the centerline of the Seaboard Coast Line Railroad to the centerline of County Road 149; thence East along the centerline of County Road 149 to the centerline of County Road 104; thence Southeast along the centerline of County Road 104 to centerline of State Route 262; thence along centerline of State Route 262 to centerline of County Road 161; thence Southeast along the centerline of County Road 161 to its intersection with the Grady County boundary; thence South along the Grady County boundary to the Florida State boundary; thence West along the Florida State boundary to its intersection with the centerline of Willacoochee Creek and the point of beginning.
Commission District No. Two shall consist of the following described area of Decatur County:
4428 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Bounded on the West by commencing at the intersection of the centerlines of North-South and East-West Seaboard Coast Line Railroads; thence Northwest along the centerline of the Seaboard Coast Line Railroad to its intersection with the southern corporate limits of the City of Bainbridge; thence East along the south corporate limits of the City of Bainbridge; thence North along the east corporate limits of the City of Bainbridge; thence West along the north corporate limits of the City of Bainbridge to its intersection with the general centerline of the Flint River; thence North along the general centerline of the Flint River to its intersection with the Mitchell County boundary; thence East along the Mitchell County boundary to its intersection with the Grady County boundary; thence South along the Grady County boundary to the centerline of County Road 161; thence Northwest along the centerline of County Road 161 to the centerline of State Route 262; thence Northwest along the centerline of State Route 262 to the centerline of County Road 104; thence Northwest along the centerline of County Road 104 to the centerline of County Road 149; thence West along the centerline of County Road 149 to the Seaboard Coast Line Railroad; thence Southwest along the centerline of the Seaboard Coast Line Railroad to its intersection with a North-South Seaboard Coast Line Railroad and the point of beginning.
Commission District No. Three shall consist of the following described area of Decatur County:
Bounded on the West by commencing at the intersection of the centerlines of South West Street and the U. S. 27/84 Bypass; thence Northwest along the centerline of the U. S. 27/84 Bypass to its intersection with the centerline of Dothan Road; thence Southeast along the centerline of Dothan Road to its intersection with the centerline of the Flint River; thence Northeast along the general centerline of the Flint River to its intersection with the north corporate limit of the City of Bainbridge; thence East along the north corporate limit of the City of Bainbridge; thence South along the east corporate limit of the City of Bainbridge to its intersection with the centerline of Planter Street; thence West along the centerline of Planter Street to its intersection with the centerline of Wheat Street; thence South along the centerline of Wheat Street to its intersection along the centerline of Broughton Street; thence West along the centerline of Broughton Street to its intersection with the centerline of Simms Street; thence South
GEORGIA LAWS 1984 SESSION
4429
along the centerline of Simms Street to its intersection with the centerline of Shotwell Street; thence West along the centerline of Shotwell Street to its intersection with the centerline of West Street; thence South along the centerline of West Street to its intersection with the centerline of the U. S. 27/84 Bypass and the point of beginning.
Commission District No. Four shall consist of the following described area of Decatur County:
Bounded on the West by commencing at the intersection of the centerline of West Street and the south corporate limit of the City of Bainbridge; thence North along the centerline of West Street to its intersection with the centerline of Shotwell Street; thence East along the centerline of Shotwell Street to the centerline of Simms Street; thence North along the centerline of Simms Street to the centerline of Broughton Street; thence East along the centerline of Broughton Street to the centerline of Wheat Street; thence North along the centerline of Wheat Street to the centerline of Planter Street; thence East along the centerline of Planter Street to its intersection with the east corporate limit of the City of Bainbridge; thence generally South to the south corporate limit of the City of Bainbridge; thence West along the south corporate limit of the City of Bainbridge to its intersection with the centerline of West Street and the point of beginning.
Commission District No. Five shall consist of the following described area of Decatur County:
Bounded on the West by commencing at the intersection of the boundaries of the State of Florida and the Counties of Decatur and Seminole; thence North along the Seminole County boundary to its intersection with the extension of the centerline of County Road 12; thence East along the centerline of County Road 12 to the centerline of State Route 310; thence North along the centerline of State Route 310 to the centerline of County Road 13; thence East along the centerline of County Road 13 to the centerline of County Road 21; thence North along the centerline of County Road 21 to the centerline of State Route 38; thence Southeast along the centerline of State Route 38 to the centerline of the U. S. 27/84 Bypass; thence Southeast along the centerline of the U. S. 27/84 Bypass to its intersection with the centerline of West Street; thence South along the centerline of West Street to the
4430 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
centerline of the Seaboard Coast Line Railroad; thence Southeast along the centerline of the Seaboard Coast Line Railroad to its intersection with the centerline of Four Mile Creek; thence generally West along the centerline of Four Mile Creek to its intersection with the centerline of the Flint River; thence generally South along the general centerline of the Flint River to its intersection with the centerline of Dry Creek; thence along the centerline of Dry Creek; crossing State Route 97 at its intersection with the centerline of County Road 134; thence East along the centerline of County Road 134 to the centerline of County Road 96; thence East along the centerline of County Road 96 to the centerline of County Road 137; thence South along the centerline of County Road 137 to the centerline of County Road 139; thence South along the centerline of County Road 139 to the centerline of County Road 402; thence Southwest along the centerline of County Road 402 to the centerline of Willacoochee Creek; thence South along the centerline of Willacoochee Creek to the Florida State boundary; thence West along the Florida State boundary to its intersection with the west boundary of Decatur County and the point of beginning.
Commission District No. Six shall consist of the following described area of Decatur County:
Bounded on the West by commencing at the intersection of the extension of the centerline of County Road 12 and the Seminole County boundary; thence North and East along the Seminole County boundary to its intersection with the Miller County boundary; thence East and North along the boundaries of Miller and Baker Counties to its intersection with the centerline of the Flint River; thence generally South along the general centerline of the Flint River to its intersection with the centerline of Dothan Road/Calhoun Street; thence Northwest along the centerline of Dothan Road and State Route 38 to its intersection with the centerline of County Road 21; thence South along the centerline of County Road 21 to the centerline of County Road 13; thence West along the centerline of County Road 13 to the centerline of State Route 310; thence South along the centerline of State Route 310 to the centerline of County Road 12; thence West along the centerline of County Road 12, and an extension thereof, to the Seminole County boundary and the point of beginning.
GEORGIA LAWS 1984 SESSION
4431
In the event any portion of Decatur County is not included in any of the above-described commission districts, then such portion shall be placed in that commission district contiguous to such portion which has the least population according to the United States decennial census of 1980 or any future such census."
Section 2. Said Act is further amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows:
"Section 2. All members of the board of commissioners shall not be less than 25 years of age and shall be qualified electors of Decatur County. Each of the commissioners shall have been a resident of his respective commission district for at least 18 months prior to the date of taking office. In the event that any member ceases to be a resident of his respective commission district during his term of office, a vacancy shall be created and shall be filled in the manner hereinafter provided. Each of the members shall be elected by the qualified voters of Decatur County residing within his respective commission district. In all elections conducted pursuant to this Act, each candidate shall designate, at the time of qualifying, the district from which he offers as a candidate. To be elected as a member of the board, a candidate must receive the highest number of votes cast for the seat he is seeking; and, at the same time, a candidate must receive a majority of the total votes cast for the election of a commissioner to that seat. In the event no candidate for a particular seat receives a majority of the votes for the seat he is seeking, a run-off election shall be conducted for that particular seat. All members shall be nominated and elected in accordance with the provisions of Chapter 2 of Title 21 of the O.C.G.A., the Georgia Election Code, as now or hereafter amended."
Section 3. Said Act is further amended by striking in its entirety Section 3, which reads as follows:
"Section 3. Be it further enacted by the authority aforesaid, that John E. Drake, residing in the territory heretofore designated as Commissioners District Number 1, shall be the member of the Board of Commissioners of said county from said district from and after January 1st, 1935, for a term of four years or until his successor is duly elected and qualified; that T. C. Funderburke, residing in the territory heretofore designated as Commissioners District Number 2, shall be the member of the Board of Commissioners of said county from
4432 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
said district from and after January 1st, 1935, for a term of four years, or until his successor is duly elected and qualified; that J. J. Howell, residing in the territory heretofore designated as Commissioners District Number 3, shall be the member of the Board of Commissioners of said county from said district, from and after January 1st, 1935, for a term of two years, or until his successor is duly elected and qualified; that W. B. Miller, residing in the territory heretofore designated as Commissioners District Number 4, shall be the member of the Board of Commissioners of said county from said district, from and after January 1st, 1935, for a term of four years, or until his successor is duly elected and qualified; that H. R. Garrett, residing in the territory heretofore designated as Commissioners District Number 5, shall be the member of the Board of Commissioners of said county from said district from and after January 1st, 1935, for a term of two years, or until his successor is duly elected and qualified."
Section 4. Said Act is further amended by striking Section 4 in its entirety and inserting in lieu thereof a new Section 4 to read as follows:
"Section 4. (a) The present members of the board of commissioners of Decatur County and any successors filling vacancies created by such members prior to the expiration of their terms of office 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.
(b) Mr. W. B. Miller, Jr., shall continue as a commissioner from the county at large for the remainder of his term, expiring on December 31,1986.
(c) The member from Commission District No. One shall be elected at the general election of 1984 and shall take office on January 1, 1985, for an initial term of two years and until his successor is elected and qualified.
(d) The members from Commission Districts No. Two, Three, and Five 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.
(e) The members from Commission Districts No. Four and Six shall be elected at the general election of 1986 and shall take office on
GEORGIA LAWS 1984 SESSION
4433
January 1,1987, for terms of four years and until their successors are elected and qualified.
(f) Successors to the members elected pursuant to this section shall be elected at the general election immediately preceding the expiration of their respective terms of office and shall take office on the first day of January following their election for terms of four years and until their successors are elected and qualified.
(g) Any vacancy which occurs on the board of commissioners by death, resignation, removal from the commission district, or for any other reason shall be filled by the remaining members of the board electing a successor to serve until a successor is elected at the next general election to serve for the unexpired term or for a full term, as the case may be. Persons elected or appointed to fill the vacancies as provided by this subsection shall be subject to the same qualifications as required of other regular elected members of the board of commissioners."
Section 5. Said Act is further amended by striking Section 6 in its entirety and inserting in lieu thereof a new Section 6 to read as follows:
"Section 6. The board of commissioners shall hold a regular meeting at the Decatur County courthouse at 9:00 A. M. on the second Tuesday of every month, and they may hold special meetings at any time and at any place within the county that their duties may require. Four members of the board shall constitute a quorum for the transaction of all business which may come before them. A vote of four members shall be required for the commission to act affirmatively or negatively on any matter."
Section 6. Said Act is further amended by striking Section 7 in its entirety and inserting in lieu thereof a new Section 7 to read as follows:
"Section 7. At the first regular meeting in January, 1985, and at the first regular meeting each year thereafter, the board of commissioners shall, by not less than four votes, elect one of its number as chairman and one of its number as vice-chairman. In the event that no member receives four votes for chairman or vice-chairman, the member with the greatest seniority in point of service on the board who is willing to serve in those respective capacities and who receives
4434 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
the most votes or who ties with any other commissioner who is willing to serve shall be deemed the duly elected chairman. The term of office of the chairman and the vice-chairman shall expire on December 31 of each year or when their successors take office. 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 chief executive officer and 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 board on all subjects, and to 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."
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 1984 session of the General Assembly of Georgia a bill to amend an Act creating the Board of Commissioners of Decatur County, providing for their election, qualifications, terms of office, powers, duties, and compensation, approved March 4, 1935 (Ga. L. 1935, p. 630), as amended; and for other purposes.
This 25th day of January, 1984.
Walter E. Cox Representative, 141st District
GEORGIA LAWS 1984 SESSION Georgia, Fulton County.
4435
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Walter E. 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 Legislation was published in the Bainbridge Post-Searchlight which is the official organ of Decatur County, on the following date: January 25, 1984.
/s/ Walter E. Cox Representative, 141st District
Sworn to and subscribed before me, this 31st day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 21,1984.
BOARD OF EDUCATION OF GWINNETT COUNTY -- CERTAIN EDUCATION DISTRICTS CHANGED.
No. 1003 (House Bill No. 1124).
AN ACT
To amend an Act relating to education districts for the election of members of the Board of Education of Gwinnett County, approved
4436 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
April 7,1972 (Ga. L. 1972, p. 4058), as amended by an Act approved March 2, 1983 (Ga. L. 1983, p. 3573), so as to change the provisions relative to certain education districts; 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), as amended by an Act approved March 2, 1983 (Ga. L. 1983, p. 3573), is amended by striking from subsection (b) of Section 1 all language describing education districts 3 and 5 and inserting in lieu thereof, respectively, new descriptions of education districts 3 and 5 to read as follows:
"Education District No. 3
Gwinnett County Tracts 503.01 through 503.03 and 504.01 Tract 504.02 Blocks 202 through 204 Blocks 304 through 306 and 309
Education District No. 5
Gwinnett County Tract 504.02 Block Group 1 Blocks 205 through 207 and 209 through 218 Blocks 301 through 303, 307, 308, and 310 through 314 Block Groups 4, 5, and 9 Tracts 504.03 and 504.04"
Section 2. All laws and parts of laws in conflict with this Act are repealed.
GEORGIA LAWS 1984 SESSION
4437
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1984 session of the General Assembl | of Georgia a bill to amend an Act relating to education districts foi the election of members of the Board of Education of Gwinnett Cour ;y, approved April 7,1972 (Ga. L. 1972, p. 4058), as amended by an Act approved March 2,1983 (Ga. L. 1983, p. 3573); and for other purposes.
This 9th day of January, 1984.
Georgia, Fulton County.
Rex A. Millsaps Representative, 61st District
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Rex A. Millsaps, who, on oath, deposes and says that he is Representative from the 61st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Home Weekly which is the official organ of Gwinnett County, on the following date: January 11,1984.
/s/ Rex A. Millsaps Representative, 61st District
Sworn to and subscribed before me, this 16th day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 21,1984.
4438 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
PROBATE COURT OF CHATHAM COUNTY -- ACT RELATING TO COMPENSATION OF CLERK REPEALED.
No. 1004 (House Bill No. 600).
AN ACT
To repeal an Act relating to the compensation of the clerk of the Probate Court of Chatham County, approved April 12, 1982 (Ga. L. 1982, p. 4138); to provide that the clerk of Superior Court of Chatham County shall serve as the clerk of 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 relating to the compensation of the clerk of the Probate Court of Chatham County, approved April 12,1982 (Ga. L. 1982, p. 4138), is repealed in its entirety.
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.
Notice is hereby given that legislation will be introduced during the 1983 Session of the Georgia General Assembly to provide for a complete revision of the court system in Chatham County, Georgia, affecting the Superior Court, its clerk and sheriff, the State Court, its clerk and sheriff, the Probate Court and its clerk; and the Municipal Court, its clerk and sheriff; and for other purposes.
GEORGIA LAWS 1984 SESSION
Bobby Phillips Representative, 125th District
4439
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 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/ Bobby Phillips Representative, 125th 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 Nov. 4, 1985. (Seal).
Approved March 21,1984.
4440 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SHERIFF OF MARION COUNTY -- COMPENSATION OF DEPUTY CHANGED.
No. 1005 (House Bill No. 1426).
AN ACT
To amend an Act abolishing the fee system of compensating the sheriff of Marion County and providing in lieu thereof an annual salary, approved March 30,1965 (Ga. L. 1965, p. 2828), as amended, particularly by an Act approved April 6,1981 (Ga. L. 1981, p. 4234), so as to change the compensation of the deputy sheriff; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act abolishing the fee system of compensating the sheriff of Marion County and providing in lieu thereof an annual salary, approved March 30,1965 (Ga. L. 1965, p. 2828), as amended, particularly by an Act approved April 6,1981 (Ga. L. 1981, p. 4234), is amended by striking in its entirety Section 8 and inserting in its place a new Section 8 to read as follows:
"Section 8. The Sheriff of Marion County is hereby authorized to appoint one full-time deputy who shall be compensated in an amount of $11,500.00 per year, beginning January % 1984, to be paid in equal monthly installments from the funds of Marion County. The governing authority of Marion County shall not be authorized to provide compensation for any other personnel for said sheriff, but the Sheriff of Marion County shall nevertheless be authorized to appoint such additional deputy sheriffs and jailers as he may deem necessary, provided provisions are made by him for their compensation out of funds not belonging to Marion County or from funds to which Marion County is entitled."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
GEORGIA LAWS 1984 SESSION Notice to Introduce Local Legislation.
4441
Notice is hereby given that there will be a bill introduced in the 1984 session of the Georgia General Assembly to change the compensation of the Deputy Sheriff of Marion County and for other purposes.
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 Legislation was published in the Patriot Citizen which is the official organ of Marion County, on the following date: January 19,1984.
/s/ Ward Edwards Representative, 112th District
Sworn to and subscribed before me, this 31st day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 21,1984.
4442 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
BOARD OF COMMISSIONERS OF GLYNN COUNTY -- ERRONEOUS DESCRIPTION OF ELECTION DISTRICTS
CORRECTED.
No. 1006 (House Bill No. 1113).
AN ACT
To amend an Act creating a board of commissioners of Glynn County, approved February 11, 1937 (Ga. L. 1937, p. 1336), as amended, particularly by an Act approved April 12,1982 (Ga. L. 1982, p. 4570) and an Act approved March 14,1983 (Ga. L. 1983, p. 3880), so as to correct a typographical error in the description of the election districts from which 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, approved February 11, 1937 (Ga. L. 1937, p. 1336), as amended, particularly by an Act approved April 12,1982 (Ga. L. 1982, p. 4570) and an Act approved March 14,1983 (Ga. L. 1983, p. 3880), is amended by striking from subsection (a) of Section 1 of said Act the following:
"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
GEORGIA LAWS 1984 SESSION
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",
and inserting in lieu thereof the following:
4443
"District No. 4
Glynn Tract 9903 Blocks 126 through 129 and 135 Those parts of Blocks 136, 140, 141, 145, 153, and 154 within 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",
so that when so amended subsection (a) of Section 1 shall 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 provided. For the purpose of electing members of the board of
4444 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 QQ09 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
GEORGIA LAWS 1984 SESSION
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 within 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
4445
4446 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
District No. 5
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 1984 session of the General Assembly of Georgia a bill to amend an Act creating a board of commissioners of Glynn County, approved February 11,1937 (Ga. L. 1937, p. 1336), as amended, particularly by an Act approved April 12,1982 (Ga. L. 1982, p. 4570) and an Act approved March 14,1983 (Ga. L. 1983, p. 3880), so as to correct a typographical error in the description of the election districts from which members of the board of commissioners are elected; and for other purposes.
This 5th day of January, 1984.
Dean Auten Representative, 156th District
GEORGIA LAWS 1984 SESSION Georgia, Fulton County.
4447
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 Legislation was published in the Brunswick News which is the official organ of Glynn County, on the following date: January 11,1984.
/s/ Dean G. Auten Representative, 156th District
Sworn to and subscribed before me, this 13th day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 21,1984.
STATE COURT OF MUSCOGEE COUNTY -- COMPENSATION OF JUDGE, SOLICITOR AND
ASSISTANT SOLICITOR.
No. 1007 (House Bill No. 1443).
AN ACT
To amend an Act establishing the State Court of Muscogee County, approved December 20, 1884 (Ga. L. 1884-85, p. 455), as
4448 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
amended, particularly by an Act approved March 26, 1980 (Ga. L. 1980, p. 4327), so as to change the compensation of the judge, solicitor, and assistant solicitors of the state court; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act establishing the State Court of Muscogee County, approved December 20, 1884 (Ga. L. 1884-85, p. 455), as amended, particularly by an Act approved March 26, 1980 (Ga. L. 1980, p. 4327), is amended by striking Section 3A in its entirety and inserting in lieu thereof a new Section 3A to read as follows:
"Section 3A. (a) The judge of the State Court of Muscogee County shall receive an annual salary of $41,000.00 which shall be paid in equal monthly installments from the funds of Muscogee County.
(b) The solicitor of said court shall receive an annual salary of $30,000.00 which shall be paid in equal monthly installments from the funds of Muscogee County. The solicitor shall devote his full time to the duties of his office and shall not engage in the private practice of law during, his tenure of office.
(c) The assistant solicitor of said court shall receive an annual salary of $12,000.00 which shall be paid in equal monthly installments from the funds of Muscogee County."
Section 2. Said Act is further amended by striking subsection (c) of Section 3B in its entirety and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) Said assistant solicitor shall be paid an annual salary of $20,000.00, to be paid in 12 equal monthly installments from the funds of Muscogee County."
Section 3. This Act shall become effective on July 1,1984.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
GEORGIA LAWS 1984 SESSION
4449
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the January, 1984, session of the General Assembly of Georgia, a bill to amend an Act establishing a City court in the City of Columbus of Muscogee County, Georgia (now known as the State Court of Muscogee County), approved December 20, 1884 (Ga. L. 1884-85, p. 455), as amended, so as to change the salary of the judge, solicitor, assistant solicitor and part time assistant solicitor of said court; to provide an effective date; to repeal conflicting laws, and for other purposes.
This 4th day of January, 1984.
Charles T. Staples President, Columbus Lawyers Club
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 Enquirer which is the official organ of Muscogee County, on the following date: January 10, 1984.
/s/ Thomas B. Buck, III Representative, 95th District
4450 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 24th day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 21,1984.
COMPENSATION TO PHILLIP TRACY. No. 54 (House Resolution No. 451). A RESOLUTION
Compensating Mr. Phillip Tracy; and for other purposes. WHEREAS, on January 22 or 23, 1983, a radio tower of the Georgia State Patrol, the Uniform Division of the Department of Public Safety, fell on a radio tower owned by Mr. Phillip Tracy in Ponder Mountain, Bartow County, Georgia; and WHEREAS, the accident caused Mr. Tracy's radio tower to fall and be totally destroyed; and WHEREAS, the accident caused extensive damage to Mr. Tracy's radio tower in the amount of $5,400.00 which has not been compensated by insurance; and WHEREAS, the accident occurred through no fault or negligence on the part of Mr. Tracy and it is only fitting and proper that he be reimbursed for his loss.
GEORGIA LAWS 1984 SESSION
4451
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Public Safety is authorized and directed to pay the sum of $5,400.00 to Mr. Phillip Tracy 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 21,1984.
PROVISION MADE FOR MAGISTRATE COURT OF WEBSTER COUNTY.
No. 1008 (House Bill No. 920).
AN ACT
To provide for the election of the initial chief magistrate of the Magistrate Court of Webster 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 that the sheriff and his deputies shall serve as constables under certain conditions; to provide for filling vacancies; to provide for the compensation of the chief magistrate and other magistrates and of other court personnel; to excuse the chief magistrate from certain jury duty; to provide for reimbursing the chief magistrate and other magistrates for reasonable costs and expenses of training; to provide for severability; 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.
4452 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2. (a) The initial chief magistrate of the Magistrate Court of Webster County shall be elected by the voters of Webster County at the general election in November, 1984. Such initial chief magistrate shall assume office on January 1, 1985, and serve for a term of four years which shall expire on December 31,1988.
(b) At the general election conducted in 1988 and at the general election conducted every four years thereafter, a successor to the initial judge 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 shall thereafter be appointed by the governing authority of Webster County for a term of office which shall expire on the date the term of office of the chief magistrate expires. The governing authority shall not appoint more than two 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 Webster County.
(e) If the constable of the Magistrate Court of Webster County is unable for any reason to perform his duties, the sheriff of Webster County and his deputies shall serve as constables for the Magistrate Court of Webster County. The sheriff and his deputies shall not be entitled to any additional compensation for performing such duties.
(f) The chief magistrate elected to the Magistrate Court of Webster County shall be exempt from jury duty in the superior court or any other court now existing or which may hereafter be created or established in Webster County.
Section 3. (a) A vacancy in the office of chief magistrate of the Magistrate Court of Webster County shall be filled by the governing authority of Webster 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 Webster County for the remainder of the unexpired term.
GEORGIA LAWS 1984 SESSION
4453
Section 4. (a) The chief magistrate shall be placed on an annual salary of not less than $3,950.00, the exact amount to be determined by the governing authority of Webster County. Such salary shall be paid from the funds of Webster County.
(b) The governing authority of Webster County shall fix the salaries of the other magistrates and the compensation of the clerk of the court and other court personnel.
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 Webster County, but such officers shall be reimbursed by the governing authority of Webster County for such reasonable 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 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 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, there will be introduced at the regular 1984 session of the Georgia General Assembly, a bill to provide for the selection of the Magistrate or Magistrates who will preside over the Magistrate Court in Webster County; to provide certain procedure for the operation of the court; and for other purposes.
This 5th day of January, 1984.
4454 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Gerald E. Greene Representative, District 130
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Gerald E. Greene, who, on oath, deposes and says that he is Representative from the 130th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Stewart-Webster Journal which is the official organ of Webster County, on the following date: January 5,1984.
/s/ Gerald E. Greene Representative, 130th District
Sworn to and subscribed before me, this 9th day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 21,1984.
GEORGIA LAWS 1984 SESSION
4455
ACT PROVIDING SYSTEM FOR PENSION AND RETIREMENT PAY FOR TEACHERS AND
EMPLOYEES OF BOARD OF EDUCATION OF FULTON COUNTY AMENDED.
No. 1009 (House Bill No. 1180).
AN ACT
To amend an Act entitled "An Act to Provide in Fulton County a System for Pension and Retirement Pay to the Teachers and Employees of the Board of Education of Fulton County; and for other purposes.", approved March 2,1945 (Ga. L. 1945, p. 528), as amended, so as to provide for a change in the method of selection and membership of the Pension Board of the Fulton County School Employees Pension System; to provide for the selection of pension board members in the event of the death, resignation, or disability of a pension board member; to provide that the administrator of finance for the school system administered by the Fulton County Board of Education shall replace the treasurer of Fulton County as the treasurer and custodian of said pension fund; to provide that the executive secretary of the pension board may be considered an employee of the Fulton County Board of Education; 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 entitled "An Act to Provide in Fulton County a System for Pension and Retirement Pay to the Teachers and Employees of the Board of Education of Fulton County; and for other purposes.", approved March 2,1945 (Ga. L. 1945, p. 528), 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. There is hereby established a School Pension Board, whose duty shall be to administer the said Pension and Retirement Fund. Said Pension Board shall consist of two members of the Board of Education, to be known as position nos. 1 and 2; two members elected by the teachers and employees of the Board of Education, which members shall be active teachers or employees of the Board of
4456 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Education, to be known as position nos. 3 and 4; and one member selected by the other four members of the Pension Board, but in case of a tie vote of the other members of the Pension Board, the Chairperson of the Board of Education shall appoint such fifth member, to be known as position no. 5; provided, however, that such fifth member, regardless of the manner in which he or she is selected, shall not be a current or former member, teacher or employee of said Board of Education, and shall be a person with substantial prior experience in financial and investment matters. Except as provided * hereafter, said members shall hold office for a term of four years and until their successors shall have been duly elected and qualified. The members of the Pension Board in office as of the effective date of this Act shall continue to hold their respective offices until their respective terms of office expire and their respective successors in office are selected in accordance with the provisions of this Act, except for position no. 2 (the Board of Commissioners' member of the Pension Board), who shall be replaced by a member of the Board of Education in the following manner: At the first regular meeting of the Board of Education following the effective date of this Act, the Chairperson of the Board of Education shall appoint another member of the Board of Education to said Pension Board, who shall thereupon replace the member of the Board of Commissioners then holding position no. 2 on said Pension Board and who shall hold such office until April 30, 1987, when his successor shall be appointed. In the event of the death, resignation or other disability of a Pension Board member which renders him or her incapable of performing the duties of a Pension Board member during his or her term of office, said member's replacement shall be selected in the manner hereinbefore specified for such position to serve the remaining balance of such term of office. The said Pension Board shall elect its own Chairperson and Secretary and shall hold a regular public meeting at least once a month at a time and place to be fixed by it. The members of said Pension Board shall serve without pay. The Pension Board may employ an Executive Secretary who shall serve at the will of the Pension Board at a salary to be designated by said Pension Board; with the consent of the Fulton County Board of Education, such Executive Secretary may be an employee of the Fulton County Board of Education. The Pension Board shall have authority to adopt rules and regulations in the administration of said Pension Fund in carrying out the provisions of this Act, to reconcile conflicts therein if any should exist, and to provide for the equitable disposition of any matter not specifically covered by the provisions of this Act, provided, however, that all such rules must be consistent with the terms
GEORGIA LAWS 1984 SESSION
4457
and spirit of this Act. The administrator of finance for the school system administered by said Board of Education is designated as Treasurer and Custodian of said Pension Fund and whenever any pension has been granted by said Pension Board, a check shall be drawn on the Pension Fund, providing for the payment of the pension as the same matures, to be signed by the Chairperson of said Pension Board and countersigned and paid by said Treasurer. Three members of said Pension Board shall constitute a quorum and notice by the Secretary shall be given for special or called meetings of the Pension Board. The Chairperson of said Pension Board shall give a bond with a good corporate surety in the sum of $5,000.00 for his or her faithful performance as Chairperson of said Pension Board and said Treasurer shall give a bond with a good corporate surety in the sum of $25,000.00 for the faithful performance as Treasurer and Custodian of said Pension Fund. The premiums on said bonds shall be paid as an expense of the Pension Fund."
Section 2. This Act shall become effective on July 1,1984.
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 1984 Session of the General Assembly of Georgia an Act to amend an Act providing in Fulton County a system for pension and retirement pay to the teachers and employees of the Board of Education of Fulton County, approved March 2,1945, (Ga. Laws 1945, page 528), as amended and for other purposes.
This 3rd day of January, 1984.
4458 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
John Tye Ferguson Associate County Attorney Fulton County
Publisher's Affidavit.
Georgia, Fulton County.
Before me, the undersigned, a Notary Public, this day personally came Earl H. Higgins, 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 3rd day of January, 1984, as provided by law.
/s/ Earl H. Higgins
Subscribed and sworn to before me, this 6th day of January, 1984.
/s/ April M. Elmore Notary Public, Georgia State at Large. My Commission Expires Feb. 17, 1986. (Seal).
Approved March 21,1984.
GEORGIA LAWS 1984 SESSION
4459
BOARD OF EDUCATION OF JONES COUNTY RECONSTITUTED -- REFERENDUM.
No. 1010 (House Bill No. 1403).
AN ACT
To reconstitute the membership of the board of education of Jones County; to provide for the election and qualifications of the members of the board; to provide for filling vacancies; to provide for a chairman of the board; to provide for compensation of the chairman and members of the board; to provide for a referendum; to provide for submission of this Act under the federal Voting Rights Act of 1965; to provide for related matters; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. (a) There shall be a board of education of Jones County which shall consist of a chairman and four other members. The members of the board of education in office on the effective date of this Act shall serve out the terms for which they were elected. The member of the board serving as chairman on the effective date of this Act shall continue to serve as chairman until December 31,1985.
(b) At the general election held in 1984 there shall be elected two members to succeed the two members whose terms expire December 31,1984. The members so elected in 1984 shall serve for terms of two years, beginning on January 1, 1985, and ending on December 31, 1986.
(c) The two members elected in 1984 may reside anywhere within the Jones County school district and shall be elected by majority vote and by the voters of the entire school district.
(d) At the board's first meeting after January 1,1985, the board shall by majority vote elect one of its members to serve as chairman of the board until December 31,1986.
Section 2. (a) At the general election held in 1986 and quadrenially thereafter there shall be elected a chairman and four members of the board as provided in this section.
4460 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(b) The chairman may reside anywhere within the Jones County school district and shall be elected by the voters of the entire school district. Each other member must be a resident of the district the member represents and shall be elected by only the voters of that district. All elections shall be by majority vote.
(c) For purposes of electing the members of the board, the Jones County school district is divided into four education districts as follows:
Education District No. 1: Commencing at a point on the centerline of a four-lane highway known as the Macon-Gray Highway (U. S. 129 and State Highways 11 and 22) where said point intersects with the Jones-Bibb County Line and from said beginning point continuing in a northeasterly direction along said four-lane highway until the centerline of the four-lane highway intersects with the centerline of Greene Settlement Road and a road known as the Old Macon Road or Old Clinton Road; thence turning left onto the Old Macon Highway (Old Clinton Road) following said road until the centerline of said road intersects with the City Limits of Gray; thence turning left and following the City of Gray limits until said City Limits intersect the centerline of State Highway 11 (commonly known as the Monticello Highway); thence turning left and proceeding along the centerline of State Highway 11 in a northerly direction until the centerline of State Highway 11 intersects with the centerline of Campbell Spur; thence turning right on the centerline of Campbell Spur and proceeding along the centerline of Campbell Spur until the centerline of Campbell Spur intersects with Hungerford Road; thence turning left and following the centerline of Hungerford Road until said centerline intersects with an unnamed dirt road designated as P-332 according to a map of Jones County prepared by the State of Georgia Department of Transportation; thence turning left onto said unnamed dirt road and continuing along the centerline of said unnamed dirt road until said unnamed dirt road intersects the Jones-Putnam County Line; thence turning left in a westerly direction and following the Jones County boundary line until reaching the said point of beginning where the Macon-Gray fourlane highway centerline intersects the Jones-Bibb County Line.
Education District No. 1 is comprised of all of the property contained within the boundaries specified above.
GEORGIA LAWS 1984 SESSION
4461
Education District No. 2: Commencing at a point on the centerline of State Highway 49 where said point intersects with the Jones-Baldwin County Line and from said beginning point continuing in a Southwesterly direction along said State Highway 49 until the centerline of State Highway 49 intersects with the centerline of State Highway 18; thence turning right and continuing along State Highway 18 to a point where the centerline of State Highway 18 intersects the centerline of a dirt road known as Morton Road; thence turning right and continuing along Morton Road until the centerline of Morton Road intersects with the centerline of Ballfield Road; thence turning right and continuing along Ballfield Road until reaching a point where the centerline of Ballfield Road intersects with the centerline of Nathan Roberts Road; thence turning left and continuing along Nathan Roberts Road until reaching a point where the centerline of Nathan Roberts Road intersects with the centerline of Altman Road; thence turning left and continuing along Altman Road until reaching a point where the centerline of Altman Road intersects with the centerline of State Highway 22 (known as the Milledgeville Highway); thence turning left and continuing along State Highway 22 into the City of Gray until reaching a point where the centerline of State Highway 22 (at that point known as Clinton Street) intersects with the centerline of a road that is known as the Old Macon Highway or Old Clinton Road; thence turning right and proceeding along the Old Macon Road (Old Clinton Road) until reaching a point where the centerline of said road intersects with the City of Gray Limits; thence turning right and following the City of Gray Limits in a northeasterly direction until said City Limits intersect the centerline of State Highway 11 (known as the Monticello Highway); thence turning left and continuing along centerline of State Highway 11 in a northerly direction until reaching a point where the centerline of State Highway 11 intersects the centerline of Campbell Spur; thence turning right and continuing along Campbell Spur until reaching a point where the centerline of Campbell Spur intersects with the centerline of Hungerford Road; thence turning left and continuing along Hungerford Road until reaching a point just past Damascus Church where the centerline of Hungerford intersects with the centerline of an unnamed dirt road designated as Road No. P-332 according to a map of Jones County prepared by the State of Georgia Department of Transportation; thence turning left on said unnamed road and continuing along said unnamed road until the centerline of said unnamned road intersects with the Jones-
4462 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Putnam County Line; thence turning right in an easterly direction and following the Jones County boundary line until reaching said point of beginning on State Highway 49 where the centerline of State Highway 49 intersects with the Jones-Baldwin County Line.
Education District No. 2 is comprised of all of the property contained within the boundaries specified above.
Education District No. 3: Commencing at a point on the centerline of State Highway 49 where said point intersects with the Jones-Baldwin County Line and from said beginning point continuing in a Southwesterly direction along State Highway 49 until reaching a point where the centerline of State Highway 49 intersects with the centerline of State Highway 18; thence turning right and following State Highway 18 until reaching a point where the centerline of State Highway 18 intersects with the centerline of Morton Road; thence turning right and continuing along Morton Road until reaching a point where the centerline of Morton Road intersects with the centerline of Ballfield Road; thence turning right and continuing along Ballfield Road until reaching a point where the centerline of Ballfield Road intersects with the centerline of Nathan Roberts Road; thence turning left and continuing along Nathan Roberts Road until reaching a point where the centerline of Nathan Roberts Road intersects with the centerline of Altman Road; thence turning left and continuing along Altman Road until reaching a point where the centerline of Altman Road intersects with the centerline of State Highway 22 (known as the Milledgeville Highway); thence turning left and continuing along State Highway 22 into Gray until reaching a point where the centerline of State Highway 22 (known at that point as Clinton Street) intersects with the centerline of the road known as the Old Macon Highway or Old Clinton Road; thence turning right and continuing along the Old Macon Highway (Old Clinton Road) until reaching a point where the centerline of said road intersects with Greene Settlement Road and the four-lane highway known as the Macon-Gray Highway (U. S. 129 and State Highways 11 and 22); thence turning right and continuing along the centerline of said four-lane highway until reaching a point where the centerline of the four-lane highway intersects with the centerline of Joycliff Road; thence turning left and continuing along Joycliff Road until reaching a point where Dry Bone Creek intersects with the centerline of said road; thence turning left and following the center of Dry Bone Creek until reaching a point
GEORGIA LAWS 1984 SESSION
4463
where said creek intersects with the centerline of Baker Road; thence turning left and continuing along Baker Road until reaching a point where Dry Bone Creek again intersects with the centerline of said Baker Road; thence again turning left and following the center of said creek until reaching a point where said Dry Bone Creek intersects with the centerline of Chapman Road; thence turning right onto Chapman Road and continuing along said Chapman Road until reaching a point where the centerline of Chapman Road intersects with the centerline of State Highway 49; thence turning left and continuing along said State Highway 49 until reaching a point where the Central of Georgia Railroad intersects with the centerline of State Highway 49; thence turning right and following the center of the Central of Georgia Railroad to the Jones-Bibb County Line; thence turning left and following the Jones County boundary line until reaching said point of beginning where the centerline of State Highway 49 intersects with the Jones-Baldwin County Line.
Education District No. 3 is comprised of all of the property contained within the boundaries specified above.
Education District No. 4: Commencing at a point on the centerline of the four-lane highway known as the Macon-Gray Highway (U. S. Highway 129 and State Highways 11 and 22) where said point intersects with the Jones-Bibb County Line and from said beginning point continuing in a northeasterly direction until the centerline of said four-lane highway intersects with the centerline of Joycliff Road; thence turning right onto Joycliff Road and continuing along said road until reaching a point where Dry Bone Creek intersects with the centerline of Joycliff Road; thence turning left and following the center of Dry Bone Creek until reaching a point where said creek intersects with the centerline of Baker Road; thence turning left and continuing along Baker Road until reaching a point where Dry Bone Creek again intersects with the centerline of Baker Road; thence turning left and again following the center of said creek until reaching a point where Dry Bone Creek intersects with the centerline of Chapman Road; thence turning right and continuing along Chapman Road until reaching a point where the centerline of Chapman Road intersects with the centerline of State Highway 49; thence turning left and continuing along State Highway 49 until reaching a point where the Central of Georgia Railroad intersects with the centerline of State Highway 49; thence turning right and continuing
4464 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
along the Central of Georgia Railroad until reaching a point where the centerline of said Central of Georgia Railroad intersects with the Jones-Bibb County Line; thence turning right and continuing along the Jones-Bibb County Line until reaching said point of beginning where the centerline of the four-lane Macon-Gray Highway (U. S. 129 and State Highways 11 and 22) intersects with the Jones-Bibb County Line.
Education District No. 4 is comprised of all of the property contained within the boundaries specified above.
(d) The chairman and each other member of the board shall serve for a term of four years beginning the first day of January next following his or her election. Successors shall be elected thereafter at the general election immediately preceding the expiration of a term of office.
Section 3. At the first regular meeting in January of each fouryear term of office, the board shall elect from its members a vice chairman. The chairman shall preside at all meetings of the board and shall have a vote on all matters before the board. In the event of the death, disqualification, or resignation of the chairman, the vice chairman shall perform the duties and have the authority of the chairman until a new chairman is chosen as provided in this Act. The vice chairman shall preside at board meetings in the absence of the chairman. In the event of a vacancy in the office of vice chairman, the board shall elect a new vice chairman to serve for the remainder of the unexpired term.
Section 4. (a) Any vacancy in the office of chairman or member of the board which occurs more than 180 days before the expiration of a term of office shall be filled by special election.
(b) Any vacancy in the office of chairman or member of the board which occurs 180 days or less before the expiration of a term of office shall be filled by the remaining members of the board appointing a successor; and such appointment shall be made within 15 days after the vacancy occurs.
(c) Any person elected or appointed to fill a vacancy must meet all qualifications for election to the office; and any person elected or appointed to fill a vacancy shall serve for the remainder of the unexpired term.
GEORGIA LAWS 1984 SESSION
4465
Section 5. (a) Until January 1, 1987, 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 and the chairman shall be compensated in the amount of $125.00 per month for service as chairman.
(b) On and after January 1,1987, the chairman shall be compensated in the amount of $350.00 per month and each other member of the board shall be compensated in the amount of $200.00 per month.
(c) The members and chairman shall, upon approval by a majority of the members of the board, be reimbursed for actual and necessary expenses incurred by them when traveling out of the county on official business.
Section 6. An Act creating a new board of education of Jones County, approved April 10,1971 (Ga. L. 1971, p. 3396), as amended by an Act approved March 14,1983 (Ga. L. 1983, p. 3714), is repealed in its entirety.
Section 7. Not less than 30 nor more than 45 days before the date of the August, 1984, primary election, the election superintendent of Jones County shall issue the call for election for the purpose of submitting this Act to the electors of Jones County for approval or rejection. The superintendent shall set the date of such election for the date of the August, 1984, primary election. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Jones County. The ballot shall have written or printed thereon the words:
"( ) YES ( ) NO
Shall the provisions of the Act reconstituting the membership of the board of education of Jones 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, then Sections 1 through 6 of this Act shall become of
4466 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
full force and effect; otherwise Sections 1 through 6 of this Act shall be void and of no force and effect.
The expense of such election shall be borne by Jones County. The election superintendent of Jones County shall hold and conduct the election and shall certify the result thereof to the Secretary of State.
Section 8. It shall be the duty of the attorney for the board of education of Jones County to submit this Act to the United States Attorney General for review under the federal Voting Rights Act of 1965; and it shall be the duty of the board of education of Jones County to direct and ensure that such submission is made by such attorney or some other attorney if such attorney fails to act. It shall be the duty of the board of education of Jones County and the attorney for the board of education to ensure that such submission has been completed not later than 30 days after the Governor approves this Act or it becomes law without his approval and to ensure that such submission contains all materials necessary or appropriate to a prompt and favorable ruling on this Act by the Attorney General.
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 1984 session of the General Assembly of Georgia a bill to reconstitute the membership of the board of education of Jones County; to provide for the compensation of the chairman and other members of the board; to provide for other matters related to the foregoing; and for other purposes.
The 17th day of January, 1984.
Kenneth W. Birdsong Representative, 104th District
GEORGIA LAWS 1984 SESSION Georgia, Fulton County.
4467
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 date: January 26, 1984.
/s/ Kenneth W. Birdsong Representative, 104th District
Sworn to and subscribed before me, this 30th day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 21,1984.
PROVISION MADE FOR MAGISTRATE COURT OF RICHMOND COUNTY.
No. 1011 (House Bill No. 1436).
AN ACT
To make provisions for the Magistrate Court of Richmond County; to enable the Magistrate Court of Richmond County to
4468 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
operate in conjunction with the Civil Court of Richmond County; to provide for the chief judge and the associate judge of the civil court to serve as the chief magistrate and the presiding magistrate of Richmond County; to provide for the appointment of additional magistrates; to provide for the duties, responsibilities, qualifications, terms of office, and compensation of magistrates; to provide for the clerk, marshal, and other officers and employees of the civil court to be officers and employees of the magistrate court of said county; to amend an Act relating to the Civil Court of Richmond County, approved March 21,1974 (Ga. L. 1974, p. 2410), as amended, particularly by an Act approved April 6,1981 (Ga. L. 1981, p. 3575), so as to facilitate the operation of the magistrate court of said county to be operated in conjunction therewith; to clarify the dual functions and jurisdiction of said courts; to provide for the transfer of cases to and from other courts; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
PART i
Section 1. The chief judge of the Civil Court of Richmond County shall be the chief magistrate of said county and shall be vested with all the authority of chief magistrate enumerated in Chapter 10 of Title 15 of the O.C.G.A. The associate judge of the civil court is hereafter designated the presiding judge of the civil court and shall be a magistrate of Richmond County, known as the presiding magistrate of Richmond County, shall be vested with the duties and powers of a magistrate, and may exercise and share the special authority of the chief magistrate when requested and directed to do so by that officer.
Section 2. The judges of the civil court shall be responsible for the conduct of the functions and affairs of the Magistrate Court of Richmond County, shall preside at all trials and hearings, either separately or together, in the courtrooms and physical facilities at the county courthouse heretofore provided for the operation of the Civil Court of Richmond County, and shall continue to perform the duties and exercise the authority of the civil court in harmony with their functions as judges of the magistrate court. For their services as chief magistrate and presiding magistrate they shall receive extra compensation in addition to any salaries being paid to them as judges of the
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civil court. This compensation shall be paid to them monthly in accordance with subsection (c) of Code Section 15-10-23 of the O.C.G.A. from county funds, with the presiding magistrate being paid 90 percent of the amount paid to the chief magistrate.
Section 3. The persons elected in the general election to be held in November, 1984, to succeed the present incumbents as chief judge of the civil court and associate judge (now presiding judge) of the civil court shall also become the chief magistrate and the presiding magistrate of Richmond County, provided each candidate for such offices in the general election shall possess the qualifications required to hold the same under the laws relating to the Civil Court of Richmond County, as well as the qualifications, training, and educational requirements of the office of magistrate under Chapter 10 of Title 15 of the O.C.G.A. Each of them shall serve for a term of four years, commencing January 1,1985.
Section 4. On January 1,1985, the chief magistrate of Richmond County, with the consent and approval of a majority of the superior court judges for said county, may appoint additional magistrates of Richmond County, not to exceed three in number, who shall possess all of the qualifications required for holding the office of magistrate set out in Chapter 10 of Title 15 of the O.C.G.A. but who must be 25 years of age. Each of the additional magistrates shall hold a term of office expiring at midnight, December 31,1988, and shall be compensated from county funds in the manner prescribed in subsection (c) of Code Section 15-10-23 of the O.C.G.A. Vacancies in the offices of the additional magistrates shall be filled by appointment by the chief magistrate with the consent and approval of a majority of the superior court judges for Richmond County in the same manner as the original appointments are made. However, vacancies in the offices of chief judge of the civil court and chief magistrate of Richmond County and presiding judge of the civil court and presiding magistrate of Richmond County shall be filled by appointment of the Governor with such appointee to serve until January 1 of the year following the next general election which is more than six months after such person is appointed, at which election a successor for the remainder of the original term or a successor for a new four-year term, whichever is appropriate, shall be elected.
Section 5. (a) Until January 1,1985, the chief magistrate and the magistrates now holding office by reason of having been elected as justices of the peace shall continue to receive their present compensa-
4470 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
tion, but the presiding magistrate shall begin to receive compensation equal to 90 percent of the amount being paid to the chief magistrate for each month and fraction of month remaining in the present year.
(b) The monthly compensation to be paid the magistrates shall be fixed by a majority of the superior court judges of the Augusta Judicial Circuit at least 60 days in advance of the general election to be held in November, 1984, and every fourth year thereafter, by order directed to the governing authority of Richmond County.
Section 6. The clerk, deputy clerks, marshal, and deputy marshals of the civil court shall also be the clerk, deputy clerks, marshal, and deputy marshals of the Magistrate Court of Richmond County, and in addition to their authority and duties as officers of the civil court they shall exercise all the authority and perform all the duties conferred upon them by the laws of this state concerning clerks and constables of magistrate courts.
Section 7. The chief judge of the civil court, as chief magistrate, shall appoint such additional deputy clerks and deputy marshals as may become necessary for the operation of the magistrate court, with the approval of the governing authority of Richmond County.
Section 8. Although the Civil Court of Richmond County and the Magistrate Court of Richmond County shall be served by the same officers and will use and occupy the same physical space and facilities in the county buildings, the files and dockets of each court shall be kept and maintained separately; and the state laws governing the jurisdiction, pleadings, practice, and procedure of each of said courts shall be strictly observed. However, the budget of expenses required for the operation of the courts may be submitted in either separated or combined form as the Board of Commissioners of Richmond County may direct.
Section 9. On the ballot to be submitted to the voters of Richmond County in the general election of November, 1984, and in each fourth year thereafter, the designations for the offices of chief judge of the civil court and associate judge of civil court shall appear as chief judge of the Civil and Magistrate Court and presiding judge of the Civil and Magistrate Court of Richmond County.
GEORGIA LAWS 1984 SESSION
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PART m
Section 10. An Act relating to the Civil Court of Richmond County, approved March 21,1974 (Ga. L. 1974, p. 2410), as amended, particularly by an Act approved April 6,1981 (Ga. L. 1981, p. 3575), is amended by striking Section 2, relating to jurisdiction of said court, and inserting in its place a new Section 2 to read as follows:
"Section 2. (a) The criminal jurisdiction of the civil court shall be the same as that now or hereafter conferred upon the magistrate courts of this state.
(b) The clerk and each deputy clerk of the Civil Court of Richmond County shall continue to exercise the power and authority, under the immediate supervision of the chief judge or the presiding judge of said court, to issue warrants for the arrest of persons charged with the commission of crimes committed in Richmond County, to the same extent as these clerks and deputy clerks have heretofore been authorized to act.
(c) The jurisdiction of the civil court of said county as to all civil cases, proceedings, summary and statutory, claims or counterclaims, arising ex contractu or ex delicto, shall be concurrent with the jurisdiction of the state court of said county in every civil claim, matter, or proceeding in which the principal amount claimed, indebtedness, damages, or value of property claimed in controversy by any party litigant does not exceed $25,000.00 exclusive of interest, hire, statutory penalty, attorney's fee, and court costs.
(d) Should any defending party file a counterclaim or setoff which seeks an affirmative recovery for a principal amount or value in excess of $25,000.00 and the jurisdictional limits of the civil court as heretofore defined, upon such fact being brought to the attention of the court, the judge of the civil court to whom the case or matter is assigned shall pass an order transferring the entire case or matter to the State Court of Richmond County or to the superior court, if made necessary by the character of the relief sought, for all future action, unless the case shall be transferred back to the civil court by the higher court. After crediting the plaintiffs cost deposit to the clerk of civil court, the defendant shall be required to pay to the clerk of state and superior court any additional cost to file the pleadings and record in the higher court to which the defendant has required the case to be transferred."
4472 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 11. Said Act is further amended by striking Section 19, relating to certain proceedings in said court, and inserting in its place a new Section 19 to read as follows:
"Section 19. Civil matters involving claims, counterclaims, and other proceedings which do not exceed the jurisdiction of the magistrate court, even though directed to the civil court, shall be considered and dealt with and adjudged under the same rules, practice, and procedure applicable to cases filed and tried in the Magistrate Court of Richmond County and shall be transferred to the magistrate court unless a written demand for trial by jury is filed with the complaint or answer and the amount or value in controversy is $500.00 or greater."
Section 12. Said Act is further amended by striking Section 21, relating to jury trials, and inserting in its place a new Section 21 to read as follows:
"Section 21. Every civil case or proceeding which is filed and addressed to the civil court and which is not transferred to the magistrate court or a higher court shall be governed and disposed of in accordance with the `Georgia Civil Practice Act,' Chapter 11 of Title 9 of the O.C.G.A., and other rules and laws applicable to the state and superior courts. Either of the judges of the civil court may hear and decide any motion or objection presented at any stage of a case, and either of the judges may preside at the trial and enter an interlocutory order or final judgment, whichever the judge deems proper after each hearing or trial. No trial by jury shall be held in the civil court unless one of the parties demands the same in the original pleading filed by the party in the case or by exhibit attached or unless one of the parties demands jury trial by amendment to his pleading filed and presented to the court at least 48 hours before the time previously set by the court for trial of the case on its merits without a jury."
Section 13. Said Act is further amended by striking Section 22, relating to juries, and inserting in its place a new Section 22 to read as follows:
"Section 22. Every trial by jury in the Civil Court of Richmond County shall be before a jury of six members unless the amount or value in controversy exceeds $5,000.00 and one of the parties files a timely demand in writing for trial by a jury of 12. In all instances the manner of selecting a trial jury shall be governed by subsection (a) of Code Section 15-12-122 of the O.C.G.A."
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Section 14. Said Act is further amended by striking Section 27, relating to appellate and posttrial procedure, and inserting in its place a new Section 27 to read as follows:
"Section 27. From any final judgment of the civil court an appeal shall lie to the Court of Appeals of the State of Georgia under the same rules which apply to appeals from the state and superior courts."
PART III.
Section 15. The chief judge of the Civil Court and chief magistrate of Richmond County is vested with the authority to formulate and publish rules fixing the costs to be charged and collected by the officers of said courts within the limits allowed by law, which list of costs shall be entered in the minutes of each court; and copies of same shall be furnished to the other courts of said county and to any interested person upon request.
Section 16. In no event shall any item of costs exceed the amount charged by the clerk and other officers of the superior court and state court of said county for the same service in a civil case of the same character.
PART IV.
Section 17. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 18. All laws and parts of laws in 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 1984 Session of the General Assembly of Georgia, a Bill to enable the Magistrate Court of Richmond County to operate in conjunction with the Civil Court of Richmond County, Georgia; to provide for the Chief Judge and the Associate Judge of the Civil Court to serve as the Chief Magistrate and the Presiding Magistrate of Richmond County; to provide for the appointment of additional Magistrates; to provide for
4474 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
the duties and responsibilities, qualifications, term of office and compensation of magistrates; to provide for the Clerk, Marshal and other officers and employees of the Civil Court to be officers and employees of the Magistrate Court of said County; to amend all laws relating to the Civil Court of Richmond County, and, in particular, to amend the Act approved March 21, 1974, (Georgia Laws of 1974, Pages 2410-2432), relating to the establishment of the Civil Court of Richmond County, formerly the Municipal Court, City of Augusta, Richmond County, Georgia, so as to facilitate the operation of the Magistrate Court of said County to be operated in conjunction therewith; to clarify the dual functions and jurisdiction; to provide for the transfer of cases to and from other courts; to repeal conflicting laws; and for other purposes.
This 30th day of December, 1983.
J. Bacheller Flythe Chief Judge, Civil Court Richmond County, Georgia
Oliver K. Mixon Associate Judge, Civil Court Richmond County, Georgia
Affidavit of Publication.
Georgia, Richmond County.
Personally appeared, E. Arlyene Armstrong, who being duly sworn says that she is an officer of Southeastern Newspapers Corporation, publishers of Augusta Herald a daily newspaper in Augusta, in said State and County, and that the advertisement Notice - Local Legislation duly appeared in said newspaper on the following date to wit: January 5,1984.
/s/ E. Arlyene Armstrong Secretary
GEORGIA LAWS 1984 SESSION
Sworn to and subscribed before me, this 6th day of January, 1984.
/s/ Kristy J. Sample Notary Public, Richmond County, Georgia. My Commission Expires August 3, 1987. (Seal).
Approved March 21,1984.
4475
CITY OF BRUNSWICK -- ACT OF INCORPORATION AMENDED.
No. 1012 (House Bill No. 1491).
AN ACT
To amend an Act incorporating the City of Brunswick, approved August 27,1872 (Ga. L. 1872, p. 151), as amended, particularly by an Act approved November 12,1889 (Ga. L. 1889, p. 1010), and an Act approved August 11,1920 (Ga. L. 1920, p. 757), so as to change the requirements pertaining to advertising ordinances and bylaws; to change the date for holding municipal elections; to provide for other matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act incorporating the City of Brunswick, approved August 27,1872 (Ga. L. 1872, p. 151), as amended, particularly by an Act approved November 12, 1889 (Ga. L. 1889, p. 1010), and an Act approved August 11, 1920 (Ga. L. 1920, p. 757), is amended by striking Section XXXVI of said 1889 amendatory Act and inserting in lieu thereof a new Section XXXVI to read as follows:
4476 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
"Section XXXVI. Be it further enacted by the authority aforesaid, that no ordinance or bylaw of the Commission of said city and no resolution of the Commission of said city adopted for the purpose of raising revenue or imposing a penalty of any nature shall be effective unless a notice of intent to enact or adopt such ordinance, bylaw, or resolution shall have been published once during the calendar week preceding enactment or adoption thereof in the newspaper in which the legal advertising of said city is done; and provided, further, that no ordinance, bylaw, or resolution of the nature referred to hereinbefore shall be enacted or adopted except at a regular or adjourned regular meeting of the Commission of said city. The regular meetings of the Commission of said city shall be fixed by the Commission and changed from time to time by ordinance or resolution. It shall be the duty of the Commission of said city to select, as the official organ of said city, any newspaper which has a general circulation in the county of said city, and the Commission shall cause the proceedings of each meeting of the Commission, including the full text of every ordinance, bylaw, or resolution adopted at such meeting, to be published promptly in said newspaper."
Section 2. Said Act is further amended by adding at the end of Section 8 of said 1920 amendatory Act a new paragraph to read as follows:
"Beginning with the municipal election to be held in the year 1984, and thereafter, all elections for the offices of Mayor of the City of Brunswick and Commissioner of the City of Brunswick shall be held on the first Tuesday in October of each year."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
Notice of Intent to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1984 Session of the General Assembly of Georgia a bill to amend the Charter of the City of Brunswick, so as to provide that the municipal election shall be held on the first Tuesday in October of each year, to
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change the requirements of the Charter pertaining to the advertisement of ordinances prior to and after the adoption thereof, and for other purposes.
This 26th day of January, 1984.
Homer L. Wilson City Manager, City of Brunswick, Ga.
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Norman "Shaw" McVeigh, who, on oath, deposes and says that he is Representative from the 155th 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 date: January 28, 1984.
/s/ Norman "Shaw" McVeigh Representative, 155th District
Sworn to and subscribed before me, this 2nd day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 21,1984.
4478 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
TAX COMMISSIONER OF COLUMBIA COUNTY -- COMPENSATION CHANGED.
No. 1013 (House Bill No. 1495).
AN ACT
To amend an Act placing the clerk of the Superior Court, the sheriff, and the tax commissioner of Columbia County on a salary basis, approved February 26,1965 (Ga. L. 1965, p. 2094), as amended, so as to change the compensation of the tax commissioner of Columbia County; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act placing the clerk of the Superior Court, the sheriff, and the tax commissioner of Columbia County on a salary basis, approved February 26,1965 (Ga. L. 1965, p. 2094), as amended, is amended by striking Section 3 in its entirety and inserting in lieu thereof a new Section 3 to read as follows:
"Section 3. The tax commissioner shall receive an annual salary in the amount of $25,200.00, payable in equal monthly installments from the funds of Columbia County. This salary shall be the sole compensation of the tax commissioner, and all other moneys collected by the tax commissioner shall be public funds. It is specifically provided that the salary provided in this section 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 commissions of tax commissioners, and those commissions allowed by Code Section 40-2-30 of the O.C.G.A., relating to certain commissions paid upon the issuance of license plates."
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 1984 SESSION
4479
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1984 session of the General Assembly of Georgia a bill to change the compensation of the tax commissioner of Columbia County; and for other purposes.
This 25th day of January, 1984.
Bill 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 date: January 25,1984.
/s/ William S. Jackson Representative, 83rd District
Sworn to and subscribed before me, this 3rd day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 21,1984.
4480 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
WILKINSON COUNTY -- COMPENSATION OF SHERIFF AND OF EMPLOYEES OF SHERIFF --
PERIODIC INCREASES.
No. 1014 (House Bill No. 1507).
AN ACT
To amend an Act placing the sheriff of Wilkinson County on an annual salary, approved March 24, 1965 (Ga. L. 1965, p. 2551), as amended by an Act approved April 10,1971 (Ga. L. 1971, p. 3913), an Act approved February 27, 1975 (Ga. L. 1975, p. 2554), an Act approved March 23,1977 (Ga. L. 1977, p. 3203), and an Act approved April 11,1979 (Ga. L. 1979, p. 3265), so as to change the salary of the sheriff; to provide for salaries of employees of the sheriff; to provide a method of periodic increases in salaries for the sheriff and employees of the sheriff; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act placing the sheriff of Wilkinson County on an annual salary, approved March 24, 1965 (Ga. L. 1965, p. 2551), as amended by an Act approved April 10,1971 (Ga. L. 1971, p. 3913), an Act approved February 27, 1975 (Ga. L. 1975, p. 2554), an Act approved March 23,1977 (Ga. L. 1977, p. 3203), and an Act approved April 11,1979 (Ga. L. 1979, p. 3265), is amended by striking Section 2 of said Act in its entirety and inserting in its place a new Section 2 to read as follows:
"Section 2. (a) Effective January 1, 1985, the sheriff of Wilkinson County shall receive an annual salary of not less than $23,400.00. The salary shall be paid in equal monthly installments by the governing authority of Wilkinson County from funds of the county.
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(b) On and after January 1,1986, when the governing authority of Wilkinson County grants a cost-of-living increase in the compensation of county employees, the average percentage by which the compensation of county employees is increased shall be applied to the then current salary of the sheriff, and the salary of said officer shall be increased by such average percentage; but if such average percentage is less than 3 percent, then a 3 percent increase shall be applied to the then current salary of the sheriff and the salary of said officer shall be increased by said 3 percent."
Section 2. Said Act is further amended by striking Section 4 in its entirety and inserting in its place a new Section 4 to read as follows:
"Section 4. (a) The sheriff shall have the authority to appoint such personnel as the sheriff shall deem necessary to discharge efficiently and effectively the duties of the office. The compensation of employees of the sheriff shall be set by the sheriff with the concurrence of the governing authority of Wilkinson County. Such compensation shall be paid in equal monthly installments by the governing authority from funds of the county.
(b) In addition to the authority granted to the sheriff under subsection (a) of this section, the sheriff is specifically authorized to employ the following personnel:
(1) Four deputies who shall be compensated in an amount not less than $13,543.00 per year;
(2) One deputy who shall perform the duties of jailer and be compensated in an amount not less than $13,543.00 per year as salary plus $300.00 per month as live-in expense allowance;
(3) One deputy who shall be compensated in an amount not less than $4,212.00 per year;
(4) One deputy who shall be compensated in an amount not less than $3,564.00 per year; and
(5) One clerk who shall be compensated in an amount not less than $9,593.00 per year.
4482 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(c) On and after January 1,1985, when the governing authority of Wilkinson 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 employees of the sheriff, and the salary of such employees shall be increased by such average percentage."
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 1984 session of the General Assembly of Georgia a bill to amend an Act placing the sheriff of Wilkinson County on an annual salary, approved March 24,1965 (Ga. L. 1965, p. 2551), as amended, so as to change the salary of the sheriff; to provide for salaries of employees of the sheriff; to provide a method of periodic increases in salaries for the sheriff and employees of the sheriff; and for other purposes.
This 9th day of January, 1984.
Kenneth W. Birdsong Representative, 104th 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 Wilkinson County News which is the official organ of Wilkinson County, on the following date: January 12, 1984.
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/s/ Kenneth W. Birdsong Representative, 104th District
Sworn to and subscribed before me, this 16th day of January, 1984.
/s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 28, 1984. (Seal).
Approved March 21,1984.
BOARD OF EDUCATION OF COFFEE COUNTY -- COMPENSATION OF MEMBERS.
No. 1015 (House Bill No. 1516).
AN ACT
To amend an Act creating a board of education for Coffee County, approved March 10,1970 (Ga. L. 1970, p. 2441), as amended, so as to change the compensation of the members of the board of education; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating a board of education for Coffee County, approved March 10,1970 (Ga. L. 1970, p. 2441), as amended, is amended by striking Section 4 of said Act and inserting in lieu thereof a new Section 4 to read as follows:
4484 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
"Section 4. The members of the board of education, including the chairman, shall each receive $200.00 per month as compensation for their services."
Section 2. This Act shall become effective on the first day 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 a notice of intent to introduce local legislation at the next session of the Georgia General Assembly. It pertains to a change in compensation for the elected Coffee County Board of Education; and for other purposes.
James C. Moore Representative
Publisher's Affidavit.
Personally appeared before the undersigned officer authorized by law to administer oaths in the State of Georgia, Tom Frier, Jr. who after being duly sworn, states that he is Publisher of The Douglas Enterprise, with principal offices in Douglas, Coffee County, Georgia, being the official organ of Coffee County and having general circulation within the area of Coffee County, and who further states the advertisement, a true copy of which is affixed hereto, was published in The Douglas Enterprise December 28,1983 and January 4,1984.
/s/ Tom Frier, Jr., Publisher The Douglas Enterprise
GEORGIA LAWS 1984 SESSION
Sworn to and subscribed before me, this 1st day of February, 1984.
/s/ Roberta Cato Notary Public, Georgia State at Large. My Commission Expires March 15, 1987. (Seal).
Approved March 21,1984.
4485
OGLETHORPE COUNTY -- OFFICE OF TAX COMMISSIONER CREATED.
No. 1016 (House Bill No. 1517).
AN ACT
To consolidate the offices of tax receiver and tax collector of Oglethorpe County into the office of tax commissioner of Oglethorpe County; to provide for the oath, rights, duties, and liabilities of said office; to provide for the election of the tax commissioner; to provide for terms of office; to provide for the method of filling vacancies; to provide for the compensation of the tax commissioner; to provide for personnel in the office of the tax commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. The offices of tax receiver and tax collector of Oglethorpe County are consolidated and combined into the one office of tax commissioner of Oglethorpe 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.
4486 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 Oglethorpe County in 1984. The person so elected shall take office on the first day of January following the election and shall serve until December 31,1988, and until a 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 Oglethorpe County and their terms of office shall continue 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 the 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. The tax commissioner shall be compensated on the basis of fees, commissions, and emoluments which the tax collector and tax receiver were previously entitled to receive and as established by general law.
Section 6. The tax commissioner shall have the authority to employ persons at the discretion of the tax commissioner. It shall be within the sole power and authority of the tax commissioner, during the term of office, to designate and name the person or persons who shall be employed, to prescribe their duties and assignments, and to remove or replace any of such employees at will and within the sole discretion of such officer. The governing authority shall have the authority to determine the compensation of persons employed by the tax commissioner.
Section 7. The compensation of all personnel and employees and the cost of data processing services shall be paid from any fees,
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commissions, or emoluments to which the tax commissioner is entitled. 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 the office of tax commissioner shall be furnished by the county and shall be paid from any funds of the county available for such purpose.
Section 8. This Act shall become effective January 1, 1985, except that the provisions of Section 2, relative to the election of the tax commissioner, shall become effective on April 1,1984.
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 1984 session of the General Assembly of Georgia a bill to consolidate the offices of Tax Receiver and Tax Collector of Oglethorpe County into one office of Tax Commissioner of Oglethorpe; and for other purposes.
This the 19th day of December, 1983.
Board of Commissioners of Oglethorpe County, Georgia
Georgia, Oglethorpe County.
Personally appeared before me, the undersigned authority, duly authorized to administered oaths, Ralph B. Maxwell, Jr., who, on oath, deposes and states that he is the publisher of the Oglethorpe Echo, 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: Dec. 2229,1983-Jan. 5-12,1984.
4488 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
/s/ Ralph B. Maxwell, Jr.
Sworn to and Subscribed before me, this 31st day of January, 1984.
/s/ Judy H. Paul Notary Public, Georgia State at Large. My Commission Expires 5-13-86. (Seal).
Approved March 21,1984.
STATE COURT OF CHATTOOGA COUNTY -- ACT CREATING AMENDED.
No. 1017 (House Bill No. 1079). AN ACT
To amend an Act creating the State Court of Chattooga County, approved March 29, 1983 (Ga. L. 1983, p. 4570), so as to correct an error in the description of the dates of election of the judge and solicitor of the court; to provide for the correct dates for the election of the judge and solicitor; to provide for clerical assistance for the solicitor; 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 Chattooga County, approved March 29,1983 (Ga. L. 1983, p. 4570), is amended by striking from subsection (a) of Section 12 the figure "1983" and inserting in its place the figure "1984", so that when so amended said subsection (a) shall read as follows:
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"(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 1984 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."
Section 2. Said Act is further amended by striking from subsection (a) of Section 13 the figure "1983" and the word "judge" and inserting in their respective places the figure "1984" and the word "solicitor", so that when so amended said subsection (a) shall read as follows:
"(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 1984 general election and at the general election to be held every four years thereafter for each succeeding term of four years, and said solicitor 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."
Section 3. Said Act is further amended by adding at the end of Section 13 a new subsection (e) to read as follows:
"(e) The solicitor shall be entitled to an allowance of $400.00 per month for the purpose of paying for clerical assistance necessary to the performance of his duties. Said allowance shall be used only for the purpose of paying for such clerical assistance and any part of such allowance not used for such purpose shall remain public funds of the county. No part of such allowance shall be retained by the solicitor as his personal funds. Such allowance shall be paid from county funds."
Section 4. All laws and parts of laws in conflict with this Act are repealed.
4490 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 1984 session of the General Assembly of Georgia a bill to amend an Act creating the State Court of Chattooga County, approved March 29, 1983 (Ga. L. 1983, p. 4570), so as to correct an error in the description of the dates of election of the judge and solicitor of the court; to provide for the correct dates for the election of the judge and solicitor; to provide for all related matters; to repeal conflicting laws; and for other purposes.
This 22 day of December, 1983.
John G. Crawford Representative, 5th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John G. Crawford, who, on oath, deposes and says that he 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 date: December 22,1983.
/s/ John G. Crawford Representative, 5th District
GEORGIA LAWS 1984 SESSION
Sworn to and subscribed before me, this 12th day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 21,1984.
4491
MUNICIPAL COURT OF COLUMBUS, GEORGIA -- COMPENSATION OF JUDGE, CLERK AND MARSHAL.
No. 1018 (House Bill No. 1444).
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 March 29, 1983 (Ga. L. 1983, p. 4443), so as to change the compensation of the judge, clerk, and marshal of the municipal 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 Municipal Court of Columbus, Georgia, approved August 12,1915 (Ga. L. 1915, p. 63), as amended, particularly by an Act approved March 29, 1983 (Ga. L. 1983, p. 4443), is amended by striking Section 10 in its entirety and inserting in lieu thereof a new Section 10 to read as follows:
"Section 10. The salary of the judge of said court shall be $31,000.00 per annum and shall be paid in equal monthly installments from the funds of Columbus, Georgia. Any sums received in the form
4492 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 judge's salary so that he will receive no additional compensation."
Section 2. Said Act is further amended by striking Section 11 in its entirety and inserting in lieu thereof a new Section 11 to read as follows:
"Section 11. The salary of the clerk of the said court shall be $20,500.00 per annum and shall be paid in equal monthly installments 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 clerk's salary so that the clerk will receive no additional compensation."
Section 3. Said Act is further amended by striking Section 12 in its entirety and inserting in lieu thereof a new Section 12 to read as follows:
"Section 12. The salary of the marshal of said court shall be $20,500.00 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 marshal's 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 marshal's salary so that the marshal will receive no additional compensation."
Section 4. This Act shall become effective July 1,1984.
Section 5. All laws and parts of laws in conflict with this Act are repealed.
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Notice of Intention to Introduce Local Legislation.
Notice is hereby given that application will be made at the January, 1984, session of the Georgia General Assembly for passage of a bill to amend the Act establishing Municipal Court of Columbus, Georgia (Ga. Law 1952, p. 2184; Ga. Laws 1983, p. 4443), as amended, to increase the salaries of the judge, clerk and marshal of the Municipal Court of Columbus, Georgia; to provide an effective date; and for other purposes.
This 4th day of January, 1984.
Charles T. Staples President, Columbus Lawyers Club
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 Enquirer which is the official organ of Muscogee County, on the following date: January 10, 1984.
/s/ Thomas B. Buck, III Representative, 95th District
4494 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 24th day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 21,1984.
SUPERIOR COURT OF CATOOSA COUNTY -- ALLOWANCE FOR CLERICAL HELP IN OFFICE
OF CLERK.
No. 1020 (House Bill No. 1521).
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 14,1983 (Ga. L. 1983, p. 3790), so as to increase the clerical help allowance 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 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 14, 1983 (Ga. L. 1983, p. 3790), is amended by striking from Section 3 the following:
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"$26,000.00", and inserting in lieu thereof the following:
"$55,000.00", so that when so amended Section 3 shall read as follows:
"Section 3. The maximum allowance to be paid for clerical help shall be:
Clerical help for the judge of the probate court
Clerical help for the clerk of the superior court
$ 17,000.00 per annum $ 55,000.00 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 2. This Act shall become effective on the first day 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.
4496 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 clerical allowance of the office of the Clerk of the Superior Court of Catoosa County, Georgia, and for other purposes, at the January, 1984 Session of the General Assembly of the State of Georgia.
This 4th day of January, 1984.
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 one time, on the issue dated, to-wit: January 11,1984.
/s/ Jim Caldwell
GEORGIA LAWS 1984 SESSION
Sworn to and subscribed before me, this the 13 day of Jan., 1984.
/s/ Juanita Caldwell Notary Public, Georgia State at Large. My Commission Expires April 22, 1985. (Seal).
Approved March 21,1984.
4497
SUPERIOR COURT OF WHITE COUNTY -- MANNER OF COMPENSATING CLERK CHANGED.
No. 1021 (House Bill No. 1524).
AN ACT
To abolish the present mode of compensating the clerk of the Superior Court of White County, known as the fee system; to provide in lieu thereof an annual salary; to provide for additional compensation; to provide that all fees, costs, or other emoluments of said officer shall become the property of the county; to provide for the collection of all such fees, costs, and emoluments; to provide for periodic statements; to provide for the payment of the operating expenses of said office; to provide for the employment of necessary personnel by said officer; to provide for the compensation for such personnel; to provide for the payment of bonds of the clerk and the clerk's personnel; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. The present mode of compensating the clerk of the Superior Court of White 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.
4498 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2. (a) The clerk of the Superior Court of White County shall receive an annual salary as provided by general law.
(b) The clerk shall receive an additional $2,400.00 per year for services as clerk of the Magistrate Court of White County, payable in equal monthly installments from county funds or twice monthly, at the discretion of the governing authority of White County.
Section 3. After January 1, 1985, the clerk shall diligently and faithfully undertake to collect all fees, forfeitures, commissions, costs, allowances, penalties, funds, moneys, and all other emoluments and perquisites formerly allowed him as compensation for services in any capacity and shall receive and hold the same in trust for said county as public moneys and shall pay the same into the county treasury on or before the fifteenth day of each month next following the month in which they were collected or received. At the time of each such monthly payment into the county treasury, the clerk of the superior court shall furnish the governing authority of the county a detailed, itemized statement, under oath, of all such funds received during the preceding month by such officer and paid into the county treasury. The statement shall show the respective amounts of money collected and the source thereof.
Section 4. (a) The clerk shall be authorized to employ deputies and other employees as follows:
(1) Two deputies, each of whom may be compensated in an amount not exceeding $12,000.00 per year; and
(2) One part-time employee who may be compensated in an amount not exceeding $800.00 per month.
(b) The compensation of personnel provided for by subsection (a) of this section shall be fixed by the clerk and shall be paid in equal monthly installments or twice monthly in equal installments, at the discretion of the governing authority of White County, from the funds of White County. With the approval of the governing authority of White County, the compensation of the deputies may be increased to an amount not exceeding $14,400.00 per year.
(c) Upon the recommendation of the clerk, the governing authority of White County may authorize the clerk to employ personnel in addition to those provided by subsection (a) of this section,
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either on a part-time or full-time basis. Subject to the approval of the governing authority of White County, the clerk shall fix the compensation of such additional personnel which shall be paid from the funds of White County.
(d) It shall be within the sole power of the clerk, during said officer's term of office, to designate and name the person or persons who shall be employed by such officer, to prescribe the duties and assignments of such employees, and to remove or replace any of such employees at will and within the sole discretion of said officer.
Section 5. The necessary operating expenses of the clerk's office, expressly including the compensation of all personnel and employees, shall be paid from any funds of the county available for such purpose. All supplies, materials, furnishings, furniture, utilities, 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 White County.
Section 6. The official bonds of the clerk, deputy clerk, assistants, and other personnel, as may be required by law, shall be procured by the clerk and the premiums and costs thereof shall be paid out of any county funds available for that purpose.
Section 7. This Act shall become effective on January 1,1985.
Section 8. All laws and parts of laws in conflict with this Act are repealed.
Notice of Intent to Introduce Local Legislation.
To set salaries for White County Offices: The Clerk of Court, White County, the Tax Commissioner, White County, to go in effect January, 1985.
Approved unanimously by the White County Board of Commissioners on January 17,1984.
4500 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William J. Dover, who, on oath, deposes and says that he is Representative from the 11th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the White County News which is the official organ of White County, on the following date: January 26, 1984.
/s/ William J. Dover Representative, 11th District
Sworn to and subscribed before me, this 7th day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 21,1984.
LUMPKIN COUNTY WATER AND SEWERAGE AUTHORITY ACT.
No. 1022 (House Bill No. 1532). AN ACT
To create the Lumpkin County Water and Sewerage Authority; to authorize the authority to acquire, construct, add to, extend, improve,
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equip, operate, and maintain projects embracing sources of water supply and the distribution and sale of water and related facilities to individuals, private concerns, municipal corporations, the State of Georgia, and its political subdivisions and instrumentalities thereof; to authorize the authority to acquire, construct, add to, extend, improve, equip, operate, and maintain sewerage systems, both sanitary and storm, sewage disposal and sewage treatment plants, and any and all other related facilities; to confer powers and impose duties on the authority; to provide for the membership and the appointment of members of the authority and their terms of office, qualifications, duties, powers, method of filling vacancies, compensation, and expenses; to authorize the authority to contract with others pertaining to water and sewer utilities and facilities and to contract with others pertaining to the use of the utilities and facilities of the authority and to execute leases and do all things necessary or convenient for the operation of such undertakings or projects; to authorize the issuance of revenue bonds of the authority payable from the revenues, tolls, fees, charges, and earnings of the authority and to pay the cost of such undertakings or projects and authorize the collection and pledging of the revenues and earnings of the authority for the payment of such bonds; to authorize the execution of resolutions and trust indentures to secure the payment thereof and to define the rights of the holders of such obligations; to provide that no debt of Lumpkin County shall be incurred in the exercise of any of the powers granted by this Act; to make the bonds of the authority exempt from taxation; to authorize the authority to condemn property of every kind; to authorize the issuance of funding and refunding bonds; to fix and provide the venue and jurisdiction of actions relating to any provisions of this Act; to provide for the validation of bonds; to provide for severability; 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 Hj Short title. This Act shall be known and may be cited as the "Lumpkin County Water and Sewerage Authority Act."
Section 2. Lumpkin County Water and Sewerage Authority, (a) There is created a body corporate and politic, to be known as the "Lumpkin County Water and Sewerage Authority," which shall be
4502 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
deemed to be a political subdivision of the State of Georgia and a public corporation and by that name, style, and title said body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity. The authority shall have perpetual existence.
(b) The membership of the authority shall be composed as follows: one member shall be the commissioner of Lumpkin County; one member shall be the chairman of the Development Authority of Lumpkin County; and three members shall be appointed at large from the citizens of Lumpkin County by resolution of the governing authority of said county. With the exception of the posts occupied by the commissioner of Lumpkin County and the chairman of the Development Authority of Lumpkin County, the terms of the initial members of the authority shall be staggered terms of two, three, and four years, beginning on June 1, 1984. The initial members of the authority shall take office immediately upon their appointment and qualification and shall serve until their respective successors are duly appointed and qualified. Successors shall be appointed by the governing authority of Lumpkin County in the month of May immediately preceding the expiration of a member's term of office and such successor shall take office on the first day of June for a term of four years and until his respective successor is duly appointed and qualified. Any member of the authority may be selected and appointed to succeed himself. Immediately after such appointments, the members of such authority shall enter upon their duties. The members of the authority shall be entitled to reimbursement for their actual expenses necessarily incurred in the performance of their duties. The authority shall have the power to establish bylaws and to promulgate and adopt rules and regulations necessary or desirable for the management and operation of the authority.
(c) To be eligible for appointment as a member of the authority, a person shall be at least 21 years of age and a resident of Lumpkin County for at least one year prior to the date of his appointment and shall not have been convicted of a felony.
(d) The members of the authority shall in June of each year elect one of their number as chairman. Also, the members of the authority shall elect one of their number as vice chairman, shall also elect one of their number as secretary, and may also elect one of their number as treasurer. The secretary may also serve as treasurer. Each of such officers shall serve for a period of one year and until their successors
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are duly elected and qualified. The chairman of the authority shall be entitled to vote upon any issue, motion, or resolution.
(e) Three members of the authority shall constitute a quorum. No vacancy on the authority shall impair the right of the quorum to exercise all of the rights and perform all of the duties of the authority.
(f) In the event of a vacancy by reason of death, disqualification, resignation, or other reason, the governing body of Lumpkin County shall select and appoint a qualified person to fill the unexpired term of the member whose position has been vacated. A vacancy shall exist in the office of any member of the authority who is convicted of a felony or who enters a plea of nolo contendere thereto; who is convicted of a crime involving moral turpitude or who enters a plea of nolo contendere thereto; who moves his residence from the county; who is convicted of any act of misfeasance, malfeasance, or nonfeasance of his duties as a member of the authority; or who fails to attend any regular or special meeting of the authority for a period of three months without an excuse approved by a resolution of the authority.
(g) All meetings of the authority, regular or special, shall be open to the public. The authority may hold public hearings on its own initiative or at the request of residents of Lumpkin County or residents of any area affected by the actions of the authority.
(h) No member or employee of the authority shall have directly or indirectly any financial interest, profit, or benefit in any contract, work, or business of the authority nor in the sale, lease, or purchase of any property to or from the authority.
Section 3. Definitions. As used in this Act, the term:
(1) "Authority" means the Lumpkin County Water and Sewerage Authority created by this Act.
(2) "Cost of the project" means and embraces the cost of construction; the cost of all lands, properties, rights, easements, and franchises acquired; the cost of all machinery and equipment, financing charges, interest prior to and during construction and for one year after completion of construction; the cost of engineering, architectural, fiscal agents', and legal expenses, and of plans and specifications, and other expenses necessary or incident to determining the feasibility or practicability of the project, admin-
4504 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
istrative expenses, and such other expenses as may be necessary or incident to the financing herein authorized; the cost of the acquisition or construction of any project; the cost of placing any project in operation; and the cost of condemnation of property necessary for such construction and operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds issued under the provisions of this Act for such project.
(3) "Project" shall be deemed to mean and include the acquisition, construction, and equipping of water facilities for obtaining one or more sources of water supply, the treatment of water, and the distribution and sale of water to users and consumers, including, but not limited to, the State of Georgia and counties and municipalities for the purpose of resale, within and without the territorial boundaries of Lumpkin 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, construction, and equipping of all necessary and usual facilities useful and necessary for the gathering of waste matter of every type, including both individual and industrial, and the treatment of sewage of any and every type, including, but not limited to, the acquisition and construction of treatment plants, ponds, and lagoons, within and without the territorial boundaries of Lumpkin County, and the operation, maintenance, additions, improvements, and extensions of such facilities so as to assure an adequate sewerage system deemed by the authority necessary for the efficient operation of a sanitary and storm sewer system. Said water facilities and said sewerage facilities, at the discretion of the authority, may be combined at any time into a water and sewerage system as one revenueproducing undertaking and operated and maintained as such.
(4) "Revenue bonds" and "bonds" mean revenue bonds 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 any amendments thereto and, in addition, shall also mean obligations of the authority, the issuance of which are hereinafter specifically provided for in this Act.
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(5) Any project shall be deemed "self-liquidating" if, in the judgment of the authority, the revenues and earnings to be derived by the authority therefrom and all facilities used in connection therewith will be sufficient to pay the costs of operating, maintaining, repairing, improving, and extending the project and to pay the principal of and interest on the revenue bonds which may be issued to finance, in whole or in part, the cost of such project or projects.
Section 4. Powers. The authority shall have the power:
(1) To have a seal and alter the same at its pleasure;
(2) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character for its corporate purposes;
(3) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by condemnation in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, real property, or rights or easements therein, or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue, and to lease or make contracts with respect to the use of, or dispose of the same in any manner it deems to the best advantage of the authority, the authority being under no obligation to accept and pay for any property condemned under this Act except from the funds provided under the authority of this Act, and, in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action, or proceedings as may be just to the authority and to the owners of the property to be condemned, and no property shall be acquired under the provisions of this Act upon which any lien or other encumbrance exists unless at the time such property is so acquired a sufficient sum of money be deposited in trust to pay and redeem the fair value of such lien or encumbrance;
(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;
4506 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(5) To make contracts and leases and to execute all instruments necessary or convenient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be constructed, 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; and, without limiting the generality of the foregoing, authority is specifically granted to municipal corporations, counties, and other political subdivisions and to the authority to enter into contracts, lease agreements, or other undertakings relating to the furnishing of water and related services and facilities by the authority to such municipal corporations, counties, and political subdivisions or for the purchase of water by the authority therefrom for a term not exceeding 50 years, and also to enter into contracts, lease agreements, or other undertakings relative to the gathering of waste matter and the treatment of waste matter and sewage by the authority for such municipal corporations, counties, and political subdivisions or by such municipal corporations, counties, or political subdivisions for the authority. Likewise, without limiting the generality of the above and foregoing, the same authority above granted to municipal corporations, counties, political subdivisions, and to the authority relative to entering into contracts, lease agreements, or other undertakings is authorized between the authority and private corporations, both within and without the State of Georgia, and between the authority and public bodies, including counties and cities outside the State of Georgia;
(6) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects, as hereinabove defined, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds of the authority or from such proceeds and any grant or contribution from the United States of America or any agency or instrumentality thereof or from the State of Georgia or any agency or instrumentality thereof;
(7) To accept loans and grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof upon such terms and conditions as the United States of America or such agency or instrumentality may require;
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(8) To accept loans and grants of money or materials or property of any kind from the State of Georgia or any agency or instrumentality or political subdivision thereof upon such terms and conditions as the State of Georgia or such agency or instrumentality or political subdivision may require;
(9) To borrow money for any of its corporate purposes and to issue negotiable revenue bonds payable solely from funds pledged for that purpose and to provide for the payment of the same and for the rights of the holders thereof;
(10) To exercise any power usually possessed by private corporations performing similar functions, including the power to make short-term loans and approve, execute, and deliver appropriate evidence of such indebtedness, provided no such power is in conflict with the Constitution or general laws of this state; and
(11) To do all things necessary or convenient to carry out the powers expressly given in this Act.
Section 5. Revenue bonds. The authority, or any authority or body which has or which may in the future succeed to the powers, duties, and liabilities vested in the authority created hereby, shall have power and is authorized to provide by resolution for the issuance of negotiable revenue bonds of the authority for the purpose of paying all or any part of the cost as herein defined of any one or more projects. The principal of and interest on such revenue bonds shall be payable solely from the special fund hereby provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates per annum, payable at such time or times, shall mature at such time or times not exceeding 40 years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the authority, and may be redeemable before maturity, at the option of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution for the issuance of bonds.
Section 6. Same; form, denomination; registration; place of payment. The authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereon, which may be at any bank or trust company within or without the state. The bonds
4508 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
may be issued in coupon or registered form, or both, as the authority may determine, and provision may be made for the registration of any coupon bond as to principal alone and also as to both principal and interest.
Section 7. Same; signatures; seal. In case any officer whose signature shall appear on any bonds or whose facsimile signature shall appear on any coupon shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery. All such bonds shall be signed by the chairman of the authority and the official seal of the authority shall be affixed thereto and attested by the secretary of the authority and any coupons attached thereto shall bear the facsimile signatures of the chairman and the secretary of the authority. Any coupon may bear the facsimile signatures of such persons and any bond may be signed, sealed, and attested on behalf of the authority by such persons as at the actual time of the execution of such bonds shall be duly authorized or hold the proper office, although at the date of such bonds such person may not have been so authorized or shall not have held such office.
Section 8. Same; negotiability; exemption from taxation. All revenue bonds issued under the provisions of this Act shall have and are declared to have all the qualities and incidents of negotiable instruments under the laws of this state. Such bonds, their transfer, and the income therefrom shall be exempt from all taxation within the state.
Section 9. Same; sale; price; proceeds. The authority may sell such bonds in such manner and for such price as it may determine to be for the best interest of the authority. The proceeds derived from the sale of such bonds shall be used solely for the purpose or purposes provided in the resolutions and proceedings authorizing the issuance of such bonds.
Section 10. Same; interim receipts and certificates or temporary bonds. Prior to the preparation of any definitive bonds, the authority may, under like restrictions, issue interim receipts, interim certificates, or temporary bonds, with or without coupons, exchangeable for definitive bonds upon the issuance of the latter.
GEORGIA LAWS 1984 SESSION
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Section 11. Same; replacement of lost or mutilated bonds. The authority may provide for the replacement of any bonds or coupons which shall become mutilated or be destroyed or lost.
Section 12. Same; conditions precedent to issuance. Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things other than those proceedings, conditions, and things which are specified or required by this Act. In the discretion of the authority, revenue bonds of a single issue may be issued for the purpose of any particular project. Any resolution providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special meeting of the authority by a majority of its members.
Section 13. Credit not pledged. Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of Lumpkin County nor a pledge of the faith and credit of said county; but such bonds shall be payable solely from the fund hereinafter provided for and the issuance of such revenue bonds shall not directly, indirectly, or contingently obligate said county to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment. All such bonds shall contain recitals on their face covering substantially the foregoing provisions of this section.
Section 14. Trust indenture as security. In the discretion of the authority, any issuance of such revenue bonds may be secured by a trust indenture by and between the authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or without the state. Such trust indenture may pledge or assign fees, tolls, revenues, and earnings to be received by the authority. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for the protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority in relation to the acquisition of property, the construction of the project, the maintenance, operation, repair, and insuring of the project, and the custody, safeguarding, and application of all moneys, and may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects
4510 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
employed or designated by the authority, and satisfactory to the original purchasers of the bonds issued therefor, and may also require that the security given by contractors and by any depository of the proceeds of the bonds or revenues or other moneys be satisfactory to such purchasers, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this state to act as such depository and to furnish such indemnifying bonds or pledge such securities as may be required by the authority. Such indenture may set forth the rights and remedies of the bondholders and of the trustee and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation, and repair of the project affected by such indenture.
Section 15. To whom proceeds of bonds shall be paid. In the resolution providing for the issuance of revenue bonds or in the trust indenture, the authority shall provide for the payment of the proceeds of the sale of the bonds to any officer or person who, or any agency, bank, or trust company which, shall act as trustee of such funds and shall hold and apply the same to the purposes hereof, subject to such regulations as this Act and such resolution or trust indenture may provide.
Section 16. Sinking fund. The revenues, fees, tolls, and earnings derived from any particular project or projects, regardless of whether or not such fees, earnings, and revenues were produced by a particular project for which bonds have been issued, unless otherwise pledged and allocated, may be pledged and allocated by the authority to the payment of the principal and interest on revenue bonds of the authority as the resolution authorizing the issuance of the bonds or the trust instrument may provide. Such funds so pledged from whatever source received, including funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture into a sinking fund which shall be pledged to and charged with the payment of:
(1) The interest upon such revenue bonds as such interest shall fall due;
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(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 other investment charges; and
(4) Any premium upon bonds retired by call or purchase as hereinabove provided.
The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be maintained as a trust account for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or in the trust indenture, any surplus moneys in the sinking fund may be applied to the purchase or redemption of bonds, and any such bonds so purchased or redeemed shall forthwith be canceled and shall not again be issued.
Section 17. Remedies of bondholders. Any holder of revenue bonds issued under the provisions of this Act or any of the coupons appertaining thereto and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted hereunder or under such resolution or trust indenture and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture to be performed by the authority or any officer thereof, including the fixing, charging, and collecting of revenues, fees, tolls, and other charges for the use of the facilities and services furnished.
Section 18. Refunding bonds. The authority is authorized to provide by resolution for the issuance of bonds of the authority for the purpose of funding or refunding any revenue bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon and premium, if any. The issuance of such funding or refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the authority in respect to the same shall be governed by the foregoing provisions of this Act insofar as the same may be applicable.
4512 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 19. Validation. Bonds of the authority shall be confirmed and validated in accordance with the procedure of the Revenue Bond Law, as amended. The petition for validation shall also make party defendant to such action the State of Georgia or any municipality, county, authority, political subdivision, or instrumentality of the State of Georgia which has contracted with the authority for the services and facilities of the project for which bonds are to be issued and sought to be validated and the state or such municipality, county, authority, political subdivision, or instrumentality shall be required to show cause, if any exists, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the contract or contracts adjudicated as a part of the basis for the security for the payment of any such bonds of the authority. The bonds when validated and the judgment of validation shall be final and conclusive with respect to such bonds and the security for the payment thereof and interest thereon and against the authority issuing the same and the state and any municipality, county, authority, political subdivision, or instrumentality, if a party to the validation proceedings, contracting with the said Lumpkin County Water and Sewerage Authority.
Section 20. Venue and jurisdiction. Any action to protect or enforce any rights under the provisions of this Act or any suit or action against such authority shall be brought in the Superior Court of Lumpkin 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. Interest of bondholders protected. While any of the bonds issued by the authority remain outstanding, the powers, duties, or existence of said authority or its officers, employees, or agents shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds. No other entity, department, agency, or authority will be created which will compete with the authority to such an extent as to affect adversely the interest and rights of the holders of such bonds, nor will the state itself so compete with the authority. The provisions of this Act shall be for the benefit of the authority and the holders of any such bonds, and, upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds.
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Section 22. Moneys received considered trust funds. All moneys received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenue, income, fees, and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act.
Section 23. Purpose of the authority. Without limiting the generality of any provision of this Act, the general purpose of the authority is declared to be that of acquiring an adequate source or sources of water supply, treatment of such water, and thereafter the distribution of the same to the various municipalities and citizens in Lumpkin County and environs, including adjoining counties and municipalities located therein, and further for the general purpose of gathering and treatment of waste, both individual and industrial; but such general purpose shall not restrict the authority from selling and delivering water directly to consumers in those areas where there does not now exist water distribution systems or furnishing sewer facilities to such customers and areas where neither any county nor municipality deems it desirable or feasible to furnish water in such locality.
The authority shall also have the authority, where it deems it feasible, to sell its products and services to customers, governmental agencies, or governmental instrumentalities of adjoining states, providing the laws of the adjoining states do not prohibit or tax said activity.
The authority shall not have the authority to construct water lines for the distribution of water directly to customers within any municipality without first obtaining the express written consent of the appropriate governing body of said municipality and, likewise, the authority shall not have the authority to construct sewer lines for the collection of waste and sewage directly to customers within any municipality without first obtaining the express written consent of the appropriate governing body of said municipality.
Section 24. Rates, charges, and revenues; use. The authority is authorized to prescribe and fix rates and to revise the same from time to time and to collect fees, tolls, and charges for the services, facilities, and commodities furnished and, in anticipation of the collection of the revenues of such undertaking or project, to issue revenue bonds as herein provided to finance, in whole or in part, the cost of the acquisition, construction, reconstruction, improvement, betterment, or extension of a water system, a sewerage system, or a combined
4514 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
water and sewerage system, and to pledge to the punctual payment of said bonds and interest thereon, all or any part of the revenues of such undertaking or project, including the revenues of improvements, betterments, or extensions thereto thereafter made.
Section 25. Rules and regulations for operation of projects. It shall be the duty of the authority to prescribe rules and regulations for the operation of the project or projects constructed or acquired under the provisions of this Act, including the basis upon which water service and facilities, sewerage service and facilities, or both, shall be furnished.
Section 26. Tort immunity. The authority shall have the same immunity and exemption from liability for torts and negligence as Lumpkin County; and the officers, agents, and employees of the authority when in the performance of the work of the authority shall have the same immunity and exemption from liability for torts and negligence as the officers, agents, and employees of Lumpkin County when in the performance of their public duties or work of the county.
Section 27. Powers declared supplemental and additional. The foregoing sections of this Act shall be deemed to provide an additional and alternative method for the doing of the things authorized thereby, shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing.
Section 28. 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 29. Effect on other governments. This Act shall not and does not in any way take from Lumpkin County or any municipality located therein or any adjoining county the authority to own, operate, and maintain a water system, a sewerage system, or a combined water and sewerage system or to issue revenue bonds as is provided by the Revenue Bond Law.
GEORGIA LAWS 1984 SESSION
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Section 30. Liberal construction of Act. This Act being for the welfare of various political subdivisions of the state and its inhabitants shall be liberally construed to effect the purposes hereof.
Section 31. Effective date. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 32. Repealer. All laws and parts of laws in conflict with this Act are repealed.
Notice.
Notice is hereby given that there will be introduced at the 1984 session of the Georgia General Assembly, a bill to create the Lumpkin County Water and Sewerage Authority.
J. B. Jones Commissioner, Lumpkin County
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 Dahlonega Nugget which is the official organ of Lumpkin County, on the following date: January 26, 1984.
/s/ Carlton H. Colwell Representative, 4th District
4516 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 7th day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 21,1984.
CLAYTON COUNTY -- COMPENSATION OF TAX COMMISSIONER AND DEPUTY COMMISSIONER.
No. 1023 (House Bill No. 1534).
AN ACT
To amend an Act consolidating the offices of tax receiver and tax collector of Clayton County into the office of tax commissioner, approved August 18,1925 (Ga. L. 1925, p. 600), as amended, particularly by an Act approved March 14,1983 (Ga. L. 1983, p. 3631), so as to change the provisions relative to the compensation of the tax commissioner; to change the provisions relative to the compensation of the deputy tax commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act consolidating the offices of tax receiver and tax collector of Clayton County into the office of tax commissioner, approved August 18,1925 (Ga. L. 1925, p. 600), as amended, particularly by an Act approved March 14, 1983 (Ga. L. 1983, p. 3631), is amended by striking from subsection (b) of Section 7 the following:
GEORGIA LAWS 1984 SESSION
4517
"$30,770.25",
and inserting in lieu thereof the following:
"$32,325.00",
so that when so amended said subsection (b) shall read as follows:
"(b) The tax commissioner of Clayton County shall receive an annual salary of $32,325.00 which shall be paid in equal monthly installments from the funds of Clayton County."
Section 2. Said Act is further amended by striking from subsection (b) of Section 7A the following:
"$22,575.00",
and inserting in lieu thereof the following:
"$24,850.00",
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 $24,850.00 per annum, payable in equal monthly installments from the funds of Clayton County."
Section 3. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1984 session of the General Assembly of Georgia a bill to consolidate the offices of tax receiver and tax collector of Clayton County into the
4518 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
office of tax commissioner, approved August 18,1925 (Ga. L. 1925, p. 600), as amended; and for other purposes.
This 31st day of January, 1984.
The Clayton County Legislative Delegation
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Frank I. Bailey, Jr., 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 date: January 31, 1984.
/s/ Frank I. Bailey, Jr. Representative, 72nd District
Sworn to and subscribed before me, this 6th day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 21,1984.
GEORGIA LAWS 1984 SESSION
4519
McDUFFIE COUNTY -- COMPENSATION OF SHERIFF AND EMPLOYEES OF SHERIFF.
No. 1024 (House Bill No. 1545).
AN ACT
To amend an Act placing the county officers of McDuffie County upon an annual salary, approved March 9,1959 (Ga. L. 1959, p. 2568), as amended, so as to change provisions relating to compensation of the sheriff and employees of the sheriff; to provide for employment of personnel by the sheriff; to provide for payment of office expenses; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act placing the county officers of McDuffie County upon an annual salary, approved March 9,1959 (Ga. L. 1959, p. 2568), as amended, is amended by striking in its entirety Section 3 and inserting in its place a new Section 3 to read as follows:
"Section 3. (a) Effective January 1,1985, the sheriff of McDuffie County shall receive an annual salary of $26,000.00, payable in equal monthly installments from the funds of the county.
(b) On and after January 1, 1986, the sheriff shall receive an annual increase in salary equal to 4 percent of his then current salary amount. This subsection shall not be interpreted so as to raise the salary of the sheriff above $31,000.00 per year."
Section 2. Said Act is further amended by striking in their entirety Section 3A, as enacted by an Act approved April 6,1973 (Ga. L. 1973, p. 2565), and Section 3A, as enacted by an Act approved March 31, 1976 (Ga. L. 1976, p. 3713) and inserting in their place a new Section 3A to read as follows:
"Section 3A. (a) The sheriff of McDuffie County shall be authorized to employ such personnel as are necessary to perform efficiently and effectively the duties of the office of sheriff. The compensation of such employees shall be set by the sheriff with the approval of the governing authority and paid by the governing authority from county funds in equal monthly installments.
4520 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(b) The governing authority of McDuffie County shall pay for and furnish the necessary office space, automobiles, uniforms, and other supplies and expenses associated with the operation of the office of the sheriff, including payment for expenses of operating the jail."
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 1984 session of the General Assembly of Georgia a bill to amend an Act placing the county officers of McDuffie County upon an annual salary, approved March 9,1959 (Ga. L. 1959, p. 2568), as amended, so as to change provisions relating to compensation of the sheriff and employees of the sheriff; to eliminate certain fees and allowances; to provide for specific employment positions in the office of the sheriff; to provide for payment of office expenses; and for other purposes.
This 30th day of January, 1984.
Warren D. Evans Representative, 84th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Warren D. Evans, who, on oath, deposes and says that he is Representative from the 84th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the McDuffie Progress which is the official organ of McDuffie County, on the following date: February 1, 1984.
GEORGIA LAWS 1984 SESSION
/s/ Warren D. Evans Representative, 84th District
Sworn to and subscribed before me, this 7th day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 21,1984.
4521
McDuffie county board of commissioners -- COMPENSATION AND ALLOWANCES OF MEMBERS.
No. 1025 (House Bill No. 1547).
AN ACT
To amend an Act creating a three-member board of commissioners for McDuffie County, approved February 16, 1955 (Ga. L. 1955, p. 2331), as amended, particularly by an Act approved March 18,1980 (Ga. L. 1980, p. 3259), so as to change provisions relating to the compensation and expense allowance of members of the board; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating a three-member board of commissioners for McDuffie County, approved February 16, 1955 (Ga. L. 1955, p. 2331), as amended, particularly by an Act approved March
4522 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
18,1980 (Ga. L. 1980, p. 3259), is amended by striking in its entirety Section 7 and inserting in its place a new Section 7 to read as follows:
"Section 7. (a) The chairman of the board shall receive a salary of $25,000.00 per year to be paid in equal monthly installments from the funds of McDuffie County. On and after January 1, 1986, the chairman shall receive an annual increase in salary equal to 4 percent of the then current salary of such officer, provided that the maximum annual salary allowable under this Act shall be $30,000.00 per year.
(b) The chairman shall devote his full time to the duties of his office.
(c) The remaining two members of the board shall each receive a salary of $3,600.00 per year to be paid in equal monthly installments from the funds of McDuffie County. The commission shall be authorized to set, in its discretion, an expense allowance amount for members of the board other than the chairman."
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 hereby given that there will be introduced at the regular 1984 session of the General Assembly of Georgia a bill to amend an Act creating a three-member board of commissioners for McDuffie County, approved February 16, 1955 (Ga. L. 1955, p. 2331), as amended, particularly by an Act approved March 18, 1980 (Ga. L. 1980, p. 3259), so as to change provisions relating to the compensation and expense allowance of members of the board; and for other purposes.
This 30th day of January, 1984.
GEORGIA LAWS 1984 SESSION
Warren D. Evans Representative, 84th District
4523
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Warren D. Evans, who, on oath, deposes and says that he is Representative from the 84th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the McDuffie Progress which is the official organ of McDuffie County, on the following date: February 1, 1984.
/s/ Warren D. Evans Representative, 84th District
Sworn to and subscribed before me, this 7th day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 21,1984.
4524 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
PROVISIONS FOR MAGISTRATE COURT OF McDuffie county.
No. 1026 (House Bill No. 1548).
AN ACT
To provide for the appointment of the chief magistrate of the Magistrate Court of McDuffie County by the judges of superior court; to provide for appointment of magistrates by the chief magistrate; to provide for compensation of the chief magistrate, magistrates, and other officials of the court; to provide for a constable; to provide for a clerk; 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 local prerogatives authorized by Chapter 10 of Title 15 of the O.C.G.A.
Section 2. The chief magistrate of the Magistrate Court of McDuffie County serving on the effective date of this Act shall continue in office until December 31, 1984. The first appointee as chief magistrate under this Act shall take office January 1, 1985. There shall be no election in 1984 for the office of chief magistrate in McDuffie County.
Section 3. (a) The chief magistrate of the Magistrate Court of McDuffie County shall be appointed for a term of four years by the majority vote of the judges of Superior Court for the Toombs Judicial Circuit. Any vacancy in the office of chief magistrate shall be filled in the same fashion as an original appointment but shall be filled for the unexpired term.
(b) The chief magistrate shall be compensated in an amount not less than $17,600.00 per year by the governing authority of McDuffie County, to be paid in equal monthly installments from county funds. The governing authority shall be authorized to supplement the salary of the chief magistrate, but no such supplement may be decreased during a term of office.
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Section 4. (a) The chief magistrate shall be authorized to set the number of magistrates needed for the Magistrate Court of McDuffie County and to appoint such magistrates. Both the number and appointment of magistrates shall be subject to the approval of a majority of the judges of Superior Court for the Toombs Judicial Circuit.
(b) A magistrate shall serve for a term concurrent with that of the chief magistrate. Any vacancy in the office of magistrate shall be filled in the same manner as an original appointment as provided in subsection (a) of this section.
(c) The compensation of a magistrate shall be set by the governing authority of McDuffie County. In no case shall such compensation be less than the compensation provided by general law. The governing authority shall be authorized to supplement the salary of a magistrate, but no such supplement may be decreased during a term of office.
Section 5. The chief magistrate shall be authorized to appoint a constable for the court. The office of constable shall be a part-time position. The chief magistrate shall set the compensation of the constable with the approval of the governing authority; such compensation shall be not less than $300.00 per month. In addition, the constable shall receive 20<t for each mile driven in his personal automobile in the performance of his duties.
Section 6. (a) The chief magistrate may, in his discretion, appoint a clerk for the court. Such clerk shall serve at the pleasure of the chief magistrate. If no clerk is appointed, the chief magistrate shall serve as clerk.
(b) If a clerk is appointed, the chief magistrate shall set the clerk's salary with the approval of the governing authority. Such salary shall be not less than $200.00 per month. If the chief magistrate serves as clerk, he shall be compensated in the amount of not less than $200.00 per month.
Section 7. All laws and parts of laws in conflict with this Act are repealed.
4526 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 1984 session of the General Assembly of Georgia a bill to provide for the appointment of the chief magistrate of the Magistrate Court of McDuffie County by the judges of superior court; to provide for appointment of magistrates by the chief magistrate; to provide for compensation of the chief magistrate, magistrates and other officials of the court; to provide for a constable; to provide for a clerk; and for other purposes.
This 30th day of January, 1984.
Warren D. Evans Representative, 84th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Warren D. Evans, who, on oath, deposes and says that he is Representative from the 84th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the McDuffie Progress which is the official organ of McDuffie County, on the following date: February 1, 1984.
/s/ Warren D. Evans Representative, 84th District
GEORGIA LAWS 1984 SESSION
Sworn to and subscribed before me, this 7th day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 21,1984.
4527
SUPERIOR COURT OF McDUFFIE COUNTY -- COMPENSATION OF CLERK.
No. 1027 (House Bill No. 1549).
AN ACT
To amend an Act placing the county officers of McDuffie County upon an annual salary, approved March 9,1959 (Ga. L. 1959, p. 2568), as amended, particularly by an Act approved April 11,1979 (Ga. L. 1979, p. 3994), so as to change the compensation provisions relating to the clerk of the Superior Court of McDuffie County; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act placing the county officers of McDuffie County upon an annual salary, approved March 9,1959 (Ga. L. 1959, p. 2568), as amended, particularly by an Act approved April 11,1979 (Ga. L. 1979, p. 3994), is amended by striking in its entirety Section 2 and inserting in its place a new Section 2 to read as follows:
"Section 2. (a) The clerk of the Superior Court of McDuffie County shall receive an annual salary of $23,500.00, payable in equal monthly installments from the funds of the county.
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(b) On and after January 1, 1986, the clerk shall receive an annual increase in salary equal to 4 percent of his then current salary amount. This subsection shall not be interpreted so as to raise the salary of the clerk above $30,000.00 per year.
(c) The clerk shall be authorized to employ one deputy clerk and a clerical assistant who shall receive an annual salary to be fixed by the governing authority of McDuffie County but which shall not be less than $4,800.00 and $3,600.00 per year, respectively. The clerk shall have the sole power and authority to employ and discharge such personnel within his office."
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 hereby given that there will be introduced at the regular 1984 session of the General Assembly of Georgia a bill to amend an Act placing the county officers of McDuffie County upon an annual salary approved March 9, 1959 (Ga. L. 1959, p. 2568), as amended, particularly by an act approved April 11,1979 (Ga. L. 1979, p. 3994), so as to change the compensation provisions relating to the Clerk of Superior Court of McDuffie County; and for other purposes.
This 30th day of January, 1984.
Warren D. Evans Representative, 84th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Warren D. Evans, who, on oath,
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deposes and says that he is Representative from the 84th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the McDuffie Progress which is the official organ of McDuffie County, on the following date: February t, 1984.
/s/ Warren D. Evans Representative, 84th District
Sworn to and subscribed before me, this 7th day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 21,1984.
MAGISTRATE COURT OF MILLER COUNTY -- PROBATE JUDGE DESIGNATED CHIEF MAGISTRATE.
No. 1028 (House Bill No. 1598).
AN ACT
To provide that the judge of the Probate Court of Miller County shall serve as chief magistrate of the Magistrate Court of Miller County; to provide for the term, filling of vacancies, and compensation of the chief magistrate; to provide an effective date; to repeal conflicting laws; and for other purposes.
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Be it enacted by the General Assembly of Georgia:
Section 1. It is the intent of this Act to implement certain local prerogatives authorized by Chapter 10 of Title 15 of the O.C.G.A.
Section 2. (a) The judge of the Probate Court of Miller County shall serve as chief magistrate of the Magistrate Court of Miller County. There shall be no separate election for the office of chief magistrate. The term of the chief magistrate shall be concurrent with the term of the judge of the probate court. In the event of a vacancy, the person assuming the position of judge of the probate court shall additionally assume the position of chief magistrate.
(b) The probate judge, for his services as chief magistrate, shall be compensated in an amount not less than $3,500.00 per annum nor more than $5,500.00 per annum to be fixed by the governing authority of Miller County, payable in equal monthly installments out of the funds of the county.
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.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1984 session of the General Assembly of Georgia a bill to provide that the judge of the Probate Court of Miller County shall serve as chief magistrate of the Magistrate Court of Miller County; to provide for the term, filling of vacancies, and compensation of the chief magistrate; to provide an effective date; and for other purposes.
This 31st day of January, 1984.
Ralph J. Balkcom Representative, 140th District
GEORGIA LAWS 1984 SESSION Publisher's Affidavit.
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Georgia, Miller County.
Before me, the undersigned officer duly authorized by law to administer oaths, personally appeared Terry Toole, Editor and Pubr lisher of the Miller County Liberal, who says on oath that the attached Notice of Intention to Introduce Local Legislation was duly published on February 2, 1984, in the Miller County Liberal, the newspaper in which Sheriffs advertisements for said county are published.
/s/ Terry Toole
Sworn to and subscribed before me, this 3rd day of February, 1984.
/s/ Debra C. Jones Notary Public My Commission Expires 8-6-85. (Seal).
Approved March 21,1984.
MAGISTRATE COURT OF SPALDING COUNTY -- COSTS, PRACTICES AND PROCEDURES. No. 1029 (House Bill No. 1616).
AN ACT
To provide for the imposition, collection, and disposition of costs in the Magistrate Court of Spalding County for the purpose of
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maintaining the county law library; to provide for practices and procedures in connection therewith; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. For the purpose of providing funds for the maintenance and operation of the county law library of Spalding County and for those uses specified in Code Section 36-15-7 of the Official Code of Georgia Annotated, a sum not to exceed $2.00, in addition to all other legal costs, may be charged and collected in each action or case, either civil, criminal, or quasi-criminal, filed in the Magistrate Court of Spalding County. The amount of such additional costs to be charged and collected in each such case shall be fixed by the chief judge of the Superior Court of Spalding County. The amount of such costs to be fixed by such judge may vary from the amount imposed in actions or cases in other courts within Spalding County. The clerk of the Magistrate Court of Spalding County shall collect such costs and remit them to the treasurer of the board of trustees of the county law library on the first day of each month. Except as provided in this section, Chapter 15 of Title 36 of the Official Code of Georgia Annotated shall be adhered to in all respects in connection with the imposition, collection, use, and disposition of such costs and the definitions, practices, and procedures contained in such chapter shall be applicable to the costs provided for in this section.
Section 2. This Act shall become effective on July 1,1984.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced in the regular 1984 session of the General Assembly of Georgia a bill to authorize an increase of $2.00 in the court costs of the Spalding County Magistrate
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Courts, said additional fee to be used for funding the Spalding County Law Library; to repeal conflicting laws and for other purposes.
This the 2nd day of February, 1984.
John L. Mostiler Representative, 75th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John L. Mostiler, who, on oath, deposes and says that he is Representative from the 75th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Griffin Daily News which is the official organ of Spalding County, on the following date: February 3, 1984.
/s/ John L. Mostiler Representative, 75th District
Sworn to and subscribed before me, this 13th day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 21,1984.
4534 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SPALDING COUNTY -- COMPENSATION OF CORONER.
No. 1030 (House Bill No. 1638).
AN ACT
To amend an Act abolishing the fee system as the mode of compensation of the coroner of Spalding County and providing in lieu thereof a salary for the compensation of such officer, approved March 6, 1962 (Ga. L. 1962, p. 3068), as amended, particularly by an Act approved February 28,1966 (Ga. L. 1966, p. 2561), an Act approved April 5,1971 (Ga. L. 1971, p. 3108), an Act approved March 30,1977 (Ga. L. 1977, p. 4238), an Act approved March 13,1978 (Ga. L. 1978, p. 3196), an Act approved April 11,1979 (Ga. L. 1979, p. 3452), and an Act approved April 6,1981 (Ga. L. 1981, p. 4129), so as to change the compensation of the coroner; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act abolishing the fee system as the mode of compensation of the coroner of Spalding County and providing in lieu thereof a salary for the compensation of such officer, approved March 6, 1962 (Ga. L. 1962, p. 3068), as amended, particularly by an Act approved February 28,1966 (Ga. L. 1966, p. 2561), an Act approved April 5,1971 (Ga. L. 1971, p. 3108), an Act approved March 30,1977 (Ga. L. 1977, p. 4238), an Act approved March 13,1978 (Ga. L. 1978, p. 3196), an Act approved April 11,1979 (Ga. L. 1979, p. 3452), and an Act approved April 6,1981 (Ga. L. 1981, p. 4129), 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 coroner of Spalding County shall be paid a monthly salary at the rate of $3,600.00 per annum, plus the additional sum of $150.00 per annum for each regular four-year term or part of such term which such officer has completed, which compensation shall be apportioned and payable for the remainder of the current year 1984 at said annual rate and shall be payable from the funds of Spalding County. In addition thereto, said officer shall receive $100.00 per month as an expense allowance to cover and provide in full for his expenses of travel within Spalding County each month,
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which allowance shall be payable from the funds of said county. Said compensation and expense allowance shall be payable in equal monthly installments, as accrued, on the last day of each month, which said compensation and expense allowance shall be in full payment of all services rendered by said officer and shall be inclusive. Said officer shall not receive any other compensation for services performed or for expenses of travel within Spalding County incurred by him as coroner of said county."
Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1984 session of the General Assembly of Georgia a Bill to change the compensation of the Coroner of Spalding County; to repeal conflicting laws and for other purposes.
This the 7th day of February, 1984.
Maureen C. Jackson Clerk of the Board of Commissioners of Spalding County
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John L. Mostiler, who, on oath, deposes and says that he is Representative from the 75th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Griffin Daily News which is the
4536 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
official organ of Spalding County, on the following date: February 9, 1984.
/s/ John L. Mostiler Representative, 75th District
Sworn to and subscribed before me, this 14th day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 21,1984.
CITY OF TALBOTTON -- NEW CHARTER. No. 1031 (House Bill No. 1640). AN ACT
To amend an Act providing a new charter for the City of Talbotton, approved April 10, 1971 (Ga. L. 1971, p. 3725), as amended, so as to completely revise the charter of the city and provide a new charter for said city; to define its limits; to provide a mayor for same; to define his powers and duties; to provide a clerk, chief of police, night policeman and other necessary officers for said city; to define their powers and duties; to provide how the revenue of said city shall be raised; to enable said city to levy special license taxes; to provide for the valuation of property for tax purposes; to enable said city to issue bonds; to define the power and authority of
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said city as a municipality; to provide for the maintenance of streets and cemeteries; to provide water and lights for said city; to provide for the registration of voters in said city; to provide for election of officers; to regulate any and all businesses of any kind or nature within said city; to provide for all matters relative thereto; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act providing a new charter for the city of Talbotton, approved April 10, 1971 (Ga. L. 1971, p. 3725), as amended, is amended by striking Sections 1 through 52 in their entirety. Said former provisions are hereby consolidated into and superseded by this Act which shall on and after its effective date constitute the charter of the City of Talbotton.
Section 2. From and after the passage and approval of this Act, the inhabitants of the territory now embraced in the corporate limits of the City of Talbotton in the County of Talbot and State of Georgia, be, and they are, hereby incorporated under the name and style of the City of Talbotton, and the said City of Talbotton is hereby chartered and continued a city under the corporate name of the "City of Talbotton", and by that name shall have perpetual succession, and is hereby invested with all the rights, powers and privileges incident to municipal corporation in this State; and all rights, powers, titles, property, easements and hereditaments, within or without its corporate limits, now belonging to the City of Talbotton, shall be, and are, hereby vested in said City of Talbotton, as created and reincorporated by this Act; the said City of Talbotton as incorporated in this Act may in its corporate name sue and be sued, contract and be contracted with, plead and be impleaded, have and use a common seal; make and enact, through its mayor and council all such ordinances, by-laws, rules, regulations, and restrictions for the transaction of its business, and peace, good order, health, welfare, and proper government of said city as to said mayor and council seem best and consistent with the Constitution and laws of the State of Georgia and of the United States. And said City of Talbotton shall have the right and power to purchase, hold, rent, lease, sell, exchange, enjoy, possess, and retain in perpetuity, or for any term of years, any property, estate or estates, real or personal, lands, tenements and hereditaments of whatsoever kind within or without the limits of said city for corporate purposes. Said City of Talbotton as incorporated by this Act, shall succeed to all rights of and is hereby expressly made responsible as a
4538 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
body corporate, for all the legal debts, liabilities and undertakings of the said City of Talbotton, its mayor and council, as a body corporate, as heretofore, and in previous Acts incorporated.
Section 3. The corporate limits of said City of Talbotton shall extend one mile in every direction from the courthouse of Talbot County, Georgia, now situated in said city.
Section 4. The municipal government of said City of Talbotton shall be, and is, hereby vested in a mayor and six councilmen. That the present mayor and the present aldermen of said town shall continue in the offices to which they were elected until the expiration of the term for which they were elected, and until their successors are elected and qualified, as the mayor and councilmen under this Act, and said mayor and aldermen shall have and exercise all the rights, powers, duties and authority conferred upon the mayor and councilmen under and by virtue of this new charter for said City of Talbotton. The present six aldermen becoming the six councilmen provided for by this Act.
Section 5. On the Tuesday after the first Monday in November, 1972, there shall be elected for said city, by the qualified voters therein, by ballot, a mayor and six councilmen. The six candidates for councilmen receiving the highest number of votes shall be elected as councilmen of the City of Talbotton. The mayor, and his successor, shall be elected for terms of two years each. The three councilmen receiving the highest number of votes shall be elected for terms of two years each, and until their successors are elected and qualified. The remaining three councilmen elected at that time shall be elected for terms of one year each, and until their successors are elected and qualified. Thereafter, three councilmen shall be elected on the Tuesday after the first Monday in November of each year and shall take office on January 1st of the next year to fill the vacancies of the then expiring terms of councilmen and shall be elected for terms of two years each, and until their successors are elected and qualified. The term of office of the mayor and councilmen elected under the provisions of this Act shall commence on January 1st following their election. The mayor and councilmen shall severally take and subscribe, before the Judge of the Probate Court of Talbot County, the Clerk of the Superior Court of Talbot County, some magistrate of said county, or the retiring mayor, the following oath of office, to wit: "I do solemnly swear that I will well and truly demean myself as mayor (or councilman, as the case may be) of the City of Talbotton for the
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ensuing term and that I will faithfully enforce the charter and ordinances of said city, to the best of my ability, without fear or favor, and in all my actions as mayor (or councilman) act as I believe for the best interests of said city, so help me God." Should the mayor or any councilman be absent from said meeting, he may take said oath of office as soon thereafter as possible. The mayor and council shall provide by ordinance for regular meetings not less than one a month and may hold such special or called meetings as the business of the city may require to be convened as provided by ordinance. In the event the office of mayor, or any one or more of the councilmen, shall become vacant by death, resignation, removal from the city, or otherwise, the mayor and council, or in case the mayor's office is vacant, the council, shall order an election for the purpose of filling such vacancy or vacancies, by giving notice such as may be provided by ordinance and by publication in a newspaper published in said city; and such election shall be held, returns made, and results declared in the same manner as in the regular election for mayor and councilmen as hereinafter prescribed; provided, that in case such vacancy or vacancies occur within sixty days preceding the regular municipal election in said city, then, in that event, the said vacancy or vacancies may be filled by the mayor and council, or by the mayor pro tern in case of a vacancy in the office of mayor, and persons so elected as councilmen or the mayor pro tern, as the case may be, are duly empowered and qualified to fill such vacancies until the regular election. Should the mayor or any member of the council fail or refuse to perform the duties of his office for a period of two consecutive months, provided such failure is not from providential causes, the office may be, in the discretion of the council, or the mayor and the remaining members of the council, declared by resolution vacant and the vacancy filled as before provided.
Section 6. All elections held under the provisions of this charter, and all elections in which any subject or question is submitted to the qualified voters of said City of Talbotton, shall be held pursuant to provisions of the Georgia Municipal Election Code. All elections shall be held at the City Hall in said City. The polls shall be opened at 7 o'clock a.m. and closed at 7 o'clock p.m., Georgia time. The person receiving a plurality of the legal votes cast for the particular office for which he is offering shall be elected. The managers for all elections held under the provisions of this charter shall be named and appointed by the mayor and council prior to the election, and the mayor and council shall determine and provide for the pay of the managers.
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Section 7. Any election contest shall be held pursuant to provisions of the Georgia Municipal Election Code.
Section 8. Any persons who shall have resided in said City one month prior to the election at which they offer to vote and who shall have registered as required by the registration laws or ordinances of said city, shall be qualified to vote at any election held under the provisions of this charter. In addition to such other qualifications as shall be hereinafter provided for office-holders of said city, no person shall hold any office in said city, elected by the people, who is not a qualified voter of said city.
Section 9. The City may maintain a Voter's Registration List or the Mayor and Council may elect to use the Voter's Registration List maintained by Talbot County.
Section 10. No person shall be eligible for the office of mayor or councilman of said city unless he shall have resided in said city not less than one year immediately next preceding his election, and shall be a qualified voter in municipal elections for officers of said city, and who has not been convicted and sentenced for any violation of the felony criminal laws of Georgia involving moral turpitude and who is entitled to register under the registration laws of said City.
Section 11. At the first regular meeting of the mayor and council, which shall be held on Tuesday following the second Saturday in January, or as soon thereafter as possible, the council shall elect one of their number mayor pro tempore, for a term of one year, who shall, in the absence or disqualification of the mayor or during vacancy in said office, perform and discharge all of the duties, and exercise all of the authority of the office of mayor, upon taking the usual oath. The mayor and council shall also, at said meeting, elect a clerk and treasurer, chief of police, and a night policeman, and as many other policemen as in their judgment shall seem necessary, a city attorney, if they deem one needed, and a board of health, and such other city officers as the mayor and council shall deem necessary in the government of said city, to be fixed by ordinance. Each of said officers shall take such oaths of office, given bonds, and perform such duties as shall be fixed by ordinance; provided, that all official bonds shall be payable to the mayor and his successors in office for the use of the City of Talbotton. Said mayor and council shall have power and authority in their discretion to suspend and remove such officers from office, or impose fines on said officers; provided, that before removal
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or fine, said officers shall be entitled to a hearing before the mayor and council on the charges preferred, under such rules as the mayor and council may fix. It shall be the duty of the mayor and council, prior to their election, to fix the salaries, fees, or compensation of all the officers, agents, or employees of said city. All of said officers, agents, and employees shall be elected or appointed for terms of one year, and until their successors are elected, appointed, and qualified. The salary of the mayor shall be fixed by ordinance at the last meeting of the mayor and council in each odd-numbered year, which said salary shall not be changed during the term for which a mayor is elected: Provided, that when the mayor and council fail to fix the salary of mayor he shall receive what he had been receiving prior to the time for fixing same.
Section 12. The mayor, or the mayor pro tern, and four councilmen shall constitute a quorum for the transaction of business, provided a less number shall have authority to compel the attendance of enough to constitute a quorum and a majority of the votes cast shall determine questions before them; provided, that the mayor or mayor pro tem, if he be presiding in the absence of the mayor, shall vote only in case of a tie vote, and provided, further, that all votes making appropriations of or authorizing the expenditure of city funds, or fixing the salaries of officers, agents or employees shall be by yeas and nays, duly recorded on the minutes, and shall require a majority of the members of the council in favor of it before it can become effective, and provided, further, that on any question any councilman may demand the yea and nay vote, and on such demand the vote shall be so taken and recorded on the minutes. The mayor or the mayor pro tem, when performing the duties of mayor, shall have veto power, and may veto any resolution or ordinance passed by the council, in which event the same shall not become a law or have the effect of a law, unless subsequently and at the next regular meeting thereafter it shall be passed over his veto by a two-thirds' vote of the entire council duly recorded on the minutes; but unless he shall file in writing with the clerk of said city his veto of any measure passed by the council with his reason for withholding his assent, within three days after its passage, the same shall become a law just as if signed and approved by said mayor, but he may approve the same in writing and the same shall go into effect immediately.
Section 13. The mayor of said city shall be the chief executive officer of the City of Talbotton. He shall see that all laws, ordinances, resolutions and rules of said city are faithfully, fully and impartially
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executed and enforced, and that all of the officers, employees, and agents of said city faithfully and impartially discharge the duties required of them. He shall have the general supervision and jurisdiction of the affairs of said city, and shall preside at all meetings of the council. He shall have the power to convene the council in extra session whenever, in his judgment, it becomes necessary, and shall do so whenever requested by two councilmen in writing. He shall be exofficio member of all boards authorized by law in said city now in existence or hereafter created.
Section 14. It shall be lawful for any police officer of said city, to arrest without warrant any person or persons, within the corporate limits of said city, who, at the time of said arrest, or before that time, has or have been guilty of violating any ordinance of said city, or who he has reasonable belief or reliable information has or have been guilty and to hold such person or persons so arrested until a speedy hearing of the matter before a proper officer can be had and to this end said arresting officers are authorized to imprison and confine any person arrested by them in the city jail or in the jail of Talbot County, for a reasonable length of time. The arresting officer shall give a written summons to each person so arrested, showing the offense charged and the time and place of the hearing on the offense. The chief of police and police officers of said city are authorized to the same extent as sheriffs of this State to execute warrants placed in their hands charging any person with violating the criminal laws of this State. The chief of police and police officers of said city are also authorized to arrest anywhere within this State any person charged with violating any ordinance of said city; provided, when arrest is not made within twenty four hours after the offense is committed, said chief of police and police officers are not authorized to arrest the offender outside the corporate limits of said city, except in obedience to written warrant signed by the Municipal Court Judge or other judicial officer. The said chief of police or any police officer may take bonds for the appearance of any person arrested by them for violations of city ordinances before the municipal court for trial, and all such bonds may be forfeited as hereinafter provided for forfeiture of appearance bonds by the Municipal Court Judge. The mayor and council of said city shall have power and authority to authorize and empower any police officer of said city to summon any or all bystanders to aid in the arrest of any person or persons violating any ordinance of said city or any criminal law of this State and to provide punishment for a person failing or refusing to obey such summons.
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Section 15. The mayor and council shall have power and authority to establish and prescribe by ordinance a fee and costs bill for the officers of said city. Said fees and costs, when collected shall be paid into the city treasury and accurate accounts kept thereof. All compensation of any paid officer or official of said city shall be by salaries fixed by ordinance, and regularly drawn from the treasury by the customary warrants, and no officer of said city shall receive or be entitled to receive any other compensation than as so fixed, nor any fees.
Section 16. Municipal Court. There is hereby established a court to be known as the Municipal Court of the City of Talbotton which shall have jurisdiction and authority to try offenses against the laws and ordinances of said city and to punish for a violation of the same. Such court shall have the power and authority to enforce its judgments by the imposition of such penalties as may be provided by law; to punish witnesses for nonattendance, and to punish also any person who may counsel or advise, aid, encourage or persuade another whose testimony is desired or material in any proceeding before said court, to go or move beyond the reach of the process of the court; to try all offenses within the territorial limits of the city constituting traffic cases which under the laws of Georgia are placed within the jurisdiction of municipal or police courts to the extent of and in accordance with the provisions of such laws and all laws subsequently enacted amendatory thereof. Said court shall be presided over by the judge of said court. In the absence or disqualification of the judge, the judge pro tern shall preside and shall exercise the same powers and duties as the judge when so acting. Should both the judge and judge pro tern become disqualified, then any member of the council may be designated to preside with the same powers and duties as the judge when so acting. No person shall be qualified or eligible to serve as judge unless he shall have attained the age of 21 years. The judge shall be appointed by the council and shall serve at the discretion of the council. The compensation of the judge shall be fixed by the council. The judge pro tem shall serve in the absence of the judge, shall have the same qualifications as the judge, shall be appointed by the council, and shall take the same oath as the judge. Before entering on 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. Said court shall be convened at such times as designated by ordinance or at such times as deemed
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necessary to keep current the dockets thereof. The municipal court shall try and punish for crimes against the City of Talbotton 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 $500.00 or 20 days in jail. The municipal 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, to sentence any offender upon conviction to labor in a city work gang or on the streets, sidewalks, squares, or other public works for a period not exceeding 90 days. The municipal court shall have the authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the cost of meals, transportation and caretaking of prisoners bound over to superior courts for violations of State law. The municipal court shall have authority to establish bail and recognizances to insure the presence of those charged with violations before said court, and shall have discretionary authority to accept cash or personal or real property as surety for appearance of persons charged with violations. Whenever any person shall give bail for his appearances and shall fail to appear at the time fixed for trial, his bond shall be forfeited by the judge presiding at such time, and an execution issued thereon by serving the defendant and his sureties with a rule nisi, at least two (2) days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial and if such defendant fails to appear at the time and place fixed for trial the cash so deposited shall be on order of the judge declared forfeited to the City of Talbotton, 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. The municipal court shall have the authority to bind prisoners over to the appropriate court when it appears by probable cause that a State law has been violated. 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. 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. The municipal court is specifically vested with all of the jurisdiction and powers throughout the entire area of the City of Talbotton granted by State laws generally to mayor's, recorder's and police courts, and particularly by such laws as authorize the abatement of nuisances. The right of appeal and any bond as may be
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required to secure the costs of appeal to the Superior Court of Talbot County from the municipal court shall lie in the same manner and under the same procedure as generally prescribed for appeals and appeal bonds from the court of probate. Provided, that any person who fails to file his appeal within 10 days of the date of his conviction shall be deemed to have waived any such right. An appeal to the superior court shall be a de novo proceeding. With the approval of the council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, however, that the council may adopt in part or in toto the rules and regulations relative to the procedure of the operation of the superior court under the general laws of the State of Georgia. The rules and regulations made or adopted for said court shall be filed with the city clerk, shall be available for public inspection, and, upon request, a copy shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings.
Section 17. Reserved.
Section 18. Be it further enacted, that the mayor and council of said city of Talbotton shall have power and authority to organize one or more work gangs and to confine persons therein who have been sentenced by the Municipal Court to work on the streets or public works of said City, and shall have power to make such rules and regulations as may be necessary and suitable for the care, safekeeping and control of such gangs, and to enforce same through its proper officers.
Section 19. The mayor and council are hereby authorized to adopt as the valuation of all property in the City of Talbotton, including, real, personal and intangible property, the values for such property as determined by the tax digest of Talbot County. Otherwise, the mayor and council shall elect a board of tax assessors for said city, to be composed of three citizens, qualified voters and freeholders in said city, whose duty it shall be to annually assess the true cash market value of all real estate situated in said city subject to taxation, and to make returns of the same to clerk of council at such times as may be fixed by ordinance by the mayor and council. At the first election under the provisions of this charter, one of said assessors shall be elected for one year, one for two years, and one for three years, and as these terms expire, their successors shall be elected for terms of three years. Vacancies in said board shall be filled by the
4546 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
mayor and council, as they occur. Each member of said board shall receive such compensation as may be fixed by the mayor and council, after the work of assessment for each year has been completed. Each assessor before entering upon his duties, shall take and subscribe the following oath: "I do solemnly swear that I will faithfully and impartially, without fear or favor, discharge the duties of Tax Assessor of the City of Talbotton, and assess all property in said city subject to taxation at its true cash market valuation, to the best of my skill and knowledge, so help me God."
Section 20. The mayor and council shall have authority and power to provide by ordinance when tax returns shall be made under the provisions of this charter, and to provide penalties for failure to make returns as required and to provide when and how taxes due said city shall become due and in what length of time and in what periods shall be paid, to fix a penalty for the non-payment of taxes when due, and to issue executions against all persons who do not pay their taxes by the time fixed by ordinance; provided, the time of payment and the closing of the tax books shall not be fixed later than December 20th of each year.
Section 21. For the purpose of raising revenues for the support and maintenance of the City of Talbotton and for keeping the streets and sidewalks in repair, and for other lawful purposes, the mayor and council of said city shall have full power and authority to assess, levy and collect an ad valorem tax on all real and personal property, and every other species of property in said city or owned or held therein subject to taxation, not to exceed ten mills. The said mayor and council shall have power and authority to provide by ordinance for the returns and assessments of all taxable property in said city, and to provide for neglect of refusal to comply with the same, as elsewhere provided in this Act.
Section 22. The mayor and council shall have full power and authority to require any and every person, firm, company or corporation, whether resident or non-resident of said city, who may engage in, prosecute or carry on any trade, business, calling, vocation or profession within the corporate limits of said city by themselves or by their agents, to register their names, business, calling, vocation or profession annually, and to require said person, firm, company or corporation to pay for said registration and for a license to prosecute, carry on or engage in such business, calling or profession, such amount as the mayor and council shall prescribe by ordinance; provided, that there
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shall be a separate license for each business, calling or vocation, and no person securing a license for any particular business, calling or vocation shall be allowed to carry on any other business, calling or license thereunder; provided, further, that no person shall carry on said business under said license at any other place except by special permit of the said mayor and council; said mayor and council shall have full power and authority to grant another person to continue the same business under the same license whenever said business shall have changed hands, but no person shall continue said business under said license without special permission from the mayor and council. The mayor and council may provide by ordinance for the punishment of all persons, firms, companies or corporations required by ordinance to register and secure and pay for said license, who fail to register, take out and pay for said licenses or who engage in or attempt to engage in such business, profession or occupation before compliance with the provisions of such ordinances. It shall not be within the power or authority of said City of Talbotton, its mayor and council, or any official therein, to give or grant any license to conduct or carry on any business, avocation, or calling in said city, in violation of the laws of this State in reference to the observation of the Sabbath day. The mayor and council shall have full power and authority to use the funds raised by means of issuing licenses under this section for any purpose termed extraordinary expenses under the statute laws of the State of Georgia, or they may use same for paying ordinary expenses of said city. They shall not be restricted in the use of said monies, so long as they are expended so as to produce public benefit to the citizens of the city as a whole. A separate account of all monies so raised shall be kept by the clerk and treasurer and any appropriations of same shall specify out of what funds it shall be paid.
Section 23. The Mayor and Council shall have full power and authority to acquire by gift, purchase or the exercise of the right of eminent domain, to construct, to reconstruct, to improve, to better and to extend any water system, sanitary sewer system, natural gas system, electric system or any other utility system wholly within or wholly without the City of Talbotton, Georgia, or partially within or partially without the City of Talbotton, Georgia; and to acquire by gift, purchase or the exercise of eminent domain, lands, easements, rights in lands and water rights in connection therewith either within or without the City of Talbotton, Georgia; and to provide by ordinance for the operation, maintenance, financing and rate structure for any such system.
4548 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 24. The mayor and council of said city shall have full, complete and exclusive control of the streets, alleys, sidewalks, parks and squares in said city and of the use thereof, and shall have full power and authority to condemn property for the purpose of laying out new streets, alleys, or sidewalks, and for widening, straightening and grading, or in any way changing the street lines and sidewalks of said city, and when said mayor and council desire to exercise the power and authority as to condemnation herein granted, it may be done, whether the lands to be condemned are in the hands of the owner, trustee, executor, administrator, guardian or agent, and shall be done only in the manner prescribed in Official Code of Georgia Annotated 22-1-2 et. seq. The mayor and council may abandon or discontinue such proceedings at any time upon payment of accrued costs. The mayor and council shall have full power and authority to remove or cause to be removed, any building, step, fence, tree, gate, post or other obstruction or nuisance in the streets, alleys, lanes, sidewalks or other public places in said city, and to enforce the provisions of this section by appropriate ordinance. The mayor and council shall have full and complete power to alter, change or reestablish the grade of any street or sidewalk, now or hereafter opened or laid out in said city, and said City of Talbotton shall not be held responsible to any abutting land owner for changing the level of said street or sidewalk when said street or sidewalk is improved thereby in the judgment of said mayor and council.
Section 25. The mayor and council shall have full power and authority, in their discretion and as hereinafter prescribed, to grade, pave, macadamize or otherwise improve the travel and drainage of the sidewalks, streets, squares, public alleys and lanes of said city, now or that may be hereafter opened, laid out or constructed, and to lay curbing along any of the sidewalks, streets, squares, or public alleys. In order to make effective the power and authority above given and to provide funds therefor, said mayor and council shall have full power and authority to assess the actual cost of paving sidewalks and placing curbing by the same, against the real estate abutting on the streets but only on the side of the street on which the sidewalk is improved, if on one side only; provided, always, that the property owner may be allowed to have this work done himself and pay for same, if done according to instructions of mayor and council or similar to the way the rest of said block is done. Said mayor and council shall have full power and authority to assess one-third of the cost of grading, paving, macadamizing, or otherwise improving any road way or street proper on the real estate abutting on one side of the street improved, and
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one-third of the cost on the real estate abutting on the other side of the street so improved; the real estate abutting on both sides of the streets shall not together be assessed more than two-thirds of the entire cost, in the discretion of the mayor and council; provided, that no curbing shall be laid and no sidewalk or street be paved or macadamized, nor no assessment made, under the authority, power, and provisions of this section, unless the person owning real estate which has at least two-thirds of the frontage on the sidewalks, or the street, or on the portion of the sidewalk or the street, the improvement of which is desired, shall in writing request the mayor and council to make such improvement, when said mayor and council may, in their discretion, provide by ordinance for such improvement, and provided, further, that no request shall be considered and no work done for less than an entire block. The amount of the assessment on each piece of real estate abutting on the sidewalks or sidewalk or street improved shall be a lien on said real estate from the date of the passage of the ordinance providing for the work and making the assessment, and the mayor and council shall have full power and authority to enforce the collection of any amount so assessed for such improvements or work done, either upon the sidewalks or streets, by execution to be issued by the clerk of the council against the real estate so assessed, and against the owner thereof at the date of the ordinance making the assessment, which execution may be levied by the chief of police of the city on such real estate, and after having advertised same and had other proceedings, as in the case of sale of realty for city taxes, the same may be sold at public outcry to the highest bidder, and such sale shall vest absolute title in the purchaser; provided, that the defendant shall have the right to file an affidavit denying that the whole or any part thereof is due, and stating what he admits to be due, if any, which amount so admitted to be due shall be paid before the affidavit, when received, shall be returned to the Superior Court of Talbot County and there tried and the issue determined, as in cases of illegality, and subject to all the penalties provided by law in cases of illegality for delay. The liens for assessment on abutting property, for street or sidewalk paving, curbing, macadamizing, grading, or drainage, shall have rank and priority of payment next in point of dignity to liens for taxes, such liens to date from the passage of the ordinance authorizing the execution of the work in each case.
Section 26. The mayor and council of said city shall have power and authority to provide for and regulate the curbs and gutters that empty into the sidewalks or streets of said city; to regulate or prohibit
4550 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
the use of the streets, alleys, sidewalks and public grounds for signs, sign posts, awnings, telegraph or telephone poles, wires for telegraph, telephone or electric lighting or power purposes, electric light or power poles, horse troughs or watering places, hitching posts or racks and for posting bills and advertising matter; to regulate or prohibit the carrying of hand bills, banners or placards on the streets, sidewalks or public places of said city, and the gathering or holding of public meetings for any purpose therein or thereon. Also, to compel any telegraph or telephone or electric light or power company having previously erected poles and wires in said city, to remove same to any reasonable location designated by the mayor and council, and in case such company shall fail or refuse to move the same to any location designated by the mayor and council, to remove same at the expense of such company and collect same by execution. The said mayor and council shall have power and authority to regulate, by ordinance, the speed at which automobiles, bicycles, and other vehicles of any description shall be driven over or through the streets, alleys, or public places in said city, and to prohibit their running on or using the sidewalks of said city, and to punish violations of such rules, regulations or ordinances as they may pass on this subject. Said mayor and council shall have power and authority to regulate the speed at which locomotives or trains shall run or be run within the corporate limits of said city, also the blowing of whistles and signals by locomotives, stationary engines and factories within the corporate limits, and also to prescribe by ordinance the length of time for which any railroad train or engine may obstruct or prevent passage of the public over any public crossing or street or sidewalk within said city.
Section 27. The mayor and council of said city shall have full power and authority to require the railroads running through said city or a portion thereof, to make and repair public crossings for pedestrians or vehicles over or across their several roads whenever and in such manner as said mayor and council shall deem necessary; to make or repair such crossings, or to open or keep open any street in said city crossing them; and the mayor and council may pass any ordinance needful for carrying out the provisions of this section.
Section 28. Whenever it shall be necessary, the mayor and council shall have full power and authority to lay out, construct and control all lines of water, gas and sanitary sewer pipes necessary for said city and to assess abutting land owners for the laying and constructing of same and shall have power and authority to collect said assessments in the way and manner provided for collecting
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assessments for street improvements set out in Section 25 of this Act. Said mayor and council shall have full power and control of said pipes and lines when so constructed and may make all needful rules and regulations for preserving same and keeping them in the most sanitary and best working condition.
Section 29. The mayor and council shall have full power and absolute authority to control by ordinance, all city pipes, sewers, water and gas lines, drains, private drains, water closets, privies, pig pens, cow pens, and the like, in said city, and to prescribe their location, structure and use, and to make such rules and regulations, and to pass such ordinances concerning them or their use, in all particulars, as may be deemed best for the preservation of the health of the community and comfort of the inhabitants of said city. The mayor and council shall have full power and authority to require all persons or owners of any of the above enumerated to keep same in a clean and sanitary condition and to punish said owners for a violation of any rule or regulation made in regard to same. Said mayor and council may, in their discretion, declare any of the above a public nuisance and proceed to have same abated.
Section 30. The mayor and council of said city shall have full power and authority to declare what shall be deemed a nuisance in said city, and to provide for the abatement of the same. The municipal court of said city shall have concurrent jurisdiction with the mayor and council with respect to the trial and abatement of all nuisances in said city.
Section 31. The mayor and council of said city may, in their discretion, enact any and all ordinances, rules and regulations necessary to lay out a fire district in said city, and to enlarge, change or modify the same from time to time, to prescribe how and of what material buildings within said district may be erected, how thick the walls shall be, the manner in which chimneys, flues, and stovepipes shall be constructed, and to make such reasonable rules, regulations and requirements, as they may deem necessary to, so far as possible, protect said city from danger from fire or to prevent or stop conflagration. They shall also have power and authority to order any changes in the construction or arrangements of chimneys, stovepipes or flues, or the removal thereof, when in their judgment the same are dangerous or likely to be so, and to compel the owner or occupant to make the changes or alterations ordered by proper ordinances, and collect any expenses incurred by the city, under any ordinances passed
4552 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
carrying out the powers granted under this section by execution as of collecting other costs due said city. The mayor and council may exercise general supervision over all buildings of every character in said city and may condemn dangerous walls or construction in any of the same, and shall have the power and authority to exercise said supervision by passing and enforcing suitable and reasonable ordinances. The mayor and council shall have power to regulate, control or forbid as a public nuisance, the establishment, location or operation, within said city, of any fertilizer factory, planing mill or other manufacturing establishment, shop or business, the conduct, establishment or operation of which disturbs, or interferes with the peace, comfort or health of citizens of said city or is calculated to damage or depreciate property for residential purposes.
Section 32. It shall be the duty of the mayor and council of said city to provide such fire protection thereof whenever, and as in their discretion, the city can afford or is able to support, and to this end shall have power and authority to organize, equip and support a fire department, volunteer or paid, and to make such appropriations therefor as they may deem advisable, providing needed buildings therefor, and to adopt and prescribe such ordinances and regulations as will best promote the objects of this section and afford protection from fire or conflagration, to property in said city.
Section 33. The mayor and council of said city shall have power and authority to provide for the inspection of steam boilers in said city, to regulate or prevent the storage of gunpowder, tar, pitch, rosin, coal, benzine, naptha, nitroglycerin, turpentine, cotton, petroleum, kerosene oil, dynamite, or other combustibles or explosive substances, materials, or liquids, within the city limits; and to regulate the use of lights in stores or shops or the building of bonfires; to regulate or prohibit the use of fireworks, fire crackers, torpedoes, sky rockets, Roman candles, the firing of guns, pistols and anvils, and to prohibit every kind of gaming and hunting within the corporate limits of said city.
Section 34. The mayor and council of said city shall have full power and authority to make and enforce all ordinances necessary or wisely precautionary for the prevention of any contagious or infectious disease or the spreading or communicating thereof; to declare, maintain and enforce quarantine rules or regulations in regard thereto, and to punish any violations of any of the said rules and regulations. They shall have power to compel all persons in said city,
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whether resident or sojourners, to be vaccinated and may provide vaccine and employ physicians, at the expense of the city, to vaccinate all persons who are unable to procure vaccination, and may by ordinance provide for persons failing or refusing to be vaccinated.
Section 35. The mayor and council shall have full power and authority to make all needful rules and regulations, for and concerning the cemeteries located within the corporate limits of said city; to maintain and keep same.
Section 36. The mayor and council of said city shall have full power and authority to adopt and enforce ordinances for the protection and preservation of shade trees on the streets, public places, cemeteries and parks in said city and to prevent the cutting, impairing or mutilation thereof by telephone, telegraph, electric light linemen or employees, or any other person, unless the same is done under and with the express and formal consent of the mayor and council or some officer appointed by them to direct the same and then, only when absolutely necessary for the public service or safety.
Section 37. The mayor and council of said city shall have full power and authority to protect by suitable ordinance and enforcement, all places of Divine Worship and all schools within said city, and to prohibit loitering or idling in or about the same or the grounds thereof; or any other conduct in or about the same tending to annoy the services or duties being carried on or performed therein, or the occupants of said institutions or the ground attached thereto. Said mayor and council shall also have power and authority by suitable ordinance to prevent and punish any boisterous, unseemly, indecent or disorderly conduct or behavior or any unseemly or improper gathering on the streets, sidewalks, alleys or public places or buildings or vacant property within said city or in or about or near any residence therein.
Section 38. The mayor and council shall have full power and authority to suppress lewd houses, lewdness and immoral conduct; gambling and gambling places, within the corporate limits of said city, and to this end may enact such ordinances and provide such penalties for violations thereof as they deem advisable or necessary to carry out the provisions of this section. Said mayor and council shall have power and authority upon proof of any house of ill-fame, bawdy house, lewd house, gambling place or house used for the purpose of illegal sale of any intoxicating drink in violation of the State Prohibi-
4554 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
tion Laws, to vacate and abate the same by causing the occupants thereof to be forcibly removed after three days' notice, and any property owner or agent who shall after notice of the character of the inmates, continue to rent or suffer the same to remain on said premises shall upon conviction in the mayor's court of said city, be punished as for a violation of the ordinances of said city relating to nuisances. To further enable the authority of said city to carry out any ordinance which may be passed upon this section, the police officers of the said city shall have full authority on reasonable suspicion to search any house or place for evidence of a violation of any ordinance passed under this section. Should they find any intoxicating liquors of any kind prohibited of sale by the State laws or any imitations of same, they shall have authority to seize same and destroy them. Said house or places described in this section being hereby declared to be a public nuisance.
Section 39. The mayor and council of said city shall have full power and authority to prohibit by ordinance the running at large in said city of horses, mules, cattle, hogs, sheep, goats, dogs, and all other animals or fowl and to prohibit the keeping of hogs within said city limits, or if allowed to be kept therein the mayor and council's discretion, to regulate the manner and place in which they may be kept. Also to impound all such animals when found upon the streets or public places or upon the property of persons other than the owners without permission or consent of the owners of such property, and to charge such fees for same as said mayor and council may prescribe, and in addition thereto, charge for the keep of animal so impounded. Should the owner of any such animal refuse to pay the impounding fee and costs of keeping said animal, the same may be sold at public outcry before the city hall and the proceeds applied to the payment of said fees and costs, under such rules and regulations as the mayor and council may prescribe by ordinance.
Section 40. Should any person violating any of the ordinances of said city flee from the jurisdiction thereof, he or she may be apprehended and arrested, wherever found in the state, and the warrants of the Municipal Judge or Judge Pro Tern, or any councilman of said city shall be sufficient authority for his or her return and trial upon the charge resting against such person, and should any person after trial and conviction escape, such person may be apprehended or arrested wherever found in this state and the warrant of either of the officials aforesaid, shall be sufficient authority for his or her arrest and return; all persons escaping from the custody of said
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city or its officers, may be tried for such escape and punished therefor not exceeding penalties hereinabove provided. The said mayor and council shall have full power and authority to provide for said city, a safe and suitable prison for the keeping and detention of prisoners and convicts of said city and of persons charged with a violation of the ordinances of said city before or after conviction, and to appoint a custodian or keeper thereof.
Section 41. The mayor and council shall, by ordinance, provide for the form of all accusations, affidavits and warrants to be issued in all trials or violations of the city ordinances, and the procedure in all such trials. All executions in favor of said city for the enforcement and collection of any fine, forfeiture, assessment, taxes or other claim, demanded on debt, shall be issued by the Clerk and bear teste in the name of the Municipal Judge, mayor or mayor pro tem, and shall be directed to the chief of police of said city, and to all and singular the sheriffs and constables of this State, and shall state for what issued and be made returnable to the mayor and council of said city ninety days after the issuing of the same; and it shall be the duty of the chief of police or other collecting officer, to levy the same and advertise the sale of any real or personal property so levied upon, in the same manner as sheriffs' sales of real property or constables' sales of personal property are required by law to be made. Any sales thereunder shall be made at the place and within the usual hours of sheriffs' and constables' sales, and under the same rules and regulations as govern sheriffs' and constables' sales of similar property. Whenever any real estate is sold for taxes the owner thereof shall have the privilege of redeeming it within one year by paying the purchaser the amount paid therefor, with ten per cent premium thereon and interest on said principal amount at the rate of 12 per cent per annum. All deeds to real estate shall be made and signed by the chief of police as deeds to real estate are made and signed by the sheriff.
Section 42. The mayor and council shall have full power and authority through a committee from its body, or by appointment of any other person, in their discretion and at any time they deem proper, to examine into the working or conduct and business of any officer or office in said city, and shall have power and authority to demand, send for and compel the presence of persons or the production of all books and papers, and to swear all persons summoned, as may be necessary or pertinent to said investigation. And it shall be the duty of the mayor and council, prior to the first regular meeting of the mayor and council, in each year, by suitable committees, or
4556 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
otherwise, to examine, and audit for the year ending on December 31st, preceding, all books, vouchers and papers of every official of said city or of any board thereof charged with the collection, keeping or expenditure of any public funds.
Section 43. The mayor and council shall prescribe by ordinance how and by whom purchases of supplies, materials and other necessary articles, for said city or for any department thereof, shall be made or contracted in behalf of said city, and no purchase or agreement or contract of purchase, made in any other manner or by any other person, than as prescribed in such ordinances, shall be valid or binding on said city.
Section 44. In case the mayor, or any councilman, while in office shall be guilty of malpractice or wilful neglect in office, or the abuse of the powers conferred upon him, or shall be guilty of any conduct unbecoming his station, or convicted and sentenced for violating any criminal law of this State involving moral turpitude, he shall be subject to be impeached by the mayor and council.
Section 45. It shall not be lawful for any official of said City of Talbotton to be interested directly or indirectly in any transaction with, sale to, work for or contract of the City of Talbotton or any department of government or service of said city, involving the expenditures of any public funds of said city in excess of $1,000.00 in any calendar quarter. Any violation of this section by the mayor or any councilman, or other officer of said city, shall on conviction thereof be punished as for a misdemeanor.
Section 46. After the close of each fiscal year, the clerk of the city shall make and submit to the mayor and council at the first regular meeting in the new year, a full tabular statement of the assets and resources and liabilities of the city, with an itemized estimate of the probable receipts, and of the probable necessary expenses for the coming year, and shall from month to month at the first regular meeting in each month of the mayor and council, submit a statement of all appropriations and expenditures made and authorized by the mayor and council to the end of the preceding month, chargeable against the estimated income for that year.
Section 47. Any of the officers of said City of Talbotton who may be sued for any act or thing done in his official capacity may be justified under this charter, and the provisions of this charter may be
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pleaded and shall be a full defense to any action brought against the mayor or council or other officers of said city or either of them, under and in accordance with the ordinances passed in pursuance thereof.
Section 48. The mayor and council of said City of Talbotton shall have power and authority to pass all ordinances that they may consider necessary for the peace and good order, health, prosperity, comfort and security of said city and the inhabitants thereof and that may be deemed necessary to foster and promote virtue and good morals in said city; to suppress lewdness, gaming, disorderly conduct and to enforce such laws and ordinances by such penalties as are authorized in this charter. The said mayor and council shall have full power and authority to adopt and enforce any and all ordinances they may consider advisable and necessary to carry out and execute the powers granted said city, and said mayor and council hereunder; to make and enforce such ordinances, rules and regulations for the government of their body, and all officers of said city, and to do any and all other acts and exercise all other powers conferred upon them by this Act or that may be done or exercised under the laws of this State conferring powers on municipal corporations and not inconsistent with the laws of this State.
Section 49. All ordinances, by-laws, rules and regulations heretofore adopted by the mayor and council of the City of Talbotton which are not in force and not inconsistent with nor repugnant to any provision of this Act shall remain in full force and effect under this charter, until repealed, altered or amended by the mayor and council.
Section 50. Authority to carry out and effectuate by ordinances, and to provide penalties for violations thereof, whenever in their discretion the mayor and council may deem it necessary, and all further powers granted to said City of Talbotton, as reincorporated under this Act, be and are, hereby expressly conferred on the mayor and council of said city in office, and their successors.
Section 51. The Mayor and Council of the Town of Talbotton shall have full power and authority to declare any business or calling that by reason of its nature might tend to increase idleness, a nuisance and refuse to grant a license to a person to pursue such calling or profession or to carry on such business within the corporate limits of said town.
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Section 52. All laws and parts of laws in 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 1984 session of the General Assembly of Georgia a bill to change the Charter of the City of Talbotton, Georgia, and for other purposes.
This the 9th day of February, 1984.
Eddie Bassett Mayor and Council of the City of Talbotton, Ga.
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 date: February 9, 1984.
/s/ Claude A. Bray, Jr. Representative, 91st District
GEORGIA LAWS 1984 SESSION
Sworn to and subscribed before me, this 14th day of February, 1984.
/s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 28, 1984. (Seal).
Approved March 21,1984.
4559
MAGISTRATE COURT OF WILKES COUNTY -- MANNER OF APPOINTMENT, COMPENSATION AND
DUTIES OF CHIEF MAGISTRATE.
No. 1032 (House Bill No. 1645).
AN ACT
To make provisions for the Magistrate Court of Wilkes County; to provide for the appointment and compensation of the chief magistrate; to provide for the appointment and compensation of the clerk of court; to provide for related matters; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. The chief magistrate of the Magistrate Court of Wilkes County to succeed the chief magistrate in office on the effective date of this Act and all future chief magistrates shall be appointed by the county governing authority of Wilkes County.
Section 2. The compensation of the chief magistrate shall be fixed by the governing authority of Wilkes County and shall be paid in equal monthly installments from funds of Wilkes County.
4560 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 3. The governing authority of Wilkes County may provide for the appointment of a clerk of magistrate court by the chief magistrate. If the governing authority does not provide for the appointment of a clerk of the magistrate court, then the chief magistrate shall also serve as clerk of the court. The compensation of the clerk of the magistrate court or of the chief magistrate for serving as clerk shall be fixed by the governing authority of Wilkes County.
Section 4. 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 1984 session of the General Assembly of Georgia, a bill to provide for the selection, terms of office, filling of vacancies, and compensation of the Chief Magistrate of the Magistrate Court of Wilkes County; to provide for legislative intent; and for other purposes.
This 4th day of February, 1984.
Ben Barron Ross Representative, 82nd District
Sam P. McGill Senator, 24th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ben Barron Ross, who, on oath, deposes and says that he is Representative from the 82nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the News Reporter which is the official organ of Wilkes County, on the following date: February 9,1984.
GEORGIA LAWS 1984 SESSION
/s/ Ben Barron Ross Representative, 82nd District
Sworn to and subscribed before me, this 14th day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 21,1984.
4561
MAGISTRATE COURT OF LAMAR COUNTY -- APPOINTMENT OF CHIEF AND OTHER MAGISTRATES.
No. 1033 (House Bill No. 1652).
AN ACT
To make provisions for the Magistrate Court of Lamar County; to provide for the appointment of the chief magistrate and other magistrates of Lamar County; 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 chief magistrate to succeed the chief magistrate of Lamar County in office on the effective date of this Act and future successors shall be appointed by the chief judge of Superior Court of Lamar County.
4562 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2. Any magistrates of Lamar County other than the chief magistrate shall be appointed by the chief magistrate with the approval of the chief judge of Superior Court of Lamar County.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Notice of Intention to Introduce Legislation.
Notice is hereby given that there will be introduced in the regular 1984 session of the General Assembly of Georgia a local law pertaining to the magistrate court of Lamar County as provided for in OCGA1510-20, and for other purposes on this the 2nd day of February, 1984.
Jimmie Burousas, Judge Chief Magistrate Lamar County, Ga.
Affidavit of Publisher.
Georgia, Lamar County.
Personally appeared before me the undersigned officer, duly authorized to administer oaths in said County and State, Walter B. Geiger, Jr., who, having been duly sworn, deposes and says on oath that he is Publisher of The Herald Gazette, that, as such, he is authorized to make this affidavit, and that the attached notice was published in The Herald Gazette, a local newspaper of general circulation in Lamar County, Georgia on Feb. 8,1984.
This 10th day of February, 1984.
/s/ Walter B. Geiger, Jr. Publisher
GEORGIA LAWS 1984 SESSION
Sworn to and subscribed before me, this 10th day of February, 1984.
/s/ Michele Bryan Notary Public, Lamar County, Georgia. My Commission Expires January 10, 1987. (Seal).
Approved March 21,1984.
4563
BOARD OF COMMISSIONERS OF TURNER COUNTY -- COMPOSITION -- ELECTION OF MEMBERS, ETC. -- REFERENDUM.
No. 1034 (House Bill No. 1656).
AN ACT
To amend an Act creating a board of commissioners of Turner County, approved August 18,1927 (Ga. L. 1927, p. 702), as amended, so as to change the composition of the board of commissioners; to change the provisions relating to the election of members of such board; to provide for the election of the chairman and vice-chairman of said board; to change the provisions relating to meetings of the board; to change the provisions relating to a quorum for board business; to provide for a referendum; to provide effective dates; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating a board of commissioners of Turner County, approved August 18,1927 (Ga. L. 1927, p. 702), as amended, is amended by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows:
4564 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
"Section 1. (a) There is established in Turner County 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, Turner County shall be divided into five commissioner districts as follows:
Commissioner District No. 1:
For a point of beginning first locate that point in the City of Ashburn, Turner County, Georgia, which is the intersection of the center line of Georgia State Highway 112 with the center line of U.S. Highway 41 said point being the POINT OF BEGINNING. From said point of beginning then travel in a southwesterly direction along the center line of said Georgia State Highway 112 to a point which is the intersection of the center line of said Georgia State Highway 112 with the center line of Jefferson Street; from said point then travel along the center line of Jefferson Street in a southeasterly direction to a point where the center line of Jefferson Street intersects with the center line of Harrison Avenue; from said point then travel along the center line of Harrison Avenue in a southwesterly direction to a point where the center line of Harrison Avenue intersects with the center line of Stevens Street; from said point then travel along the center line of Stevens Street in a southeasterly direction to a point where the center line of Stevens Street intersects with the center line of Madison Avenue; from said point then travel along the center line of Madison Avenue in a southwesterly direction to a point where the center line of Madison Avenue intersects with the center line of Harden Avenue; said point also intersecting with the city limits of the City of Ashburn, Georgia; from said point then travel in a southerly, and then easterly direction along the city limits for the City of Ashburn, Georgia, until said City limits intersects with a point which is the center line of Josella Road; from the said point then travel along the center line of Josella Road (said Josella Road as it leaves the City limits of Ashburn, Georgia, becoming more commonly known as the old Ashburn-Coverdale Road, a paved county road) southwesterly to a point where the center line of said road intersects with the center line of an unpaved county road number 208; from said point then travel in a westerly direction along the center line of said unpaved county road to a point which is the intersection of the center line of said unpaved county road with the center line of Georgia State Highway 112; from said point then travel along the center line of said Georgia State Highway 112 in a southwesterly direction to a point which is the intersection of the center line of said Georgia State
GEORGIA LAWS 1984 SESSION
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Highway 112 with the Turner County, Georgia-Worth County, Georgia-county line; from said point then travel along said county line in a westerly direction to a point which is the intersection of the southern county line of Turner County, Georgia, with the western county line of Turner County, Georgia; from said point then travel along said western county line in a northerly direction to a point which is the intersection of said western county line with a certain unpaved county road known as county road number 86; from said point then travel along the center line of said unpaved county road number 86 in an easterly direction to a point where said county road intersects with the City limits of the City of Ashburn, Georgia; from said point then travel along the City limits of the City of Ashburn, Georgia, in an easterly direction, then a northerly direction, then an easterly direction, until a point which is the intersection of said City limits with the center line of U.S. Highway 41; then travel along the center line of U. S. Highway 41 in a southeasterly direction and back to the point of beginning.
Commissioner District No. 2:
For a point of beginning first locate that point in the City of Ashburn, Turner County, Georgia, which is the intersection of the center line of Georgia State Highway 112 with the center line of U.S. Highway 41 said point being the POINT OF BEGINNING. From said point of beginning then travel in a southwesterly direction along the center line of said Georgia State Highway 112 to a point which is the intersection of the center line of said Georgia State Highway 112 with the center line of Jefferson Street; from said point then travel along the center line of Jefferson Street in a southeasterly direction to a point where the center line of Jefferson Street intersects with the center line of Harrison Avenue; from said point then travel along the center line of Harrison Avenue in a southwesterly direction to a point where the center line of Harrison Avenue intersects with the center line of Stevens Street; from said point then travel along the center line of Stevens Street in a southeasterly direction to a point where the center line of Stevens Street intersects with the center line of Madison Avenue; from said point then travel along the center line of Madison Avenue in a southwesterly direction to a point where the center line of Madison Avenue intersects with the center line of Harden Avenue; said point also intersecting with the City limits of the City of Ashburn, Georgia; then travel along the City limits of the City of Ashburn, Georgia, first in a southerly, then easterly direction until the City limits of the City of Ashburn, Georgia, intersects with the
4566 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
center line of Industrial Drive in the City of Ashburn, Georgia; then go northerly along the center line of Industrial Drive to a point which is the intersection of the center line of Industrial Drive with the center line of Whittle Circle; from said point then travel in a northwesterly direction along Whittle Circle to a point which is the intersection of the center line of Whittle Circle and the center line of Madison Avenue; from said point then travel along the center line of Madison Avenue in a southwesterly direction to a point which is the intersection of the center line of Madison Avenue with the center line of Lamont Street; from said point then travel along the center line of Lamont Street in a southeasterly direction to a point which is the intersection of the center line of Lamont Street to a center line of Haley Avenue; from said point then travel along the center line of Haley Avenue in a southwesterly direction to a point which is the intersection of the center line of Haley Avenue with the center line of Cleveland Street; from said point then travel along the center line of Cleveland Street in a southeasterly direction to a point which is the intersection of the center line of Cleveland Street with the center line of Jackson Avenue; from said point then travel along the center line of Jackson Avenue in a southwesterly direction to a point which is the intersection of the center line of Jackson Avenue with the center line of Johnson Street; from said point then travel along the center line of Johnson Street in a southeasterly direction to a point which is the intersection of the center line of Johnson Street and the center line of Wheeler Avenue; from said point travel along the center line of Wheeler Avenue in a southwesterly direction to a point which is the intersection of the center line of Wheeler Avenue with the center line of Gordon Street; from said point then travel in a southeasterly direction along the center line of Gordon Street to a point which is an intersection of the center line of Gordon Street with the center line of Adams Avenue; from said point then travel along the center line of Adams Avenue in a southwesterly direction to a point which is the intersection of the center line of Adams Avenue with the center line of U.S. Highway 41; from said point then travel along the center line of U.S. Highway 41 in a northwesterly direction and back to the point of beginning.
Commissioner District No. 3:
For a point of beginning first locate the point of intersection of the center of the right of way of U.S. Interstate Highway 75 with the Turner County, Georgia-Crisp County, Georgia county line, being the northern boundary of Turner County, Georgia, said point to be the
GEORGIA LAWS 1984 SESSION
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POINT OF BEGINNING. From said point of beginning then travel down the center of the right of way of U.S. Interstate Highway 75 southeasterly to a point where said center line intersects with the City limits of the City of Ashburn, Georgia; from said point then travel along the City limits of the City of Ashburn, Georgia in an easterly direction, then southerly direction, then westerly direction, to a point where said City limits intersects with the center line of Industrial Drive; from said point then travel on the center line of said Industrial Drive in a northerly direction to a point which is the intersection of the center line of Industrial Drive and the center line of Whittle Circle; from said point then travel in a northwesterly direction along Whittle Circle to a point which is the intersection of the center line of Whittle Circle and the center line of Madison Avenue; from said point then travel along the center line of Madison Avenue in a southwesterly direction to a point which is the intersection of the center line of Madison Avenue with the center line of Lamont Street; from said point then travel along the center line of Lamont Street in a southeasterly direction to a point which is the intersection of the center line of Lamont Street to the center line of Haley Avenue; from said point then travel along the center line of Haley Avenue in a southwesterly direction to a point which is the intersection of the center line of Haley Avenue with the center line of Cleveland Street; from said point then travel along the center line of Cleveland Street in a southeasterly direction to a point which is the intersection of the center line of Cleveland Street with the center line of Jackson Avenue; from said point then travel along the center line of Jackson Avenue in a southwesterly direction to a point which is the intersection of the centerline of Jackson Avenue with the center line of Johnson Street; from said point then travel along the center line of Johnson Street in a southeasterly direction to a point which is the intersection of the center line of Johnson Street and the center line of Wheeler Avenue; from said point travel along the center line of Wheeler Avenue in a southwesterly direction to a point which is the intersection of the center line of Wheeler Avenue with the center line of Gordon Street; from said point then travel in a southeasterly direction along the center line of Gordon Street to a point which is an intersection of the center line of Gordon Street with the center line of Adams Avenue; from said point then travel along the center line of Adams Avenue in a southwesterly direction to a point which is the intersection of the center line of Adams Avenue with the center line of U.S. Highway 41; from said point then travel along the center line of U.S. Highway 41 in a northwesterly direction to a point which is the intersection of the center line of U.S. Highway 41 with the City limits
4568 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
of the City of Ashburn, Georgia; from said point then travel along the City limits of the City of Ashburn, Georgia, in a westerly, then southerly, then westerly direction to a point on the western boundary of the City limits of the City of Ashburn, Georgia, where said western boundary intersects and joins with the center line of an unpaved county road number 86; then continue along said unpaved county road number 86 in a westerly direction to a point where said unpaved county road number 86 intersects with the western county line of Turner County, Georgia; from said point then travel along the western county line of Turner County, Georgia, in generally a northern direction until said western county line intersects with the northern county line of Turner County, Georgia; and from said point then travel along the northern county line of Turner County, Georgia, in an easterly direction and back to the point of beginning.
Commissioner District No. 4:
For a point of beginning locate the intersection of the center line of the right of way of U.S. Interstate Highway 75 with the Turner County, Georgia-Crisp County, Georgia, county line, said line being the northern boundary of Turner County, Georgia; said point being the POINT OF BEGINNING. From said point then travel southeasterly down the center line of the right of way of U.S. Interstate Highway 75 to a point where said center line intersects with the City limits of the City of Ashburn, Georgia; from said point then travel along said City limits of the City of Ashburn, Georgia, in an easterly, then southerly, then westerly direction to a point where the City limits of the City of Ashburn, Georgia, intersects with the center line of Industrial Drive; from said point then continue along Industrial Drive and the City limits of the City of Ashburn, Georgia, in a southerly direction to a point where the center line of Industrial Drive intersects with the center line of a paved county road commonly known as the Rock House Road; from said point then travel along the center line of said Rock House Road in an easterly direction to a point where the center line of said Rock House Road intersects with the center line of the right of way of U.S. Interstate Highway 75; from said point then travel along the center line of the right of way of U. S. Interstate Highway 75 in a southerly direction to a point which is the intersection of the center line of the right of way of U.S. Interstate Highway 75 with the center line of Georgia State Highway 32; from said point then travel along the center line of Georgia State Highway 32 easterly to a point which is the intersection of the center line of Georgia State Highway 32 and a certain county maintained paved
GEORGIA LAWS 1984 SESSION
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road known as county road number 3; from said point then travel along the center line of said county paved road number 3 in an easterly direction until a point past the termination of the pavement on said road at which point is the intersection of the center line of said road number 3 with the center line of a certain unpaved county road number 129; from said point then travel in a northeasterly direction along the center line of said unpaved county road number 129 to a point which is the center line of said unpaved county road number 129 and the center line of a certain unpaved county road number 130; from said point then travel along the center line of said unpaved county road number 130 in a northeasterly direction to a point which is the intersection of the center line of county road number 130 with the center line of a certain unpaved county road number 132; from said point then travel along the center line of county road number 132 in an easterly direction to a point which is the intersection of the center line of county road number 132 with the eastern county line of Turner County, Georgia, as it bounds on Irwin County, Georgia; from said point then travel along the county line of Turner County, Georgia, first in a northerly, then easterly, then northerly, then westerly, then northeasterly, then westerly, then southerly, then westerly and back to the point of beginning.
Commissioner District No. 5:
For a point of beginning first locate the intersection of the center line of Georgia Highway 112 with the southern county line of Turner County, Georgia, said point being the POINT OF BEGINNING. From said point of beginning then travel in a northeasterly direction along the center line of Georgia Highway 112 to a point which is the intersection of the center line of Georgia Highway 112 and the center line of a certain unpaved county road number 208; from said point then travel easterly along the center line of said unpaved county road number 208 to a point which is the intersection of the center line of said unpaved county road number 208 with the center line of a certain paved county maintained road commonly known as the old Coverdale Road (which is an extension of Josella Road running from the City of Ashburn); from said point then travel along the center line of the old Coverdale Road in a northeasterly direction to a point where the center line of said old Coverdale Road (Josella Road) intersects with the southern most City limits of the City of Ashburn, Georgia; from said point then travel along the City limits of the City of Ashburn, Georgia, in an easterly direction to a point where the City limits of the City of Ashburn, Georgia, intersects with the center line of Industrial
4570 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Drive and the center line of the county maintained paved road known as the Rock House Road; from said point then travel along the center line of said Rock House Road in an easterly direction to the point which is an intersection of the center line of said Rock House Road with the center line of the right of way of U.S. Interstate Highway 75; from said point then travel along the center line of the right of way of U.S. Interstate Highway 75 in a southerly direction to a point which is the intersection of the center line of the right of way of U.S. Interstate Highway 75 with the center line of Georgia State Highway 32; from said point then travel easterly along the center line of Georgia State Highway 32 to a point which is the intersection of the center line of Georgia State Highway 32 and a certain county maintained paved road known as county road number 3; from said point then travel along the center line of said county paved road number 3 in an easterly direction until a point past the termination of the pavement on said road at which point is the intersection of the center line of said road number 3 with the center line of a certain unpaved county road number 129; from said point then travel in a northeasterly direction along the center line of said unpaved county road number 129 to a point which is the center line of said unpaved county road number 129 and the center line of a certain unpaved county road number 130; from said point then travel along the center line of said unpaved county road number 130 in a northeasterly direction to a point which is the intersection of the center line of county road number 130 with the center line of a certain unpaved county road number 132; from said point then travel along the center line of county road number 132 in an easterly direction to a point which is the intersection of the center line of county road number 132 with the eastern county line of Turner County, Georgia, as it bounds on Irwin County, Georgia; from said point then travel along the county line of Turner County, Georgia, in a southerly direction then in a westerly direction, then a southerly direction, then a northwesterly direction along the flow of Daniels Creek, then a westerly direction and back to the point of beginning.
In the event any portion of Turner 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.
(b) All members of the board of commissioners shall not be less than 25 years of age and shall be qualified electors of Turner County.
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Each of the commissioners shall have been a resident of his respective commissioner district for at least 12 months prior to the date of taking office. In the event that any member ceases to be a resident of his respective commissioner district during his term of office, a vacancy shall be created and shall be filled in the manner hereinafter provided. Each of the members shall be elected by the qualified voters of Turner County residing within his respective commissioner district. In all elections conducted pursuant to this Act, each candidate shall designate, at the time of qualifying, the district from which he offers as a candidate. To be elected as a member of the board, a candidate must receive the highest number of votes cast for the seat he is seeking; and, at the same time, a candidate must receive a majority of the total votes cast for the election of a commissioner to that seat. In the event no candidate for a particular seat receives a majority of the votes for the seat he is seeking, a run-off election shall be conducted for that particular seat. All members shall be nominated and elected in accordance with the provisions of Chapter 2 of Title 21 of the O.C.G.A., the `Georgia Election Code,' as now or hereafter amended."
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) (1) The member from Commissioner District No. 1 shall be elected at the general election of 1984 and shall take office on January 1,1985, for an initial term of two years and until his successor is elected and qualified.
(2) The member from Commissioner District No. 2 shall be elected at the general election of 1984 and shall take office on January 1,1985, for a term of four years and until his successor is elected and qualified.
(b) (1) The present members of the board of commissioners shall be deemed to represent the commissioner district which number corresponds to the commissioner district of which such member is a resident.
(2) The current commissioner who is a resident of Commissioner District No. 3 and any successor filling a vacancy created by such member prior to the expiration of his term of office shall serve the remainder of his term which expires December 31,1988. The successor to such member shall be elected at the general
4572 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
election of 1988 and shall take office on January 1,1989, for a term of four years and until his successor is elected and qualified.
(3) The current commissioner who is a resident of Commissioner District No. 4 and any successor filling a vacancy created by such member prior to the expiration of his term of office shall serve the remainder of his term which expires December 31,1984. The successor to such member shall be elected at the general election of 1984 and shall take office on January 1,1985, for a term of four years and until his successor is elected and qualified.
(4) The current commissioner who is a resident of Commissioner District No. 5 and any successor filling a vacancy created by such member prior to the expiration of his term of office shall serve the remainder of his term which expires December 31,1986. The successor to such member shall be elected at the general election of 1986 and shall take office on January 1,1987, for a term of four years and until his successor is elected and qualified.
(c) Successors to the members elected pursuant to this section shall be elected at the general election immediately preceding the expiration of their respective terms of office and shall take office on the first day of January following their election for terms of four years and until their successors are elected and qualified."
Section 3. Said Act is further amended by striking Section 3 in its entirety and inserting in lieu thereof a new Section 3 to read as follows:
"Section 3. If a vacancy from death, resignation, removal from county, or otherwise occurs on said board of commissioners, the same shall be filled by appointment of the judge of the Superior Court of Turner County 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. Any person elected or appointed to fill a vacancy as provided by this section shall be subject to the same qualifications and residency requirements and shall be elected or appointed from the same district as the member who created the vacancy."
Section 4. Said Act is further amended by striking Section 5 in its entirety and inserting in lieu thereof a new Section 5 to read as follows:
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"Section 5. (a) The board of commissioners shall hold a regular meeting on the first Tuesday of each month at 9:00 A.M. The board may hold special meetings at any time and at any place within the county that its duties may require.
(b) At its regular meeting in January of 1985 and every two years thereafter, the commissioners shall organize by electing one of the members as a chairman and one as a vice-chairman. Nothing in this section shall prevent the reelection of any chairman or vice-chairman. The vice-chairman shall, in the absence or disqualification of the chairman or during the vacancy in the office of chairman, perform and discharge all the duties of chairman; and, in the event of a vacancy in the office of chairman or vice-chairman, the same shall be filled by the board at its next regular meeting. The chairman shall be the chief executive of the board. He shall see that all orders, resolutions, and rules of said board are faithfully filled and impartially executed and enforced and that all the officers, employees, and agents of said board faithfully and impartially discharge the duties required of them. He shall have the general supervision of the affairs of the county, acting under orders of the board, and shall preside at all meetings of the board. He shall have the power to convene the board in extra session upon his own motion or upon the written request of any two members of the board and shall do so whenever any two members make such request."
Section 5. Said Act is further amended by striking Section 14 in its entirety and inserting in lieu thereof a new Section 14 to read as follows:
"Section 14. The chairman and one other member of said board or, in the absence of the chairman, the vice-chairman and one other member of the board shall constitute a quorum for the transaction of any business of the board; provided, however, that, on and after January 1,1985, the chairman and two other members of said board or, in the absence of the chairman, the vice-chairman and two other members of the board shall constitute a quorum for the transaction of any business of the board. All votes of the board making appropriations, authorizing the expenditure of county funds, or fixing the salaries of officers, agents, or employees shall be ayes and nays duly recorded on the minutes; and, on any question or matter before the board, any member may demand an aye and nay vote and, on such demand, the vote shall be taken and recorded on the minutes."
4574 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 6. 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 Turner County to issue the call for an election for the purpose of submitting this Act to the electors of Turner County for approval or rejection. The superintendent shall set the date of such election for a day not less than 30 nor more than 45 days after the date of the issuance of the call. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Turner County. The ballot shall have written or printed thereon the words:
"( ) YES ( ) NO
Shall the Act providing for a five-member board of commissioners of Turner County and providing for the election of such members from districts be approved?"
All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect; otherwise it shall be void and of no force and effect.
The expense of such election shall be borne by Turner 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. Section 6 of this Act and the provisions of this Act relating to and necessary for the election of certain members of the board of commissioners of Turner County at the general election of 1984 shall become effective upon the approval of this Act by the Governor or upon its becoming law without his approval. This Act shall become effective for all purposes on or after January 1,1985.
Section 8. All laws and parts of laws in conflict with this Act are repealed.
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Notice of Intention to Introduce Local Legislation.
Notice is hereby given of the intention to introduce local legislation in the 1984 Session of the General Assembly of the State of Georgia to provide for increasing the number of commissioners on the Board of Commissioners of Turner County, Georgia, to provide for the election of said commissioners from individual districts, to provide for the number of said districts, to provide for the boundaries of such districts, to provide for the terms of office of said commissioners, to provide for the election of said commissioners, to provide for the selection of the Chairman of said Board of Commissioners, and for other such purposes.
This the 2nd day of February, 1984.
Board of Commissioners of Turner County, Georgia
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Earleen Sizemore, who, on oath, deposes and says that she is Representative from the 136th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Wiregrass Farmer which is the official organ of Turner County, on the following date: February 2, 1984.
/s/ Earleen Sizemore Representative, 136th District
4576 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 13th day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 21,1984.
BOARD OF EDUCATION OF UPSON COUNTY -- EDUCATION DISTRICTS CHANGED, ETC. -- REFERENDUM.
No. 1035 (House Bill No. 1658).
AN ACT
To amend an Act providing for the election of members of the board of education of Upson County, approved February 1,1974 (Ga. L. 1974, p. 2023), so as to change the composition of education districts; to provide for the manner of electing members from new education districts; to provide for an orderly transition of office; to provide for the chairman of said board; to provide for the filling of vacancies; to provide for a referendum; to provide for the submission of this Act to the Attorney General of the United States; 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 providing for the election of members of the board of education of Upson County, approved February 1,1974 (Ga. L. 1974, p. 2023), is amended by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows:
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"Section 1. The board of education of Upson County, Georgia, shall be composed of seven members to be elected as hereinafter provided. For the purpose of electing members of the board of education of Upson County, Upson County shall be divided into seven education districts as follows:
Education District No. 1 shall be composed of all that land within Upson County, Georgia, and excluding any land within the corporate limits of the City of Thomaston, more particularly described as follows:
Beginning at a point when the center line of Day Road intersects the northern boundary of Upson County; running thence in a southerly direction along the center line of said Day Road to its point of intersection with the center line of Atwater Road; thence in a southeasterly and easterly direction along the center line of said Atwater Road to its point of intersection with the center line of Norris Creek; thence in a southerly direction along the center line of Norris Creek to its point of intersection with the center line of Ten Mile Creek; then in a northwesterly direction along the center line of Ten Mile Creek to its point of intersection with the center line of Willingham Spring Creek; thence in a northwesterly direction along the center line of Willingham Spring Creek to its point of intersection with the center line of Willingham Spring Road; thence in a westerly direction along the center line of Willingham Spring Road to its point of intersection with the center line of Jeff Davis Road; thence in a westerly direction along the center line of Jeff Davis Road to its point of intersection with the center line of Skelton Road; thence in a southerly direction along the center line of Skelton Road to its point of intersection with the center line of Burkett Road; thence in a southerly direction along the center line of Burkett Road to its point of intersection with the center line of Pickard Road; thence in a southeasterly direction along the center line of Pickard Road to its point of intersection with the center line of Sunnyside Road; thence in a southerly direction along the center line of Sunnyside Road to its point of intersection with the center line of Georgia State Highway 36; thence in a southwesterly direction along the center line of Georgia State Highway 36 to its point of intersection with the center line of the Flint River; thence in a generally northwesterly direction along the center line of the Flint River to its point of intersection with the center line of Elkins Creek; thence in a northeasterly direction along the center line of Elkins Creek to its point of intersection with the northern boundary of Upson County; thence in an easterly direction along the northern boundary of Upson County to the point of beginning.
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Education District No. 2 shall be composed of all that land within Upson County, Georgia, and excluding any land within the corporate limits of the City of Thomaston, more particularly described as follows:
Beginning at the point of intersection of the center line of Jeff Davis Road with the center line of Skelton Road; thence in a southerly direction along the center line of Skelton Road to its point of intersection with the center line of Burkett Road; thence in a southerly direction along the center line of Burkett Road to its point of intersection with the center line of Pickard Road; thence in a southeasterly direction along the center line of Pickard Road to its point of intersection with the center line of Georgia State Highway No. 74; thence in a generally easterly direction along the center line of said Georgia State Highway No. 74 to its point of intersection with the center line of Potato Creek; thence along the center line of Potato Creek to its point of intersection with the center line of U. S. Highway 19; thence in a northerly direction along the center line of U.S. Highway 19 to its point of intersection with the center line of Atwater Road; thence westerly along the center line of Atwater Road to its point of intersection with the center line of Norris Creek; thence in a southerly direction along the center line of Norris Creek to its point of intersection with the center line of Ten Mile Creek; thence in a northwesterly direction along the center line of Ten Mile Creek to its point of intersection with the center line of Willingham Spring Creek; thence in a northwesterly direction along the center line of Willingham Spring Creek to its point of intersection with the center line of Willingham Spring Road; thence in a westerly direction along the center line of Willingham Spring Road to its point of intersection with the center line of Jeff Davis Road; thence in a westerly direction along the center line of Jeff Davis Road to the point of beginning.
Education District No. 3 shall be composed of all of that land within Upson County, Georgia, and excluding any land within the corporate limits of the City of Thomaston, more particularly described as follows:
Beginning at a point where the center line of Day Road intersects the northern boundary of Upson County; running thence in a southerly direction along the center line of said Day Road to its point of intersection with the center line of Atwater Road; thence in a southerly and easterly direction and along the center line of said Atwater Road to its point of intersection with the center line of U.S. Highway
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19; thence in a southerly direction along the center line of U.S. Highway 19 to its intersection with Potato Creek; thence in a generally easterly direction along the northern boundary of the current corporate limits of the City of Thomaston to the point where the center line of the Central of Georgia (Southern Railway) Railroad right-of-way intersects said corporate limits of the City of Thomaston; thence in a northeasterly direction along the center line of the said Central of Georgia (Southern Railway) Railroad right-ofway to the point of intersection of said railroad right-of-way with the present corporate limits of The Rock, Georgia; thence in a northerly and northeasterly direction around the present corporate limits of the City of The Rock, Georgia, to the point where the center line of Piedmont Road intersects said corporate boundary; thence in a northerly direction along the center line of said Piedmont Road to the point where said center line intersects the northern boundary of Upson County; thence in a westerly direction along the northern boundary of Upson County to the point of beginning.
Education District No. 4 shall be composed of all that land within Upson County, Georgia, and excluding any land within the corporate limits of the City of Thomaston, more particularly described as follows:
Beginning at a point where the center line of Piedmont Road intersects the northern boundary of Upson County, Georgia; running thence in an easterly direction along the northern boundary of Upson County to the northeastern corner of Upson County, Georgia; thence along the eastern boundary of Upson County, Georgia, in a southerly direction to its first point of intersection with the center line of Auchumpkee Creek; thence in a northerly then northwesterly direction along the center line of said Auchumpkee Creek to its point of intersection with the center line of Edwards Road; thence in a westerly direction along the center line of Edwards Road to its point of intersection with the center line of Pleasant Grove Road; thence in a northerly direction along the center line of Pleasant Grove Road to its point of intersection with the center line of Logtown Road; thence in a southwesterly direction along the center line of Logtown Road to its point of intersection with the center line of Triune Mill Road; thence in an easterly direction along the center line of Triune Mill Road to its point of intersection with the center line of Swift Creek; thence in a northerly direction along the center line of Swift Creek to its point of intersection with the center line of Trice Lake Creek; thence along the center line of Trice Lake Creek to its point of
4580 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
intersection with the center line of Georgia State Highway 74; thence in a southwesterly direction along the center line of said Georgia State Highway 74 to its point of intersection with the eastern boundary of the present corporate limits of the City of Thomaston; thence in a generally northerly direction along the western boundary of the present corporate limits of the City of Thomaston to the northeastern corner of the present corporate limits of the City of Thomaston; thence in a westerly direction along the northern boundary of the present corporate limits of the City of Thomaston to the point where the center line of the Central of Georgia (Southern Railway) Railroad right-of-way intersects the said northern boundary of the present corporate limits of the City of Thomaston; thence in a northeasterly direction along the center line of the railroad right-of-way of the Central of Georgia (Southern Railway) Railroad to the point where the center line of such right-of-way intersects the present corporate limits of The Rock, Georgia; thence in a northerly and northeasterly direction around the boundary of the present corporate limits of the City of The Rock to the point where the center line of Piedmont Road intersects said corporate limits of The Rock, Georgia; thence along the center line of Piedmont Road and in a northerly direction to the point of beginning.
Education District No. 5 shall be composed of all that land within Upson County, Georgia, and excluding any land within the corporate limits of the City of Thomaston, more particularly described as follows:
Beginning at the point of intersection of the eastern boundary of Upson County, Georgia, with the center line of the Flint River running thence in a generally northwesterly direction along the center line of said Flint River to the point of intersection with center line of Potato Creek; thence in a generally northerly direction along the center line of Potato Creek to its intersection with the center line of Town Branch; thence in a northerly direction along the center line of Town Branch to its point of intersection with the Northwestern margin of the right-of-way of Gordon Road; thence along the Northwestern margin of the right-of-way of Gordon Road to its point of intersection with the present corporate limits of the City of Thomaston; thence in a generally northerly direction around the present corporate limits of the City of Thomaston in a generally counter-clockwise direction to the point of intersection of said corporate limits with the center line of Ga. State Highway 74; thence in an easterly direction along the center line of said Ga. State Highway 74
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to its point of intersection with the center line of Trice Lake Creek; thence along the center line of Trice Lake Creek to its point of intersection with the center line of Swift Creek; thence in a southerly direction along the center line of Swift Creek to its point of intersection with the center line of Triune Mill Road; thence in an easterly direction along the center line of said Triune Mill Road to its intersection with the center line of Logtown Road; thence in a northeasterly direction along the center line of Logtown Road to its point of intersection with the center line of Pleasant Grove Road; thence in a southerly direction along the center line of Pleasant Grove Road to its point of intersection with the center line of Edwards Road; thence in an easterly direction along the center line of Edwards Road to its point of intersection with the center line of Auchumpkee Creek; thence in a southerly direction along the center line of Auchumpkee Creek to its first point of intersection with the eastern boundary of Upson County; thence in a southerly direction along the eastern boundary of Upson County to the center line of the Flint River and the point of beginning.
Education District No. 6 shall be composed of all that land within Upson County, Georgia, and excluding any land within the corporate limits of the City of Thomaston, and more particularly described as follows:
Beginning at a point where the center line of Potato Creek intersects the center line of the Flint River on the southern boundary of Upson County, Georgia running thence in a generally northwesterly direction along the center line of the Flint River to its point of intersection with the center line of Ga. State Highway No. 36; run thence in a generally northerly direction along the center line of Ga. State Highway 36 to its point of intersection with the center line of Sunnyside Road; thence in a northerly direction along the center line of Sunnyside Road to its point of intersection with the center line of Pickard Road; thence in a southeasterly direction along the center line of Pickard Road to its point of intersection with the center line of Ga. State Highway 74; thence in an easterly direction along the center line of Ga. State Highway No. 74 to its point of intersection with the western bank of Potato Creek; thence in a northeasterly direction along the western bank of Potato Creek to its point of intersection with the present corporate limits of the City of Thomaston; thence in a generally southerly direction along the present corporate limits of the City of Thomaston in a counter-clockwise direction to the intersection of said corporate limits with the western margin of the right-
4582 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
of-way of Gordon Road; thence along the western margin of the rightof-way of said Gordon Road to its point of intersection with the center line of Town Branch; thence in a southerly direction along the center line of Town Branch to its point of intersection with the center line of Potato Creek; thence in a southerly direction along the center line of Potato Creek to its point of intersection with the center line of the Flint River and the point of beginning.
Education District No. 7 shall be composed of all the territory within Upson County exclusive of any area contained within any independent school district."
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. There will be one member of the board of education of Upson County elected from each of the seven districts as set forth in Section 1 of this Act. Any person desiring to run for the board of education shall designate the board post (district) for which he is a candidate. Each member shall be a resident of the education district which he represents. Only the qualified voters residing in each such district shall be entitled to vote for the representative of the board of education for that district; provided, however, that any voter residing in any independent school district not under the supervision of the Upson County Board of Education shall not be entitled to run for election or vote in any primary or general election for any member of the Upson County Board of Education; provided, further, that all members of the board of education shall be registered electors entitled to vote for members of the General Assembly of Georgia and shall have resided in Upson County for at least one year immediately preceding the date of their election and in the education district which they represent for at least six months immediately preceding the date of their election. The members of the board of education shall be elected by a majority of the votes cast by the qualified voters of each such district. In the event no candidate from a particular district receives a majority of the votes, a run-off election shall be held as provided by law."
Section 3. 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:
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"Section 3. Notwithstanding those changes in descriptions of education districts which become effective under Section 1 of this Act, the terms of the members of the board of education presently serving shall continue as follows:
(1) Those board of education members presently representing Election Districts No. 2, 4, and 6 under the provisions of Section 3 of the 1974 Act shall continue to represent those respective districts as defined therein until the expiration of their current term for which elected, which expires December 31,1986, and until the election and qualification of their respective successors. Their successors, representing Education Districts No. 2, 4, and 6 as newly described in 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.
(2) Those board of education members representing Education Districts No. 1,3,5, and 7 under the provisions of Section 3 of the 1974 Act, who shall have been elected in the 1984 general election, shall continue to represent those respective districts; but, effective January 1, 1987, those 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, 1988, and until the election and qualification of their respective successors. The successors to those members representing newly described Education Districts No. 1, 3, 5, and 7 under Section 1 of this Act shall be elected at the 1988 general election and shall take office January 1, 1989, for terms of four years and until the election and qualification of their respective successors."
Section 4. Said Act is further amended by striking Section 4 in its entirety and inserting in lieu thereof a new Section 4 to read as follows:
"Section 4. (a) In the event a vacancy occurs on the board of education of Upson County for any reason other than the expiration of the term of office, the remaining members of said board shall by majority vote elect a person otherwise qualified under this Act to serve for the unexpired term; provided, however, that, in the event a majority of the board becomes vacant at any time, then the remaining members of the board or, if there be none, the superintendent of schools shall, within ten days of such vacancy, notify the election
4584 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
superintendent of Upson County of such vacancy; and the election superintendent, within ten days of such notification, shall issue the call for a special election to fill such vacancies for a day not less than 30 nor more than 45 days after the date of the issuance of the call. Such special election shall in all respects comply with the election laws of this state. In the event a member moves his residence from the education district he represents, he shall continue to serve the remainder of the term to which elected, provided that, if a member moves his residence from the Upson County School District, a vacancy shall then exist upon such removal.
(b) At its first meeting each year, the members of the board shall elect, by a majority vote, one of their number to serve as chairman for that year and until the election of a chairman in the subsequent year. A member shall be eligible to succeed himself as a member of the board and also as chairman of the board."
Section 5. After the date of the approval of this Act by the Governor or after it otherwise becomes law and after the first date upon which the enforcement of this Act is not prohibited by the federal Voting Rights Act of 1965, it shall be the duty of the election superintendent of Upson County to issue the call for an election for the purpose of submitting this Act to the electors of the Upson County School District for approval or rejection. The election superintendent shall set the date of the election for the same day in August, 1984, at which the general primary is held and shall issue the call for the election at least 29 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 Upson County. The ballot shall have written or printed thereon the following:
"( ) YES ( ) NO
Shall the Act changing the education districts for the board of education of Upson County so as to provide for election of members from districts be approved?"
All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall
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vote "No." If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect; otherwise it shall be void and of no force and effect.
The expense of such election shall be borne by Upson County. It shall be the duty of the 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. The board of education of Upson 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 7. Sections 1, 2, 3, 4, and 8 of this Act shall become effective January 1, 1985. Sections 5 and 6 shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 8. All laws and parts of laws in conflict with this Act are repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the 1984 Regular Session of the General Assembly of Georgia a bill to amend an Act providing for the creation of the Upson County Board of Education (Ga. Laws 1974, p. 2023), so as to provide for election by districts, to define the boundaries of such districts, to provide for the filling of vacancies, to provide for a referendum thereon, to repeal conflicting laws, and for other purposes.
This 27th day of January, 1984.
Board of Education of Upson County
4586 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Marvin Adams, who, on oath, deposes and says that he is Representative from the 79th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Thomaston Times which is the official organ of Upson County, on the following date: February 1,1984.
/s/ Marvin Adams Representative, 79th District
Sworn to and subscribed before me, this 14th day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 21,1984.
BOARD OF COMMISSIONERS OF PIKE COUNTY -- NEW COMMISSIONER DISTRICTS CREATED, ETC.
No. 1036 (House Bill No. 1659). AN ACT
To amend an Act creating a board of commissioners of roads and revenues for the County of Pike, approved March 17, 1869 (Ga. L.
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1870, p. 447), as amended, so as to create new commissioner districts for the election of commissioners; to provide for the election, terms, and qualifications of commissioners; to provide for the preservation of the terms of current members of the board of commissioners; to change the composition of the board of commissioners; to provide for vacancies; to provide for a chairman and vice-chairman and the duties of the chairman and vice-chairman; to provide for meetings; to provide for a quorum; to provide for transition; to provide for other matters relative to the foregoing; to provide effective dates; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating a board of commissioners of roads and revenues for the County of Pike, approved March 17,1869 (Ga. L. 1870, p. 447), as amended, is amended by striking Sections 1 through 5, inclusive, and Section 9 in their entirety and inserting in lieu thereof new Sections 1 through 5 to read as follows:
"Section 1. (a) The governing authority of Pike County shall be a board of commissioners consisting of a chairman and four additional members who shall be elected as hereinafter provided in this Act.
(b) The board of commissioners shall be the governing authority of Pike County and shall exercise all the duties, powers, and responsibilities vested in and imposed upon said commissioners as provided by law.
Section 2. (a) The chairman of the board of commissioners may reside anywhere within Pike County and shall be elected by a majority of the qualified electors of Pike County voting at the elections hereinafter provided for in this Act. Any person offering as a candidate for chairman shall be a citizen of this state, a qualified voter, and shall have been a resident of Pike County for two years immediately prior to qualifying as a candidate and shall remain a resident of said county during the term of office.
(b) A candidate for commissioner, other than the chairman, shall be a resident of this state, a qualified voter, and shall have been a resident of the commissioner district for which the candidate is offering for at least two years prior to qualifying as a candidate. A district commissioner shall remain a resident of the respective commissioner district during the term for which elected. Should a
4588 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
member of the board who is elected from a commissioner district change his residence from the commissioner district from which he was elected, a vacancy shall be created and shall be filled as provided in this Act. Each district commissioner shall be elected by a majority of the qualified electors voting within each respective commissioner district. A candidate for district commissioner shall specify the commissioner district for which the candidate is offering. The chairman and all other members of the board shall be nominated and elected in accordance with the provisions of Chapter 2 of Title 21 of the O.C.G.A., the `Georgia Election Code.'
(c) Any person serving as a commissioner shall be disqualified from holding any other county office.
(d) (1) For the purpose of electing the four members of the board who are elected from districts, Pike County shall be divided into four commissioner districts as follows:
Commissioner District Number 1 shall be composed of that geographical area included in the tract/block numbering area, division, and block group as shown and designated on the 1980 Census Map, (Map Inventory Numbers 13-0675-01 and 13-312501) as follows:
Williamson Division (015) Remainder of Williamson Division (015) BNA 9901p., Block Group 3, Blocks 341, 333, 327; and,
Concord - Molena Division (005) Remainder of Concord - Molena Division (005) BNA 9902p., Block Group lp., Blocks 110, 113, 114, 105p., 104, 103, 102, 127, 128, 126, 125, 124, 121p., 120p., 123, 122; and,
Concord - Molena Division (005)
Concord Town (1980 Census Map Inventory Number 13-0675-01), BNA 9902p., Block Group lp., Blocks 122, 121p., 117, 116, 105p., 141, 140, 139, 138, 132p., 119, 118, 120p.; and,
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Zebulon Division (020), Remainder of Zebulon Division (020) BNA 9901p., Block Group 2p., Blocks 221, 223, 214p., 216, 215p., 208p., 207, 241p., 258, 243, 236p., 237, 259; and,
Zebulon Division (020), Zebulon City, 1980 Census Map Inventory Number 13-3125-01 BNA 9901p., Block Group lp., Blocks 128p., 129p., 145, Block Group 2p., Blocks 242, 213, 214p., 215p., 260, 238, 234, 235, 236p., 241p., 208p.
Commissioner District Number 2 shall be composed of that geographical area included in the tract/block numbering area, division, and block group as shown and designated on the 1980 Census Map, (Map Inventory Numbers 13-231-001, 13-0675-01 and 13-1885-01) as follows:
Concord - Molena Division (005), Concord Town (0675) 1980 Census Map Inventory Number 13-0675-01, BNA 9902p., Block Group lp., Blocks 130p., 132p., 136p., 137, 142p., 115p.; and,
Concord - Molena Division (005) Remainder of Concord - Molena Division (005) BNA 9902p., Block Group lp., Blocks 106, 107, 108, 109, 111, 112, 156, 157, 158, 154, 152p., 153p., 159p., 187, 155, 143, 142p., 136p., 135, 132p., 131, 130p., 129, 133, 134, 144, 145, 180, 181, 182, 184, 186, 183, 179, 178, 177, 176, 174, 173, 185, 189, 188, 172, 175, 146p., 171p., 168, 167p., 166, 165, 163, 162, 161p., 160p.; and,
Concord - Molena Division (005), Molena City 1980 Census Map Inventory Number 13-1885-01 BNA 9902p., All of Block Group lp; and,
Zebulon Division (020), Remainder of Zebulon Division (020), BNA 9901p., Block Group 2p., Blocks 225p., 227, 226; and,
4590 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Zebulon Division (020), Zebulon City (3125), BNA 9901p., Block Group 2p., Blocks 209, 210, 211, 212, 240, 230, 231, 229, 232, 239, 233, 228, 225p.; and,
Meansville Division (010), Remainder of Meansville Division (010) BNA 9902p., Block Group 2, Blocks 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241.
Commissioner District Number 3 shall be composed of that geographical area included in the tract/block numbering area, division, and block group as shown and designated on the 1980 Census Map, (Map Inventory Numbers 13-231-001 and 13-178501) as follows:
Meansville Division (010), Remainder of Meansville Division (010), BNA 9902p., Block Group 2, Blocks 201, 202, 203, 204p., 205, 206p., 208p., 219, 220, 221p., 222p., 223, 224, 225, 226, 227, 228, 229, 230, 231, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251; and,
Meansville Division (010), Meansville City (1785) (1980 Census Map Inventory Number 13-1785-01) BNA 9902p., All of Block Group 2; and,
Zebulon Division (020), Remainder of Zebulon Division (020), BNA 9901p., Block Group 2p., Blocks 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 201, 202, 203, 204, 205, 206; Block Group lp., Blocks 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 141, 142, 143, 144, 119, 120, 123, 124, 125.
Commissioner District Number 4 shall be composed of that geographical area included in the tract/block numbering area, division, and block group as shown and designated on the 1980
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Census Map, (Map Inventory Numbers 13-231-001 and 13-306001) as follows:
Zebulon Division (020), Remainder of Zebulon Division (020), BNA 9901p., Block Group lp., Blocks 112, 113, 114, 115, 116, 117, 118, 140, 122, 121, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 126, 127; Block Group 2p., Blocks 217, 218, 219, 220, 222; and,
Williamson Division (015), Remainder of Williamson Division (015), BNA 9901p., All of Block Group 3 except Blocks 327, 341, and 333, which are expressly excluded from District Number Four; and,
Williamson Division (015), Williamson Town (3060), (1980 Census Map Inventory Number 13-3060-01), BNA 9901p., All of Block Group 3.
(2) Any part of Pike County which is not included in any district 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.
(3) The Census of Population and Housing, 1980--P.L. 94171 Counts, for Pike County, Georgia, dated February 28, 1981, pp. 1371-1376, inclusive, and all maps hereinafter identified by inventory number are by reference incorporated into and made a part of this Act as fully and completely as if copied at length in this Act.
Section 3. (a) The present members of the board of commissioners of Pike 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. In order to preserve said terms, the members of the board who are presently in office and who are residents of Commissioner Districts No. 2 and 3 are designated the members from Commissioner Districts No. 2 and 3, respectively. Said members shall serve out the terms for which they were originally elected, and successors shall be elected as provided in this Act.
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(b) At the general election of 1984, new members from Commissioner Districts No. 1 and 4 and the chairman from the county at large shall be elected. The chairman and the commissioner elected from Commissioner District No. 4 shall take office on the first day of January following their election and shall serve for a term of four years. The commissioner elected from Commissioner District No. 1 shall take office on the first day of January following his election and shall serve for an initial term of two years.
(c) Thereafter, members who are elected to succeed members of the board of commissioners shall be elected at the general election which is conducted in that year in which the members' respective terms of office expire, shall take office on the first of January following their election, and shall serve for a term of four years and until their successors are duly elected and qualified.
(d) Any vacancy occurring in the board during an incumbent or transition term of office preserved or established by this section shall be filled as provided by this Act only for the unexpired term of that vacant member.
(e) Any vacancy which occurs in the board established by this Act and which has an unexpired term exceeding 180 days shall be filled for the unexpired term in the same manner as prescribed in the case of vacancy in the office of clerk of the superior court. Any vacancy which occurs in the board established by this Act and which has an unexpired term of 180 days or less shall be filled for the unexpired term by a person appointed by a majority of the members of the board of commissioners. Any person so appointed to fill a vacancy on said board must be eligible to be elected to said vacant position.
(f) Before entering upon the duties of the office of commissioner, each member of the board shall take the oath required of all civil officers of this state and be bonded in the amount of $25,000.00 by a good and solvent bonding company authorized to do business in this state, said bond to be approved by the judge of the Probate Court of Pike County and filed in the office of the probate court and payable to the Governor of this state and his successors in office for the use of Pike County conditioned upon the faithful performance of the duties of the office of commissioner. The cost of said bond shall be paid from the general funds of Pike County.
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Section 4. (a) 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 provided in this Act or such as may be delegated to him by the board of commissioners. 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 board on all subjects, and to 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 matters coming before the board.
(b) At the first regular meeting in January of each year and at the first regular meeting each year thereafter, the board of commissioners shall, by majority vote, elect one of their members as vicechairman. 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. In the absence, disqualification, or disability of the chairman, the vice-chairman shall assume the duties of chairman.
Section 5. The board of commissioners shall hold regular meetings on the second Wednesday of each and every month; provided, however, that a majority of said board may convene the same in extraordinary session whenever in their judgment it may be necessary. Three commissioners shall constitute a quorum for the transaction of business; provided, however, that no official action may be taken except upon affirmative vote of at least three commissioners."
Section 2. The provisions of this Act relating to and necessary for the election of certain members of the board of commissioners of Pike County at the 1984 general election shall become effective upon the approval of this Act by the Governor or upon its becoming law without his approval. This Act shall be effective for all purposes on or after January 1,1985.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
4594 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Notice of Intention to Introduce Legislation.
Notice is hereby given pursuant to Article III, Section V, Paragraph IX of the Constitution of the State of Georgia, that there will be introduced at the 1984 Session of the Georgia General Assembly a Bill to amend the Pike County Law relative to the Board of Commissioners thereof (Georgia Laws 1870, pg. 447; Georgia Laws 1875, pg. 262; Georgia Laws 1912, pg. 450) so as to change the composition and method of election of members of the Board of Commissioners to provide for the election and terms of members of the Board of Commissioners; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
This 23rd day of January, 1984.
Marvin Adams Representative, 79th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Marvin Adams, who, on oath, deposes and says that he is Representative from the 79th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Pike County Journal and Reporter which is the official organ of Pike County, on the following date: February 1,1984.
/s/ Marvin Adams Representative, 79th District
GEORGIA LAWS 1984 SESSION
Sworn to and subscribed before me, this 14th day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 21,1984.
4595
ATLANTA-FULTON COUNTY -- CONSTITUTIONAL AMENDMENT RELATING TO TAX EXEMPTION OF CERTAIN PROPERTY IN CABBAGETOWN HISTORIC
DISTRICT CONTINUED.
No. 1037 (House Bill No. 1664).
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 constitutional amendment (Res. Act No. 120, S.R. 264, Ga. L. 1982, p. 2509), duly ratified at the 1982 general election and proclaimed by the Governor to be a part of the Constitution of 1976, which amendment exempts certain capital improvements of the Cabbagetown Historic District economic reuse establishment and certain additions thereto from all City of Atlanta and Fulton County ad valorem property taxes, including ad valorem taxes for school purposes, for a period of seven 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.
4596 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2. That constitutional amendment (Res. Act No. 120, S.R. 264, Ga. L. 1982, p. 2509), duly ratified at the 1982 general election and proclaimed by the Governor to be a part of the Constitution of 1976, which amendment exempts certain capital improvements of the Cabbagetown Historic District economic reuse establishment and certain additions thereto from all City of Atlanta and Fulton County ad valorem property taxes, including ad valorem taxes for school purposes, for a period of seven years following their establishment or addition shall not be repealed or deleted on 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 1,1984.
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 1984 session of the General Assembly of Georgia a bill to maintain the provisions of an amendment to the Constitution of the State of Georgia, as found in Ga. L. 1982, p. 2509, which amendment exempts certain capital improvements of the Cabbagetown Historic District economic reuse establishment and certain additions thereto from all City of Atlanta and Fulton County ad valorem property taxes, including ad valorem taxes for school purposes, for a period of seven years following their establishment or addition; and for other purposes.
This 7th day of February, 1984.
Douglas Dean Representative, 29th District
GEORGIA LAWS 1984 SESSION Georgia, Fulton County.
4597
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Douglas C. Dean, who, on oath, deposes and says that he is Representative from the 29th 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 date: February 8, 1984.
/s/ Douglas C. Dean Representative, 29th District
Sworn to and subscribed before me, this 9th day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 21,1984.
LARRY McDonald memorial highway DESIGNATED.
No. 55 (House Resolution No. 696).
A RESOLUTION
Authorizing and directing the Department of Transportation to designate Interstate Highway 75 from the Chattahoochee River
4598 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
northward to the Cobb County boundary line as the Larry McDonald Memorial Highway; and for other purposes.
WHEREAS, the Honorable Larry McDonald was born in DeKalb County, Georgia, on April 1,1935; and
WHEREAS, he was educated in Georgia schools, received a doctorate in medicine from Emory University in 1957, and served his residency at Grady Memorial Hospital; and
WHEREAS, he served in his country's armed forces as a navy overseas flight surgeon from 1959 to 1961; and
WHEREAS, for many years he made his home in Cobb County, practicing medicine and serving in positions of honor and trust, which included membership on the State Medical Education Board, the National Historical Society, and the Cobb County Chamber of Commerce; and
WHEREAS, from January 1, 1975, until his untimely death aboard Korean Airlines Flight 007 on September 1, 1983, Larry McDonald served as a Representative from the Seventh United States Congressional District and as such he eloquently articulated the concerns of his fellow citizens; and
WHEREAS, Representative McDonald's tragic death as the result of a despicable, indefensible act of barbarism by a totalitarian regime has deprived the State of Georgia of one of its most outstanding native sons; and
WHEREAS, the State of Georgia wishes to preserve the memory of the sacrifice and service of this able and outstanding Georgian and it is only appropriate that the State of Georgia honor posthumously Larry McDonald by naming a portion of an interstate highway system in his memory.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Transportation is authorized and directed to designate Interstate Highway 75 from the Chattahoochee River northward to the Cobb County boundary line as the Larry McDonald Memorial Highway.
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BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect appropriate signs at appropriate locations to reflect the designation provided in this resolution.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit an appropriate copy of this resolution to the commissioner of transportation.
Approved March 21,1984.
CITY OF HAPEVILLE, GEORGIA -- DATE OF MUNICIPAL ELECTIONS.
No. 1038 (House Bill No. 1394).
AN ACT
To amend an Act providing a new charter for the City of Hapeville, Georgia, approved March 25,1980 (Ga. L. 1980, p. 3769), so as to change the provisions relating to the date of municipal elections; 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 Hapeville, Georgia, approved March 25,1980 (Ga. L. 1980, p. 3769) is amended by striking Section 3-102 in its entirety and substituting in lieu thereof a new Section 3-102 to read as follows:
"Section 3-102. Regular elections; time for holding, (a) The regular election for electing the mayor and the alderman-at-large shall be held on the Tuesday next following the first Monday in November of 1983 and at this month and day quadrennially thereafter.
4600 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(b) The regular election for electing the three (3) council members (two (2) members from wards and one (1) council member atlarge) shall be held on the Tuesday next following the first Monday in November of 1982 and at this month and day quadrennially thereafter."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Notice of Intent to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1984 session of the General Assembly of Georgia, a local act to amend the Charter of the City of Hapeville to change the date of the regular election; to provide an effective date; to repeal conflicting laws; and for other purposes.
Kirby A. Glaze City Attorney City of Hapeville
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, G. D. Adams, who, on oath, deposes and says that he is Representative from the 36th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following date: January 27,1984.
/s/ G. D. Adams Representative, 36th District
GEORGIA LAWS 1984 SESSION
Sworn to and subscribed before me, this 30th day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 21,1984.
4601
CITY OF DECATUR -- COMMISSIONER ELECTION DISTRICTS, ETC.
No. 1039 (House Bill No. 1417).
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 the provisions relating to the election of commissioners; to provide for election districts; to provide for definitions; to provide for voting; to provide for residence requirements; to provide for terms of office; to provide for city elections and the date thereof; to provide the effect of such amendments; 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 City of Decatur, approved August 17,1909 (Ga. L. 1909, p. 757), as amended, is amended by adding, following Section 5, a new Section 5.1 to read as follows:
4602 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
"Section 5.1. (a) For the purpose of electing commissioners, the City of Decatur is divided into two election districts consisting of the following territory within the City of Decatur:
Election District 1
DeKalb Tract 225 Tract 226
Election District 1 is further described as all that area within the corporate limits of the City of Decatur which lies north of College Avenue.
Election District 2
DeKalb Tract 227 Tract 228
Election District 2 is further described as all that area within the corporate limits of the City of Decatur which lies south of College Avenue.
(b) For the purposes of this section:
(1) The term `Tract' 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 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 City of Decatur which is not included in any election 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.
GEORGIA LAWS 1984 SESSION
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(c) Those persons in office as commissioners on April 1, 1984, shall serve out the remainder of the terms to which they were elected. At the city election in 1984, a commissioner shall be elected from Election District 1, a commissioner shall be elected from Election District 2, and a commissioner shall be elected from the city at large. At the city election in 1985, a commissioner shall be elected from Election District 1 and a commissioner shall be elected from Election District 2. A commissioner elected from an election district must reside within the election district from which he or she is elected and shall be elected by the electors residing within the election district. The commissioner elected from the city at large may reside anywhere within the city and shall be elected by the electors of the city. The term of office of commissioners shall be two years and until their respective successors are duly elected and qualified. Persons elected to the office of commissioner shall take office on the first Monday in January following their election. City elections shall be held annually on the first Wednesday in December.
(d) This section shall supersede any provision of the charter of the City of Decatur which is in conflict with this section and such conflicting provision of the charter is repealed to the extent of such conflict."
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 1984 session of the General Assembly of Georgia, a bill to amend the Charter of the City of Decatur, so as to change the method of electing Commissioners for the City of Decatur and for other purposes.
This 12th day of January, 1984.
Frank Redding Representative, 50th District
4604 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Publisher's Certificate.
Georgia, DeKalb County.
Personally appeared before the undersigned, a notary public within and for said county and state, Gerald Wm. Crane, co-publisher of Decatur-DeKalb News/Era a newspaper publisher at Decatur, county of DeKalb, State of Georgia, who, being duly sworn, states on oath that the report of Local Legislation-Method of electing commission a true copy of which is hereto annexed, was published in said newspaper in its issue on the 12th day of January, 1984.
/s/ Gerald W. Crane Co-Publisher,
/s/ Samme Johnson Agent
Sworn to and subscribed before me, this 12th day of January, 1984.
/s/ Linda L. Orr Notary Public. My Commission Expires June 21, 1985. (Seal).
Approved March 21,1984.
GEORGIA LAWS 1984 SESSION
4605
MAGISTRATE COURT OF MARION COUNTY -- PROBATE JUDGE DESIGNATED CHIEF MAGISTRATE, ETC.
No. 1040 (House Bill No. 1425).
AN ACT
To provide that the judge of the Probate Court of Marion County shall serve as chief magistrate of the Magistrate Court of Marion County; to provide for appointment of a magistrate by the chief magistrate; to provide for the term, filling of vacancies, and compensation for the offices of chief magistrate and magistrate; to provide for a constable; to provide for a clerk; 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 local prerogatives authorized by Chapter 10 of Title 15 of the Official Code of Georgia Annotated.
Section 2. (a) The judge of the Probate Court of Marion County shall serve as chief magistrate of the Magistrate Court of Marion County. There shall be no separate election for the office of chief magistrate. The term of the chief magistrate shall be concurrent with the term of the judge of the probate court. In the event of a vacancy, the person assuming the position of judge of the probate court shall additionally assume the position of chief magistrate.
(b) The probate judge, for his services as chief magistrate, shall be compensated in the amount of $3,950.00 per year by the governing authority of Marion County, payable from the funds of the county. The county governing authority may supplement the compensation of the chief magistrate; but no such supplement shall be decreased during a term of office.
Section 3. (a) The chief magistrate may appoint one magistrate. The term of office of a magistrate shall be concurrent with that of the chief magistrate. Any vacancy in the office of magistrate shall be filled by appointment by the chief magistrate.
4606 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(b) A magistrate shall be compensated in the amount of $100.00 per month by the governing authority of Marion County, payable from the funds of the county. The county governing authority may supplement the compensation of a magistrate; but no such supplement shall be decreased during a term of office.
Section 4. The sheriff of Marion County and his deputies shall perform the duties of constables for the Magistrate Court of Marion County. Such officers shall not be entitled to additional compensation for such duties.
Section 5. The chief magistrate may appoint a clerk for the magistrate court, to serve at the pleasure of the chief magistrate. If such clerk is appointed, the clerk shall be compensated in the amount of $200.00 per month by the governing authority of Marion County, payable from funds of the county.
Section 6. 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 a bill introduced in the 1984 session of the Georgia General Assembly to make the Probate Judge the Chief Magistrate Judge of Marion County and for other purposes.
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 Legislation was published in the Patriot Citizen which is the official organ of Marion County, on the following date: January 19,1984.
GEORGIA LAWS 1984 SESSION
/s/ Ward Edwards Representative, 112th District
Sworn to and subscribed before me, this 31st day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 21,1984.
4607
MUSCOGEE COUNTY -- SALARY OF SHERIFF.
No. 1041 (House Bill No. 1447).
AN ACT
To amend an Act establishing the salary of the sheriff of Muscogee County, approved February 6, 1952 (Ga. L. 1952, p. 2180), as amended, particularly by an Act approved February 25,1977 (Ga. L. 1977, p. 2786), so as to change the salary 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 establishing the salary of the sheriff of Muscogee County, approved February 6,1952 (Ga. L. 1952, p. 2180), as amended, particularly by an Act approved February 25, 1977 (Ga. L. 1977, p. 2786), is amended by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows:
4608 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
"Section 1. The salary of the sheriff of Muscogee County, Georgia, shall be $36,500.00 per annum. The governing authority of Muscogee County is hereby authorized to require that the sheriff of Muscogee County shall act as jailer. In the event the governing authority of Muscogee County requires said sheriff to act as jailer, the sheriff shall not be entitled to any additional compensation for serving in the capacity as jailer."
Section 2. This Act shall become effective July 1,1984.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Notice of Intention to Introduce Legal Legislation.
Notice is hereby given that there will be introduced at the January, 1984 session of the General Assembly of Georgia, a bill to change the compensation of the Sheriff of Muscogee County, Georgia, to establish the effective date; and for other purposes.
This 4th day of January, 1984.
Charles T. Staples President, Columbus Lawyers Club
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 Enquirer which is the official organ of Muscogee County, on the following date: January 10, 1984.
GEORGIA LAWS 1984 SESSION
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/s/ Thomas B. Buck, III Representative, 95th District
Sworn to and subscribed before me, this 25th day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 21,1984.
COLUMBIA COUNTY SCHOOL DISTRICT -- ADDITIONAL HOMESTEAD EXEMPTION FOR CERTAIN PERSONS OVER 62 -- REFERENDUM.
No. 1042 (House Bill No. 1496).
AN ACT
To provide that the homestead, but not to exceed $10,000.00 of the value thereof, of each resident of the Columbia County School District who is 62 years of age or over and who does not have an income from all sources, including the income from all sources of all members of the family residing within said homestead, exceeding $12,000.00 per annum, shall be exempt from all ad valorem taxation for educational purposes levied for and in behalf of such school system; to provide for applicability; to provide for construction of the provisions of this Act; to provide for the approval or disapproval of this Act by the voters of Columbia County; to repeal conflicting laws; and for other purposes.
4610 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Be it enacted by the General Assembly of Georgia:
Section 1. The homestead, but not to exceed $10,000.00 of the value thereof, of each resident of the Columbia County School District who is 62 years of age or over and who does not have an income from all sources, including the income from all sources of all members of the family residing within said homestead, exceeding $12,000.00 per annum, shall be exempt from all ad valorem taxation for educational purposes levied for and in behalf of such school system including taxes to retire school bond indebtedness. No such exemption shall be granted unless an affidavit of the owner of the homestead is filed with the tax commissioner of Columbia County giving his age, the amount of income which he received for the immediately preceding calendar year, the income which the members of his family residing within the homestead received for such period, and such other additional information relative to receiving the benefits of the exemption granted by this section as will enable the tax commissioner to make a determination as to whether such owner is entitled to said exemption. The tax commissioner shall provide affidavit forms for this purpose. The exemption granted to the homestead within this section shall extend to and shall apply to those properties, the legal title to which is vested in one or more title holders, if actually occupied by one or more such owners as a residence, and one or more such title holders possesses the qualifications provided for in this section. In such instances, such exemptions shall be granted to such properties, if claimed in the manner provided in this section 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 possess the qualifications provided for in this section and shall claim the exemptions granted by this section in the manner provided in this section. It shall be the duty of any person who claims an exemption under this section to notify the tax commissioner in the event such person becomes ineligible for the exemption granted in this section. The exemption provided for in this section shall apply to all taxable years beginning after December 31,1984."
Section 2. (a) The exemption granted by Section 1 of this Act shall be in lieu of and not in addition to:
(1) The homestead exemption granted by Code Section 485-52 of the O.C.G.A., relating to exemption from ad valorem
GEORGIA LAWS 1984 SESSION
4611
taxation for educational purposes of homesteads of qualified individuals 62 years of age or older; and
(2) The homestead exemption granted by an amendment to the Constitution found in Ga. L. 1979, p. 1815, and ratified at the 1980 general election.
(b) If the amount of said exemption granted by the general provisions of the Constitution and laws of this state is increased above the amount of the exemption granted by Section 1 of this Act, then such increased exemption shall apply rather than the exemption granted by Section 1 of this Act.
Section 3. 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 Columbia County to issue the call for an election for the purpose of submitting this Act to the electors of Columbia County for approval or rejection. The superintendent shall set the date of such election for the date of the November, 1984, 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 Columbia County. The ballot shall have written or printed thereon the words:
"( ) YES ( ) NO
Shall the Act which provides that the homestead, but not to exceed $10,000.00 of the value thereof, of each resident of the Columbia County School District who is 62 years of age or over and who does not have an income from all members of the family residing within said homestead, exceeding $12,000.00 per annum, shall be exempt from all ad valorem taxation for educational purposes levied for and in behalf of such school system 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 and 2 of this Act shall become of full force and effect; otherwise they shall be void and of no force and effect.
4612 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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. 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 1984 session of the General Assembly of Georgia a bill to provide that the homestead, but not to exceed $10,000 of the value thereof, of each resident of the Columbia County School District who is 62 years of age or over and who does not have an income from all sources, including the income from all sources of all members of the family residing within said homestead, exceeding $12,000 per annum, shall be exempt from all ad valorem taxation for educational purposes levied for and in behalf of such school system; to provide for a referendum; and for other purposes.
This 25 day of January, 1984.
Bill 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 Martinez County, on the following date: January 25,1984.
GEORGIA LAWS 1984 SESSION
4613
/s/ William S. Jackson Representative, 83rd District
Sworn to and subscribed before me, this 3rd day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 21,1984.
FRANKLIN-HEARD COUNTY WATER AUTHORITY ACT.
No. 1043 (House Bill No. 1501).
AN ACT
To create the Franklin-Heard County Water Authority; to authorize the authority to acquire, construct, operate, and maintain selfliquidating projects embracing sources of water supply and the distribution and sale of water and related facilities to individuals, private concerns, and municipal corporations; to confer powers and impose duties on the authority; to provide for the membership and for the appointment of members of the authority and their tenure of office, qualifications, duties, powers, method of filling vacancies, and compensation; to authorize the authority to contract with others pertaining to water utilities and facilities and to execute leases and do all things deemed necessary or convenient for the operation of such undertakings or projects; to authorize the issuance of revenue bonds of the authority payable from the revenues, tolls, fees, charges, and earnings of the authority to pay the cost of such undertaking or
4614 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 Heard County or the City of Franklin shall be incurred in the exercise of any of the powers granted by this Act; to make the bonds of the authority exempt from taxation; to authorize the authority to condemn property of every kind; to authorize the issuance of refunding bonds; to provide for venue and jurisdiction of certain actions; to provide for the validation of bonds; to provide for 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 "Franklin-Heard County Water Authority Act."
Section 2. Franklin-Heard County Water Authority, (a) There is created a body corporate and politic, to be known as the "FranklinHeard County Water Authority," which shall be deemed to be a political subdivision of the State of Georgia and a public corporation, and by that name, style, and title said body may contract and be contracted with, implead and be impleaded, and bring and defend actions in all courts of law and equity. The authority shall have perpetual existence.
(b) The authority shall consist of five members, two of whom shall be appointed by the governing authority of the City of Franklin and two of whom shall be appointed by the governing authority of Heard County. The governing authority of the City of Franklin shall initially appoint two members, one to serve for a term of two years and one to serve for a term of four years. The governing authority of Heard County shall initially appoint two members, one to serve for a term of two years and one to serve for a term of four years. Thereafter, all appointments shall be made for terms of four years. The fifth member of the authority shall be selected by the four members appointed by the governing authorities of the City of Franklin and Heard County, to serve for a term of four years. In the event of a tie vote among the four members of the authority in attempting to select a fifth member, the judge of the Superior Court of Heard County shall direct the grand jury of said superior court to select the fifth member.
GEORGIA LAWS 1984 SESSION
4615
(c) Members of the authority shall serve without compensation but shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. The authority shall have the power to establish bylaws and to promulgate and adopt rules and regulations necessary or convenient for the government of the authority.
(d) To be eligible for appointment as a member of the authority a person shall be at least 21 years of age, a resident of Heard County for at least two years prior to the date of his appointment, shall not have been convicted of a felony, and at the time of appointment shall be a user of the facilities of the authority. The requirement of being a user of the facilities of the authority shall not apply to the initial members of the authority appointed under the provisions of this section.
(e) 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.
(f) Four 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.
(g) In the event of a vacancy in the office of a member by reason of death, disqualification, resignation, or other reason, the vacancy shall be filled by appointment of either the governing authority of the City of Franklin or Heard County, whichever appointed the member whose office is vacated. A vacancy in the office of the member elected by the four other members shall be filled by a similar election or, in the event of a tie vote among the four members in attempting to elect a member to fill the vacancy, by the grand jury of the Superior Court of Heard County. A vacancy shall exist in the office of any member of the authority who is convicted of a felony, who moves his residence from Heard 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 Heard County grand jury, acting in its sole discretion.
(h) Annual meetings of the users of the facilities of the authority shall be held each year. Such annual meeting shall be called by the
4616 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
authority, after notice thereof has been published in the newspaper in Heard 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.
(i) The authority shall have a complete audit of its financial condition made at least once in each calendar year by a certified public accountant. Such audit shall remain on file at the office of the authority for public inspection.
Section 3. Definitions. As used in this Act, the following words and terms shall have the following meanings:
(1) The word "authority" shall mean the Franklin-Heard County Water 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 property necessary for such construction and operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds issued under the provisions of this Act for such project.
(3) The word "project" shall mean and include the acquisition and construction of all necessary and usual water facilities useful and necessary for the obtaining of one or more sources of water supply within or outside the territorial boundaries of Heard County; the treatment of water and the distribution and sale of water to users and consumers, including counties and municipalities, for the purpose of resale, within and outside the territorial boundaries of Heard 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.
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(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 statute 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;
(3) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by condemnation in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, real property, or rights of easements therein, or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue, and to lease or make contracts with respect to the use of, or dispose of, the same in any manner it deems to the best advantage of the authority. In any condemnation proceedings such orders may be made by the court having jurisdiction of the action or proceedings as may be just to the authority and to the owners of the property to be condemned. 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
4618 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 appropriate state officer or department for the credit of the general fund of the state. Such value shall be determined by three appraisers to be agreed upon by the Governor and the chairman of the authority;
(4) To appoint, select, and employ officers, agents, and employees, including engineering, architectural, and construction experts, fiscal agents, and attorneys, and fix their respective compensations;
(5) To make contracts and leases and to execute all instruments necessary or convenient, including contracts for construction 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 services and facilities by the authority to such municipal corporations and counties or for the purchase of water by the authority therefrom for a term not exceeding 50 years;
(6) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects, as defined in this Act, 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 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
GEORGIA LAWS 1984 SESSION
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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 in this Act, 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 million outstanding at any one time, for the purpose of paying all or any part of the cost as herein defined of any one or more projects. The principal and interest of such revenue bonds shall be payable solely from the special fund provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates not exceeding 9 percent per annum, payable at such time or times, shall mature at such time or times not exceeding 40 years from their date or dates, or at such times exceeding 40 years as may hereafter be authorized by the bonding laws of the State of Georgia, shall be payable in such medium of payment as to both principal and interest as may be 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 outside 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
4620 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes, the same as if he had remained in office until such delivery. All such bonds shall be signed by the chairman of the authority and the official seal of the authority shall be affixed thereto and attached by the secretary of the authority and any coupons attached thereto shall bear the signature or facsimile signature of the chairman of the authority. Any coupon may bear the facsimile signature of such persons and any bond may be signed, sealed, and attested on behalf of the authority by such persons as at the actual time of the execution of such bonds shall be duly authorized or hold the proper office, although at the date of such bonds such persons may not have been so authorized or shall not have held such office.
Section 8. Same; negotiability; exemption from taxation. All revenue bonds issued under the provisions of this Act shall have and are declared to have all the qualities and incidents of negotiable instruments under the negotiable instrument laws of this state. Such bonds and the income therefrom shall be exempt from all taxation within the state.
Section 9. Same; sale; price. The authority may sell such bonds in such manner and for such price as it may determine to be for the best interests of the authority, but no such sale shall be made at a price so low as to require the payment of interest on the money received therefor at more than 9 percent per annum, computed with relation to the absolute maturity of the bonds in accordance with standard tables of bond values, excluding, however, from such computation, the amount of any premium to be paid on redemption of any bond prior to maturity.
Section 10. Same; proceeds of bonds. The proceeds of such bonds shall be used solely for the payment of the cost of the project or projects, and unless otherwise provided in the resolution authorizing the issuance of the bonds, or in the trust indenture, additional bonds may in like manner be issued, to provide the amount of any deficit, which, unless otherwise provided in the resolution authorizing the issuance of the bonds, or in the trust indenture, shall be deemed to be 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, as provided in this Act, for the payment of principal and interest of such bonds.
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Section 11. Same; interim receipts and certificates of temporary bonds. Prior to the preparation of definitive bonds, the authority may, under like restrictions, issue interim receipts, interim certificates, or temporary bonds, with or without coupons, exchangeable for definitive bonds upon the issuance of the latter.
Section 12. Same; replacement of lost or mutilated bonds. The authority may also provide for the replacement of any bonds which shall become mutilated or be destroyed or lost.
Section 13. Same; conditions precedent to issuance; object of issuance. Such revenue bonds may be issued without any other proceedings or the happening of any conditions or things other than those proceedings, conditions, and things which are specified or required by this Act. In the discretion of the authority, revenue bonds of a single issue may be issued for the purpose of any particular project. Any resolution providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and shall be published in the official newspaper for Heard County one time within a week of its being adopted, and any such resolution may be passed at any regular or special meeting of the authority by a majority of its members.
Section 14. Same; credit not pledged. Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of Heard County or the City of Franklin or a pledge of the faith and credit of said county or city, but such bonds shall be payable solely from the fund as provided in this Act, and the issuance of such revenue bonds shall not directly, indirectly, or contingently obligate said county or city to levy or to pledge any form of taxation 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
4622 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 indenture may be treated as a part of the cost of maintenance, operation, and repair of the project affected by such indenture.
Section 16. Same; to whom proceeds of bonds shall be paid. The authority shall, in the resolution providing for the issuance of revenue bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer or person who, or any agency, bank or trust company which, shall act as trustee of such funds and shall hold and apply the same to the purposes hereof, subject to such regulations as this Act and such resolution or trust indenture may provide.
Section 17. Same; sinking funds. The revenues, fees, tolls, and earnings derived from any particular project or projects, regardless of whether or not such have been issued, unless otherwise pledged and allocated, may be pledged and allocated by the authority to the payment of the principal and interest on revenue bonds of the authority as the resolution authorizing the issuance of the bonds or in the trust instrument may provide, and such funds not pledged, from whatever source received, which said pledge may include funds received from one or more or all sources, shall be set aside at regular
GEORGIA LAWS 1984 SESSION
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intervals as may be provided in the resolution or trust indenture, into a sinking fund, which said sinking fund shall be pledged to and charged with the payments of:
(1) The interest upon such revenue bonds as such interest shall fall due;
(2) The principal of the bonds as the same shall fall due;
(3) The necessary charges of paying agents for paying principal and interest; and
(4) Any premium upon bonds retired by call or purchase as hereinabove provided.
The use and disposition of such sinking funds shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be a fund for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or in the trust indenture, surplus moneys in the sinking fund may be applied to the purchase or redemption of bonds and any such bonds so purchased or redeemed shall forthwith be canceled and shall not again be issued.
Section 18. Same; remedies of bondholders. Any holder of revenue bonds issued under the provisions of this Act or any of the coupons appertaining thereto, and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by bringing an action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia, or granted hereunder, or under such resolution or trust indenture, and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture to be performed by the authority, or any officer thereof, including the fixing, charging, and collecting of revenues, fees, tolls, and other charges for the use of the facilities and services furnished.
4624 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 action against such authority shall be brought in the Superior Court of Heard 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 Article 3 of Chapter 82 of Title 36 of the O.C.G.A., known as the "Revenue Bond Law,!' as amended. The petition for validation shall also make party defendant to such action any municipality, county, authority, subdivision, or instrumentality of the State of Georgia which has contracted with the authority for services and facilities of the water system for which bonds are to be issued and sought to be validated, and such municipality, county, authority, subdivision, or instrumentality shall be required to show cause, if any, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the validity of the terms thereof be determined and the contract or contracts adjudicated as security for the payment of any such bonds of the authority. The bonds, when validated, and the judgment of validation shall be final and conclusive with respect to such bonds, against the authority issuing the same, and any municipality, county, authority, subdivision, or instrumentality contracting with the said Franklin-Heard County Water Authority.
Section 22. Same; interest of bondholders protected. While any of the bonds issued by the authority remain outstanding, the powers, duties of existence of said authority, or of its officers, employees, or agents, shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds;
GEORGIA LAWS 1984 SESSION
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and no other entity, department, agency, or authority will be created which will compete with the authority to such an extent as to affect adversely the rights and interests of the holders of such bonds nor will the state itself so compete with the authority. The provisions of this Act shall be for the benefit of the authority and the holders of any such bonds, and upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds.
Section 23. Moneys received considered trust funds. All moneys received pursuant to the authority of this Act, whether all proceeds from the sale of revenue bonds, as grants or other contributions, or as revenues, fees, and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act.
Section 24. Purpose of the authority, (a) Without limiting the generality of any 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 Heard County and environs, including adjoining counties and municipalities located therein, but such general purpose shall not restrict the authority from selling and delivering water direct to consumers in those areas where there does not exist water distribution systems to such consumers and areas where neither any county nor municipality deems it desirable or feasible to furnish water in such locality.
(b) The authority shall also have authority, where it deems it feasible, to sell its products and services to consumers, governmental agencies, or governmental instrumentalities of adjoining states, provided the laws of the adjoining states do not prohibit or tax said activity.
(c) The authority shall not have the authority to construct water lines for the distribution of water directly to consumers within any water district or municipality without first obtaining the express written consent of the appropriate governing bodies of such water districts or municipalities.
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
4626 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
project, to issue revenue bonds as herein provided to finance, in whole or in part, the cost of the acquisition, construction, reconstruction, improvement, or extension of the water system, and to pledge to the punctual payment of said bonds and interest thereon all or any part of the revenues of such undertaking or project, including the revenues of improvements, betterments, or extensions thereto thereafter made.
Section 26. Rules and regulations for operation of projects. It shall be the duty of the authority to prescribe rules and regulations for the operation of the project or projects constructed under the provisions of this Act, including the basis on which water service and facilities shall be furnished.
Section 27. Powers declared supplemental and additional. The foregoing sections of this Act shall be deemed to provide an additional and alternative method for the doing of the things authorized in this Act and shall be regarded as supplemental and additional to powers conferred by other laws and shall not be regarded as in derogation of any powers now existing.
Section 28. Liberal construction of Act. This Act being for the welfare of various political subdivisions of the state and its inhabitants shall be liberally construed to effect the purposes thereof.
Section 29. Severability. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly 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 Heard County or the City of Franklin the authority to own, operate, and maintain water systems or issue revenue certificates as is provided by Article 3 of Chapter 82 of Title 36 of the O.C.G.A., known as the "Revenue Bond Law."
Section 31. Effective date. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
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Section 32. 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 in the 1984 Session of the General Assembly of Georgia, a bill to create the Franklin-Heard County Water Authority and to authorize said Authority to own and operate a water system and to distribute water; and for other purposes.
This 27th day of January, 1984.
Crawford Ware Representative, 77th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. Crawford Ware, who, on oath, deposes and says that he is Representative from the 77th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the News and Banner which is the official organ of Heard County, on the following date: February 1, 1984.
/s/ J. Crawford Ware Representative, 77th District
4628 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 6th day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 21,1984.
BOARD OF COMMISSIONERS OF GREENE COUNTY -- ELECTION OF MEMBERS -- TERMS, ETC.
No. 1044 (House Bill No. 1502).
AN ACT
To amend an Act creating the board of commissioners of Greene County, approved August 11,1925 (Ga. L. 1925, p. 653), as amended, particularly by an Act approved February 20, 1964 (Ga. L. 1964, p. 2170), so as to change the provisions relating to the election of members of the board of commissioners; to provide for staggered terms of office; to provide that the chairman of such board of commissioners shall be the full-time county administrator; to provide for the powers and duties of the chairman; to change the compensation of the chairman; 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 Greene County, approved August 11,1925 (Ga. L. 1925, p. 653), as amended, particularly by an Act approved February 20, 1964 (Ga. L. 1964, p. 2170), is amended by striking Section 3A in its entirety and inserting in lieu thereof a new Section 3A to read as follows:
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"Section 3A. (a) The members of the board of commissioners of Greene County elected at the 1980 general election or successors elected to fill vacancies on the board subsequent to January 1,1981, shall continue to serve out their terms of office through December 31, 1984. The members of the board of commissioners of Greene County elected from Commissioner Districts No. 1 and No. 3 at the 1984 general election shall take office on January 1,1985, and shall serve for an initial term of office of two years and until their successors are elected and qualified. The members of the board of commissioners of Greene County elected from Commissioner Districts No. 2 and No. 4 and the chairman elected from the county at large at the 1984 general election shall take office on January 1, 1985, and shall serve for an initial term of office of four years and until their successors are elected and qualified. Following the initial terms of office provided herein, all members, including the chairman elected from the county at large, shall be elected in the general election immediately preceding the expiration of the respective terms of office and shall take office on the first day of January immediately following their election for terms of office of four years and until their respective successors are duly elected and qualified.
(b) Unless otherwise provided in this Act, all members of said board of commissioners shall be nominated and elected in accordance with the provisions of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, known as the `Georgia Election Code.' "
Section 2. Said Act is further amended by striking Section 3C in its entirety and inserting in lieu thereof a new Section 3C to read as follows:
"Section 3C. (a) A majority of the commissioners shall constitute a quorum for the transaction of business, the chairman shall be counted in determining a quorum. The chairman shall be entitled to vote in the same manner as other members of the board and a majority vote of the members present shall be required to approve any matter before the board, provided the members present constitute a quorum.
(b) The chairman of the board of commissioners of Greene County shall devote his full time to the duties of the office. The chairman 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 Greene County.
4630 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(c) (1) The chairman shall carry out, execute, and enforce the ordinances, policies, rules, and regulations of the board when such ordinances, policies, rules, and regulations become effective. Other members of the board shall deal solely through the chairman in all matters concerning the operation, supervision, and administration of the various departments, offices, and agencies of the county government. No member of the board shall directly or indirectly order, instruct, or otherwise attempt to control the actions of county personnel subject to the administrative and supervisory control of the chairman.
(2) Subject to the approval of the board, the chairman shall have the power to change, consolidate, or abolish any departments, agencies, or offices over which the chairman exercises supervision and control. Subject to the approval of the board, the chairman may create other departments, agencies, and offices, which departments, agencies, and offices, when created, shall be under the supervision and control of the chairman.
(3) Subject to budgetary limitations and any Greene County merit system regulations, the chairman shall have exclusive authority to appoint, remove, and fix the compensation of all employees and officials of the county, except employees of the board, and except that deputies and employees of the elected county officers of Greene County shall be subject to appointment, removal, supervision, and control of the respective elective county officers. The appointment, removal, and compensation of persons filling offices and positions created by state statutes, when not otherwise prescribed by such statutes, shall be made and fixed by the chairman within budgetary limitations.
(4) The chairman may convene special meetings of the board when deemed necessary, but all members shall be notified at least 24 hours in advance of any such special meeting.
(5) The chairman shall have power to investigate the affairs, records, and expenditures of the various authorities, boards, councils, commissions, committees, and similar bodies or agencies, whether created by ordinance of the board or by Acts of the General Assembly, relating to the affairs of the county and to report thereon to the board.
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(6) The chairman shall represent the county in intergovernmental matters and shall seek to promote and improve the government of the county and encourage the growth of the county and promote and develop the prosperity and well-being of the citizens of the county.
(7) The chairman, within 120 days after the close of each fiscal year, shall prepare and submit to the board a complete annual report on the financial affairs and activities of the county for the immediately preceding fiscal year. The annual report shall show all income from all sources, including state, county, and federal funds, and all expenditures. The chairman shall cause a summary of said annual report to be published in the official organ of Greene County. Said published summary shall state that a copy of the full report is available from the office of the chairman. The chairman shall also make financial reports during the year as may be required by the board.
(8) The chairman may recommend, at any time, to the board for its formal consideration such measures or proposals as are deemed necessary or desirable to improve the administration of the affairs of the county."
Section 3. Said Act is further amended by striking Section 7 in its entirety and inserting in lieu thereof a new Section 7 to read as follows:
"Section 7. The chairman shall be compensated in the amount of $17,000.00 per annum payable in equal monthly installments. The chairman shall, at the option of the board, either be reimbursed for travel expenses incurred by him in the performance of his official duties at the rate of 20<t per mile, not to exceed an aggregate of $400.00 per month, or the board may provide to the chairman suitable transportation for use in the performance of his official duties, such transportation to be housed at the Greene County courthouse or such other place as the board may direct. The other members of the board shall be compensated in the amount of $1,200.00 per annum payable in equal monthly installments. The compensation and travel expenses provided herein shall be paid from the funds of Greene County."
Section 4. Section 1 of this Act shall become effective upon its approval by the Governor or upon its becoming law without his
4632 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
approval. The remaining sections of this Act shall become effective January 1,1985.
Section 5. All laws and parts of laws in conflict with this Act are repealed.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1984 session of the General Assembly of Georgia a bill to amend an Act creating the board of commissioners of Greene County, approved August 11, 1925 (Ga. L. 1925, p. 653), as amended; and for other purposes.
This 30 day of Jan., 1984.
Jesse Copelan, Jr. Representative, 106th District
Sam McGill Senator
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 date: February 3,1984.
/s/ Jesse Copelan, Jr. Representative, 106th District
GEORGIA LAWS 1984 SESSION
Sworn to and subscribed before me, this 6th day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 21,1984.
4633
MAGISTRATE COURT OF GREENE COUNTY -- PROBATE JUDGE DESIGNATED CHIEF MAGISTRATE, ETC.
No. 1045 (House Bill No. 1503).
AN ACT
To provide that the judge of the Probate Court of Greene County shall serve as the chief magistrate of the Magistrate Court of Greene County; to provide for the additional compensation of the probate judge in his capacity as chief magistrate; to provide for a certain number of other magistrates; 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. 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. Pursuant to subsection (g) of Code Section 15-10-20 of the O.C.G.A., on and after January 1,1985, the judge of the Probate Court of Greene County shall serve as the chief magistrate of the Magistrate Court of Greene County. The chief magistrate shall not be separately elected but shall be the probate judge.
4634 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 3. In addition to any other compensation authorized by law for the judge of the Probate Court of Greene County, said probate judge in his capacity as chief magistrate of the Magistrate Court of Greene County shall receive an additional sum of $3,600.00 to be paid in equal monthly installments from county funds. The salary provided in this section shall become effective January 1,1985.
Section 4. There shall be a total of three magistrates serving in Greene County. There shall be the chief magistrate, together with two other magistrates. Their duties shall be assigned and coordinated by the chief magistrate. Compensation for magistrates other than the chief magistrate shall be set by the board of commissioners of Greene County, Georgia, upon recommendation of the chief magistrate.
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 1984 session of the General Assembly of Georgia a bill to provide that the judge of the Probate Court of Greene County shall serve as the chief magistrate of the Magistrate Court of Greene County; to provide for the additional compensation of the probate judge in her capacity as chief magistrate; to provide for a certain number of other magistrates; and for other purposes.
This 30 day of Jan., 1984.
Jesse Copelan, Jr. Representative, 106th District
Sam McGill Senator
GEORGIA LAWS 1984 SESSION Georgia, Fulton County.
4635
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 date: February 3,1984.
/s/ Jesse Copelan, Jr. Representative, 106th District
Sworn to and subscribed before me, this 6th day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 21,1984.
TAX COMMISSIONER OF WILKINSON COUNTY -- ANNUAL SALARY -- SALARIES OF PERSONNEL --
PERIODIC INCREASES.
No. 1046 (House Bill No. 1509).
AN ACT
To amend an Act creating the office of tax commissioner of Wilkinson County, approved March 3,1964 (Ga. L. 1964, p. 2314), as
4636 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
amended by an Act approved April 5,1971 (Ga. L. 1971, p. 3206) and an Act approved February 27, 1975 (Ga. L. 1975, p. 2558), so as to provide an annual salary for the tax commissioner; to provide for employment of and salaries for a deputy tax commissioner and clerical assistants; to provide for a method of periodic increases in the salaries of the tax commissioner and employees of the tax commissioner; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the office of tax commissioner of Wilkinson County, approved March 3,1964 (Ga. L. 1964, p. 2314), as amended by an Act approved April 5,1971 (Ga. L. 1971, p. 3206) and an Act approved February 27,1975 (Ga. L. 1975, p. 2558), is amended by striking in its entirety Section 4 of said Act and inserting in its place a new Section 4 to read as follows:
"Section 4. (a) (1) Effective January 1,1985, the tax commissioner of Wilkinson County shall receive an annual salary of not less than $23,400.00, to be paid in equal monthly installments from the funds of Wilkinson County. Such salary shall be in lieu of all fees, costs, perquisites, or other forms of compensation received by the tax commissioner before January 1,1985.
(2) On and after January 1, 1986, when the governing authority of Wilkinson 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 the tax commissioner shall be increased by such average percentage; but if such average percentage is less than 3 percent, then a 3 percent increase shall be applied to the then current salary of the tax commissioner and the salary of said officer shall be increased by said 3 percent.
(b) The tax commissioner shall have the authority to appoint such clerical assistants as the tax commissioner shall deem necessary to discharge efficiently and effectively the duties of the office. The compensation of the clerical assistants shall be set by the tax commissioner with the concurrence of the governing authority of Wilkinson County. Such compensation shall be paid in equal monthly installments by the governing authority from funds of the county.
GEORGIA LAWS 1984 SESSION
4637
(c) In addition to the authority granted to the tax commissioner under subsection (b) of this section, the tax commissioner is specifically authorized to employ the following personnel:
(1) A deputy tax commissioner who shall be compensated in an amount not less than $12,500.00 per year; and
(2) Such part-time clerical assistants as are needed, in the discretion of the tax commissioner, who shall be compensated at an hourly rate of not less than $4.00 per hour.
(d) On and after January 1,1985, when the governing authority of Wilkinson 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 employees of the tax commissioner, and the salary of such employees shall be increased by such average percentage.
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 1984 session of the General Assembly of Georgia a bill to amend an Act creating the office of tax commissioner of Wilkinson County, approved March 3,1964 (Ga. L. 1964, p. 2314), as amended, so as to provide an annual salary for the tax commissioner; to provide for employment of and salaries for a deputy tax commissioner and clerical assistants; to provide a method of periodic increases in salaries of the tax commission and employees of the tax commissioner; and for other purposes.
This 9th day of January, 1984.
Kenneth W. Birdsong Representative, 104th District
4638 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Kenneth W. Birdsong, who, on oath, deposes and says that he 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 date: January 12, 1984.
/s/ Kenneth W. Birdsong Representative, 104th District
Sworn to and subscribed before me, this 16th day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 21,1984.
LAURENS COUNTY -- PROVISIONS FOR MAGISTRATE COURT.
No. 1047 (House Bill No. 1577). AN ACT
To make provisions for the Magistrate Court of Laurens County; to provide for legislative intent; to provide for the election of a chief
GEORGIA LAWS 1984 SESSION
4639
magistrate; to provide for qualifications; to provide for compensation and the filling of vacancies; to provide for selection and compensation of magistrates; to provide for a constable; to provide for a clerk; to provide for law library fees; 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 local prerogatives authorized by Chapter 10 of Title 15 of the O.C.G.A.
Section 2. (a) The chief magistrate of the Magistrate Court of Laurens County shall be elected by the voters of the county at the 1984 general election, in a partisan election in the same manner as county officers are elected, for a four-year term to begin on January 1, 1985, and until a successor is elected and qualified. Successors shall likewise be elected quadrennially at the general election next preceding the expiration of the term of the incumbent chief magistrate, beginning in 1988.
(b) The term as chief magistrate of any person so serving on the effective date of this Act shall expire on December 31,1984.
Section 3. (a) To qualify for the office of chief magistrate, a person must be at least 21 years of age and have been a member in good standing of the State Bar of Georgia for at least one year.
(b) The chief magistrate shall be compensated by the governing authority of Laurens County in an amount not less than $16,000.00 per year, payable in equal monthly installments from county funds. In addition to remuneration for expenses, the governing authority may supplement the compensation of the chief magistrate; but no such supplement shall be decreased during a term of office.
(b) A vacancy in the office of chief magistrate shall be filled for the unexpired term by appointment by the judges of the Superior Court of Laurens County.
Section 4. (a) The chief magistrate shall appoint not less than two nor more than four magistrates. The term of a magistrate shall be concurrent with that of the chief magistrate.
4640 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(b) A magistrate shall be compensated by the governing authority of Laurens County in an amount not less than $5,000.00 per year, payable in equal monthly installments from county funds. The governing authority may supplement the compensation of a magistrate; but no such supplement shall be decreased during a term of office.
(c) A magistrate shall receive an expense allowance to be determined by the governing authority of Laurens County. Such allowance shall not be less than $1,500.00 per year, payable in equal monthly installments from county funds.
Section 5. The chief magistrate may appoint a constable for the magistrate court. Such constable shall serve at the pleasure of the chief magistrate. Compensation for the constable shall be set by the chief magistrate.
Section 6. The clerk of the Superior Court of Laurens County shall serve as the clerk of the magistrate court. Compensation for the clerk shall be as provided by general law.
Section .7. The chief magistrate shall be authorized to set and assess as additional costs law library fees in an amount not more than $2.00 per case. Funds arising from the collection of law library fees shall be remitted by the clerk once each month to the treasurer of the board of trustees for the law library of Laurens County.
Section 8. All laws and parts of laws in conflict with this Act are repealed.
Notice.
Notice is hereby given that there will be introduced at the regular 1984 session of the General Assembly of Georgia a bill to make provisions for the Magistrate Court of Laurens County; to provide for the election of a chief magistrate; to provide for qualifications; to provide for compensation and the filling of vacancies; to provide for selection and compensation of magistrate; to provide for a constable; to provide for a clerk; to provide for law library fees; and for other purposes.
GEORGIA LAWS 1984 SESSION This 2nd day of February.
4641
DuBose Porter Representative,
Terry Coleman Representative
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, DuBose Porter, who, on oath, deposes and says that he is Representative from the 119th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Courier Herald which is the official organ of Laurens County, on the following date: February 4,1984.
/s/ DuBose Porter Representative, 119th District
Sworn to and subscribed before me, this 9th day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 21,1984.
4642 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
RICHMOND COUNTY -- COMPENSATION OF CERTAIN OFFICIALS.
No. 1048 (House Bill No. 1589). AN ACT
To amend an Act establishing the compensation of certain officials in Richmond County, approved April 12, 1982 (Ga. L. 1982, p. 3941), as amended by an Act approved March 16,1983 (Ga. L. 1983, p. 4173), 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), as amended by an Act approved March 16,1983 (Ga. L. 1983, p. 4173), 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
(2) Judge of the probate court (3) Tax commissioner (4) Judge of the state court.... (5) Solicitor of the state court (6) Coroner (7) Judge of the civil court
$ 29,120.00 33,306.00 32,240.00 48,360.00 20,574.00 17,035.00 34,528.00
GEORGIA LAWS 1984 SESSION
4643
(8) Associate judge of the civil court..
32,968.00
(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..,,..
28,500.00
(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 1984 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 9th day of January, 1984.
4644 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Robert C. Daniel, Jr. County Attorney, Richmond County, Georgia
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles W. Walker, who, on oath, deposes and says that he is Representative from the 85th 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 date: January 13,1984.
/s/ Charles W. Walker Representative, 85th District
Sworn to and subscribed before me, this 7th day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 21,1984.
GEORGIA LAWS 1984 SESSION
4645
MAGISTRATE COURT OF EARLY COUNTY -- PROBATE JUDGE DESIGNATED CHIEF MAGISTRATE, ETC.
No. 1049 (House Bill No. 1614).
AN ACT
To provide that the judge of the Probate Court of Early County shall serve as chief magistrate of the Magistrate Court of Early County; to provide for the term, filling of vacancies, and compensation of the chief magistrate; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. It is the intent of this Act to implement certain local prerogatives authorized by Chapter 10 of Title 15 of the O.C.G.A.
Section 2. (a) The judge of the Probate Court of Early County shall serve as chief magistrate of the Magistrate Court of Early County. There shall be no separate election for the office of chief magistrate. The term of the chief magistrate shall be concurrent with the term of the judge of the probate court. In the event of a vacancy, the person assuming the position of judge of the probate court shall additionally assume the position of chief magistrate.
(b) The probate judge, for his services as chief magistrate, shall be compensated in an amount not less than $1,200.00 per annum nor more than $3,600.00 per annum to be fixed by the governing authority of Early County, payable in equal monthly installments out of the funds of the county.
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.
4646 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 1984 session of the General Assembly of Georgia, a bill to provide that the Judge of the Probate Court of Early County shall serve as Chief Magistrate of the Magistrate Court of Early County; to provide for the term, filling of vacancies, and compensation of the Chief Magistrate; to provide an effective date; and for other purposes.
This 31st day of January, 1984.
Ralph 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 date: February 2, 1984.
/s/ Ralph J. Balkcom Representative, 140th District
GEORGIA LAWS 1984 SESSION
Sworn to and subscribed before me, this 13th day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 21,1984.
4647
MAGISTRATE COURT OF HABERSHAM COUNTY -- LAW LIBRARY FEES AS PART OF COSTS.
No. 1050 (House Bill No. 1622).
AN ACT
To require that law library fees be charged and collected in each civil action or case filed in the Magistrate Court of Habersham County in addition to all other legal costs, and that such fees be remitted monthly to the secretary-treasurer of the board of trustees of the Habersham 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. In addition to all other legal costs, the sum of $2.00 shall be charged and collected as law library fees in each civil action or case filed in the Magistrate Court of Habersham County. The clerk of said court shall collect such fees and remit the same to the secretarytreasurer of the board of trustees of the Habersham County Law Library on or before the tenth day of the month immediately following the month in which such fees are collected. A case, within the meaning of this section, shall mean and be construed as any civil matter which is docketed upon the official docket of the Magistrate
4648 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Court of Habersham County and to which a number is assigned, whether such matter is contested or not.
Section 2. This Act shall become effective on the first day 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 1984 session of the General Assembly of Georgia, a bill to require that law library fees be charged and collected in each civil action or case filed in the Magistrate Court of Habersham County, and remitted to the secretary-treasurer of the Board of Trustees of the Habersham County Law Library; and for other purposes.
Georgia, Habersham County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bobby E. Williams, who, on oath, deposes and says that he is Publisher of the Tri-County Advertiser, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Tri-County Advertiser which is the official organ of Habersham County, on February 9,1984.
/s/ Bobby E. Williams Publisher Tri-County Advertiser
GEORGIA LAWS 1984 SESSION
Sworn to and subscribed before me, this 9th day of February, 1984.
/s/ Patricia B. Irvin Notary Public. My Commission Expires 5/5/84. (Seal).
Approved March 21,1984.
4649
CITY OF STATESBORO -- RESIDENCY OF RECORDER.
No. 1051 (House Bill No. 1628).
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 March 18,1983 (Ga. L. 1983, p. 4246), so as to provide that the recorder of the recorder's court of the City of Statesboro may reside anywhere within Bulloch County rather than within the City of Statesboro; 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 March 18, 1983 (Ga. L. 1983, p. 4246), is amended by striking from the second sentence of the third paragraph of Section 30 the following:
"a citizen of Statesboro who has resided in said city for two years prior to his election,",
4650 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
and inserting in place thereof the following:
"a resident of Bulloch County",
so that when so amended said Section 30 shall read as follows:
"Section 30. There is hereby established a recorder's 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 nonattendance, and to punish all persons who shall counsel, advise, aid, encourage or intimidate 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 1984 SESSION
4651
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 recorder's term has expired. Said recorder shall be a resident of Bulloch County 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. All 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 Statesboro intends to introduce in the General Assembly of Georgia at the 1984 Session an Act to amend Georgia Laws 1953, page 2466, Section 1 in reference to the Judge of the Recorders Court in the City of Statesboro. Said change will eliminate the requirement that the judge be a citizen of the City of Statesboro, and substitute the requirement that the judge must be a citizen of Bulloch County. The Act will also increase the compensation authorized to be paid to the Recorder under said Act.
4652 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
All other parts of said Act will remain the same. This February 8,1984.
City of Statesboro J. Thurman Lanier Mayor
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bob Lane, who, on oath, deposes and says that he 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 date: February 11,1984.
/s/ Bob Lane Representative, 111th District
Sworn to and subscribed before me, this 13th day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 21,1984.
GEORGIA LAWS 1984 SESSION
4653
CITY OF RIVERDALE -- CORPORATE LIMITS CHANGED.
No. 1052 (House Bill No. 1630).
AN ACT
To amend an Act creating a new charter for the City of Riverdale, approved February 13,1956 (Ga. L. 1956, p. 2205), as amended, so as to change the corporate limits of said city; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating a new charter for the City of Riverdale, approved February 13, 1956 (Ga. L. 1956, p. 2205), as amended, is amended by adding at the end of Section 2 the following:
"The corporate limits of the City of Riverdale shall also include the following tracts or parcels of property:
PARCEL A
All that tract or parcel of land lying and being in Land Lots 235 and 246 of the 13th District of Clayton County, Georgia, being more particularly described as follows:
To reach the POINT OF BEGINNING: Commence at the southeast corner of Land Lot 235 (said corner being the common corner of Land Lots 235, 236, 245 and 246) and proceed thence S8948'03"E along the south line of Land Lot 236 for a distance of 134.74 feet to a point on the westerly R/W of Park Ridge Lane (50' R/W); proceed thence in a northerly direction along the westerly R/W of Park Ridge Lane (50' R/W), and following the curvature thereof, for a distance of 5.41 feet to a point; proceed thence N7613'40"W for a distance of 349.63 feet to the centerline of the proposed location of Glenwoods Drive and the POINT OF BEGINNING; from the point of beginning thus established running thence in a southerly direction along the centerline of the proposed location of Glenwoods Drive, and following the curvature thereof, the following courses and distances; along a curve to the left (said curve having a chord distance of 120.06 feet on a
4654 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
bearing of S0748'29"W and a radius of 716.197 feet), 120.20 feet to a point; S0300'W, 108.36 feet to a point; along a curve to the right (said curve having a chord distance of 220.70 feet on a bearing of S1730'W and a radius of 440.737 feet), 223.07 feet to a point; S3200'W, 105.48 feet; along a curve to the left (said curve having a chord distance of 287.15 feet on a bearing of S1430'W and a radius of 477.465 feet), 291.66 feet to a point; S0300'E, 110.80 feet to a point on the Riverdale City Limits Line; running thence in a northerly direction along the Riverdale City Limits Line, and following the curvature thereof, the following courses and distances: N0536'13"W, 327.63 feet to a point; along a curve to the left (said curve having a chord distance of 205.15 feet on a bearing of N1358'10"W and a radius of 705.005 feet), 205.88 feet to a point; N2220'08"E, 78.93 feet to a point; along a curve to the right (said curve having a chord distance of 186.53 feet on a bearing of N1110'04"W and a radius of 481.535 feet), 187.72 feet to a point; N0000'E, 114.32 feet to a point; running thence N9000'E, and continuing along the Riverdale City Limits Line, a distance of 154.33 feet to a point; running thence N0237'54"W a distance of 39.49 feet to a point; running thence N8606'32"E a distance of 99.81 feet to a point; running thence S7613'40"E a distance of 109.92 feet to the point of beginning; said parcel containing 159.240 square feet or 3.656 acres.
PARCEL B
All that tract or parcel of land lying and being in Land Lot 236 of the 13th District of Clayton County, Georgia, being more particularly described as follows:
Beginning at the intersection formed by the westerly R/W of Park Ridge Lane (50' R/W) and the south line of Land Lot 236 and running thence in a northerly direction along the westerly R/W of Park Ridge Lane (50' R/W), and following the curvature thereof, a distance of 5.41 feet to a point; running thence S7613'40"E a distance of 23.05 feet to a point on the south line of Land Lot 236; running thence N8948'03"W along the south line of Land Lot 236 a distance of 22.38 feet to the westerly R/W of Park Ridge Lane (50' R/W) and the point of beginning; said parcel containing 61 square feet or 0.001 of an acre."
Section 2. Said Act is further amended by adding a new Section 2A immediately following Section 2 to read as follows:
GEORGIA LAWS 1984 SESSION
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"Section 2A. The corporate limits of the City of Riverdale shall not include the following described tracts or parcels of property and said property is deannexed from the corporate limits of said city:
PARCEL A
All that tract or parcel of land lying and being in Land Lots 235 and 246 of the 13th District of Clayton County, Georgia, being more particularly described as follows:
To reach the POINT OF BEGINNING: Commence at the southeast corner of Land Lot 235 (said corner being the common corner of Land Lots 235, 236, 245 and 246) and proceed thence S8948'03"E along the south line of Land Lot 236 for a distance of 134.74 feet to a point on the westerly R/W of Park Ridge Lane (50' R/W); proceed thence in a northerly direction along the westerly R/W of Park Ridge Lane (50' R/W), and following the curvature thereof, for a distance of 5.41 feet to a point; proceed thence N7613'40"W for a distance of 349.63 feet to the centerline of the proposed location of Glenwoods Drive and the POINT OF BEGINNING; from the point of beginning thus established running thence in a southerly direction along the centerline of the proposed location of Glenwoods Drive, and following the curvature thereof, the following courses and distances; along a curve to the left (said curve having a chord distance of 120.06 feet on a bearing of S0748'29"W and a radius of 716.197 feet), 120.20 feet to a point; S0300'W, 108.36 feet to a point; along a curve to the right (said curve having a chord distance of 220.70 feet on a bearing of S17 30'W and a radius of 440.737 feet), 223.07 feet to a point; S32 00'W, 105.48 feet; along a curve to the left (said curve having a chord distance of 287.15 feet on a bearing of S1430'W and a radius of 477.465 feet), 291.66 feet to a point; S0300'E, 110.80 feet to a point on the Riverdale City Limits Line; running thence in a northerly direction along the Riverdale City Limits Line, and following the curvature thereof, the following courses and distances: N0536'13"W, 327.63 feet to a point; along a curve to the left (said curve having a chord distance of 205.15 feet on a bearing of N1358'10"W and a radius of 705.005 feet), 205.88 feet to a point; N2220'08"E, 78.93 feet to a point; along a curve to the right (said curve having a chord distance of 186.53 feet on a bearing of N1110'04"W and a radius of 481.535 feet), 187.72 feet to a point; N0000'E, 114.32 feet to a point; running thence N9000'E, and continuing along the Riverdale City Limits Line, a
4656 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
distance of 154.33 feet to a point; running thence N0237'54"W a distance of 39.49 feet to a point; running thence N8606'32"E a distance of 99.81 feet to a point; running thence S7613'40"E a distance of 109.92 feet to the point of beginning; said parcel containing 159.240 square feet or 3.656 acres.
PARCEL B
All that tract or parcel of land lying and being in Land Lot 236 of the 13th District of Clayton County, Georgia, being more particularly described as follows:
Beginning at the intersection formed by the westerly R/W of Park Ridge Lane (50' R/W) and the south line of Land Lot 236 and running thence in a northerly direction along the westerly R/W of Park Ridge Lane (50' R/W), and following the curvature thereof, a distance of 5.41 feet to a point; running thence S7613'40"E a distance of 23.05 feet to a point on the south line of Land Lot 236; running thence N8948'03" W along the south line of Land Lot 236 a distance of 22.38 feet to the westerly R/W of Park Ridge Lane (50' R/W) and the point of beginning; said parcel containing 61 square feet or 0.001 of an acre."
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 1984 session of the General Assembly of Georgia, a bill to amend the charter of the City of Riverdale (Ga. Laws 1956, p. 2205) as amended, to redefine the corporate limits along certain property boundaries and for other purposes.
This the 10th day of February, 1984.
Charles F. Laws City Manager
GEORGIA LAWS 1984 SESSION Georgia, Fulton County.
4657
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Frank I. Bailey, Jr., 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 date: February 10, 1984.
/s/ Frank I. Bailey, Jr. Representative, 72nd District
Sworn to and subscribed before me, this 13th day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 21,1984.
PUTNAM COUNTY -- ADDITIONAL HOMESTEAD EXEMPTION FOR PERSONS 65 OR OLDER -- REFERENDUM.
No. 1053 (House Bill No. 1632).
AN ACT
To increase the amount of the exemption from county ad valorem taxes for county purposes which applies to the homestead of each
4658 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
resident of Putnam County who is age 65 or older and who meets certain income qualifications; to provide for all related matters; to provide for the approval or disapproval of this Act by the voters of Putnam County; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Each resident of Putnam County who is 65 years of age or over is granted an exemption from Putnam County ad valorem taxation for county purposes in the amount specified by this section on a homestead owned and occupied by the resident as a residence if the resident's net income, together with the net income of the resident's spouse who also occupies and resides at such homestead, as net income is defined by Georgia law, from all sources except as hereinafter provided, does not exceed $8,000.00 for the immediately preceding taxable year for income tax purposes. For the purposes of this section, net income shall not include income received as retirement, survivor, or disability benefits under the federal Social Security Act or under any other public or private retirement, disability, or pension system, except such income which is in excess of the maximum amount authorized to be paid to an individual under the federal Social Security Act; and income from such sources in excess of such maximum amount shall be included as net income for the purposes of this section. The amount of the exemption granted by this section shall be as follows:
(1) The exemption granted by this section shall be $6,000.00 of the assessed value of the homestead for the tax year beginning January 1,1985;
(2) The exemption granted by this section shall be $7,000.00 of the assessed value of the homestead for the tax year beginning January 1,1986; and
(3) The exemption granted by this section shall be $8,000.00 of the assessed value of the homestead for the tax year beginning January 1,1987, and for all tax years thereafter.
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Section 2. The exemption granted by Section 1 of this Act shall be in lieu of and not in addition to the $4,000.00 exemption from county ad valorem taxation granted by the general provisions of the Constitution and laws of this state to persons who meet the age and income qualifications set out in Section 1 of this Act. If the amount of said exemption granted by the general provisions of the Constitution and laws of this state is increased above the amount of the exemption granted by Section 1 of this Act, then such increased exemption shall apply rather than the exemption granted by Section 1 of this Act.
Section 3. The exemption granted by Section 1 of this Act shall not apply to or affect any taxes levied to retire bonded indebtedness, county taxes for school purposes, state taxes, or municipal taxes.
Section 4. Any person who as of January 1, 1985, has applied for and is eligible for the $4,000.00 exemption from county ad valorem taxation granted by the general provisions of the Constitution and laws of this state to persons who meet age and income requirements corresponding to those set out in Section 1 of this Act shall be eligible for the exemption granted by Section 1 of this Act without applying therefor. Thereafter, application for the exemption granted by Section 1 of this Act shall be made in the same manner as the application for said exemption granted by the general provisions of the Constitution and laws of this state. It shall be the duty of any such person to notify the tax commissioner or tax receiver in the event such person becomes ineligible for the exemption granted by Section 1 of this Act.
Section 5. The value of any residence in excess of the amount exempted by Section 1 of this Act shall remain subject to taxation.
Section 6. Not less than 30 nor more than 60 days prior to the date of the August, 1984, primary election, it shall be the duty of the election superintendent of Putnam County to issue the call for an election for the purpose of submitting this Act to the electors of Putnam County for approval or rejection. The superintendent shall set the date of such election for the date of the August, 1984, primary election. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Putnam County. The ballot shall have written or printed thereon the words:
4660 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
"( ) YES ( ) NO
Shall the Act increasing the amount of the homestead exemption from county taxes granted to residents of Putnam County who are age 65 or older and who meet certain income qualifications 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 6 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 Putnam County. It shall be the duty of the superintendent to hold and conduct such election. It shall be the election superintendent's 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 1984 session of the General Assembly of Georgia a bill to increase the amount of the exemption from County Ad Valorem taxes for County purposes which applies to the homestead of each resident of Putnam County, who is age 65 or older, and who meet certain income qualifications; to provide for all related matters; to provide for a referendum; and for other purposes.
This 7th day of February, 1984.
Jesse Copelan, Jr. Representative, 106th District
GEORGIA LAWS 1984 SESSION Georgia, Fulton County.
4661
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 Eatonton Messenger which is the official organ of Putnam County, on the following date: February 9, 1984.
/s/ Jesse Copelan, Jr. Representative, 106th District
Sworn to and subscribed before me, this 13th day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 21,1984.
BOARD OF COMMISSIONERS OF BACON COUNTY -- COMMISSIONER DISTRICTS, ETC.
No. 1054 (House Bill No. 1683).
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
4662 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
as to provide for commissioner districts; to provide for qualifications, election, and terms; to provide for the election of the chairman of the board of commissioners; to provide that the chairman shall not have the right to vote except in the case of a tie vote; 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 five members of the board of commissioners of Bacon County, who must reside in districts, the county is divided into six districts as follows:
District 1
All that territory embraced within the boundaries of Bacon County
District 2
Bacon Tract 9901 That part of Block 254 within the City of Alma Those parts of Blocks 334 and 338 within the City of Alma Blocks 351 through 373 and 390 through 395 Blocks 401 through 403 Blocks 616 through 627 and 639 through 642 Blocks 703 through 705 and 723 That part of Block 858 within the City of Alma
GEORGIA LAWS 1984 SESSION
District 3
Bacon Tract 9901 Blocks 339 through 350, 374 through 389, and 396 through 399 Blocks 404 through 420 Those parts of Blocks 502, 503, and 527 within the City of Alma Blocks 528 through 530 That part of Block 531 within the City of Alma Block 532 Those parts of Blocks 533, 536, 538, and 539 within the City of Alma Blocks 541 and 543 through 550 Blocks 601 through 615, 628 through 638, and 643 through 650 Blocks 701, 702, 706 through 722, and 724 through 734 Those parts of Blocks 735 and 736 within the City of Alma That part of Block 857 within the City of Alma
District 4
Bacon Tract 9901 Block Group 1 Blocks 201 through 253 That part of Block 254 outside the City of Alma Blocks 255 and 257 through 267 Blocks 321, 322, and 328 through 333 That part of Block 334 outside the City of Alma Blocks 336 and 337 That part of Block 338 outside the City of Alma
4663
4664 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
District 5
Bacon Tract 9901 Block 335 Block 537 That part of Block 539 outside the City of Alma Those parts of Blocks 735 and 736 outside the City of Alma Blocks 740 and 741 Those parts of Blocks 742 and 758 lying south of Georgia Power line Block 759 That part of Block 760 lying south of Georgia Power line Those parts of Blocks 801 and 803 lying south of Georgia Power line Blocks 804 through 820 and 822 through 856 Those parts of Blocks 857 and 858 outside the City of Alma Blocks 859 through 874 and 899
District 6
Bacon Tract 9901 Blocks 301 through 320 and 323 through 327 Blocks 421 through 452 Block 501 Those parts of Blocks 502 and 503 outside the City of Alma Blocks 504 through 526 Those parts of Blocks 527, 531, 533, 536, and 538 outside the City of Alma Blocks 737 through 739 That part of Block 742 lying north of Georgia Power line Blocks 743 through 755 and 757 Those parts of Blocks 758 and 760 lying north of Georgia Power line
GEORGIA LAWS 1984 SESSION
4665
Blocks 761 through 797 That part of Block 801 lying north of
Georgia Power line Block 802 That part of Block 803 lying north of
Georgia Power line Blocks 888 and 889
(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) (1) At the general election conducted in 1984, the chairman and four members of the board shall be elected.
(2) The chairman shall be elected from District 1 for an initial term of four years beginning January 1,1985, and until his successor is elected and qualified.
(3) The members from Districts 2 and 5 shall each be elected for an initial term of four years beginning January 1,1985, and until their successors are elected and qualified. The members from Districts 4 and 6 shall each be elected for an initial term of two years beginning January 1,1985, and until their successors are elected and qualified.
(4) That person elected to represent the Alma District as a member of the board of commissioners of Bacon County at the 1982 general election, under previously existing provisions of this Act, shall serve out that member's 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 3 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.
(5) From January 1,1985, until January 1, 1987, the board of commissioners of Bacon County shall consist of the chairman and four members elected under this subsection and the incumbent member elected at the 1982 general election to represent the Alma District.
4666 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(b) Successors to those members elected under subsection (a) of this section shall be elected at the general election immediately preceding the expiration of the respective terms of office and they shall each take office January 1 following their election for terms of four years and until the election and qualification of their respective successors.
(c) The chairman and each member of the board shall be elected by a majority of the voters within their respective commissioner districts. The chairman and each member 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.'
Section 2. 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. Chairman and vice chairman, (a) At their first regular meeting in January, 1985, and at the first regular meeting in each year thereafter, the board of commissioners 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 at any time without notice, cause, or hearing.
(b) 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 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 not have the right to vote on any matters coming before the board except in the case of a tie vote. All six commissioners shall 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 the judge of the probate
GEORGIA LAWS 1984 SESSION
4667
court 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. Four members of the board shall constitute a quorum for the transaction of all business which may come before them."
Section 4. This Act shall become effective only in the event an Act entitled "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.", approved March 29, 1983 (Ga. L. 1983, p. 4538), is not approved by the United States Justice Department under Section 5 of the federal Voting Rights Act of 1965, as amended. In the event said Act is approved by the United States Justice Department under Section 5 of the federal Voting Rights Act of 1965, as amended, this Act shall be void and of no force and effect.
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 1984 Session of the Georgia General Assembly a bill to amend the Bacon County law relative to the Board of Commissioners (Georgia Laws 1963, pg. 2665, et seq.).
This 30th day of January, 1984.
4668 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Tommy Smith Representative, 152nd District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tommy Smith, who, on oath, deposes and says that he is Representative from the 152nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Alma Times-Statesman which is the official organ of Bacon County, on the following date: February 2,1984.
/s/ Tommy Smith Representative, 152nd District
Sworn to and subscribed before me, this 20th day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 21,1984.
GEORGIA LAWS 1984 SESSION
4669
TOOMBS COUNTY BOARD OF EDUCATION -- ELECTION OF MEMBERS -- EDUCATION DISTRICTS, ETC.
No. 1055 (House Bill No. 1685).
AN ACT
To amend an Act relating to the board of education of Toombs County, approved April 17, 1973 (Ga. L. 1973, p. 3022), so as to provide for the election of members of the Toombs County board of education; to provide that said board shall be composed of seven members; to provide for education districts; to provide for qualifications, initial and regular terms of office, officers, and compensation of members of the board of education; to provide a method for filling vacancies; 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 relating to the board of education of Toombs County, approved April 17,1973 (Ga. L. 1973, p. 3022), is amended by striking Sections 1 through 5 and substituting in lieu thereof new Sections 1 through 8 to read as follows:
"Section 1. The board of education of Toombs County shall be composed of seven members to be elected by a majority of the voters of the Toombs County school district as herein provided. For the purpose of electing the members of the board of education of Toombs County, the Toombs County school district is divided into six education districts as follows:
Education District 1
Education District 1 shall consist of that tract of land beginning at the intersection of the western boundary of the City of Lyons with the center of State Highway 280; thence in a westerly direction along the center of State Highway No. 280 to the eastern boundary of the City of Vidalia; thence in a northerly direction along the city limits of the City of Vidalia; thence continuing along the city limits of the City of Vidalia in a westerly direction; thence
4670 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
continuing along the city limits of the City of Vidalia in the form of an arc to the western boundary line of Toombs County; thence in a northerly direction along the Toombs County-Montgomery County boundary line to the Emanuel County boundary line; thence in an easterly direction along the Toombs CountyEmanuel County boundary line to the Tattnall County boundary line; thence in a southerly direction along the Toombs CountyTattnall County boundary line to the center of State Highway No. 280; thence in a northwesterly direction along the center of State Highway No. 280 to a point on the eastern city limits of the City of Lyons; thence in the form of an arc in a northerly direction along the city limits of the City of Lyons; thence continuing in an eastern direction along the city limits of the City of Lyons; thence continuing in a northerly direction along the city limits of the City of Lyons; thence continuing in a westerly direction along the city limits of the City of Lyons; thence continuing along the city limits of the City of Lyons in a westerly direction in the form of an arc to the center line of State Highway 280 and the point of beginning. Also included in Education District 1 is the City of Charles, Georgia.
Education District 2
Education District 2 shall consist of that tract of land beginning at the intersection of the center line of U. S. Highway No. 1, with the southern city limits of the City of Lyons; thence in a northwesterly direction along the city limits of the City of Lyons in the form of an arc to its intersection with State Highway No. 280; thence continuing along the city limits of the City of Lyons in the form of an arc in a northeasterly direction to the intersection of the city limits of the City of Lyons with the center of U. S. Highway No. 1; thence along the center of U. S. Highway No. 1 in a southerly direction to the southern city limits of the City of Lyons and the point of beginning.
Education District 3
Education District 3 shall consist of that tract of land beginning at the intersection of the center line of U. S. Highway No. 1 with the southern city limits of the City of Lyons; thence in a northerly direction along the center line of U. S. Highway No. 1 to the intersection of the center line of U. S. Highway No. 1 with the northern city limits of the City of Lyons; thence in a southeasterly
GEORGIA LAWS 1984 SESSION
4671
direction in the form of an arc along the city limits of the City of Lyons; thence continuing along the city limits of the City of Lyons in an easterly direction; thence continuing along the city limits of the City of Lyons in a southerly direction; thence continuing along the city limits of the City of Lyons in a westerly direction; thence continuing along the city limits of the City of Lyons in the form of an arc in a southwesterly direction to the center line of U. S. Highway No. 1 and the point of beginning.
Education District 4
Education District 4 shall consist of that tract of land beginning at the intersection of the center line of U. S. Highway No. 1 with the Toombs County-Appling County boundary line; thence in a westerly direction along the Toombs County-Appling County boundary line; thence in a westerly direction along the Toombs County-Jeff Davis County boundary line to the Montgomery County boundary line; thence in a northerly direction along the Toombs County-Montgomery County boundary line to the southwestern city limits of the City of Vidalia; thence along the southern city limits of the City of Vidalia in the form of an arc in a southeasterly direction; thence continuing along the city limits of the City of Vidalia in a southerly direction; thence continuing along the city limits of the City of Vidalia in a northeasterly direction to the center line of a certain Georgia Power Company power line right of way; thence along the center line of said right of way in a southeasterly direction; thence continuing along the center line of said right of way in a southerly direction to the center of U. S. Highway No. 1; thence in a southerly direction along the center of U. S. Highway No. 1 to the Toombs CountyAppling County boundary line and point of beginning.
Education District 5
Education District 5 shall consist of that tract of land beginning at the intersection of the center line of State Highway No. 56 with the Toombs County-Tattnall County boundary line; thence in a southwesterly direction along the center line of State Highway No. 56 to the intersection of the center line of State Highway No. 56 with the center line of the aforesaid Georgia Power Company power line right of way; thence in a northerly direction along the center line of said Georgia Power Company right of way; thence continuing along the center line of said right of way in a north-
4672 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
westerly direction to the intersection of the center of said right of way with the city limits of the City of Vidalia; thence in a northeasterly direction along the city limits of the City of Vidalia; thence continuing along the city limits of the City of Vidalia in a southeasterly direction; thence continuing along the city limits of the City of Vidalia in a northerly direction to its intersection with the center line of State Highway No. 280; thence in an easterly direction along the center of State Highway No. 280 to its intersection with the western city limits of the City of Lyons; thence in a southeasterly direction in the form of an arc along the city limits of the City of Lyons; thence continuing along the city limits of the City of Lyons in a northeasterly direction in the form of an arc to the intersection of the city limits of the City of Lyons with the center line of State Highway No. 280; thence in a southeasterly direction along the center line of State Highway No. 280 to its intersection with the Toombs County-Tattnall County boundary line; thence in a southerly direction along the Toombs CountyTattnall County boundary line to its intersection with the center line of State Highway No. 56 and point of beginning.
Education District 6
Education District 6 shall consist of that tract of land beginning at the intersection of the Toombs County-Tattnall County boundary line with the Toombs County-Appling County boundary line; thence in a westerly direction along the Toombs County-Appling County boundary line to its intersection with the center line of U. S. Highway No. 1; thence in a northerly direction along the centerline of the U. S. Highway No. 1 to its intersection with the center of the aforesaid Georgia Power Company power line right of way; thence along the center of said Georgia Power Company right of way to its intersection with the center line of State Highway No. 56; thence in a northeasterly direction along the center line of State Highway No. 56 to its intersection with the Toombs County-Tattnall County boundary line; thence in a southerly direction along the Toombs County-Tattnall County boundary line to the Toombs County-Appling County boundary line and point of beginning.
Section 2. Any part of the Toombs County school district which is not included in any education district described herein shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 1980 for the State of Georgia.
GEORGIA LAWS 1984 SESSION
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Section 3. The descriptions in this Act of education districts of the Toombs County school district are derived from the `General Highway Map, Toombs County, Georgia, Prepared by the Department of Transportation, Division of Planning and Programming, Planning Data Services,' dated 1978, showing a last revision date of March 28, 1979, and bearing the numerical designation of 279/138, which map is incorporated herein for a more particular description of the education district boundaries herein set forth and a copy of the same being recorded in Plat Book 19, Page 9, Office of the Clerk of the Superior Court, Toombs County, Georgia.
Section 4. Each education district shall have one member of the board of education who at the time of election and during his continuance in office shall be a bona fide resident of Toombs County and the election district from which elected and must also at the time of qualification for election have been a registered voter and elector of Toombs County and the education district for which he offers for election at least 90 days prior to qualification for election. Candidates seeking election shall be voted upon by the qualified voters of the election district in which each resides.
Section 5. The seventh member of the board of education shall be the chairman, and he shall at the time of election and during his continuance in office be a bona fide resident of Toombs County and the Toombs County school district and must also at the time of qualification for election have been a registered voter and elector of Toombs County and the Toombs County school district at least 90 days prior to qualification for election. The chairman shall be voted upon by the qualified voters of the Toombs County school district.
Section 6. (a) The members of the board of education who are presently serving shall continue in office until December 31,1984, and until their successors are duly elected and qualified. 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 herein.
(b) Members of the board of Education Districts 1,2, and 3 shall in 1984 be elected for a term of two years ending December 31,1986. The chairman and members of the board from Education Districts 4, 5, and 6 shall in 1984 be elected for a term of four years ending December 31,1988. Future members of the board shall be elected for terms of four years beginning on the first day of January next following their election.
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Section 7. 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 one year or less, the next regular grand jury of Toombs County shall appoint a successor to serve for the unexpired term. If the unexpired term is more than one year, 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 in accordance with the applicable provisions of Chapter 2 of Title 21 of the O.C.G.A.
Section 8. The chairman shall be compensated at the rate of $300.00 per month and all other members shall be compensated at the rate of $200.00 per month."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Notice of Intent to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1984 session of the General Assembly of Georgia, a bill to amend an Act concerning the Board of Education of Toombs County, approved April 17,1973 (Ga. L. 1973, p. 3022-3025); to provide for six education districts, and for other purposes.
This 11th day of February, 1984.
C. W. Culpepper Chairman, Toombs County Board of Education
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Roger C. 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-
GEORGIA LAWS 1984 SESSION
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tion was published in the Lyons Progress which is the official organ of Toombs County, on the following date: February 16,1984.
/s/ Roger C. Byrd Representative, 153rd District
Sworn to and subscribed before me: this 20th day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 21,1984.
BOARD OF COMMISSIONERS OF DeKALB COUNTY -- RESIGNATION OF MEMBER UPON BECOMING CANDIDATE FOR OTHER ELECTIVE OFFICE.
No. 1056 (House Bill No. 1514).
AN ACT
To amend an Act revising, superseding, and consolidating the laws pertaining to the governing authority of DeKalb County and creating a chairman and Board of Commissioners of DeKalb County, approved March 8,1956 (Ga. L. 1956, p. 3237), as amended, particularly by an Act approved April 5,1961 (Ga. L. 1961, p. 3461), and by an Act approved March 28,1974 (Ga. L. 1974, p. 3785), so as to change the provisions requiring members of the board of commissioners to resign to run for other offices and the provisions relating to the
4676 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
creation of vacancies if members of the board of commissioners run for other offices; to provide for other matters relative to the foregoing; to provide for automatic repeal; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act revising, superseding, and consolidating the laws pertaining to the governing authority of DeKalb County and creating a chairman and Board of Commissioners of DeKalb County, approved March 8,1956 (Ga. L. 1956, p. 3237), as amended, particularly by an Act approved April 5,1961 (Ga. L. 1961, p. 3461), and by an Act approved March 28,1974 (Ga. L. 1974, p. 3785), is amended by repealing from Section 4 that paragraph thereof which reads as follows:
"No member of the boards of commissioners of roads and revenues whose term of office does not expire in the year in which an election is held for office of chairman shall be qualified to be a candidate for the office of chairman unless he shall have first submitted his irrevocable resignation as a member of the board of commissioners of roads and revenues to the ordinary of the county and the chairman of the board of commissioners on or before March 1st, to be effective on or before December 31, of the year in which the election for chairman is held, at which time his office shall be deemed vacant. The vacancy thus created subsequent to said December 31 shall be filled by election in the same manner as prescribed by law for the election of members of the General Assembly.",
in its entirety.
Section 2. Said Act is further amended by striking Section 6A in its entirety and substituting in lieu thereof a new Section 6A to read as follows:
"Section 6A. (a) Except as otherwise provided by subsection (b) of this section, the chairman of the Board of Commissioners shall not be qualified to be a candidate for nomination or election to any other elective office, other than Chief Executive Officer of DeKalb County created by the Act establishing the form of government of DeKalb County and fixing the powers and duties of the governing authority of said county, approved April 9,1981 (Ga. L. 1981, p. 4304), as amended, unless the chairman shall resign from office as provided in subsection (b) of this section.
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(b) If the term of the other office to which the chairman of the Board of Commissioners seeks nomination or election expires on the same date that the chairman's term of office expires, then resignation from office under subsection (a) of this section shall not be required. If resignation is required under subsection (a) of this section, such resignation shall be irrevocable and shall be submitted to the Board of Commissioners by not later than April 1 of the year in which the election for the other office to which the chairman seeks nomination or election is held and shall be effective on December 31 of that year.
(c) Except as otherwise provided in subsection (d) of this section, no member of the Board of Commissioners shall be qualified to be a candidate for nomination or election to any other elective office, other than to succeed one's self as a member of the Board of Commissioners of DeKalb County under the Act establishing the form of government of DeKalb County and fixing the powers and duties of the governing authority of said county, approved April 9, 1981 (Ga. L. 1981, p. 4304), as amended, unless the member of the Board of Commissioners shall resign from office as provided in subsection (d) of this section.
(d) If the term of the other office to which the member of the Board of Commissioners seeks nomination or election expires on the same date that the member's term of office expires, then resignation from office under subsection (c) of this section shall not be required. If resignation under subsection (c) of this section is necessary, such resignation shall be irrevocable and shall be submitted to the Board of Commissioners by not later than April 1 of the year in which the election for the other office is held and shall be effective on December 31 of that year.
(e) The April 1 date specified in subsections (b) and (d) of this section for irrevocable resignation from office shall be deemed to be the date of the creation of a vacancy, notwithstanding the fact that the resignation is not effective until December 31 immediately following the date of resignation. Notwithstanding the provisions of Section 5 of this Act, no special election shall be held to fill such vacancy, and such vacancy shall be filled for the unexpired term by nomination and election at the immediately following general primary and election in the same manner as nomination and election for a full term of office as a member of the Board of Commissioners in accordance with the provisions of Chapter 2 of Title 21 of the O.C.G.A., known as the `Georgia Election Code.' "
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Section 3. On January 1,1985, which is the effective date of the Act establishing the form of government of DeKalb County and fixing the powers and duties of the governing authority of DeKalb County, approved April 9, 1981 (Ga. L. 1981, p. 4304), this Act shall stand repealed in its entirety.
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 1984 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; and for other purposes.
This 11th day of January, 1984.
Peggy Childs Representative, 53rd 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 Legislation was published in the Decatur-DeKalb News Era which is the official organ of DeKalb County, on the following date: January 19, 1984.
GEORGIA LAWS 1984 SESSION
/s/ Peggy Childs Representative, 53rd District
Sworn to and subscribed before me, this 30th day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 21,1984.
4679
BOARD OF EDUCATION OF GRADY COUNTY -- SINGLE-MEMBER ELECTION DISTRICTS.
No. 1059 (House Bill No. 1487).
AN ACT
To amend an Act creating a new board of education of Grady County, approved March 5, 1968 (Ga. L. 1968, p. 2120), so as to reapportion the board of education of Grady County into five singlemember districts; to provide for the election and terms of office of members of the board from single-member districts; to provide for two holdover positions on the board for a limited period of time; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating a new board of education of Grady County, approved March 5,1968 (Ga. L. 1968, p. 2120), is amended by
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striking Section 1 in its entirety and substituting in lieu thereof a new Section 1 to read as follows:
"Section 1. (a) Except as hereinafter provided, the board of education of Grady County shall be composed of one member from each of five education districts described in subsection (b) of this section. The members of the board shall be residents of the education districts they represent and shall be elected by a majority of the qualified electors voting within their respective districts. All members of the board of education shall be registered electors entitled to vote for members of the General Assembly of Georgia and shall have resided in Grady County for at least one year immediately preceding the date of their election and in the education district which they represent at least six months immediately preceding the date of their election. All members 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) For the purpose of electing members of the board of education, Grady County is divided into five education districts as follows:
Education District No. 1
Grady Tract 9901 Blocks 109 through 112, 131 through 133, 148, 149, 163, and 164 Blocks 223 through 225 Tract 9902 Block Groups 1 and 2 Blocks 301 through 307, 311, 316, and 320 Those parts of Blocks 321 through 324 outside the City of Cairo Block 325 Block Groups 4 and 6 Tract 9903 Block Group 3 Blocks 401 through 403 Those parts of Blocks 404 and 405 outside the City of Cairo Blocks 406 through 408 Blocks 501 through 547
GEORGIA LAWS 1984 SESSION
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Education District No. 2
Grady Tract 9901 Blocks 101 through 108, 113 through 130, 134 through 147, 150 through 162, and 165 through 171 Blocks 201 through 222 and 226 through 263 Those parts of Blocks 264 through 266 outside the City of Cairo Blocks 267 through 282 Blocks 301 through 305 and 318 Tract 9902 Blocks 308 through 310, 312 through 315, 318, and 319 Those parts of Blocks 321 through 323 outside the City of Cairo Blocks 501 through 524 Tract 9904 Blocks 301 through 307, 328 through 332, 351, and 365 through 368
Education District No. 3
Grady Tract 9903 Block 409 Blocks 548 and 549 Block Group 6 Tract 9904 Those parts of Blocks 121, 180, and 183 outside the City of Cairo Blocks 308 through 310 Those parts of Blocks 311 and 312 outside the City of Cairo Blocks 314 and 315 Those parts of Blocks 316, 317, and 319 outside the City of Cairo Blocks 320 through 327, 333 through 350, and 352 through 363 That part of Block 364 outside the City of Cairo
4682 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Block 371 Block Groups 4 and 5
Education District No. 4
Grady Tract 9902 That part of Block 324 within the City of Cairo Blocks 526 through 567 Tract 9903 Block Groups 1 and 2 Those parts of Blocks 404 and 405 within the City of Cairo Tract 9904 That portion of Block 205 west of Mill Creek Blocks 206 through 210 That part of Block 319 within the City of Cairo
Education District No. 5
Grady Tract 9901 Those parts of Blocks 264 through 266 within the City of Cairo Blocks 306 through 317 and 319 through 356 Block Group 4 Tract 9904 Blocks 101 through 120 That part of Block 121 within the City of Cairo Blocks 122 through 179 That part of Block 180 within the City of Cairo Blocks 181 and 182 That part of Block 183 within the City of Cairo Block 184 Blocks 201 through 204 That portion of Block 205 east of Mill Creek Blocks 211 through 228
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Those parts of Blocks 311, 312, 316, 317, and 364 within the City of Cairo"
Section 2. Said Act is further amended by striking Section 2 in its entirety and substituting in lieu thereof a new Section 2 to read as follows:
"Section 2. (a) The members elected from Education Districts 2 and 5 shall be elected at the general election of 1984 and each member shall serve for a term of office beginning January 1,1985, and ending December 31,1986. The members elected from Education Districts 1, 3, and 4 shall be elected at the general election of 1984 and each member shall serve for a term of office beginning January 1,1985, and ending December 31,1988. Thereafter, successors shall be elected at the general election immediately preceding the expiration of the terms of office and shall each serve for terms of office of four years beginning on the first day of January immediately following election and until their successors are elected and qualified. All members 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 persons elected to serve as members of the previous board of education from Education District No. 4 (Spence, Blowing Cave, and Lime Sink election districts) and Education District No. 5 (Duncanville and Pine Park election districts) shall continue to serve until the expiration of their respective terms of office, at which time their positions on the board shall stand abolished. In the event either member shall fail to finish his respective term of office due to resignation or for any other reason, the position he holds on the board shall cease to exist as of the date of his resignation or end of service."
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 January, 1984, Session of the General Assembly of the State of Georgia, a bill to provide for the election of members of the Grady County Board of Education, to provide for the redrawing of the boundaries defining
4684 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
education districts, to provide for the members solely by residents of each education district, to change the method of compensation for members of the Board of Education; and for other purposes related thereto.
This 23rd day of January, 1984.
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 Legislation was published in the Cairo Messenger which is the official organ of Grady County, on the following date: January 27,1984.
/s/ Bobby Long Representative, 142nd District
Sworn to and subscribed before me, this 31st day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 21,1984.
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GREENE COUNTY -- COMPENSATION OF CERTAIN PERSONNEL CHANGED.
No. 1060 (House Bill No. 1504).
AN ACT
To amend an Act placing certain county officers of Greene County upon an annual salary, approved March 6,1961 (Ga. L. 1961, p. 2182), as amended, so as to change the compensation provisions relating to the clerical help of the clerk of the Superior Court and the judge of the Probate Court of Greene 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 Greene County upon an annual salary, approved March 6,1961 (Ga. L. 1961, p. 2182), as amended, is amended by striking in its entirety subsection (a) of Section 3 and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The clerk of the Superior Court of Greene County shall receive the minimum salary provided by Code Section 15-6-88 of the O.C.G.A. and additional remuneration provided in Code Section 156-89 of the O.C.G.A., where applicable. Said compensation shall be paid in equal monthly installments out of county funds. The clerk shall be authorized to employ such help as he deems necessary to perform the duties of his office. The clerk shall receive for the purpose of employing such secretarial or clerical assistance an amount to be determined by the board of commissioners of Greene County, which amount shall not exceed the sum of $6,500.00 from county funds."
Section 2. Said Act is further amended by striking in its entirety subsection (a) of Section 4 and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The judge of the Probate Court of Greene County shall receive the minimum salary provided by Code Section 15-9-63 of the O.C.G.A. and the supplemental amount provided in Code Section 159-64 of the O.C.G.A., where applicable. Said compensation shall be
4686 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
paid in equal monthly installments out of county funds. The judge of the probate court shall be authorized to employ such help as he deems necessary to perform the duties of his office. The judge of the probate court shall receive for the purpose of employing such secretarial or clerical assistance an amount to be determined by the board of commissioners of Greene County, which amount shall not exceed the sum of $6,500.00 from county funds."
Section 3. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1984 session of the General Assembly of Georgia a bill to amend an Act providing compensation for specified officers in Greene County, Georgia, approved March 6, 1961, as amended, so as to change the compensation provisions relating to the clerical or secretarial help of the clerk of the Superior Court and the judge of the Probate Court of Green County; and for other purposes.
This 30 day of Jan., 1984.
Jesse Copelan, Jr. Representative, 106th District
Sam McGill Senator
GEORGIA LAWS 1984 SESSION Georgia, Fulton County.
4687
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 date: February 3,1984.
/s/ Jesse Copelan, Jr. Representative, 106th District
Sworn to and subscribed before me, this 6th day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 21,1984.
WALKER COUNTY -- COMPENSATION OF CORONER CHANGED.
No. 1061 (House Bill No. 1531). AN ACT
To amend an Act placing the coroner of Walker County on an annual salary, approved March 29, 1965 (Ga. L. 1965, p. 2710), as
4688 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
amended, particularly by an Act approved April 6,1981 (Ga. L. 1981, p. 3719), so as to change the compensation of the coroner; 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 placing the coroner of Walker County on an annual salary, approved March 29, 1965 (Ga. L. 1965, p. 2710), as amended, particularly by an Act approved April 6,1981 (Ga. L. 1981, p. 3719), is amended by striking Section 1 which reads as follows:
"Section 1. The Coroner of Walker County is hereby placed upon a salary of $300.00 per month in lieu of the fee system of compensation formerly allowed said officer. Said salary shall be in lieu of all fees, commissions, emoluments, and perquisites of whatever kind formerly allowed the Coroner of Walker County for his services as such. The Coroner shall also receive a mileage allowance of 20$ per mile when traveling by personal motor vehicle in the performance of his duties.",
and inserting in its place a new Section 1 to read as follows:
"Section 1. (a) In place of the fee system of compensation the coroner of Walker County shall be compensated as provided in this section. The compensation provided by this section shall be in place of all fees, commissions, emoluments, and perquisites of whatever kind formerly allowed to the coroner for his services as such.
(b) For each of the first four months following the effective date of this section the coroner shall receive a salary of $700.00 per month.
(c) For the fifth month following the effective date of this section and for each month thereafter the coroner shall receive a salary of $400.00 per month.
(d) The coroner shall also receive a mileage allowance of 20$ per mile when traveling by personal motor vehicle in the performance of his duties."
Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.
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Section 3. All laws and parts of laws in conflict with this Act are repealed.
Notice.
Notice is hereby given that there will be introduced at the regular 1984 session of the General Assembly of Georgia, a bill to amend an Act placing the Coroner of Walker County upon a monthly salary, approved March 29, 1965 (Ga. Laws 1965, page 2710), as amended; and for other purposes.
This 18th day of January, 1984.
Forest Hays, Jr. Representative, 1st District, Post 2
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Forest Hays, 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 date: January 25,1984.
/s/ Forest Hays, Jr. Representative, 1st District
4690 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 30th day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 21,1984.
TOWN OF TALLULAH FALLS -- MAXIMUM PUNISHMENT BY MUNICIPAL COURT.
No. 1062 (House Bill No. 1542).
AN ACT
To amend an Act creating a new charter for the Town of Tallulah Falls, approved February 6, 1984, said Act being Act No. 585, HB 1193, of the 1984 General Assembly, so as to modify the new charter for the Town of Tallulah Falls by changing the maximum punishment which may be imposed by the municipal court of the Town of Tallulah Falls; 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 Tallulah Falls, approved February 6,1984, said Act being Act No. 585, HB 1193, of the 1984 General Assembly, is amended by striking subsection (c) of Section 4.13 which reads as follows:
"(c) The municipal 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 town work gang or on the streets, sidewalks, squares, or other public works for a period not exceeding 30 days.",
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and inserting in its place a new subsection (c) of Section 4.13 to read as follows:
"(c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $500.00 or imprisonment for not more than 60 days or both; but the punishment imposed shall not exceed any maximum specified in the ordinance or statute governing the particular offense. In any case, however, where a general state law authorizes the municipal court to impose greater punishment, such general state law shall control."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Notice of Intent.
Notice is hereby given that Legislation to adopt a new charter for the town of Tallulah Falls, Georgia, will be introduced in the 1984 session of the General Assembly.
Donna A. Gray Clerk-Treasurer
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William J. Dover, who, on oath, deposes and says that he is Representative from the 11th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Tri-County Advertiser which is the official organ of Habersham County, on the following date: January 5, 1984.
/s/ William J. Dover Representative, 11th District
4692 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 2nd day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 21,1984.
McDuffie county -- annual salary of CORONER CHANGED.
No. 1063 (House Bill No. 1546).
AN ACT
To amend an Act placing the county officers of McDuffie County on an annual salary, approved March 9,1959 (Ga. L. 1959, p. 2568), as amended, particularly by an Act approved March 18, 1980 (Ga. L. 1980, p. 3262), so as to change the annual salary of the coroner of McDuffie County; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the county officers of McDuffie County on an annual salary, approved March 9,1959 (Ga. L. 1959, p. 2568), as amended, particularly by an Act approved March 18, 1980 (Ga. L. 1980, p. 3262), is amended by striking in its entirety Section 5A and inserting in its place a new Section 5A to read as follows:
"Section 5A. The coroner of McDuffie County shall receive an annual salary of $2,400.00 per year, payable in equal monthly installments from county funds."
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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 hereby given that there will be introduced at the regular 1984 session of the General Assembly of Georgia a bill to amend an Act placing the county officers of McDuffie County on an annual salary, approved March 9,1959 (Ga. L. 1959, p. 2568), as amended, so as to change the annual salary of the coroner of McDuffie County; and for other purposes.
This 30th day of January, 1984.
Warren D. Evans Representative, 84th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Warren D. Evans, who, on oath, deposes and says that he is Representative from the 84th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the McDuffie Progress which is the official organ of McDuffie County, on the following date: February 1, 1984.
/s/ Warren D. Evans Representative, 84th District
4694 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 7th day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 21,1984.
MAGISTRATE COURT OF DOUGHERTY COUNTY -- TERMS OF MAGISTRATES.
No. 1064 (House Bill No. 1550).
AN ACT
To amend an Act creating the Small Claims Court of Dougherty County, now the Magistrate Court of Dougherty County, approved March 24,1976 (Ga. L. 1976, p. 3164), as amended, particularly by an Act approved March 18,1983 (Ga. L. 1983, p. 4234), so as to change provisions relating to the terms of magistrates; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Small Claims Court of Dougherty County, now the Magistrate Court of Dougherty County, approved March 24,1976 (Ga. L. 1976, p. 3164), as amended, particularly by an Act approved March 18,1983 (Ga. L. 1983, p. 4234), is amended by striking in its entirety Section 3 and inserting in its place a new Section 3 to read as follows: "Section 3. Magistrates first appointed under Section 2 of this Act shall take office July 1, 1983, for an initial term which shall expire
GEORGIA LAWS 1984 SESSION
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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 four years and until their respective successors are appointed and qualified."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1984 session of the General Assembly of Georgia a bill to amend an Act creating Small Claims Court of Dougherty County, now the Magistrate Court of Dougherty County, approved March 24, 1976 (Ga. L. 1976, p. 3164), as amended, particularly by an Act approved March 18, 1983 (Ga. L. 1983, p. 4234), so as to change provisions relating to the terms of magistrates; and for other purposes.
This 1st day of February, 1984.
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 date: February 3,1984.
/s/ Tommy Chambless Representative, 133rd District
4696 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 7th day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 21,1984.
MAGISTRATE COURT OF LONG COUNTY -- MANNER OF APPOINTMENT OF CHIEF MAGISTRATE.
No. 1065 (House Bill No. 1551).
AN ACT
To provide for the selection of the chief magistrate for the Magistrate Court of Long County; to provide for other matters relative thereto; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. The chief magistrate for the Magistrate Court of Long County shall be appointed by a majority of the superior court judges of the Atlantic Judicial Circuit, subject to the approval of the governing authority of Long County.
Section 2. The first chief magistrate appointed under Section 1 of this Act shall take office January 1,1985, and shall serve for a term of office of four years and until his successor is appointed and qualified. Successors to the office of chief magistrate shall be appointed as provided in Section 1 of this Act for terms of four years and until their successors are appointed and qualified. All chief magistrates shall take office on the first day of January next following the expiration of the previous term of office.
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Section 3. The chief magistrate for the Magistrate Court of Long County who is in office on the effective date of this Act shall serve until December 31, 1984, and until his successor is appointed 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 hereby given that there will be introduced at the regular 1984 session of the General Assembly of Georgia a bill providing for the selection of the chief magistrate for the Magistrate Court of Long County; and for other purposes.
This 16 day of January, 1984.
Clinton Oliver Representative, 121st District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Clinton Oliver, who, on oath, deposes and says that he is Representative from the 121st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Ludowici News which is the official organ of Long County, on the following date: January 26,1984.
/s/ Clinton Oliver Representative, 121st District
4698 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 2nd day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 21,1984.
HENRY COUNTY -- COMPENSATION OF CERTAIN OFFICIALS -- PROVISIONS FOR EMPLOYEES.
No. 1066 (House Bill No. 1554).
AN ACT
To amend an Act placing the sheriff, probate judge, clerk of superior court, and tax commissioner of Henry County on an annual salary, approved March 25,1958 (Ga. L. 1958, p. 3127), as amended, particularly by an Act approved March 29, 1983 (Ga. L. 1983, p. 4518), 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 March 29, 1983 (Ga. L. 1983, p. 4518), is amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows:
"Section 2. (a) The salary of the sheriff of Henry County shall be $29,000.00 per annum to be paid in equal monthly installments out of county funds.
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(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 in its entirety and inserting in lieu thereof a new Section 3 to read as follows:
"Section 3. The clerk of the Superior Court of Henry County shall be paid a salary in an amount equal to 95 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 in its entirety and inserting in lieu thereof 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 95 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
4700 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 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, for in-county travel, equal to that of the sheriff."
Section 4. Said Act is further amended by striking Section 4A in its entirety and inserting in lieu thereof a new Section 4A to read as follows:
"Section 4A. The tax commissioner of Henry County shall receive an annual salary in an amount equal to 95 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 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 commissions 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 January 1,1985.
Section 6. All laws and parts of laws in conflict with this Act are repealed.
GEORGIA LAWS 1984 SESSION
4701
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1984 session of the General Assembly of Georgia a bill to amend an Act placing the sheriff, probate judge, clerk of superior court, and tax commissioner of Henry County on an annual salary, approved March 25, 1958 (Ga. L. 1958, p. 3127), as amended, particularly by an Act approved March 29, 1983 (Ga. L. 1983, p. 4518); and for other purposes.
This 23rd day of January, 1984.
Wesley Dunn Representative, 73rd District
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 date: February 1,1984.
/s/ Wesley Dunn Representative, 73rd District
4702 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 8th day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 21,1984.
BOARD OF COMMISSIONERS OF BARROW COUNTY -- COMPENSATION OF CHAIRMAN.
No. 1067 (House Bill No. 1571).
AN ACT
To amend an Act establishing the board of commissioners of Barrow County, approved April 2, 1976 (Ga. L. 1976, p. 4033), as amended, particularly by an Act approved April 6,1981 (Ga. L. 1981, p. 3710), so as to change the compensation of the chairman of said board; 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 establishing the board of commissioners of Barrow County, approved April 2, 1976 (Ga. L. 1976, p. 4033), as amended, particularly by an Act approved April 6,1981 (Ga. L. 1981, p. 3710), is amended by striking paragraph (1) of subsection (a) of Section 11 which reads as follows:
"(1) The chairman of the Board shall be compensated in the amount of $12,000.00 per annum; provided, that beginning on the first day of the term for which a chairman is elected at the general
GEORGIA LAWS 1984 SESSION
4703
election to be held in 1980, the chairman shall be compensated in the amount of $15,000.00 per annum. The salary of the chairman shall be paid in equal monthly installments from the funds of Barrow County. The chairman shall be on a full-time basis and shall devote himself solely to the duties of his office.",
and inserting in its place a new paragraph (1) to read as follows:
"(1) The chairman of the board shall be compensated by an annual salary which is equal in amount to the minimum annual salary to which the clerk of Superior Court of Barrow County is entitled under the general law prescribing minimum annual salaries for clerks of superior courts, except that the amount of any longevity increase to which the clerk of superior court may be entitled shall be excluded in computing the salary of the chairman of the board. The salary of the chairman of the board shall be paid in equal monthly installments from funds of Barrow County. The chairman shall be on a full-time basis and shall devote himself or herself solely to the duties of that office."
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 of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1984 Session of the General Assembly of Georgia a bill to amend an act establishing the Board of Commissioners of Barrow County, approved April 2, 1976, (Ga. L. 1976, p. 4033), as amended, particularly by an Act approved April 6,1981, (Ga. L. 1981, p. 3710), so as to change the compensation of the Chairman of said Board; to provide for related matters; to provide an effective date; and for other purposes.
This 23rd day of January, 1984.
4704 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 D. 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 date: January 25,1984.
/s/ John D. Russell Representative, 64th District
Sworn to and subscribed before me, this 8th day of February, 1984.
/s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 28, 1984. (Seal).
Approved March 21,1984.
GEORGIA LAWS 1984 SESSION
4705
UNION COUNTY -- COMPENSATION AND EXPENSE ALLOWANCES OF PROBATE JUDGE.
No. 1068 (House Bill No. 1608).
AN ACT
To amend an Act abolishing the fee system for the judge of the Probate Court of Union County and providing an annual salary for said officer, approved February 27, 1970 (Ga. L. 1970, p. 2182), as amended, particularly by an Act approved April 6,1981 (Ga. L. 1981, p. 3868) and by an Act approved February 25, 1982 (Ga. L. 1982, p. 3573), so as to change the provisions relative to the compensation and expenses of said officer; to provide for the employment 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 abolishing the fee system for the judge of the Probate Court of Union County and providing an annual salary for said officer, approved February 27, 1970 (Ga. L. 1970, p. 2182), as amended, particularly by an Act approved April 6,1981 (Ga. L. 1981, p. 3868) and by an Act approved February 25, 1982 (Ga. L. 1982, p. 3573), is amended by striking Section 1 in its entirety and substituting in lieu thereof a new Section 1 to read as follows:
"Section 1. (a) The judge of the Probate Court of Union County shall receive an annual salary of $18,500.00 payable in equal monthly installments from the funds of Union County.
(b) The judge of the probate court shall be authorized to employ one assistant at a salary not to exceed $14,500.00 per annum, unless the judge of the probate court and the governing authority of Union County approve an increase in the compensation of such assistant above said amount.
(c) Upon the recommendation of the judge of the probate court, the governing authority of said county may authorize said officer to employ personnel in addition to the assistant provided for in subsection (b) of this section, either on a part-time or full-time basis.
4706 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Subject to the approval of the county governing authority, the judge of the probate court may fix the compensation of such additional personnel. All personnel provided for in subsection (b) of this section and in this subsection shall be paid from the funds of Union County.
(d) It shall be within the sole power of the judge of the probate court, during said officer's term of office, to designate and name the person or persons who shall be employed by said officer and to prescribe the duties and assignments of such employees and to remove or replace any of such employees at will and within the sole discretion of said officer."
Section 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 hereby given that there will be introduced at the regular 1984 session of the General Assembly of Georgia a bill to amend an Act abolishing the fee system for the judge of the Probate Court of Union County and providing an annual salary for said officer, approved February 27,1970 (Ga. L. 1970, p. 2182), as amended; and for other purposes.
This 2nd day of February, 1984.
Carlton Colwell
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
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official organ of Union County, on the following date: February 9, 1984.
/s/ Carlton H. Colwell Representative, 4th District
Sworn to and subscribed before me, this 9th day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 21,1984.
RABUN COUNTY -- COMPENSATION OF SHERIFF, ETC.
No. 1069 (House Bill No. 1678).
AN ACT
To amend an Act placing the sheriff of Rabun County on a salary, approved April 5,1965 (Ga. L. 1965, p. 3218), as amended by an Act approved April 28,1969 (Ga. L. 1969, p. 3975), an Act approved April 13,1973 (Ga. L. 1973, p. 2706), and an Act approved April 11, 1979 (Ga. L. 1979, p. 3475), so as to change the compensation of the sheriff; to change the compensation of deputy sheriffs; to provide for a chief investigator; to provide for the duties and compensation of the chief investigator; to provide an effective date; to repeal conflicting laws; and for other purposes.
4708 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Be it enacted by the General Assembly of Georgia:
Section 1. An Act placing the sheriff of Rabun County on a salary, approved April 5,1965 (Ga. L. 1965, p. 3218), as amended by an Act approved April 28, 1969 (Ga. L. 1969, p. 3975), an Act approved April 13,1973 (Ga. L. 1973, p. 2706), and an Act approved April 11,1979 (Ga. L. 1979, p. 3475), 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 sheriff shall receive an annual salary of not less than $22,000.00, the exact amount to be fixed in the budget. The sheriffs salary shall be paid in equal monthly installments from the funds of Rabun County."
Section 2. Said Act is further amended by striking the third paragraph of Section 4 thereof in its entirety and inserting in lieu thereof a new paragraph to read as follows:
"The sheriff may employ one full-time chief deputy and four fulltime deputies. The chief deputy shall receive an annual salary of not less than $10,000.00 and not more than $14,000.00. Each other deputy shall receive an annual salary of not less than $9,000.00 and not more than $13,000.00. The sheriff may employ a chief investigator and designate his duties. The chief investigator shall receive an annual salary not to exceed $17,000.00. The exact amount of such salaries shall be submitted by the sheriff in his proposed budget, or any amendment to the budget, and shall be paid out of county funds."
Section 3. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1984 session of the General Assembly of Georgia a bill to amend an Act placing the Sheriff of Rabun County on a salary, approved April 5,1965 (Ga. L. 1965, p. 3218), as amended; and for other purposes.
GEORGIA LAWS 1984 SESSION This 6 day of Feb., 1984.
4709
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 date: February 16,1984.
/s/ Ralph Twiggs Representative, 4th District
Sworn to and subscribed before me, this 20th day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 21,1984.
MAGISTRATE COURT OF TALBOT COUNTY -- PROBATE JUDGE DESIGNATED CHIEF MAGISTRATE.
No. 1070 (House Bill No. 1679).
AN ACT
To make provisions for the Magistrate Court of Talbot County; to provide that the judge of the Probate Court of Talbot County shall
4710 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
serve as the chief magistrate of Talbot County; 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 Talbot County shall serve as the chief magistrate of Talbot County.
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Notice of Intent to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1984 session of the General Assembly of Georgia a bill to provide that the Judge of the Probate Court of Talbot County shall serve as the Chief Magistrate of Talbot County; and for other purposes.
This 13th day of February, 1984.
Claude Bray Representative
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 date: February 16, 1984.
GEORGIA LAWS 1984 SESSION
4711
/s/ Claude A. Bray, Jr Representative, 91st District
Sworn to and subscribed before me, this 20th day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 21,1984.
FULTON COUNTY LIBRARY SYSTEM -- COMPOSITION OF BOARD OF TRUSTEES, ETC.
No. 1071 (House Bill No. 1324).
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), as amended by an Act approved March 18,1983 (Ga. L. 1983, p. 4228), so as to provide for the composition of the library board of trustees; to provide for staggered terms of members of the board of trustees of the county-wide library system; 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 countywide library system in Fulton County, approved April 12,1982 (Ga. L. 1982, p. 4174), as amended by an Act approved March 18,1983 (Ga. L.
4712 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
1983, p. 4228), is amended by striking Section 4 thereof in its entirety and inserting in lieu thereof a new Section 4 to read as follows:
"Section 4. (a) Responsibility for constructing, operating, and maintaining all library facilities and services within the above-mentioned portions of Fulton County shall hereinafter be vested in the county-wide library system which shall be administered by the library board of trustees. The members of the Board of Trustees of the Atlanta Public Library at the time of the effective date of this Act shall be and become members of the library board of trustees and shall serve in that capacity through midnight June 30, 1984. Commencing July 1,1984, the composition of the library board of trustees shall be as hereinafter provided.
(b) The mayor of the City of Atlanta or his designee shall serve on the library board of trustees in an ex officio capacity. The mayor of the City of Atlanta shall also appoint one member of the Atlanta City Council to serve as a regular member on the library board of trustees. The Chairman of the Fulton County Board of Commissioners or his designee shall also serve on the library board of trustees in an ex officio capacity; and the board of commissioners shall elect one member from their board to serve as a regular member of the library board of trustees. Each member selected pursuant to this subsection shall serve for a term of four years; provided that the term shall expire at midnight on June 30 of the fourth year of the term of each such member.
(c) On or before July 1, 1984, the Board of Commissioners of Fulton County shall appoint six members of such library board of trustees, and of such membership one member shall be a resident of a municipality from the north Fulton area, one member shall be a resident of a municipality from the south Fulton area, one member shall be a resident from the special tax district of the unincorporated area, and three members shall be residents of the City of Atlanta. The Chairman of the Fulton County Board of Commissioners shall appoint a seventh member, who shall be a resident of any area of Fulton County. Each of the three members from designated areas of the county as stated above shall serve a term of four years; provided that the term shall expire at midnight on June 30 of the fourth year of such member's term. The three members from the City of Atlanta and the member appointed by the Chairman of the Fulton County Board of Commissioners shall serve a term of two years; provided that the term shall expire at midnight on June 30 of the second year of
GEORGIA LAWS 1984 SESSION
4713
such member's term. Upon the expiration of all of the terms as set forth above, the members of the said library board of trustees shall thereafter serve a term of four years.
(d) In addition to the above members of the library board of trustees, the following persons on the said board at the time of the effective date of this Act shall continue to serve for a term of four years beginning July 1,1984:
1. The chairman of the library board of trustees at the time of the effective date of this Act.
2. The immediate past chairman of said board if such person is on the library board of trustees at the time of the effective date of this Act.
3. One other person who is a member of the library board of trustees at the time of the effective date of this Act, such person to be appointed by the Board of Commissioners of Fulton County on or before July 1,1984.
4. The purpose of this subsection is to provide for the continued service on the library board of three members who are serving on the effective date of this Act for a term of four years, beginning July 1, 1984. If either the present chairman or the immediate past chairman is unable to serve for the new term beginning July 1,1984, or any portion of such term, the board of commissioners shall appoint any person on such present board of trustees to serve for such term or balance of such term.
5. At the expiration of the term of the persons serving under this subsection, the library board of trustees shall consist of eleven members, four under the provisions of subsection (b) and seven under subsection (c).
(e) Members of the library board of trustees shall be removed for cause or for failure to attend three consecutive meetings pursuant to the bylaws of the library board of trustees.
(f) Vacancies on the library board of trustees shall be filled in the same manner as appointments are made. If a vacancy occurs prior to the expiration of a trustee's term, the person who is appointed to fill that vacancy shall serve for the unexpired term.
4714 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(g) 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 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."
Section 2. 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 1984 Session of the General Assembly of Georgia a bill to amend an Act; to provide for the establishment of a county-wide library system in Fulton County, approved April 13,1982, Ga. Laws 1982, Page 4174, as amended, and for other purposes.
GEORGIA LAWS 1984 SESSION
4715
John Tye Ferguson Associate County Attorney
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Luther S. Colbert, who, on oath, deposes and says that he is Representative from the 23rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following date: January 12, 1984.
/s/ Luther S. Colbert Representative, 23rd District
Sworn to and subscribed before me, this 26th day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 21,1984.
4716 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
COMPENSATION TO GRACE E. AHEARN.
No. 63 (House Resolution No. 653).
A RESOLUTION
Compensating Grace E. Ahearn; and for other purposes.
WHEREAS, on April 18, 1983, Grace E. Ahearn fell into the unlighted orchestra pit in the Howard Auditorium of Abraham Baldwin Agricultural College as she was leaving a concert; and
WHEREAS, at the time of the accident, the orchestra pit was not enclosed by protective railings or any other devices to guard against such an accident; and
WHEREAS, the accident caused three breaks in the shoulder which necessitated corrective surgery and the wearing of a cast on the right arm for an indefinite period of time; and
WHEREAS, she had to endure 14 days in the hospital as a result of the injury and suffered severe contusions and abrasions as well as a hematoma on the left leg; and
WHEREAS, she is 68 years of age and was forced to hire the services of several people to assist her as a result of the disability, and she has had to undergo extensive therapy to regain the use of her leg and remains in therapy to restore the use of her arm; and
WHEREAS, in addition to these physical impairments, the accident rendered her unable to work which resulted in a loss of income; and
WHEREAS, the accident occurred through no fault or negligence on the part of Grace E. Ahearn, and it is only fitting and proper that she be reimbursed for her loss.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the University System of Georgia is authorized and directed to pay the sum of $6,350.79 to Grace E. Ahearn as compensation as provided above. Said sum shall be paid from funds appropriated to or available to the University System of
GEORGIA LAWS 1984 SESSION
4717
Georgia and shall be in full and complete satisfaction of all claims against the state arising out of said occurrence.
Approved March 28,1984.
SOUTH OAKS ROAD DESIGNATED.
No. 64 (House Resolution No. 655).
A RESOLUTION
Naming the South Oaks Road in Dooly County; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the portion of Georgia Highway 230 running south from the corporate limits of the Town of Byromville in Dooly County to its intersection with River Road near the Flynt River is hereby designated and named the "South Oaks Road."
BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place appropriate signs on the portion of Georgia State Highway 230 described above designating said portion as "South Oaks Road."
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit an appropriate copy of this resolution to the Commissioner of the Department of Transportation.
Approved March 28,1984.
4718 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
THOMAS B. MURPHY BALLROOM DESIGNATED.
No. 65 (House Resolution No. 706).
A RESOLUTION
Providing for the designation of the "Thomas B. Murphy Ballroom" of the Georgia World Congress Center; and for other purposes.
WHEREAS, the Georgia World Congress Center is one of the most successful international trade and convention centers in the country; and
WHEREAS, its success clearly justified an expansion and improvement of this already outstanding facility; and
WHEREAS, Speaker of the House Thomas B. Murphy had the foresight to recognize that the success and continued improvement of the Georgia World Congress Center serves the interests of all Georgians; and
WHEREAS, Speaker Murphy was instrumental in gaining legislative approval of the bond issue which allowed the improvement and expansion of this great facility.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Board of Governors of the Geo. L. Smith II World Congress Center Authority is authorized and directed to designate the main ballroom of the facility as the "Thomas B. Murphy Ballroom" and to affix an appropriate plaque at the entrance of the ballroom for that purpose.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit appropriate copies of this resolution to Speaker of the House Thomas B. Murphy and to the Board of Governors of the Geo. L. Smith II World Congress Center Authority.
Approved March 28,1984.
GEORGIA LAWS 1984 SESSION
4719
SIDNEY J. MARCUS AUDITORIUM DESIGNATED.
No. 66 (House Resolution No. 710).
A RESOLUTION
Designating the auditorium of the Geo. L. Smith II Georgia World Congress Center as the "Sidney J. Marcus Auditorium" of the Georgia World Congress Center; and for other purposes.
WHEREAS, the Geo. L. Smith II Georgia World Congress Center Authority is constructing an expansion of the present facility; and
WHEREAS, Honorable Sidney J. Marcus served in the House of Representatives from 1969 until his untimely death in 1983; and
WHEREAS, he was one of the prime movers in initiating the expansion of the Georgia World Congress Center and in securing funding for its construction; and
WHEREAS, in his position as chairman of the Fulton County House Delegation, he devoted his efforts to improving relations between rural and urban legislators; and
WHEREAS, Representative Marcus's dedication to the people of the 26th District of the City of Atlanta, Fulton County, and the State of Georgia has left a lasting impression; and
WHEREAS, it is fitting and proper that a person who gave so unstintingly of his energies and who worked so diligently for the interests of the State of Georgia should be recognized and remembered for these contributions.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the auditorium of the Geo. L. Smith II Georgia World Congress Center be named and designated the "Sidney J. Marcus Auditorium" of the Georgia World Congress Center in honor of the late Representative Sidney J. Marcus.
BE IT FURTHER RESOLVED that the Geo. L. Smith II Georgia World Congress Center Authority is directed to identify with proper and appropriate signs on, in, and around the expansion the name thereof.
Approved March 28,1984.
4720 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ENSIGN ASHLEY D. MORRIS MEMORIAL BRIDGE DESIGNATED.
No. 67 (House Resolution No. 713).
A RESOLUTION
Designating the bridge on State Road 31, U. S. Highway 441 over Pudden Creek north of Pearson in Atkinson County, Georgia, as the Ensign Ashley D. Morris Memorial Bridge; and for other purposes.
WHEREAS, Ashley D. Morris was the only child of the late Dr. and Mrs. Jesse S. Morris of Pearson, Georgia; and
WHEREAS, he was commissioned an ensign in the United States Navy in 1941, serving on the U. S. S. Atlanta; and
WHEREAS, on November 13, 1942, the U. S. S. Atlanta took an active part in the Battle of Guadalcanal, one of the fiercest sea battles of modern times, and was severely damaged; and
WHEREAS, Ensign Ashley D. Morris was killed in that action, the first person from Atkinson County to die in World War II; and
WHEREAS, it would be appropriate that his memory be honored by the designation of a bridge as the Ensign Ashley D. Morris Memorial Bridge.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the bridge on State Road 31, U. S. Highway 441 over Pudden Creek north of Pearson in Atkinson County, Georgia, is dedicated as a memorial to Ensign Ashley D. Morris and shall be designated the Ensign Ashley D. Morris Memorial Bridge.
GEORGIA LAWS 1984 SESSION
4721
BE IT FURTHER RESOLVED that the Department of Transportation is directed to place and maintain appropriate markers at said bridge designating it as the Ensign Ashley D. Morris Memorial Bridge.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit an appropriate copy of this resolution to the family of Ensign Ashley D. Morris.
Approved March 28,1984.
COMPENSATION TO DUANE E. HENGGELER.
No. 70 (House Resolution No. 182).
A RESOLUTION
Compensating Mr. Duane E. Henggeler; and for other purposes.
WHEREAS, on September 23,1981, Mr. Duane E. Henggeler was traveling northbound on Georgia Highway 41, approximately 2.6 miles north of Greenville, Georgia; and
WHEREAS, a tractor with a mower attachment owned by the Department of Transportation and operated by an employee thereof was proceeding in a southerly direction mowing grass on the right of way on the west side of Highway 41; and
WHEREAS, the mowing attachment threw a rock through the front windshield of Mr. Henggeler's vehicle; and
WHEREAS, the rock struck Mr. Henggeler in the head causing severe injuries and resulting in extensive medical treatment and surgery; and
4722 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
WHEREAS, Mr. Henggeler has suffered personal injury losses totaling $25,000.00; and
WHEREAS, the loss occurred through no fault or negligence on the part of Mr. Henggeler and it is only fitting and proper that he be reimbursed for his loss.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Transportation is authorized and directed to pay the sum of $25,000.00 to Mr. Duane E. Henggeler 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 28,1984.
COMPENSATION TO PEGGY J. SNOW. No. 73 (House Resolution No. 445). A RESOLUTION
Compensating Ms. Peggy J. Snow; and for other purposes. WHEREAS, on March 6, 1983, the home, motor vehicle, and property of Ms. Peggy J. Snow, 2965 Sommers Drive, Macon, Georgia, were damaged by flood waters during a rainstorm; and WHEREAS, the flood waters reached the property of Ms. Snow because four walk-through culverts which run under Interstate 75 in the vicinity of Sommers Drive were blocked with sand and debris; and WHEREAS, the Department of Transportation was aware of this blockage prior to the flood but had not cleared the culverts; and
GEORGIA LAWS 1984 SESSION
4723
WHEREAS, Ms. Snow suffered damages to property totaling $858.75; and
WHEREAS, said accident occurred through no fault or negligence on the part of Ms. Snow and it is only fitting and proper that Ms. Peggy J. Snow be compensated for her loss.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Georgia Department of Transportation is authorized and directed to pay the sum of $858.75 to Ms. Peggy J. Snow as compensation as provided above. Said sum shall be paid from funds appropriated to or available to the Department of Transportation and shall be in full and complete satisfaction of all claims against the state arising out of said occurrence.
Approved March 28,1984.
COMPENSATION TO FRANCES J. DuVERNOIS.
No. 74 (House Resolution No. 446).
A RESOLUTION
Compensating Ms. Frances J. DuVernois; and for other purposes.
WHEREAS, on March 6, 1983, the home, motor vehicle, and property of Ms. Frances J. DuVernois, 3011 Sommers Drive, Macon, Georgia, were damaged by flood waters during a rainstorm; and
WHEREAS, the flood waters reached the property of Ms. DuVernois because four walk-through culverts which run under Interstate 75 in the vicinity of Sommers Drive were blocked with sand and debris; and
WHEREAS, the Department of Transportation was aware of this blockage prior to the flood but had not cleared the culverts; and
4724 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
WHEREAS, Ms. DuVernois suffered damages to property totaling $564.62; and
WHEREAS, said accident occurred through no fault or negligence on the part of Ms. DeVernois and it is only fitting and proper that Ms. Frances J. DuVernois be compensated for her loss.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Georgia Department of Transportation is authorized and directed to pay the sum of $564.62 to Ms. Frances J. DuVernois as compensation as provided above. Said sum shall be paid from funds appropriated to or available to the Department of Transportation and shall be in full and complete satisfaction of all claims against the state arising out of said occurrence.
Approved March 28,1984.
COMPENSATION TO J. C. AND LAVADA AMERSON.
No. 75 (House Resolution No. 447).
A RESOLUTION
Compensating J. C. and Lavada Amerson; and for other purposes.
WHEREAS, on March 6, 1983, the home, motor vehicle, and property of J. C. and Lavada Amerson, 2977 Sommers Drive, Macon, Georgia, were damaged by flood waters during a rainstorm; and
WHEREAS, the flood waters reached the property of the Amersons because four walk-through culverts which run under Interstate 75 in the vicinity of Sommers Drive were blocked with sand and debris; and
WHEREAS, the Department of Transportation was aware of this blockage prior to the flood but had not cleared the culverts; and
GEORGIA LAWS 1984 SESSION
4725
WHEREAS, the Amersons suffered damages to property totaling $810.00; and
WHEREAS, said accident occurred through no fault or negligence on the part of the Amersons and it is only fitting and proper that J. C. and Lavada Amerson be compensated for their loss.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Georgia Department of Transportation is authorized and directed to pay the sum of $810.00 to J. C. and Lavada Amerson as compensation as provided above. Said sum shall be paid from funds appropriated to or available to the Department of Transportation and shall be in full and complete satisfaction of all claims against the state arising out of said occurrence.
Approved March 21,1984.
DAVID LUCAS PEDESTRIAN WALKWAY DESIGNATED.
No. 78 (House Resolution No. 543).
A RESOLUTION
Designating the David Lucas Pedestrian Walkway; and for other purposes.
WHEREAS, David Lucas was born on February 6, 1927, in Macon, Georgia; and
WHEREAS, he attended L. H. Williams Elementary School and Old Hudson High School, where he excelled in the sport of basketball; and
WHEREAS, after a long and distinguished career as head football, basketball, and track coach in Elberton, Georgia, he returned to
4726 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
his native city of Macon as the assistant head coach for football, basketball, and track at Ballard Hudson High School; and
WHEREAS, throughout his coaching career, he was instrumental in aiding numerous young people to develop into outstanding citizens; and
WHEREAS, in 1963, he assumed the position of relocation officer for the urban renewal project in Macon and helped many underprivileged families to find decent housing within that community; and
WHEREAS, he joined the Georgia Department of Labor in 1967 as an employer interviewer and devoted his efforts and expertise to the administration of the W.I.N. program until his death in 1978; and
WHEREAS, it is only fitting that a man who contributed so much to his community be appropriately recognized and remembered.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the pedestrian walkway across Interstate 75 in Macon, Georgia, that connects the Pleasant Hill community and the site of the L. H. Williams Elementary School to the Booker T. Washington Community Center, formerly the site of Old Hudson High School, be designated the David Lucas Pedestrian Walkway.
BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place appropriate markers designating the aforementioned pedestrian walkway as the David Lucas Pedestrian Walkway.
Approved March 28,1984.
GEORGIA LAWS 1984 SESSION
4727
COBB COUNTY STADIUM AUTHORITY ACT.
No. 1078 (House Bill No. 1400).
AN ACT
To create the Cobb County Stadium Authority and to authorize such Authority to acquire, construct, equip, maintain and operate one or more athletic stadia and the usual facilities related thereto, parking facilities or parking areas in connection therewith, recreation centers and areas, including but not limited to, athletic fields, parking facilities or parking areas in connection therewith, and related buildings and the usual and convenient facilities appertaining to such undertakings, and extensions and improvements of such facilities; to acquire the necessary property therefor, both real and personal, and to lease, sell or operate any or all of such facilities, including real property; to confer powers and to impose duties on the Authority; to provide for the membership and for the appointment of members of the Authority and their terms of office; to authorize the Authority to contract with others pertaining to the use of its facilities and to execute leases of such facilities and to convey title to real property in fee simple of the Authority and to do all things deemed necessary or convenient for the operation of such undertakings; to authorize the issuance of revenue bonds or obligations of the Authority, payable from the revenues, fees, charges and earnings of the Authority, including, but not limited to, earnings derived from contracts, leases, concessions and income from conveyances of real and personal property of the Authority, to pay the cost of such undertakings and to authorize the collection and pledging of the revenues and earnings of the Authority for the payment of such bonds or obligations and for the cost of operating, maintaining, and repairing such projects; to authorize the execution of trust instruments, mortgages and emcumbrances of the Authority's property to secure the payment of such bonds; to provide rights for the holders of such bonds; to provide that such bonds shall not constitute a debt of the State nor of any city, town, municipality, or county thereof; to make such bonds legal investments and exempt the same and the income therefrom and interest thereon along with all property of the Authority from taxation; to authorize the issuance of refunding bonds; to provide for validation of such bonds and the security therefor; to fix the venue or jurisdiction of the actions relating to any provisions of this Act; to
4728 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
limit the period of time in which any action may be brought to contest the validity of such bonds or of any security provided therefor; to provide for the severability of the provisions of this Act; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Short Title. This may be cited as the "Cobb County Stadium Authority Act."
Section 2. The Cobb County Stadium Authority, (a) There is hereby created a body corporate and political to be known as the Cobb County Stadium Authority, which shall be deemed to be a political subdivision of the State of Georgia and a public corporation thereof and by that name, style and title said body may contract and be contracted with, sue and be sued, implead and be impleaded, complain and defend in all courts of law and equity.
(b) Without limiting the generality of any provisions of this Act, the general purpose of the Authority is declared to be that of acquiring, constructing, equipping, maintaining and operating one or more projects consisting of athletic stadium type facilities to be used for athletic contests, games, meetings, trade fairs, expositions, political conventions, agricultural events, theatrical and musical performances, conventions and other public entertainments, and the usual facilities related thereto, including, without limitation, refreshment stands and restaurants, and facilities for the purveying of foods, beverages, publications, souvenirs, novelties and goods of all kinds, whether operated or purveyed directly or indirectly through concessions, licenses, leases or otherwise, parking facilities or parking areas in connection therewith; for acquiring, constructing, equipping, maintaining and operating recreational centers and areas including, but not limited to, athletic facilities and related buildings, and the usual and convenient facilities appertaining to such undertakings; the extension and improvements of such facilities; acquiring the necessary property therefor, both real and personal, with the right to contract for the use of, or to lease or sell any or all of such facilities, including real property, and to do any and all things deemed by the Authority necessary, convenient and desirable for and incident to the efficient and proper development of such types of undertakings.
Section 3. (a) The Authority shall consist of seven members. The Board of Commissioners in and for the County of Cobb shall
GEORGIA LAWS 1984 SESSION
4729
appoint three members who shall serve as members of Posts 1, 2 and 3, respectively. The Board of Education of Cobb County shall appoint four members who shall serve as members of Posts 4,5,6 and 7, respectively.
(b) The terms of the initial members of the Authority shall expire, as follows:
Post 1 Post 2 Post 3 Post 4 Post 5 Post 6 Post 7
June 1, 1984 June 1, 1985 June 1, 1986 June 1, 1984 June 1, 1985 June 1, 1986 June 1, 1984
Thereafter the members of the authority shall serve for a term of five years or until their successors are selected and qualified.
(c) Vacancies on the Authority shall be filled by the body designated to fill such posts described in subsection (a) above. The appointment of any person to fill an expired term shall be only for the remainder of such term.
(d) The Board of Commissioners and Board of Education shall proceed to select the members of the Authority immediately after the effective date of this Act. Immediately after the selection of the members as aforesaid, the members shall organize and enter upon the performance of their duties.
(e) The Authority shall elect one of its members as Chairman and another as Vice-Chairman, and shall elect a Secretary-Treasurer, who may, but need not necessarily, be a member of the Authority.
(f) Four members of the Authority shall constitute a quorum, and no vacancy on the Authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the Authority at every meeting, and in every instance a majority vote shall authorize any legal act of the authority, including all things necessary to authorize and issue revenue bonds.
(g) If at any time, by reason of common disaster, or by reason of the failure of the members of the Authority hereby appointed to
4730 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
accept their appointment, or for any other reason, there shall not be sufficient members of the Authority willing and able to meet and constitute a quorum, any resident of the State of Georgia may file in the office of the Clerk of the Superior Court of Cobb County, Georgia, a petition directed to the Superior Court of Cobb County against the Authority setting forth that there are not sufficient members of the Authority willing and able to meet and constitute a quorum, and setting forth the reason or reasons therefor, and showing the necessity of having a sufficient number of members of the Authority appointed in order that a quorum may be available and shall obtain from the judge of the said court an order requiring the Authority to show cause at such time and place, either in term or chambers, within 20 days of the filing of the petition, as the judge may direct, why the said judge should not appoint sufficient members to the Authority to enable the Authority to obtain a quorum. In the event there is no officer or agent of the Authority upon whom service may be made, and the court shall so find, the cause shall proceed to be heard ex parte. At the time designated for the hearing of said cause the judge of said court shall proceed to hear and determine all questions of law and of fact in said cause and shall render judgment thereon, and, in the event said judgment shall find that a necessity exists for the making of such appointment or appointments, such judge shall then make such appointment or appointments either for the remainder of an unexpired term or terms or for such new term or terms as may not have been filled, and shall include such appointment or appointments in said judgment, and, if the petitioning party or parties shall be dissatisfied with said judgment the petitioning party or parties may except thereto within 20 days from the date of the judgment, and said judgment shall be reviewable as are other final judgments of the court.
(h) The members of the Authority shall not be entitled to compensation for their services but shall be entitled to and shall be reimbursed for their actual expenses properly incurred in the performance of their duties. The Authority shall make rules and regulations for its own government and may retain, employ, and engage professional and technical supervisors, assistants, experts, other agents, and employees, temporary or permanent, as it may require. The members of the Authority shall be accountable in all respects as trustees, and the Authority shall keep suitable books and records of all its obligations, contracts, transactions, and undertakings, and of all income and receipts of every nature and all expenditures of every kind. The Authority shall have perpetual existence.
GEORGIA LAWS 1984 SESSION
4731
Section 4. It is hereby found, determined, and declared that the creation of the Authority and the carrying out of its corporate purposes is in all respects for the benefit of the people of this State, and that the Authority is an institution of purely public charity, and that all property of said Authority is hereby declared and shall in all respects be considered to be public property and title to such property shall be held by the Authority only for the benefit of the public, and the use of such property pursuant to the terms of this Act shall be and is hereby declared to be for public and governmental purposes, that is, for the promotion of the public general welfare in matters of cultural development, education, pleasure and recreation of the public at large, which promotion is hereby declared to be a public beneficence for the good of humanity and for the general improvement and happiness of society, and all the property, income, obligations, and interest on the obligations of the Authority and the transfer thereof shall be and hereby are declared to be nontaxable for any and all purposes.
Section 5. As used in this Act, the following words or terms shall have the following meaning:
(1) The word "Authority" shall mean the Cobb County Stadium Authority created by this Act.
(2) The word "project" shall be deemed to mean and include the acquisition, construction, equipping, maintenance and operation of multiuse athletic stadium type facilities to be used for athletic contests, games, meetings, trade fairs, expositions, political conventions, agricultural events, theatrical and musical performances, conventions, and other public entertainments, and the usual facilities related thereto, including, without limitation, refreshment stands and restaurants, and facilities for the purveying of foods, beverages, publications, souvenirs, novelties, and goods of all kinds, whether operated or purveyed directly, or indirectly through concessions, licenses, leases, or otherwise, parking facilities or parking areas in connection therewith, recreational centers and areas including, but not limited to, athletic facilities and related buildings, and the usual and convenient facilities appertaining to such undertakings and the extension and improvements of such facilities, acquiring the necessary property therefor, both real and personal, and the lease, sale, and licensing of any part or all of such facilities, including real and personal property, to any persons, firms, or corporations whether public or
4732 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
private so as to assure the efficient and proper development, maintenance, and operation of such facilities and areas, deemed by the Authority to be necessary, convenient, or desirable. The Authority shall have the right to acquire and construct more than one project and any combination of facilities may be constructed as a separate project.
(3) The term "cost of the project" shall embrace the cost of construction, the cost of all lands, properties, rights, easements, and franchises acquired, the cost of all machinery and equipment, financing charges, interest prior to and during construction and for one year after completion of construction, cost of engineering, architectural and legal services and expenses, and of surveys, plans and specifications, and other expenses necessary or incident to determining the feasibility or practicability of a project, administrative expenses, and such other expenses necessary or incident to the financing herein authorized, the construction or acquisition of any project, the placing of the same in operation, and the condemnation of property necessary for such construction and operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds issued under the provisions of this Act for such project. There may also be included, as a part of such cost of the 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 Authority's bonds or revenues to be received in connection with the leasing, sale or financing of the project.
(4) The term "governmental body" shall mean any school district, county or municipal corporation of this State, any department, institution or agency of this State and shall also mean and include state and local public authorities having corporate powers which have been or may hereinafter be created by general, local or special Act of the General Assembly.
(5) The term "revenue bonds," "bonds," and "obligations," as used in this Act, shall mean revenue bonds as defined and provided for in the Revenue Bond Laws of Georgia (Ga. Laws 1957, p. 36, as amended), amending the law formerly known as the "Revenue Certificate Law of 1937" (Ga. Laws 1937, p. 761, as
GEORGIA LAWS 1984 SESSION
4733
amended) and such type of obligations may be issued by the Authority as authorized under said Revenue Bond Law and, in addition, shall also mean obligations of the Authority, the issuance of which are hereinafter specifically provided for in this Act.
(6) Any project shall be deemed "self-liquidating" if, in the judgment of the Authority, the revenues and earnings to be derived by the Authority therefrom and all properties used, leased, and sold in connection therewith will be sufficient to pay the cost of operating, repairing and maintaining the project and to pay the principal and interest of the revenue bonds which may be issued to finance, in whole or in part, the cost of such project or projects.
Section 6. The Authority shall have powers:
(1) To adopt a corporate seal and alter same at pleasure.
(2) To acquire by gift or by purchase on such terms and conditions and in such manner as it may deem proper or by exercise of the right of eminent domain in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, lands, easements, or rights in lands, or franchises necessary or convenient for its corporate purposes and to use, rent, or lease the same or make contracts with respect to the use thereof, or to dispose of the same in any manner it deems to the best advantage of the Authority and the purposes thereof. Title to such property, however, shall be held by the Authority only for the benefit of the public.
(3) To receive and administer gifts, grants, loans, appropriations, and donations of money or materials or property of any kind, including loans and grants from the United States of America or any agency or instrumentality thereof upon such terms and conditions as the United States of America or such agency or instrumentality thereof shall impose, and to administer trusts, and to sell, lease, transfer, convey, appropriate, pledge, mortgage, or encumber all of its property and assets.
(4) To borrow money and issue notes or revenue bonds payable from the earnings of the projects of the Authority, execute trust agreements or indentures, and sell, convey, mortgage, pledge, encumber and assign any and all of its funds, assets,
4734 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
property, and income as security for such notes or revenue bonds, and to provide for the payment of the same and for the rights of the holders thereof, and provide for foreclosure or forced sale of any property of the Authority upon default either in payment of principal or of interest on such obligations or under any term of or condition pursuant to which such obligations were issued.
(5) To make contracts and leases and to execute all instruments necessary or convenient, with any and all persons, firms, and corporations and any governmental body, including contracts for construction of any project and leasing of any project and contracts with respect to the use and management of any project and any and all persons, firms, and corporations and any governmental body is hereby authorized to enter into contracts, leases, or agreements with the Authority upon such terms and for such purposes as they deem advisable; and any such project shall be for the development and promotion in this State of the cultural growth, public welfare, education, and recreation of the people of this State and accordingly all such projects shall, and hereby are declared to be, public buildings to be used for public purposes; and without limiting the generality of the foregoing, authority, right, and power are hereby specifically granted to any governmental body to enter into and make contracts, lease agreements, and other undertakings with the Authority with respect to the furnishing of services and facilities by the Authority and for the payment of rents, fees and charges for the use of such governmental body of any project; and the rentals contracted to be paid by the lessees or tenants to the Authority under any such contracts or leases entered into pursuant to the provisions of this Act shall constitute general obligations of any such governmental body for the payment of which the full faith and credit of such governmental body shall be pledged to provide the funds required to fulfill all obligations arising under any such contract or lease; and any such governmental body, which shall have entered into such a contract or lease pursuant to the provisions of this Act shall annually in each and every fiscal year during the term of such contract or lease include in a general revenue or appropriation measure, within any millage limitations of its power of taxation and whether or not any other items are included, sums sufficient to satisfy the payments required to be made in each year by such contract or lease until all payments required under such contract or lease have been paid in full, and such contract or lease payments shall constitute a first charge on all such sums so appropriated, and such sums shall be
GEORGIA LAWS 1984 SESSION
4735
unconditionally obligated to the payment of such contracts or leases; provided, however, that such payments shall not impair existing obligations of such governmental body. In the event for any reason any such provision or appropriation is not made, then the fiscal officers of such governmental body are hereby authorized and directed to set up as an appropriation on their accounts in each fiscal year the amounts required to pay the obligations called for under any such contract or lease. The amount of the appropriation in each fiscal year to meet the obligations of such contract or lease as authorized and required hereby shall be due and payable and shall be expended for the purpose of paying and meeting the obligations provided under the terms and conditions of such contract or lease, and such appropriation shall have the same legal status as if the contracting governmental body had included the amount of the appropriation in its general revenue or appropriation measure, and such fiscal officers shall make such payment to the Authority if for any reason such appropriation is not otherwise made; and any such governmental body may obligate itself and its successors under any such contract or lease to use only such structures, buildings, or facilities constituting such project and none other.
(6) To construct, reconstruct, acquire, own, alter, repair, maintain, add to, extend, improve, operate and manage projects, including the erection of a building or buildings, which shall and hereby are declared to be public buildings to be used for amusement purposes or educational purposes, or a combination of the two, and for fairs, expositions, or exhibitions in connection therewith, and the purchase of lands, easements, rights in lands, and franchises for the construction of such facility or facilities and for use in connection therewith; the cost of any such project to be paid in whole or in part from the proceeds of the sale of revenue bonds of the Authority, and the title to such property to be held by the Authority only for the benefit of the public.
(7) To issue revenue bonds in such amounts and denominations during the life of the Authority so as to finance in whole or in part the cost of the acquisition, construction, reconstruction, improvement, addition to, or extension of such project as the Authority in its judgment may deem just, proper, and necessary. All revenue bonds issued pursuant to the provisions of this Act shall be fully negotiable instruments and shall have all the qualities and incidents of negotiable instruments under the laws of this State.
4736 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(8) To issue revenue bonds to call, refund, or refinance, in whole or in part, all outstanding revenue bonds secured by the anticipated revenue of such project and to include in the cost of the issuance of such bonds any call premium that may be required for the redemption and refunding of such outstanding bonds.
(9) To do any and all things necessary or proper for the accomplishment of the objectives of this Act and any amendments hereof and to exercise any power usually possessed by private corporations performing similar functions which is not in conflict with the Constitution and laws of this State.
(10) To invest any accumulation of its funds and any sinking funds or reserves in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested and to purchase its own bonds in the open market, provided, however, all bonds so purchased shall be cancelled.
Section 7. Revenue Bonds. The Authority, or any authority or body which has or which may in the future succeed to the powers, duties and liabilities vested in the Authority created hereby, shall have power and is hereby authorized to provide by resolution for the issuance of negotiable revenue bonds of the Authority, for the purpose of paying all or any part of the cost as herein defined of any one or more projects. The principal and interest of such revenue bonds shall be payable solely from the special fund herein provided for such payment. The bonds of each issue shall be dated, shall bear interest from date at such rate or rates per annum payable at such time or times as shall be determined by the Authority, principal shall mature at such time or times not exceeding 40 years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the Authority and may be made redeemable before maturity, at the option of the Authority, at such price or prices and under such terms and conditions as may be fixed by the Authority in the resolution providing for the issuance of bonds.
Section 8. Same; Form; Denominations; Registration; Place of Payment. The Authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereof, which may be at any bank or trust company within or without the State. The bonds may be issued in coupon or registered form, or both, as the Authority
GEORGIA LAWS 1984 SESSION
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may determine. Provisions may be made for the registration of any coupon bond as to principal alone and also as to both the principal and interest.
Section 9. Same; Signatures; Seal. The bonds shall be signed by the Chairman of the Authority manually or by use of the facsimile signature of the Chairman and the official seal of the Authority shall be impressed thereon and attested by the Secretary-Treasurer of the Authority and any coupons attached thereto shall bear the facsimile signatures of the Chairman and Secretary-Treasurer of the Authority. Any coupon may bear the facsimile signature of such persons and any bond may be signed, sealed, and attested on behalf of the Authority by such persons as at the actual time of the execution of such bonds shall be duly authorized or hold the proper office, although at the date of issuance of such bonds such persons may not have been so authorized or shall not have held such office. In case any officer whose signature shall appear on any bonds, or whose facsimile signature shall appear on any bonds, shall cease to be such officer before delivery of such bonds such signature shall nevertheless be valid and sufficient for all purposes, the same as if he had remained in office until such delivery. It is expressly provided, however, that such bonds may be executed in accordance with such provisions as now or hereafter may be prescribed by general law pertaining to public securities.
Section 10. Negotiability; Exemption from Taxation. All revenue bonds issued under the provisions of this Act shall have and are hereby declared to have all the qualities and incidents of negotiable instruments under the laws of this State. Such bonds are declared to be issued for an essential public and governmental purpose and such bonds and the interest thereon shall be exempt from all taxation within the State.
Section 11. Same; Sale; Proceeds. The Authority may sell such bonds in such manner and for such price as it may determine to be for the best interests of the Authority and the proceeds derived from the sale of such bonds shall be used solely for the purpose provided in the proceedings authorizing the issuance of such bonds.
Section 12. Same; Interim Receipts and Certificates or Temporary Bonds. Prior to the preparation of definitive bonds, the Authority may, under like restrictions, issue interim receipts, interim certificates or temporary bonds, with or without coupons, which interim
4738 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
receipts and certificates or temporary bonds shall be exchanged, redeemed, paid or otherwise discharged upon the issuance of the definitive bonds.
Section 13. Same; Replacement of Lost or Mutilated Bonds. The Authority may also provide for the replacement of any bonds which shall become mutilated or be destroyed or lost.
Section 14. Conditions Precedent to Issuance; Object of Issuance. Such revenue bonds may be issued without any other proceedings, or the happening of any conditions or things other than those proceedings, conditions and things which are specified or required by this Act. In the discretion of the Authority, revenue bonds of a single issue may be issued for the purpose of any particular project. Any resolution, providing for the issuance of revenue bonds under the provisions of this Act, shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special or adjourned meeting of the Authority.
Section 15. Credit Not Pledged. Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of the State of Georgia or County of Cobb, nor a pledge of the faith and credit of said State or County, but such bonds shall be payable solely from the funds of the Authority available for such purpose, and the issuance of such revenue bonds shall not directly, indirectly or contingently obligate the said State or County, to levy or to pledge any form of taxation whatever therefor, and all such bonds shall contain a recital on their face covering substantially the foregoing provisions of this Section.
Section 16. Same; Trust Indenture as Security. In the discretion of the Authority, any issue of such revenue bonds may be secured by a trust indenture by and between the Authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside of the State. Such trust indenture may pledge or assign fees, 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,
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the maintenance, operation, repair and insuring of the project, and the custody, safeguarding and application of all moneys, and may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects 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 pari passu with the revenue bonds initially issued pursuant to such resolution or trust indenture. It shall be lawful for any bank or trust company incorporated under the laws of this State to act as such 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 or resolution may contain such other provisions as the Authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture or resolution may be treated as a part of the cost of maintenance, operation and repair of the project affected by such indenture.
Section 17. Same; To Whom Proceeds of Bonds Shall Be Paid. The Authority shall, in the resolution providing for the issuance of revenue bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer or person, who, or any agency, bank or trust company which shall act as trustee of such funds and shall hold and apply the same to the purposes hereof, subject to such regulations as this Act and such resolution or trust indenture may provide.
Section 18. Same; Sinking Fund. The revenues, fees, and earnings derived from any particular project or projects, regardless of whether or not such fees, earnings and revenues were produced by a particular project for which bonds have been issued, unless otherwise pledged and allocated, may be pledged and allocated by the Authority to the payment of the principal and interest on revenue bonds of the Authority as the resolution authorizing the issuance of the bonds or in the trust indenture may provide, and such funds so pledged, from whatever source received, which said pledge may include funds received from one or more or all sources shall be set aside at regular
4740 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
intervals as may be provided in the resolution or trust indenture, into a sinking fund which said sinking fund shall be pledged to and charged with the payment of (1) the interest upon such revenue bonds as such interest shall become due and payable, (2) the principal of the bonds as the same shall become due and payable, (3) the necessary charges of paying agents for paying principal and interest, (4) any premium upon bonds acquired by redemption, payment or otherwise, and (5) any investment fees or charges. The use and disposition of such sinking funds shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be a fund for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or in the trust indenture, surplus moneys in the sinking fund may be applied to the purchase or redemption of bonds and any such bonds so purchased or redeemed shall forthwith be cancelled and shall not be reissued, printed and delivered.
Section 19. Same; Remedies of Bondholders. Any holder of revenue bonds issued under the provisions of this Act or any of the coupons appertaining thereto, and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia, or granted hereunder, or under such resolution or trust indenture, and may enforce and compel performance of all duties required by this Act, or by such resolution or trust indenture to be performed by the Authority, or any officer thereof, including the fixing, charging, and collecting of revenues, fees, and other charges for the use of the facilities and services furnished.
Section 20. Same; Refunding Bonds. The Authority is hereby authorized to provide by resolution for the issuance of bonds of the Authority for the purpose of funding or refunding any revenue bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon. The issuance of such funding or refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the Authority in respect to the same, shall be governed by the foregoing provisions of this Act insofar as the same may be applicable.
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Section 21. Same; Venue and Jurisdiction. Any action to protect or enforce any rights under the provisions of this Act or any suit or action against such Authority shall be brought in the Superior Court of Cobb County, Georgia, and any action pertaining to validation of any bonds issued under the provisions of this Act shall likewise be brought in said court which shall have exclusive, original jurisdiction of such actions.
Section 22. Same; Validation. Bonds of the Authority shall be confirmed and validated in accordance with the procedure of the Revenue Bond Law, as now or hereafter amended. The petition for validation shall also make party defendant to such action any governmental body which has contracted with the Authority for services and facilities of the project for which bonds are to be issued and sought to be validated, and such governmental body shall be required to show cause, if any, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the validity of the terms thereof be determined and the contract or contracts adjudicated as security for the payment of any such bonds of the Authority. The bonds, when validated, and the judgment of validation shall be final and conclusive with respect to such bonds, against the Authority issuing the same, and any governmental body contracting with the said Authority.
Section 23. Same; Interest of Bondholders Protected. While any of the Bonds issued by the Authority remain outstanding, the powers, duties or existence of said Authority or of its officers, employees, or agents, shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds, and no other entity, department, agency, or authority, will be created which will compete with the Authority to such an extent as to affect adversely the rights and interests of the holders of such bonds, nor will the State itself so compete with the Authority. The provisions of this Act shall be for the benefit of the Authority and the holders of any such bonds, and upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds.
Section 24. Moneys Received Considered Trust Funds. All moneys received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds, interim receipts and certificates or temporary bonds, as grants or other contributions, or as revenues, income, fees and earnings, shall be deemed to be trust funds
4742 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
to be held and applied solely as provided in this Act and in accordance with the proceedings authorizing the issuance of such bonds.
Section 25. Same; Exemption from Taxation; Covenant of State. It is hereby found, determined and declared that the creation of the Authority and the carrying out of its corporate purpose is in all respects for the benefit of the people of this State, and that the Authority is an institution of purely public charity and will be performing an essential governmental function in the exercise of the power conferred upon it by this Act, and this State covenants with the holders of the bonds that the Authority shall not be required to pay any taxes or assessments upon any of the property acquired or leased by it or under its jurisdiction, control, possession or supervision or upon its activities in the operation or maintenance of the projects erected by it or any fees, or other charges for the use of such projects or other income received by the Authority, and that the bonds of the Authority, their transfer, and the income therefrom shall at all times be exempt from taxation within the State. The exemption from taxation herein provided shall not extend to tenants nor lessees of the Authority and shall not include exemptions from sale and use taxes on property purchased by the Authority or for use by the Authority.
Section 26. Rates, Charges and Revenues; Use. The Authority is hereby authorized to prescribe and fix and collect rates, fees, and charges, and to revise from time to time and collect such rates, fees, and charges for the services, facilities or commodities furnished, including leases, concessions or subleases of its land or facilities, or contracts for the use of its land and facilities, and to determine the price and terms at and under which its lands or facilities may be sold, and, in anticipation of the collection of the revenues and income of such undertakings or projects, is authorized to issue revenue bonds as herein provided to finance, in whole or in part, the cost of the acquisition, construction, reconstruction, improvement, equipment, betterment or extension of its lands and facilities and to pledge to the punctual payment of said bonds and interest thereon, all or any part of the revenues and income of such undertakings or projects, including the revenues of improvements, betterments or extensions thereto, thereafter made or the sale of any of its land and facilities.
Section 27. Rules and Regulations for Operation of Projects. It shall be the duty of the Authority to prescribe rules and regulations for the operation of the project or projects constructed under the provisions of this Act.
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Section 28. Tort Immunity. The Authority shall have the same immunity and exemption from liability for torts and negligence as Cobb County: and the officers, agents and employees of the Authority when in the performance of the work of the Authority shall have the same immunity and exemption from liability for torts and negligence as the officers, agents and employees of Cobb County when in the performance of their public duties or work.
Section 29. Any governmental body shall have the right and power to convey, sell, lease, grant, exchange or otherwise dispose of any or all of its interest in any property, both real and personal, to the Authority and to enter into contracts, leases or other agreements with the Authority relative to the use, maintenance and control of said real property or any improvements thereon for periods of time not exceeding fifty (50) years in the furtherance of the purpose for which said Authority was created. Any such governmental body is further specifically authorized to make payments or contributions, in money or in kind, to said Authority as may be set forth in said contracts, leases or other agreements for the use of the facilities of said Authority by any such governmental body and to provide funds for the maintenance thereof by the Authority.
Section 30. This Act, being for the welfare of the State and its inhabitants, shall be liberally construed to effect the purposes hereof.
Section 31. The provisions of this Act shall be regarded as supplementary and additional to powers conferred by other laws and shall not be regarded as being in derogation of any powers now existing.
Section 32. 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 33. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
4744 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 34. All laws and parts of laws in 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 1984 session of the General Assembly of Georgia a bill to create the Cobb County Stadium Authority; to provide for the membership, powers, duties, and operation of the authority; to authorize the authority to incur debt, to authorize the authority to contract with other units of government; to provide that the purpose of the authority shall be the acquisition, construction, equipping, maintaining, and operating of one or more athletic stadium type facilities; to provide for all matters related to the foregoing; and for other purposes.
This 24th day of January 1984.
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 date: January 27, 1984.
/s/ Steve Thompson Representative, 20th District
GEORGIA LAWS 1984 SESSION
Sworn to and subscribed before me, this 30th day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 28,1984.
4745
CHARTER FOR THE CITY OF ADRIAN.
No. 1079 (House Bill No. 1563).
AN ACT
To create and incorporate the City of Adrian in the Counties of Emanuel and Johnson 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 corporation; 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 repeal a specific Act; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
4746 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ARTICLE I CHARTER, INCORPORATION, POWERS
Section 1.10. Incorporation. The City of Adrian, Georgia, in the Counties of Emanuel and Johnson, and the inhabitants thereof shall continue to be a body politic and corporate under the same name and style of the City of Adrian, 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 immunities of every name and nature whatsoever.
Section 1.11. Corporate limits. The corporate limits of the City of Adrian shall be as follows: Five-eighths (5/8) of one mile or 3300 feet in every direction from a point where the Old Wadley Southern Railroad and the Old Central of Georgia Railroad used to intersect in said city. Said point being marked by an iron stake.
In addition, the corporate limits of said city shall include and embrace the following areas:
(a) That certain territory embraced within the area which is measured as follows: BEGINNING at a point on the radius of the arc formed at 3300 feet from the center of said city where it intersects with U.S. Highway #80 and Georgia Highway #26 and running thence westerly along the northern right of way edge of said U.S. Highway #80 and Georgia Highway #26 a distance of 1980 feet to a point; thence turning and running along an arc, parallel to an arc of 3300 feet from the center of said city in a southeasterly direction to the Old Settlement Road; thence turning and running along the Old Settlement Road to a point where the same intersects with Elly Street; thence turning and running at a 90 angle Southeasterly to a point on the arc created by measuring from the center of the City 3300 feet.
(b) That certain territory embraced within the area which is measured as follows: BEGINNING at a point on the radius of the
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arc formed at 3300 feet from the center of said city, where it intersects with Georgia Highway #78 and #15 and running thence in a southerly direction along the western right of way edge of said highways, a distance of 100 feet to a point; thence turning and running along the radius of an arc which is parallel to an arc of 3300 feet from the center of said city in a northeasterly direction to Morris Avenue; thence turning and running in a northwesterly direction a distance of 100 feet to a point on the arc created by measuring from the center of said city 3300 feet.
Section 1.12. Jurisdiction and venue, (a) The jurisdiction of the City of Adrian shall extend throughout the entire corporate limits of the city.
(b) Unless otherwise provided by general law, venue in all actions involving the City of Adrian shall be Emanuel County, Georgia.
Section 1.13. 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 Adrian, 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 payment of such licenses and taxes;
(3) To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the city;
(4) To appropriate and borrow money for the payment of debts of the city and to issue bonds to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia;
4748 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(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;
(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;
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(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, recreational, 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.C.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 speaking in the streets of said city by preventing the obstruction of the streets or the gathering of disorderly crowds; and to prohibit or regulate by ordinance such other conduct and activities within the City of Adrian 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
4750 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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, itinerant trades, theatrical performances, exhibitions, and shows of any kind whatever by taxation or otherwise;
(18) To license, tax, regulate, or prohibit professional fortunetelling or palmistry;
(19) To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights of way of streets and roads 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 regulations not inconsistent with general law relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violation thereof;
(23) To provide for the destruction and removal of any building or other structure which may or might become dangerous or detrimental to the public;
(24) To provide for the collection and disposal of garbage, rubbish, and refuse; to regulate the collection and disposal of garbage, rubbish, and refuse by others and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and 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 individuals, firms, and corporations residing in or doing business within
GEORGIA LAWS 1984 SESSION
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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, or 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, 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;
(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 property and equipment of the city and the administration and use of same by the public and to prescribe penalties and punishment for violations thereof;
(30) To establish minimum standards for and 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;
(31) To provide that persons given jail sentences in the recorder's court shall work out such sentence in any public works or on the streets, roads, drains, and squares in the city or to provide for commitment of such persons to any county correc-
4752 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 impoundment 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 assessments to cover the costs of any public improvements;
(37) To enter into contracts and agreements with other government 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;
(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;
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(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 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; 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 Constitution or applicable laws of the State of Georgia.
Section 1.14. General powers. In addition to all other powers herein granted, the city shall be vested with any and all powers which municipal corporations are, or may hereafter be, authorized or required to exercise under the Constitution and laws of the State of Georgia as fully and completely as though such powers were specifically enumerated herein and any and all powers which the city was heretofore authorized to exercise upon the effective date of this charter.
Section 1.15. 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 Adrian full power and right to exercise all governmental authority
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necessary for the effective operation and conduct of the city and all of its affairs.
Section 1.16. 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 Adrian, 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 Adrian, 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 incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized by this charter of the laws of the State of Georgia.
(b) The mayor or any council member shall forfeit his office if he:
(1) Lacks at any time during his term of office any qualifications of the office as prescribed by this charter or the laws of the State of Georgia;
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(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 Adrian 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 execution of such ordinances, resolutions, rules, and regulations, not inconsistent with this charter, the Constitution, and the laws of the State of Georgia, which it shall deem necessary, expedient, or helpful for the peace, good order, protection of life and property, health, welfare,
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sanitation, comfort, convenience, prosperity, or well-being of the inhabitants of the City of Adrian and may enforce such ordinances 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 departments 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 provisions of this charter and shall provide for the keeping of a journal of its proceedings, which journal shall be a public record.
Section 2.19. Quorum, voting. The mayor or mayor pro tempore and three council members shall constitute a quorum for the transaction of any business before the body, and a majority of the votes cast shall determine questions before them.
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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 Adrian 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 Adrian 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 emergency affecting life, health, property, or public peace, the council may adopt one or more emergency ordinances but such ordinances may not levy taxes, grant, renew, or extend a franchise, regulate the rate charged by any public utility for its services, or authorize the borrowing of money except as provided by law. An emergency ordinance shall be introduced in the form and manner prescribed for ordinances generally except that it shall 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
4758 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 60 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances.
Section 2.23. Codes of technical regulations. The council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally.
Section 2.24. Codification of ordinances. All ordinances passed by the mayor and council having the force and effect of law shall be codified in a compilation known and cited officially as "The Code of the City of Adrian, 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 Adrian, 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.
Section 2.26. 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.
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(b) The council shall cause each ordinance and each amendment in this charter to be printed promptly following its adoption. Following publication of the first Code of the City of Adrian and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for incorporation therein. The council shall make such further arrangements as deemed desirable with respect to reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code.
Section 2.27. Chief executive officer. The mayor shall be the chief executive of the City of Adrian. 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 2.28. 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 Adrian, shall have attained the age of 21 years before the beginning of his term, and shall have been a resident of the City of Adrian for a period of one year immediately preceding his election. He shall continue to reside in the City of Adrian during the period of his service.
Section 2.29. Duties of mayor. As the chief executive officer of the City of Adrian 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;
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(6) Exercise supervision over all executive and administrative work of the city and provide for the coordination of administrative activities;
(7) Recommend to the council such measures relative to the affairs of the city, improvement of the government, and promotion of the welfare of its inhabitants as he may deem expedient;
(8) Call special meetings of the council as provided for in Section 2.19 of this charter;
(9) Examine and audit all accounts of the city before payment;
(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 officer's capability shall be decided by the council;
(12) Prepare and submit to the city council a recommended annual operating budget and recommended capital budget;
(13) Break a tie vote of the council members; and
(14) Perform other duties as may be required by law, this charter, or ordinance.
Section 2.30. 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
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offices, positions of employment, departments, and agencies of the city as it shall deem necessary for the proper administration of the affairs and government of the city. The council shall prescribe the functions and duties of existing departments, offices, and agencies or of any departments, offices, and agencies hereinafter created or established. The council may provide that the same person shall fill any number of offices and positions of employment and may transfer or change the functions or duties of offices, positions of employment, departments, and agencies of the city.
(b) The operations and responsibilities of each department now or hereafter established in the city shall be distributed among such divisions or bureaus as may be provided by ordinance. Each department shall consist of such offices, employees, and positions as may be provided by this charter or by ordinance and shall be subject to the general supervision and guidance of the council.
(c) Except as otherwise provided by this charter, the directors of departments and other appointed officers of the city shall serve at the pleasure of the appointing authority. Vacancies occurring in an appointive office shall be filled in the same manner as prescribed by this charter for original appointment.
(d) Except as otherwise provided by law, the directors of departments and other appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications.
(e) All appointive officers and directors of departments shall receive such compensation as prescribed by ordinance.
Section 3.11. 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-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 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.
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(c) Any vacancy in office of any member of a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed herein for original appointment except as otherwise provided by this charter or any applicable state law.
(d) No member of any board, commission, or authority shall assume office until he shall have executed and filed with the 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.
(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, commissions, 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 government 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 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
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in which the city is a party; may be the prosecuting officer in the recorder's court; shall attend the meetings of the council as directed; shall advise the council, mayor, and other officers and employees of the city concerning legal aspects of the city's affairs; and shall perform such other duties as may be required of him by virtue of his position as city attorney.
Section 3.14. 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.
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 Adrian 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;
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(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 Adrian.
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 Adrian 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 presided 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, respectively. 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.
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(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 necessary to keep current the dockets thereof.
Section 4.13. Jurisdiction; powers, (a) The municipal court shall try and punish for crimes against the City of Adrian 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 jurisdiction 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
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so deposited shall be on order of the judge, declared forfeited to the City of Adrian 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 prisoners over to the appropriate court when it appears by probable cause that a state law has been violated.
(e) The municipal court shall have the authority to administer oaths and to perform all other acts necessary or proper to the conduct of said court.
(f) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summons, subpoena, and warrants which may be served as executed by any officer as authorized by this charter or by state law.
(g) The municipal court is specifically vested with all of the jurisdiction and powers throughout the entire area of the City of Adrian granted by state laws generally to mayor's, recorder's, and police courts and particularly by such laws as authorize the abatement of nuisances.
Section 4.14. Appeal. The right of appeal and any bond as may be required to secure the costs on appeal to the Superior Court of Emanuel County from the municipal court shall lie in the same manner and under the same procedure as generally prescribed for appeals and appeal bonds from the probate court; provided, however, that any person who fails to file his appeal within ten days of the date 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 proceedings at least 48 hours prior to said proceedings.
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ARTICLE V ELECTIONS
Section 5.10. Election of mayor and council, (a) On the second Tuesday in November, 1984, and on that day annually thereafter, the general municipal election for mayor and council of the City of Adrian shall be conducted as provided in this article.
(b) For purposes of electing members of the council under this charter, there shall be five council posts designated as Post 1, Post 2, Post 3, Post 4, and Post 5. Any person offering for membership 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 member of the council, 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 members of the council of the city on the first day of January, 1984, shall be deemed to be serving in designated posts, under subsection (b) of this section, as follows:
Mr. Ben Womack - Post 1 Mr. Lewis Martin - Post 2 Mr. Jack Drake - Post 3 Mr. Curtis Whitington - Post 4 Mr. Carlton Willis - Post 5
(d) The two members of the council representing Posts 4 and 5 who were elected at the city election in 1982 shall serve out their respective terms of office, which shall expire the first regular meeting night of January, 1985. Their successors shall be elected at the general municipal election in 1984, shall take office on the first regular meeting night of January, 1985, and shall serve until the first regular meeting night of January, 1987, and until the election and qualification of their respective successors.
(e) The mayor and the three members of the council representing Posts 1,2, and 3 who were elected at the city election in 1983 shall serve out their respective terms of office, which shall expire on the first regular meeting night of January, 1986. Their successors shall be elected at the general municipal election in 1985, shall take office on the first regular meeting night of January, 1986, and shall serve until the first regular meeting night of January, 1988, and until the election and qualification of their respective successors.
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(f) Successors to the mayor and members of the council elected under subsections (d) and (e) of this section shall be elected at the general municipal election immediately preceding the expiration of the incumbent's term of office, shall take office on the first regular meeting night of January following their election, and shall serve for a term of two 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 regular meeting night of January, 1985, the council shall consist of the incumbent mayor and incumbent members of the council elected under that city charter existing immediately prior to the effective date of this charter. For the period beginning on the first regular meeting night of January, 1985, and ending on the first regular meeting night of January, 1986, the council shall consist of the two members of the council from Posts 4 and 5 elected pursuant to subsection (d) of this section and the incumbent mayor and the three incumbent members of the council from Posts 1, 2, and 3. Thereafter, the council shall consist of a mayor and five members of the council elected pursuant to this charter.
(h) The, mayor and each member of the council shall be elected by majority vote.
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, challenge of votes, and such other rules and regulations as may be necessary for the conduct of the elections in the City of Adrian.
Section 5.12. Applicability of general laws. The procedures and requirements for election of all elected officials for the City of Adrian 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
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special elections and qualifications of candidates therefor shall conform to the applicable provisions of this charter and the Georgia Municipal Election Code as now or hereafter amended.
Section 5.14. Election of mayor and council members by majority vote. The candidate receiving a majority of the votes cast for the office of mayor shall be declared elected as mayor. The candidates for council posts receiving a majority of the votes cast for a respective council post shall be declared elected as council member for the particular post for which they qualified.
Section 5.15. Grounds for removal of elected officers. The mayor or any council member shall be subject to removal from office for any one or more of the following causes:
(1) Incompetence, misfeasance, or malfeasance in office;
(2) Conviction of a crime involving moral turpitude;
(3) Failure at any time to possess any of the qualifications of office as provided by this charter or by law;
(4) Willful violation of any express prohibition of this charter;
(5) Abandonment of office or neglect to perform the duties thereof; or
(6) Failure for any other cause to perform the duties of office as required by this charter or by law.
Section 5.16. Procedure for removal. Removal of an 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
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the Superior Court of Emanuel 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 Emanuel 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 Adrian. 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 governmental 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 voluntary 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 Adrian, 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
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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 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, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances 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.
4772 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 6.17. Collection of delinquent taxes.t 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 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.
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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 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 appropriations 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 recommendations as to the means of financing the improvements proposed for the ensuing fiscal year. The council shall have power to accept with or without amendments or reject the proposed program and proposed means of financing. The council shall not authorize an expenditure for the construction of any building, structure, work, or improvement unless the appropriations for such project are included in the capital improvements budget except to meet a public emergency threatening the lives, health, or property of the inhabitants and when passed by a two-thirds' vote of the membership of the council.
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(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 adoption 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 Adrian.
(b) The council may sell and convey any real or personal property owned or held by the City of Adrian 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 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.
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ARTICLE VII GENERAL PROVISIONS
Section 7.10. Official bonds. The officers and employees both elected and appointed of the City of Adrian 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 Adrian 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 or departments or agencies of the City of Adrian 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 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 Adrian 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
4776 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
which is conducted immediately prior to the expiration of the respective 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 incorporating the City of Adrian in the Counties of Emanuel and Johnson, approved August 10, 1920 (Ga. L. 1920, p. 662) and all amendatory Acts thereto are repealed in their entirety.
Section 7.18. 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 1984 Session of the General Assembly of Georgia, an Act to reincorporate and provide a new Charter for the City of Adrian, in Emanuel and Johnson Counties, to provide for the corporate limits and government of the City; to provide for all related matters; to repeal an Act incorporating the City of Adrian in Emanuel and Johnson Counties approved August 10, 1920 (Ga. L. 1920, p. 662) as amended and for other purposes.
This 31 day of December, 1983.
Von Kersey, Mayor City of Adrian
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Personally appeared before me, the undersigned officer, duly authorized to: administer oaths came William C. Roger, Sr., who on oath deposes that he or she is either the Publisher, or a duly designated employee of The Blade, the official organ of Emanuel County, and states that the attached copy of Notice of "Intention to Introduce Local Legislation" was published in The Blade on January 11,1984.
/s/ William C. Roger, Sr. Publisher or Duly Authorized Employee of The Blade
Sworn to and subscribed before me, this 12th day of January, 1984.
/s/ Ruby Fagler Notary Public. (Seal).
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the Regular 1984 Session of the General Assembly of Georgia, an Act to reincorporate and provide a new Charter for the City of Adrian, in Emanuel and Johnson Counties, to provide for the corporate limits and government of the City; to provide for all related matters; to repeal an Act incorporating the City of Adrian in Emanuel and Johnson Counties approved August 10, 1920 (Ga. L. 1920, p. 662) as amended and for other purposes.
4778 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This 31st day of December, 1983.
Von Kersey, Mayor City of Adrian
Georgia, Johnson County.
Personally appeared before me, the undersigned officer, duly authorized to administer oaths came Robert I. Garrett, who on oath deposes that he or she is either the Publisher, or a duly designated employee of The Wrightsville Headlight the official organ of Johnson County, and states that the attached copy of Notice of "Intention to Introduce Local Legislation" was published in The Wrightsville Headlight on January 12,1984.
/s/ Robert I. Garrett, Editor Publisher or Duly Authorized Employee of The Wrightsville Headlight
Sworn to and subscribed before me, this 26 day of January, 1984.
/s/ Elizabeth W. Knight Notary Public Washington Co., Georgia. My Commission Expires August 1, 1984. (Seal).
Approved March 28,1984.
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ETOWAH-FORSYTH WATER AUTHORITY ACT.
No. 1080 (House Bill No. 1609).
AN ACT
To create the Etowah-Forsyth Water Authority; to authorize the authority to acquire, construct, add to, extend, improve, equip, operate, and maintain projects embracing sources of water supply and the distribution and sale of water and related facilities to individuals, private concerns, municipal corporations, the State of Georgia, its political subdivisions and instrumentalities thereof; to confer powers and impose duties on the authority; to provide for the membership and the appointment of members of the authority and their terms of office, qualifications, duties, powers, method of filling vacancies, compensation, and expenses; to authorize the authority to contract with others pertaining to water utilities and facilities and to contract with others pertaining to the use of the utilities and facilities of the authority and to execute leases and do all things necessary or convenient for the operation of such undertakings or projects; to authorize the issuance of revenue bonds of the authority payable from the revenues, tolls, fees, charges, and earnings of the authority and to pay the cost of such undertaking or project and authorize the collection and pledging of the revenues and earnings of the authority for the payment of such bonds; to authorize the execution of resolutions and trust indentures to secure the payment thereof and to define the rights of the holders of such obligations; to provide that no debt of Forsyth County shall be incurred in the exercise of any other powers granted by this Act; to make the bonds of the authority exempt from taxation; to authorize the authority to condemn property of every kind; to authorize the issuance of funding and refunding bonds; to fix and provide the venue and jurisdiction of actions relating to any provisions of this Act; to provide for the validation of bonds; to provide for the separate enactment of each provision of this Act; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Short title. This Act shall be known and may be cited as the "Etowah-Forsyth Water Authority Act."
4780 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2. Etowah-Forsyth Water Authority, (a) There is created a body corporate and politic, to be known as the "EtowahForsyth Water Authority," which shall be deemed to be a political subdivision of the State of Georgia and a public corporation and by that name, style, and title said body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity. The authority shall have perpetual existence.
(b) (1) The initial membership of the authority shall be composed of three members chosen by the Forsyth County Water and Sewerage Authority.
(2) Each entity which contracts with the authority for sales of water or for the use of projects or facilities shall be authorized to appoint three persons to serve as members of the authority. The authorization to appoint representative members of the authority shall terminate as of the date of termination of contracts with the authority.
(3) Appointing entities shall certify appointees to the authority during the month of June of each year. Any member of the authority may be selected and appointed to succeed himself. Immediately after such appointments, the members of such authority shall enter upon their duties. The members of the authority shall be entitled to reimbursement for their actual expenses necessarily incurred in the performance of their duties. The authority shall have the power to establish bylaws and to promulgate and adopt rules and regulations necessary or desirable for the management and operation of the authority.
(c) To be eligible for appointment as a member of the authority, a person shall be at least 21 years of age, a resident, if applicable, of the geographic area embraced by the contracting entity he is to represent for at least one year prior to the date of his appointment, and shall not have been convicted of a felony.
(d) The members of the authority shall elect one of their number as chairman. Also, the members of the authority shall elect one of their number as vice chairman and shall also elect a secretary, who need not be a member of the authority, and may also elect a treasurer, who need not be a member of the authority. The secretary may also serve as treasurer. If the secretary and the treasurer are not members
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of the authority, such officers shall have no voting rights. Each of such officers shall serve for a period of one year and until their successors are duly elected and qualified. The chairman of the authority shall not be entitled to vote upon any issue, motion, or resolution except in the case of a tie vote of the other members voting on said motion, resolution, or question.
(e) A majority of the members of the authority shall constitute a quorum. No vacancy on the authority shall impair the right of the quorum to exercise all of the rights and perform all of the duties of the authority.
(f) In the event of a vacancy by reason of death, disqualification, resignation, or other reason, the appropriate entity whose representation is affected by the vacancy shall select and appoint a qualified person to fill the unexpired term of the member whose position has been vacated. A vacancy shall exist in the office of any member of the authority who is convicted of a felony or who enters a plea of nolo contendere thereto; who is convicted of a crime involving moral turpitude or who enters a plea of nolo contendere thereto; who moves his residence, if applicable, from the geographic area embraced by the contracting entity which he represents; who is convicted of any act of misfeasance, malfeasance, or nonfeasance of his duties as a member of the authority; or who fails to attend any regular or special meeting of the authority for a period of six months without excuse approved by a resolution of the authority.
(g) All meetings of the authority, regular or special, shall be open to the public. The authority may hold public hearings on its own initiative or at the request of residents of any area affected by the actions of the authority.
(h) No member or employee of the authority shall have directly or indirectly any financial interest, profit, or benefit in any contract, work, or business of the authority nor in the sale, lease, or purchase of any property to or from the authority.
Section 3. Definitions. As used in this Act, the following words and terms shall have the following meanings:
(1) The word "authority" shall mean the Etowah-Forsyth Water Authority created by this Act.
4782 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(2) The word "project" shall be deemed to mean and include the acquisition, construction, and equipping of water facilities for obtaining one or more sources of water supply, the treatment of water, and the distribution and sale of water to users and consumers, including, but not limited to, the State of Georgia and counties and municipalities for the purpose of resale, within and outside the territorial boundaries of Forsyth 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.
(3) The term "cost of 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 construction and for one year after completion of construction; the cost of engineering, architectural, fiscal agents', and legal expenses, and of plans and specifications and other expenses necessary or incident to determining the feasibility or practicability of the project, administrative expenses, and such other expenses as may be necessary or incident to the financing herein authorized; the cost of the acquisition or construction of any project; the cost of placing of any project in operation; and the cost of condemnation of property necessary for such construction and operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds issued under the provisions of this Act for such project.
(4) The terms "revenue bonds" and "bonds" as used in this Act shall mean revenue bonds as defined and provided in the Revenue Bond Law, Article 3 of Chapter 82 of Title 36 of the O.C.G.A. and such type of obligations may be issued by the authority as authorized under said Revenue Bond Law and any amendments thereto and, in addition, shall also mean obligations of the authority, the issuance of which are hereinafter specifically provided for in this Act.
(5) Any project shall be deemed "self-liquidating" if, in the judgment of the authority, the revenues and earnings to be derived by the authority therefrom and all facilities used in
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connection therewith will be sufficient to pay the costs of operating, maintaining, repairing, improving, and extending the project and to pay the principal of and interest on the revenue bonds which may be issued to finance, in whole or in part, the cost of such project or projects.
Section 4. Powers. The authority shall have the power:
(1) To have a seal and alter the same at its pleasure;
(2) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character for its corporate purposes;
(3) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by condemnation in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, real property or rights or easements therein, or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue, and to lease or make contracts with respect to the use of or dispose of the same in any manner it deems to the best advantage of the authority, the authority being under no obligation to accept and pay for any property condemned under this Act except from the funds provided under the authority of this Act, and, in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action, or proceeding as may be just to the authority and to the owners of the property to be condemned, and no property shall be acquired under the provisions of this Act upon which any lien or other encumbrance exists unless at the time such property is so acquired a sufficient sum of money be deposited in trust to pay and redeem the fair value of such lien or encumbrance;
(4) To appoint, select, and employ officers, agents, and employees, including engineers, architectural, and construction experts, fiscal agents, and attorneys and fix their respective compensations;
(5) To make contracts and leases and to execute all instruments necessary or convenient, including contracts for construction of projects and leases of projects or contracts with respect to
4784 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
the use of projects which it causes to be constructed, erected, or acquired. Any and all persons, firms, and corporations and any and all political subdivisions, departments, institutions, or 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; and, without limiting the generality of the foregoing, authority is specifically granted to municipal corporations, counties, and other political subdivisions and to the authority to enter into contracts, lease agreements, or other undertakings relating to the furnishing of water and related services and facilities by the authority to such municipal corporations, counties, and political subdivisions or for the purchase of water by the authority therefrom for a term not exceeding 50 years. Likewise, without limiting the generality of the above and foregoing, the same authority above granted to municipal corporations, counties, political subdivisions, and to the authority relative to entering into contracts, lease agreements, or other undertakings is authorized between the authority and private corporations, both within and without the State of Georgia, and between the authority and public bodies including counties and cities outside the State of Georgia.
(6) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects, as defined in Section 3 of this Act, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds of the authority or from such proceeds and any grant or contribution from the United States or any agency or instrumentality thereof or from the State of Georgia or any agency or instrumentality thereof;
(7) To accept loans and grants of money or 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 accept loans and grants of money or materials or property of any kind from the State of Georgia or any agency or instrumentality or political subdivision thereof upon such terms and conditions as the State of Georgia or such agency or instrumentality or political subdivision may require;
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(9) To borrow money for any of its corporate purposes and to issue negotiable revenue bonds payable solely from funds pledged for that purpose and to provide for the payment of the same and for the rights of the holders thereof;
(10) To exercise any power usually possessed by private corporations performing similar functions, including the power to make short-term loans and approve, execute, and deliver appropriate evidence of such indebtedness, provided no such power is in conflict with the Constitution or general laws of this state; and
(11) To do all things necessary or convenient to carry out the powers expressly given in this Act.
Section 5. Revenue bonds. The authority, or any authority or body which has or which may in the future succeed to the powers, duties, and liabilities vested in the authority created by this Act shall have power and is authorized to provide by resolution for the issuance of negotiable revenue bonds of the authority for the purpose of paying all or any part of the cost, as defined in Section 3 of this Act, of any one or more projects. The principal of and interest on such revenue bonds shall be payable solely from the special fund provided in this Act for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates per annum, shall be payable at such time or times, shall mature at such time or times not exceeding 40 years from their date or dates, and shall be payable in such medium of payment as to both principal and interest as may be determined by the authority, and may be redeemable before maturity, at the option of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution for the issuance of bonds.
Section 6. Same; form; denomination; registration; place of payment. The authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereon, which may be at any bank or trust company within or outside the state. The bonds may be issued in coupon or registered form, or both, as the authority may determine; and provision may be made for the registration of any coupon bond as to principal alone and also as to both principal and interest.
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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 such officer had remained in office until such delivery. All such bonds shall be signed by the chairman of the authority and the official seal of the authority shall be affixed thereto and attested by the secretary of the authority and any coupons attached thereto shall bear the facsimile signatures of the chairman and the secretary of the authority. Any coupon may bear the facsimile signatures of such persons and any bond may be signed, sealed, and attested on behalf of the authority by such persons as at the actual time of the execution of such bonds shall be duly authorized or hold the proper office, although at the date of such bonds such person may not have been so authorized or shall not have held such office.
Section 8. Same; negotiability; exemption from taxation. All revenue bonds issued under the provisions of this Act shall have and are declared by this Act to have all the qualities and incidents of negotiable instruments under the laws of this state. Such bonds, their transfer, and the income therefrom shall be exempt from all taxation within the state.
Section 9. Same; sale; price; proceeds. The authority may sell such bonds in such manner and for such price as it may determine to be for the best interest of the authority. The proceeds derived from the sale of such bonds shall be used solely for the purpose or purposes provided in the resolutions and proceedings authorizing the issuance of such bonds.
Section 10. Same, interim receipts and certificates or temporary bonds. Prior to the preparation of any definitive bonds, the authority may, under like restrictions, issue interim receipts, interim certificates, or temporary bonds, with or without coupons, exchangeable for definitive bonds upon the issuance of the latter.
Section 11. Same; replacement of lost or mutilated bonds. The authority may provide for the replacement of any bonds or coupons which shall become mutilated or be destroyed or lost.
Section 12. Same; conditions precedent to issuance. Such revenue bonds may be issued without any other proceedings or the
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happening of any other conditions or things other than those proceedings, conditions, and things which are specified or required by this Act. In the discretion of the authority, revenue bonds of a single issue may be issued for the purpose of any particular project. Any resolution providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special meeting of the authority by a majority of its members.
Section 13. Credit not pledged. Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of Forsyth County nor a pledge of the faith and credit of said county; but such bonds shall be payable solely from the fund hereinafter provided for and the issuance of such revenue bonds shall not directly, indirectly, or contingently obligate said county to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment. All such bonds shall contain recitals on their face covering substantially the foregoing provisions of this section.
Section 14. Trust indenture as security. In the discretion of the authority, any issuance of such revenue bonds may be secured by a trust indenture by and between the authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or without the state. Such trust indenture may pledge or assign fees, tolls, revenues, and earnings to be received by the authority. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for the protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority in relation to the acquisition of property, the construction of the project, the maintenance, operation, repair, and insuring of the project, and the custody, safeguarding, and application of all moneys, and may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects 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
4788 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
under the laws of this state to act as such depository and to furnish such indemnifying bonds or pledge such securities as may be required by the authority. Such indenture may set forth the rights and remedies of the bondholders and of the trustee and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation, and repair of the project affected by such indenture.
Section 15. To whom proceeds of bonds shall be paid. In the resolution providing for the issuance of revenue bonds or in the trust indenture, the authority shall provide for the payment of the proceeds of the sale of the bonds to any officer or person who, or any agency, bank, or trust company which, shall act as trustee of such funds and shall hold and apply the same to the purposes hereof, subject to such regulations as this Act and such resolution or trust indenture may provide.
Section 16. Sinking fund. The revenues, fees, tolls, and earnings derived from any particular project or projects, regardless of whether or not such fees, earnings, and revenues were produced by a particular project for which bonds have been issued unless otherwise pledged and allocated, may be pledged and allocated by the authority to the payment of the principal and interest on revenue bonds of the authority as the resolution authorizing the issuance of the bonds or the trust instrument may provide. Such funds so pledged from whatever source received, including funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture into a sinking fund which shall be pledged to and charged with the payment of (1) the interest upon such revenue bonds as such interest shall fall due, (2) the principal of the bonds as the same shall fall due, (3) the necessary charges of the paying agent for paying principal and interest and other investment charges, and (4) any premium upon bonds retired by call or purchase as hereinabove provided. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be maintained as a trust account for the benefit of all revenue bonds
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without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or in the trust indenture, any surplus moneys in the sinking fund may be applied to the purchase or redemption of bonds and any such bonds so purchased or redeemed shall forthwith be canceled and shall not again be issued.
Section 17. Remedies of bondholders. Any holder of revenue bonds issued under the provisions of this Act or any of the coupons appertaining thereto and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted hereunder or under such resolution or trust indenture and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture to be performed by the authority or any officer thereof, including the fixing, charging, and collecting of revenues, fees, tolls, and other charges for the use of the facilities and services furnished.
Section 18. Refunding bonds. The authority is authorized to provide by resolution for the issuance of bonds of the authority for the purpose of funding or refunding any revenue bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon and premium, if any. The issuance of such funding or refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the authority in respect to the same shall be governed by the foregoing provisions of this Act insofar as the same may be applicable.
Section 19. Validation. Bonds of the authority shall be confirmed and validated in accordance with the procedure of the Revenue Bond Law, as amended. The petition for validation shall also make party defendant to such action the State of Georgia or any municipality, county, authority, political subdivision, or instrumentality of the State of Georgia which has contracted with the authority for the services and facilities of the project for which bonds are to be issued and sought to be validated and the state or such municipality, county, authority, political subdivision, or instrumentality shall be required to show cause, if any exists, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the contract or contracts adjudicated as a part of the
4790 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
basis for the security for the payment of any such bonds of the authority. The bonds when validated and the judgment of validation shall be final and conclusive with respect to such bonds and the security for the payment thereof and interest thereon and against the authority issuing the same and the state and any municipality, county, authority, political subdivision, or instrumentality, if a party to the validation proceedings, contracting with the said EtowahForsyth Water Authority.
Section 20. Venue and jurisdiction. Any action to protect or enforce any rights under the provisions of this Act or any suit or action against such authority shall be brought in the Superior Court of Forsyth 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. Interest of bondholders protected. While any of the bonds issued by the authority remain outstanding, the powers, duties, or existence of said authority or its officers, employees, or agents shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds. No other entity, department, agency, or authority will be created which will compete with the authority to such an extent as to affect adversely the interest and rights of the holders of such bonds, nor will the state itself so compete with the authority. The provisions of this Act shall be for the benefit of the authority and the holders of any such bonds and, upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds.
Section 22. Moneys received considered trust funds. All moneys received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenue, income, fees, and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act.
Section 23. Purpose of the authority. Without limiting the generality of any provision of this Act, the general purpose of the authority is declared to be that of acquiring an adequate source or sources of water supply, treatment of such water, and thereafter the distribution of the same to the various contracting entities in Forsyth County and environs, including the geographic area of adjoining counties and municipalities located therein. Such general purpose
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shall not restrict the authority from selling and delivering water directly to consumers in those areas where there does not now exist water distribution systems and in those areas where neither any county nor municipality deems it desirable or feasible to furnish water in such locality.
The authority shall also have the authority, where it deems it feasible, to sell its products and services to customers, governmental agencies, or governmental instrumentalities of adjoining states, providing the laws of the adjoining states do not prohibit or tax said activity.
The authority shall not have the authority to construct water lines for the distribution of water directly to customers within any municipality without first obtaining the express written consent of the appropriate governing bodies of said municipality.
Section 24. Rates, charges, and revenues; use. The authority is authorized to prescribe and fix rates and to revise same from time to time and to collect fees, tolls, and charges for the services, facilities, and commodities furnished and, in anticipation of the collection of the revenues of such undertaking or project, to issue revenue bonds as provided in this Act to finance, in whole or in part, the cost of the acquisition, construction, reconstruction, improvements, betterment, or extension of a water 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 25. Rules and regulations for operation of projects. It shall be the duty of the authority to prescribe rules and regulations for the operation of the project or projects constructed or acquired under the provisions of this Act, including the basis upon which water service and facilities shall be furnished.
Section 26. Tort immunity. The authority shall have the same immunity and exemption from liability for torts and negligence as Forsyth County; and the officers, agents, and employees of the authority when in the performance of the work of the authority shall have the same immunity and exemption from liability for torts and negligence as the officers, agents, and employees of Forsyth County when in the performance of their public duties or work of the county.
4792 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 27. Powers declared supplemental and additional. The foregoing sections of this Act shall be deemed to provide an additional and alternative method for the doing of the things authorized thereby, shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing.
Section 28. Effect on other governments. This Act shall not and does not in any way take from Forsyth County or any municipality located therein or any adjoining county the authority to own, operate, and maintain a water system or to issue revenue bonds as is provided by the Revenue Bond Law.
Section 29. Liberal construction of Act. This Act, being for the welfare of the various political subdivisions of the state and its inhabitants, shall be liberally construed to effect the purposes hereof.
Section 30. Effective date. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 31. 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 in the regular 1984 session of the General Assembly of Georgia a bill to create the Etowah/Forsyth Water Authority, to provide for all related matters, and for other purposes.
Dated Feb. 6,1984.
Bill H. Barnett Representative, 10th District
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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 date: February 8,1984.
/s/ Bill H. Barnett Representative, 10th District
Sworn to and subscribed before me, this 13th day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 28,1984.
CITY OF CONCORD -- NEW CHARTER. No. 1081 (House Bill No. 1613). AN ACT
To provide a new charter for the City of Concord in the County of Pike; to provide for the incorporation and powers of said city; to provide for the governing body of said city; to provide for the
4794 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 provide for severability; 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 CHARTER, CITY LIMITS, AND CORPORATE POWERS
Section 1.10. Incorporation. This Act shall constitute the whole charter of the City of Concord, repealing and replacing the charter provided by an Act of the General Assembly approved July 29,1914 (Ga. L. 1914, p. 658), as amended. The City of Concord, Georgia, in the County of Pike, and the inhabitants thereof are constituted and declared a body politic and corporate under the same name and style of Concord, Georgia, and by that name shall have perpetual succession, may bring and defend any action, 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 this city shall be those existing on the effective date of the adoption of this charter, with such alterations as may be made from time to time in the manner provided by general state law. The boundaries of this city at all times shall be shown on a map, a written description, or any combination thereof, to be retained permanently in the office of the city clerk and to be designated, as the case may be: "Official Map (or Description) of the Corporate Limits of the City of Concord, Georgia." Photographic, typed, or other copies of such map or description certified by the city clerk shall be admitted as evidence in all courts and shall have the same force and effect as with the original map or description.
(b) The city council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the earlier map or maps which it is designated to replace.
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Section 1.12. Powers and construction, (a) This city shall have all powers possible for a city to have under the present or future Constitution and laws of this state as fully and completely as though they were specifically enumerated in this charter.
(b) The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this city.
Section 1.13. Examples of powers. The corporate powers of this city may include, but are not limited to, the following:
(1) Property taxes: To levy and to provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation;
(2) Other taxes: To levy and collect such other taxes as may be allowed now or in the future by state law;
(3) Business regulation and taxation: To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades, and professions; to license and regulate the same; to provide for the manner and method of payment of such licenses and taxes; and to revoke such licenses after due process for failure to pay any city taxes or fees;
(4) Appropriations and expenditures: To make appropriations for the support of the government of the city, to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia, and to provide for the payment of expenses of the city;
(5) Municipal debts: To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia;
(6) Municipal property ownership: To acquire, dispose of, and hold in trust or otherwise any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city;
4796 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(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 public Acts as are or may be enacted;
(9) Municipal utilities: To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including, but not limited to, a system of waterworks, sewers and drains, sewage disposal, gas works, electric light plants, transportation facilities, public airports, and any other public utility, and to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties and withdrawal of service for refusal or failure to pay same and the manner in which such remedies shall be enforced;
(10) Public utilities and services: To grant franchises or make contracts for public utilities and public service and to prescribe the rates, fares, regulations, and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Georgia Public Service Commission;
(11) Roadways: To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, otherwise improve, maintain, repair, clean, prevent erosion of, and light roads, alleys, and walkways within the corporate limits of the city and to grant franchises and rights of way throughout the streets and roads and over the bridges and viaducts for the use of public utilities;
(12) Public improvements: To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, and parking facilities or charitable, cultural, educational, recreational, conservational, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities and any other public improve-
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ments, 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 public Acts as are or may be enacted;
(13) Sidewalk maintenance: To require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands and to enact ordinances establishing the terms and conditions under which such repairs and maintenance shall be effected, including the penalties to be imposed for failure to do so;
(14) Building regulation: To regulate the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air-conditioning codes and to regulate all housing, building, and building trades; and 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 ensure 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 intoxicating liquors; the use and sale of firearms; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials, the use of lighting and heating equipment and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant trades, theatrical performances, exhibitions, shows of any kind whatever, by taxation or otherwise; to license, tax, regulate, or prohibit professional fortune telling, palmistry, adult bookstores, and massage parlors;
(18) Regulation of roadside areas: To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights of way of
4798 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 is or may become dangerous or detrimental to the public;
(23) Solid waste disposal: To provide for the collection and disposal of garbage, rubbish, and refuse; to regulate the collection and disposal of garbage, rubbish, and refuse by others; to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials; and to provide for the sale of such items;
(24) Garbage fees: To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business therein benefiting from such services; to enforce the payment of such charges, taxes, or fees; and to provide for the manner and method of collecting such service charges;
(25) Sewer fees: To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system and to levy on the users of sewers and the
GEORGIA LAWS 1984 SESSION
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sewerage system a sewer service charge fee or sewer tax for the use of the sewers; to provide for the manner and method of collecting such service charges and for enforcing payment of same; and to charge, impose, and collect a sewer connection fee or fees and to charge the same from time to time, such fees to be levied on the users connecting with the sewerage system;
(26) Nuisance: To define a nuisance and provide for its abatement whether on public or private property;
(27) Municipal property protection: To provide for the preservation and protection of property and equipment of the city and the administration and use of same by the public and to prescribe penalties and punishment for violations thereof;
(28) Jail sentences: To provide that persons given jail sentences in the municipal court shall work out such sentences in any public works or on the streets, roads, drains, and squares in the city or to provide for commitment of such persons to any county work camp or jail by agreement with the appropriate county officials;
(29) Animal regulations: To regulate and license or prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same if in violation of any ordinance or lawful order; 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;
(30) Motor vehicles: To regulate the operation of motor vehicles and exercise control over all traffic, including parking, upon or across the streets, roads, alleys, and walkways of the city;
(31) Taxicabs: To regulate and license vehicles operated for hire in the city, to limit the number of such vehicles, to require the operators thereof to be licensed, to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance, and to regulate and rent parking spaces in public ways for the use of such vehicles;
(32) Pensions: To provide and maintain a system of pensions and retirement for officers and employees of the city;
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(33) Special assessments: To levy and provide for the collection of special assessments to cover the costs for any public improvements;
(34) Contracts: To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations providing for services to be made therefor;
(35) City agencies and delegation of power: To create, alter, or abolish departments, boards, offices, commissions, and agencies of the city and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to same;
(36) Penalties: To provide penalties for violations of any ordinance adopted pursuant to the authority of this charter and the laws of the State of Georgia;
(37) Police and fire protection: To exercise the power of arrest through duly appointed police officers 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 outside 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 and operate such public transportation systems as are deemed beneficial;
(41) General health, safety, and welfare: To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city and to provide for the enforcement of such standards; and
(42) Other powers: To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desir-
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able to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia. No listing of particular powers in this charter shall be held to be exclusive of others nor restrictive of general words and phrases granting powers but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia.
Section 1.14. Exercise of powers. All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or employees shall be carried into execution as provided by this charter. If this charter makes no provision, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia.
ARTICLE II GOVERNMENT STRUCTURE
Section 2.10. City council creation; composition; number; election. The legislative authority of the government of this city, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and five council members. The mayor and council members shall be elected in the manner provided by Article V of this charter.
Section 2.11. City council terms and qualifications for office. The mayor and members of the city council shall serve for terms of two years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or council member unless he meets the requirements of a qualified elector for members of the General Assembly as prescribed by state law, has been a resident of the city for three months prior to the date of the election of mayor or members of the city council, and has no debts outstanding against him in favor of the city. The mayor and each council member shall continue to reside within the city during his period of service and shall be registered and qualified to vote in municipal elections of this city.
4802 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2.12. Vacancy; filling of vacancies, (a) The office of mayor or council member shall become vacant upon the incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized by this charter or the general laws of the State of Georgia.
(b) A vacancy in the office of mayor or council member shall be filled for the remainder of the unexpired term, if any, as provided for in Article V.
Section 2.13. Compensation and expenses. The mayor and council members shall receive compensation for their services in an amount set by ordinance, but any increase in compensation shall be subject to Code Section 36-35-4 of the O.C.G.A., relating to authority to fix compensation and benefits for employees and members of governing authority, or any similar law hereafter enacted. 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, neither the mayor nor any other council member shall hold any other city office or city employment during the term for which he was elected.
Section 2.15. Conflict of interest; disclosure, (a) No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly:
(1) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of his official duties or which would tend to impair his independence of judgment or action in the performance of his official duties;
(2) Engage in or accept private employment or render services for private interest when such employment or service is incompatible with the proper discharge of his official duties or would tend to impair the independence of his judgment or action in the performance of his official duties;
(3) Disclose confidential information concerning the property, government, or affairs of the governmental body by which he
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is engaged without proper legal authorization or use such information to advance the financial or other private interest of himself or others;
(4) Accept any valuable gift, whether in the form of service, loan, thing, or promise, from any person, firm, or corporation which to his knowledge is interested, directly or indirectly, in any manner whatsoever in business dealings with the governmental body by which he is engaged; provided, 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 proceeding against this city or any portion of its government; or
(6) Vote or otherwise participate in the negotiation or the making of any contract with any business or entity in which he has a financial interest.
(b) Any elected official, appointed officer, or employee who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within any department of the city shall disclose such private interest to the city council. The mayor or any council member who has a private interest in any matter pending before the city council shall disclose such private interest and such disclosure shall be entered on the records of the city council and he shall disqualify himself from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any agency or political entity to which this charter applies who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within such entity shall disclose such private interest to the governing body of such agency or entity.
(c) No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such government for personal benefit, convenience, or profit except in accordance with policies promulgated by the city council or the governing body of such agency or entity.
(d) Any violation of this section which occurs with the knowledge, express or implied, of another party to a contract or sale shall render said contract or sale voidable as to that party, at the option of the city council.
4804 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(e) Except where authorized by law, neither the mayor nor any council member shall hold any other elective or compensated appointive office in the city or otherwise be employed by said government or any agency thereof during the term for which he was elected. No former mayor and no former council member shall hold any compensated appointive office in the city until one year after the expiration of the term for which he was elected.
(f) No appointive officer and no employee of the city shall continue in such employment upon qualifying as a candidate for nomination or election to any public office.
(g) (1) Any city officer or employee who knowingly conceals such financial interest or knowingly violates any of the requirements of this section shall be guilty of malfeasance in office or position and shall be deemed to have forfeited his office or position.
(2) Any officer or employee of the city who shall forfeit his office or position as described in paragraph (1) of this subsection shall be ineligible for appointment or election to or employment in a position in the city government for a period of three years thereafter.
Section 2.16. Inquiries and investigations. The city council may make inquiries and investigations into the affairs of the city and the conduct of any department, office, or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of those powers by the city council shall be punished as provided by ordinance.
Section 2.17. General power and authority of the city council, (a) 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.
(b) In addition to all other powers conferred upon it by law, the council shall have the authority to adopt and provide for the creation of such ordinances, resolutions, rules, and regulations, not inconsistent with this charter, the Constitution, and the laws of the State of Georgia, which it shall deem necessary, expedient, or helpful for the peace, good order, protection of life, property, health, welfare, sanita-
GEORGIA LAWS 1984 SESSION
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tion, comfort, convenience, prosperity, or well-being of the inhabitants of this city. The council may enforce such ordinances by imposing penalties for the violation thereof.
Section 2.18. Organization meeting. The city council shall meet for organization on the first Tuesday following the final determination of election results in each year. The meeting shall be called to order by the city clerk and the oath of office shall be administered to the newly elected members as follows:
"I do solemnly swear (or affirm) that I will 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 48 hours in advance of the meeting. Such notice to council members shall not be required if the mayor and all council members are present when the special meeting is called. Such notice of any special meeting may be waived by a council member in writing before or after such a meeting, and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such council member's presence. Only the business stated in the call may be transacted at the special meeting.
(c) 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 a journal of its proceedings, which shall be a public record.
(b) All committees and committee chairpersons of the city council shall be appointed by the mayor. The mayor shall have the power
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to remove members of any committee and the power to appoint new members to any committee, at any time, within the mayor's discretion.
Section 2.21. Quorum; voting. Three council members and the mayor or two council members plus the mayor pro tempore in the mayor's absence shall constitute a quorum and shall be authorized to transact business of the city council. Voting on the adoption of ordinances shall be taken by voice vote and the ayes and nays shall be recorded in the journal, but any member of the city council shall have the right to request a roll-call vote. The affirmative vote of a majority of 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. 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 2.23. Ordinance form; procedure, (a) Every proposed ordinance shall be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be "The Council of the City of Concord hereby ordains..." and every ordinance shall so begin.
(b) An ordinance may be introduced by any council member and read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish; provided, however, an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided in Section 2.24. Upon introduction of any ordinance, the clerk shall as soon as possible distribute a copy to the mayor and to each council member and shall file a reasonable number of copies in the office of the clerk and at such other public places as the city council may designate.
Section 2.24. 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
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any public utility for its services, or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it is introduced, but the affirmative vote of at least three council members or two council members and the presiding officer in the event of a tie vote shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances.
Section 2.25. Codes of technical regulations, (a) The city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that:
(1) The requirements of subsection (b) of Section 2.23 for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and
(2) A copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the clerk pursuant to Section 2.26.
(b) Copies of any adopted code of technical regulations shall be made available by the clerk for distribution or for purchase at a reasonable price.
Section 2.26. Signing; authenticating; recording; codification; printing, (a) The clerk shall authenticate by his signature and record in full in a properly indexed book kept for that purpose all ordinances adopted by the council.
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(b) The city council shall provide for the preparation of a general codification of all 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 Concord, Georgia." Copies of the code shall be furnished to all officers, departments, and agencies of the city and made available for purchase by the public at a reasonable price as fixed by the city council.
(c) The city council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the city council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for incorporation therein. The city council shall make such further arrangements as deemed desirable with respect to reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code.
Section 2.27. Powers and duties of the mayor. The mayor shall:
(1) See that all laws and ordinances of the city are faithfully executed;
(2) Preside at all meetings of the city council and have the right to take part in the deliberations of council but refrain from voting on any question except in the case of a tie;
(3) Be the official head and spokesman for the city for service of process and ceremonial purposes;
(4) Sign as a matter of course all written contracts, ordinances, and other instruments executed by the city which by law are required to be in writing;
(5) Prepare and submit to the city council a recommended annual operating budget and recommended capital budget;
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(6) Be clothed with veto power as provided in Section 2.28; and
(7) Fulfill such other executive and administrative duties as city council shall by ordinance establish or as may now or hereafter be required by general state law.
Section 2.28. Submission of ordinances to the mayor; veto power, (a) Every ordinance adopted by the city council shall be presented promptly by the clerk to the mayor.
(b) The mayor, within ten calendar days of receipt of an ordinance, shall return it to the clerk with or without his approval or with his disapproval. If the ordinance has been approved by the mayor, it shall become law upon its return to the clerk; if the ordinance is neither approved nor disapproved, it shall become law at 12:00 Noon on the tenth calendar day after its adoption; if the ordinance is disapproved, the mayor shall submit to the city council through the clerk a written statement of his reasons for 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 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 four members, it shall become law.
Section 2.29. Mayor pro tempore; selection; duties. At each organizational meeting under Section 2.18, 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 mayor's disability or absence. The city council shall elect an acting mayor pro tempore from among its members for any period in which the mayor pro tempore is disabled, absent, or acting as mayor. Any such absence or disability shall be declared by majority vote of all the council members present.
ARTICLE III ADMINISTRATIVE AFFAIRS
Section 3.10. Administrative and service departments, (a) Except as otherwise provided in this
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charter, the city council, by ordinance, shall prescribe the functions or duties and establish, abolish, or alter all nonelective offices, positions of employment, departments, and agencies of the city as necessary for the proper administration of the affairs and government of this city.
(b) Except as otherwise provided by this charter or general state law, the heads 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 heads of departments shall receive such compensation as prescribed by ordinance.
(d) There shall be a head of each department or agency who shall be its principal officer. Each department head shall, subject to the direction and supervision of the mayor, be responsible for the administration and direction of the affairs and operations of his department or agency.
(e) All department heads 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 department heads under his supervision but such shall not be effective for 21 calendar days following the mayor giving written notice of such action and the reasons therefor to the department head involved and the city council. The department head involved may appeal to the city council which, after a hearing, may override the mayor's action by a vote of three council members.
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-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 mayor, subject to approval 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.
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(c) The city council, by ordinance, may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority.
(d) No member of any board, commission, or authority shall hold any elective office in the city.
(e) Any vacancy on a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed herein for original appointment, except as otherwise provided by this charter or general state law.
(f) No member of a board, commission, or authority shall assume office until he has executed and filed with the clerk of the city an oath obligating himself to perform the duties of his office faithfully and impartially, such oath to be prescribed by ordinance and administered by the mayor.
(g) Any member of a board, commission, or authority may be removed from office for cause by a vote of three members of the city council.
(h) Except as otherwise provided by this charter or by general state law, each board, commission, or authority of the city shall elect one of its members as chairperson and one member as vice chairperson and may elect as its secretary one of its own members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations not inconsistent with this charter, ordinances of the city, or general state law as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs, copies of which shall be filed with the clerk of the city.
Section 3.12. City attorney. The city council shall appoint a city attorney, together with such assistant city attorneys as may be authorized, and shall provide for the payment of such attorney or attorneys for services rendered to the city. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party; may be the prosecuting officer in the municipal court; shall attend the meetings of the council as directed; shall advise the city council, mayor, and other officers and employees of the city concerning legal aspects of the city's affairs; and shall perform such other duties as may be required of him by virtue of his position as city attorney.
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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, shall maintain city council records required by this charter, and shall perform such other duties as may be required by the city council.
Section 3.14. City treasurer. The city council may appoint a city treasurer to perform the duties of a treasurer and fiscal officer.
Section 3.15. Consolidation of functions. The city council may consolidate the positions of city clerk, city treasurer, 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 3.16. Personnel policies. The city council may adopt rules and regulations consistent with this charter concerning:
(1) The method of employee selection and probationary periods of 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
(5) Such other personnel policies as may be necessary to provide for adequate and systematic handling of personnel affairs.
ARTICLE IV MUNICIPAL COURT
Section 4.10. Creation; name. There shall be a court to be known as the Municipal Court of the City of Concord.
Section 4.11. Chief judge, associate judge, (a) The municipal court shall be presided over by a chief judge and such part-time, fulltime, or standby associate judges as shall be provided by ordinance.
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(b) No person shall be qualified or eligible to serve as a judge on the municipal court unless he shall have attained the age of 21 years and shall be a member of the State Bar of Georgia. All judges shall be appointed by the city council.
(c) Compensation of the judges shall be fixed by ordinance.
(d) Judges may be removed for cause by a vote of three members of the city council.
(e) Before entering upon the duties of his office, each judge shall take an oath given by the mayor that he will honestly and faithfully discharge the duties of his office to the best of his ability without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council.
Section 4.12. Convening. The municipal court shall be convened at regular intervals as designated by ordinance or as provided by ordinance.
Section 4.13. Jurisdiction; powers, (a) The municipal court shall try and punish violations of all city ordinances.
(b) The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $100.00 or ten days in jail.
(c) The municipal 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 12 months.
(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
4814 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
bail for his appearance and shall fail to appear at the time fixed for trial, his bond shall be forfeited by the judge presiding at such time and an execution issued thereon by serving the defendant and his sureties with a rule nisi at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge declared forfeited to the city or the property so deposited shall have a lien against it for the value forfeited, which lien shall be enforceable in the same manner and to the same extent as a lien for city property taxes.
(f) The municipal court shall have the authority to bind prisoners over to the appropriate court when it appears by probable cause that a state law has been violated.
(g) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary.
(h) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summons, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by general state law.
(i) The municipal court is specifically vested with all of the jurisdiction and powers throughout the entire area of this city granted by general state laws to mayor's, recorder's, and police courts and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations.
Section 4.14. 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 Pike 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-
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vided, however, that the city council may adopt in part or in toto the rules and regulations for procedure in the superior court under the general laws of the State of Georgia. The rules and regulations made or adopted shall be filed with the city clerk, shall be available for public inspection, and, upon request, a copy shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings.
ARTICLE V ELECTIONS AND REMOVAL
Section 5.10. Applicability of general law. All primaries and 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. Regular elections; time for holding, (a) On the first Saturday in August, 1984, 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 September. The terms of office shall begin at the time of taking the oath of office as provided in Section 2.18 of this charter.
(b) The mayor and the council members from Posts 1 and 2 shall be elected in 1984 and in every even-numbered year thereafter.
(c) The council members from Posts 3, 4, and 5 shall be elected in 1985 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; provided, however, if such vacancy occurs within six months of the expiration of the term of that office, the city council or those remaining shall appoint a successor for the remainder of the term. In all other respects, the special election shall be held and conducted in accordance with Chapter 3 of Title 21 of the O.C.G.A., the "Georgia Municipal Election Code," as now or hereafter amended.
4816 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 5.13. Other provisions. Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe such rules and regulations it deems appropriate to fulfill any options and duties under Chapter 3 of Title 21 of the O.C.G.A., the "Georgia Municipal Election Code," as now or hereafter amended.
Section 5.14. Nonpartisan elections. Political parties shall not conduct primaries for city offices, and all names of candidates for city offices shall be listed without party labels.
Section 5.15. Election by 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, for providing governmental services, for the repayment of principal and interest on general obligations, and for any other public purpose as determined by the city council in its discretion.
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, provided that the tax rate shall not be greater than eight mills. The city council, by ordinance, may provide for the payment of these taxes by installments or in one lump sum, as well as to authorize the voluntary payment of taxes prior to the time when due.
Section 6.12. Occupation and business taxes. The city council by ordinance shall have the power to levy such occupation or business taxes as are not denied by general state law. Such taxes may be levied on both individuals and corporations which transact business in this city or which practice or offer to practice any profession or calling therein to the extent such persons or corporations 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.
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Section 6.13. Licenses, permits, fees. The city council by ordinance shall have the power to require any individuals or corporations which transact business in this city or which practice or offer to practice any profession or calling therein to obtain a license or permit for such activity from the city and pay a reasonable fee for such license or permit where such activities are not now regulated by general state law in such a way as to preclude city regulation. Such fees may reflect the total cost to the city of regulating the activity and, if unpaid, shall be collected as provided in Section 6.18. The city council by ordinance may establish reasonable requirements for obtaining or keeping such licenses as the public health, safety, and welfare necessitate.
Section 6.14. Franchises. The city council shall have the power to grant franchises for the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, cable television, gas companies, transportation companies, and other similar organizations. The city council shall determine the duration, provisions, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises. No franchise shall be granted unless the city receives just and . adequate compensation therefor. The city council shall provide for the registration of all franchises with the city clerk in a registration book to be kept by him. The city council may provide by ordinance for the registration within a reasonable time of all franchises previously granted.
Section 6.15. Service charges. The city council by ordinance shall have the power to assess and collect fees, charges, and tolls for sewer, sanitary, health services, or any other services rendered within and outside the corporate limits of the city for the total cost to the city of providing such services. If unpaid, such charges shall be collected as provided in Section 6.18.
Section 6.16. Special assessments. The city council by ordinance shall have the power to assess and collect the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners under such terms and conditions as are reasonable. If unpaid, such charges shall be collected as provided in Section 6.18.
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Section 6.17. Construction; other taxes. This city shall be empowered to levy any other tax allowed now or hereafter by state law; and the specific mention of any right, power, or authority in this article shall not be construed as limiting in any way the general powers of this city to govern its local affairs.
Section 6.18. Collection of delinquent taxes and fees. The city council by ordinance may provide generally for the collection of delinquent taxes, fees, or other revenue due the city under Sections 6.10 through 6.17 by whatever reasonable means as are not precluded by general state law. 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 notes. The city must obtain and repay any short-term loans between January 1 and December 31 of the calendar year in which the loan was obtained or as is otherwise provided by present or future state law.
Section 6.22. Fiscal year. The city council shall set the fiscal year by ordinance. The fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, agency, and activity of the city government unless otherwise provided by general state or federal law.
Section 6.23. Budget and audit. The city shall conform to those budget and audit requirements established pursuant to Chapter 81 of
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Title 36 of the O.C.G.A., relating to budgets and audits for local governments. For such purposes, the mayor shall be the budget officer of the city.
Section 6.24. Tax levies. Following adoption of the operating budget, the city council shall levy by ordinance such taxes as are necessary. The taxes and tax rates set by such ordinance shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances, and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expenses of the general government of the city.
Section 6.25. Changes in appropriations. The city council by ordinance may make changes in the appropriations contained in the current operating budget at any regular meeting or special or emergency meeting called for such purpose, but any additional appropriations may be made only from an existing unappropriated surplus in the fund to which it applies or on a revised estimate of revenue.
Section 6.26. 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 to indicate such drafting or review; and
(3) It is made or authorized by the city council and such approval is entered in the council minutes.
Section 6.27. Centralized purchasing. The city council may prescribe procedures for a system of centralized purchasing for the city.
Section 6.28. Sale of city property, (a) The city 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.
4820 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(b) The city council may quitclaim any rights it may have in property not needed for public purposes upon report by the mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value.
(c) Whenever, in opening, extending, or widening any street, avenue, alley, or public place of the city, a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the mayor to execute and deliver in the name of the city a deed conveying said cut off or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights of way of said street, avenue, alley, or public place or in settlement of any alleged damages sustained by said abutting or adjoining property owner. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made.
ARTICLE VII GENERAL PROVISIONS
Section. 7.10. 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 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 offices as may be provided by the city council.
Section 7.13. Penalties. The violation of any provisions of this charter for which penalty is not specifically provided for herein is
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declared to be a misdemeanor and shall be punishable by a fine of not more than $500.00 or by imprisonment not to exceed 90 days, or both such fine and imprisonment.
Section 7.14. Construction, (a) Section captions in this charter are informative only and are not to be considered as a part thereof.
(b) The word "shall" is intended to be mandatory and the word "may" is discretionary.
(c) The singular shall include the plural and the masculine the feminine and vice versa.
Section 7.15. Severability. If any article, section, subsection, paragraph, sentence, or part thereof of this charter shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair other parts of this charter, unless it clearly appears that such other parts are wholly and necessarily dependent upon the part held to be invalid or unconstitutional, it being the legislative intent in enacting this charter that each article, section, subsection, paragraph, sentence, or part thereof be enacted separately, and independent of each other.
Section 7.16. Specific repealer. An Act incorporating the City of Concord in the County of Pike, approved July 29, 1914 (Ga. L. 1914, p. 658), as amended by an Act approved March 7,1960 (Ga. L. 1960, p. 2281) and by an Act approved March 24,1976 (Ga. L. 1976, p. 3150), is repealed in its entirety.
Section 7.17. Effective date. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 7.18. 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 I shall introduce a bill in the 1984 session of the General Assembly to repeal the existing charter for the City of Concord, Georgia; to adopt a new charter for the City of
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Concord, in Pike County, Georgia; to describe the corporate limits; provide for municipal government; provide for municipal officials, their election or appointment, term of office, salary and duties; empower said municipality to levy and collect taxes and other revenues and expand same; and for other purposes.
This the 16th day of January, 1984.
Marvin Adams Representative, 79th District
Georgia, Pike County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Marvin Adams, who, on oath, deposes and says that he is State Representative from the 79th House District in Pike County, Georgia, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Pike County Reporter, which is the legal organ of said County on the following date: January 18,1984.
/s/ Marvin Adams Representative, 79th District
Sworn to and subscribed before me, this the 3rd day of February, 1984.
/s/ James L. Hendrix, Jr. Notary Public, Georgia State at Large. My Commission Expires 1/23, 1987. (Seal).
Approved March 28,1984.
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BOARD OF COMMISSIONERS OF BERRIEN COUNTY -- ACT CREATING BOARD AMENDED --
REFERENDUM.
No. 1082 (House Bill No. 1633).
AN ACT
To amend an Act creating a board of commissioners of Berrien County, approved September 20,1887 (Ga. L. 1886-87, Vol. II, p. 664), as amended, so as to change the number of commissioners; to provide for commissioner districts; to provide for the election of members, other than the chairman, from single-member districts; to provide for qualifications for members of the board; to provide for the compensation 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 a board of commissioners of Berrien County, approved September 20,1887 (Ga. L. 1886-87, Vol. II, p. 664), as amended, is amended by striking Section 1 in its entirety and substituting in lieu thereof a new Section 1 to read as follows:
"Section 1. The board of commissioners of Berrien County shall be composed of five members. Except for the chairman, the members of the board shall be residents of the commissioner districts they represent and shall be elected by a majority of the qualified electors voting within their respective commissioner districts. The chairman shall be a resident of Berrien County and shall be elected by a majority of the qualified voters of the entire county."
Section 2. Said Act is further amended by striking Sections 1A and 2 in their entirety and substituting in lieu thereof a new Section 2 to read as follows:
"Section 2. (a) For the purpose of electing the members of the board of commissioners, other than the chairman, Berrien County is divided into four commissioner districts as follows:
4824 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Commissioner District 1
Tract 9901 Blocks 240 and 241
Tract 9902 Block Groups 1 and 2 Blocks 301 through 329 That part of Block 330 outside the City of Nashville Blocks 331 through 343 and 348 through 350 Blocks 401 and 402 Blocks 502 through 507 and 514 through 528 That part of Block 529 outside the City of Nashville Block 539
Commissioner District 2
Tract 9901 Block Group 1 Blocks 201 through 218, 223 through 239, and 242 through 250 Blocks 301 through 338 That part of Block 339 outside the City of Nashville Blocks 340, 341, 349, and 350 Blocks 415 through 429 Blocks 539 through 548 Block Group 6
Tract 9903 Blocks 101 through 107 That part of Block 108 which lies east of Ten Mile Creek Blocks 115 through 120
Commissioner District 3
Tract 9901 That part of Block 339 which is inside the City of Nashville Blocks 342 through 348 Blocks 401 through 414 and
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430 through 450 Blocks 501 through 537 Tract 9902 That part of Block 330 inside
the City of Nashville Blocks 344 through 347 Blocks 403 through 416 and 418 through 450 Block 501 That part of Block 529 inside
the City of Nashville Block 530 Tract 9903 Blocks 134 through 150 Blocks 201 through 221
and 224 through 250 Blocks 301 and 303 through
305 That part of Block 307 inside
the City of Nashville Block 308 That part of Block 309 inside
the City of Nashville Block 399
Commissioner District 4
Tract 9901 Blocks 538, 549, and 550
Tract 9902 Blocks 508 through 513
Tract 9903 That part of Block 108 which lies west of Ten Mile Creek Blocks 109 through 114, 121 through 133, and 160 Blocks 222 and 223 Those parts of Blocks 307 and 309 outside the City of Nashville Blocks 310 through 347, 349 through 351, 361, and 362 Block Groups 4 and 5
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(b) In order to be eligible for membership on the board, a person must be at least 21 years of age as of the date of taking office, a qualified elector of Berrien County. Any person offering as a candidate for election to the board, except for the office of chairman, must specify the commissioner district for which the person is offering. Members of the board must remain a resident of the commissioner district from which elected during the term of office. Any person offering as a candidate for election to the office of chairman must so specify when qualifying as a candidate. The chairman must remain a resident of Berrien County during the term of office for which elected. 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.'
(c) The chairman shall be elected at the general election of 1984 and shall serve for a term of office beginning January 1, 1985, and ending December 31,1988. The members elected from Commissioner Districts 1 and 3 shall be elected at the general election of 1984 and each member shall serve for a term of office beginning January 1, 1985, and ending December 31, 1986. The members elected from Commissioner Districts 2 and 4 shall be elected at the general election of 1984 and each member shall serve for a term of office beginning January 1,1985, and ending December 31,1988. Thereafter, successors to the chairman and other members of the board shall be elected at the general election immediately preceding the expiration of the terms of office and shall each serve for terms of office of four years beginning on the first day of January immediately following election and until their successors are elected and qualified.
(d) In the event of a vacancy on the board because of death, resignation, removal of residency from the commissioner district, or for any other cause, and the unexpired term is six months or more, such vacancy shall be filled for the unexpired term at a special election which shall be called by the election superintendent of Berrien County within ten days after the occurrence of the vacancy. The election superintendent shall set the date of such special election for a day not less than 30 nor more than 45 days after the issuance of the call. Any person elected to fill a vacancy shall possess the same qualifications required of members elected for full terms of office. Such special elections shall be called 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.'
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(e) If the unexpired term is less than six months, the remaining members of the board shall appoint a qualified person to fill such vacancy. Such appointment shall be made within 30 days after the date of the vacancy.
(f) The chairman shall receive an annual salary equal to the highest of the salaries received by the sheriff, tax commissioner, probate judge, or clerk of the Superior Court of Berrien County payable in equal monthly installments out of the funds of the county. The board shall have the authority to fix the compensation of the other commissioners; provided, however, the aggregate compensation to be received by all members of the board shall not exceed $1,000.00 per month. In addition to the salary provided for herein, the said commissioners shall also be reimbursed from the funds of said county for all actual and necessary travel expenses when traveling outside the limits of said county for county purposes."
Section 3. 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 Berrien County to issue the call for an election for the purpose of submitting this Act to the electors of Berrien County for approval or rejection. The superintendent shall set the date of such election for a day not less than 30 nor more than 45 days after the date of the issuance of the call. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Berrien County. The ballot shall have written or printed thereon the words:
"( ) YES ( ) NO
Shall the Act creating a five-member board of commissioners for Berrien County with the chairman being elected county wide and the other four commissioners being elected from single-member districts be approved?"
All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect; otherwise it shall be void and of no force and effect.
4828 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
The expense of such election shall be borne by Berrien County. It shall be the duty of the superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1984 session of the General Assembly of Georgia a bill to amend an Act creating a board of commissioners of Berrien County, approved September 20,1887 (Ga. L. 1886-87, Vol. II, p. 664), as amended, so as to change the number of commissioners; to provide for commissioner districts; to provide for the election of members other than the chairman from single-member districts; to provide for qualifications for members of the board; to provide for the compensation of the chairman; to provide for other matters relative to the foregoing; to provide for a referendum; and for other purposes.
This sixth day of February, 1984.
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 Legislation was published in the Berrien Press which is the official organ of Berrien County, on the following date: February 8,1984.
GEORGIA LAWS 1984 SESSION
/s/ Hanson Carter Representative, 146th District
Sworn to and subscribed before me, this 13th day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 28,1984.
4829
CITY OF LINCOLNTON -- NEW CHARTER.
No. 1083 (House Bill No. 1643).
AN ACT
To provide a new charter for the City of Lincolnton; 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, commissions, and authorities; to provide for a city attorney, a city clerk-treasurer, and other personnel; to provide for a recorder's court and the judge thereof; to provide for practices and procedures; to provide for elections; to provide for removal; to provide for taxation and fees; to
4830 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for accounting and budgeting; 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 an Act incorporating the City of Lincolnton in the County of Lincoln, approved March 4, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 3117), as amended; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
ARTICLE I INCORPORATION, POWERS
Section 1. Incorporation. This Act shall constitute the whole charter of the City of Lincolnton, repealing and replacing the charter provided by an Act of the General Assembly, approved March 4,1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 3117), and all amendments thereto. The City of Lincolnton, Georgia, in the County of Lincoln, and the inhabitants thereof are hereby constituted and declared a body politic and corporate under the same name and style of Lincolnton, Georgia, and by that name shall have perpetual succession, may sue and be sued, plead and be impleaded in all the courts of law and equity and in all actions whatsoever, and may have and use a common seal and change it at pleasure.
Sectionl.il. Corporate boundaries, (a) The boundaries of this city shall be those existing on the effective date of the adoption of this charter with such alterations as may be made from time to time in the manner provided by general state law. The current boundaries of the city, at all times, shall be shown on a map, a written description, or any combination thereof, to be retained permanently in the office of the city clerk and to be designated, as the case may be: "Official Map (or Description) of the Corporate Limits of the City of Lincolnton, Georgia." Alterations in these boundaries shall be indicated by appropriate entries upon or additions to such map or description. Photographic, typed, or other copies of such map or description, certified by the city clerk, shall be admitted as evidence in all courts and shall have the same force and effect as with the original map or description.
(b) The city council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate bound-
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aries. A redrawn map shall supersede for all purposes the earlier map or maps which it is designated to replace.
Section 1.12. Powers and construction, (a) The City of Lincolnton 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 prohibited 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 this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this city.
Section 1.13. Exercise of powers. All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or employees shall be exercised as provided by this charter, by ordinance, or by pertinent laws of this state.
Section 1.14. Enumeration of powers. The corporate powers of this city may include but are not limited to the following:
(1) To levy and to provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation;
(2) To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades, and professions; and to license and regulate such privileges, occupations, trades, and professions; and to provide for the manner and method of payment of such licenses and taxes;
(3) To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the city;
(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;
4832 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(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 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, 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 periods of 35 years; and to prescribe the rates, fares, regulations, standards, and conditions of service applicable to the service to be provided by the franchise grantee or contractor insofar as not in conflict with such regulations by the Public Service Commission;
(10) To lay out, open, extend, widen, narrow, establish, change the grade of, abandon, close, construct, pave, curb, gutter, adorn with shade trees, or 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 through the streets and roads and over the bridges and viaducts, for the use of public utilities;
(12) To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks and play-
GEORGIA LAWS 1984 SESSION
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grounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, sewers, drains, sewerage treatment, airports, hospitals, and charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities, and any other public improvements inside or outside the corporate limits of the city; and to regulate the use thereof; and for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A., or other applicable public Acts, as are or may be enacted;
(13) To acquire real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands; and to enact ordinances establishing the terms and conditions under which such repairs and maintenance shall be effected, including the penalties to be imposed for failure to do so;
(14) To regulate the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas and heating and air-conditioning codes; to regulate all housing, building, and building trades; to license all building trades; and to license the construction and erection of buildings and all other structures;
(15) To provide for the prevention and punishment of drunkenness, riots, and public disturbances;
(16) To regulate or prohibit junk dealers and pawnshops; the manufacture, sale, or transportation of intoxicating liquors; the use and sale of firearms; and to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property;
(17) To regulate and control the conduct of peddlers, intinerant trades, theatrical performances, exhibitions, and shows of any kind whatever by taxation or otherwise;
(18) To license, tax, or regulate professional fortunetelling or palmistry;
4834 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(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 enforcements of such standards;
(21) To regulate the emission of smoke or other exhaust which pollutes the air and to prevent the pollution of natural streams which flow within the corporate limits of the city;
(22) To fix and establish fire limits and from time to time to extend, enlarge, or restrict same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violation thereof;
(23) To provide for the destruction and removal of any building or other structure which may or might become dangerous or detrimental to the public;
(24) To provide for the collection and disposal of garbage, rubbish, and refuse; to regulate the collection and disposal of garbage, rubbish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by others; to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials; and to provide for the sale of such items;
(25) To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business therein benefiting from such services; to enforce the payment of such charges, taxes, or fees; and to provide for the manner and method of collecting such service charges;
(26) To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining,
GEORGIA LAWS 1984 SESSION
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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;
(27) To charge, impose, and collect a sewer connection fee or fees and to charge the same from time to time, such fees to be levied on the users connecting with the sewerage system;
(28) To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental, or likely to be detrimental, to the health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city; and to provide for the enforcement of such standards;
(29) To define a nuisance and provide for its abatement whether on public or private property;
(30) To provide for the preservation and protection of property and equipment of the city and the administration and use of same by the public; and to prescribe penalties and punishment for violations thereof;
(31) To establish minimum standards for and to regulate building construction and repair, electrical wiring and equipment, gas installation and equipment, plumbing and housing for the health, sanitation, cleanliness, welfare, and safety of inhabitants of the city; and to provide for the enforcement of such standards;
(32) To provide that persons given jail sentences in the recorder's court shall work out such sentence in any public works or on the streets, roads, drains, and squares in the city; to provide for commitment of such persons to any county work camp or jail by agreement with the appropriate county officials;
(33) To adopt ordinances and regulations for the prevention of loitering, disorderly conduct, public drunkenness, and disturbing the peace in the corporate limits of the city; to prohibit the playing of lotteries therein; and to prohibit or regulate by ordinance such other conduct and activities within said city which, while not constituting an offense against the laws of this state, are deemed by the governing authority to be detrimental and offen-
4836 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
sive to the peace and good order of the city or to the welfare of the citizens thereof;
(34) To regulate and license or prohibit the keeping or running at large of animals and fowl; to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for their disposition by sale, gift, and humane destruction when not redeemed as provided by ordinance; and to provide punishment for violation of any ordinance enacted hereunder;
(35) To regulate the operation of motor vehicles and exercise control over all traffic, including parking, upon or across the streets, roads, alleys, and walkways of the city;
(36) To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate and rent parking spaces in public spaces in public ways for the use of such vehicles;
(37) To levy and provide for the collection of special assessments to cover the costs for any public improvements;
(38) To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations providing for services to be furnished and payments to be made therefor;
(39) To create, alter, or abolish departments, boards, offices, commissions, and agencies of the city and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to same;
(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;
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(42) To exercise the power of arrest through duly appointed policemen;
(43) 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;
(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 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.
ARTICLE II STRUCTURE OF GOVERNMENT
Legislative Branch
Section 2.10. City council creation; composition, number; election. The legislative authority of the government of this city, except as otherwise specifically provided in this charter, shall be vested in a 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 of and qualifications for office. The mayor and council members 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 shall have been a resident of this city for 12 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 this city. The name of no candidate for either mayor or council member shall be placed on the
4838 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ballot in elections for mayor and council member, unless he shall file a written notice with the clerk of said city that he desires his name to be placed on said ballot as a candidate either for mayor or council member. No person shall be eligible for the office of mayor or council member unless such person shall file above said notice within the time provided for in Chapter 3 of Title 21 of the O.C.G.A., the "Georgia Municipal Election Code."
Section 2.12. Vacancy; filling of vacancies, (a) The office of mayor or council member shall become vacant upon the incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized by this charter or the general laws of this 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 V.
Section 2.13. Compensation and expenses. The compensation of each council member in office on the effective date of this charter shall be $400.00 per annum. The mayor in office on the effective date of this charter shall be compensated in the amount of $1,200.00 per annum. Thereafter, the mayor and council members shall 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 state law. 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 of 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 services for private interest when such employment or service is incompatible with the proper discharge of his or her official duties
GEORGIA LAWS 1984 SESSION
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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 property, 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 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 such campaign;
(5) Represent other private interests in any action or proceeding against this city or any portion of its government; or
(6) Vote or otherwise participate in the negotiation or the making of any contract with any business or entity in which he 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, convenience, or profit except in accordance with policies promulgated by the city council or the governing body of such agency or entity.
4840 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(d) Any violation of this section which occurs with the knowledge, express or implied, of another party to a contract or sale shall render said contract or sale voidable as to that party, at the option of the city council.
(e) Except where authorized by law, neither the mayor nor any council member shall hold any other elective or compensated appointive office in the city or otherwise be employed by said government or any agency thereof during the term for which he or she was elected. No former mayor and no former council member shall hold any compensated appointive office in the city until one year after the expiration of the term for which he or she was elected.
(f) No appointive officer and no employee of the city shall continue in such employment upon qualifying as a candidate for election to any public office.
(g) (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 of position and upon conviction therefor 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) of this subsection shall be ineligible for appointment or election to or employment in a position in the city government for a period of three years thereafter.
Section 2.15. Inquiries and investigations. The city council 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 this city as provided by Article I of this charter.
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Organization and Procedures
Section 2.20. Organizational meeting. The city council shall meet for organization on the first Monday in January after the election of 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 to the newly elected members by an officer authorized by law to administer oaths, as follows:
"I do solemnly swear that I will well and truly demean myself as mayor (or council member, as the case may be) of the City of Lincolnton for the ensuing term, and I will faithfully enforce the charter and ordinances of said city to the best of my skill and ability, without fear or favor; so help me God."
Section 2.21. Regular and special meetings, (a) The city council shall hold regular monthly meetings at such times and places as prescribed by ordinance.
(b) Special, called, meetings of the city council may be held on call of the mayor or three members of the city council. Notice of such special meetings shall be served on all other members personally, or by telephone personally, at least 48 hours in advance of the meeting. Such notice to council members shall be required if the mayor and all council members are present when the special meeting is called. Such notice of any special meeting may be waived by a council member in writing before or after such a meeting, and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such council member's presence. Only the business stated in the call may be transacted at the special meeting.
(c) All meetings of the city council shall be public to the extent required by general state law and notice to the public of special meetings shall be made 24 hours prior to such meeting.
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 shall be a public record.
Section 2.23. Quorum; voting. The mayor or mayor pro tempore and three council members shall constitute a quorum and
4842 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 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 in the case of a tie. The mayor shall have the veto power and may veto any ordinance or resolution, in which event the same shall not become a law unless subsequently passed over his veto by a vote of at least four council members, duly recorded in the journal by the city clerk; but unless he shall file in writing with the clerk of said city his veto of any measure passed by that body, with the reasons for withholding his assent within three days from its passage, the same shall become a law just as if signed and approved by said mayor, but he may approve same and the measure go into effect immediately.
Section 2.24. Ordinance form; procedure. 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.
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 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 form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it is introduced, but the affirmative vote of at least three council members shall be required for adoption. It shall become
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effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances.
Section 2.27. 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 prescribed for ordinances generally except that a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the 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; printing, (a) The city clerk shall authenticate by his or her signature all ordinances adopted by the city council.
(b) The city council shall provide for the preparation of a general codification of all of the ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published promptly, together with all amendments thereto and such codes of technical regulations and other rules and regulations as the city council may specify. This compilation shall be known and cited officially as "The Code of the City of Lincolnton, Georgia." Copies of the code shall be furnished to all offices and departments of the city and made available for inspection by the public at the city hall. Copies of the code shall be made available for purchase by the public at a reasonable price as fixed by the city council.
(c) The city council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by
4844 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
the city council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for incorporation therein. The city council shall make such further arrangements as deemed desirable with respect to reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code.
Office of Mayor
Section 2.30. Election; forfeiture; compensation. The mayor shall be elected and shall serve for a term of two years and until a 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 twelve months immediately preceding the election of mayor. The mayor shall continue to reside in this city during said period of service. He or she shall forfeit the 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 2.31. Chief executive officer; delegation of powers. The mayor shall be the chief executive of this 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 herein. 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.
Section 2.32. Powers and duties of mayor. As the chief executive of this city, the mayor shall:
(1) See that all laws and ordinances of the city are faithfully executed;
(2) Appoint and remove, 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;
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(3) Exercise supervision over all executive and administrative work of the city and provide for the coordination of administrative activities;
(4) Prepare and submit to the council a recommended annual operating budget and 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 Section 2.33;
(11) Require any department or agency of the city to submit written reports whenever he or she deems it expedient;
(12) Sign as a matter of course all written contracts, ordinances, and other instruments executed by the city which by law are required to be in writing; 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 by the city clerk to the mayor within three days after its adoption.
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(b) The mayor shall within ten days of receipt of an ordinance 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 tfre mayor, it shall become law upon its return to the city clerk; if the ordinance is neither approved nor disapproved, it shall become law on the fifteenth 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 date 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 mayor's veto as provided herein. 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 mayor's disability or absence. In the event of the mayor pro tempore's disability or absence, the council members shall elect by majority vote from among its members a member who shall assume the dutieg, and powers of the mayor. Any such absence or disability shall be declared by majority vote of all council members.
ARTICLE III ADMINISTRATIVE RESPONSIBILITIES
Section 3.10. Administrative and service departments, (a) Except as otherwise provided in this charter, the city council, by ordinance, shall prescribe the functions or duties and establish, abolish, or alter all nonelective offices, positions of employment, departments, and agencies of the city, as necessary for the proper administration of the affairs and government of this city.
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(b) Except as otherwise provided by this charter or general state law, the directors of departments and other appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications.
(c) All appointive officers and directors of departments shall receive such compensation as prescribed by ordinance.
(d) There 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's giving written notice of such action and the reasons therefor to the director involved and the city council. The director involved may appeal to the city council who, after a hearing, may override the mayor's action by an affirmative vote of the entire council, or confirm such suspension or removal by a majority vote.
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-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, by ordinance, may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority.
(d) Any vacancy on a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed herein for original appointment, except as otherwise provided by this charter or general state law.
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(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 faithfully and impartially the duties of the office, 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.
Section 3.12. City attorney; duties. The mayor shall 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 the 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 city's 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 custodian of the official seal of the city; maintain city council records required by this charter; receive, keep, and disburse all money of the city upon orders; maintain accurate records thereof; and perform such other duties as may be required by the mayor or city council.
Section 3.14. Personnel administration; position classification and pay plan. The city council shall be responsible for the preparation of a position classification and pay plan which shall be adopted
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by ordinance. Said plans may apply to all employees of the city and any of its agencies, departments, boards, commissions, or authorities. When a pay plan has been adopted, the city council shall not increase or decrease the salaries of individual employees except by amendment of said pay plan. For purposes of this section, all elected and appointed city officials are not city employees.
Section 3.15. Personnel policies. The city council shall adopt rules and regulations consistent with this charter concerning:
(1) The method of employee selection and probationary periods of employment;
(2) The administration of the position classification and pay plan, methods of promotion, and transfer of employees within the classification plan;
(3) Hours of work, vacation, sick leave, and other leaves of absence, overtime pay, and the order and manner in which layoff shall be effected;
(4) Such dismissal hearings as due process may require; and
(5) Such other personnel policies as may be necessary to provide for adequate and systematic handling of personnel affairs.
ARTICLE IV JUDICIAL BRANCH
Section 4.10. Creation; name. There shall be a court to be known as the Recorder's Court of the City of Lincolnton, Georgia.
Section 4.11. Judge of recorder's court, (a) The recorder's court shall be presided over by a judge who shall be appointed by the city council and serve at the pleasure of the same.
(b) No person shall be qualified or eligible to serve as a judge on the recorder's court unless he or she shall have attained the age of 21 years.
(c) Compensation of the judge shall be fixed by ordinance.
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(d) The judge of the recorder's court may be removed for cause by a vote of four members of the city council.
(e) Before entering the duties of office, the judge shall take an oath given by the mayor that he or she will honestly and faithfully discharge the duties of the office of judge of the recorder's court to the best of his or her ability without fear, favor, or partiality.
Section 4.12. Convening. The recorder's court shall be convened at regular intervals as provided by ordinance.
Section 4.13. Jurisdiction; powers, (a) The recorder's court shall try and punish violations of all city ordinances.
(b) The recorder's court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed the maximum amount allowed by law in regard to money and time spent in jail.
(c) The recorder's court may fix punishment for offenses within its jurisdiction not exceeding a fine of $300.00 or imprisonment for 60 days, or both, or to sentence any offender upon conviction to labor in a city work gang or on the streets, sidewalks, squares, or other public works for a period not exceeding 60 days.
(d) The recorder's court shall have authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violations of state law.'
(e) The recorder's court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before said court and shall have discretionary authority to accept cash or personal or real property as surety for the appearance of any person charged with violations. Whenever any person shall give bail for his or her appearance and shall fail to appear at the time fixed for trial, his or her bond shall be forfeited by the judge presiding at such time and an execution shall be issued thereon by serving the defendant and his or her 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 order of the judge, the cash shall be declared forfeited to the city, or the city shall have a
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lien against the property for the value forfeited, which lien shall be enforceable in the same manner and to the same extent as a lien for the city property taxes.
(f) The recorder's court shall have the authority to bind prisoners over to the appropriate court when it appears by probable cause that a state law has been violated.
(g) The recorder's court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary.
(h) The recorder's court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summons, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by general state law.
(i) The recorder's court is specifically vested with all of the jurisdiction and powers throughout the entire area of this city granted by general state laws to mayor's, municipal, and police courts and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic offenses.
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 Lincoln County from the recorder's court shall lie in the same manner and under the same procedure as generally prescribed for appeals and appeal bonds from the probate court. Any person who fails to file an appeal within ten days of the date of his or her 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. Administration of court. The judge, with the approval of the city council, shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the recorder's court.
Section 4.16. Rules of practice. The rules of practice in the recorder's court shall be the rules and regulations for procedure in the superior court under the general laws of the State of Georgia. Said rules and regulations shall be on file at the city clerk's office for public inspection and, upon request, a copy shall be furnished to all defend-
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ants in recorder's court proceedings at least 48 hours prior to proceedings.
ARTICLE V ELECTIONS
Section 5.10. Applicability of general state law. All primaries and 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."
Section 5.11. Regular elections; time for holding, (a) For the purpose of electing members of the council, the City of Lincolnton shall consist of one election district with five numbered posts. All persons seeking election shall designate the post for which they seeks election.
(b) On the second Saturday in December, 1984, and on that day biennially th ereafter, there shall be elected a mayor and two council members. Then, on the second Saturday in December, 1985, and on that day biennially thereafter, there shall be elected three council members. It being the purpose of this section to provide a rotation system for the office of mayor and council members. The terms of the office shall begin at the time of taking the oath of office as provided in Section 2.20 of this charter.
(c) The mayor and councilmen who are in office on the effective date of this Act shall serve until the expiration of the term of office to which they were elected and until their successors are elected and qualified.
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 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. Any special election shall be held in accordance with Chapter 3 of Title 21 of the O.C.G.A., the "Georgia Municipal Election Code."
Section 5.13. Other provisions. Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe such
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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. Nonpartisan elections. Political parties shall not conduct primaries for city offices and all names of candidates for city offices shall be listed without party labels.
Section 5.15. Election by plurality. The candidate receiving a plurality of the votes cast for any city office shall be elected.
Section 5.16. 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 crime involving moral turpitude;
(3) Failure at any time to possess any of the qualifications of office as provided by this charter or by law;
(4) Knowing violation of any express prohibition of this charter;
(5) Abandonment of office or neglect to perform the duties thereof; or
(6) Failure for any other cause to perform the duties of office as required by this charter or by state law.
Section 5.17. Procedure for removal. Removal of an officer described above may be accomplished by one of the following methods:
(1) By the vote of three council members after an investigative hearing. In the event an elected officer is sought to be removed by the action of the city council, such officer shall be entitled to a written notice specifying the ground for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. Any elected officer sought to be removed from office as herein provided shall have the right of appeal from the decision of the city council to the Superior Court
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of Lincoln 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 Lincoln County as provided by general state law.
ARTICLE VI FINANCE
Taxation and Fees
Section 6.10. Ad valorem tax. The city council may assess, levy, and collect an ad valorem tax on all real 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 and providing governmental services; for the repayment of principal and interest on general obligations; and for any other public purpose as determined by the city council in its discretion.
Section 6.11. Millage rate; due dates; payment methods. The city council, by ordinance, shall establish 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 installments or in one lump sum, as well as authorize the voluntary payment of taxes prior to the due date.
Section 6.12. Occupation and business taxes. The city council, by ordinance, shall have the power to levy reasonable occupation or business taxes on both individuals and corporations doing business in this city or who practice or offer to practice any profession or calling therein. The city council may classify businesses, occupations, professions, or callings for the purpose of such taxation in any way which may be lawful and compel the payment of such taxes as provided in Section 6.18.
Section 6.13. Licenses; permits; fees. The city council, by ordinance, shall have the power to require any individuals or corporations 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
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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 6.18. The city council, by ordinance, may establish reasonable requirements for obtaining or keeping such licenses as the public health, safety, and welfare necessitate.
Section 6.14. Franchises. The city council shall have the power to grant franchises for the use of the city's streets and alleys and for the purposes of railroads, telephone companies, electric companies, cable television, gas companies, and other similar organizations. The city council shall determine the duration, provisions, terms, including whether the same shall be exclusive or nonexclusive, and the consideration for such franchises. However, no franchise shall be granted for a period in excess of 35 years and no franchise shall be granted unless the city receives just and adequate compensation therefor. The city council shall provide for the registration of all franchises with the city clerk in a registration book to be kept by him. The city council may provide, by ordinance, for the registration within a reasonable time of all franchises previously granted.
Section 6.15. Service charges. The city council, by ordinance, shall have the power to assess and collect fees and charges for sewer, sanitary, and health services or any other services rendered inside and outside the corporate limits of the city which reflect the total cost to the city of providing such services. Unpaid fees and charges shall be collected as provided in Section 6.18.
Section 6.16. Special assessments. The city council, by ordinance, shall have the power to assess and collect the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners under such terms and conditions as are reasonable. If unpaid, such special assessments shall be collected pursuant to the provisions in Section 6.18.
Section 6.17. Construction; other taxes. The city shall be empowered to levy any other tax allowed now and 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
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delinquent taxes, fees, or other revenue due the city pursuant to Sections 6.10 through 6.17 by whatever reasonable means as are not precluded by general state law. This shall include providing for: the dates when the taxes or fees are due; late penalties or interest; issuance and execution of fi. 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 executions.
Bonded and Other Indebtedness
Section 6.20. 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 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 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 6.22. Short-term notes. The city must obtain and repay any short-term loans between January 1 and December 31 of each year or as is otherwise provided by present or future state law.
Accounting and Budgeting
Section 6.30. 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 otherwise provided by general state or federal law.
Section 6.31. Preparation of budgets. The city council shall provide an ordinance on the procedures and requirements for the preparation and execution of an annual budget and a capital improvements program and a capital budget, including requirements as to the scope, content, and form of such budgets and programs.
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Section 6.32. Submission of operating budget to 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 shall 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 6.33. 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, shall adopt the final operating budget for the ensuing fiscal year not later than the first day of March 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 appropriations according to fund and by organizational unit, purpose, or activity.
Section 6.34. Tax levies. Following the adoption of the operating budget, the city council shall levy, by ordinance, such taxes as are necessary. The taxes and tax rates set by said ordinances shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances, and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expenses of the general government of the city.
Section 6.35. Changes in appropriations. The city council may make changes in the appropriations contained in the current operating budget at any regular meeting, or special or emergency meeting called for such purpose, but any additional appropriations may be made only from an existing unappropriated surplus in the fund to which it applies or on a revised estimate of revenue.
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Section 6.36. Independent audit. There shall be an annual independent audit of all city accounts, funds, and financial transactions by a certified public accountant selected by the city council. The audit shall be conducted according to generally accepted accounting principles. Any audit of any funds by the state or federal governments may be accepted as satisfying the requirements of this charter. Copies of all audit reports shall be available at printing cost to the public.
Contracting Procedures and Property Management
Section 6.40. 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 reviews; 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 6.41. 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
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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 advertisement was or is hereafter made.
ARTICLE VII GENERAL PROVISIONS
Section 7.10. Eminent domain. The city is hereby empowered to acquire, construct, operate, and maintain public ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, sewage treatment plants, waterworks, electrical systems, gas systems, airports, hospitals, and charitable, educational, recreational, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities and any other public improvements inside or outside the city, and to regulate the use thereof. 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 state law applicable now or provided in the future.
Section 7.11. Official bonds. The officers and employees of this city, both elective and appointive, shall execute such official bonds in such 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 7.12. Existing ordinances; resolutions, rules, and regulations. Existing ordinances, resolutions, rules, and regulations of this city not in conflict with this charter shall continue in force until repealed or amended by subsequent enactment of the city council. The city council shall review all such provisions and shall readopt, repeal, or amend each, so that a codification as provided by subsection (b) of Section 2.28 of this charter is begun.
Section 7.13. 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 appointive 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
4860 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
are in office on the effective date of this Act shall serve for the remainder of the terms of office to which they were elected.
Section 7.14. Pending matters. Except as specifically provided otherwise by this charter, all rights, claims, actions, orders, contracts, and legal or administrative proceedings shall continue and any such ongoing work or cases shall be dealt with by such city agencies, personnel, or officers as may be provided by the city council.
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 $300.00 or by imprisonment not to exceed 60 days, or both such fine and imprisonment.
Section 7.16. Construction, (a) Section captions in this charter are informative only and are not to be considered as a part thereof.
(b) The word "shall" is intended to be mandatory and the word "may" is intended to be permissive.
(c) The singular shall include the plural and the masculine the feminine and vice versa.
Section 7.17. Severability. In the event any article, section, subsection, paragraph, sentence, or part thereof of this charter shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair other parts of this charter, unless it clearly appears that such other parts are wholly and necessarily dependent upon the part held to be invalid or unconstitutional, it being the legislative intent in enacting this charter that each article, section, subsection, paragraph, sentence, or part thereof be enacted separately and independent of each other.
Section 7.18. Specific repealer. An Act incorporating the City of Lincolnton in the County of Lincoln, approved March 4, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 3117), as amended, is hereby repealed in its entirety and all amendatory Acts thereto are likewise repealed in their entirety.
Section 7.19. General repealer. All other laws and parts of laws in conflict with this Act are hereby repealed.
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Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1984 session of the General Assembly of Georgia, a bill to provide a new charter for the City of Lincolnton; to repeal conflicting laws; and for other purposes.
This 30th day of January, 1984.
Ben Barron Ross Representative, 82nd District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ben Barron Ross, who, on oath, deposes and says that he is Representative from the 82nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Lincoln Journal which is the official organ of Lincoln County, on the following date: February 2,1984.
/s/ Ben Barron Ross Representative, 82nd District
Sworn to and subscribed before me, this 14th day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 28,1984.
4862 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
BOARD OF EDUCATION OF TURNER COUNTY -- EDUCATION DISTRICTS -- ELECTION OF MEMBERS, ETC. -- REFERENDUM.
No. 1084 (House Bill No. 1657).
AN ACT
To provide for the election of members of the board of education of Turner County; to provide for education districts; to provide for the manner of electing members of the board; to provide for Riling vacancies on the board; to provide procedures for the board; to provide for the chairman and other officers of the board; to provide for meetings of the board; 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. The board of education of Turner County shall consist of seven members to be elected in accordance with this Act; provided, however, that, beginning January 1,1987, said board shall be composed of five members as provided in this Act. For the purpose of electing such members, Turner County shall be divided into five education districts as follows:
Education District No. 1:
For a point of beginning first locate that point in the City of Ashburn, Turner County, Georgia, which is the intersection of the center line of Georgia State Highway 112 with the center line of U.S. Highway 41 said point being the POINT OF BEGINNING. From said point of beginning then travel in a southwesterly direction along the center line of said Georgia State Highway 112 to a point which is the intersection of the center line of said Georgia State Highway 112
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with the center line of Jefferson Street; from said point then travel along the center line of Jefferson Street in a southeasterly direction to a point where the center line of Jefferson Street intersects with the center line of Harrison Avenue; from said point then travel along the center line of Harrison Avenue in a southwesterly direction to a point where the center line of Harrison Avenue intersects with the center line of Stevens Street; from said point then travel along the center line of Stevens Street in a southeasterly direction to a point where the center line of Stevens Street intersects with the center line of Madison Avenue; from said point then travel along the center line of Madison Avenue in a southwesterly direction to a point where the center line of Madison Avenue intersects with the center line of Harden Avenue; said point also intersecting with the city limits of the City of Ashburn, Georgia; from said point then travel in a southerly, and then easterly direction along the city limits for the City of Ashburn, Georgia, until said City limits intersects with a point which is the center line of Josella Road; from the said point then travel along the center line of Josella Road (said Josella Road as it leaves the City limits of Ashburn, Georgia, becoming more commonly known as the old Ashburn-Coverdale Road, a paved county road) southwesterly to a point where the center line of said road intersects with the center line of an unpaved county road number 208; from said point then travel in a westerly direction along the center line of said unpaved county road to a point which is the intersection of the center line of said unpaved county road with the center line of Georgia State Highway 112; from said point then travel along the center line of said Georgia State Highway 112 in a southwesterly direction to a point which is the intersection of the center line of said Georgia State Highway 112 with the Turner County, Georgia-Worth County, Georgia-county line; from said point then travel along said county line in a westerly direction to a point which is the intersection of the southern county line of Turner County, Georgia, with the western county line of Turner County, Georgia; from said point then travel along said western county line in a northerly direction to a point which is the intersection of said western county line with a certain unpaved county road known as county road number 86; from said point then travel along the center line of said unpaved county road number 86 in an easterly direction to a point where said county road intersects with the City limits of the City of Ashburn, Georgia; from said point then travel along the City limits of the City of Ashburn, Georgia, in an easterly direction, then a northerly direction, then an easterly direction, until a point which is the intersection of said City limits with the center line of U.S. Highway 41; then travel along the
4864 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
center line of U. S. Highway 41 in a southeasterly direction and back to the point of beginning.
Education District No. 2:
For a point of beginning first locate that point in the City of Ashburn, Turner County, Georgia, which is the intersection of the center line of Georgia State Highway 112 with the center line of U.S. Highway 41 said point being the POINT OF BEGINNING. From said point of beginning then travel in a southwesterly direction along the center line of said Georgia State Highway 112 to a point which is the intersection of the center line of said Georgia State Highway 112 with the center line of Jefferson Street; from said point then travel along the center line of Jefferson Street in a southeasterly direction to a point where the center line of Jefferson Street intersects with the center line of Harrison Avenue; from said point then travel along the center line of Harrison Avenue in a southwesterly direction to a point where the center line of Harrison Avenue intersects with the center line of Stevens Street; from said point then travel along the center line of Stevens Street in a southeasterly direction to a point where the center line of Stevens Street intersects with the center line of Madison Avenue; from said point then travel along the center line of Madison Avenue in a southwesterly direction to a point where the center line of Madison Avenue intersects with the center line of Harden Avenue; said point also intersecting with the City limits of the City of Ashburn, Georgia; then travel along the City limits of the City of Ashburn, Georgia, first in a southerly, then easterly direction until the City limits of the City of Ashburn, Georgia, intersects with the center line of Industrial Drive in the City of Ashburn, Georgia; then go northerly along the center line of Industrial Drive to a point which is the intersection of the center line of Industrial Drive with the center line of Whittle Circle; from said point then travel in a northwesterly direction along Whittle Circle to a point which is the intersection of the center line of Whittle Circle and the center line of Madison Avenue; from said point then travel along the center line of Madison Avenue in a southwesterly direction to a point which is the intersection of the center line of Madison Avenue with the center line of Lamont Street; from said point then travel along the center line of Lamont Street in a southeasterly direction to a point which is the intersection of the center line of Lamont Street to a center line of Haley Avenue; from said point then travel along the center line of Haley Avenue in a southwesterly direction to a point which is the intersection of the center line of Haley Avenue with the center line of
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Cleveland Street; from said point then travel along the center line of Cleveland Street in a southeasterly direction to a point which is the intersection of the center line of Cleveland Street with the center line of Jackson Avenue; from said point then travel along the center line of Jackson Avenue in a southwesterly direction to a point which is the intersection of the center line of Jackson Avenue with the center line of Johnson Street; from said point then travel along the center line of Johnson Street in a southeasterly direction to a point which is the intersection of the center line of Johnson Street and the center line of Wheeler Avenue; from said point travel along the center line of Wheeler Avenue in a southwesterly direction to a point which is the intersection of the center line of Wheeler Avenue with the center line of Gordon Street; from said point then travel in a southeasterly direction along the center line of Gordon Street to a point which is an intersection of the center line of Gordon Street with the center line of Adams Avenue; from said point then travel along the center line of Adams Avenue in a southwesterly direction to a point which is the intersection of the center line of Adams Avenue with the center line of U.S. Highway 41; from said point then travel along the center line of U.S. Highway 41 in a northwesterly direction and back to the point of beginning.
Education District No. 3:
For a point of beginning first locate the point of intersection of the center of the right of way of U.S. Interstate Highway 75 with the Turner County, Georgia-Crisp County, Georgia county line, being the northern boundary of Turner County, Georgia, said point to be the POINT OF BEGINNING. From said point of beginning then travel down the center of the right of way of U.S. Interstate Highway 75 southeasterly to a point where said center line intersects with the City limits of the City of Ashburn, Georgia; from said point then travel along the City limits of the City of Ashburn, Georgia in an easterly direction, then southerly direction, then westerly direction, to a point where said City limits intersects with the center line of Industrial Drive; from said point then travel on the center line of said Industrial Drive in a northerly direction to a point which is the intersection of the center line of Industrial Drive and the center line of Whittle Circle; from said point then travel in a northwesterly direction along Whittle Circle to a point which is the intersection of the center line of Whittle Circle and the center line of Madison Avenue; from said point then travel along the center line of Madison Avenue in a southwesterly direction to a point which is the intersection of the center line of
4866 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Madison Avenue with the center line of Lamont Street; from said point then travel along the center line of Lamont Street in a southeasterly direction to a point which is the intersection of the center line of Lamont Street to the center line of Haley Avenue; from said point then travel along the center line of Haley Avenue in a southwesterly direction to a point which is the intersection of the center line of Haley Avenue with the center line of Cleveland Street; from said point then travel along the center line of Cleveland Street in a southeasterly direction to a point which is the intersection of the center line of Cleveland Street with the center line of Jackson Avenue; from said point then travel along the center line of Jackson Avenue in a southwesterly direction to a point which is the intersection of the centerline of Jackson Avenue with the center line of Johnson Street; from said point then travel along the center line of Johnson Street in a southeasterly direction to a point which is the intersection of the center line of Johnson Street and the center line of Wheeler Avenue; from said point travel along the center line of Wheeler Avenue in a southwesterly direction to a point which is the intersection of the center line of Wheeler Avenue with the center line of Gordon Street; from said point then travel in a southeasterly direction along the center line of Gordon Street to a point which is an intersection of the center line of Gordon Street with the center line of Adams Avenue; from said point then travel along the center line of Adams Avenue in a southwesterly direction to a point which is the intersection of the center line of Adams Avenue with the center line of U.S. Highway 41; from said point then travel along the center line of U.S. Highway 41 in a northwesterly direction to a point which is the intersection of the center line of U.S. Highway 41 with the City limits of the City of Ashburn, Georgia; from said point then travel along the City limits of the City of Ashburn, Georgia, in a westerly, then southerly, then westerly direction to a point on the western boundary of the City limits of the City of Ashburn, Georgia, where said western boundary intersects and joins with the center line of an unpaved county road number 86; then continue along said unpaved county road number 86 in a westerly direction to a point where said unpaved county road number 86 intersects with the western county line of Turner County, Georgia; from said point then travel along the western county line of Turner County, Georgia, in generally a northern direction until said western county line intersects with the northern county line of Turner County, Georgia; and from said point then travel along the northern county line of Turner County, Georgia, in an easterly direction and back to the point of beginning.
GEORGIA LAWS 1984 SESSION
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Education District No. 4:
For a point of beginning locate the intersection of the center line of the right of way of U.S. Interstate Highway 75 with the Turner County, Georgia-Crisp County, Georgia, county line, said line being the northern boundary of Turner County, Georgia; said point being the POINT OF BEGINNING. From said point then travel southeasterly down the center line of the right of way of U.S. Interstate Highway 75 to a point where said center line intersects with the City limits of the City of Ashburn, Georgia; from said point then travel along said City limits of the City of Ashburn, Georgia, in an easterly, then southerly, then westerly direction to a point where the City limits of the City of Ashburn, Georgia, intersects with the center line of Industrial Drive; from said point then continue along Industrial Drive and the City limits of the City of Ashburn, Georgia, in a southerly direction to a point where the center line of Industrial Drive intersects with the center line of a paved county road commonly known as the Rock House Road; from said point then travel along the center line of said Rock House Road in an easterly direction to a point where the center line of said Rock House Road intersects with the center line of the right of way of U.S. Interstate Highway 75; from said point then travel along the center line of the right of way of U. S. Interstate Highway 75 in a southerly direction to a point which is the intersection of the center line of the right of way of U.S. Interstate Highway 75 with the center line of Georgia State Highway 32; from said point then travel along the center line of Georgia State Highway 32 easterly to a point which is the intersection of the center line of Georgia State Highway 32 and a certain county maintained paved road known as county road number 3; from said point then travel along the center line of said county paved road number 3 in an easterly direction until a point past the termination of the pavement on said road at which point is the intersection of the center line of said road number 3 with the center line of a certain unpaved county road number 129; from said point then travel in a northeasterly direction along the center line of said unpaved county road number 129 to a point which is the center line of said unpaved county road number 129 and the center line of a certain unpaved county road number 130; from said point then travel along the center line of said unpaved county road number 130 in a northeasterly direction to a point which is the intersection of the center line of county road number 130 with the center line of a certain unpaved county road number 132; from said point then travel along the center line of county road number 132 in an easterly direction to a point which is the intersection of the
4868 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
center line of county road number 132 with the eastern county line of Turner County, Georgia, as it bounds on Irwin County, Georgia; from said point then travel along the county line of Turner County, Georgia, first in a northerly, then easterly, then northerly, then westerly, then northeasterly, then westerly, then southerly, then westerly and back to the point of beginning.
Education District No. 5:
For a point of beginning first locate the intersection of the center line of Georgia Highway 112 with the southern county line of Turner County, Georgia, said point being the POINT OF BEGINNING. From said point of beginning then travel in a northeasterly direction along the center line of Georgia Highway 112 to a point which is the intersection of the center line of Georgia Highway 112 and the center line of a certain unpaved county road number 208; from said point then travel easterly along the center line of said unpaved county road number 208 to a point which is the intersection of the center line of said unpaved county road number 208 with the center line of a certain paved county maintained road commonly known as the old Coverdale Road (which is an extension of Josella Road running from the City of Ashburn); from said point then travel along the center line of the old Coverdale Road in a northeasterly direction to a point where the center line of said old Coverdale Road (Josella Road) intersects with the southern most City limits of the City of Ashburn, Georgia; from said point then travel along the City limits of the City of Ashburn, Georgia, in an easterly direction to a point where the City limits of the City of Ashburn, Georgia, intersects with the center line of Industrial Drive and the center line of the county maintained paved road known as the Rock House Road; from said point then travel along the center line of said Rock House Road in an easterly direction to the point which is an intersection of the center line of said Rock House Road with the center line of the right of way of U.S. Interstate Highway 75; from said point then travel along the center line of the right of way of U.S. Interstate Highway 75 in a southerly direction to a point which is the intersection of the center line of the right of way of U.S. Interstate Highway 75 with the center line of Georgia State Highway 32; from said point then travel easterly along the center line of Georgia State Highway 32 to a point which is the intersection of the center line of Georgia State Highway 32 and a certain county maintained paved road known as county road number 3; from said point then travel along the center line of said county paved road number 3 in an easterly direction until a point past the termination of the pavement
GEORGIA LAWS 1984 SESSION
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on said road at which point is the intersection of the center line of said road number 3 with the center line of a certain unpaved county road number 129; from said point then travel in a northeasterly direction along the center line of said unpaved county road number 129 to a point which is the center line of said unpaved county road number 129 and the center line of a certain unpaved county road number 130; from said point then travel along the center line of said unpaved county road number 130 in a northeasterly direction to a point which is the intersection of the center line of county road number 130 with the center line of a certain unpaved county road number 132; from said point then travel along the center line of county road number 132 in an easterly direction to a point which is the intersection of the center line of county road number 132 with the eastern county line of Turner County, Georgia, as it bounds on Irwin County, Georgia; from said point then travel along the county line of Turner County, Georgia, in a southerly direction then in a westerly direction, then a southerly direction, then a northwesterly direction along the flow of Daniels Creek, then an westerly direction and back to the point of beginning.
In the event any portion of Turner County is not included in any of the above-described education districts, then such portion shall be placed in that education district contiguous to such portion which has the least population according to the United States decennial census of 1980 or any future such census.
Section 2. (a) The present members of the board of education of Turner County and any successors filling vacancies created by such members prior to the expiration of their terms of office 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 Act.
(b) The two members of the board of education who were elected in 1982 for terms of four years shall continue as members of the board of education from the county at large for the remainder of their terms, expiring on December 31, 1986. There shall not be an election of successors for these two at-large members.
(c) (1) The members from Education Districts No. 1 and 3 shall be elected at the general election of 1984 and shall take office on January 1,1985, for terms of two years and until their successors are elected and qualified.
4870 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(2) The members from Education Districts No. 2, 4, and 5 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.
(3) Successors to the members elected pursuant to this subsection shall be elected at the general election immediately preceding the expiration of their respective terms of office and shall take office on the first day of January following their election for terms of four years and until their successors are elected and qualified.
(4) Each of the members shall have been a resident of his respective education district for at least 12 months prior to the date of taking office. In the event that any member ceases to be a resident of his respective education district during his term of office, a vacancy shall be created and shall be filled in the manner hereinafter provided. Each of the members shall be elected by the qualified voters of Turner County residing within his respective education district. 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. All members shall be nominated and elected in accordance with the provisions of Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended.
Section 3. On and after January 1, 1985, any vacancy which occurs on the board of education by death, resignation, removal from the education district, or for any other reason shall be filled by the remaining members of the board electing a successor from the district vacated to serve for the unexpired term. Persons elected to fill the vacancies as provided by this section shall be subject to the same qualifications as required of other regular elected members of the board of education.
Section 4. The board of education shall hold a regular meeting at 7:00 P.M. on the second Tuesday of every month, and it may hold
GEORGIA LAWS 1984 SESSION
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special meetings at any time that its duties may require. Four members of the board shall constitute a quorum for the transaction of all business which may come before them. A vote of three members shall be required for the board to act affirmatively or negatively on any matter; provided, however, that, from January 1,1985, through December 31,1986, the vote of four such members shall be required for such actions.
Section 5. At the first regular meeting in January, 1985, and at the first regular meeting each year thereafter, the board of education shall elect one of its number as chairman and one of its number as vice-chairman.
Section 6. 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 Turner County to issue the call for an election for the purpose of submitting this Act to the electors of the Turner 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 Turner County. The ballot shall have written or printed thereon the words:
"( ) YES ( ) NO
Shall the Act providing for the election of the members of the board of education of Turner County from education districts be approved?"
All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect; otherwise it shall be void and of no force and effect.
The expense of such election shall be borne by Turner 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.
4872 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 of the intention to introduce local legislation in the 1984 Session of the General Assembly of the State of Georgia, to provide for the election of the members of the Turner County Board of Education from individual districts, to provide for the number of said districts, to provide for the boundaries of such districts, to provide for the terms of office, to provide for the transition to the new district system, to provide for the election of said members, to provide for the selection of the Chairman of said Board of Education, and for other purposes.
This the 2nd day of February, 1984.
Board of Education of Turner County, Georgia
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Earleen Sizemore, who, on oath, deposes and says that she is Representative from the 136th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Wiregrass Farmer which is the official organ of Turner County, on the following date: February 2, 1984.
/&/ Earleen Sizemore Representative, 136th District
GEORGIA LAWS 1984 SESSION
Sworn to and subscribed before me, this 13th day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 28,1984.
4873
CITY OF KENNESAW -- CORPORATE LIMITS CHANGED.
No. 1085 (House Bill No. 1670).
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:
4874 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
PARCEL A
All that tract or parcel of land lying and being in Land Lot 128 of the 20th District, 2nd Section, Cobb County, Georgia, and being 9.57 acres and being more particularly described as follows:
BEGINNING at an iron pin at the northeast corner of Lot 12, Block D, Kencrest Subdivision, Unit 1, Section 1, Part II, running thence south 86 11' 02" west along the north lines of Lots 12,13, 16 and 17 of said block, unit, section and part of said subdivision 515.38 feet to an iron pin; running thence north 1 23' 55" west 825.94 feet to an iron pin on the north line of Land Lot 128 of the aforesaid district and section; running thence north 89 30' 24" east along the north line of said land lot 513.4 feet to an iron pin; running thence south 01 30' 46" east 796.10 feet to an iron pin, said iron pin being the point of beginning.
PARCEL B
All that tract or parcel of land lying and being in Land Lots 166, 167, 176 and 177 of the 20th District, 2nd Section, Cobb County, Georgia, shown on plat of survey by Clifton E. Phillips, dated October 4,1975, a copy of which is recorded in Plat Book 64, Page 130, Cobb County Records, being more particularly described as follows:
BEGINNING at an iron pin at the common corner between Land Lots 166, 167, 176 and 177 said corner being the southwest corner of Land Lot 167; and running thence east along the south land lot line of Land Lot 167, 583.8 feet to an iron pin; thence northeasterly at an interior angle of 79 with the south land lot line of Land Lot 167,101 feet to an iron pin; thence northeasterly at an interior angle of 166 25' with the course last above mentioned 185 feet to an iron pin; thence northeasterly at an interior angle of 172 50' with the course last above mentioned 144 feet to an iron pin; thence southeasterly at an interior angle of 86 32' with the course last above mentioned 331 feet to an iron pin at the northwesterly right of way of the W&A Railroad; thence southwesterly along the northwesterly right of way of the W&A Railroad and following the curvature thereof 540 feet to an iron pin; thence southwesterly 1,074.2 feet to an iron pin at the easterly right of way of Due West-Kennesaw Road; thence northerly and northeasterly along the easterly and southeasterly right of way of
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Due West-Kennesaw Road and following the curvature thereof 749.6 feet to an iron pin at the intersection of the southeasterly right of way of Due West-Kennesaw Road and the east original land lot line of Land Lot 166; thence south along said east original land lot line 200.6 feet to an iron pin and the point of beginning.
PARCEL C
All that tract or parcel of land lying and being in Land Lot 177 of the 20th District, 2nd Section, Cobb County, Georgia, being 12.14 acres as shown on a plat of survey made for Evan Schultz and Garry Prewett by John C. Gaskins, R.L.S., dated November 27, 1982 and recorded in Plat Book 81, Page 117, Cobb County Records, and being more particularly described as follows:
BEGINNING at the common intersection of Land Lots 177, 178, 203 and 204 of said District and Section; run thence north 0 48' 04" east, and along the west land lot line of Land Lot 177, said District and Section, 500.69 feet to an iron reinforcing bar, said point also being located at the intersection of the southernmost right of way of Stone Wood Drive (a 50 foot right of way) and the west land lot line of Land Lot 177; from said point run thence south 87 39' 32" east 1172.45 feet to an iron reinforcing bar; run thence south 24 55' 48" west, 361.52 feet to a tee bar; run thence south 01 24' 10" west 150.00 feet to a tee bar located on the south land lot line of Land Lot 177; run thence north 88 35' 50" west, 1022.72 feet to an iron reinforcing bar, and 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 1984 Session of the General Assembly of Georgia, a bill to amend the charter of the City of Kennesaw (Ga. L. 1960, p. 2506), as amended to create a new charter (Ga. L. 1971, p. 3620), as heretofore amended and for other purposes.
4876 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This 6th day of January, 1984.
Roy E. Barnes Haskew Brantley Joe L. Thompson Carl Harrison Joe Mack Wilson A. L. Burruss 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, Joe Mack Wilson, 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 date: January 13, 1984.
/s/ Joe Mack Wilson Representative, 20th District
Sworn to and subscribed before me, this 15th day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 28,1984.
GEORGIA LAWS 1984 SESSION
4877
TOWN OF NELSON -- ELECTION OF MAYOR AND COUNCILMEN.
No. 1086 (House Bill No. 1676).
AN ACT
To amend an Act incorporating the Town of Nelson, approved February 25,1949 (Ga. L. 1949, p. 1536), as amended, so as to provide for the election of the mayor and councilmen of the City of Nelson; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act incorporating the Town of Nelson, approved February 25,1949 (Ga. L. 1949, p. 1536), as amended, is amended by striking from Section 2 of said Act the following language:
"That the municipal government of said town shall be vested in the mayor and five councilmen, who are hereby constituted a body corporated under the name and style of the City of Nelson, and by that name and style shall have perpetual succession; shall be capable of contracting; buying and holding property, suing and being sued; shall have all the incidental rights conferred by law and all rights hereinafter conferred. On the first Saturday in December, 1958 and biennially thereafter, there shall be elected a mayor for said City of Nelson, to serve two years, commencing on the first day of January next after his election and until his successor is elected or appointed and qualified as hereinafter provided. On the first Saturday in December, 1958, there shall be held an election to elect five councilmen for said City of Nelson. The two candidates receiving the highest number of votes in said election shall serve for a term of two years, commencing on the first day of January, 1959, and until their successors are elected and qualified. The three candidates receiving
4878 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
the next highest number of votes shall serve for a term of one year, commencing on the first day of January, 1959, and until their successors are elected and qualified. Thereafter on the first Saturday in December in each year an election shall be held to elect successors to the councilmen whose terms expire on December 31, following the election, and councilmen so elected shall serve for a term of two years commencing on the first day of January next after their election and until their successors are elected, or appointed and qualified, as herein provided.",
and inserting in lieu thereof the following language:
"The municipal government of the City of Nelson shall consist of a mayor and five councilmen. Such shall be constituted a body corporate under the name and style of the City of Nelson, by that name and style shall have perpetual succession, shall be capable of contracting, shall be capable of buying and holding property, shall be capable of suing and being sued, and shall have all incidental rights conferred by law and all rights conferred by this charter. All municipal elections shall be held on the first Saturday in December of each year, and individuals elected at such elections shall take office on the first day of January next following such elections and shall serve for terms of office of two years and until their successors are elected and qualified. Each candidate for councilman shall designate the incumbent's seat for which such candidate seeks election. The mayor and each councilman shall be elected by a majority of the voters of the Town of Nelson voting in the election, and all elections shall, except as provided in this section, be conducted in accordance with Chapter 3 of Title 21 of the O.C.G.A., the `Municipal Election Code.' The mayor and three councilmen who were elected in December, 1982, shall continue to serve until December 31, 1984, and until their successors are elected and qualified. The two councilmen who were elected in December, 1983, shall continue to serve until December 31, 1985, and until their successors are elected and qualified. At the municipal election held in December, 1984, the mayor and the two members of the council elected to fill the seats currently held by Mrs. Frances Carney and Mrs. Ethel Atherton shall be elected for terms of two years and until their successors are elected and qualified, and the member of the council elected to fill the seat currently held by Mr. Doyle Cochran shall be elected for an initial term of one year and until his successor is elected and qualified. Successors to the mayor and councilmen elected in December, 1984, shall serve for terms of two years and until successors are elected and qualified. At the municipal
GEORGIA LAWS 1984 SESSION
4879
election held in December, 1985, the two members of the council elected to fill the seats currently held by Mr. Truman Thacker and Mr. James Hampton and the one member of the council elected to nil the seat of the councilman elected to a one-year term in 1984 shall be elected for terms of two years and until their successors are elected and qualified. Successors to the councilmen elected in December, 1985, shall serve for terms of office of two years and until their successors are elected and qualified."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Notice of Intent to Introduce Local Legislation.
This is to serve as the public notice required under State Law when changes in a city charter are proposed. It is proposed that the General Assembly of Georgia act to correct defects in the Charter Amendments of 1958 for the City of Nelson. There shall be no substantive changes, but said act shall be only to correct procedural defects in said Charter Amendments. The proposed legislation will also likely call for a special election to secure the compliance of all terms of the Mayor and Council with the corrected Charter. No new powers will be granted the City.
Wendell Anderson Representative, 8th District, Post 1
Bill Hasty, Sr. Representative, 8th District, Post 2
4880 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. G. Hasty, 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 date: February 9,1984.
/s/ W. G. Hasty, Sr. Representative, 8th District
Sworn to and subscribed before me, this 15th day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Notice of Intent to Introduce Local Legislation.
This is to serve as the public notice required under State Law when changes in a city charter are proposed. It is proposed that the General Assembly of Georgia act to correct defects in the Charter Amendments of 1958 for the City of Nelson. There shall be no substantive changes, but said act shall be only to correct procedural defects in said Charter Amendments. The proposed legislation will also likely call for a special election to secure the compliance of all terms of the Mayor and Council with the corrected Charter. No new powers will be granted the City.
GEORGIA LAWS 1984 SESSION
4881
Wendell Anderson Representative, 8th District, Post 1
Bill Hasty, Sr. Representative, 8th District, Post 2
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 date: February 1, 1984.
/s/ William G. Hasty, Sr. Representative, 8th District
Sworn to and subscribed before me, this 15th day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 28,1984.
4882 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CORONER OF TROUP COUNTY -- SALARY.
No. 1087 (House Bill No. 850).
AN ACT
To amend an Act to change the compensation of the coroner of Troup County, approved March 31, 1967 (Ga. L. 1967, p. 2348), as amended, particularly by an Act approved April 12, 1982 (Ga. L. 1982, p. 4348), so as to change the salary of the coroner; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act to change the compensation of the coroner of Troup County, approved March 31, 1967 (Ga. L. 1967, p. 2348), as amended, particularly by an Act approved April 12, 1982 (Ga. L. 1982, p. 4348), is amended by striking from Section 1 thereof the following:
"$2,302.00",
and substituting in lieu thereof the following:
"$2,417.00",
so that when so amended Section 1 shall read as follows:
"Section 1. The Coroner of Troup County shall be compensated by salary as hereinafter set out. The coroner shall receive a salary of $2,417.00 per annum out of the county treasury payable biweekly. Said salary shall be in lieu of the fees allowed said coroner by law for holding inquests or any other salary provisions heretofore enacted into law, and all of said fees shall hereinafter be paid into the county treasury."
Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
GEORGIA LAWS 1984 SESSION
4883
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 to change the compensation of the coroner of Troup County, approved March 31,1967 (Ga. L. 1967, p. 2348), as amended, so as to change the salary of the coroner; and for other purposes.
This 1 day of February, 1983.
V. Hawley Smith, Chairman Troup County Board of Commissioners
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ed Mullinax, who, on oath, deposes and says that he is Representative from the 81st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the LaGrange Daily News which is the official organ of Troup County, on the following dates: February 11, 18 and 21, 1983.
/s/ Ed Mullinax Representative, 81st 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 28,1984.
4884 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CITY OF CONYERS -- HOMESTEAD EXEMPTION FOR PERSONS 62 AND OVER -- REFERENDUM.
No. 1088 (House Bill No. 851).
AN ACT
To provide a homestead exemption from all ad valorem taxation by the City of Conyers for residents who are 62 years of age or over or who are totally disabled; to provide conditions for claiming such exemptions; to provide procedures for claiming such exemption; to provide for applicability; to provide that such homestead exemption shall be in lieu of a previous homestead exemption; to provide a referendum; to provide for other matters relaitive to the foregoing; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. (a) Each resident of the City of Conyers who is 62 years of age or over and who does not have an adjusted gross income, including the adjusted gross income of all members of the family living in the home of said resident, exceeding $8,000.00 per annum and each resident of the City of Conyers who is totally disabled and who does not have an adjusted gross income, including the adjusted gross income of all members of the family living in the home of said resident, exceeding $8,000.00 per annum is granted an exemption of $2,000.00 on his homestead from all ad valorem taxation by the City of Conyers as long as any such resident actually occupies said homestead as a resident. For the purposes of this section, the term "adjusted gross income" shall have the same meaning as that term is defined in the Internal Revenue Code of 1954, as now or hereafter amended, except that adjusted gross income shall not include income or benefits which are received as retirement, survivor, or disability benefits under the federal Social Security Act or under any other public or private retirement, disability, or pension system.
GEORGIA LAWS 1984 SESSION
4885
(b) There shall be no more than one $2,000.00 exemption per homestead. The value of the homestead in excess of the exempted amount in subsection (a) shall remain subject to ad valorem taxation by the City of Conyers.
(c) Any such resident shall not receive the benefits of such homestead exemption unless he files an affidavit with the governing authority of the City of Conyers, or with a person designated by the governing authority of the City of Conyers, giving his age and the amount of income which he receives and the income which members of his family living in his home receive and such additional information relative to receiving the benefits of such exemption as will enable the governing authority of the City of Conyers, or the person designated by the governing authority of the City of Conyers, to make a determination as to whether such owner is entitled to such exemption. The governing authority of the City of Conyers, or the person designated by the said governing authority, shall provide affidavit forms for this purpose. The exemption provided for herein shall apply to all taxable years beginning after December 31,1984.
Section 2. The homestead exemption granted by this Act shall be in lieu of and shall supersede the homestead exemption granted by Constitutional Amendment Number 58, Res. Act 195, HR 704-1460, Ga. L. 1970, p. 1047, duly ratified at the 1970 general election and proclaimed by the Governor to be part of the Constitution of 1945.
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 Conyers to issue the call for an election for the purpose of submitting this Act to the electors of the City of Conyers for approval or rejection. The superintendent shall set the date of such election for a day not less than 30 nor more than 40 days after the date of the issuance of the call. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of the City of Conyers. The ballot shall have written or printed thereon the words:
"( ) YES ( ) NO
Shall the Act providing a homestead exemption of $2,000.00 from all ad valorem taxation by the City of Conyers for each resident of the City of Conyers who is 62 years of age or over
4886 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
or totally disabled if his adjusted gross income, including the adjusted gross income of any family members living in the home of the resident, does not exceed $8,000.00 per annum, exclusive of certain retirement, survivor, disability, or pension benefits 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 Conyers. 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.
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 ad valorem tax exemption for the homesteads of residents of the City of Conyers who are 62 years of age or older or who are totally disabled; to provide a referendum; to provide for other matters relative to the foregoing; and for other purposes.
This 3rd day of February, 1983.
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Troy A. Athon, who, on oath, deposes and says that he is Representative from the 57th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Rockdale Citizen which is the official organ of Rockdale County, on the following dates: February 8,15,22,1983.
GEORGIA LAWS 1984 SESSION
/s/ Troy A. Athon Representative, 57th District
Sworn to and subscribed before me, this 28th day of February, 1983.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 28,1984.
4887
TOWN OF MAXEYS -- NEW CHARTER.
No. 1089 (House Bill No. 1406).
AN ACT
To amend an Act incorporating the Town of Maxeys, approved August 22,1907 (Ga. L. 1907, p. 792), as amended by an Act approved April 12, 1982 (Ga. L. 1982, p. 4042), so as to substantially revise, change, update, and amend that Act, so as to recreate and reincorporate the City of Maxeys and provide for its boundaries and powers; to provide for executive, legislative, and judicial branches thereof; to provide for administrative affairs; to provide for elections and removal; to provide for financial affairs; to provide general provisions and authority; to provide for penalties; to provide for severability; to provide for specific and general repeal of certain laws; to provide for effective dates; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
4888 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 1. An Act incorporating the Town of Maxeys, approved August 22,1907 (Ga. L. 1907, p. 792), as amended by an Act approved April 12, 1982 (Ga. L. 1982, p. 4042), is amended by redesignating Section 39 thereof as Section 7.19 and striking Sections 1 through 38 thereof and inserting in their place the following:
"ARTICLE I CREATION, INCORPORATION, POWERS
Section 1.10. Name. This city and the inhabitants thereof are constituted and declared a body politic and corporate under the name and style of Maxeys, Georgia, and by that name shall have perpetual succession.
Sectionl.il. Corporate boundaries, (a) Existing boundaries. The boundaries of this city shall be those existing on July 1, 1984, with such alterations as may be made from time to time in the manner provided by general state law. The boundaries of this city at all times shall be shown on a map, a written description or any combination thereof, to be retained permanently in the office of city council and to be designated, as the case may be: `Official Map (or Description) of the Corporate Limits of the City of Maxeys, Georgia.' Photographic, typed, or other copies of such map or description certified by the city clerk shall be admitted as evidence in all courts and shall have the same force and effect as with the original map or description.
(b) Redrawn maps. The city council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the earlier map or maps which it is designated to replace.
Section 1.12. Powers and construction, (a) General powers. 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) 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 powers shall not be construed as limiting in any way the powers of this city.
GEORGIA LAWS 1984 SESSION
4889
Section 1.13. Examples of powers. The corporate powers of this city may include but are not limited to the following:
(1) Property taxes. To levy and to provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation;
(2) Other taxes. To levy and collect such other taxes as may be allowed now or in the future by state law;
(3) Business regulation and taxation. To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades, and professions; to license and regulate the same; to provide for the manner and method of payment of such licenses and taxes; and to revoke such licenses after due process for failure to pay any city taxes or fees;
(4) Appropriations and expenditures. To make appropriations for the support of the government of the city, to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia, and to provide for the payment of expenses of the city;
(5) Municipal debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia;
(6) Municipal property ownership. To acquire, dispose of, and hold in trust or otherwise, any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city;
(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., or under other applicable laws as are or may be enacted;
4890 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(9) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including but not limited to a system of waterworks, sewers and drains, sewage disposal, gas works, electric light plants, transportation facilities, public airports, and any other public utility; to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties and withdrawal of service for refusal or failure to pay same and the manner in which such remedies shall be enforced;
(10) Public utilities and services. To grant franchises or make contracts for public utilities and public service; to prescribe the rates, fares, regulations, and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations by the Public Service Commission;
(11) Roadways. To lay out, open, extend, widen, narrow, establish, or change the grade of, abandon, or close, construct, pave, curb, gutter, adorn with shade trees, otherwise improve, maintain, repair, clean, prevent erosion of, and light roads, alleys, and walkways within the corporate limits of the city; and to grant franchises and rights of way throughout the streets and roads and over the bridges and viaducts for the use of public utilities;
(12) Public improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal and medical institutions, agencies, and facilities; and any other public improvements, inside or outside the corporate limits of the city; and to regulate the use thereof, and for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A., or other applicable laws, as are or may be enacted;
(13) Sidewalk maintenance. To require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands; and to enact ordinances establishing the terms and conditions under which such repairs and maintenance shall be effected, including the penalties to be imposed for failure to do so;
GEORGIA LAWS 1984 SESSION
4891
(14) Building regulation. To regulate the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air conditioning codes and to regulate all housing, building, and building trades; to license the construction and erection of buildings and all other structures;
(15) Planning and zoning. To provide such comprehensive city planning for development by zoning; subdivision regulation and the like as the city council deems necessary and reasonable to ensure 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 intoxicating liquors; the use and sale of firearms; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials; the use of lighting and hearing equipment; and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant trades, theatrical performances, exhibitions, shows of any kind whatever, by taxation or otherwise; to license, tax, regulate, or prohibit professional fortunetelling, palmistry, adult bookstores, and massage parlors;
(18) Regulation of roadside areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights-of-way of streets and roads or within view thereof, within or abutting the corporate limits of the city and to prescribe penalties and punishment for violation of such ordinances;
(19) Health and sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards;
(20) Air and water pollution. To regulate the emission of smoke or other exhaust which pollutes the air and to prevent the pollution of natural streams which flow within the corporate limits of the city;
4892 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(21) Fire regulations. To fix and establish fire limits and from time to time to extend, enlarge, or restrict same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to fire fighting, and to prescribe penalties and punishment for violation thereof;
(22) Public hazards; removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public;
(23) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and to provide for the sale of such items;
(24) Garbage fees. To levy, fix, assess, and collect from all individuals, firms, and corporations residing in or doing business therein and benefiting from such services 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; to enforce the payment of such charges, taxes, or fees, and to provide for the manner and method of collecting such service charges;
(25) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system, and to levy on the users of sewers and the sewerage system a sewer service charge fee or sewer tax for the use of the sewers; and to provide for the manner and method of collecting such service charge fee and for enforcing payment of same; to charge, impose, and collect a sewer connection fee or fees, and to charge the same from time to time; such fees to be levied on the users connecting with the sewerage system;
(26) Nuisance. To define a nuisance and provide for its abatement whether on public or private property;
(27) Municipal property protection. To provide for the preservation and protection of property and equipment of the city and the administration and use of same by the public, and to prescribe penalties and punishment for violations thereof;
GEORGIA LAWS 1984 SESSION
4893
(28) Jail sentences. To provide that persons given jail sentences in the city's court shall work out such sentence in any public works or on the streets, roads, drains, and squares in the city; or to provide for commitment of such persons to any county work camp or jail by agreement with the appropriate county officials;
(29) Animal regulations. To regulate and license, or prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same, if in violation of any ordinance or lawful order; also to provide for their disposition by sale, gift, or humane destruction, when not redeemed as provided by ordinance; to provide punishment for violation of ordinance enacted hereunder;
(30) Motor vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking, upon or across the streets, roads, alleys and walkways of the city;
(31) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate and rent parking spaces in public ways for the use of such vehicles;
(32) Pensions. To provide and maintain a system of pensions and retirement for officers and employees of the city;
(33) Special assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements;
(34) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations providing for services to be made therefor;
(35) City agencies and delegation of power. To create, alter, or abolish 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;
4894 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(36) Penalties. To provide penalties for violations of any ordinance adopted pursuant to the authority of this charter and the laws of the State of Georgia;
(37) Police and fire protection. To exercise the power of arrest through duly appointed policemen and to organize and operate a fire-fighting agency;
(38) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists inside or outside 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 and operate such public transportation systems as are deemed beneficial;
(41) General health, safety, and welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city and to provide for the enforcement of such standards;
(42) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; and to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia. No listing of particular powers in this charter shall be held to be exclusive of others nor restrictive of general words and phrases granting powers but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia.
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Section 1.14. Exercise of powers. All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or employees shall be carried into execution as provided by this charter. If this charter makes no provision such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia.
ARTICLE II GOVERNMENT STRUCTURE
Section 2.10. City council creation; composition; number; election. The legislative authority of the government of this city, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and five council members. The mayor and council members shall be elected in the manner provided by Article V of this charter.
Section 2.11. City council terms and qualification for office. The mayor and council members 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 immediately prior to the date of the election of mayor or members of the city council, respectively; each shall continue to reside therein during his period of service; and shall be registered and qualified to vote in municipal elections of this city.
Section 2.12. Vacancy; filling of vacancies, (a) Vacancies. The office of mayor or council member shall become vacant upon the incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized by this charter or the general laws of the State of Georgia.
(b) Filling of vacancies. A vacancy in the office of mayor or council member shall be filled for the remainder of the unexpired term, if any, as provided for in Article V.
Section 2.13. Compensation and expenses. The mayor and council members shall receive compensation for their services in an amount set by ordinance. The mayor and council members shall be entitled to receive their actual and necessary expenses incurred in the performance of their duties of office.
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Section 2.14. Mayor pro tem. The city council shall elect by majority vote from among its members a mayor pro tem who shall assume the duties and powers of the mayor upon declaration by the city council of the mayor's disability or absence.
Section 2.15. Prohibitions, (a) Conflict of interest. No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly:
(1) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of his official duties or which would tend to impair his independence of judgment or action in the performance of his official duties;
(2) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of his official duties or would tend to impair the independence of his judgment or action in the performance of his official duties;
(3) Disclose confidential information concerning the property, government, or affairs of the governmental body by which he is engaged without proper legal authorization, or use such information to advance the financial or other private interest of himself or others;
(4) Accept any valuable gift, whether in the form of service, loan, thing, or promise, from any person, firm, or corporation which to his knowledge is interested, directly or indirectly, in any manner whatsoever in business dealings with the governmental body by which he is engaged; provided, 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 proceeding against this city or any portion of its government; or
(6) Vote or otherwise participate in the negotiation or the making of any contract with any business entity in which he has a financial interest.
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(b) Disclosure. Any elected official, appointed officer, or employee who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within any department of the city shall disclose such private interest to the city council. The mayor or any council member who has a private interest in any matter pending before the city council shall disclose such private interest and such disclosure shall be entered on the records of the city council and he shall disqualify himself from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any agency or political entity to which this charter applies who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within such entity shall disclose such private interest to the governing body of such agency or entity.
(c) Use of public property. No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such government for personal benefit, convenience, or profit except in accordance with policies promulgated by the city council or the governing body of such agency or entity.
(d) Contracts voidable and rescindable. Any violation of this section which occurs with the knowledge, express or implied, of another party to a contract or sale shall render said contract or sale voidable as to that party, at the option of the city council.
(e) Ineligibility of elected officials. Except where authorized by general law or this charter, neither the mayor nor any council member shall hold any other elective or compensated appointive office in the city or otherwise be employed by said government or any agency thereof during the term for which he was elected. No former mayor and no former council member shall hold any compensated appointive office in the city until one year after the expiration of the term for which he was elected.
(f) Political activities of certain officers and employees. No appointive officer and no employee of the city shall continue in such employment upon qualifying as a candidate for nomination or election to any public office.
(g) Penalties for violation. (1) Any city officer or employee who knowingly conceals such financial interest or knowingly
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violates any of the requirements of this section shall be guilty of malfeasance in office or position and shall be deemed to have forfeited his office or position.
(2) Any officer or employee of the city who shall forfeit his office or position as described in paragraph (1) of this subsection shall be ineligible for appointment or election to or employment in a position in the city government for a period of three years thereafter.
Section 2.16. Inquiries and investigations. The city council may make inquiries and investigations into the affairs of the city and the conduct of any department, office, or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey 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 of this charter.
Section 2.18. Organization meeting. The city council shall meet for organization on the first day of January immediately following the election of the mayor and council members. The meeting shall be called to order by the city clerk, and the oath of office shall be administered to the newly elected members as follows:
`I do solemnly swear (or affirm) that I will faithfully perform the duties of (mayor or council member as the case may be) of this city and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America.'
Section 2.19. Regular and special meetings, (a) Regular meetings. The city council shall hold regular meetings at such times and places as prescribed by ordinance.
(b) Special meetings. Special meetings of the city council may be held on call of the mayor or two members of the city council. Notice of such special meetings shall be served on all other members personally, or by telephone personally, at least 48 hours in advance of
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the meeting. Such notice to council members shall not be required if the mayor and all council members are present when the special meeting is called. Such notice of any special meeting may be waived by a council member in writing before or after such a meeting, and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such council member's presence. Only the business stated in the call may be transacted at the special meeting.
(c) Public meetings. All meetings of the city council shall be public to the extent required by general state law and notice to the public of special meetings shall be made fully as is reasonably possible five days prior to such meetings.
Section 2.20. Rules of procedure. The city council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping a journal of its proceedings, which shall be a public record.
Section 2.21. Quorum; voting. Four members of the city council shall constitute a quorum and shall be authorized to transact business of the city council. Voting on the adoption of ordinances shall be taken by voice vote and the ayes and nays shall be recorded in the journal, but the mayor or any member of the city council shall have the right to request a roll-call vote. The affirmative vote of four members of the city council shall be required for the adoption of any ordinance, resolution, or motion except as otherwise provided in this charter.
Section 2.22. Ordinance form; procedure, (a) Form. Every proposed ordinance shall be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be `The Council of the City of Maxeys hereby ordains...' and every ordinance shall so begin.
(b) Procedures. An ordinance may be introduced by the mayor or any council member and read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish; provided, however, an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided in Section 2.24. Upon introduction of any ordinance, the clerk shall as soon as possible distribute a copy to the mayor and to each council
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member and shall file a reasonable number of copies in the office of the clerk and at such other public places as the city council may designate.
Section 2.23. Action requiring an ordinance. In addition to other acts required by general state law or by specific provisions of this charter to be done by ordinance, acts of the city council which have the force and effect of law shall be done by ordinance.
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 two council members and promptly adopt an emergency ordinance, but such ordinance may not levy taxes, grant, renew, or extend a franchise, regulate the rate charged by any public utility for its services, or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it is introduced, but the affirmative vote of at least three council members shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. Any emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances.
Section 2.25. Code of technical regulations, (a) Adoption. The city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that:
(1) The requirements of subsection (b) of Section 2.22 for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and
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(2) A copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the clerk pursuant to Section 2.26.
(b) Copies. 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) Signing. The clerk shall authenticate by his signature and record in full in a properly indexed book kept for the purpose all ordinances adopted by the council.
(b) Codification. The city council shall provide for the preparation of a general codification of all of the ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published promptly together with all amendments thereto and such codes of technical regulations and other rules and regulations as the city council may specify. This compilation shall be known and cited officially as `The Code of the City of Maxeys, Georgia.' Copies of the code shall be furnished to all officers, departments, and agencies of the city, and shall be made available for purchase by the public at a reasonable price as fixed by the city council.
(c) Publication. The city council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the city council. Following publication of the first code under this charter, and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for incorporation therein. The city council shall make such further arrangements as deemed desirable with respect to reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code.
Section 2.27. Powers and duties of the mayor. The mayor shall:
(1) Preside at all meetings of the city council and be the official hand of the city for service of process and ceremonial purposes;
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(2) Be the official head and spokesman for the city for service of process and ceremonial purposes;
(3) Sign as a matter of course all written contracts, ordinances, and other instruments executed by the city which by law are required to be in writing;
(4) Vote on matters before the city council and be counted toward a quorum as any other council member;
(5) Prepare and submit to the city council a recommended capital budget; and
(6) Fulfill such other executive and administrative duties as city council shall by ordinance establish.
ARTICLE III ADMINISTRATIVE AFFAIRS
Section 3.10. Administrative and service departments, (a) Organization. Except as otherwise provided in this charter, the city council by ordinance shall prescribe the functions or duties and establish, abolish, or alter all nonelective offices, positions of employment, departments and agencies of the city, as necessary for the proper administration of the affairs and government of this city.
(b) Directors. Except as otherwise provided by this charter or general state law, the directors of departments and other appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications.
(c) Compensation. All appointive officers and directors of departments shall receive such compensation as prescribed by ordinance.
Section 3.11. Board; commissions and authorities. (a) Creation. The city council shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function the city council deems necessary and shall by ordinance establish the composition, period of existence, duties, and powers thereof.
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(b) Appointment. 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) Compensation. The city council by ordinance may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority.
(d) Ineligibility. No member of any board, commission, or authority shall hold any elective office in the city.
(e) Vacancy. Any vacancy on a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed herein for original appointment, except as otherwise provided by this charter or general state law.
(f) Oath. No member of a board, commission, or authority shall assume office until he has executed and filed with the clerk of the city an oath obligating himself to perform faithfully and impartially the duties of his office, such oath to be prescribed by ordinance and administered by the mayor.
(g) Removal. Any member of a board, commission, or authority may be removed from office for cause by a vote of four members of the city council.
(h) Organization. Except as otherwise provided by this charter or by general state law, each board, commission, or authority of the city shall elect one of its members as chairman and one member as vice-chairman and may elect as its secretary one of its own members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations not inconsistent with this charter, ordinances of the city, or general state law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs, copies of which shall be filed with the clerk of the city.
Section 3.12. City attorney. The city council may appoint a city attorney, together with such assistant city attorneys as may be authorized, and shall provide for the payment of such attorney or attorneys for services rendered to the city. The city attorney shall be
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responsible for representing and defending the city in all litigation in which the city is a party; may be the prosecuting officer in the municipal court; shall attend the meetings of the council as directed; shall advise the city council, mayor, and other officers and employees of the city concerning legal aspects of the city's affairs; and shall perform such other duties as may be required of him by virtue of his position as city attorney.
Section 3.13. City clerk. The city council shall appoint a city clerk who may be a council member. The city clerk shall be custodian of the official city seal, maintain city council records required by this charter, and perform such other duties as may be required by the city council.
Section 3.14. Tax collector. The city council may appoint a tax collector to collect all taxes, licenses, fees, and other moneys belonging to the city subject to the provisions of this charter and the ordinances of the city, and the tax collector shall diligently comply with and enforce all general laws of Georgia relating to the collection, sale, or foreclosure of taxes by municipalities.
Section 3.15. City accountant. The city council may appoint a city accountant to perform the duties of an accountant.
Section 3.16. Position classification and pay plans. The city council shall be responsible for the preparation of a position classification and pay plan which shall be submitted to the city council for approval. Said plans may apply to all employees of the city and any of its agencies, departments, boards, commissions, or authorities. When a pay plan has been adopted, the city council shall not increase or decrease the salary of individual employees except by amendment of said pay plan. For purposes of this section, all elected and appointed city officials are not city employees.
S ection 3.17. Personnel policies. The city council shall adopt rules and regulations consistent with this charter concerning:
(1) The method of employee selection and probationary periods of employment;
(2) The administration of the position classification and pay plan, methods of promotion and application of service ratings thereto, and transfer of employees within the classification plan;
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(3) Hours of work, vacation, sick leave, and other leaves of absence, overtime pay, and the order and manner in which layoff shall be effected;
(4) Such dismissal hearings as due process may require; and
(5) Such other personnel policies as may be necessary to provide for adequate and systematic handling of personnel affairs.
ARTICLE IV JUDICIAL BRANCH
Section 4.10. Creation; name. There shall be a court to be known as the Municipal Court of the City of Maxeys.
Section 4.11. Chief judge; associate judge, (a) Chief judge. The municipal court shall be presided over by a chief judge and such part-time, full-time, or stand-by associate judges as shall be provided by ordinance.
(b) Qualifications. No person shall be qualified or eligible to serve as a judge on the municipal court unless he shall have attained the age of 21 years and shall be a member of the State Bar of Georgia. All judges shall be appointed by the city council.
(c) Compensation. Compensation of the judges shall be fixed by ordinance.
(d) Removal. Judges may be removed for cause by a vote of four members of the city council.
(e) Oath. Before entering on duties of his office, each judge shall take an oath given by the mayor that he will honestly and faithfully discharge the duties of his office to the best of his ability without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council journal required in Section 2.20.
Section 4.12. Convening. The municipal court shall be convened at regular intervals as designated by ordinance or as provided by ordinance.
Section 4.13. Jurisdiction; powers, (a) Jurisdiction. The municipal court shall try and punish violations of all city ordinances.
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(b) Contempt. The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $100.00 or ten days in jail.
(c) Punishment. The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $100.00 or imprisonment for ten days or both, or to sentence any offender upon conviction to labor in a city work gang or on the streets, sidewalks, squares, or other public works for a period not exceeding 20 days.
(d) Fees. 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) Bail. The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before said court, and shall have discretionary authority to accept cash or personal or real property as surety for the appearance of persons charged with violations. Whenever any person shall give bail for his appearance and shall fail to appear at the time fixed for trial, his bond shall be forfeited by the judge presiding at such time, and an execution issued thereon by serving the defendant and his sureties with a rule nisi, at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond 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) Commitments. The municipal court shall have the authority to bind prisoners over to the appropriate court when it appears by probable cause that a state law has been violated.
(g) Production of evidence. The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary.
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(h) Subpoena power. The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summons, subpoena, and warrants which may be served as executed by any officer as authorized by this charter or by general state law.
(i) General jurisdiction. The municipal court is specifically vested with all of the jurisdiction and powers throughout the entire area of this city granted by general state laws to mayor's, recorder's, and police courts, and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations.
Section 4.14. Appeal. Review of judgments of the municipal court shall be by certiorari to the Superior Court of Oglethorpe County pursuant to Chapter 4 of Title 5 of the O.C.G.A., relating to certiorari to superior court.
Section 4.15. Rules for court. With the approval of the city council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, however, that the city council may adopt in part or in toto the rules and regulations for procedure in the superior court under the general laws of the State of Georgia. The rules and regulations made or adopted shall be filed with the city clerk, shall be available for public inspection, and, upon request, a copy shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings.
ARTICLE V ELECTIONS AND REMOVAL
Section 5.10. Applicability of general law. All primaries and 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.
Section 5.11. Regular elections; time for holding. On the first Monday in October, 1984, and on that day every two years thereafter, there shall be an election for the mayor and the members of the city council. The terms of office shall begin on the first day of January immediately following that election at the time of taking the oath of office as provided in Section 2.18 of this charter.
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Section 5.12. Special election; vacancies. In the event that the office of mayor or council member shall become vacant for any cause whatsoever, the city council or those remaining shall order a special election to fill the balance of the unexpired term of such office; provided, however, if such vacancy occurs within six months of the expiration of the term of that office, the city council or those remaining shall appoint a successor for the remainder of the term. In all other respects, the special election shall be held and conducted in accordance with Chapter 3 of Title 21 of the O.C.G.A.
Section 5.13. Other provisions. Except as otherwise provided by this charter, the city council shall by ordinance prescribe such rules and regulations it deems appropriate to fulfill any options and duties under Chapter 3 of Title 21 of the O.C.G.A.
S ection 5.14. Nonpartisan elections. Political parties shall not conduct primaries for city offices and all names of candidates for city offices shall be listed without party labels.
Section 5.15. At-large elections by plurality. The mayor and each council member shall be elected at large by the voters of the entire city. The five council member seats shall be designated as Post 1, Post 2, Post 3, Post 4, and Post 5, and a candidate for election as council member shall designate the post for which such person offers. The person receiving a plurality of the votes cast for mayor or a council member post shall be the person elected to that respective office.
Section 5.16. Grounds for removal. The mayor, council members, or others provided for in this charter shall be removed from office for any one or more of the following causes:
(1) Incompetence, misfeasance, or malfeasance in office;
(2) Conviction of a crime involving moral turpitude;
(3) Failure at any time to possess any of the qualifications of office as provided by this charter or by law;
(4) Knowingly violate any express prohibition of this charter;
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(5) Abandonment of office or neglect to perform the duties thereof; or
(6) Failure for any other cause to perform the duties of office as required by this charter or by state law.
Section 5.17. Procedure for removal. Removal of an abovedescribed officer may be accomplished by one of the following methods:
(1) By the vote of four of the members of the city council after an investigative hearing. In the event an elected officer is sought to be removed by the action of the city council, such officer shall be entitled to a written notice specifying the ground for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. Any elected officer sought to be removed from office as herein provided shall have the right of appeal from the decision of the city council to the Superior Court of Oglethorpe 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 Oglethorpe County as provided by state law.
ARTICLE VI FINANCE
Section 6.10. Property tax. The city council may assess, levy, and collect an ad valorem tax on all real and personal property within the corporate limits of the city that is subject to such taxation by the state and county. This tax is for the purpose of raising revenues to defray the costs of operating the city government; providing governmental services; for the repayment of principal and interest on general obligations; and for any other public purpose as determined by the city council in its discretion.
Section 6.11. Millage rate; due dates; payment methods. The city council by ordinance shall establish a millage rate for the city property tax, a due date, and in what length of time these taxes must be paid. The city council by ordinance may provide for the payment of these taxes by installments or in one lump sum, as well as to authorize the voluntary payment of taxes prior to the time when due.
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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 corporations who transact business in this city or who practice or offer to practice any profession or calling therein to obtain a license or permit for such activity from the city and pay a reasonable fee for such license or permit where such activities are not now regulated by general state law in such a way as to preclude city regulation. Such fees may reflect the total cost to the city of regulating the activity and if unpaid shall be collected as provided in Section 6.18. The city council by ordinance may establish reasonable requirements for obtaining or keeping such licenses as the public health, safety, and welfare necessitate.
Section 6.14. Franchises. The city council shall have the power to grant franchises for the use of this city's streets and alleys for the purpose of railroads, street railways, telephone companies, electric companies, cable television, gas companies, transportation companies, and other similar organizations. The city council shall determine the duration, provisions, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, no franchise shall be granted for a period in excess of 35 years and no franchise shall be granted unless the city receives just and adequate compensation therefor. The city council shall provide for the registration of all franchises with the city clerk in a registration book to be kept by him. The city council may provide by ordinance for the registration within a reasonable time of all franchises previously granted.
Section 6.15. Service charges. The city council by ordinance shall have the power to assess and collect fees, charges, and tolls for sewer, sanitary, health services, or any other services rendered inside and outside the corporate limits of the city for the total cost to the city
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of providing such services. If unpaid, such charges shall be collected as provided in Section 6.18.
Section 6.16. Special assessments. The city council by ordinance shall have the power to assess and collect the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners under such terms and conditions as are reasonable. If unpaid, such charges shall be collected as provided in Section 6.18.
Section 6.17. Construction; other taxes. This city shall be empowered to levy any other tax allowed now or hereafter by state law and the specific mention of any right, power, or authority in this article shall not be construed as limiting in any way the general powers of this city to govern its local affairs.
Section 6.18. Collection of delinquent taxes and fees. The city council by ordinance may provide generally for the collection of delinquent taxes, fees, or other revenue due the city under Sections 6.10 through 6.17 by whatever reasonable means as are not precluded by general state law. 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 notes. The city must obtain and repay any short-term loans between January 1 and December 31 of each year or as is otherwise provided by present or future state law.
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Section 6.22. Fiscal year. The city council shall set the fiscal year by ordinance as provided in Chapter 81 of Title 36 of the O.C.G.A., relating to budgets and audits of local governments.
Section 6.23. Preparation of budgets. The city council shall provide for a budget as provided in Chapter 81 of Title 36 of the O.C.G.A., relating to budgets and audits of local governments.
Section 6.24. Contracting procedures. No contract with the city shall be binding on the city unless:
(1) It is in writing;
(2) It is drawn by or submitted and reviewed by the city attorney and as a matter of course is signed by him to indicate such drafting or review; and
(3) It is made or authorized by the city council and such approval is entered in the city council journal of minutes as required under Section 2.20.
Section 6.25. Centralized purchasing. The city council shall by ordinance prescribe procedures for a system of centralized purchasing for the city.
Section 6.26. Sale of city property, (a) Sale. The city council may sell and convey any real or personal property owned or held by the city for governmental or other purposes as provided by general state law as now or later amended.
(b) Quitclaim. 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) Conveyance. 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
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of way of said street, avenue, alley, or public place or in settlement of any alleged damages sustained by said abutting or adjoining property owner. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made.
ARTICLE VII GENERAL PROVISIONS
Section 7.10. Eminent domain. The city council is hereby empowered to acquire, construct, operate, and maintain public ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, airports, hospitals, and charitable, educational, recreational, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities, and any other public improvements inside or outside the city, and to regulate the use thereof, and for such purposes, property may be taken under 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 this city, both elective and appointive, shall execute such official bonds in such amounts and upon such terms and conditions as the city council shall from time to time require by ordinance or as may be provided by state law.
Section 7.12. Prior ordinances. All ordinances, bylaws, rules, and regulations now in force in the city not inconsistent with this charter, are hereby declared valid and of full effect and force until amended or repealed by the city council.
Section 7.13. First election under this charter. Those persons serving as mayor and council members on January 1,1984, shall serve out their term of office and until respective successors thereto are elected at the 1984 municipal election and are qualified. The first municipal election under this charter shall be held on the first Monday in October, 1984, at which election the mayor and all council member seats shall be filled. Such election shall be conducted pursuant to Article V of this charter. For purposes of that election, persons serving as council members on January 1, 1984, shall be deemed to be serving in designated council posts as follows:
4914 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Clifford Webb Jeannie Webb Ivan Winsett Robinson Fisher Rollin Marable
Post 1 Post 2 Post 3 Post 4 Post 5
Section 7.14. Existing personnel and officers. Except as specifically provided otherwise by this charter, all personnel and officers of the city and their rights, privileges, and powers shall continue beyond the time this charter takes effect for a period of 90 days before or during which the existing city council shall pass a transition ordinance detailing the changes in personnel and appointive officers required or desired and arranging such titles, rights, privileges, and powers as may be required or desired to allow a reasonable transition.
Section 7.15. Pending matters. Except as specifically provided otherwise by this charter, all rights, claims, actions, orders, contracts, and legal or administrative proceedings shall continue and any such ongoing work or cases shall be dealt with by such city agencies, personnel, or office as may be provided by the city council.
Section 7.16. Penalties. The violation of any provisions of this charter, for which penalty is not specifically provided for herein, shall be punishable by a fine of not more than $100.00 dollars or by imprisonment not to exceed ten days, or both such fine and imprisonment.
Section 7.17. Construction, (a) Section captions in this charter are informative only and are not to be considered as a part thereof.
(b) The word `shall' is intended to be mandatory and the word `may' is not.
(c) The singular shall include the plural and the masculine the feminine and vice versa.
Section 7.18. Severability. If any article, section, subsection, paragraph, sentence, or part thereof of this charter shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair other parts of this charter, unless it clearly appears that such other parts are wholly and necessarily dependent upon the part held to be invalid or unconstitutional, it being the
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legislative intent in enacting this charter that each article, section, subsection, paragraph, sentence, or part thereof be enacted separately and be independent of each other."
Section 2. An amendatory Act to the charter of the Town of Maxeys, which amendatory Act was approved August 20,1917 (Ga. L. 1917, p. 768), is repealed in its entirety.
Section 3. Except for the provisions of this Act relating to and necessary for the election of the mayor and council members of the City of Maxeys at the municipal election on the first Monday in October, 1984, this Act shall become effective January 1, 1985. The provisions of this Act relating to and necessary for the election of the mayor and council members at said 1984 municipal election shall become effective July 1,1984.
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 the City of Maxeys, acting through the Mayor and Council, intends to introduce at the regular 1984 session of the General Assembly of Georgia, local legislation to amend the charter for the City of Maxeys.
This 20th day of December, 1983.
Hugh A. Helmly Mayor, City of Maxeys
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles W. Yeargin, who, on oath, deposes and says that he is Representative from the 14th District, and
4916 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 date: December 29, 1983.
/s/ Charles W. Yeargin Representative, 14th District
Sworn to and subscribed before me, this 31st day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 28,1984.
DeKALB COUNTY -- EFFECT OF MEMBER OF COMMISSION QUALIFYING TO RUN FOR OTHER ELECTIVE OFFICE. No. 1090 (House Bill No. 1515). AN ACT
To amend an Act revising, superseding, and consolidating the laws relating to the governing authority of DeKalb County and creating a chairman and board of commissioners of said county, approved March 8,1956 (Ga. L. 1956, p. 3237), as amended, particularly by an Act establishing the form of government of DeKalb County and fixing the powers and duties of the officers constituting the governing
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authority of DeKalb County, approved April 9,1981 (Ga. L. 1981, p. 4304), as amended, so as to change the provisions of said amendatory Act relating to the creation of a vacancy in office if the Chief Executive or a member of the commission qualifies for nomination or election to other elective public office; to change the provisions of said amendatory Act relative to methods of its amendment; 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 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 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), as amended, is amended by striking Section 4 of said amendatory Act in its entirety and substituting in lieu thereof a new Section 4 to read as follows:
"Section 4. Running for other elective offices, (a) Except as otherwise provided in subsection (b) of this section, no member of the Commission or the Chief Executive shall be qualified to be a candidate for nomination or election to any other elective office, other than to succeed one's self as a member of the Commission or as Chief Executive, unless the member of the Commission or the Chief Executive shall resign from office as provided in subsection (b) of this section.
(b) If the term of the other office to which the member of the Commission or the Chief Executive seeks to be a candidate for nomination or election expires on the same date the member's or the Chief Executive's term of office expires, then resignation from office under subsection (a) of this section shall not be required. If resignation is required under subsection (a) of this section, such resignation shall be irrevocable and shall be submitted to the Commission by not later than April 1 of the year in which the election for the other office to which the member of the Commission or the Chief Executive seeks nomination or election is held and shall be effective on December 31 of that year.
4918 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(c) The April 1 date specified in subsection (b) of this section for irrevocable resignation from office shall be deemed to be the date of the creation of a vacancy, notwithstanding the fact that the resignation is not effective until the thirty-first day of December immediately following the date of resignation. Notwithstanding the provisions of Section 6 of this Act, no special election shall be held to fill such vacancy, and such vacancy shall be filled for the unexpired term by nomination and election at the immediately following general primary and election in the same manner as nomination and election for a full term of office as a member of the Commission in accordance with the provisions of Chapter 2 of Title 21 of the O.C.G.A., known as the `Georgia Election Code.' ",
Section 2. Said amendatory Act approved April 9,1981 (Ga. L. 1981, p. 4304), as amended, is further amended by striking paragraph (1) of subsection (a) of Section 23 in its entirety and substituting in lieu thereof a new paragraph (1) to read as follows:
"(1) Sections 1, 3, 5, 11, 13, 14, 15, 16, and 23 of this Act and subsections (a) and (c) of Section 2 of this Act and subsection (a) of Section 9 of this Act may be amended only by Acts of the General Assembly, and any such Act shall be conditioned for its effectiveness on the approval of a majority of the qualified electors of DeKalb County voting at an election held for such purpose."
Section 3. Said amendatory Act approved April 9,1981 (Ga. L. 1981, p. 4304), as amended, is further amended by striking paragraph (3) of subsection (a) of Section 23 in its entirety and substituting in lieu thereof a new paragraph (3) to read as follows:
"(3) Subsection (b) of Section 2 of this Act, Sections 4,6,7,8,21, and 22 of this Act, and subsection (c) of Section 9 of this Act may be amended only by Acts of the General Assembly."
Section 4. 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 by the Governor or its otherwise becoming law 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.
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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 1984 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; and for other purposes.
This 11th day of January, 1984.
Peggy Childs Representative, 53rd 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 Legislation was published in the Decatur-DeKalb News Era which is the official organ of DeKalb County, on the following date: January 19, 1984.
/s/ Peggy Childs Representative, 53rd District
4920 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 30th day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 28,1984.
WHITE COUNTY WATER AND SEWERAGE AUTHORITY ACT.
No. 1091 (House Bill No. 1523).
AN ACT
To create the White County Water and Sewerage Authority; to authorize the authority to acquire, construct, add to, extend, improve, equip, operate, and maintain projects embracing sources of water supply and the distribution and sale of water and related facilities to individuals, private concerns, municipal corporations, the State of Georgia, its political subdivisions and instrumentalities thereof; to authorize the authority to acquire, construct, add to, extend, improve, equip, operate, and maintain sewerage systems, both sanitary and storm, sewage disposal and sewage treatment plants, and any and all other related facilities; to confer powers and impose duties on the authority; to provide for the membership and the appointment of members of the authority and their terms of office, qualifications, duties, powers, method of filling vacancies, compensation, and expenses; to authorize the authority to contract with others pertaining to water and sewer utilities and facilities and to contract with others pertaining to the use of the utilities and facilities of the authority and to execute leases and do all things necessary or convenient for the operation of such undertakings or projects; to authorize
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the issuance of revenue bonds of the authority payable from the revenues, tolls, fees, charges, and earnings of the authority and to pay the cost of such undertaking or project and authorize the collection and pledging of the revenues and earnings of the authority for the payment of such bonds; to authorize the execution of resolutions and trust indentures to secure the payment thereof and to define the rights of the holders of such obligations; to provide that no debt of White County shall be incurred in the exercise of any other powers granted by this Act; to make the bonds of the authority exempt from taxation; to authorize the authority to condemn property of every kind; to authorize the issuance of funding and refunding bonds; to fix and provide the venue and jurisdiction of actions relating to any provisions of this Act; to provide for the validation of bonds; to provide for the separate enactment of each provision of this Act; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Short Title. This Act shall be known and may be cited as the "White County Water and Sewerage Authority Act."
Section 2. White County Water and Sewerage Authority, (a) There is hereby created a body corporate and politic, to be known as the "White County Water and Sewerage Authority," which shall be deemed to be a political subdivision of the State of Georgia and a public corporation and by that name, style, and title said body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity. The Authority shall have perpetual existence.
(b) The membership of the authority shall be composed as follows: one member shall be a member of the Board of Commissioners of White County; one member shall be an appointee of the White County Industrial Authority; one member shall be appointed by the City of Cleveland; one member shall be appointed by the City of Helen; one member shall be appointed by the White County Board of Commissioners as a representative of the interests of the Lanier Watershed Regional Committee; one member shall be appointed by the White County Board of Commissioners as a representative of the general interests of the citizens of White County; and one member shall be appointed by the White County Board of Commissioners as a representative of the interests of the Upper Chattahoochee River Soil
4922 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
and Water Conservation District provided that such member shall not be an elected official or an employee of any government. Appointing entities shall certify appointees to the authority during the month of June of each year. Any member of the authority may be selected and appointed to succeed himself. Immediately after such appointments, the members of such authority shall enter upon their duties. The members of the authority shall be entitled to reimbursement for their actual expenses necessarily incurred in the performance of their duties. The authority shall have the power to establish bylaws and to promulgate and adopt rules and regulations necessary or desirable for the management and operation of the Authority.
(c) To be eligible for appointment as a member of the authority, a person shall be at least 21 years of age, a resident of the municipality he is to represent for at least one year prior to the date of his appointment, and shall not have been convicted of a felony.
(d) The members of the authority shall elect one of their number as chairman. Also, the members of the authority shall elect one of their number as vice chairman and shall also elect a secretary, who need not be a member of the authority, and may also elect a treasurer, who need not be a member of the authority. The secretary may also serve as treasurer. If the secretary and the treasurer are not members of the authority, such officers shall have no voting rights. Each of such officers shall serve for a period of one year and until their successors are duly elected and qualified. The chairman of the authority shall not be entitled to vote upon any issue, motion, or resolution except in the case of a tie vote of the other members voting on said motion, resolution, or question.
(e) Five members of the authority shall constitute a quorum. No vacancy on the authority shall impair the right of the quorum to exercise all of the rights and perform all of the duties of the authority.
(f) In the event of a vacancy by reason of death, disqualification, resignation, or other reason, the governing body of White County or the appropriate governing authority from the municipality whose representation is affected by the vacancy shall select and appoint a qualified person to fill the unexpired term of the member whose position has been vacated. A vacancy shall exist in the office of any member of the authority who is convicted of a felony or who enters a plea of nolo contendere thereto; who is convicted of a crime involving moral turpitude or who enters a plea of nolo contendere thereto; who
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moves his residence from the municipality which he represents; who is convicted of any act of misfeasance, malfeasance, or nonfeasance of his duties as a member of the authority; or who fails to attend any regular or special meeting of the authority for a period of six months without excuse approved by a resolution of the authority.
(g) All meetings of the authority, regular or special, shall be open to the public. The authority may hold public hearings on its own initiative or at the request of residents of White County or residents of any area affected by the actions of the authority.
(h) No member or employee of the authority shall have directly or indirectly any financial interest, profit, or benefit in any contract, work, or business of the authority nor in the sale, lease, or purchase of any property to or from the authority.
Section 3. Definitions. As used in this Act, the following words and terms shall have the following meanings:
(1) The word "authority" shall mean the White County Water and Sewerage Authority created by this Act.
(2) The word "project" shall be deemed to mean and include the acquisition, construction, and equipping of water facilities for obtaining one or more sources of water supply, the treatment of water, and the distribution and sale of water to users and consumers, including, but not limited to, the State of Georgia and counties and municipalities for the purpose of resale, within and without the territorial boundaries of White 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, construction, and equipping of all necessary and usual facilities useful and necessary for the gathering of waste matter of every type, including both individual and industrial, and the treatment of sewage of any and every type, including, but not limited to, the acquisition and construction of treatment plants, ponds, and lagoons, within and without the territorial boundaries of White County, and the operation, maintenance, additions, improvements, and extensions of such facilities so as to assure an adequate sewerage system deemed by the authority necessary for the efficient operation of a
4924 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
sanitary and storm sewer system. Said water facilities and said sewerage facilities, at the discretion of the authority, may be combined at any time into a water and sewerage system as one revenue-producing undertaking and operated and maintained as such.
(3) The term "cost of 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 construction and for one year after completion of construction; the cost of engineering, architectural, fiscal agents', and legal expenses, and of plans and specifications and other expenses necessary or incident to determining the feasibility or practicability of the project, administrative expenses, and such other expenses as may be necessary or incident to the financing herein authorized; the cost of the acquisition or construction of any project; the cost of placing of any project in operation; and the cost of condemnation of property necessary for such construction and operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds issued under the provisions of this Act for such project:
(4) The terms "revenue bonds" and "bonds" as used in this Act shall mean revenue bonds as defined and provided in the Revenue Bond Law, Article 3 of Chapter 82 of Title 36 of the O.C.G.A. and such type of obligations may be issued by the authority as authorized under said Revenue Bond Law and any amendments thereto and, in addition, shall also mean obligations of the authority, the issuance of which are hereinafter specifically provided for in this Act.
(5) Any project shall be deemed "self-liquidating" if, in the judgment of the authority, the revenues and earnings to be derived by the authority therefrom and all facilities used in connection therewith will be sufficient to pay the costs of operating, maintaining, repairing, improving, and extending the project and to pay the principal of and interest on the revenue bonds which may be issued to finance, in whole or in part, the cost of such project or projects.
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Section 4. Powers. The authority shall have the power:
(1) To have a seal and alter the same at its pleasure;
(2) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character for its corporate purposes;
(3) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by condemnation in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, real property or rights or easements therein, or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue, and to lease or make contracts with respect to the use of or dispose of the same in any manner it deems to the best advantage of the authority, the authority being under no obligation to accept and pay for any property condemned under this Act except from the funds provided under the authority of this Act, and, in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action, or proceeding as may be just to the authority and to the owners of the property to be condemned, and no property shall be acquired under the provisions of this Act upon which any lien or other encumbrance exists unless at the time such property is so acquired a sufficient sum of money be deposited in trust to pay and redeem the fair value of such lien or encumbrance;
(4) To appoint, select, and employ officers, agents, and employees, including engineers, architectural, and construction experts, fiscal agents, and attorneys and fix their respective compensations;
(5) To make contracts and leases and to execute all instruments necessary or convenient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be constructed, erected, or acquired. Any and all persons, firms, and corporations and any and all political subdivisions, departments, institutions, or agencies of the state are hereby authorized to enter into contracts, leases, or agreements with the authority upon such terms and for such purposes as they deem advisable; and, without limiting the
4926 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
generality of the foregoing, authority is specifically granted to municipal corporations, counties, and other political subdivisions and to the authority to enter into contracts, lease agreements, or other undertakings relating to the furnishing of water and related services and facilities by the authority to such municipal corporations, counties, and political subdivisions or for the purchase of water by the authority therefrom for a term not exceeding 50 years, and also to enter into contracts, lease agreements, or other undertakings relative to the gathering of waste matter and the treatment of waste matter and sewage by the authority for such municipal corporations, counties, or political subdivisions for the authority. Likewise, without limiting the generality of the above and foregoing, the same authority above granted to municipal corporations, counties, political subdivisions, and to the authority relative to entering into contracts, lease agreements, or other undertakings is hereby authorized between the authority and private corporations, both within and without the State of Georgia, and between the authority and public bodies including counties and cities outside the State of Georgia.
(6) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects, as hereinabove defined, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds of the authority or from such proceeds and any grant or contribution from the United States of America or any agency or instrumentality thereof or from the State of Georgia or any agency or instrumentality thereof;
(7) To accept loans and grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof upon such terms and conditions as the United States of America or such agency or instrumentality may require;
(8) To accept loans and grants of money or materials or property of any kind from the State of Georgia or any agency or instrumentality or political subdivision thereof upon such terms and conditions as the State of Georgia or such agency or instrumentality or political subdivision may require;
(9) To borrow money for any of its corporate purposes and to issue negotiable revenue bonds payable solely from funds
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pledged for that purpose and to provide for the payment of the same and for the rights of the holders thereof;
(10) To exercise any power usually possessed by private corporations performing similar functions, including the power to make short-term loans and approve, execute, and deliver appropriate evidence of such indebtedness, provided no such power is in conflict with the Constitution or general laws of this state; and
(11) To do all things necessary or convenient to carry out the powers expressly given in this Act.
Section 5. Revenue Bonds. The authority, or any authority or body which has or which may in the future succeed to the powers, duties, and liabilities vested in the authority created hereby shall have power and is hereby authorized to provide by resolution for the issuance of negotiable revenue bonds of the authority for the purpose of paying all or any part of the cost as herein defined of any one or more projects. The principal of and interest on such revenue bonds shall be payable solely from the special fund hereby provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates per annum, payable at such time or times, shall mature at such time or times not exceeding 40 years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the authority, and may be redeemable before maturity, at the option of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution for the issuance of bonds.
Section 6. Same; Form; Denomination; Registration; Place of Payment. The authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereon, which may be at any bank or trust company within or without the state. The bonds may be issued in coupon or registered form, or both, as the authority may determine; and provision may be made for the registration of any coupon bond as to principal alone and also as to both principal and interest.
Section 7. Same; Signatures; Seal. In case any officer whose signature shall appear on any bonds or whose facsimile signature shall appear on any coupon shall cease to be such officer before the delivery
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of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery. All such bonds shall be signed by the chairman of the authority and the official seal of the authority shall be affixed thereto and attested by the secretary of the authority and any coupons attached thereto shall bear the facsimile signatures of the chairman and the secretary of the authority. Any coupon may bear the facsimile signatures of such persons and any bond may be signed, sealed, and attested on behalf of the authority by such persons as at the actual time of the execution of such bonds shall be duly authorized or hold the proper office, although at the date of such bonds such person may not have been so authorized or shall not have held such office.
Section 8. Same; Negotiability; Exemption from Taxation. All revenue bonds issued under the provisions of this Act shall have and are hereby declared to have all the qualities and incidents of negotiable instruments under the laws of this state. Such bonds, their transfer, and the income therefrom shall be exempt from all taxation within the state.
Section 9. Same; Sale; Price; Proceeds. The authority may sell such bonds in such manner and for such price as it may determine to be for the best interest of the authority. The proceeds derived from the sale of such bonds shall be used solely for the purpose or purposes provided in the resolutions and proceedings authorizing the issuance of such bonds.
Section 10. Same, Interim Receipts and Certificates or Temporary Bonds. Prior to the preparation of any definitive bonds, the authority may, under like restrictions, issue interim receipts, interim certificates, or temporary bonds, with or without coupons, exchangeable for definitive bonds upon the issuance of the latter.
Section 11. Same; Replacement of Lost or Mutilated Bonds. The authority may provide for the replacement of any bonds or coupons which shall become mutilated or be destroyed or lost.
Section 12. Same; Conditions Precedent to Issuance. Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things other than those proceedings, conditions, and things which are specified or required by this Act. In the discretion of the authority, revenue bonds of a single issue
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may be issued for the purpose of any particular project. Any resolution providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special meeting of the authority by a majority of its members.
Section 13. Credit Not Pledged. Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of White County nor a pledge of the faith and credit of said county; but such bonds shall be payable solely from the fund hereinafter provided for and the issuance of such revenue bonds shall not directly, indirectly, or contingently obligate said county to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment. All such bonds shall contain recitals on their face covering substantially the foregoing provisions of this section.
Section 14. Trust Indenture as Security. In the discretion of the authority, any issuance of such revenue bonds may be secured by a trust indenture by and between the authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or without the state. Such trust indenture may pledge or assign fees, tolls, revenues, and earnings to be received by the authority. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for the protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority in relation to the acquisition of property, the construction of the project, the maintenance, operation, repair, and insuring of the project, and the custody, safeguarding, and application of all moneys, and may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects 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
4930 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
remedies of the bondholders and of the trustee and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation, and repair of the project affected by such indenture.
Section 15. To Whom Proceeds of Bonds Shall be Paid. In the resolution providing for the issuance of revenue bonds or in the trust indenture, the authority shall provide for the payment of the proceeds of the sale of the bonds to any officer or person who, or any agency, bank, or trust company which, shall act as trustee of such funds and shall hold and apply the same to the purposes hereof, subject to such regulations as this Act and such resolution or trust indenture may provide.
Section 16. Sinking Fund. The revenues, fees, tolls, and earnings derived from any particular project or projects, regardless of whether or not such fees, earnings, and revenues were produced by a particular project for which bonds have been issued unless otherwise pledged and allocated, may be pledged and allocated by the authority to the payment of the principal and interest on revenue bonds of the authority as the resolution authorizing the issuance of the bonds or the trust instrument may provide. Such funds so pledged from whatever source received, including funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture into a sinking fund which shall be pledged to and charged with the payment of (1) the interest upon such revenue bonds as such interest shall fall due, (2) the principal of the bonds as the same shall fall due, (3) the necessary charges of paying agent for paying principal and interest and other investment charges, and (4) any premium upon bonds retired by call or purchase as hereinabove provided. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be maintained as a trust account for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or in the trust indenture, any surplus moneys in the sinking fund may be applied to
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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 17. Remedies of Bondholders. Any holder of revenue bonds issued under the provisions of this Act or any of the coupons appertaining thereto and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted hereunder or under such resolution or trust indenture and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture to be performed by the authority or any officer thereof, including the fixing, charging, and collecting of revenues, fees, tolls, and other charges for the use of the facilities and services furnished.
Section 18. Refunding Bonds. The authority is hereby authorized to provide by resolution for the issuance of bonds of the authority for the purpose of funding or refunding any revenue bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon and premium, if any. The issuance of such funding or refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the authority in respect to the same shall be governed by the foregoing provisions of this Act insofar as the same may be applicable.
Section 19. Validation. Bonds of the authority shall be confirmed and validated in accordance with the procedure of the Revenue Bond Law, as amended. The petition for validation shall also make party defendant to such action the State of Georgia or any municipality, county, authority, political subdivision, or instrumentality of the State of Georgia which has contracted with the authority for the services and facilities of the project for which bonds are to be issued and sought to be validated and the state or such municipality, county, authority, political subdivision, or instrumentality shall be required to show cause, if any exists, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the contract or contracts adjudicated as a part of the basis for the security for the payment of any such bonds of the authority. The bonds when validated and the judgment of validation shall be final and conclusive with respect to such bonds and the
4932 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
security for the payment thereof and interest thereon and against the authority issuing the same and the state and any municipality, county, authority, political subdivision, or instrumentality, if a party to the validation proceedings, contracting with the said White County Water and Sewerage Authority.
Section 20. Venue and Jurisdiction. Any action to protect or enforce any rights under the provisions of this Act or any suit or action against such authority shall be brought in the Superior Court of White 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. Interest of Bondholders Protected. While any of the bonds issued by the authority remain outstanding, the powers, duties, or existence of said authority or its officers, employees, or agents shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds. No other entity, department, agency, or authority will be created which will compete with the authority to such an extent as to affect adversely the interest and rights of the holders of such bonds, nor will the state itself so compete with the authority. The provisions of this Act shall be for the benefit of the authority and the holders of any such bonds and, upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds.
Section 22. Moneys Received Considered Trust Funds. All moneys received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenue, income, fees, and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act.
Section 23. Purpose of the Authority. Without limiting the generality of any provision of this Act, the general purpose of the authority is declared to be that of acquiring an adequate source or sources of water supply, treatment of such water, and thereafter the distribution of the same to the various municipalities and citizens in White County and environs, including adjoining counties and municipalities located therein, and further for the general purpose of gathering and treatment of waste, both individual and industrial; but such general purpose shall not restrict the authority from selling and delivering water directly to consumers in those areas where there does
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not now exist water distribution systems or furnishing sewer facilities to such customers and areas where neither any county nor municipality deems it desirable or feasible to furnish water in such locality.
The authority shall also have the authority, where it deems it feasible, to sell its products and services to customers, governmental agencies, or governmental instrumentalities of adjoining states, providing the laws of the adjoining states do not prohibit or tax said activity.
The authority shall not have the authority to construct water lines for the distribution of water directly to customers within any municipality without first obtaining the express written consent of the appropriate governing bodies of said municipality and, likewise, the authority shall not have the authority to construct sewer lines for the collection of waste and sewage directly to customers within any municipality without first obtaining the express written consent of the appropriate governing body of said municipality.
Section 24. Rates, Charges, and Revenues; Use. The authority is hereby authorized to prescribe and fix rates and to revise same from time to time and to collect fees, tolls, and charges for the services, facilities, and commodities furnished and, in anticipation of the collection of the revenues of such undertaking or project, to issue revenue bonds as herein provided to finance, in whole or in part, the cost of the acquisition, construction, reconstruction, improvements, betterment, or extension of a water system, a sewerage system, or a combined water and sewerage system, and to pledge to the punctual payment of said bonds and interest thereon, all or any part of the revenues of such undertaking or project, including the revenues of improvements, betterments, or extensions thereto thereafter made.
Section 25. Rules and Regulations for Operation of Projects. It shall be the duty of the authority to prescribe rules and regulations for the operation of the project or projects constructed or acquired under the provisions of this Act, including the basis upon which water service and facilities, sewerage service and facilities, or both, shall be furnished.
Section 26. Tort Immunity. The authority shall have the same immunity and exemption from liability for torts and negligence as White County; and the officers, agents, and employees of the authority when in the performance of the work of the authority shall have
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the same immunity and exemption from liability for torts and negligence as the officers, agents, and employees of White County when in the performance of their public duties or work of the county.
Section 27. Powers Declared Supplemental and Additional. The foregoing sections of this Act shall be deemed to provide an additional and alternative method for the doing of the things authorized thereby, shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing.
Section 28. Effect on Other Governments. This Act shall not and does not in any way take from White County or any municipality located therein or any adjoining county the authority to own, operate, and maintain a water system, a sewerage system, or a combined water and sewerage system or to issue revenue bonds as is provided by the Revenue Bond Law.
Section 29. Liberal Construction of Act. This Act being for the welfare of various political subdivisions of the state and its inhabitants shall be liberally construed to effect the purposes hereof.
Section 30. Effective Date. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 31. General Repealer. All laws and parts of laws in conflict with this Act are hereby repealed.
Notice.
Notice is hereby given that there will be introduced at the 1984 session of the Georgia General Assembly a bill to create the White County Water and Sewerage Authority and for other purposes.
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William J. Dover, who, on oath,
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deposes and says that he is Representative from the 11th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the White County News which is the official organ of White County, on the following date: January 19, 1984.
/s/ William J. Dover Representative, 11th District
Sworn to and subscribed before me, this 7th day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 28,1984.
PEACHTREE CITY AIRPORT AUTHORITY ACT.
No. 1092 (House Bill No. 1525).
AN ACT
To create and establish the Peachtree City Airport Authority and to authorize such authority to acquire, construct, equip, maintain, operate, own, and improve airports and landing fields for the use of aircraft which shall include related buildings, equipment, and the usual and convenient facilities appertaining to such undertaking, and to acquire the necessary property therefore, both real and personal, and to lease and sell any and all such facilities including real property;
4936 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
to confer powers and to impose duties on the authority; to provide for the membership and for the appointment of members of the authority and their term of tenure and compensation; to authorize the authority to contract with others pertaining to airports and landing fields for the use of aircraft and to execute leases of such facilities and to do all things deemed necessary or convenient for the operation of such undertaking; to authorize the issuance of revenue bonds or obligations of the authority; payable from the revenues, tolls, fees, charges, and earnings of the authority; including but not limited to earnings derived from leases and the use of the facilities, and to pay the costs of such undertakings and authorize the collection and pledging of the revenues and earnings of the authority for the payment of such bonds or obligations or to secure the payment thereof and to define the rights of the holders of such bonds; to provide that no debts of the City of Peachtree City shall be incurred in the exercise of any powers granted by this Act; to make the bonds or obligations of the authority exempt from taxation; to grant the authority the right of eminent domain and empower it to condemn property of every kind; to authorize the issuance of refunding bonds or obligations; to provide that such bonds or obligations be validated as authorized by the Revenue Bond Law (Ga. L. 1957, p. 36 et seq.) amending the law known as the Revenue Certificate Law of 1937 (Ga. L. 1937, p. 761 et seq., as amended); to provide for the separate enactment of each provision of this Act; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Short title. This Act may be cited as the "Peachtree City Airport Authority Act."
Section 2. Peachtree City Airport Authority. There is hereby created a body corporate and politic to be known as the Peachtree City Airport Authority, which shall be deemed to be a political subdivision of the State of Georgia and a public corporation by that name, style, and title and said body may contract and be contracted with, sue and be sued, implead and be impleaded, complain and defend in all courts at law and equity, except that the authority or the trustee acting under the trust indenture herein provided for shall in no event be liable for any torts committed by any of the officers, agents, and employees of the authority. The authority shall have perpetual existence.
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Section 3. Membership. The Peachtree City Airport Authority shall be composed of five members. Within 30 days after the approval of this Act, it shall be the duty of the mayor and council of the City of Peachtree City to appoint the membership of the authority, one whom shall be appointed for a term of one year ending December 31, 1984, one for a term of two years, ending December 31,1985, one for a term of three years, ending December 31,1986, one for a term of four years, ending December 31, 1987; and one for a term of five years, ending December 31,1988. All subsequent appointments shall be for a term of five years and until their successors shall have been duly appointed and shall be made by the mayor and council of the City of Peachtree City. No person shall be appointed to membership on the authority unless he or she has the same qualifications as are required for a person to vote in Peachtree City, Georgia. Members may be removed from office by the City Council of Peachtree City only for misconduct or in the event they move their residence from Peachtree City.
Section 4. Meetings. The authority shall hold their first regular meeting after the approval of this Act, and the first regular meeting of each year thereafter shall be in January. The authority shall meet at such times as may be necessary to transact the business coming before it, but not less than quarterly. At its first meeting in January of each year thereafter, the authority shall elect one of its members as its chairman and another member as secretary-treasurer. Only one person shall hold the office of secretary-treasurer. These officers shall be elected for a term ending on December 31st of the year in which they were elected or until their successors are elected and qualified. Three members of the authority shall constitute a quorum for the transaction of all business coming before it. The members of the authority shall serve without pay except that they shall be reimbursed for actual expenses incurred in the performance of their duties.
Section 5. Vacancies in office. In the event of a vacancy on the authority by reason of death, resignation or otherwise, the vacancy shall be filled by the appointing authority and the person so appointed shall serve for the remainder of the unexpired term.
Section 6. Definitions. As used in this Act, the following words and terms have the following meanings:
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(a) The word "authority" shall mean the Peachtree City Airport Authority as created by the provisions of this Act.
(b) The word "project" shall be deemed to mean and include the acquisition, construction, equipping, maintenance, improving, and operation of public airports and landing fields for the use of aircraft and related buildings and the usual and convenient facilities appertaining to such undertakings and extensions and improvements of such facilities, acquiring the necessary property, both real and personal, and the lease and sale of any part or all such facilities, including real and personal property, so as to assure the efficient and property development, maintenance, and operation of such airports and landing fields for the use of aircraft deemed by the authority to be necessary, convenient, or desirable.
(c) The term "cost of the project" shall embrace the cost of construction, the cost of all lands, properties, rights, easements, and franchises acquired, the cost of all machinery, equipment, financing charges, interest prior to and during construction, cost of engineering, architectural, fiscal, and legal expenses, and of plans and specifications and such other expenses as may be necessary or incident to the financing herein authorized, the construction of any project and improving the same, the placing of the same in operation, and the condemnation of property necessary for such construction and operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of any funds of the authority including the proceeds of any revenue bonds issued under the provisions of this Act for any such project or projects.
(d) The terms "revenue bonds," "bonds," and "obligations," as used in this Act, shall mean revenue bonds as defined and provided for in the Revenue Bond Law (Ga. L. 1957, p. 36, et seq.) amending the law formerly known as the Revenue Certificate Law of 1937 (Ga. L. 1937, p. 761, et seq.), as amended, and such type of obligations may be issued by the Authority as authorized under said Revenue Bond Law and any amendments thereto, and in addition shall also mean obligations of the authority the issuance of which are hereinafter authorized in this Act.
(e) Any project shall be deemed "self-liquidating" if, in the judgment of the authority, the revenues and earnings to be derived by
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the authority therefrom and all properties used, leased, and sold in connection therewith will be sufficient to pay the cost of operating, maintaining and repairing, improving, and extending the project and to pay the principal and interest of the revenue bonds which may be issued to finance, in whole or in part, the cost of such project or projects.
Section 7. Powers. The authority shall have powers to:
(a) Have a seal and alter the same at pleasure;
(b) Acquire by purchase, lease, or otherwise, and to hold, lease, and dispose of real and personal property of every kind and character for its corporate purposes;
(c) Acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by the exercise of the power and right of eminent domain, which is hereby granted, 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 franchise necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue to lease or make contract with respect to the use or disposition of the same in any manner it deems to the best advantage of the authority, the authority being under no obligation to accept and pay for any property condemned under this Act except from the funds provided under the authority of this Act, and in any proceeding to condemn, such orders may be made by the court having jurisdiction of the suit, action, or proceedings as may be just to the authority and to the owners of the property to be condemned, and no property shall be acquired under the provisions of this Act upon which any lien or other incumbrance, exists, unless at the time such property is so acquired a sufficient sum of money be deposited in trust to pay and redeem the fair value of such lien or encumbrance;
(d) Appoint, select, and employ officers, agents, and employees, including engineering, architectural and construction experts, fiscal agents and attorneys, and fix their respective compensations;
(e) Make contracts and leases and to execute all instruments necessary or convenient including contracts for construction of projects or leases of projects which it causes to be erected or acquired,
4940 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
and 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 may deem advisable; the said authority is further granted the authority to make contracts and leases and to execute all instruments necessary or convenient with the United States government or any agency or department thereof concerning the projects of the Authority, subject to the rights and interests of the holder of any of the bonds or obligations authorized to be issued hereunder, and by the resolution or trust indenture of the authority authorizing the issuance of any of its bonds or obligations as provided in Section 21 of this Act;
(f) Construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects, as hereinabove defined, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds or other funds of the Authority or from such proceeds or other funds and any grant from the United States of America or any agency or instrumentality thereof;
(g) Accept loans and grants, or to accept loans or grants of money or materials or property of any kind from the United States of America or any agency, instrumentality, or political subdivision thereof from any other source, upon such terms and conditions as the United States of America or such agency, instrumentality, or other source may impose;
(h) Accept loans and grants, or to accept loans or grants of money or materials or property of any kind from the State of Georgia or any agency or instrumentality or political subdivision thereof or from any other source, upon such terms and conditions as the State of Georgia or such agency or instrumentality or political subdivision or any other source, may impose;
(i) Borrow money for any of its corporate purposes and to execute evidences of such indebtedness and to secure the same and to issue negotiable revenue bonds payable solely from funds pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof;
(j) Exercise any power usually possessed by private corporations performing similar functions, which is not in conflict with the Constitution and laws of this state or city; and
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(k) Do all things necessary or convenient to carry out the powers especially given in this Act.
(l) The authority and the trustee acting under the trust indenture are specifically authorized subject from time to time to sell, lease, grant, exchange, or otherwise dispose of any surplus property, both real or personal, or interest therein not required in the normal operation of and usable in the furtherance of the purpose for which the authority was created, except as such right and power may be limited as provided in Sections 2 and 21 herein.
Section 8. Revenue bonds. The authority, or any authority or body which has or which may in the future succeed to the powers, duties, and liabilities vested in the authority created hereby, shall have power and is hereby authorized at one time or from time to time to provide by resolution for the issuance of negotiable revenue bonds for the purpose of paying all or any part of the cost as herein defined of any one or more projects. The principal and interest of such revenue bonds shall be payable solely from the special fund herein provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rates or rate as may be authorized by the authority from time to time, shall be payable semi-annually, shall mature at such time or times not exceeding 30 years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the authority, and may be made redeemable before maturity at the option of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution providing for the issuance of the bonds. Such revenue bonds or obligations shall be issued pursuant to and in conformity with the Revenue Bond Law (Ga. L. 1937, p. 36, et seq.) amending the law formerly known as the Revenue Certificate Law of 1937 (Ga. L. 1937, p. 761, et seq.), as amended, and all procedures pertaining to such issuance and the conditions thereof shall be the same as those contained in said Revenue Bond Law and any amendments thereof.
Section 9. Same; form; denominations; registration; place of payment. The authority shall determine the form of the bonds and the place or places of payment of principal thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereof, which may be at any bank or trust company within or without the state. The bonds may be issued in coupon or registered form, or both, as the authority may
4942 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
determine and provision may be made for the registration of any coupon bond as to principal alone and also as to both the principal and interest.
Section 10. 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 attested by the secretary-treasurer of the authority and the official seal of the authority shall be affixed thereto and any coupons attached thereto shall bear the facsimile signatures of the chairman and secretary-treasurer of the authority. Any bond may be signed, sealed, and attested on behalf of the authority by such persons as at the actual time of the execution of such bonds shall be duly authorized or hold the proper office, although at the date of delivery and payment of such bonds such persons may not have been so authorized or shall not have held such office.
Section 11. 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 law of the state. Such bonds are declared to be issued for an essential public and governmental purpose and the said bonds, their transfer, and the income thereof shall be exempt from all taxation within the state.
Section 12. Same; sale; price. The authority may sell such bonds in such manner and for such price as it may determine to be for the best interest of the authority, but no such sale shall be made at a price less than part as provided in the Revenue Bond Law, unless said Revenue Bond Law be hereafter amended to permit the sale of such bonds at less than par.
Section 13. 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 of in the trust indenture, additional bonds may in like manner be issued to provide the amount of any deficit for the cost of the project or projects, which unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture shall be deemed to be of the same issue and shall be
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entitled to payment from the same fund without preference or priority of the bonds first issued for the same purposes. 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 a sinking fund or used for additional construction as may be provided in the resolution authorizing the issuance of the bonds or in the trust indenture.
Section 14. Same; interim receipts and certificates of temporary bonds. Prior to the preparation of definitive bonds, the authority may, under like restrictions issue interim receipts, interim certificates or temporary bonds, with or without coupons exchangeable for definitive bonds upon the issuance of the latter.
Section 15. Same; replacement of lost or mutilated bonds. The authority may also provide for the replacement of any bond which shall become mutilated or be destroyed or lost.
Section 16. Conditions precedent to issuance; object of issuance. Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions, and things which are specified or required by this Act. In the discretion of the authority, revenue bonds of a single issue may be issued for the purpose of any particular project. Any resolution, providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special or adjourned meeting of the authority by a majority of the quorum as in this Act provided.
Section 17. Credit not pledged. Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of the City of Peachtree City, 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, or any municipality therein, 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 18. Same; trust indenture as security. In the discretion of the authority, any issue of such revenue bonds may be secured by a trust indenture by and between the authority and a corporate trustee,
4944 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
which may be any trust company or bank having the powers of a trust company within or without the state. Such trust indenture may pledge or assign fees, tolls, revenues, and earnings to be received by the authority, including the proceeds derived from the sale from time to time of any surplus property of the authority, both real and personal. Either the resolution providing for the issuance of revenue bonds of 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 property, and the custody, safeguarding, and application of all moneys, including the proceeds derived from the sale of property of the authority, both real and personal, and may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the authority, and 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 bond or trust company incorporated under the laws of the state to act as such depository and to furnish such indemnifying bonds or pledge such securities as may be required by the authority. Such indenture may set forth the rights and remedies of the bondholders and of the trustee, and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation, and repair of the project affected by such indenture.
Section 19. Same; to whom proceeds of bonds shall be paid. The authority shall, in the resolution providing for the issuance of revenue bonds or in 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 resolutions or trust indenture may provide.
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Section 20. Same; sinking fund. The revenues, fees, tolls, and earnings derived from any particular project or projects, regardless of whether or not such fees, earnings, and revenues were produced by a particular project for which bonds have been issued and any moneys derived from the sale of any properties, both real and personal of the authority, unless otherwise pledged and allocated, may be pledged and allocated by the authority to the payment of the principal and interest on revenue bonds of the authority as the resolution authorizing the issuance of the bonds or in the trust instrument may provide, and such funds so pledged from whatever source received, which said pledge may include funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture, into a sinking fund which said sinking fund shall be pledged to and charged with the payments of:
(1) The interest upon such revenue bonds as such interest shall fall due;
(2) The principal of the bonds as the same shall fall due;
(3) The necessary charges of paying agent or agents for paying interest and principal; and
(4) Any premium upon bonds retired by call or purchase as hereinabove provided.
The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be a fund for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or in the trust indenture surplus moneys in the sinking fund may be applied to the purchase or redemption of bonds and any such bonds so purchased or redeemed shall forthwith be cancelled and shall not again be issued.
Section 21. Same; remedies of bondholders. Any holder of revenue bonds issued under the provisions of this Act or any of the coupons appertaining thereto, and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by
4946 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings protect and enforce any and all rights under the laws of the State of Georgia or granted hereunder or under such resolution or trust indenture, and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture, to be performed by the authority, or any officer thereof, including the fixing, charging, and collecting of revenues, fees, tolls, and other charges for the use of the facilities and services furnished.
Section 22. Same; refunding bonds. The authority is authorized to provide by resolution for the issue of revenue 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 23. Same; validation. Bonds of the authority shall be confirmed and validated in accordance with the procedure of said Revenue Bond Law. The petition for validation shall also make party defendant to such action any municipality, county, authority, subdivision, or instrumentality of the State of Georgia or the United States government or any department or agency of the United States government, if subject to be sued, which has contracted with the authority for the services and facilities of the project for which bonds are to be issued and sought to be validated and such municipality, county, authority, subdivision, or instrumentality, shall be required to show cause, if any, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the validity of the terms thereof be determined and the contract or contracts adjudicated as security for the payment of any such bonds of the authority. The bonds when validated, and the judgment of validation shall be final and conclusive with respect to such bonds, against the authority issuing the same, and any municipality, county, authority, subdivision, or instrumentality of the United States government, if a party to the validation proceedings, contracting with the said Peachtree City Airport Authority.
Section 24. Same; venue and jurisdiction. Any action to protect or enforce any rights under the provisions of this Act or any suit or
GEORGIA LAWS 1984 SESSION
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action against such authority shall be brought in the Superior court of Fayette 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 25. Same; interest of bondholders protected. While any of the bonds issued by the authority remain outstanding, the powers, duties, or existence of said authority or of its officers, employees, or agents shall not be diminished or impaired in any manner that will affect adversely the interest and rights of the holders of such bonds, and no other entity, department, agency, or authority will be created which will compete with the authority to such an extent as to affect adversely the interest and rights of the holders of such bonds, and upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds.
Section 26. Moneys received considered trust funds. All moneys received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenues, income, fees, and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act.
Section 27. Purpose of the authority. Without limiting the generality of any provisions of the Act the general purpose of the authority is declared to be that of acquiring, constructing, equipping, maintaining, improving, and operating airports and landing Helds for the use of aircraft, including any related buildings and the usual and convenient facilities appertaining to such undertakings and extensions and improvements of such facilities, acquiring the necessary property therefor, both real and personal, and to lease or sell any of such facilities including real property and to do any and all things deemed by the authority necessary, convenient, or desirable for and incident to the efficient and proper development and operation of such types of undertakings.
Section 28. Rates, charges, and revenues; use. The authority is authorized to prescribe and fix and collect rates, fees, tolls, and charges, and to revise from time to time and collect such rates, fees, tolls, and charges for the services, facilities, or commodities furnished, including leases, concessions, or subleases of its lands or facilities, and in anticipation of the collection of the revenues and income of such undertakings or projects is authorized to issue revenue
4948 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
bonds as herein provided to finance in whole or in part, the cost of such project or projects and to pledge to the punctual payment of said bonds and interest thereon, all or any part of the revenues and income of such undertakings or projects*
Section 29. 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 airports and landing fields for the use of aircraft shall be furnished.
Section 30. 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 31. Liberal construction of Act. This Act being for the purpose of promoting the health, morals, and general welfare of the citizens of the United States, of the State of Georgia, and Peachtree City, shall be liberally construed to effect the purposes hereof.
Section 32. Effect of partial invalidity of Act. The provisions of this Act are severable, and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions.
Section 33. Effective date. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 34. 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 application will be made at the January, 1984, session of the General Assembly of Georgia for the passage of an act to provide for the creating of a Peachtree City
GEORGIA LAWS 1984 SESSION
4949
Airport Authority; to provide for the membership of said authority and the powers, duties and responsibilities of said authority; and for other purposes.
Frederick Brown, Jr. Mayor, City of Peachtree City, Georgia
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Paul W. Heard, Jr., who, on oath, deposes and says that he is Representative from the 43rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fayette County News which is the official organ of Fayette County, on the following date: January 18, 1984.
/s/ Paul W. Heard, Jr. Representative, 43rd District
Sworn to and subscribed before me, this 30th day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 28,1984.
4950 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
TAX COMMISSIONER OF WALKER COUNTY -- COMPENSATION OF OFFICE PERSONNEL.
No. 1093 (House Bill No. 1528).
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 March 14, 1983 (Ga. L. 1983, p. 3884), so as to change the maximum amount of the compensation of the personnel of the office of the tax commissioner; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the office of tax commissioner of Walker County, approved January 27,1964 (Ga. L. 1964, p. 2018), as amended, particularly by an Act approved March 14, 1983 (Ga. L. 1983, p. 3884), is amended by striking subsection (a) of Section 5 which reads 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.",
GEORGIA LAWS 1984 SESSION
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and inserting in its place a new subsection to read as follows:
"(a) 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 $75,000.00 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. The salary of the deputy tax commissioner shall be not less than $14,100.00 and shall be paid from said total amount of $75,000.00."
Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Notice.
Notice is hereby given that there will be introduced at the regular 1984 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, said bill being for the purpose of increasing the total sum available for salaries for dupties, clerks, assistants and other personnel, this 18th day of January, 1984.
Forest Hays, Jr. Representative, 1st District, Post 2
4952 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Forest Hays, 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 date: January 25,1984.
/s/ Forest Hays, Jr. Representative, 1st District
Sworn to and subscribed before me, this 2nd day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 28,1984.
MAGISTRATE COURT OF FULTON COUNTY -- APPOINTMENT OF PART-TIME MAGISTRATES.
No. 1094 (House Bill No. 1564). AN ACT
To amend an Act providing for the appointment of magistrates of
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4953
Fulton County to serve in the Magistrate Court of Fulton County, approved March 18,1983 (Ga. L. 1983, p. 4373), so as to provide for the appointment of part-time magistrates; to provide for compensation of the same; 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 of magistrates of Fulton County to serve in the Magistrate Court of Fulton County, approved March 18,1983 (Ga. L. 1983, p. 4373), is amended by adding between Sections 2 and 3 a new section to be designated Section 2A to read as follows:
"Section 2A. In addition to the full-time magistrates authorized by Sections 1 and 2 of this Act, the chief judge of the State Court of Fulton County may, upon the recommendation of the chief magistrate of the magistrate court, appoint part-time magistrates from time to time to serve under the direction of the chief magistrate. Said part-time magistrates shall, when serving, exercise all the functions of a magistrate. Such part-time magistrates shall be compensated in such amount as may be set by the chief judge of the State Court of Fulton County, not to exceed the sum of $75.00 per day."
Section 2. 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 1984 Session of the General Assembly of Georgia a Bill to amend an Act relating to the appointment of Magistrates in the Magistrates' Court of Fulton County, approved March 18, 1983 (Ga. Laws 1983, page 4373), and for other purposes.
This 3rd day of January, 1984.
4954 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
John Tye Ferguson Associate County Attorney Fulton County
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, G. D. Adams, who, on oath, deposes and says that he is Representative from the 36th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following date: January 3,1984.
/s/ G. D. Adams Representative, 36th District
Sworn to and subscribed before me, this 8th day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 28,1984.
GEORGIA LAWS 1984 SESSION
4955
CITY OF MOULTRIE -- CHARTER AMENDMENTS.
No. 1095 (House Bill No. 1606).
AN ACT
To amend an Act creating and establishing a new charter for the City of Moultrie, approved March 3, 1943 (Ga. L. 1943, p. 1458), as amended, particularly by an Act approved March 25, 1974 (Ga. L. 1974, p. 3469), an Act approved April 11,1979 (Ga. L. 1979, p. 3872), and an Act approved March 26,1980 (Ga. L. 1980, p. 4301), so as to change provisions relating to the corporate limits of the city; to change restrictions which the mayor and council may place on the number of licenses issued for the sale of alcoholic beverages; to repeal specific laws; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating and establishing a new charter for the City of Moultrie, approved March 3, 1943 (Ga. L. 1943, p. 1458), as amended, particularly by an Act approved March 25, 1974 (Ga. L. 1974, p. 3469), an Act approved April 11,1979 (Ga. L. 1979, p. 3872), and an Act approved March 26, 1980 (Ga. L. 1980, p. 4301), is amended by striking in its entirety Section 2 and inserting in its place a new Section 2 to read as follows:
"Section 2. The corporate limits of the City of Moultrie shall be as follows:
Begin at the Original Southwest corner of Land Lot Number 337 in the 8th Land District of Colquitt County, Georgia, and from said point of beginning run North 88 degrees 59' East along the South Original Line of said Land Lot 2390 feet, more or less, to the West margin of the MoultrieThomasville Highway, U. S. 319, thence run in a Southerly direction along the West margin of said Highway to a point which is 50 feet north of the centerline of the 18 foot asphalt driveway leading to the Sunset Country Club, thence run in a Northwesterly direction along the line 50 feet north of and parallel to the centerline of said 18 foot driveway 1900 feet, more or less, to a point on a line 100 feet East of and
4956 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
parallel to the front of the clubhouse, thence run Northeasterly along said east line 150 feet, more or less, to a point on a line 100 feet north of and parallel to the clubhouse, thence run Northwesterly along said north line 300 feet, more or less, to a point on a line 100 feet west of and parallel to the back of the clubhouse, thence run Southwesterly along said west line 450 feet, more or less, to a point on a line 200 feet south of and parallel to the clubhouse, thence run Southeasterly along said south line 500 feet, more or less, to a point on a line 50 feet south of and parallel to the centerline of the aforementioned 18 foot driveway, thence run along said line 50 feet south of and parallel to the centerline of said 18 foot driveway as it meanders in a southeasterly direction 1500 feet, more or less, to the west margin of the Moultrie-Thomasville highway, U. S. 319, thence run in a southerly direction along the west margin of said highway to a point which is North 82 degrees West 100 feet, more or less, from the Northwest corner of lands of Tucker, thence run South 82 degrees East 463 feet to the Northeast corner of lands of Tucker, thence run South 2 degrees 30' West 181 feet to the Southeast corner of lands of Tucker, thence run North 82 degrees West 463 feet to the West margin of the Moultrie-Thomasville Highway, U. S. 319, thence run in a Southerly direction along the West margin of said Highway to a point which is South 89 degrees 30' West 100 feet from the Southwest corner of lands of The Hospital Authority of Colquitt County, Georgia, in Land Lot 383 in the 8th Land District of Colquitt County, thence run North 89 degrees 30' East 2475 feet to the West margin of the right-of-way of the Georgia Northern Railroad, thence run in a Northwesterly direction along the West margin of said railroad right-of-way 2600 feet, thence run North 88 degrees 39' East 820 feet, more or less, to the Southeast corner of lands of Pineland School thence run N. 12 degrees 03' West 1100 feet; thence run N. 88 degrees 39' E. 2.26 feet; thence run N. 12 degrees 03' West 1073 feet, more or less, to the North margin of YMCA road; thence run N. 89 degrees 39' East 148.9 feet; thence run N. 01 degree 01' West 606.47 feet; thence run S. 88 degrees 59' West 479.38 feet; thence run S. 12 degrees 03' East 617.89 feet to aforementioned North margin of YMCA road; thence run S. 88 degrees 39' West 150 feet; thence run N. 12 degrees 03' West 1150 feet; thence run South 88
GEORGIA LAWS 1984 SESSION
4957
degrees 39' West 360 feet to East margin of the right-of-way of Georgia Northern Railroad (Southern R.R.); thence run Northwesterly along the East margin of said railroad rightof-way 2710 feet; thence run N. 57 degrees East 1050 feet; thence run N. 12 degrees 03' West 400 feet; thence run South 57 degrees West 1050 feet to the East margin of said Georgia Northern Railroad right-of-way, thence run in a Northwesterly direction along the East margin of said railroad right-of-way 5210 feet, more or less, to the Old South City Limits Line as defined in the Acts of 1943, Ga. L. 1943, pp. 1458 et. seq., which Old South City Limits Line lies 5860 feet South of and parallel to a straight line running East and West through the center of the County Courthouse Square; thence run along said Old South City Limits Line 1160 feet, more or less, to the Northwest corner of Lot 4, Crestwood Gardens Subdivision; thence run South along the West property line of said lot 301 feet to the Southwest corner of said Lot 4, thence run East along the South property line of said lot 325 feet to the Northwest corner of Lot 10, Crestwood Gardens Subdivision; thence run South along the West property line of said lot 325 feet to the Southwest corner of said Lot 10; thence run East along the South property line of said lot 325 feet to a point on the West margin of 10th Street, S. E.; thence run North along said West margin 630 feet to the Northeast corner of Lot 5, Crestwood Gardens Subdivision; thence run East 50 feet, more or less, to a point on the East margin of 10th Street, S. E.; thence run North along said East margin 357 feet, more or less, to a point 200 feet South of the Southeast corner of 10th Street, S. E. and 12th Avenue, S. E.; thence run East parallel to the South margin of 12th Avenue S. E. 100 feet to a point; thence run North parallel to the East margin of 10th Street, S. E. 200 feet to a point on the South margin of 12th Avenue, S. E.; thence run East along said South margin 400 feet, more or less, to a point on the Old East City Limits Line as defined by the Acts of 1943, Ga. L. 1943, pp. 1458, et. seq., said line is three-quarters of a mile East of and parallel to a straight line running North and South through the center of the County Courthouse Square; thence run North along said Old City Limits Line 443 feet, more or less, to the South Original Lot Line of Land Lot Number 292 in the 8th Land District of Colquitt County; thence run East along the South Original Lot Lines
4958 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
of Land Lots Numbers 292, 293 and 294 in the 8th Land District of Colquitt County a distance of 10,250 feet, more or less, to a point where said South Original Lot Line of Land Lot 294 intersects with the Southwest margin of the Moultrie-Quitman Highway Number 33; thence run in a Southeasterly and Southerly direction along the West margin of the said Moultrie-Quitman State Highway to the point of intersection of the West margin of said Highway with a point opposite the Southwest corner of Spence Field, thence run North 69 degrees 17' East 227 feet, thence run North 25 degrees 30' West 783 feet, thence run South 86 degrees 30' East 418.6 feet, thence run South 29 degrees 20' East 597.4 feet, thence run North 69 degrees 17' East 575.64 feet, thence run North 72 degrees 54' East 1299.84 feet, thence run North 79 degrees 59' East 859.14 feet, thence run North 7 degrees 22' West 1229.54 feet, thence run North 31 degrees 58' East 828.5 feet, thence run South 44 degrees 55' East 1493.2 feet, thence run North 45 degrees 05' East 1600 feet, thence run North 44 degrees 55' West 780 feet, more or less, to the Sardis Church Road, thence run generally Northwesterly along the right-of-way of said road 7835 feet to monument No. 12 on Spence Field, thence run North 81 degrees 05' West 1773.93 feet, thence run North 82 degrees 52' West 600.82 feet, thence run South 89 degrees 16' West 803.58 feet, thence run North 88 degrees 19' West 3690.86 feet, thence run South 01 degree 36' West 2391.97 feet, thence run North 88 degrees 30' West 1116.10 feet to the East margin of the Moultrie-Quitman State Highway, thence run in a northwesterly direction along the East margin of the Moultrie-Quitman State Highway to its intersection with the South original Lot Line of Land Lot 294 in the 8th Land District of Colquitt County, thence run North parallel with the Old East City Limits Line a distance of 4530 feet, thence run West parallel with the South Lot Lines of Lots 294 and 293 a distance of 3600 feet to the East margin of 23rd Street N. E.; thence run in a Northeasterly direction along the East margin of said road to the South margin of the right-of-way of the Georgia & Florida Railroad, thence run in a Westerly direction along the South margin of said railroad right-of-way to the Northwest corner of Lot 1 in Block A of the First Addition to Kingwood Heights Subdivision, thence run West parallel with the South Lot Line of Lot 293 to the East Original Lot
GEORGIA LAWS 1984 SESSION
4959
Line of Land Lot Number 261 in the 8th Land District of Colquitt County; thence run North along the East Original Lot Line of said Land Lot Number 261, 4000 feet, more or less, to its intersection with an extension Eastward of the Old North City Limits Line of the City of Moultrie as defined by the Acts of 1943, Ga. L. 1943, pp. 1458 et. seq., which line lies three-quarters of a mile North of and parallel to a straight line running East and West through the center of the County Courthouse Square; thence run South 89 degrees 41' West along said extension of the Old North City Limits Line 4750 feet, more or less, to the East Lot Line of Original Land Lot Number 262 in the 8th Land District of Colquitt County; thence run North 1 degree 30' West along the East Original Lot Line of said Land Lot Number 262 and along the East Original Lot Line of Land Lot 245 in the 8th Land District of Colquitt County 1215.6 feet, more or less, to the Northeast corner of Section 4 of the J. B. Norman, Jr., Subdivision of said Land Lot 245 as shown by a plat thereof recorded in Deed Book V, Pages 432-433, Colquitt County Records; thence run South 89 degrees 31' West along the North lines of Sections 4, 5 and 12 of said J. B. Norman, Jr. Subdivision of Land Lot 245 3065.4 feet to a point which is 210 feet East of the intersection of said Line with the East margin of the right-of-way of U. S. Highway 319 (First Street, N. E.); thence run North parallel to and 210 feet from the East margin of the rightof-way of U. S. Highway 319 a distance of 250 feet, thence run East 172 feet; thence run North 215 feet; thence run South 70 degrees West 194.5 feet to a point that is on a line perpendicular to the center line of U. S. 319 and which is 210 feet from the East margin of the right-of-way of said Highway; thence run North parallel to and 210 feet from the East margin of the right-of-way of U. S. 319 a distance of 1300 feet; thence run West parallel with said Old City Limits Line 1200 feet, more or less, to the West margin of the Old Moultrie-Sylvester State Highway; thence run in a Southerly direction along the West margin of said Old Moultrie-Sylvester State Highway 1025 feet, more or less, to the Northeast corner of property of Lloyd Baxter, thence run South 89 degrees 05' West 141.95 feet to an iron pin; thence run South 05 degrees 50' East 539.95 feet to a nail driven into concrete, this line runs along and East of a spur railroad track being 6 feet from the center line of said spur
4960 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
track at the nearest point; thence run South 83 degrees 40' West 169.8 feet to an iron pin, and the East right-of-way of the Georgia Northern Railroad; thence run along the East margin of said Georgia Northern Railroad the following calls: South 11 degrees 24' East 55.35 feet, South 14 degrees 42' East 100.0 feet, South 19 degrees 21' East 100.0 feet, South 25 degrees 04' East 46.75 feet to an iron pin, South 07 degrees 50' East 50.33 feet to an iron pin, North 84 degrees 09' East 15.79 feet to an iron pin, South 30 degrees 41' East 71.1 feet, South 35 degrees 08' East 100.0 feet to an iron pin, South 86 degrees 00' West 18.8 feet to an iron pin, South 37 degrees 36' East 68.45 feet, South 42 degrees 34' East 100.0 feet, South 46 degrees 15' East 100.0 feet to an iron pin; thence leaving said railroad right-of-way run North 47 degrees 31' East 54.35 feet to an iron pin and the West margin of the old Moultrie-Sylvester State Highway and North Main Street extended; thence run South along the West margin of the old Moultrie-Sylvester State Highway and North Main Street extended a distance of 240 feet, more or less, to the South margin of the right-of-way of the Georgia Northern Railroad; thence run in a Northwesterly direction along the South margin of the right-of-way of the Georgia Northern Railroad 333.45 feet; thence continue in a Northwesterly direction along an arc delineated by an Old Fence on the south margin of property of the Georgia Northern Railway Company 405.05 feet, more or less, to the South margin of property of Swift & Company; thence run North 87 degrees 38' West 29 feet; thence run South 00 degrees 44' West 837.3 feet to said Old North City Limits line; thence run West along said Old North City Limits line 435 feet, more or less, to the East margin of the right-of-way of Alternate Moultrie-Albany State Highway Number 133; thence run Northwesterly along the East margin of said State Highway Number 133 a distance of 2070 feet, more or less, to the Southwest corner of property of Agricultural Chemical Company; thence run North 59 degrees 45' East 546 feet; thence run North 15 degrees 41' West 80.6 feet to the South margin of the West Bypass; thence run along the South margin of said Bypass South 86 degrees 35' West 160.55 feet, South 84 degrees 54' West 100.0 feet, South 80 degrees 55' West 100.00 feet, South 77 degrees 41' West 100.0 feet, South 73 degrees 14' West 100.0 feet, South 70 degrees 45' West 29.1 feet; thence run West across Alter-
GEORGIA LAWS 1984 SESSION
4961
nate Moultrie-Albany State Highway Number 133 and in a Southwesterly direction along the South margin of said West Bypass to its intersection with the East margin of Eighth Street, N.W., extended; thence run West parallel with the Old North City Limits Line to a point 4900 feet West of the East margin of the right-of-way of said Alternate State Highway Number 133; thence run South parallel with the Old West City Limits line of the City of Moultrie as defined by the Acts of 1943, Ga. L. 1943, pp. 1458 et seq., which Old West City Limits line is located three-quarters of a mile West of and parallel to a straight line running North and South through the center of the Courthouse Square, to a point 1000 feet from the center line of the MoultrieCamilla State Highway Number 37 measured along a line perpendicular to the center line of said Highway; thence run in a Northwesterly direction along a line parallel to and 1000 feet North of the center line of said Moultrie-Camilla State Highway a distance of 1540' + to the East boundary of Camilla Heights Subdivision; thence run S. 02 degrees 56' East along said East boundary 370' + to a point on a line 100' North of and parallel to the North line of Lot 17, Block 3, Camilla Heights Subdivision; thence run N. 75 degrees West along aforementioned line 940' + to the West margin of the right-of-way of Washington Street; thence run N. 15 degrees East along the West margin of said Street right-of-way 65' + to the North property line of Lot 15, Block 3, Camilla Heights Subdivision; thence run N. 75' West along said North property line 420'; thence N. 15 degrees East 300 feet; thence N. 75 degrees W. 281 feet; thence N. 15' East 90' + to a point on a line 1000 feet North of center line of Moultrie-Camilla State Highway; thence run Northwesterly along said line 950' + to the center line of Hamilton road in Camilla Heights Subdivision; thence run South along the center line of said Hamilton Road a distance of 1000 feet to the center line of said MoultrieCamilla State Highway; thence continue in a Southerly direction along an extension of the center line of said Hamilton Road a distance of 500 feet; thence run in a Southeasterly direction along a line parallel to and 500 feet South of the center line of said Moultrie-Camilla State Highway a distance of 3,410 feet, more or less, to the Northwest property line of lands of A. A. Eaton; thence run S. 80 degrees 10' 05" W. 175 feet, more or less, to the
4962 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Northwest property corner of lands of A. A. Eaton; thence run S. 14 degrees 45' E. 230' to the North margin of the right-of-way of Georgia State Highway No. Ill; thence run S. 19 degrees 18' 47" E. 130 feet to the South margin of the right-of-way of said State Highway; thence run Southwesterly along the South margin of said State Highway right-ofway an arc distance of 444.32 feet; thence run S. 00 degrees 56' 02" E. 446.22 feet; thence run S. 89 degrees 50' 04" E. 568.26 feet to the West margin of the right-of-way of County Road 336-11071; thence run N. 00 degrees 56' 02" W. 664.25 feet to the South margin of the right-of-way of State Highway No. Ill; thence run N. 19 degrees 18' 47" W. 130 feet to the North margin of the right-of-way of said State Highway; thence N. 70 degrees 41' 13" E. along said North margin of State Highway right-of-way 170 feet; more or less to a point of previously described line 500 feet South of and parallel to the center line of Moultrie-Camilla State Highway; thence run Southeasterly along said line 1650 feet, more or less to the center line of the Ochlocknee River; thence run various courses and distances in a Southerly direction along the center line of the Ochlocknee River 7950 feet, more or less, to a point 3250 feet West of the Southwest corner of the Old City Limits of the City of Moultrie as defined by the Acts of 1943, Ga. L. 1943, pp. 1458 et seq.; thence run Southeasterly to a point on the North original lot line of Land Lot 336 which point is 1855.11 feet West of Northeast corner of said lot; thence run South 89 degrees 45' West along said lot line 438 feet; thence run South 9 degrees 30' West 163 feet, thence run South 9 degrees 45' West 14 feet, thence run South 13 degrees 04' East 243 feet, thence run South 1 degree 49' East 168 feet, thence run South 7 degrees 52' East 147.6 feet, thence run South 69 degrees 05' East 225 feet, thence run North 58 degrees 55' East 200 feet, thence run North 66 degrees 55' East 140 feet, thence run South 89 degrees 25' East 188 feet, thence run South 02 degrees 17' West 140 feet, thence run South 42 degrees 52' West 66.2 feet, thence run South 54 degrees 22' West 300 feet, thence run South 26 degrees 38' East 555 feet, thence run North 75 degrees 48' East 572 feet, thence run South 31 degrees 04' East 391.4 feet, thence run South 28 degrees 30' East 300 feet to the North margin of the right-of-way of the Moultrie-Meigs Post Road; thence run in a Southwesterly direction along the North margin of the
GEORGIA LAWS 1984 SESSION
4963
right-of-way of said Moultrie-Meigs Post Road 516 feet to a point which is 1902 feet West of the East original lot line of Land Lot 336 in the 8th Land District of Colquitt County, Georgia, measured along the North margin of said Post Road, thence run North 60 degrees 42' West 371.3 feet, thence run South 87 degrees 33' West 657.5 feet to the center of the run of the Ochlocknee River, thence run along the center of the run of the Ochlocknee River in a direction generally South 5 degrees 25' West to lands of Robert 0. Morton, thence run South 61 degrees 4' East 143.6 feet, thence run South 28 degrees 56' West 360 feet, thence run South 61 degrees 4' East 460 feet to the South margin of the right-of-way of the Moultrie-Meigs Post Road, thence run Southwesterly along the South margin of said right-of-way to the center of the run of Ochlocknee River, thence run in a Southerly direction along the center of the run of said river 2400 feet, more or less, to the Southeast corner of property of Jack Smith in Land Lot 355 in the 8th Land District of Colquitt County, Georgia; thence run westerly along the south property line of property of Jack Smith 2425 feet, more or less, to the Southwest corner of property of Jack Smith; thence run North 82 degrees 30' W. 1675 feet; thence run S. 63 degrees 30' W. 1260 feet; thence run due South 355'; thence run N. 87 degrees 00' E. 5350 feet, more or less, to the center of the run of Ochlocknee River; thence run in a Southerly direction along the center of the run of said river to its intersection with the South Lot Line of Land Lot 355 in the 8th Land District of Colquitt County, Georgia, thence run in an Easterly direction along the South lot line to the Southeast corner of said lot, thence run in a Northerly direction along said East lot line 555.5 feet to the North right-of-way of Clubview Drive; thence run in an Easterly direction along said North right-of-way 246.84 feet to the Northwest corner of Clubview Drive and Holly Trail; thence run in a Northerly direction along the West right-ofway of Holly Trail 365.1 feet to the Northeast corner of Lot 2, Block 7, Clubview Subdivision Section 2; thence run in a Northwesterly direction 280 feet, along the North property line of said Lot 2, to a point on the East land lot line of Land Lot 355; thence run in a Northerly direction along said East lot line to the original Southwest corner of Land Lot 337 and the point of beginning; EXCEPT that there shall not be included in said City of Moultrie that area encompassed
4964 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
within the present corporate limits of the Town of Riverside; the 14.34 acre tract described in the deed from the Moultrie-Colquitt County Development Authority to Bedford D. Maule and June D. Maule recorded in Deed Book 264, Pages 104,105, Colquitt County Records, which tract is located on Spence Field; Lots 4 and 5 of`Property of John M. Rhodes' as shown by a plat prepared by J. M. Leverett, C.E., under date of 5-9-1953 and recorded in Plat Book 1, Page 296, Colquitt County Records; a tract described as beginning at a point on the East margin of the Moultrie-Thomasville Highway, U. S. 319, South 23 degrees 30' East 1194 feet and North 66 degrees 30' East 100 feet from the intersection of the West margin of said Highway with the South lot line of Land Lot 337 in the 8th Land District of Colquitt County, Georgia, thence run North 23 degrees 30' West along the East margin of said Highway 300 feet, thence run North 60 degrees 30' East 290 feet, thence run South 23 degrees 30' East 300 feet, thence run South 66 degrees 30' West 290 feet to the point of beginning; a tract described as beginning at a point on the East margin of the Moultrie-Thomasville Highway, U. S. 319, South 23 degrees 30' East 110 feet from the Southwest corner of the immediately preceding tract, thence run North 66 degrees 30' East 827 feet, more or less, to the West margin of the Old Moultrie-Thomasville Road; thence run South 9 degrees 50' West along the West margin of the Old Moultrie-Thomasville Road to the Northeast corner of Lot 4 of the property of A. C. Clark, thence run South 80 degrees 10' West 191.2 feet to the Southeast corner of property of Jemique C. Harrell, thence run North 26 degrees 30' West 150 feet, thence run South 63 degrees 30' West 280 feet to the East margin of the MoultrieThomasville Highway, U. S. 319, thence run North 23 degrees 30' West along the East margin of said Highway 259.3 feet to the point of beginning; the property of the Drive In Theater described as beginning at a point on the East margin of the Old Moultrie-Thomasville Road at its intersection with the Moultrie-Thomasville Highway, U. S. 319, thence run South 85 degrees 15' East 1001 feet, thence run North 9 degrees 35' East 800 feet, thence run North 85 degrees 15' West 1001 feet, more or less, to the East margin of the Old Moultrie-Thomasville Road, thence run South 9 degrees 50' West along the East margin of said road to the
GEORGIA LAWS 1984 SESSION
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point of beginning, a tract described as beginning at the intersection of the South lot line of Land Lot 337 in the 8th Land District of Colquitt County, Georgia, with the East margin of the right-of-way of the Georgia Northern Railroad, thence run South 88 degrees 30' West along said lot line 645 feet, thence run South 9 degrees 59' West 600 feet, thence run North 88 degrees 59' West 820 feet, more or less, to the East margin of the right-of-way of the Georgia Northern Railroad, thence run Northwesterly along the East margin of said railroad right-of-way to the point of beginning; and property of H. S. Glenn located on the North side of the Moultrie-Meigs Post Road and fronting South on said road 200 feet with a depth of 300 feet."
Section 2. Said Act is further amended by striking in its entirety Section 27A and inserting in its place a new Section 27A to read as follows:
"Section 27A. The mayor and council shall issue not more than four licenses for the sale of alcoholic beverages and liquors plus one additional license for each 3,865 citizens in the City of Moultrie, according to the United States decennial census of 1980, or any future such census. No license shall be issued to any applicant who is an elected or appointed official or employee of the City of Moultrie or who is related within the first degree to any such official or employee nor to any applicant who has been such an official or employee or related within the first degree to any such official or employee within a period of four years following the date any such person ceased to be such an official or employee or ceased to be related to any such official or employee. All applicants for such licenses shall have been residents of the City of Moultrie for a period of one year prior to the date of their application for a license."
Section 3. The following specific laws and parts of laws are repealed in their entirety:
(1) Sections 1 through 7 of an Act to amend the charter of the City of Moultrie, approved March 6, 1956 (Ga. L. 1956, p. 2830);
(2) Sections 1 and 2 of an Act to amend the charter of the City of Moultrie, approved March 13,1957 (Ga. L. 1957, p. 2994);
4966 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(3) Sections 1 through 9 of an Act to amend the charter of the City of Moultrie, approved March 17, 1958 (Ga. L. 1958, p. 2441); and
(4) An Act to amend an Act creating and establishing a new charter for the City of Moultrie, approved March 12,1970 (Ga. L. 1970, p. 2586).
Section 4. All laws and parts of laws in conflict with this Act are repealed.
Notice of Local Bill.
Notice is hereby given of intention to apply for the passage at the 1984 regular session of the General Assembly of Georgia a local bill to amend "An Act to create and establish a new charter for the City of Moultrie" approved March 31,1943, (Ga. Laws 1943, pp. 1458-1498), and Acts amendatory thereof, and for other purposes.
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Hugh 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 Weekly Moultrie Observer which is the official organ of Colquitt County, on the following date: February 1,1984.
/s/ Hugh D. Matthews Representative, 145th District
GEORGIA LAWS 1984 SESSION
Sworn to and subscribed before me, this 10th day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 28,1984.
4967
CITY OF BLAIRSVILLE -- NEW CHARTER.
No. 1096 (House Bill No. 1686).
AN ACT
To reincorporate the City of Blairsville in the County of Union; to create a new charter for said city; to provide its corporate limits; to provide for the government of said city; to provide for the officials thereof; to provide for their powers and duties; to provide for their terms of office; to provide for the organization and administration of said city; to provide for finance and fiscal matters; to provide for election and removal of officers; to provide for a city court; to provide for miscellaneous provisions; to provide for other matters relative to the foregoing; to provide an effective date; to repeal certain specific laws; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
ARTICLE I INCORPORATION AND POWERS
Section 1.10. Incorporation and corporate limits, (a) The City of Blairsville in the County of Union, and the inhabitants thereof, shall continue to be a body politic and corporate under the name and style of the "City of Blairsville," hereinafter referred to at
4968 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
times as the "city," and by that name shall have perpetual succession; may bring and defend actions, and plead and be impleaded in all courts of law and equity, and in all actions whatsoever; may contract and be contracted with; may acquire and hold such property, real and personal, as may be devised, bequeathed, sold, or in any manner conveyed or dedicated to or otherwise acquired by it, and from time to time may hold or invest, sell, or dispose of the same, may have and use a common seal and change it at pleasure.
(b) The corporate limits of the City of Blairsville shall be as follows:
Beginning at a point South 85 degrees 25' East 2640 feet from the center of the Square located in the City of Blairsville, Georgia, being the square upon which the former Union County Courthouse is located (said Square being eliptical in shape); thence South 88 degrees 59' 07" East 211.16 feet to a concrete monument at a fence corner; thence seven courses and distances Easterly along a fence line as follows: South 84 degrees 37' 23" East 206.05 feet, South 84 degrees 30' 11" East 213.37 feet, South 85 degrees 44' 02" East 488.78 feet, South 79 degrees 02' 20" East 185.29 feet, South 87 degrees 10' East 280.0 feet, North 88 degrees 45' East 170.0 feet, and North 80 degrees 30' East 182.0 feet to a 36-inch White Oak Tree; thence North 10 degrees 00' West 692.0 feet; thence North 85 degrees 55' East 339 feet; thence South 83 degrees 10' East 183.0 feet; thence South 68 degrees 45' East 235.0 feet; thence South 47 degrees 00' East 116.0 feet; thence South 24 degrees 30' East 280.0 feet; thence South 53 degrees 00' East 248.0 feet; thence South 72 degrees 30' East 158.0 feet; thence South 77 degrees 30' East 240.0 feet; thence South 70 degrees 30' East 155.0 feet; thence South 47 degrees 00' East 660.0 feet; thence South 74 degrees 00' East 257.0 feet; thence South 67 degrees 10' East 406.0 feet to a point on the East line of Land Lot 271 of the 9th District, 1st Section of Union County, Georgia; thence South along said East land lot line 640.0 feet to the Southeast corner of said Land Lot 271 and Northeast corner of Land Lot 306 of the 9th District, 1st Section of Union County, Georgia; thence South along the East line of Land Lot 306 to the Southeast corner of Land Lot 306; thence West along the South line of Land Lot 306 to the Southwest corner of Land Lot 306; thence North 12 degrees 00' West 1194.0 feet; thence North 13 degrees 30' West 1019.0 feet; thence North 26 degrees 30' West 40.0 feet; thence North 64 degrees 38' East 168.0 feet; thence North 25 degrees 22' West 400.0 feet; thence South 64 degrees 38' West 141.0 feet; thence South 02 degrees 46' 02" East
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4969
300.43 feet to an iron pin; thence North 77 degrees 48' 15" West 64.83 feet to an iron pin; thence North 56 degrees 35' 23" West 212.12 feet (arc equals 212.22 feet); thence North 47 degrees 21' 31" West 70.52 feet (arc equals 70.70 feet); thence North 60 degrees 19' 19" West 171.84 feet (arc equal 173.16 feet); thence North 78 degrees 45' 06" West 120.56 feet (arc equals 120.69 feet) to an iron pin; thence North 00 degrees 19' 05" East 23.54 feet to an iron pin; thence South 42 degrees 58' 05" West 71.00 feet to an iron pin; thence South 77 degrees 36' 05" West 100.00 feet; thence South 60 degrees 16' 05" West 28.0 feet; thence South 30 degrees 30' 54" West 59.87 feet to an axle embedded in the ground; thence South 06 degrees 49' 25" East 2.28 feet to a point on the North right of way line of Shoe Factory Road; thence 3 courses and distances Southwesterly along the North right of way line of Shoe Factory Road (which is also known as Union County Road No. 11) as follows: South 81 degrees 46' 07" West 31.26 feet (arc equals 31.26 feet) to an iron pin; South 69 degrees 00' 28" West 208.97 feet (arc equals 210.50 feet), and South 61 degrees 13' 08" West 106.83 feet (arc equals 106.83 feet); thence leaving the North right of way line of Shoe Factory Road and going North 11 degrees 42' 09" East 143.91 feet to an iron pin; thence North 83 degrees 38' 14" West 55.10 feet to an iron pin; thence twelve (12) courses and distances each to an iron pin as follows: North 04 degrees 51' 17" East 106.00 feet, North 04 degrees 39' 55" West 106.00 feet, North 03 degrees 47' 24" West 103.74 feet, North 08 degrees 04' 47" East 99.34 feet, North 09 degrees 33' 55" East 101.95 feet, North 04 degrees 44' 12" East 104.93 feet, North 07 degrees 34' 01" West 111.51 feet, North 29 degrees 42' 59" West 107.83 feet, North 32 degrees 24' 14" West 97.06 feet, North 25 degrees 37' 22" West 97.48 feet, North 27 degrees 53' 57" West 107.66 feet, and South 55 degrees 20' 29" West 126 feet to an iron pin on the East right of way line of Mountain View Drive (which is also known as Union County Road No. 269); thence North 19 degrees 17' 36" West 28.9 feet to a point which is South 70 degrees 49' East 2640.0 feet from the center of the former Union County Courthouse Square; thence Southerly, Northerly and Southerly circumferentially at a distance of 2640 feet from the center of the former Union County Courthouse Square in the City of Blairsville, Georgia at a radius of 2640 (one-half mile) from the center of said Square to the point of beginning.
The above described property is located in Land Lots 267, 268, 269, 271, 272, 273, 274, 303, 304, 305, and 306 of the 9th District, 1st Section of Union County, Georgia.
4970 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
The following abbreviations were used in the above description: ' Minutes, and " - Seconds.
Section 1.11. Specific powers. Consistent with the provisions of the general laws of this state, the government of the City of Blairsville shall have power:
(1) To levy and to provide for the assessment, valuation, reevaluation, and collection of taxes on all property subject to taxation;
(2) To levy and to provide for the collection of license fees and occupation taxes on privileges, persons, firms, corporations, businesses, occupations, trades, and professions; to license and regulate such privileges, persons, firms, corporations, businesses, occupations, trades, and professions; and to provide for the manner of payment of such licenses and taxes;
(3) To make appropriations for the support of the government of the city to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia, and to provide for the payment of expenses of the city;
(4) To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia;
(5) To acquire, dispose of, and hold in trust or otherwise, any real, personal, or mixed property, inside or outside the corporate limits of the city;
(6) To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to the powers and duties of the city and the general welfare of its citizens on such terms and conditions as the donor or grantor may impose;
(7) To condemn property, inside or outside the corporate limits of the city for present or future use, and for any corporate purpose deemed necessary by the mayor and council, under Title 22 of the Official Code of Georgia Annotated.
GEORGIA LAWS 1984 SESSION
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(8) To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including but not limited to a system of waterworks, sewers and drains, sewage disposal, gas works, electric light plants, transportation facilities, public airports, and any other public utility; to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties applicable thereto; to withdraw service for refusal or failure to pay such taxes, charges, rates, fares, fees, and assessments; and to fix the manner in which such remedies shall be enforced;
(9) To grant franchises or make contracts for public utilities and public services; to prescribe the rates, fares, regulations, standards, and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with regulations of the Public Service Commission;
(10) To lay out, open, extend, widen, narrow, establish, or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, otherwise improve, maintain, repair, clean, prevent erosion of, and light streets, roads, alleys, and walkways within the corporate limits of the city;
(11) To grant franchises and rights of way through the streets and roads, and over the bridges and viaducts, for the use of public utilities;
(12) To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks, and playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, sewers, drains, sewage treatment, airports, hospitals, and charitable, recreational, conservation, sport, curative, corrective, detentional, penal and medical institutions, agencies, and facilities; and any other public improvements, inside or outside the corporate limits of the city; and to regulate the use thereof;
(13) To regulate the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, and electrical codes and to regulate all housing, building, and building trades; to license all building trades, and to license the construction and erection of buildings and all other structures;
4972 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(14) To provide for the prevention and punishment of vice, obscenity, immorality, vagrancy, drunkenness, riots, disturbances, lewd exhibitions, disorderly conduct, and breaches of the peace;
(15) To regulate or prohibit junk dealers; pawn shops; the manufacture, sale, or transportation of intoxicating liquors; the use and sale of firearms; and the use and sale of fireworks; and to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials; the use of lighting and heating equipment; and any other business or situation which may be dangerous to persons or property;
(16) To regulate and control the conduct of peddlers, and itinerant trades, theatrical performances, exhibitions, shows of any kind whatever, by taxation or otherwise;
(17) To license, tax, regulate, or prohibit professional fortunetelling or palmistry;
(18) To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights of way of streets and roads within the corporate limits of the city and to prescribe penalties and punishment for violation of such ordinances;
(19) To prescribe standards of health and sanitation and to provide for the enforcement of such standards;
(20) To regulate the emission of smoke or other exhaust which pollutes the air and to prevent the pollution of lakes and natural streams which flow within the corporate limits of the city;
(21) To fix and establish fire limits and from time to time to extend, enlarge, or restrict same; to prescribe fire safety regulations relating to fire prevention, detection, and fire fighting; and to prescribe penalties and punishment for violation thereof;
(22) To provide for the destruction and removal of any building or other structure which may or might become dangerous or detrimental to the public;
GEORGIA LAWS 1984 SESSION
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(23) To provide for the collection and disposal of garbage, rubbish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by others;
(24) To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal and other sanitary service charges for such services as may be necessary in the operation of the city, from all individuals, firms, and corporations residing in or doing business therein benefiting from such services; to enforce the payment of such service charges; and to provide for the manner and method of collecting such service charges;
(25) To levy a fee, charge, or tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of water treatment facilities and a water distribution system and a sewage disposal plant and sewage system both inside and outside the corporate limits; and to levy on the users of the water treatment and distribution system and sewers and sewage system a water and/or sewer service charge fee or water and/or sewer tax for the use of the water system and sewers; and to provide for the manner and method of collecting such service charge and for enforcing payment of same;
(26) To charge, impose, and collect a sewer connection fee or fees, and to change the same from time to time, such fees to be levied on the users connecting with the sewage system;
(27) To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental, or likely to be detrimental, to the health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city and to provide for the enforcement of such standards;
(28) To define a nuisance and provide for its abatement;
(29) To provide for the preservation and protection of property and equipment of the city and the administration and use of same by the public, and to prescribe penalties and punishment for violations thereof;
(30) To establish minimum standards for and regulate building construction and repair, electrical wiring and equipment, gas installation and equipment, plumbing, and housing for the
4974 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
health, sanitation, cleanliness, welfare, and safety of inhabitants of the city and to provide for the enforcement of such standards and regulations;
(31) To provide that persons given jail sentences by the city court shall work out such sentence in any public works or on the streets, roads, drains, and squares in the city, or to provide for commitment of such persons to any county work camp or jail by agreement with the appropriate county officials;
(32) To adopt ordinances and regulations for the prevention of idleness, loitering, vagrancy, disorderly conduct, public drunkenness, and disturbing the peace in the corporate limits of the city and to prohibit the playing of lotteries therein; and to prohibit or regulate such other conduct and activities within said city which are detrimental to the peace and good order of the city and to the welfare and morals of the citizens thereof;
(33) To regulate and license or prohibit the keeping or running at large of animals and fowl; and to provide for the impoundment of same when in violation of any ordinance or lawful order; also to provide for their disposition by sale, gift, or humane destruction, when not redeemed as provided by ordinance; to provide punishment for violation of ordinances enacted hereunder;
(34) To regulate the operation of motor vehicles and exercise control over all traffic, including parking, upon or across the streets, roads, alleys, and walkways of the city;
(35) To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in amounts prescribed by ordinance; and to regulate and rent parking spaces in public ways for the use of such vehicles;
(36) To provide and maintain a system of pensions and retirement for officers and employees of the city;
(37) To levy and provide for the collection of special assessments to cover the costs for any public improvements;
GEORGIA LAWS 1984 SESSION
4975
(38) To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations providing for services to be furnished and payments to be made therefor;
(39) To create, alter, or abolish departments, boards, offices, commissions, and agencies of the city, and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to same;
(40) To make, ordain, and establish such bylaws, ordinances, rules, and regulations as shall appear necessary for the security, welfare, convenience, and interest of the city and the inhabitants thereof, and for preserving the health, morals, peace, order, and good government of the city;
(41) To provide penalties for violations of any ordinance adopted pursuant to the authority of this charter and the laws of the State of Georgia; and
(42) To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, morals, and general welfare of the city and its inhabitants; and to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully enumerated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia. No enumeration of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers; but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia.
Section 1.13. General powers. In addition to all other powers herein granted, the City of Blairsville shall be vested with any and all powers which municipal corporations are or may hereafter be authorized or required to exercise under the Constitution and laws of the State of Georgia as fully and completely as though such powers were specifically enumerated herein, and any and all powers which the City of Blairsville was heretofore authorized to exercise upon the effective date of this charter.
4976 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 1.14. Construction. The powers of the City of Blairsville shall be construed liberally and in favor of the city. The specific mention or failure to mention particular powers in this charter shall not be construed as limiting in any way the general power of the city as stated in this charter. It is the intention hereof to grant to the city full power and right to exercise all governmental authority necessary for the effective operation and conduct of the City of Blairsville within its corporate limits and the authority to conduct all its affairs inside and, as authorized, outside the corporate limits.
ARTICLE II MAYOR AND COUNCIL
Chapter 1 General Provisions
Section 2.10. Creation and composition; number. The corporate powers and the municipal government of the City of Blairsville shall be vested in a mayor and city council. There shall be five members of the city council known as council members. The mayor and council members shall be elected for the terms of office, at the times, and in the manner provided by Article VI of this charter.
Section 2.11. Qualifications of office. No person shall be eligible to serve as mayor or council member unless such person shall have attained the age of 21 at the beginning of the term of office and unless such person shall have been a resident of the city for a period of one year immediately prior to the date of such person's election and shall continue to reside therein during the term of office and shall be registered and qualified to vote in municipal elections of the City of Blairsville. Neither the mayor nor any council member shall be employed by, contract with, or hold any other elective or appointive office in the city.
Section 2.12. Vacancies, (a) The office of mayor or council member shall become vacant upon the incumbent's death, resignation, or removal from office as provided in Chapter 2 of Article VI of this charter.
(b) A vacancy in the office of mayor shall be filled by the council appointing one of its number to fill such vacancy as follows:
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(1) If the vacancy occurs during the first two years of a term of office, the appointment shall be until a successor is elected for the unexpired term at the next regular municipal election; or
(2) If the vacancy occurs during the last two years of a term of office, the appointment shall be for the remainder of the unexpired term.
(c) A vacancy in the office of council member, including a vacancy created by the appointment of a council member as mayor under subsection (b) of this section, shall be filled by the remaining council members as follows:
(1) If the vacancy occurs during the first two years of a term of office, the appointment shall be until a successor is elected for the unexpired term at the next regular municipal election; or
(2) If the vacancy occurs during the last two years of a term of office, the appointment shall be for the remainder of the unexpired term.
Section 2.13. Compensation and expenses. The mayor and council members shall receive as compensation for their services an amount fixed by ordinance in conformity with the requirements of Chapter 35 of Title 36 of the Official Code of Georgia Annotated, the "Municipal Home Rule Act of 1965." Until their compensation is changed as provided herein, the mayor and council members shall receive the compensation authorized for said officers immediately preceding the effective date of this charter. The mayor and council members shall be entitled to receive their actual and necessary expenses incurred in the performance of the official duties of their offices.
Section 2.14. General powers of the mayor and council, (a) Except as otherwise provided by law or this charter, all the powers of the City of Blairsville shall be vested in the city council.
(b) In the exercise of its powers, the city council shall adopt and provide for the execution of such ordinances, rules, and regulations, not inconsistent with this charter or the laws of the State of Georgia, as may be necessary or expedient for the peace, good order, protection of life and property, health, welfare, sanitation, comfort, convenience, morals, prosperity, and well being of the inhabitants of the City of
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Blairsville and may enforce such ordinances by imposing penalties for violations thereof.
(c) The city council may by ordinance create, change, alter, abolish, and consolidate departments and may assign additional functions to any of the offices, agencies, departments, boards, or commissions created by or pursuant to this charter.
Section 2.15. Inquiries and investigations. The city council may make inquiries and investigations into the affairs of the City of Blairsville and into the conduct of any department, office, or agency or any officer or employee thereof and for this purpose may subpoena witnesses or documents, records or other evidence, administer oaths, take testimony, and require the production of evidence. Any subpoena shall be issued by the clerk of the city council upon its application. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the city council shall be punished by a fine not exceeding $100.00 or by confinement for not more than five days in jail or both in the discretion of the city council.
Section 2.16. Financial management. The mayor and city council shall budget, provide for audits, and otherwise conduct the financial management of the City of Blairsville in accordance with the provisions of Article IV and V of this charter and Chapter 81 of Title 36 of the Official Code of Georgia Annotated, the "Local Government Financial Management Standards Act."
Chapter 2 Mayor
Section 2.20. Powers and duties; generally. The mayor shall be the official spokesman for the city and the chief advocate of policy. The mayor shall preside at meetings of the city council and may vote on a question before the council only to break a tie. The mayor shall sign ordinances and resolutions on their final passage; shall sign deeds, bonds, contracts, and other instruments and documents authorized and executed on behalf of the city. The mayor shall have the power to declare emergencies in the event of civil or other disorder which might prove detrimental to the welfare of the inhabitants of the City of Blairsville. The mayor shall be recognized as the official head of the city by the courts for the purpose of serving civil process and by the public for all ceremonial purposes. The mayor shall have power to administer oaths and perform such other duties imposed by this charter or by ordinance not inconsistent therewith.
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Section 2.21. Mayor pro tempore. During the absence or disability of the mayor for any cause, the mayor pro tempore or, in the absence or disability of the mayor pro tempore, any member of the city council chosen from its membership shall be clothed with all the rights and privileges of the mayor and shall perform the duties of the office of mayor so long as such absence or disability shall continue.
Chapter 3 Organization and Procedure
Section 2.30. Organization meeting. The city council shall meet for organization on the third Saturday in September following each municipal election. The meeting shall be called to order by the city clerk and the oath of office shall be administered to the newly elected members as follows:
"I do solemnly swear (or affirm) that I will well and truly perform the duties of mayor (or council member as the case may be) of the City of Blairsville and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America. So help me God."
Following the induction of members, the city council by majority vote of all the members thereof shall elect one of its number to be mayor pro tempore, who shall serve for a term of two years and until a successor is elected and qualified.
Section 2.31. Regular and special meetings, (a) The city council shall hold regular meetings at such times and places as prescribed by resolution. The city council may recess any regular meeting and continue such meeting on any weekday or hour the council may fix. The council may transact any business at such continued meeting as may be transacted at any regular meeting.
(b) Special meetings of the city council may be held on call of the mayor or shall be held when requested in writing by a majority of the members of the city council and, except in case of emergency, upon no less than 24 hours' notice to each member. Notice of any special meeting may be waived in writing and attendance at the meeting shall be a waiver of notice of any special meeting.
(c) All meetings of the city council shall be held and conducted in conformity with the requirements of Chapter 14 of Title 50 of the Official Code of Georgia Annotated.
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Section 2.32. Rules of procedure. The city council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping a journal of its proceedings and minutes of its meetings which shall be public records.
Section 2.33. Quorum; voting. A majority of the council members then serving shall constitute a quorum and shall be authorized to transact business of the city council. Voting on the adoption of ordinances shall be taken by voice vote and the yeas and the nays shall be recorded in the journal, but any member of the city council shall have the right to request a roll-call vote. The affirmative vote of three council members shall be required for the adoption of an ordinance, resolution, or motion except when the mayor votes to break a tie, and in that event the affirmative vote of the mayor and two council members shall be sufficient for the adoption of an ordinance, resolution, or motion.
Chapter 4 Ordinance Procedure
Section 2.40. Action requiring an ordinance, (a) Except as herein provided, every official action of the city council shall be exercised only by adoption of ordinances and resolutions.
(b) Each proposed ordinance shall be introduced in writing and in the form required for final adoption. No ordinance shall contain more than one subject which shall be clearly expressed in its title. The enacting clause shall be "The council of the City of Blairsville hereby ordains...."
(c) An ordinance or resolution may be introduced by any member of the city council and read at a regular or special meeting of the city council. Ordinances and resolutions shall be considered, adopted, or rejected by the city council in accordance with the rules which it shall establish but ordinances shall not be finally adopted until the next regular meeting of the city council following the meeting of their initial introduction, except for emergency ordinances. Upon introduction of any ordinance, the clerk shall distribute a copy to the mayor and to each council member and shall file a reasonable number of copies in the office of the clerk and at such other public places as the city council may designate.
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Section 2.41. Emergency ordinances. To meet a public emergency affecting life, health, property, or public peace, the city council may adopt one or more emergency ordinances, but such ordinances may not levy taxes, grant, renew, or extend a franchise, regulate the rate charged by any public utility for its services, or authorize the borrowing of money except as provided by law. An emergency ordinance shall be introduced in the form and manner prescribed for ordinances generally except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear 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 repeal shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances.
Section 2.42. Codes of technical regulations, (a) The city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that:
(1) The requirements of subsection (c) of Section 2.40 for distribution and filing of copies of the ordinance shall be construed to include copies of the code of technical regulations as well as the adopting ordinance; and
(2) A copy of each adopted code of technical regulations as well as the adopting ordinance shall be authenticated and recorded by the clerk pursuant to Section 2.43.
(b) Copies of any adopted code of technical regulations shall be made available by the clerk for distribution or for purchase at a reasonable price.
Section 2.43. Signing, authenticating, and recording; codification; printing, (a) Every ordinance and resolution shall be signed by
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the mayor after adoption. The clerk shall authenticate the ordinance or resolution by signing same and shall record in full in a properly indexed book kept for this purpose all ordinances and resolutions adopted by the city council.
(b) The city council shall provide for the preparation of a general codification of all of the ordinances and resolutions of the city having the force and effect of law. Copies of the code shall be furnished to all officers, departments, and agencies of the city, and made available for purchase by the public at a reasonable price as fixed by the city council.
(c) The city council shall cause each ordinance and each amendment to this charter to be printed following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the city council.
Section 2.44. Mayor's veto; overriding veto. The mayor shall have veto power, and may veto any ordinance or resolution of the council, in which event the same shall not become a law unless subsequently passed over his veto by a vote of at least four council members on an aye and nay vote, duly recorded on the minutes at the regular meeting next held after the ordinance or resolution has been returned with the mayor's veto. The mayor's veto must be filed with the city clerk within five business days after adoption of the ordinance or resolution by the council and be accompanied by a written statement of the reasons for the veto. All ordinances or resolutions shall become a law if not approved or vetoed by the mayor within five business days after adoption by the city council, unless the mayor sooner signs and approves the same, in which event the measure shall go into effect immediately.
ARTICLE III ORGANIZATION AND PERSONNEL
Section 3.10. Administrative departments; creation. The government of the City of Blairsville shall continue as presently organized, unless and until otherwise provided by ordinance. The council by ordinance may establish, abolish, merge, or consolidate offices, positions of employment, departments, and agencies of the city, as the council deems necessary for the proper administration of the affairs and government of the city. The council may prescribe the
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functions and duties of existing or of any departments, offices, and agencies hereafter created or established; may provide that the same person shall fill any number of offices and positions of employment; and may transfer or change the function or duties of offices, positions of employment, departments, and agencies of the city.
Section 3.11. Administrative duties of mayor. The mayor shall be executive head of the city government and responsible for the efficient and orderly administration of the city's affairs. As the chief executive of the city government, the mayor shall:
(1) See that all laws of this state, provisions of this charter, rules, regulations, ordinances, and franchises of the city are faithfully executed;
(2) With advice and consent of city council, appoint, suspend, or remove all officers, department heads, and employees in the administrative service of the city;
(3) Supervise the administration of the affairs of the city;
(4) Submit a monthly financial statement to the council showing the finances and condition of the city and from time to time submit such other information to the council as it may request;
(5) Recommend to the city council such measures connected with the affairs of the city, the protection and improvement of its government and finances, and promotion of the welfare of its citizens as the mayor shall deem desirable;
(6) Call special meetings of the city council as provided for in Section 2.31 of this charter;
(7) Examine and inspect all books, records, and official papers of any department or agency of the city as the mayor deems necessary;
(8) Submit to the city council a recommended annual operating budget and capital improvement budget;
(9) Require any officer, department, or agency of the city to submit written reports and information in connection with the business and affairs thereof as the mayor deems necessary;
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(10) Conduct inquiries and investigations into the conduct of the affairs of any department or agency which the mayor deems necessary; and
(11) Perform such other executive and administrative responsibilities as may be required by law, this charter, or by ordinance of the city council.
Section 3.12. City attorney. The council may appoint a city attorney who shall be responsible for representing and defending the city in all litigation in which the city is a party. The city attorney shall serve at the pleasure of the council and shall receive such compensation as it shall determine. The city attorney shall advise the mayor and council and other officials of the city with respect to its affairs; draw all legal documents relating to the affairs of the city; draw proposed ordinances when requested by the mayor and council; inspect and pass on all agreements, contracts, franchises, and other instruments with which the city may be concerned; attend all meetings of the city council; and perform such other duties as may be required of the city attorney by the mayor and council.
Section 3.13. City clerk. The council shall appoint a city clerk. The city clerk shall be responsible for keeping and preserving the city seal and all records of the city council. The clerk shall attend all meetings of the city council and keep a journal of its proceedings at such meetings. The clerk shall maintain and keep in a safe place all records and documents pertaining to the affairs of the city and perform such other duties as may be required by the city council.
Section 3.14. Personnel policies. The council may adopt such personnel policies for the adequate and systematic handling of the personnel affairs of the City of Blairsville as the council deems appropriate.
Section 3.15. Personal financial interest. Any city officer of employee who has a financial interest, direct or indirect, or by reason of ownership of stock in any corporation, in any contract with the city or in the sale of any land, material, supplies, or services to the city or to a contractor supplying the city shall make known that interest and shall refrain from voting upon or otherwise participating as a city officer or employee in the making of such sale or in the making or performance of such contract. Any city officer or employee who willfully conceals such financial interest or willfully violates the
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requirements of this section shall upon conviction be guilty of malfeasance in office or position and shall be subject to removal from office or from the position of employment. Violation of this section with knowledge expressed or implied of the person or corporation contracting with or making a sale to the city shall render the contract or sale voidable by the council.
ARTICLE IV FINANCIAL AND FISCAL
Chapter 1 Taxation
Section 4.10. Property taxes. All property subject to taxation for state or county purposes shall be subject to an ad valorem property tax levied by the City of Blairsville. The assessment of property for ad valorem taxes and the collection of such taxes shall be as provided by the applicable provisions of Title 48 of the Official Code of Georgia Annotated, the "Georgia Public Revenue Code."
Section 4.11. Tax levy. The city council shall be authorized to levy an ad valorem tax on all real and personal property within the corporate limits of the city for ordinary current expenses and for any other purpose now or hereafter authorized by the Constitution and laws of the State of Georgia, and such tax levy shall be in addition to any levy made by the city council for the payment of principal and interest on bonded indebtedness.
Section 4.12. Tax due dates and tax bills. The city council shall provide by ordinance when the taxes shall fall due and in what length of time said taxes must be paid. The city council shall provide by ordinance for the payment of taxes due to the city in installments, or in one lump sum, and when and how and upon what terms such taxes shall be due and payable, as well as to authorize the payment of taxes prior to the time when due. The terms and methods of payment of city taxes shall be in such manner as the city council may determine by ordinance.
Section 4.13. Collection of delinquent taxes. The city council may provide by ordinance for the collection of delinquent taxes by fi. fa. issued by the city clerk under the same procedure provided by the laws governing execution of such process from the superior court, or by the use of any other available legal processes and remedies. Any such fi. fa. may be executed by an officer or employee of the city
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designated for such purpose by the city council. A lien shall exist against all property upon which city property taxes are levied, as of the assessment date of each year, which shall be superior to all other liens except that it shall have equal dignity with those of the federal, state, or county taxes.
Section 4.14. Transfer of executions. The city clerk shall be authorized to transfer and assign any fi. fa. or execution issued for street, water, sewer, or any other assessment in the same manner, upon the same terms, and to the same effect, and thereby vest the purchaser or transferee with the same rights as in cases of sales or transfers with the same rights as in cases of sales or transfers of tax fi. fas. as now provided by law; and all sales of property hereafter made under execution in behalf of the city for the collection of street, water, sewer, and other assessments, the owner or owners, as the case may be, are authorized to redeem same within the same time and on compliance with the same terms and payment of the same premium, interest, and costs, as in cases of redemption of property where sold under tax fi. fa., as the same now exists, or as may from time to time be provided by law.
Section 4.15. Special assessments. The city council may assess all or part of the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, water, or other utility mains and appurtenances, against the abutting property owners, under such terms and conditions as may be prescribed by ordinance. A lien shall exist against the abutting property superior to all other liens, except that it shall be of equal dignity with liens for county and city property taxes, and said lien shall be enforceable by the same procedures and under the same remedies as provided in this article for city property taxes.
Chapter 2 Borrowing
Section 4.20. General obligation bonds. The city council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized under this charter or the general laws of the state. Such bonding authority shall be exercised in accordance with the laws governing bond issues by municipalities in effect at the time said issue is undertaken.
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Section 4.21. Revenue bonds. Revenue bonds may be issued by the city council as now or hereafter provided by the laws of the State of Georgia.
Chapter 3 Accounting and Budgeting
Section 4.30. Fiscal year. The fiscal year of the city government shall be established by ordinance of the city council. Said fiscal years shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, or institution, agency, and activity of the government, unless otherwise provided by state or federal law.
Section 4.31. Preparation of budgets. The city council shall provide by ordinance the procedures and requirements for the preparation and execution of an annual operating and a capital improvements budget including requirements as to the scope, content, and form of such budgets.
Section 4.32. Submission of budget to city council. On or before a date fixed by the council but not later than 60 days prior to the beginning of each fiscal year, the mayor shall submit to the city council a proposed budget for the ensuing fiscal year. The budget shall be accompanied by a message from the mayor containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other comments and information as the mayor may deem pertinent. The operating budget and the capital improvements budget hereinafter provided for, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection.
Section 4.33. Action by city council on budget, (a) The city council may amend the operating budget proposed by the mayor; except, that the budget as finally amended and adopted must provide for all expenditures required by law or by other provisions of this chapter and for all debt services requirements for the ensuing fiscal year, and the total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues available for such fund.
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(b) The city council shall adopt the final operating budget for the ensuing fiscal year within 60 days after the proposed budget is submitted to the council by the mayor. If the city council fails to adopt the budget by this date, the amounts appropriated for current operation for the current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly until such time as the city council adopts a budget for the ensuing fiscal year. Such adoption shall take the form of an appropriation ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purposes, or activity as set out in the budget document.
(c) The amount set out in the proposed operating budget for each organizational unit, purpose, or activity shall constitute the annual appropriation for such item, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriation, or allotment thereof, to which it is chargeable.
Section 4.34. Property tax levies. As the next order of business following adoption of the operating budget, the city council shall levy by ordinance an annual tax on all real and personal property within the City of Blairsville. The tax rate set by such ordinance shall be such that a reasonable estimate of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances, and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expenses of the general government of the City of Blairsville.
Section 4.35. Additional appropriations. The city council may make appropriations in addition to those contained in the current operating budget at any regular or special meeting called for such purpose, but any such additional appropriation may be made only from an existing unappropriated surplus in the fund to which it applies.
Section 4.36. Lapse of appropriations. All unemcumbered balances of appropriations in the current operating budget at the end of the fiscal year shall lapse into the unappropriated surplus or reserves of the fund or funds from which such appropriations were made.
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Section 4.37. Capital improvements budget, (a) On or before the date fixed by the city council but not later than 60 days prior to the beginning of each fiscal year, the mayor shall submit to the city council a proposed capital improvements budget with the mayor's recommendations as to the means of financing the improvements proposed for the ensuing fiscal year. The city council shall have power to accept with or without amendments or reject the proposed program and proposed means of financing. The city council shall not authorize an expenditure for the construction of any building, structure, work, or improvement, unless the appropriations for such project are included in the capital improvements budget, except to meet a public emergency threatening the lives, health, or property of the inhabitants of the city, when passed by a vote of at least three members of the council in the event of a tie vote among members of the council.
(b) The city council shall adopt the final capital improvements budget for the ensuing fiscal year within 60 days after the proposed budget is submitted to the council by the mayor. No appropriation provided for in the capital improvements budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned, but the mayor may submit amendments, accompanied by the mayor's recommendations thereon, to the capital improvements budget at any time during the fiscal year. Any such amendments to the capital improvements budget shall become effective only upon the affirmative vote of three members of the city council or in the event of a tie vote among members of the council upon the affirmative vote of the mayor and two members of the council.
ARTICLE V PROCUREMENT AND PROPERTY MANAGEMENT
Section 5.10. Contracting procedures. All contracts shall be made or authorized by the city council, and no contract shall bind the city unless reduced to writing and approved by the city council.
Section 5.11. Centralized purchasing. The city council shall by ordinance prescribe procedures for a system of centralized purchasing for the City of Blairsville.
Section 5.12. Sale and disposition of city property, (a) The city council may sell and convey any real or personal property owned
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or held by the City of Blairsville for governmental or other purposes at a public or private sale in such manner and pursuant to such requirements as the council shall provide by ordinance.
(b) The city council may quitclaim any rights it may have in property not needed for public purposes upon recommendation by the mayor and adoption by the council of a resolution finding that the property is not needed by the city for public or other purposes.
(c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city, a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the mayor to execute and deliver in the name of the city a deed conveying said cutoff or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights of way of said street, avenue, alley, or public place or in settlement of any alleged damages sustained by said abutting or adjoining property owner. All deeds and conveyances heretofore and hereafter so executed and delivered may convey all title and interest the city has in such property.
ARTICLE VI ELECTION AND REMOVAL OF OFFICERS
Chapter 1 General Provisions
Section 6.10. Regular elections, (a) The date of the regular municipal elections of the City of Blairsville shall be on the second Saturday of May of the year in which a term of office expires. The mayor and council members elected at such elections shall take office on the third Monday of May immediately following their election for terms of four years and until their successors are elected and qualified, except the initial terms of three council members shall be for three years in order to stagger terms as provided in subsection (b) of this section. Elections for mayor and council members shall be at large by plurality vote.
(b) (1) The first election under this charter shall be held on the second Saturday in May, 1984. Three council members shall be elected at said election. The three council members receiving the highest number of votes cast shall be declared the winners, shall take office on the third Saturday in September, 1984, and shall serve for initial terms of three years.
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(2) The second election under this charter shall be on the second Saturday in May, 1985. The mayor and two council members shall be elected at said election. The candidate for mayor receiving the highest number of votes cast shall be declared the winner and shall serve for a term of four years. The two candidates for council members receiving the highest number of votes cast shall be declared the winners and shall serve for terms of four years.
(c) Successors to the mayor and council members elected under subsection (b) of this section and future successors shall be elected at the regular municipal election immediately preceding the expiration of the respective terms of office and shall take office on the third Saturday of September immediately following their election for terms of four years and until their successors are elected and qualified.
Section 6.11. Municipal election code. The registration of electors and all matters pertaining to elections of the City of Blairsville shall be as provided in Chapter 3 of Title 21 of the Official Code of Georgia Annotated, the "Georgia Municipal Election Code" except that elections for mayor and council members shall be at large by plurality vote as provided in subsection (a) of Section 6.10 of this charter.
Section 6.12. Continuance in office. The mayor and five council members of the City of Blairsville in office on the effective date of this charter who were elected or appointed pursuant to the former charter of the City of Blairsville (Ga. L. 1952, p. 2081) shall continue in office and serve out the terms to which elected or appointed and shall be the mayor and council of the City of Blairsville under this charter until their successors are elected and qualified as provided in Section 6.10 of this charter.
Chapter 2 Removal of Elective Officers
Section 6.20. Grounds for removal. The mayor and 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;
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(2) Conviction of a crime involving moral turpitude;
(3) Failure at any time to possess any of the qualifications of office provided by this charter or by law;
(4) Willful violation of any express prohibition of this charter;
(5) Abandonment of office or neglect to perform the duties thereof; or
(6) Failure for any other cause to perform the duties of office as required by this charter or by law.
Section 6.21. Procedure for removal, (a) Removal of an elected officer from office may be accomplished by one of the following methods:
(1) By a vote of removal by three members of the city council. In the event an elected officer is sought to be removed by the action of the city council, such officer shall be entitled to a written notice specifying the grounds for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. Any elected officer sought to be removed from office as herein provided shall have the right of review of the decision of the city council by the Superior Court of Union County. Such review shall be by certiorari, governed by the same rules as govern certiorari to the various courts of the state.
(2) By any information filed in the Superior Court of Union County as provided by law.
(b) For the purpose of paragraph (1) of subsection (a) of this section, the city council is authorized to subpoena witnesses, administer oaths, and require the production of documents and evidence.
ARTICLE VII CITY COURT
Section 7.10. Creation of City Court of Blairsville. There is established a court to be known as the City Court of the City of Blairsville. Said court shall have jurisdiction and authority to try offenses against the laws and ordinances of the City of Blairsville and
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to punish for 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 also any person who may counsel, advise, aid, encourage, or persuade another whose testimony is desired or material in any proceeding before said court to go or move beyond the reach of the process of the court; and to try all cases within the territorial limits of the city which under the laws of the State of Georgia are placed within the jurisdiction of police or municipal courts to the extent of and in accordance with the provisions of such laws and all laws subsequently enacted amendatory thereof. The city council shall be presided over by the judge of said court.
Section 7.11. Judge, (a) The judge of the City Court of Blairsville shall be appointed by the council.
(b) No person shall be qualified or eligible to serve as judge unless he shall have attained the age of 21 years. The judge shall serve at the discretion of the council. The compensation of the judge shall be fixed by the council.
(c) Before entering on the duties of his office, the judge shall take an oath before the mayor 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 7.12. Convening. The city court shall be convened at such times as designated by ordinance or at such times as deemed necessary to keep current the dockets thereof.
Section 7.13. Jurisdiction; power, (a) The City Court of Blairsville shall try and punish for crimes against the City of Blairsville and for violation of its ordinances. The court shall have the authority to punish those in its presence for contempt, provided that such punishment shall not exceed $100.00 or 30 days in jail. The court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 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 90 days, or by both such fine and imprisonment.
4994 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(b) The court shall have the authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement for the cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violation of state law.
(c) The 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 the defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge forfeited to the City of Blairsville 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 court shall have the authority to bind prisoners over to the appropriate court when it appears by probable cause that a state law has been violated.
(e) The 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 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 court is specifically vested with all of the jurisdiction and powers throughout the entire area of the City of Blairsville granted by state laws generally to mayor's, city, and police courts and particularly by such laws as to authorize the abatement of nuisances.
Section 7.14. Review of decisions of the city court shall be by certiorari. Certiorari from the superior court to the city court shall lie in the same manner and under the same procedure as prescribed for certiorari to the various courts of the state.
GEORGIA LAWS 1984 SESSION
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Section 7.15. Rules for court. With the approval of the council, the judge shall have the full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the court; provided, however, that the council may adopt in part or in toto the rules and regulations relative to the procedure and the operation of the superior courts under the general laws of the State of Georgia. The rules and regulations made or adopted for the court shall be filed with the city clerk and shall be available for public inspection. Upon request, a copy shall be furnished to all defendants in city court proceedings at least 48 hours prior to said proceedings.
ARTICLE VIII WATER AND SEWAGE SYSTEMS, HEALTH AND
SANITARY SERVICES
Section 8.10. Condemnation. The council shall have full power and authority to contract for or to condemn any water rights, land, or premises, or any interest therein, inside or outside the City of Blairsville for the purpose of establishing, maintaining, improving, replacing, or expanding a water works system and/or a sewage system or any of them. The right to condemn herein granted shall be exercised under Title 22 of the Official Code of Georgia Annotated, and Acts amendatory thereof.
Section 8.11. Regulation of systems; liens for charges. The council shall have the right, power, and authority pursuant to ordinances adopted by the council, to regulate the use of any water or sewage system, to assess and collect fees, charges, taxes, and tolls for water and/or sewage services rendered both inside and outside the corporate limits of the City of Blairsville to provide for the cost and expenses of furnishing water through the water facilities of the city and the cost and expense of furnishing the collection and disposal of sewage through the sewage facilities of the city. If unpaid, said water and/or sewer service charges shall constitute a lien against any property of persons served, which lien shall be second in priority only to liens for county and city property taxes. Said lien shall be enforceable in the same manner and under the same remedies as a lien for city property taxes.
Section 8.12. Sanitary and health services charge. The council shall have authority to provide for, enforce, levy, and collect by ordinance the cost of sanitary and health services necessary in the
4996 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
operation of the city from all individuals, firms, and corporations residing in or doing business in the City of Blairsville and benefiting from such services. Such authority shall include the power to assess, levy, and collect annual or monthly sanitary taxes or fees in such amount or amounts, based upon and in accordance with such classification of property and sanitary service for 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. Said lien shall be superior to all other liens except for county and city property taxes and said lien shall be enforceable in the same manner and under the same remedies as a lien for city property taxes.
ARTICLE IX MISCELLANEOUS PROVISIONS
Section 9.10. Official bonds. The officers and employees of the City of Blairsville, both elective and appointive, shall execute such official bonds in such amounts and upon such terms and conditions as the city council may from time to time require. The premiums for such bonds as may be required by the city council shall be paid from the funds of the city.
Section 9.11. Existing ordinances and resolutions. Existing ordinances and resolutions of the City of Blairsville not inconsistent with the provisions of this charter shall continue in effect until they have been repealed, modified, or amended by the city council. Existing rules and regulations of departments or agencies of the City of Blairsville not inconsistent with the provisions of this charter shall continue in effect until they have been repealed, modified, or amended.
Section 9.12. General laws may be used. The city council, in its discretion, may elect to use the provisions of any general laws of the state in addition to or instead of the provisions of this charter.
Section 9.13. Section captions. The captions to the several sections of this charter are informative only and are not to be considered as a part thereof.
Section 9.14. Penalties. The violation of any provision of this charter, for which penalty is not specifically provided for herein, shall be punishable by a fine of not more than $1,000.00 or by imprisonment not to exceed 90 days or by both such fine and imprisonment.
GEORGIA LAWS 1984 SESSION
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Section 9.15. Specific repealer. An Act to amend, consolidate, and supersede the several Acts incorporating the City of Blairsville, in the County of Union, State of Georgia, and all amendments in respect thereto, approved February 5,1952 (Ga. L. 1952, p. 2081), is repealed in its entirety.
Section 9.16. Effective date. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 9.17. 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 1984 Session of the General Assembly of Georgia, local legislation in the form of a bill to create a new charter for the City of Blairsville, and for other purposes.
This 23rd day of December, 1983.
Charles Allison Mayor
Affidavit of Publication.
Georgia, Union County.
Before the undersigned, a Notary Public of said County and State, duly commissioned, qualified, and authorized by law to administer oaths, personally appeared Wanda R. West who being first duly sworn, deposes and says: that she is Publisher engaged in the publication of a newspaper known as North Georgia News, published, issued, and entered as second class mail in the City of Blairsville, in said County and State; that she is authorized to make this affidavit and
4998 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
sworn statement; that the notice or other legal advertisement, a true copy of which is attached hereto, was published in North Georgia News on the following date, Dec. 29, 1983 and received the sum of $5.00 to publish said advertisement, being Notice of Intent.
This 17th day of Feb., 1984 /s/ Wanda R. West
Sworn to and subscribed before me, this 17th day of February, 1984.
/s/ Grace Rawlins Notary Public, Georgia, Union County. My Commission Expires April 25, 1986. (Seal).
Approved March 28,1984.
TOWN OF FORT OGLETHORPE -- CORPORATE LIMITS CHANGED.
No. 1174 (House Bill No. 1518). AN ACT
To amend an Act incorporating the Town of Fort Oglethorpe, approved February 17, 1949 (Ga. L. 1949, p. 703), as amended, particularly by an Act approved April 3,1972 (Ga. L. 1972, p. 3369), so as to change the corporate limits of the Town of Fort Oglethorpe; to repeal conflicting laws; and for other purposes.
GEORGIA LAWS 1984 SESSION
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Be it enacted by the General Assembly of Georgia:
Section 1. An Act incorporating the Town of Fort Oglethorpe, approved February 17, 1949 (Ga. L. 1949, p. 703), as amended, particularly by an Act approved April 3,1972 (Ga. L. 1972, p. 3369), is amended by adding a new Section 2F to read as follows:
"Section 2F. The corporate limits of the Town of Fort Oglethorpe shall not include any part of the territory described as follows:
(1) The public right-of-way of U.S. Highway 27 (State Route 1) from the corporate limits of March 13, 1983, to the intersection of Highway 27 and Schmidt Road.
(2) The public right-of-way of Cloud Springs Road (State Route 146) from U.S. Highway 27 to the intersection of Cloud Springs Road and Interstate 1-75.
(3) The public right-of-way of Lakeview Drive (State Route 218) from Cloud Springs Road (State Route 146) to the intersection of Lakeview Drive and U.S. Highway 27.
(4) The public right-of-way of Reeds Bridge Road (Old State Route 2) from Delores Drive to the corporate limits of the City of Rossville, Georgia.
(5) The public right-of-way of Cross Street from the City limits of March 27,1983, to Lakeview Drive.
(6) The public right-of-way of Mack Smith Road from Cloud Springs Road (State Route 146) to the corporate limits of the City of East Ridge, Tennessee.
(7) The public right-of-way of Park City Road from MacFarland Gap Road to Schmidt Road.
(8) The public right-of-way of Dietz Road from Cloud Springs Road (State Route 146) to Battlefield Parkway (State Route 2).
(9) The public right-of-way of U.S. Highway 27 (State Route 1) from the corporate limits of March 27, 1983, to the intersection of Highway 27 and Schmidt Road.
5000 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(10) The public right-of-way of Cloud Springs Road (State Road 146) from U.S. Highway 27 to the intersection of Cloud Springs Road and Interstate 1-75.
(11) The public right-of-way of Lakeview Drive (State Route 218) from Cloud Springs Road (State Route 146) to the intersection of Lakeview Drive and U.S. Highway 27.
(12) The public right-of-way of Reeds Bridge Road (Old State Route 2) from Delores Drive to the corporate limits of the City of Rossville, Georgia.
(13) The right-of-way of Battlefield Parkway from Dietz Road to Peavine Creek Bridge.
(14) All that tract or parcel of land lying and being in Original Land Lot No. 125 in the 9th District, 4th Section of Catoosa County, Georgia, and described as follows: BEGINNING on the south line of Georgia Highway No. 2-A, at a point which is 653 feet west along the south line of said Highway from its intersection with the east line of said Land Lot No. 125; thence south 18 degrees west, 1068 feet to a point on the south line of said Land Lot No. 125; thence along said south line, north 89 degrees 7 minutes west, 262.1 feet to a point; thence north 18 degrees east, 1154.3 feet to a point on the south line of said Highway; thence along the south line of said Highway, south 70 degrees 23 minutes east, 250 feet to the point of beginning.
(15) The property of the First United Pentecostal Church on Cloud Springs Road.
(16) The Solomon property on Cloud Springs Road, said property being the site of the development of Market Place Mall.
(17) That property lying and being in Original Land Lot 87, in the 9th District and 4th Section of Catoosa County, Georgia, being known as Lots Nos. Ten (10) and Eleven (11) of the MRS. A. J. JOLLY SUBDIVISION as shown by plat of said subdivision of record in Deed Book 29, page 181 in the Office of the Clerk of the Superior Court of Catoosa County, Georgia.
(18) All that tract or parcel of land lying and being in Land Lot 72 of the 3rd Section of the 28th District of Catoosa County, Georgia and being more fully described as follows:
GEORGIA LAWS 1984 SESSION
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To find the true point of BEGINNING, begin at an iron pin on the western right-of-way of Scruggs Road at the southeastern corner of Lot 279 of East Ridge Terrace Subdivision as shown on plat recorded in Plat Book 4, Page 51, in the Office of the Clerk of the Superior Court of Catoosa County, Georgia; thence south eighty-seven (87) degrees, fifty-two (52) minutes west along the southern boundary of said subdivision seven hundred seventynine and thirty-two hundredths (779.32) feet to an iron pin at the northeastern corner of the property of Roadway Express, Inc., as described in deed of record in Deed Book 269, Page 628, in the aforesaid Clerk's office; thence south two (02) degrees, thirtyseven (37) minutes, four (04) seconds east along the eastern line of the said Roadway Express, Inc., property, seven hundred ninetyeight and fifty-one hundredths (798.51) feet to a point; thence continuing south two (02) degrees, thirty seven (37) minutes, four (04) seconds east along the western terminus of a 100' wide public right-of-way conveyed to Catoosa County, Georgia by deed of record in Deed Book 269, Page 631 in the said Clerk's office, one hundred and nineteen hundredths (100.19) feet to the true point of BEGINNING of the property herein described; thence eastwardly along the southern line of said public right-of-way in a curve to the right having a radius of five thousand six hundred seventy-nine and fifty-eight hundredths (5679.58) feet a total distance of nine hundred three and no-tenths (903.0) feet (deed calls (907.04') to a point; thence south seventy-seven (77) degrees, nineteen (19) minutes east continuing along the eastern line of said right-of-way, sixty and two hundredths (60.02) feet (deed calls (60.87') to a point in the western line of Cloud Springs (GA. State Route #146) Road, as widened by deed to the State of Georgia recorded in Deed Book 269, Page 633, in the aforesaid Clerk's office; thence southwestwardly along the western line of Cloud Springs road (as widened) a total distance of three hundred thirty-eight and twenty-five hundredths (338.25) feet to a point; thence south seventy-seven (77) degrees, thirty-two (32) minutes east continuing along the western line of said Cloud Springs Road (as widened) fifty-one and one-tenth (51.1) feet to a point in the present right-of-way of said Cloud Springs Road; thence south eleven (11) degrees, thirteen (13) minutes west along the present right-of-way of said Cloud Springs Road, seven hundred sixteen and no-tenths (716.0) feet to a point; thence southwardly continuing along the western line of said Cloud Springs Road in a curve to the right having a radius of five hundred eighty and three hundredths (580.03) feet an arc length of two hundred sixty-five and
5002 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ninety-one hundredths (265.91) feet to a point; thence southwestwardly and westwardly along an old fence line in the present western line of Cloud Springs Road in following the irregular curvature of same a total distance of eight hundred forty five (845) feet more or less to a point; the said irregular curvature being subtended by the following chords: south 42 degrees, 58 minutes west 90.27 feet; south 40 degrees, 42 minutes west, 72.42 feet; south 25 degrees, 22 minutes west, 46.41 feet; south 17 degrees, 23 minutes west, 81.32 feet; south 13 degrees, 11 minutes west, 76.78 feet; south 23 degrees, 19 minutes west, 100.97 feet; south 36 degrees, 51 minutes west, 110.55 feet; south 44 degrees, 51 minutes west, 97.93 feet; south 48 degrees, 50 minutes west, 74.81 feet; south 49 degrees, 10 minutes west, 96.91 feet; south 71 degrees, 39 minutes west, 105.77 feet; thence north two (02) degrees, thirty seven (37) minutes, four (04) seconds west along a new severance line, one thousand three hundred five and seventeen hundredths (1305.17) feet to the southeastern corner of the aforesaid Roadway Express, Incorporated property; thence continuing north two (02) degrees, thirty seven (37) minutes, four (04) seconds west, along the eastern lines of the aforesaid Roadway Express, Incorporated property, seven hundred eighty nine and 21 hundredths (789.21) feet to the point of BEGINNING containing thirty one and two tenths (31.2) acres more or less.
(19) All that tract or parcel of land lying and being in Original Land Lots Nos. 19 and 20, in the 9th District and 4th Section of Catoosa County, Georgia, being more particularly described as follows: BEGINNING at a point which is opposite a point in the center line of Mack Smith Road, said point in the center line of Mack Smith Road being 450 feet south along the center line of Mack Smith Road from the point where it would be intersected by the Center line of Prater Road; thence from said beginning point on the east line of Mack Smith Road, due East, a Distance of 1000 feet to a point; thence southwardly, with an enclosed angle of 90 degrees, a distance of 600 feet to a point; thence due West, a distance of 1,240 feet, more or less, to the east line of Mack Smith Road; thence northwardly, along the east line of Mack Smith road, a distance of 650 feet, more or less, to the point of BEGINNING, continuing 15.7 acres, more or less."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
GEORGIA LAWS 1984 SESSION
5003
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1984 session of the General Assembly of Georgia a bill to change the corporate limits of the City of Fort Oglethorpe; to provide for related matters; and for other purposes.
This 12 day of January, 1984.
Robert G. Peters
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robert G. Peters, who, on oath, deposes and says that he is Representative from the 2nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Catoosa County News which is the official organ of Catoosa County, on the following date: January 18, 1984.
/s/ Robert G. Peters Representative, 2nd District
Sworn to and subscribed before me, this 6th day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 28,1984.
5004 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CITY OF MARIETTA -- CORPORATE LIMITS CHANGED.
No. 1176 (House Bill No. 1665).
AN ACT
To amend an Act reincorporating the City of Marietta, approved March 23,1977 (Ga. L. 1977, p. 3541), as amended, particularly by an Act approved April 1,1980 (Ga. L. 1980, p. 4350), so as to change the corporate limits of the City of Marietta; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act reincorporating the City of Marietta, approved March 23,1977 (Ga. L. 1977, p. 3541), as amended, particularly by an Act approved April 1, 1980 (Ga. L. 1980, p. 4350), is amended by adding at the end of Section 1.4 a new subsection (d) to read as follows:
"(d) The corporate limits of the city shall further include the following 68 tracts or parcels of land which constitute what is known as the Kennesaw Mountain National Battlefield Park:
Tract Number 1
All that tract and parcel of land in the southwest corner and south side of original Land Lot No. 114 of the 19th District, 2nd Section, Cobb County, Georgia, and beginning at the southwest corner of said land lot, and running thence North along the original west line of said lot, running North 58 minutes East, a distance of 661.19 feet; thence south 64 degrees 22 minutes east a distance of 1520.24 feet to the southeast corner of said lot; thence south 89 degrees 51
GEORGIA LAWS 1984 SESSION
5005
minutes west along south line of said lot a distance of 1381.21 feet to beginning point for description of this parcel, which contains 10.48 acres, and is bounded north and east by other lands of first parties; south by lands of the John Hancock Mutual Life Insurance Company; and west by lands of T. L. or Lawrence Manning.
Tract Number 2
All that tract and parcel of land, lying and being in the southwest corner of original land lot No. 184 of said 19th District and 2nd Section in Cobb County Georgia, and beginning at the southwest corner of said land lot and run thence North 56 minutes east along west line of said lot, a distance of 684.76 feet; thence south 89 degrees 04 minutes east a distance of 666.28 feet; thence south 1 degree and 06 minutes west 680.44 feet to south line of said lot; thence along the south line of said lot, running north 89 degrees 26 minutes west a distance of 664.47 feet to beginning point. This tract containing 10.43 acres, and is bounded North and East by other lands of parties of the First Part; south and west by lands of John Hancock Mutual Life Insurance Company.
Tract Number 3
All that certain parcel of land being a part of land lot No. 249 of the 20th District, 2nd Section, of Cobb County, Georgia, containing 53.50 acres, more or less, of land and described by metes and bounds as follows:
BEGINNING at a point in the S line of said land lot 249 1328.61 feet westerly from the southeast corner of said lot; thence north 1 degree 47 minutes east 2,526.18 feet to a point; thence north 79 degrees 38 minutes east 314.69 feet to a point; thence south 8 degrees 40 minutes east 285.55 feet to a point; thence south 6 degrees 10 minutes east 313 feet to a point; thence south 2 degrees 11 minutes west 297.83 feet to a point; thence south 6 degrees 10 minutes west 282.23 feet to a point; thence south 88 degrees 58 minutes east 960 feet to a point in the east line of said land lot; thence along the said east line of said lot south 2 degrees 12 minutes west 1,428.87 feet to a point being the southeast corner of said lot 249, and thence along the southerly line of said lot north 88
5006 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
degrees 26 minutes west 1,328.61 feet to the point of beginning.
Tract Number 4
All that certain parcel of land situate in Cobb County, State of Georgia, described as follows: Land Lots Nos. 937 and 1008 in the 16th District and 2nd Section of Cobb County, Georgia; containing 88.66 acres; also 10 acres, more or less, of land lot No. 248 in the 20th District and 2nd Section of said County, beginning at the southeast corner of said lot and running due north 48 rods; thence west for a distance of 34 rods; thence south 48 rods to the original south line of said lot; thence east along the said south line of said lot 34 rods to the point of beginning; said 10 acres being on and containing the top or summit of Kennesaw Mountain. Said tract containing in the aggregate 98.66 acres.
Tract Number 5
All that certain parcel of land situate in Cobb County, State of Georgia, described as follows: Beginning at the NW corner of land lot No. 285 of the 20th District and 2nd Section of Cobb County, Georgia, and running South 0 degrees 19 minutes west, a distance of 1248 feet to the property of A. J. Rogers; thence east a distance of 1106 feet to the District line between the 16th and 20th Districts; thence north along said District line 1248 feet to the NE corner of said lot; thence north 89 degrees and 15 minutes west, a distance of 1106 feet to the beginning point, containing 37.8 acres. Also all of land lot No. 1009 in the 16th District and 2nd Section of Cobb County, Georgia; beginning at the SW corner of said lot and running north along the District line a distance of 1121 feet, more or less, to the NW corner of said lot; thence east along the north line of said lot to the NE corner; thence east 1380 feet; thence south 1128 feet to the SE corner; thence west along the south line of said lot 1380 feet to the beginning point, containing 35.5 acres.
Tract Number 6
All the certain parcel of land situate in Cobb County, State of Georgia, described as follows: 86 acres of land lot No. 284 of
GEORGIA LAWS 1984 SESSION
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the 20th District and 2nd Section of Cobb County, Georgia, beginning at the SW corner of land lot No. 284 of the 20th District and 2nd Section and running north 1230 feet to a rock wall, said rock wall being the line between the property herein described and the property of Mrs. Rynyan*; thence running east 1360 feet to the top of Little Kennesaw Mountain; thence north 44 degrees and 38 minutes, east, a distance of 90 feet, thence north 67 degrees and 58 minutes, a distance of 270 feet; thence north 31 degrees and 28 minutes, a distance of 178.5 feet; thence north 9 degrees and 28 minutes east, a distance of 233 feet, thence north 23 degrees and 58 minutes east, a distance of 529.5 feet; thence north 51 degrees and 28 minutes east, a distance of 529.5 feet; thence north 63 degrees and 20 minutes east, a distance of 173 feet to the NE corner of land lot No. 284; thence south along said lot line for a distance of 450 feet; thence west 208.7 feet; thence south 0 degrees and 19 minutes west, a distance of 2250 feet to the south line of land lot No. 284; thence west along said land line a distance of 1654 feet to a marble post; thence north 86 degrees and 58 minutes west a distance of 991 feet to the point of beginning, containing 86 acres, more or less.
Tract Number 7
All that certain parcel of land situate in Cobb County, State of Georgia, described as follows: 20 acres, more or less, off the South side of Land Lot No. 938 in the 16th District and 2nd Section of Cobb County, Georgia, being all of said lot lying south of the old private roadway leading up Big Kennesaw Mountain in a westerly direction; containing 20 acres, more or less.
Tract Number 8
All that certain parcel of land situate in Cobb County, State of Georgia, described as follows: 20 acres, more or less, of Land Lot No. 938 in the 16th District and 2nd Section of Cobb County, Georgia, being all of said lot lying north of the old roadway leading to the summit of Big Kennesaw Mountain. Also 27 1/2 acres, more or less, of Land Lot No. 935 in the 16th District and 2nd Section of Cobb County, Georgia, being all of that portion lying south and west of
5008 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
the Cassville Public Road. Also 2 acres, more or less, of Land Lot No. 939, being the NW corner thereof, and being all of that portion of said lot lying north of private road leading from Marietta-Acworth Road to top of Kennesaw Mountain and west of said Marietta-Acworth Road, said 2 acres being triangular in shape and having located thereon the home place of E. D. C. Hames, all of said land lying and being in one contiguous body in the 16th District and 2nd Section of Cobb County, Georgia, and containing in the aggregate 491/2 acres, more or less.
Tract Number 9
All that certain parcel of land situate in Cobb County, State of Georgia, described as follows: 12.44 acres out of the SE corner of Land Lot No. 936 of the 16th District and 2nd Section, and 37.56 acres of Land Lot No. 248 of the 20th District and 2nd Section of Cobb County, Georgia, and described as follows: Beginning at a point on the district line (between the 16th and 20th Districts) 792 feet to the SE corner of and running north along said district line 1,497 feet to the SW corner of Land Lot No. 936 of the 16th District and 2nd Section; thence north 88 degrees and 55 minutes east 1,445 feet to the SE corner of said lot; thence 1 degree and 18 minutes east 750 feet along the east line of Land Lot No. 936; thence south 62 degrees and 20 minutes west, 1,655 feet to the SW corner of said Lot No. 936 of the 16th District; thence south 88 degrees and 55 minutes west, 300 feet; thence south 38 degrees and 45 minutes west 1,280 feet to a point on the west line of Lot No. 248 of the 20th District; thence south 0 degree and 20 minutes west 1,278 feet to the SW corner of Lot No. 248; thence south 89 degrees and 15 minutes east along the south line of Lot No. 248; a distance of 536 feet; thence north 792 feet; thence south 89 degrees and 15 minutes east 550 feet to the above described district line and the beginning point. The above described property is situated on the northern side of Kennesaw Mountain, and contains in the aggregate 50 acres, more fully described by plat of W. W. McCulloch, C.E., March 4th, 1924.
Tract Number 10
GEORGIA LAWS 1984 SESSION
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All that certain parcel of land situate in Cobb County, State of Georgia, described as follows: 15 acres of Land Lot No. 285 of the 20th District, 2nd Section, and 10 acres of Land Lot No. 284, said District and Section, and described as follows: Beginning at the SW corner of Land Lot No. 285 and running east 564 feet to the land of Ned Jenkins; thence north 0 degrees and 19 minutes east, 1,182 feet to the property of Gus Dickerson; thence west 555 feet to the West line of Land Lot No. 285; thence south 0 degrees and 19 minutes west along said line to the beginning point, containing 15 acres. Also beginning at the SE corner of Land Lot No. 284, and running north 0 degrees and 19 minutes east, 2,087 feet; thence west 208.7 feet; thence south 0 degrees and 19 minutes west, 2,087 feet to the south line of said Lot No. 284; thence east along said south line 208.7 feet to beginning point, containing 10 acres, and being a strip of land running north and south, one acre wide and 10 acres long, containing 25 acres, more or less.
Tract Number 11
All that tract or parcel of land lying and being in Land Lot Number 247 of the 20th District, 2nd Section of Cobb County, Georgia, and more particularly described as follows: beginning at a point formed by the intersection of the north side of U.S. Highway 41, known as the Dixie Highway, with the western line of Land Lot 247, and running thence north 2 degrees 11 minutes east 35.20 feet to a point; thence north 51 degrees 25 minutes east a distance of 412.46 feet to a point; thence north 64 degrees 13 minutes east a distance of 140.80 feet to the center of the old Marietta and Kennesaw Road; thence south 64 degrees, 06 minutes east a distance of 66.33 feet to a point; thence south 35 degrees 31 minutes east a distance of 161.55 feet to a point; thence south 20 degrees 51 minutes east a distance of four hundred fifty-eight and fifty-four hundredths (458.54) feet to a point on the north side of the said highway right-of-way; thence north 72 degrees 57 minutes west along the north side of said highway right-of-way a distance of 802.43 feet to the point of beginning. Said tract containing 5.17 acres, and is more particularly shown in a plat of the property of E. R. Hunt, located in the 20th District, 2nd Section of Cobb County, Georgia surveyed March, 1936, by John H.
5010 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Saxon, Assistant Topographic Engineer, N. P. S. and being all of the land embraced within the following boundaries: on the West by the West line of Land Lot 247; on the Northwest by the W. & A. Railroad right-of-way; on the Northeast by the center of the old Marietta-Kennesaw Road; on the South by the right-of-way of U. S. Highway 41.
Tract Number 12
All that tract or parcel of land lying and being in Land Lot No. 117 of the 19th District, 2nd Section of Cobb County, Georgia, more particularly described as follows: beginning at the Southeast corner of said land lot, and running thence north 89 degrees, 14 minutes west a distance of 200 feet to a point; thence north 1 degree 58 minutes east a distance of 264.43 feet to a point in the center of an old road; thence south 43 degrees 33 minutes east a distance of 196.49 feet to a point; thence south 24 degrees 02 minutes east a distance of 136.39 feet to the Southeast corner of said land lot and point of beginning. Said tract herein described containing 0.71 acres as shown by plat of property of C. C. James, located in said District and Section of Cobb County, Georgia, as surveyed June, 1936, by John H. Saxon, Assistant Topographic Engineer, N. P. S., copy of which plat is filed with the National Park Service, Washington, D.C.
Tract Number 13
All that tract or parcel of land lying and being in the 20th District, 2nd Section, Cobb County, Georgia, and being parts of Land Lots 246 and 249 of said District and Section; more particularly described as follows: beginning at the Southwest corner of said Land Lot 246 and running thence north 1,320 feet to a stake; thence south 89 degrees 58 minutes east a distance of 1,317 feet along the line of property of Mrs. Annie C. Young and W. M. Murray to a stake; thence South 13 degrees 10 minutes east a distance of 822.6 feet crossing the right-of-way of the N. C. & St. L. R. R. to a stake; thence north 74 degrees 40 minutes east along the line of the property of the N.C. & St. L. R. R. a distance of 419.81 feet to a stake; thence north 15 degrees 26 minutes west a distance of 104.8 feet to a stake on the right-of-way
GEORGIA LAWS 1984 SESSION
5011
of said railroad; thence in a northeasterly direction along said railroad right-of-way a distance of 406 feet to a stake; thence south 30 degrees 11 minutes east a distance of 169.42 feet to a stake; thence north 59 degrees 49 minutes east a distance of 486.27 feet to a stake on the east line of Land Lot 246; thence south 2 degrees 11 minutes west a distance of 805.17 feet to the center of the Stilesboro Road; thence south 67 degrees 21 minutes west along the center of the Stilesboro Road a distance of 625 feet; thence continuing along the center of Stilesboro Road south 72 degrees 11 minutes west a distance of 196.06 feet to a point; thence continuing along the center of said road south 79 degrees 09 minutes west a distance of 638 feet to a point; thence north 1 degree 47 minutes east a distance of 188 feet to a point on the south line of said Land Lot 246; thence west 1,320 feet to the point of beginning, said tract containing 60 acres, more or less.
Tract Number 14
All that tract or parcel of land lying and being in the State of Georgia and County of Cobb, and described as follows: beginning at a point where the Northeast corner of land now or formerly owned by J. M. Austin, intersects with the Northwest corner of land, now or formerly owned by Mrs. T. L. Bussey, and running thence South 88 rods, more or less, to the Easterlin property; thence west along said Easterlin property a distance of 3 rods; thence north 3 rods; thence west 15 rods to made corner; thence north 85 rods, more or less, to public road; thence east 18 rods to a starting point, same containing 10 acres, more or less, and being in Land Lot No. 286 of the 20th District and 2nd Section of Cobb County, Georgia, and being the same property deeded by J. M. Austin to the City of Marietta and the County of Cobb, by deed dated January 13, 1905, recorded in Deed Book 77, page 425, public records, Cobb County, Georgia.
Tract Number 15
All that tract or parcel of land lying and being in Land Lot No. 283 of the 20th District, 2nd Section, Cobb County, Georgia, and beginning at a point on the eastern side of the Mountain Road at the north line of the property formerly owned
5012 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
by F. R. Kirk, now by the United States of America, and running thence north 5 degrees 33 minutes east a distance of 127 feet to a point; thence continuing along the eastern side of said lot north 3 degrees 15 minutes east a distance of 299.17 feet to a point; thence continuing along the eastern side of said lot north no degrees 44 minutes east a distance of 138.67 feet to a point; thence north 83 degrees 31 minutes east 202.30 feet to the western line of the Kennesaw Mountain Battlefield Association property; thence south no degrees 24 minutes west a distance of 593.23 feet to the line of the said Kirk property now owned by the United States of America; thence in a westerly direction along the north line of said property a distance of 228.94 feet to the point of beginning, being a part of the same property conveyed to Thos. Annandale by W. S. N. Neal by deed dated August 20,1900, recorded in Deed Book Z - page 439, Cobb County records.
Tract Number 16
All that tract or parcel of land lying and being in the 20th District, 2nd Section, Cobb County, Georgia, being a portion of Land Lot No. 320 of said district and section, more particularly described as follows: beginning at a point on the East line of said land lot 698.45 feet south of the Northeast corner of said land lot and running thence S1-26W 1,130.91 feet to a point; thence N88-26W a distance of 717.97 feet to a point; thence N33-53E a distance of 1,338.18 feet to the point of beginning on the East line of said land lot. Said tract is triangular in shape and contains 9.32 acres and is bounded as follows: On the South by the property of Channell, on the West by property of G. W. Hardage Estate, on the East by the Eastern land lot line and property of F. R. Kirk. Said tract is shown by plat of the property of the G. W. Hardage Estate surveyed May, 1936, by John H. Saxon, Assistant Topographic Engineer, N. P. S.
Tract Number 17
All that tract or parcel of land situate, lying and being in the State of Georgia, and County of Cobb, and located in original Land Lot No. 320 of the 20th District and Second Section
GEORGIA LAWS 1984 SESSION
5013
of said county, the same being in the shape of a triangle and bounded as follows: on the North by lands known as the G. W. Hardage Estate; on the East by lands now or formerly of F. R. Kirk; on the Southwest by lands of L. M. Channell, and having the following courses and distances, viz.; beginning at the Southeast corner of said Lot No. 320, and being the point where the land herein described corners with the land of C. W. Manning, Lucius Hardage and L. M. Channell, and going thence North 1 degree 26' 0" East 892.38 chains along the land now or formerly of F. R. Kirk to a corner; thence in a Westerly direction north 88 degrees 26' West 717.97 chains; thence in a southerly direction south 37 degrees 21 minutes east 1,146.22 chains, being the point of beginning, all of said tract or parcel of land containing 7.33 acres.
Tract Number 18
All that certain parcel of land situate in Cobb County, State of Georgia, described as follows: being a tract or parcel of land situated, lying and being in the 20th District and 2nd Section of Cobb County, Georgia, and known as 15.71 acres off of the Southeast corner of Land Lot 285, the same being in the shape of a parallelogram and being the same land conveyed by George F. Gober to D. N. Anderson by deed dated September 14,1888, recorded in Deed Book `K,' page 596, of the records of Cobb County, Georgia.
Tract Number 19
All that certain parcel of land situate in Cobb County, State of Georgia, described as follows: being all of Land Lot 42 and parts of Land Lots 33 and 107 in the 19th District and 2nd Section of Cobb County, Georgia, described by metes and bounds as follows: beginning at the SW corner of said Land Lot 107, and running thence N 1 degree 39 minutes E 13.30 feet along the Westerly line of said Land Lot to the NW corner thereof; thence N 0 degree 58 minutes E 2,352.62 feet along the Westerly line of Land Lots 42 and 43 to a point in the center of Dallas Road; thence following the center line of said road the following courses and distances; N 89 degrees 52 minutes E 379.08 feet to a point; thence N 85 degrees 4 minutes E 177.49 feet to a point; thence N 77
5014 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
degrees 48 minutes E 171.63 feet to a point; thence N 73 degrees 32 minutes E 318.63 feet to a point; thence N 77 degrees 33 minutes E 284.63 feet to a point; thence leaving the center line of said road and running S 1 degree 0 minutes W 2,606.13 feet along the Easterly lines of said Land Lots 33 and 42 to the NE corner of said Land Lot 107; thence N 88 degrees 33 minutes W 672.35 feet along the Northerly line of said Land Lot 107 to a point; thence S 0 degree 38 minutes W 1,333.22 feet to a point, and thence N 86 degrees 56 minutes W 653.47 feet along the Southerly line of said Land Lot 107 to the point of beginning, containing 92.77 acres of land, more or less.
Tract Number 20
All that certain parcel of land situate in Cobb County, State of Georgia, described as follows: all of Land Lot No. 1010 of the 16th District and 2nd Section of Cobb County, Georgia, containing 40 acres.
Tract Number 21
All that tract or parcel of land lying and being in Cobb County, Georgia, and being more particularly described as follows: a fractional part of Land Lots Nos. 77 and 78 containing 24 acres, bounded north 409 feet by the South side of the Marietta and Powder Springs Road; East 1,728 feet by lands of Frank Manning; south by original south land line of Lot No. 78, and west 1,584 feet by land of W. J. Manning; also a certain lane 12 feet wide running from the Southeast corner of Lot No. 78 east along the Southern boundary of Lot No. 139 and including a branch; also, 30 acres, being the North three-quarters of Land Lot No. 79; all of said lands containing 54 acres in the aggregate, all in the 17th District and 2nd Section of Cobb County, Georgia, and being the home place of Mrs. J. T. or Leonora W. Corley.
Tract Number 22
All that tract or parcel of land lying and being in the 20th District, 2nd Section of Cobb County, Georgia, and being a part of Land Lot 246 of said District and Section, more particularly described as follows: beginning at the Northeast
GEORGIA LAWS 1984 SESSION
5015
corner of said land lot, and running thence south along the Eastern line of said land lot a distance of 1,305 feet to the point where the said land lot line intersects the right-ofway of the N. C. & St. L. Railway (also known as W. & A. Railroad); thence running in a Southwesterly direction along the Northwestern side of said railroad right-of-way a distance of 1,000 feet to the Southeast corner of the old railroad woodyard property; thence north along the Eastern line of said woodyard property 105 feet to a corner; thence south 76 degrees 50 minutes west along the Northern line of said woodyard lot 420 feet to a point; thence north 13 degrees 10 minutes west 548 feet along the line of the property of Anna Cross Young to a point; thence north 89 degrees 58 minutes west 1,012 feet along the Northern line of said Young property to a point; thence north still along the property of Anna Cross Young a distance of 1,335 feet crossing the Dixie Highway and continuing north to a marble corner on the North land lot line of said Land Lot 246; thence east along the North line of said land lot 730 feet to a point; thence south 100 feet to a point; thence south 72 degrees 20 minutes east 248 feet to a point; thence north 42 degrees 47 minutes east a distance of 255 feet to a point; thence south 40 degrees east a distance of 206 feet; thence north 29 degrees 45 minutes east a distance of 173 feet to the North line of said land lot; thence east along the North line of said land lot 1,094 feet to the point of beginning. Said tract contains in the aggregate 78.72 acres, as per plat of A. T. Merritt, Jr., C. E., October 16, 1937. There is excepted from the above described property the land included in the Dixie Highway State Route #3, U. S. Route #41, running through said property. The whole tract including the highway right-of-way contains 82.04 acres.
Tract Number 23
All that tract and parcel of land lying and being in the State of Georgia and County of Cobb, and being part of original Land Lot 180 of the 19th Land District and 2nd Section of said county, the same containing 3.21 acres and described as follows: beginning at the Northeast corner of said Lot 180 and running thence South no degrees and 15 minutes west a distance of 715.13 feet along the East line of said lot and the West line of Lot 181 to the center line of the John
5016 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Ward Road; thence along the center line of said road in a westwardly direction a distance of 253.8 feet to a point; thence North 1 degree and 58 minutes East a distance of 607.2 feet to the North line of said original Lot; thence along original North line of said Lot 180,89 degrees and 14 minutes east a distance of 200 feet to point of beginning.
Tract Number 24
All that tract or parcel of land lying and being in the 16th District, 2nd Section of Cobb County, Georgia, and being known as original Land Lot No. 1007 of said District and Section, said Lot being more particularly described as follows: beginning at the Southeast corner of said original land lot and running thence north 89 degrees, 0 minutes west a distance of 1,434.17 feet to the Southwest corner of said Land Lot; thence north 1 degree 50 minutes east a distance of 1,508 feet along the line of the Kennesaw Mountain Battlefield Association to the Northwest corner of said land lot; thence south 88 degrees, 25 minutes east along the line of Kennesaw Mountain Battlefield Association 1,422.54 feet to the Northeast corner of said land lot; thence south 1
. degree, 24 minutes west a distance of 1,492.76 feet along the line of the property of Mrs. Annie C. Young and G. W. Kirk to the Southeast corner of said land lot and point of beginning. Being the same property deeded to George Maxwell Kirk by G. W. L. Kirk, Trustee, August 21,1931, by deed recorded in Deed Book 106, page 369, Cobb County records.
Tract Number 25
All that tract or parcel of land lying and being in the 19th District, 2nd Section of Cobb County, Georgia, and being the Southwest quarter of Land Lot No. 181 of said District and Section, containing 10 acres, more or less, and being all of the property in said land lot conveyed to Charles M. Brown by John H. Boston, by deed recorded June 17,1935, in Deed Book 115, page 518, Cobb County records.
Tract Number 26
GEORGIA LAWS 1984 SESSION
5017
All that tract or parcel of land situate, lying and being in the 19th District and 2nd Section of Cobb County, Georgia, and described as follows: Land Lot No. 182 containing 40.29 acres, more or less; Land Lot No. 183 containing 45.69 acres, more or less; Land Lot No. 188 containing 43.42 acres, more or less; Land Lot No. 189 containing 37.03 acres, more or less; west half (Wl/2) of Land Lot No. 187 containing 19.38 acres, more or less. All of said described land lying in one body of 185.81 acres, more or less, as shown on plat made by W. W. McCulloch, County Surveyor, in March, 1914, recorded in the office of the Clerk of the Superior Court of Cobb County, Georgia, in Book #1, Folio 378-379. Being part of the same premises conveyed to said John Hancock Mutual Life Insurance Company by Deed Under Power of Sale dated January 7, 1935, and recorded in the office of the Clerk of the Superior Court of said Cobb County, in Book 117, page 132.
Tract Number 27
All that tract or parcel of land, situate, lying and being in the State of Georgia and County of Cobb, and being lands in original Lots Nos. 321 and 326 of the 20th District and 2nd Section in said County, and also tracts in original Land Lots Nos. 33 and 34 of the 19th District and 2nd Section in said County, all said lands lying in one contiguous body and forming one tract, and located westerly from the City of Marietta, on a public road known as Marietta-Dallas Road, and more particularly described and bounded as follows: beginning at a point on the West original boundary of said Lot No. 326, which point is 231 feet north of the Southwest corner of said Lot, being at corner of lands of Lucius Hardage and J. J. Hardage, and run thence from said point in a southeasterly direction in a straight line along boundary of lands of J. J. Hardage to the South boundary of said Lot 326 and to north boundary of said Lot No. 33; thence continuing in same straight line into Lot 33 a distance of 330 feet to the center of the aforementioned road; thence northeasterly along center of said road to the East line of said Lot No. 33 and west line of Lot 34 in said 19th Land District; continuing thence along center of said road through Lot 34 to the North boundary thereof; and continuing thence along center of said road into Lot No. 326 to a point which is on a
5018 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
line and 170 feet north of the South line of said Lot; thence North through said Lot a distance of 2,468.06 feet to the North line of said Lot and to south line of Lot 321; thence east along south line of said Lot 321 a distance of 642.05 feet to southeast corner of said Lot 321; thence north along east original boundary of said Lot a distance of 1,276.29 feet to a corner at the boundary of the F. R. Kirk land; thence southwesterly along his line a distance of 1,265.75 feet to a corner marked by a rock in bed of creek; thence south along the F. R. Kirk line 660 feet to north line of Lot 326; thence west along said line 800.44 feet to a point near the creek; thence in a Northwesterly course and direction around the curved formation of the bluff line forming the division line between the bottom lands and high lands on north side of the creek in said Lot No. 321, said bluff line being defined by courses running westerly, southerly and northerly and last northwesterly to the west original line of said Lot 321, and along the boundary line of the F. R. Kirk property in said Lot; thence south along said original west line to northwest corner of Lot No. 326; and continuing thence south along west line of said Lot 2,416.74 feet to beginning point. Said tract containing in all 145 acres, more or less, and is bounded on the North by F. R. Kirk lands, east by C. W. Manning; South by C. W. Manning and J. J. Hardage; and west by Lucius Hardage; and west by Lucius Hardage and L. M. Channell and others.
Tract Number 28
All that tract or parcel of land situate, lying and being in Land Lots Number 246 and 249 of the 20th District, 2nd Section of Cobb County, Georgia, being 2 acres, more or less, in the Southeast corner of said Land Lot 246 and 28 acres, more or less, in the Northeast corner of Land Lot 249 of said District and Section, more particularly described as follows: beginning at a point formed by the intersection of the South side of the Stilesboro Road with the Eastern line of Land Lot No. 246, and running thence in a southwesterly direction along the Southern side of said Stilesboro Road to the intersection of the South side of said road with a settlement road; thence in a southerly direction along said settlement road a distance of 1,178 feet, more or less, to the North line of the property of Mrs. Sallie Ashley; thence
GEORGIA LAWS 1984 SESSION
5019
south 88 degrees, 58 minutes east along the said Ashley property for a distance of 960 feet to the East line of Land Lot 249; thence north 2 degrees 11 minutes east a distance of 1,505 feet to the South side of the said Stilesboro Road and point of beginning. Being the same property conveyed by H. P. Presley to Jewell Holcomb by warranty deed dated March 1,1933, recorded in Deed Book 109, page 544, Cobb County records.
Tract Number 29
All that tract or parcel of land situate, lying and being in Land Lots 247 and 248 of the 20th District, 2nd Section of Cobb County, Georgia, more particularly described as follows: beginning at the Southeast corner of the tract above described in Tract Number 28, and running thence south along the Eastern line of Land Lot 249 a distance of 80 feet to a point; thence north 40 degrees, 37 minutes east along the property of Kennesaw Mountain Battlefield Association a distance of 158 feet to a point; thence north 2 degrees 11 minutes east along the property of H. L. Hyde a distance of 1,410 feet to the South side of the Stilesboro Road; thence west 104.35 feet to the Eastern line of Land Lot No. 246; thence south along the Eastern line of Land Lots 246 and 249 a distance of 1,505 feet to the point of beginning at the Southeast corner of the tract before described in Tract No. 28.
Tract Number 30
All that tract or parcel of land lying and being in Land Lot 33 of the 19th District, 2nd Section of Cobb County, Georgia and Land Lot 326 of the 20th District, 2nd Section of Cobb County, Georgia, more particularly described as follows: beginning at a point in the center of the Marietta-Dallas Road formed by the intersection of the West line of Land Lot No. 33 with the center of said road, and running thence in an easterly direction along the center of said road to a point on the line of the property of C. W. Manning; thence in a northwesterly direction along the property of C. W. Manning to the North line of said Land Lot No. 33; thence continuing in a northwesterly direction following a ditch in said Land Lot No. 326 of the 20th District, 2nd Section to
5020 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
the Western line of said Land Lot No. 326; thence south along said land lot line to the district line separating the 20th and the 19th Districts of said county; thence westerly along said district line 256.9 feet to the Northwest corner of said Land Lot No. 33; thence south along the Western line of said Land Lot No. 33 a distance of 282.56 feet to the point of beginning in the center of the Marietta-Dallas Road; being part of the same property conveyed to J. J. Hardage by V. B. Channell March 7,1906, recorded in Deed Book "HH," page 630, Cobb County records, and deed from C. W. Manning to J. J. Hardage, dated March 7, 1906, recorded in Deed Book "HH," page 632, Cobb County records.
Tract Number 31
All that tract or parcel of land lying and being in Land Lots 32 and 43 of the 19th District, 2nd Section of Cobb County, Georgia, more particularly described as follows: beginning at the Southeast corner of land Lot 43 and running thence north along the East line of Land Lot 43 and the East line of Lot 32 a distance of 2,168.4 to the corner in the road known as the John Ward or Cheatham Hill Road where the Eastern line of Land Lot 32 intersects the middle of said road, which point of intersection is 172 feet, more or less, south of the intersection of said road with the Dallas Road; running thence southwesterly along the center of the said John Ward or Cheatham Hill Road through Land Lots 32 and 43 a distance of 2,150 feet, more or less, to a stake; thence south parallel with the Eastern line of said Land Lot 43 and 660 feet, more or less, therefrom to the South line of said Land Lot, said point being the center of the Southern line of said Land Lot; thence east along the Southern line of said Land Lot 660 feet, more or less, to the point of beginning, being a part of the same property conveyed to Mrs. Izie* Goggins by James Goggins by deed dated March 7, 1903, recorded in Deed Book "BB" page 658, Cobb County records.
Tract Number 32
All that tract or parcel of land lying and being in Cobb County, Georgia, being parts of Lots Number Two Hundred Forty-
GEORGIA LAWS 1984 SESSION
5021
Seven (247) and Number Two Hundred Forty-Eight (248) of the Twentieth (20th) District, Second (2nd) Section of said county, and Land Lot Number nine hundred thirty-six (936) of the Sixteenth (16th) District, Second (2nd) Section of said county, said tract being more particularly described as follows: Beginning at a point where the western line of said Land Lot # 247 intersects the southern margin of the Marietta-Kennesaw Road, known as the Dixie Highway, and running thence south 72 degrees 57 minutes east along the southern side of said highway across the Stilesboro Road to the point where the eastern margin of said Stilesboro Road intersects the southern margin of said highway; thence in a northeasterly and easterly direction following the southern margin of the old MariettaKennesaw Highway to the point where the said old road intersects the eastern line of said Land Lot # 936; thence south along the eastern line of said Land Lot # 936 crossing the present paved Dixie Highway four hundred twentyeight (428) feet to the property of the Kennesaw Mountain Battlefield Association; thence following the northern line of the Kennesaw Mountain Battlefield Association property in a southwesterly westerly direction fifteen hundred forty-two (1542) feet to the southwestern corner of Land Lot # 936; thence west following the line of the Kennesaw Mountain Battlefield Association property into Land Lot No. 248 for a distance of three hundred forty-five (345) feet; thence southwesterly still following the line of the Kennesaw Mountain Battlefield Association property a distance of eleven hundred twelve (1112) feet to a point one hundred four and 35/100 (104.35) feet from the western line of said Land Lot # 248 into the 20th District, 2nd Section of said county; thence north parallel with the western line of Land Lot # 248 and crossing the north line of said Land Lot # 248 and continuing north parallel with the western line of said Land Lot # 247 and one hundred four and 35/ 100 (104.35) feet east therefrom, a distance of sixteen hundred (1600) feet to the center of the said Stilesboro Road; thence west one hundred four and 35/100 (104.35) feet to the western line of Land Lot # 247; thence north along the western line of said land lot a distance of nine hundred twenty-five (925) feet to the point of beginning.
5022 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Being the same property conveyed to Homer L. Hyde by George D. and T. P. Redd, Executors, by deed dated April 10, 1920, recorded in Deed Book 67, page 111, except that portion of said property conveyed by said Homer L. Hyde to Kennesaw Mountain Battlefield Association, by deed dated March 31,1924, recorded in Deed Book 79, page 245, Cobb County records, and the small strip one-half acre wide crossing the western line of Land Lots # 247 and # 248 conveyed by the said Homer L. Hyde to Mrs. Jewel Holcomb.
Tract Number 33
All that certain parcel of land being a part of Land Lot No. 287 of the 20th District, 2nd Section, of Cobb County, Georgia, containing 112.91 acres, more or less, of land and described by metes and bounds as follows: BEGINNING at the southwest corner of said Land Lot 287 and thence south 88 degrees 21 minutes east 2,641.97 feet to the SE corner of said lot; thence along the east line of said lot north 2 degrees 13 minutes east 1,361.95 feet to a point; thence north 88 degrees 15 minutes west 1,663.92 feet to a point; thence north 41 degrees east 1,327.84 feet to a point in the north line of said lot; thence along the north line of said lot and thence along the west line of said lot south 2 degrees 00 minutes west 2,722.06 feet to the point of beginning.
Tract Number 34
All that certain parcel of land situate in Cobb County, State of Georgia, described as follows:
Being a part of Land Lot 181 in the 19th District and 2nd Section of Cobb County, State of Georgia, described by metes and bounds as follows:
BEGINNING at the SE corner of said Land Lot 181 and running thence N 0 degrees 27 minutes E 1377.79 feet along the easterly line of said Land Lot to the northeast corner thereof; thence north 88 degrees 46 minutes west 1372.19 feet along the northerly line of said Land Lot to the northwest corner thereof; thence south 0 degrees 15 minutes west 675.13 feet along the westerly line of said Land
GEORGIA LAWS 1984 SESSION
5023
Lot to a point; thence south 89 degrees 8 minutes E 670.46 feet to a point; thence south 0 degrees 36 minutes east 703.76 feet to a point; and thence south 88 degrees 28 minutes east 686.48 feet along the southerly line of said Land Lot to the point of beginning, containing 30 acres of land, more or less.
Tract Number 35
Being that certain parcel of land situated in Cobb County, State of Georgia, described as follows:
Beginning at a point where the old Marietta-Kennesaw Highway joins the United States Highway No. 41 in Land Lot # 936, 16th District and 2nd Section; thence along the North side of United States Highway No. 41 to where the old MariettaKennesaw Highway leaves highway, and running in a northwestwardly direction through the center of the old Marietta-Kennesaw Highway for a distance of 250 feet to a point in the center of said highway, this lot and point being in Land Lot # 247, 20th District, and 2nd Section; thence southeastwardly through Land Lot #247,20th District and 2nd Section, and Lot # 865,16th District and 2nd Section, 1325 feet to a point on the South line of said Land Lot # 865 in the 16th District, thence along this lot line, same being the south line of Land Lot #865 and the north line of Land Lot # 936 both in the 16th District, being a distance of 490 feet to the intersection of Land Lots Nos. 865,866,935 and 936; thence south along the lot line between Land Lots Nos. 865 and 866 and along the west side of the settlement road a distance of 175 feet to the middle of Old MariettaKennesaw Highway; thence westwardly, running with the middle of the Old Marietta-Kennesaw Highway; to the point of beginning, containing 6 acres, more or less.
Tract Number 36
Being all that tract or parcel of land situate in Cobb County, State of Georgia, described as follows:
All that parcel of land situate, lying and being in Land Lot # 330 of the 19th District, 2nd Section of Cobb County, Georgia, more particularly described as follows:
5024 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Beginning at the northeast corner of said land lot and running thence south along the eastern line of said land lot 660 feet to a stake; thence west parallel with the north line of said land lot 660 feet to a stake; thence north parallel with the east line of said land lot 660 feet to the north line of said land lot; thence east along said land lot line 660 feet to the point of beginning; the same being square and containing ten (10) acres of land.
Tract Number 37
Being all that tract or parcel of land situate in Cobb County, State of Georgia, described as follows:
All that tract or parcel of land situate, lying and being in Land Lot # 322 of the 20th District, 2nd Section of Cobb County, Georgia, being more particularly described as follows:
Beginning at a point on the north line of said Land Lot 99.25 feet west of a marble post marking the northeast corner of said land lot; said beginning point being in the center of a small stream or branch intersecting the north line of said land lot; running thence west along the north line of said land lot a distance of 2542.72 feet to the northwest corner of said land lot; thence south along the western line of said land lot 1208.42 feet to a stake, thence north 56 degrees 63 minutes east a distance of 803.55 feet to the center of a creek running through the northern side of said land lot; thence following the meanderings of said creek in a northeasterly direction to the point where said creek intersects the branch mentioned above; thence in a northeasterly direction along the center of said branch to the point of beginning.
Said tract above described contains 32.61 acres and is a part of the property known as the Delk mill track in the northern side of Land Lot 322 of the 20th District, 2nd Section of said County.
Tract Number 38
Being parts of Land Lots 283,288 and 321 in the 20th District and 2nd Section of Cobb County, State of Georgia, described by metes and bounds as follows:
GEORGIA LAWS 1984 SESSION
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BEGINNING at the northeast corner of Land Lot 321 which point is marked by a marble stone and running thence north 2 degrees 0 minutes east 2,722.06 feet along the easterly line of Land Lot 288 to the northeast corner of said Land Lot 288 marked by a marble stone; thence north 0 degrees 24 minutes east along the easterly line of Land Lot 283 621.26 feet to a point; thence north 86 degrees 42 minutes west 228.94 feet; thence south 5 degrees 33 minutes west 375.19 feet to a point; thence south 14 degrees 45 minutes west 264.26 feet to a point; thence south 50 degrees 43 minutes west 92.08 feet to a point; thence south 45 degrees 15 minutes west 145.27 feet to a point; thence south 4 degrees 47 minutes west 422.30 to a point; thence south 27 degrees 11 minutes west 202.34 feet to a point; thence south 34 degrees 49 minutes west 132.45 feet to a point; thence south 18 degrees 19 minutes west 300.60 feet to a point; thence south 3 degrees 38 minutes east 146.64 feet to a point; thence south 6 degrees 9 minutes east 338.66 feet to a point; thence north 81 degrees 33 minutes west 480.15 feet to a point; thence south 1 degree 10 minutes west 1129.39 feet to a point; thence north 88 degrees 29 minutes west 1387.40 feet along the northerly line of said Land Lot 321 to the NW corner of said Land Lot 321 marked by an iron pin; thence south 1 degree 26 minutes west 2405.87 feet along the westerly line of said Land Lot 321 to a point; thence south 40 degrees 55 minutes east 158.96 feet to a point; thence north 84 degrees 48 minutes east 109.50 feet to a point; thence north 65 degrees 38 minutes east 148.50 feet to a point; thence south 57 degrees 59 minutes east 266.20 feet to a point; thence south 23 degrees 42 minutes east 158.36 feet to a point; thence south 88 degrees 17 minutes east 800.44 feet along the southerly line of said Land Lot 321; thence north 1 degree 51 minutes east 660 feet to a point; thence north 62 degrees 35 minutes east 1265.75 feet to a point and thence north 1 degree 3 minutes east 1456.21 feet along the said easterly line of said Land Lot 321 to the point of beginning, containing 189.45 acres of land, more or less.
Tract Number 39
All that certain parcel of land situate in Cobb County, State of Georgia, described as follows; Being a part of Land Lot 331 in the 19th District and 2nd Section of Cobb County, State of Georgia, described by metes and bounds as follows:
5026 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
BEGINNING at the northwest corner of said Land Lot 331 and running thence south 1 degree 47 minutes west 1336.32 feet along the westerly line of said Land Lot to the southwest corner thereof; thence north 46 degrees 28 minutes east 592.5 feet to a point; thence north 58 degrees 13 minutes east 294.24 feet to a point; thence north 1 degree 47 minutes east 772.24 feet to a point and thence north 88 degrees 46 minutes west 661.58 feet along the northerly line of said Land Lot to the point of beginning, containing 15.00 acres of land, more or less.
Tract Number 40
All that certain parcel of land situate in Cobb County, State of Georgia, described as follows:
Being all of Land Lots 257 and 262 in the 19th District and 2nd Section of Cobb County, State of Georgia, containing 83 acres of land, more or less.
Tract Number 41
All that certain parcel of land situate in Cobb County, State of Georgia, described as follows:
Being all that tract or parcel of land situate, lying and being in Land Lot # 263, in the 19th District and 2nd Section of Cobb County, Georgia, containing 10 acres of land, more or less, and being the southeast quarter of said land lot, more particularly described as follows;
Beginning at the southeast corner of said land lot and running thence 88 degrees 36 minutes west along the south line of said land lot a distance of 660 feet; thence north 1 degree 11 minutes east, 660 feet, to a point; thence south 88 degrees 36 minutes east 663.45 feet to the east line of said land lot; thence south 129 degrees west along the east line of said Land Lot 659.80 feet to the point of beginning.
Tract Number 42
Parcel No. 1
GEORGIA LAWS 1984 SESSION
5027
Being all that tract or parcel of land lying and being in Land Lots 286 and 287 of the 20th District and 2nd Section of Cobb County, Georgia, more particularly described as follows;
Beginning at the northeast corner of Land Lot # 287, running thence south along the east line of said land lot to a point marking the boundary of the property between the property herein described and the property now or formerly belonging to B. F. Reed, known as the Easterlin property, and running thence west parallel with the north line of said land lot to a corner marking the southwest corner of the property herein described; thence running north parallel with the east line of said Lot # 287, along said Reed property line to the north line of said land lot; thence east along the north line of said land lot the point of beginning; being approximately 60 acres out of the northeast corner of said land lot, and being all of said land lot except what is known as the Reed or Easterlin property.
Parcel No. 2
All that tract or parcel of land lying and being in Land Lots 286 and 287 of the 20th District and 2nd Section of Cobb County, Georgia and being more particularly described as follows:
Beginning at the northwest corner of Fractional Lot # 286 of the 20th District and 2nd Section of Cobb County, Georgia, and running thence east along the north line of said land lot to the northwest corner of tract conveyed to Marietta and Cobb County January 13, 1905, by J. M. Austin by deed recorded in Deed Volume 77, page 425; thence running south along the western line of said property to the southwest corner thereof; thence west parallel with the north line of said Land Lot # 286, to the western line of said land lot; thence north along the west line of said land lot to the point of beginning.
Said last tract (Parcel No. 2) has an exception consisting of ten (10) acres in the northeast corner of said Land Lot # 286, which is described in a deed from J. M. Austin to the City of Marietta and Cobb County, Georgia, dated January 13, 1905, recorded in Deed Book 77, page 425, the records of
5028 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Cobb County, Georgia. Said tract consists of 36 acres, more or less, and less the exception of ten (10) acres in the Northeast corner of said Lot 286.
Tract Number 43
All that tract or parcel of land situated, lying and being in the northwest corner of original Land Lot No. #249 of the 20th District and 2nd Section of Cobb County, Georgia, more particularly described as follows: Beginning at the original northwest corner of said land lot and running thence south 88 degrees and 48 minutes east along the original north line of said land lot for a distance of 1342.33 feet to a point and corner; thence S1-46-30W for a distance of 380.86 feet to a point and corner; thence S85-10-30W for a distance of 818.17 to a point; thence S79-28-50W for a distance of 534.10 feet to a point on the original west line of said land lot; thence north 1 degree and 2 minutes east along the original west line of said land lot for a distance of 575.03 feet to beginning point, said tract containing 14.20 acres.
Tract Number 44
All that tract or parcel of land lying and being in the 19th District and 2nd Section of Cobb County, Georgia, and being 6.66 acres, more or less, out of the southeast corner of original Land Lot No. 266 and being more fully described as follows: Beginning at the original southeast corner of said land lot and running north 87 degrees and 37 minutes west for 451.11 feet along the original land line of the south side of said land lot to a point on said land line; thence north 3 degrees 23 minutes and 20 seconds west for 606.98 feet to a point; then running north 89 degrees and 25 minutes east for 489.14 feet to a point on the original land line of the eastern side of said land lot; thence south no degrees and 14 minutes west for 630.00 feet to point of beginning, said tract containing 6.66 acres of land more or less.
Parcel #1 Two and forty three one hundredths (2.43) acres out of the southwest part of original Land Lot No. 337 and off of the east side or portion of Land Lot No. 338 in the 19th District and 2nd Section, Cobb County, Georgia and commencing at a point in said Land Lot No. 337, on the south
GEORGIA LAWS 1984 SESSION
5029
side of the Marietta-Powder Springs Road where the center of the old Phillips Farm Road, now a public road, intersects with said Powder Springs Road, and running along the center of the Phillips Farm Road south 00 degrees and 40 minutes and 30 seconds east for 226.80 feet to a point in the center of said road; thence leaving road and running north 86 degrees and 40 minutes west for 63.0 feet; thence south 00 degrees and 40 minutes and 30 seconds east 51.5 feet; thence south 86 degrees and 40 minutes east 63.0 feet to the center line of above mentioned road; thence along center line of said road south 00 degrees 40 minutes and 30 seconds east for a distance of 174.40 feet; thence leaving road and running south 88 degrees and 45 minutes west for 230.18 feet to a point in Land Lot 338; thence north 44 degrees and 27 minutes and 40 seconds west 236.92 feet to a point on south boundary of said Powder Springs Road; thence north 53 degrees and 33 minutes east 485.78 feet, along south side of said road to the point of beginning, said tract being bounded on the north by said Powder Springs Road; East by Kolb Cemetery and the center of said Phillips Farm Road which separates this tract from land now, or formerly, belonging to C. M. Head; south and southwest by land of W. F. Brooks, containing 2.43 acres, more or less.
Parcel #2 Fifteen and five one-hundredths (15.05) acres out of the western portion of Land Lot 338, in the 19th District and 2nd Section, Cobb County, Georgia more particularly described as follows: Commencing at a point on the north side of the Powder Springs Road and running north 28 degrees and 05 minutes and 40 seconds west for 160.06 feet to a point; thence north 88 degrees and 6 minutes west for 552.63 feet to a point; thence north 49 minutes east for 971.36 feet to a point thence north 77 degrees and 34 minutes east for 318.73 feet to a rock corner; thence south 29 degrees and 47 minutes east for 1149 feet to a point at said Powder Springs Road; thence south 53 degrees and 33 minutes west for 150.48 feet along said road to a point; thence south 52 degrees and 36 minutes west for 184.97 feet to the point of beginning, containing 15.05 acres, more or less.
5030 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Tract Number 45
Commencing at a point in the center of Marietta-Dallas Public Road and on the south land line of Lot No. 327 of the 20th District and 2nd Section of Cobb County, Georgia and at a point 1464.60 feet from the southeast corner of said land lot, and running thence N89-13-40W for a distance of 128.10 feet to a point in center of said road; thence N 3-54W for a distance of 949.94 feet to a point; thence N 1-02-25E for a distance of 770.00 feet to a corner; thence S 87-57-30E for a distance of 210.00 feet to a point; thence S 1-02-25W for a distance of 1716.14 feet to original point of beginning, containing 7.38 acres.
Tract Number 46
All that tract or parcel of land situate, lying and being in Original Land Lots Nos. #282 and #283 of the 20th District and 2nd Section of Cobb County, Georgia, more particularly described as follows: Beginning at the original northwest corner of said Land Lot No. #283 and running thence S8852-20E along the original North line of said land lot for a distance of 149.17 feet to a point; thence S2-38-00W for a distance of 1376.54 feet to a point, thence S24-07-40W across original land line separating lots Nos. #282 and #283 for a distance of 1369.43 feet to a point on the original south line of said Land Lot No. #282; thence N89-25-40W along the original south line of said Land Lot No. # 282 for a distance of 881.31 feet to a point which is the southwest corner of the east half of said Land Lot No. #282; thence N36-04-10E for a distance of 1618.63 feet to a point; thence N4-12-10W for a distance of 1325.04 feet to a point on the original north line of said Land Lot No. #282; thence S8846E along the original north line of said Land Lot No. #282 for a distance of 499.25 feet to beginning point which is also the northeast corner of said Land Lot No. #282. Said tract contains 38.33 acres, the larger part of which lies in said Land Lot No. #282, all in said District and said Section, containing 38.33 acres.
Tract Number 47
GEORGIA LAWS 1984 SESSION
5031
Beginning at the northwest corner of original Land Lot No. 328 19th District and 2nd Section of Cobb County, Georgia and thence running south 89 degrees east along the original land line for 360 feet to a point on said land line; thence south 2 degrees and 13 minutes west for 1195.88 feet to a point on the original land line of the south side of said land lot; thence north 88 degrees and 26 minutes west for 52 feet to a point on said land line; thence north 16 degrees 27 minutes and 40 seconds west for 478.47 feet to a point; thence North 55 degrees 20 minutes and 40 seconds west, crossing into Land Lot No. 327, for 673.43 feet to a point in said Land Lot No. 327; thence north 3 degrees 23 minutes and 20 seconds west for 377.21 feet to a point on the original land line of the northern side of Land Lot No. 327; thence south 87 degrees and 37 minutes east for 451.11 feet to the point of beginning, said tract of land being bounded on the north by lands of A. D. Barfield and Mrs. Mattie Smith; on the east by land of Mrs. Mattie Smith; and on the south by land of J. E. Mozley, and containing 12.24 acres.
Tract Number 48
All that tract or parcel of land situate, lying and being in the 20th District, 2nd Section of Cobb County, Georgia, being parts of Land Lots Nos. 289 and 320 of said district and section, more particularly described as follows: Beginning at the northeast corner of Land Lot No. 320, said beginning point being the southeast corner of Land Lot No. 289, and running thence south 1 degree, 24 minutes west along the east line of said Land Lot No. 320 a distance of six hundred ninety-eight and forty-five hundredths (698.45) feet to a monument marking the corner of the property of the United States; running thence south 35 degrees, 50 minutes west along the property of the United States a distance of thirteen hundred thirty-eight and eighteen hundredths (1338.18) feet to a monument marking another corner of the property of the United States; thence north 88 degrees, 26 minutes west a distance of eight hundred seventy-one and twenty-eight hundredths (871.28) feet to a corner; thence north 2 degrees, 10 minutes, 20 seconds east through Land Lots Nos. 320 and 289 a distance of Thirty-one hundred twenty-two and twenty-four hundredths (3122.24) feet to a point in the center of the Burnt Hickory Road;
5032 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
thence north 10 degrees, 17 minutes east a distance of fourteen hundred seven and fifty-two hundredths (1407.52) feet to a point on the north line of said Land Lot No. 289; thence south 89 degrees, 26 minutes east along the north line of said land lot a distance of 49 feet to a corner; thence south 1 degree, 13 minutes west a distance of thirteen hundred ninety and fifty hundredths (1390.50) feet to a corner in the center of said Burnt Hickory Road; thence south 89 degrees, 05 minutes east along the center of said road a distance of five hundred twenty-four and forty-five hundredths (524.45) feet to a point; thence south 84 degrees, 20 minutes east continuing along the center of said road a distance of seven hundred thirty-six and ninety-five hundredths (736.95) feet to the east original line of said Land Lot No. 289; thence south 1 degree, 01 minutes west along the east line of said land lot a distance of twelve hundred forty-eight and thirty-two hundredths (1248.32) feet to the point of beginning, said described tract containing 107.60 acres.
Tract Number 49
All that tract or parcel of land situate, lying and being in Land Lots Nos. 330 and 337 of the 19th District, 2nd Section of Cobb County, Georgia, more particularly described as follows: Beginning at a point on the eastern line of Land Lot No. 330 at a monument marking the southeastern corner of a 10 acre tract in the northeast corner of said lot, and running thence south 1 degree, 42 minutes, 30 seconds west a distance of 367.60 feet to the northwestern side of the Powder Springs Road; thence south 53 degrees, 33 minutes west along the northwestern side of said road a distance of 1599.24 feet to a point on the northwestern side of said road at the intersection of the western side of the John Ward Road with the northwestern side of Powder Springs Road; running thence north 1 degree, 17 minutes, 30 seconds West along the western side of John Ward Road a distance of 649.39 feet to a point; thence north 88 degrees, 26 minutes West a distance of 10 feet; thence north 0 degrees, 15 minutes, 40 seconds east a distance of 120.95 feet to a point on the western side of said John Ward Road; thence south 52 degrees, 25 minutes east a distance of 346.77 feet to a point on the northern side of Land Lot No. 337; thence
GEORGIA LAWS 1984 SESSION
5033
north 65 degrees, 12 minutes, 30 seconds east crossing the north line of said Land Lot No. 337 a distance of 700.14 feet to a point in Land Lot No. 330; thence north 32 degrees, 41 minutes, 10 seconds east a distance of 556.44 feet to a point on the south line of the property of the U. S. Government above mentioned; thence south 88 degrees, 40 minutes, 30 seconds east a distance of 110.03 feet to the point of beginning, containing 10.75 acres.
Tract Number 50
All that tract or parcel of land situate, lying and being in Land Lot No. 266 of the 19th District, 2nd Section of Cobb County, Georgia, more particularly described as follows:
Beginning at the northeast corner of said Land Lot No. 266 and running thence south 0 degrees, 14 minutes west a distance of 715 feet along the eastern line of said land lot to a point on said land lot line; thence south 89 degrees, 25 minutes west a distance of 120 feet; thence north 2 degrees, 30 minutes west a distance of 727.32 feet to the north line of said land lot; thence south 86 degrees, 16 minutes east a distance of 155 feet along the north line of said land lot to the point of beginning. Said tract being bounded on the north by the property of W. T. Hicks; on the east by property of Mattie Dobbs Smith; on the south by the property of A. D. Barfield; and on the west by the property of Mattie Dobbs Smith, containing 2.27 acres.
Tract Number 51
All that tract or parcel of land situate, lying and being in original Land Lot No. 289 of the 20th District and 2nd Section of Cobb County, Georgia, being 28.71 acres of land lying in the northeast corner of said lot and being more particularly described as follows: Commencing at the original southeast corner of said Land Lot # 289 and running thence north 1 degree and 1 minute east along the original east line of said Land Lot #289 for a distance of 1248.32 feet to a point in the center of the Burnt Hickory Road, thence in a westerly direction along the center of said Burnt Hickory Road for a distance of 571.5 feet to a point, which point in said road is the beginning point of the land herein described; thence
5034 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
north 84 degrees and 20 minutes west along the center of Burnt Hickory Road for a distance of 165.45 feet to a point; thence north 89 degrees and 5 minutes west, along the center of Burnt Hickory Road for a distance of 524.45 feet to a point; thence north 1 degree and 13 minutes east for a distance of 1390.5 feet to a point on the original north line of said land lot; thence south 89 degrees and 26 minutes east along the original north line of said land lot; thence south 89 degrees and 26 minutes east along the original north line of said land lot for a distance of 832.31 feet to a point; thence south 13 degrees and 7 minutes east for a distance of 776.68 feet to a point; thence south 28 degrees and 10 minutes west for a distance of 737.53 feet to beginning point, containing 28.71 acres.
Tract Number 52
All that tract or parcel of land situate, lying and being in Land Lots Nos. 337 and 338 of the 19th District, 2nd Section of Cobb County, Georgia, more particularly described as follows: Beginning at the northwest corner of Land Lot # 338 of said District and Section and running thence along the north line of said lot south 88 degrees and 26 minutes east, 1334.13 feet to the northeast corner of said lot, this being identical to southeast corner of land lot #329; thence continuing south 88 degrees and 26 minutes east along north line of Land Lot # 337 for a distance of 10.00 feet to the west side of John Ward Road; thence along the west side of said road, south 1 degree and 17 minutes and 30 seconds east 649.39 feet to the north right-of-way line of Powder Springs Road; thence following said right-of-way south 53 degrees and 33 minutes west 595.00 feet to a point in Land Lot # 338; thence north 29 degrees and 47 minutes west 1149.00 feet to a rock; thence south 77 degrees and 34 minutes west 318.73 feet to the west line of Land Lot 338; thence along west line of said lot north 00 degree and 49 minutes east 110.28 feet to a point of beginning, containing 16.42 acres.
Tract Number 53
All that tract or parcel of land situate, lying and being in the 19th District, 2nd Section of Cobb County, Georgia, being part
GEORGIA LAWS 1984 SESSION
5035
of Land Lot No. 180 of said district and section, more particularly described as follows: Beginning at the northwest corner of said Land Lot No. 180 and running thence south 88 degrees, 56 minutes, 20 seconds east a distance of five hundred fifty-five and ninety-four hundredths (555.94) feet along the north line of said land lot to a point on east side of John Ward Road; thence south 7 degrees, 19 minutes, 10 seconds west a distance of fourteen hundred thirteen and seventeen hundredths (1413.17) feet to a point on the south line of said Land Lot No. 180; thence north 89 degrees, 26 minutes west a distance of three hundred ninety-five and five hundredths (395.05) feet to the southwest corner of said Land Lot No. 180; thence north 0 degrees, 49 minutes east a distance of fourteen hundred eight and seventy-seven (1408.77) feet along the western line of said Land Lot No. 180 to the northwest corner thereof, which is the point of beginning, containing 15.37 acres.
Tract Number 54
All that tract or parcel of land lying and being in the southeast corner of original Land Lot No. 251 of the 20th District and 2nd Section of Cobb County, Georgia, and being 3.38 acres more fully described as follows: Beginning at the original southeast corner of said land lot and running thence north 00 degrees and 57 minutes east for 589.85 feet to a point in the original land line of the eastern side of said land lot; thence running south 41 degrees and 18-20 minutes west for 770.75 feet to a point on the original south land line of said lot, which point is 499.25 feet west of starting point; thence running south 88 degrees and 46 minutes east for 499.25 feet to point of beginning, said tract of land being a triangle shape and bounded on the south by lands of W. M. Gilbert; east by lands of B. V. Greer; north and west by other lands of the Oscar H. Orr estate, 3.38 acres.
Tract Number 55
All that tract or parcel of land situated, lying and being in original Land Lot No. 250 of the 20th District and 2nd Section of Cobb County, Georgia, being triangular in shape, and in the northwest corner of the southeast quarter of the said land lot, and being more particularly described as follows:
5036 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Beginning at a certain point, which point is arrived at in the following manner:
Beginning first at the original northeast corner of said land lot, and running thence south along the original east line of said land lot for a distance of one thousand three hundred eighty-five and thirty-one hundredths (1385.31) feet to a point; thence north 88 degrees and 28 minutes west for a distance of eight hundred seventy five and three tenths (875.3) feet to a point, which point is the beginning point of the property described as follows:
Beginning at the point thus arrived at, and running thence south 35 degrees, 17 minutes, 40 seconds west for a distance of eight hundred four and eighty-five hundredths (804.85) feet to a point; thence north 1 degree 18 minutes east for a distance of six hundred sixty-nine and thirteen hundredths (669.13) feet to a point; thence south 88 degrees and 28 minutes east for a distance of four hundred fifty (450) feet to beginning point, said tract contains three and fifty-six hundredths (3.56) acres.
Tract Number 56
All that tract or parcel of land, situate lying and being in the 19th District, 2nd Section of Cobb County, Georgia being parts of Land Lots Nos. 117 and 118 of said District and Section, more particularly described as follows:
Beginning at a point on the south line of said Land Lot No. 117 at the southeast corner of the tract herein conveyed, which point is two hundred (200) feet west of the southeast corner of said land lot at the line of the property purchased by the United States from C. C. James and running thence North 88 degrees, 56 minutes, 20 seconds West a distance of one thousand seventy-three and two-hundredths (1073.02) feet to the Southwest corner of Land Lot No. 117; thence north 88 degrees, 16 minutes, 20 seconds west nine hundred ninety-nine and thirty-hundredths (999.30) feet to the line of the property of J. W. Smith; thence north 1 degree, 16 minutes east along the property of J. W. Smith a distance of one thousand three hundred forty-three and eighty-two hundredths (1343.82) feet to a corner of property line
GEORGIA LAWS 1984 SESSION
5037
between the property herein conveyed and the property of the said J. W. Smith; thence south 88 degrees, 40 minutes, 30 seconds east along the property of said J. W. Smith a distance of one thousand seventeen and fifty-one hundredths (1017.51) feet to an old road separating the property herein conveyed from the property of R. 0. Hardage; thence south 52 degrees, 08 minutes, 40 seconds east a distance of one hundred fifty-five and twenty-two hundredths (155.22) feet; thence south 33 degrees, 43 minutes east a distance of two hundred forty-five and seventy-eight hundredths (245.78) feet; thence south 43 degrees, 19 minutes, 20 seconds east three hundred sixty-one and sixty-five hundredths (361.65) feet; thence south 44 degrees, 24 minutes east a distance of four hundred eighty-five and eightytwo hundredths (485.82) feet; thence south 43 degrees, 36 minutes, 40 seconds east a distance of two hundred seventy and sixty-one-hundredths (270.61) feet to the northwest corner of property purchased by the United States from C. C. James; thence south 1 degree, 56 minutes west a distance of two hundred sixty-four and forty-three-hundredths (264.43) feet to point of beginning. Being the same property purchased by C. C. James from T. P. Redd by deed dated December 27,1919, recorded in Deed Book 66, Page 240, Cobb County Records, excepting a small tract of 0.71 of an acre in the Southeast corner of said Land Lot No. 117, previously conveyed by the said C. C. James to U. S. A.
Tract Number 57
All that tract or parcel of land situate, lying and being in the 20th District, 2nd Section of Cobb County, Georgia, and being 80.40 acres, more or less, in Land Lot No. 250 of said district and section and a fractional part of an acre in the southeast corner of Land Lot No. 245 southeast of the railroad right-of-way, more particularly described as follows:
Beginning at the southwest corner of said Land Lot No. 250 and running thence north 0 degrees 57 minutes, 00 seconds east a distance of 1771.71 feet to a point on the south line of the W. & A. Railroad right-of-way; thence running north 83 degrees, 36 minutes, 40 seconds east a distance of 308.48
5038 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
feet to a point; thence north 82 degrees, 52 minutes east a distance of 179.51 feet to a point; thence north 80 degrees, 53 minutes, 20 seconds east a distance of 167.29 feet to a point; thence north 85 degrees, 41 minutes east a distance of 120.71 feet to a point; thence north 70 degrees, 21 minutes, 20 seconds east a distance of 121.58 feet to a point; thence north 74 degrees, 52 minutes east a distance of 211.64 feet to a point; thence north 71 degrees, 59 minutes, 40 seconds east a distance of 183.79 feet to a point; thence north 69 degrees, 24 minutes east a distance of 212.70 feet to a point; thence north 71 degrees, 53 minutes, 20 seconds east a distance of 417.02 feet to a point; thence north 58 degrees, 34 minutes, 20 seconds east a distance of 252.04 feet to a point; thence north 52 degrees, 48 minutes east a distance of 205.72 feet to a point; thence north 52 degrees, 59 minutes, 20 seconds east a distance of 86.19 feet to a point; thence north 50 degrees, 44 minutes east a distance of 90.10 feet to a point; thence north 48 degrees, 48 minutes east a distance of 107.58 feet to a point; thence north 56 degrees, 19 minutes, 40 seconds east a distance of 70.50 feet to a point; thence north 50 degrees, 11 minutes east a distance of 60.05 feet to a point; thence north 38 degrees, 0 . minutes, 20 seconds east a distance of 62.40 feet to the east line of Land Lot No. 245 of said district and section; thence south 1 degree, 55 minutes west a distance of 132.18 feet to the northeast corner of Land Lot No. 250; thence south along the east line of said land lot 1 degree, 02 minutes west a distance of 1385.31 feet to a point on the line separating the property herein described from the property of W. F. Newton; thence north 88 degrees, 28 minutes west along said Newton property a distance of 1325.30 feet to a point; thence south 1 degree, 18 minutes west, a distance of 669.13 feet to a point; thence north 88 degrees, 37 minutes, 20 seconds west, a distance of 330.00 feet; thence south 1 degree, 16 minutes, 20 seconds west a distance of 659.04 feet to a point on the south line of said Land Lot No. 250; thence north 88 degrees, 52 minutes, 20 seconds west a distance of 916.03 feet to a point of beginning.
Tract Number 58
All that tract or parcel of land, situate, lying and being in the 19th and 20th Districts of Cobb County, Georgia, and being
GEORGIA LAWS 1984 SESSION
5039
parts of Land Lot No. 32 of the 19th District, 2nd Section of said county and a part of Land Lots Nos. 327 and 320 of the 20th District, 2nd Section of said county, more particularly described as follows: beginning at a point in the center of the Marietta-Dallas Road on the line separating the 20th District from the 19th District of said county at the southeast corner of the property of C. D. Elder; and running thence north 1 degree, 02 minutes, 25 seconds east a distance of 3556.14 feet to the line of the property of G. W. Hardage Estate; thence south 88 degrees, 26 minutes east a distance of 721.28 feet to a point on the line of the property owned by the United States Government; thence south 37 degrees, 29 minutes east a distance of 1147.91 feet to the southeast corner of said Land Lot No. 320; thence north 88 degrees, 00 minutes west along the line separating Land Lot No. 320 from Land Lot No. 327 a distance of 952.09 feet to a point; thence south 0 degrees, 04 minutes, 40 seconds west a distance of 2802.25 feet crossing said district line to the center of said Marietta-Dallas Road; thence north 72 degrees, 15 minutes, 30 seconds west a distance of 418.12 feet to a point in the center of said road; thence continuing along the center of said road north 82 degrees, 40 minutes west a distance of 131.13 feet to the point of beginning.
Tract Number 59
All that tract or parcel of land, situate, lying and being in Land Lots Nos. 32 and 43 of the 19th District, 2nd Section of Cobb County, Georgia, being more particularly described as follows: beginning at a point marked by a concrete United States Government land monument located on the district line between the 19th District and the 20th District of said county being the northeast corner of said Land Lot No. 32, and running thence south no degrees, 58 minutes, 30 seconds west a distance of 252 feet to a point on the Dallas-Marietta Highway; thence north 86 degrees, 57 minutes, 30 seconds west a distance of 105.63 feet to a point; thence north 82 degrees, 35 minutes, no seconds west 113 feet to a point; thence south 7 degrees, 25 minutes, no seconds west across said highway a distance of 80 feet to a point; thence south 82 degrees, 35 minutes, no seconds east 116.05 feet to a point; thence south 86 degrees, 57 minutes, 30 seconds east 111.57 feet to a point in the center of the so
5040 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
called Mountain of Cheatham Hill Road; thence south no degrees, 58 minutes, 30 seconds west a distance of 40.26 feet to a point; thence south 9 degrees, 28 minutes, no seconds west 107.56 feet to a point; thence south 4 degrees, 36 minutes, 30 seconds west a distance of 285.21 feet to a point; thence south 9 degrees, 25 minutes, 30 seconds west a distance of 541.46 feet to a point; thence south 22 degrees, 24 minutes, no seconds west a distance of 361.55 feet to a point; thence south 23 degrees, 02 minutes, no seconds west a distance of 18.10 feet to a point; thence south 89 degrees, 53 minutes, 40 seconds west a distance of 1065.41 feet to a point on the west side of said Land Lot No. 43; thence north 1 degree, 09 minutes no seconds east a distance of 330.55 feet to a point marking the southwest corner of said Land Lot No. 32; thence north no degrees, 04 minutes, 40 seconds east a distance of 1337.65 feet to the northwest corner of said Land Lot No. 32, which point is in the center of the said Dallas-Marietta Highway; thence south 89 degrees, 13 minutes, 40 seconds east along the center of said highway a distance of 128.10 feet to a point; thence south 82 degrees, 40 minutes, no seconds east continuing along the center of said highway a distance of 131.13 feet; thence south 72 degrees, 15 minutes, 30 seconds east continuing along the center of said highway a distance of 418.12 feet to a point in the center of said highway; thence north no degrees, 04 minutes, 40 seconds east a distance of 137 feet to the north line of said Land Lot No. 32 and the district line above mentioned; thence south 89 degrees, 13 minutes, 40 seconds east along the said district line and the north line of the said Land Lot No. 32 a distance of 682.17 feet to the point of beginning, said tract containing 46.76 acres.
Tract Number 60
All those tracts or parcels of land situate, lying and being in the 19th District and 2nd Section of Cobb County, Georgia, being parts of Land Lots No. 253, No. 265, No. 266, No. 328, No. 338, No. 339, No. 403, and all of No. 329, consisting of two tracts and containing in the aggregate, one hundred thirty-nine and eighteen hundredths (139.18) acres more or less, and more particularly described as follows:
GEORGIA LAWS 1984 SESSION
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Parcel 1 -- beginning at the original northwest corner of Land Lot No. 403 and running thence along the south line of Land Lot No. 339, North 89 degrees, 20 minutes, 30 seconds west for a distance of six hundred eighty-six and thirty-nine hundredths (686.39) feet; thence north 23 degrees, 50 minutes, 50 seconds west for a distance of two hundred sixtyfour (264.00) feet to a stake in Land Lot No. 339; thence north 11 degrees, 10 minutes, 20 seconds west for a distance of one thousand one hundred twenty and ninety-two (1120.92) feet to a stake on the north line of Land Lot No. 339; thence running with the North line of Land Lot No. 339, south 88 degrees, 26 minutes east for a distance of fifty-two (52.00) feet; thence north 2 degrees, 13 minutes east for a distance of one thousand one hundred ninety-five and eighty-eight hundredths (1195.88) feet to a stake on north line of Land Lot No. 328, thence running with north line of Land Lot No. 328, north 89 degrees, 0 minutes west, a distance of three hundred sixty (360.00) feet to the northwest corner of Land Lot No. 328; thence running along west line of Land Lot No. 265, north 0 degrees, 14 minutes east, for a distance of one thousand three hundred forty-five (1345.00) feet to the northwest corner of Land Lot No. 265; thence along north line of Land Lot No. 265; south 87 degrees, 29 minutes east for a distance of three hundred twenty-three and thirty-nine hundredths (323.39) feet to a point; thence south 22 degrees, one minute, 50 seconds east for a distance of sixteen and sixty-six hundredths (16.66) feet to a stake on the west bank of a ditch; thence south 25 degrees, 16 minutes east for a distance of six hundred thirty and thirty-seven hundredths (630.37) feet to a stake on the east side of a ditch in Land Lot No. 265; thence north 50 degrees, 54 minutes, 20 seconds east for a distance of five hundred forty-one and ninety-five hundredths (541.95) feet; thence north 89 degrees, 20 minutes, 10 seconds east for a distance of two hundred ninetytwo and nine hundredths (292.09) feet to the east line of Land Lot No. 265; thence running with east line of Land Lot No. 265 and west line of Land Lot No. 264, south 0 degrees, 39 minutes west for a distance of nine hundred seventy-six (976.00) feet to the southwest corner of Land Lot No. 264; thence running with south line of Land Lot No. 264, south 89 degrees, 59 minutes east for a distance of one thousand three hundred twenty-five and sixty-three
5042 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
hundredths (13325.63) feet to the southeast corner of Land Lot No. 264 and the northeast corner of Land Lot No. 329, thence running with the east line of Land Lot No. 329, south 0 degrees, 15 minutes, 40 seconds west, for a distance of one thousand three hundred sixty-nine and ninety-one hundredths (1369.91) feet to southeast corner of Land Lot No. 329; thence running with south line of Land Lot No. 329 north 88 degrees, 26 minutes west for a distance of one thousand three hundred thirty-four and thirteen hundredths (1334.13) feet to the southwest corner of Land Lot No. 329 and the northeast corner of Land Lot No. 339; thence running with the east line of Land Lot No. 339, south 0 degrees, 49 minutes west for a distance of one thousand eighty-one and sixty-four (1081.64) feet; thence south 88 degrees, 6 minutes east for a distance of five hundred fifty-two and sixty-three hundredths (552.63) feet to a stake in Land Lot No. 338; thence south 28 degrees, 5 minutes, 40 seconds east for a distance of one hundred sixty and six hundredths (160.06) feet to a stake in Land Lot No. 338, on the north right-of-way line of the Marietta-Powder Springs Road; thence running with said right-of-way line, south 51 degrees, 8 minutes, 10 seconds west for a distance of 160 feet to a stake on the south line of Land Lot No. 338; thence continuing with right of way line of said road, south 48 degrees 39 minutes 10 seconds west for a distance of two hundred sixty-three and twenty-six hundredths (263.26) feet; thence north 58 degrees, 57 minutes, 30 seconds west for a distance of three hundred sixty and sixty-eight hundredths (360.68) feet to the point of beginning, containing one hundred thirty-one and eighty-four hundredths (131.84) acres, more or less.
Parcel 2 -- beginning at the original northwest corner of Land Lot No. 265 and running thence with the north line of Land Lot No. 266, north 86 degrees, 16 minutes west for a distance of one hundred fifty-five (155.00) feet; thence with center line of a ditch, south 2 degrees, 30 minutes east for a distance of seven hundred twenty-seven and thirty-two hundredths (727.32) feet to the property line of A. D. Barfield in Land Lot No. 266; thence running with the property line of A. D. Barfield, south 89 degrees, 25 minutes west for a distance of three hundred sixty-nine and fourteen hundredths (369.14) feet; thence with the prop-
GEORGIA LAWS 1984 SESSION
5043
erty line of W. T. Hicks, north 3 degrees, 23 minutes, 20 seconds west for a distance of eight hundred three and nineteen hundredths (803.19) feet to a point on the north side of Ward Creek in Land Lot No. 253; thence north 87 degrees, 8 minutes east for a distance of five hundred fortyone and eighty-one hundredths (541.81) feet to the east line of Land Lot No. 253; thence running with the east line of Land Lot No. 253, south 0 degrees, 50 minutes west for a distance of one hundred nine (109.00) feet to the point of beginning, containing seven and thirty-four hundredths (7.34) acres, more or less.
Tract Number 61
All that tract or parcel of land situate, lying and being in the 19th District and 2nd Section of Cobb County, Georgia, being parts of Land Lots No. 43, No. 106 and No. 117, and more particularly described as follows: beginning at the original northwest corner of Land Lot No. 106 and running with north line of said land lot*, south 88 degrees, 23 minutes, 30 seconds east for a distance of three hundred twenty-five (325.00) feet to a point on the center line of the John Ward Road; thence running with center line of said road in Land Lot No. 43, north 65 degrees, 35 minutes, 20 seconds east for a distance of three hundred ninety-four and fifty-one hundredths (394.51) feet; thence south 2 degrees, 16 minutes west for a distance of one hundred seventy-three and five hundredths (173.05) feet in Land Lot No. 43 to a point on the north line of Land Lot No. 106; thence running with north line of Land Lot No. 106, south 88 degrees, 53 minutes east for a distance of four hundred forty-two and sixty-three hundredths (442.63) feet; thence crossing original line between Land Lots No. 106 and 117, south 1 degree, 56 minutes west for a distance of two thousand four hundred thirteen and twenty-six hundredths (2413.26) feet to a point on the center line of an abandoned road in Land Lot No. 117; thence running with center line of said road north 43 degrees, 36 minutes, 40 seconds west for a distance of two hundred seventy and sixty-one hundredths (270.61) feet; thence continuing with center line of said road, north 44 degrees, 24 minutes west for a distance of four hundred eighty-five and eighty-two hundredths (485.82) feet; thence continuing with center line of said road, north 43 degrees,
5044 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
19 minutes, 20 seconds west for a distance of three hundred sixty-one and sixty-five hundredths (361.65) feet; thence continuing with said center line north 33 degrees, 43 minutes west for a distance of two hundred forty-five and seventy-eight (245.78) feet to a point on the east side of the John Ward Road; thence crossing said road north 52 degrees, 8 minutes, 40 seconds west for a distance of one hundred fifty-five and twenty-two hundredths (155.22) feet to the original northwest corner of Land Lot No. 117; thence running with west line of Land Lot No. 106, north 0 degrees, 10 minutes west for a distance of one thousand three hundred thirty-three and forty-five hundredths (1333.45) feet to the point of beginning, containing fortyseven and sixty-one hundredths (47.61) acres, more or less.
Tract Number 62
All that tract or parcel of land situate, lying and being in Land Lot No. 43 of the 19th District, 2nd Section of Cobb County, Georgia, more particularly described as follows: beginning at the southwest corner of said Land Lot No. 43, and running thence north 1 degree, 09 minutes east along the west line of said land lot a distance of nine hundred fortyseven and seventy-eight hundredths (947.78) feet to a stake on the west line of said land lot; thence running north 89 degrees, 53 minutes, 40 seconds east along the south line of the property of Searight Goggins a distance of one thousand sixty-five and forty-one hundredths (1065.41) feet to the center of the John Ward road; thence South 23 degrees, 02 minutes west along the center of said road a distance of five hundred thirty-two and eighty-two hundredths (532.82) feet to a point; thence south 22 degrees, 32 minutes, 30 seconds west a distance of one hundred fiftyeight and ten hundredths (158. 10) feet to a point; thence south 34 degrees, 44 minutes, 30 seconds west a distance of one hundred seven and forty-two hundredths (107.42) feet to a point; thence south 45 degrees, 01 minutes, 30 seconds west a distance of one hundred and eighty-six hundredths (100.86) feet to a point; thence south 65 degrees, 35 minutes, 20 seconds west continuing along the center of said road a distance of three hundred ninety-four and fifty-one hundredths (394.51) feet to the south line of said Land Lot No. 43, thence north 88 degrees, 23 minutes, 30 seconds
GEORGIA LAWS 1984 SESSION
5045
west a distance of three hundred twenty-five (325) feet to the southwest corner of said land lot and point of beginning, containing eighteen and twenty-seven hundredths (18.27) acres, more or less.
Tract Number 63
All that tract or parcel of land situate, lying and being in the 19th District and 2nd Section of Cobb County, Georgia, being parts of Land Lots No. 179, No. 191, No. 192, No. 253, and No. 254 and more particularly described as follows: beginning at the original northeast corner of Land Lot No. 179 and running thence along the north line of said Land Lot, north 88 degrees, 16 minutes, 20 seconds west, a distance of three hundred seventy-three and twenty-hundredths (373.20) feet to a stake; thence south 6 degrees, 30 minutes, 20 seconds west a distance of two thousand five hundred five and forty-one hundredths (2505.41) feet through Land Lot No. 179 to a stake in Land Lot No. 192; thence south 36 degrees, 15 minutes west, a distance of eight hundred thirteen and twenty-three hundredths (813.23) feet to a stake in Land Lot No. 253; thence south 30 degrees, 25 minutes, 20 seconds east, a distance of one thousand fiftyone and forty-eight hundredths (1051.48) feet to a stake in Land Lot No. 253; thence north 87 degrees, 8 minutes east, a distance of five hundred forty-one and eighty-one hundredths (541.81) feet to the east line of Land Lot No. 253; thence along east line of Land Lot No. 253; south 0 degrees, 50 minutes west, a distance of one hundred nine (109.00) feet to southeast corner of Land Lot No. 253, thence along south line of Land Lot No. 254, south 87 degrees, 29 minutes east, a distance of three hundred twenty-three and thirty-nine hundredths (323.39) feet to a point on Ward Creek; thence north 22 degrees, 1 minute, 50 seconds west, a distance of four hundred seventy and nineteen hundredths (470.19) feet to a stake in Land Lot No. 254; thence north 7 degrees, 19 minutes, 10 seconds east, a distance of two thousand three hundred seven and fifty-two hundredths (2307.52) feet to the north line of Land Lot No. 191; thence with the north line of Land Lot No. 191, north 89 degrees, 26 minutes west, a distance of three hundred ninety-five and ninety-five hundredths (395.95) feet to the northwest corner of Land Lot No. 191; thence north 0 degrees, 49
5046 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
minutes east a distance of one thousand four hundred eight and seventy-seven hundredths (1408.77) feet to the point of beginning, said tract containing seventy-four and thirtyeight hundredths (74.38) acres, more or less.
Tract Number 64
All those tracts or parcels of land being described as follows: A tract consisting of Land Lots 936,937,938,1008,1009,1007 and 1010 in the 16th District 2nd Section Cobb County, Georgia.
Tract Number 65
All those tracts or parcels of land being described as follows: A tract consisting of Land Lots 248, 285, 287, 321 and 320 in the 20th District and 2nd Section of Cobb County, Georgia.
Tract Number 66
All those tracts or parcels of land being described as follows: A tract consisting of Land Lots 32, 33, 42, 43, 106, 107, 108, 115,116,117,181,182,183,188,189,257,262 and 329 in the 19th District and 2nd Section of Cobb County, Georgia.
Tract No. 67
All that tract or parcel of land being described as follows: Those portions of Land Lots 865 and 936, 16th District and 2nd Section; Land Lots 247, 286, 322, 284, 249, 245, 246, 250, 257, 283, 282, 288, 289, 326 and 327 of the 20th District 2nd Section; Land Lots 118, 114, 184, 180, 179, 192, 191, 187, 254, 253, 263, 265, 266, 331, 330, 328, 327, 339, 338 and 337 of the 19th District and 2nd Section Cobb County, Georgia that are part of the Kennesaw Mountain National Battlefield Park, Cobb County, Georgia.
Tract Number 68
All that tract or parcel of land being described as follows: All of the right of way of the Powder Springs Road lying in Land Lots 330, 337, and 338, 19th District and 2nd Section of Cobb County, Georgia."
GEORGIA LAWS 1984 SESSION
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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 1984 Session of the General Assembly of Georgia, a bill to amend an act reincorporating the City of Marietta, Georgia in Cobb County and creating new charter for said city approved March 23, 1977 (Ga. L. 1977, p. 35-41) and for other purposes.
This 6th day of January, 1984.
Roy E. Barnes Haskew Brantley Joe L. Thompson Carl Harrison Joe Mack Wilson A. L. Burruss 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, Joe Mack Wilson, 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 date: January 13, 1984.
5048 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
/s/ Joe Mack Wilson Representative, 20th District
Sworn to and subscribed before me, this 15th day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 28,1984.
DeKALB COUNTY RECORDER'S COURT AND MAGISTRATE COURT STUDY COMMISSION
CREATED. No. 81 (House Resolution No. 734).
A RESOLUTION
Creating the DeKalb County Recorder's Court and Magistrate Court Study Commission; and for other purposes.
WHEREAS, the state-wide legislation establishing magistrate courts in Georgia has resulted in potentially conflicting judicial jurisdiction in DeKalb County; and
WHEREAS, the complexities of resolving the administrative and judicial issues relating to such courts in DeKalb County require intensive investigation; and
GEORGIA LAWS 1984 SESSION
5049
WHEREAS, the best interest of DeKalb citizens will be served by a coordinated local and state approach to resolving these issues.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the DeKalb County Recorder's Court and Magistrate Court Study Commission which shall be composed of nine members as follows:
(1) Three members to be appointed by a majority vote of the DeKalb County House Delegation;
(2) Three members to be appointed by a majority vote of the DeKalb County Senate Delegation;
(3) One member to be a judge of the Superior Court of DeKalb County appointed by the chief judge of said court;
(4) One member to be a judge of the State Court of DeKalb County to be appointed by the chief judge of said court; and
(5) One member to be a county commissioner to be appointed by the chairman of the county commission.
The commission shall select a chair and a vice-chair by vote of the members at the first meeting. The commission may elect such other officers as it deems advisable and shall establish such quorum, attendance, and other rules as it deems necessary.
BE IT FURTHER RESOLVED that the commission shall undertake a study of all aspects of the DeKalb County system and shall study the coordination, design, and functions of the Recorder's and Magistrate Courts of DeKalb County. The commission may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to perform fully and effectively its duties and accomplish the objectives and purposes of this resolution. The members of the commission shall serve without compensation.
BE IT FURTHER RESOLVED that the commission shall make a report of its findings, conclusions, and recommendations for the improvement of the DeKalb County system of Recorder's and Magistrate Courts, including any proposed legislation, to the DeKalb County House and Senate Delegations on or before December 1,1984, on which date the commission shall stand abolished.
Approved March 29,1984.
5050 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CHATHAM COUNTY -- LAWS RELATIVE TO GOVERNING AUTHORITY REVISED.
No. 1177 (House Bill No. 1621).
AN ACT
To completely revise the laws relative to the governing authority of Chatham County; to provide for a board of commissioners as the governing authority of said county; to provide for the election of said commissioners; to provide for the organization of said board of commissioners and for the organization of the government of said county; to provide for officials and employees; to provide for the powers and duties of the board of commissioners and for certain officials and employees; to provide for other matters relative to the foregoing; to provide effective dates; to repeal specific Acts subject to certain limitations; to provide for severability; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. The governing authority. The governing authority of Chatham County shall be known and shall be designated as the Board of Commissioners of Chatham County, hereinafter referred to in this Act as the "board of commissioners" or "board," and shall consist of nine commissioners, one of whom shall be the chairman thereof. All members of the board of commissioners, including the chairman, shall be entitled to vote on any question before the board. All members, including the chairman, shall be elected as provided in this Act.
Section 2. Election; qualifications; terms, (a) The chairman shall be elected by a majority of the qualified electors of Chatham County voting from the county at large. In order to be eligible to offer for election for such office, a candidate must have been a resident and
GEORGIA LAWS 1984 SESSION
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qualified elector of Chatham County for at least two years prior to the general election at which said candidate offers for election; and a candidate shall be at least 25 years of age upon taking office. A candidate elected to the office of chairman shall take office on the first business day of January immediately following such election and shall serve for a term of four years and until a successor is elected and qualified.
(b) There shall be elected from each commissioner district provided for in Section 3 of this Act, one commissioner of Chatham County who shall be elected by a majority of the qualified electors voting within each respective commissioner district. In order to be eligible to offer for election for such office, a candidate must have resided in the commissioner district for which said candidate is offering for election for at least one year prior to the general election at which said candidate offers for election; and a candidate shall be at least 21 years of age upon taking office. Candidates elected to office shall take office on the first business day of January following their election and shall serve for a term of office for four years and until their successors are elected and qualified.
Section 3. Commissioner districts, (a) For the purpose of electing commissioners of Chatham County other than the chairman, Chatham County is divided into eight commissioner districts composed of portions of Chatham County as follows:
Commissioner 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
5052 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 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
GEORGIA LAWS 1984 SESSION
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 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
5053
5054 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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
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
GEORGIA LAWS 1984 SESSION
5055
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
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
5056 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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
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, s 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
GEORGIA LAWS 1984 SESSION
5057
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 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
(b) For the purposes of subsection (a) 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;
5058 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(3) Any part of Chatham County which is not included in any district described in this section shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 1980 for the State of Georgia.
Section 4. First board of commissioners; Georgia Election Code, (a) The first members of the board of commissioners provided for by this Act, including the chairman, shall be elected at the general election of 1984 and shall take office on the first business day of January, 1985, for terms of four years and until their successors are elected and qualified. Thereafter, the chairman and other members of the board of commissioners shall be elected at the general election immediately preceding the expiration of terms of office and shall take office on the first business day of January immediately following their election for terms of four years and until their successors are elected and qualified.
(b) The chairman and all members of the board of commissioners shall be nominated and elected in accordance with the provisions of Chapter 2 of Title 21 of the O.C.G.A., known as the "Georgia Election Code."
Section 5. Oath; bonds, (a) Before entering upon the discharge of their duties, the members of the board of commissioners shall each take and subscribe to the following oath: "I do solemnly swear that I will impartially discharge the duties of my office, so help me God," which oath shall be taken before the judge of the superior court of said county, or the judge of the probate court of said county, or in their absence, before the clerk of the superior court of said county.
(b) The chairman and each of the other members of the board of commissioners shall give a satisfactory surety bond, as determined by the chief judge of the Superior Court of Chatham County, and payable to the clerk of the board of commissioners and filed in the office of said clerk, conditioned upon the faithful performance of the duties of their office. The bond for the chairman shall be in the amount of $50,000.00 and the bond of each of the other commissioners shall be in an amount of $10,000.00. The costs of such bonds shall be paid from the funds of Chatham County.
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Section 6. Other elective public office prohibited. No member of the board of commissioners shall hold any other elective public office while holding office as a member of the board.
Section 7. Vacancies; forfeiture of office, (a) The office of any member of the board of commissioners shall become vacant upon the death, resignation, removal from office in any manner authorized by law, or forfeiture of the office of the member as provided in subsection (b) of this section.
(b) A member of the board of commissioners shall forfeit the office held by the member if:
(1) The member lacks at any time during the member's term of office any qualification prescribed by this Act to hold the office;
(2) The member is convicted of a felony or other crime involving moral turpitude, regardless of sentence imposed; or
(3) The member fails to attend four consecutive regular meetings of the board of commissioners without being excused by the board.
(c) A vacancy in the office of chairman or another member of the board of commissioners occurring prior to the expiration of threefourths of the term to which elected shall be filled by special election. Such election shall be held not less than 45 nor more than 90 days after such vacancy shall occur. The person elected shall serve for the remainder of the unexpired term. In the event such vacancy occurs after the expiration of three-fourths or more of the term to which elected, the same may be filled by appointment by the majority vote of the remaining members of the board of commissioners. The person so appointed shall serve for the remainder of the unexpired term. In the event the board of commissioners does not make such appointment within 120 days after the date the vacancy occurred, the vacancy shall be filled by special election to be held within 45 days of the board's failure to act. When the board of commissioners fills a vacancy in the office of chairman by appointment, such appointment shall be made from the membership of the board of commissioners. The vacancy thus created in the membership of the board of commissioners shall be filled for the unexpired term by appointment of the board of commissioners as provided in this subsection. Whenever a
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special election can be held concurrently with a general election, the election superintendent shall make every reasonable effort to call such special election so that it may be conducted contemporaneously with such general election.
(d) Special elections provided for in subsection (c) of this section shall be called, 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." A special election to fill a vacancy in the office of chairman of the board of commissioners shall be county wide. A special election to fill a vacancy in the office of commissioner other than the chairman shall be held in the commissioner district wherein the vacancy exists.
Section 8. Salaries. The chairman of the Board of Commissioners of Chatham County shall receive an annual salary of not more than $15,000.00 payable in equal monthly installments from the funds of Chatham County. The commissioners other than the chairman shall each receive an annual salary of not more than $7,200.00 payable in equal monthly installments from the funds of Chatham County. In addition, the chairman and the other commissioners shall be reimbursed for any reasonable expenses incurred in the performance of their duties in such manner as may be established by the board of commissioners in open session at a regularly scheduled meeting.
Section 9. Meetings, (a) The board of commissioners shall hold regular meetings on the second and fourth Fridays of each month, except as may otherwise be determined by the board of commissioners, at the county seat for all matters requiring action of an administrative or policy nature, and for all matters advertised or scheduled for hearing in which the public will be asked to speak for or against the items under consideration, which meetings shall be open to the public. All regularly scheduled meetings of the commission shall commence at 10:00 A.M. Meeting hours for the public hearings may be changed by action of the board of commissioners and may be held at such hours as stated in the public notice of the date and time of such hearings. Special or additional meetings may be held as necessary upon call of the chairman or any five members of the board of commissioners, provided all members of the board of commissioners have been notified at least 24 hours in advance of such special or additional meeting, and such notice shall specify the subject matter to be considered.
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(b) At any meeting of the board of commissioners, each commissioner present shall vote on each question before the board unless a commissioner is immediately and particularly interested in the question or unless a member is excused from voting by the board of commissioners. A motion to excuse a member from voting must be made before the question is put to a vote and such motion shall be decided without debate, except that the commissioner making the motion may state briefly the reasons it was made.
(c) All items to be placed on the agenda at a regular meeting of the board of commissioners will be submitted to the clerk of the board of commissioners by noon two days prior to the regularly scheduled meeting. The proposed agenda will be submitted by the clerk to the chairman by not later than 5:00 P.M. two days prior to the regularly scheduled meeting for the chairman's approval. The approved agenda will be delivered to all members of the board of commissioners by not later than 4:00 P.M. on the day prior to the meeting. As a point of personal privilege, any member of the board of commissioners may discuss any item which is not on the agenda at a regular meeting, but a two-thirds vote of the entire membership of the board will be required to take action on an item that was not on the agenda.
Section 10. Clerk of the board. The board of commissioners shall appoint some person as clerk of the Board of Commissioners of Chatham County. The clerk shall give the same bond and take the same oath as prescribed for the clerk of the superior court. The clerk of the board of commissioners shall be appointed to hold office at the will of a majority of the board of commissioners. The clerk shall receive such salary as may be allowed by the board of commissioners. The board of commissioners shall record all their proceedings in the conduct of the county business, and it shall be the duty of the board to keep a book in which to record the board's minutes and a book for docketing of all applications granted or refused and to keep such other books as may be necessary for the use of the county. The board of commissioners shall have a seal which shall be affixed to their proceedings. The board of commissioners shall also have the right to appoint a deputy clerk who shall have the same power and authority of the clerk when acting in place of the clerk, but shall act as clerk only during the disqualifying or absence of the clerk. The deputy clerk shall receive such salary as may be allowed by the board of commissioners and shall hold office at the will of the majority of the board of commissioners.
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Section 11. Actions of the board of commissioners, (a) Every proposed ordinance or resolution shall be introduced in writing. No ordinance or resolution shall pass which refers to more than one subject matter or contains matter different from that expressed in the title thereof, except ordinances or resolutions adopting the annual operating and capital budgets and general codifications and revisions of ordinances and resolutions of the board of commissioners.
(b) Except for emergency ordinances or resolutions under subsection (c) of this section, no ordinance or resolution shall be adopted until it has been read or presented in written form at two meetings held not less than one week apart. The affirmative vote of a majority of the full membership of the board of commissioners shall be required for the adoption of any ordinance or resolution. The passage of all ordinances or resolutions shall require the recording of "ayes" and "nays" and the names of the members of the board of commissioners voting for and against each proposed ordinance or resolution or amendment thereto shall be entered upon the journal of the proceedings of the board of commissioners.
(c) To meet a public emergency threatening life, health, property, or public peace, the board of commissioners may adopt emergency ordinances or resolutions, but such ordinances or resolutions may not be enacted to levy taxes, or to grant, renew, or extend a franchise, or to regulate the rate charged for any public utility or service, or to authorize the borrowing of money. An emergency ordinance or resolution shall be in the form prescribed for ordinances or resolutions generally, except that it shall be plainly designated as an emergency ordinance or resolution and shall contain a declaration stating what emergency exists. An emergency ordinance or resolution may be adopted with or without amendment or may be rejected at the meeting at which it is introduced, but the affirmative vote of at least five members of the board of commissioners shall be required for its adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance or resolution shall automatically stand repealed on the sixteenth day following the date on which it was adopted but, if the emergency still exists, the automatic repeal of the ordinance or resolution shall not prevent its reenactment in the manner specified in this subsection. An emergency ordinance or resolution may also be repealed by adoption of the repealing ordinance or resolution in the same manner specified in this subsection for adoption of emergency ordinances or resolutions.
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(d) The board of commissioners may adopt any standard code of technical regulations by reference thereto in an adopting ordinance or resolution.
Section 12. Signing, authentication, and recording. Every ordinance or resolution adopted by the board of commissioners shall be submitted to the chairman for approval or disapproval as promptly as practicable following its adoption. The clerk of the board of commissioners shall authenticate by the clerk's signature and record in full all ordinances and resolutions adopted by the board and approved by the chairman or otherwise becoming law in a properly indexed book kept for such purpose which shall be a public record and open to public inspection. The board of commissioners shall further provide for the periodic updating, revision, codification, and printing of all ordinances or resolutions of a general and permanent nature, together with such codes of technical regulations and other rules and regulations as the board of commissioners may require.
Section 13. Veto of the chairman, (a) The chairman of the board of commissioners shall approve or disapprove all ordinances and resolutions adopted by the board of commissioners within five business days after adoption and, except as otherwise provided in this section, no ordinance or resolution shall become effective without the chairman's approval. If the chairman approves the ordinance or resolution, said officer shall sign it, whereupon it shall become law or it shall become effective as law according to its terms. If the chairman disapproves an ordinance or resolution, said officer shall return it to the board of commissioners along with a statement giving the reasons for its disapproval at the first regularly held meeting of the board following the disapproval of the ordinance or resolution by the chairman. If the board of commissioners shall pass the ordinance or resolution by a vote of at least six members at the regular meeting next held after the ordinance or resolution has been returned with the chairman's disapproval, it shall become law without the chairman's approval. In the event the chairman does not approve or disapprove the ordinance or resolution within the time required, it shall become law without the approval of the chairman.
(b) The veto power of the chairman shall not extend to or include the power to veto any ordinance or resolution of the board of commissioners providing for the county budget, fixing tax millage rates, or establishing special service tax districts. The veto power of the chairman shall not extend to or include appointments which the
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governing authority of Chatham County is authorized by law to make to any public authority, board, commission, or other agency, and such appointments shall be made by majority vote of the membership of the board of commissioners.
Section 14. Chairman; powers and duties. The chairman shall be the chief executive of the county and the presiding officer of the board of commissioners. In addition to the chairman's duties as presiding officer, the chairman shall have the power and it shall be the duty of said officer to:
(1) Be the official spokesman for the county government and the chief advocate of policy as established by the board of commissioners;
(2) Nominate the county administrator and the county attorney as provided, respectively, in Sections 16 and 19 of this Act;
(3) Preside at meetings of the board of commissioners and to serve in all respects as a member of the board;
(4) Sign ordinances and resolutions on their final passage and sign deeds, bonds, contracts, and other instruments and documents in any case in which the general laws of this state or any ordinance or resolution of the board of commissioners so require or authorize;
(5) Be recognized as the official head of the board of commissioners by the courts for the purpose of receiving service of civil process, by the Governor for the purpose of the military law, and for all ceremonial purposes;
(6) Call special meetings of the board of commissioners as provided in subsection (a) of Section 9 of this Act;
(7) Organize and approve items on the agenda at regular meetings of the board of commissioners as provided in subsection (c) of Section 9 of this Act.
(8) Veto ordinances and resolutions as provided in Section 13 of this Act;
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(9) Represent the board of commissioners in matters involving the relationship of the county government with elected county officers and in intergovernmental relations, particularly where questions of public policy are at issue;
(10) Conduct all meetings of the board of commissioners in accordance with Robert's Rules of Order, unless the board of commissioners shall adopt other rules; and
(11) Perform such additional duties as may be required by law or ordinances or resolutions of the board of commissioners.
Section 15. Vice-chairman and pro tern, (a) At the first regular meeting in January following each regular election of the members of the board of commissioners, the board shall elect from its members a vice-chairman. In the event of the absence of the chairman, the vice-chairman shall preside at board meetings. In the event of the death, disqualification, or resignation of the chairman, the vicechairman shall perform the duties and have the authority of the chairman until such time as a new chairman is chosen as provided in Section 7 of this Act.
(b) At the first regular meeting in January of each year, the board of commissioners shall elect from its members a chairman pro tern. In the event of the absence of both the chairman and the vicechairman, the chairman pro tern, shall preside at meetings of the board of commissioners. Such a chairman pro tem. shall not have or exercise any of the duties or authority of the chairman except to preside at meetings of the board of commissioners.
Section 16. County administrator; appointment, qualifications, removal, and compensation, (a) There shall be a county administrator who shall be nominated by the chairman of the board of commissioners and elected by a majority vote of the total membership of the board. The county administrator shall be chosen solely on the basis of executive and administrative qualifications and need not be a resident of Chatham County or of the state at the time of election by the board of commissioners. The county administrator shall be nominated and elected as provided in this subsection by May 1,1985.
(b) The county administrator may be removed from office by a two-thirds vote of the total membership of the board of commissioners. At least 30 days before such removal shall become effective,
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the board of commissioners shall, by the same vote required for removal, adopt a preliminary resolution stating the reasons for the removal of the county administrator. The county administrator may, within ten days, reply in writing and may request a public hearing which shall be held not earlier than 20 nor later than 30 days after the filing of such request. After such public hearing, if one be requested, and after full consideration, the board of commissioners, by the vote required for the removal of the county administrator may adopt a final resolution of removal. By the preliminary resolution, the board of commissioners may suspend the county administrator from duty but shall in any case cause to be paid forthwith to the county administrator any unpaid balance of the county administrator's salary and accumulated annual leave and the county administrator's salary for the next three calendar months following adoption of the preliminary resolution, unless the county administrator is removed for malfeasance, misfeasance, or nonfeasance in office, in which event the salary of the county administrator for the next three months shall not be paid.
(c) The county administrator shall receive such compensation as shall be fixed by the board of commissioners.
Section 17. County administrator; powers and duties. The county administrator shall be responsible to the board of commissioners for the proper and efficient administration of the affairs of the county government and shall have the following powers and duties:
(1) To serve as the chief administrative officer and head of the administrative branch of the county government;
(2) To recommend to the board of commissioners the creation, reorganization, or abolishment of certain offices, departments, or bureaus;
(3) To appoint or remove certain officers and employees as authorized by Section 18 of this Act;
(4) To direct and supervise the administration of all departments, offices, and agencies of the county government except as otherwise provided by this Act or by ordinance or resolution of the board of commissioners;
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(5) To see that the ordinances, resolutions, and regulations of the board of commissioners and laws of the state, subject to enforcement by the county administrator or by officers subject to said officer's supervision and control, are faithfully executed and enforced;
(6) To attend all meetings of the board of commissioners unless excused and, upon the request of the board of commissioners, to take part in the discussion; but the county administrator may not vote on any question before the board of commissioners;
(7) To prepare and submit annually a proposed balanced operating and capital budget and capital improvement program to the board of commissioners and to appoint such officers or employees of the county government as the county administrator may select to assist in the preparation of such budget;
(8) To submit to the board of commissioners and make available to the public a complete report on the finances and administrative activities of the county government as of the end of each fiscal year and at such other times as the board of commissioners may direct;
(9) To prepare and make such other reports concerning the operations of departments, offices, and agencies of the county government as may be required by the board of commissioners;
(10) To keep the board of commissioners fully advised as to the financial condition and future needs of the county government and to make recommendations to the board of commissioners concerning the affairs of the county government;
(11) To appoint, subject to the approval of the board of commissioners, a qualified administrative officer to exercise the powers of the county administrator during the temporary absence or disability of said officer by filing a letter for such purpose with the clerk of the board of commissioners; and
(12) To exercise and perform such other or additional duties and assignments as may be required by the board of commissioners.
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Section 18. County administrator; authority relative to officers and employees, (a) Subject to the personnel rules adopted by the board of commissioners, to the limitations of subsection (c) of this section, and to other general limitations or qualifications prescribed by law, the county administrator shall have the power to appoint and, when said officer deems it in the best interest of the county government, to remove all officers and employees of the county government who are subject to the county administrator's supervision and control.
(b) Subject to budgetary limits and salary ranges established by the board of commissioners, the county administrator shall have the authority to fix the salaries of all employees, except classified employees, who are subject to the county administrator's supervision and control. The salaries or wage scales of all classified employees shall be established by appropriate action of the board of commissioners.
(c) The authority of the county administrator to supervise and control county officers and employees shall not extend to or include the following officers and employees:
(1) Officers elected by the people or appointed by the board of commissioners;
(2) Members of boards, commissions, and authorities;
(3) Assistants to the chairman of the board of commissioners and the county attorney; and
(4) Employees subject to the supervision and control of elected officials.
Section 19. County attorney; appointment, removal, and qualifications. There shall be a county attorney who shall be nominated by the chairman of the board of commissioners and elected by a majority vote of the total membership of the board of commissioners but, in the event the board of commissioners does not so appoint a county attorney within 120 days after the office shall become vacant, the board of commissioners may proceed to elect, by a two-thirds vote of its total membership, a county attorney who was not nominated by the chairman of the board of commissioners. The county attorney may be removed by a two-thirds vote of the total membership of the board of commissioners. The county attorney shall be a member of the State Bar of Georgia in good standing with at least five years of experience in the practice of law.
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Section 20. County attorney; compensation and disclosure, (a) The county attorney shall receive such compensation as shall be fixed by the board of commissioners.
(b) The county attorney shall file a report annually with the clerk of the board of commissioners disclosing all compensation and fees received, directly and indirectly, by said officer during the immediately preceding calendar year for any service rendered in the capacity of county attorney. Such reports shall be filed by April 1 of each year with the first such report being filed by April 1, 1986, covering compensation and fees received during calendar year 1985. The clerk of the board of commissioners shall maintain a file of the disclosure reports of the county attorney and such reports shall be available for public inspection at reasonable hours.
Section 21. County attorney; powers; duties; requests for opinions; conflicts. (a) The county attorney shall:
(1) Act as the legal adviser, attorney, and counsel to the board of commissioners and all of its officers in matters relating to their official duties;
(2) Prepare or supervise the preparation of all contracts, bonds, and other instruments in writing in which the county government is concerned and endorse on each such instrument said officer's approval of the form and correctness thereof; and
(3) Perform such other duties as may be required by law, ordinance, or resolution of the board of commissioners.
(b) All requests for legal opinions from the county attorney shall be made through the chairman of the board of commissioners or through the county administrator.
(c) The county attorney may not represent any county official or employee if the representation of the county official or employee conflicts with the interests of the county government. In such cases, the board of commissioners shall employ separate counsel to represent the county official or employee if the county government is obligated to provide representation for such county official or employee.
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Section 22. Assistant county attorneys. The board of commissioners shall establish rules and procedures for the appointment of assistant county attorneys. Assistant county attorneys shall be subject to the same disclosure requirements as the county attorney as specified in subsection (b) of Section 20 of this Act.
Section 23. (a) County attorneys; private practice before board. No person who serves as county attorney or assistant county attorney may represent any client before the board of commissioners. No person who is a member of the same law firm as the county attorney or a member of the same law firm as an assistant county attorney may represent any client before the board of commissioners.
(b) No person who serves as county attorney or assistant county attorney and no person who is a member of the same law firm as the county attorney or an assistant county attorney may represent the Chatham County Hospital Authority, the Board of Education of Chatham County, or any municipality located within Chatham County.
Section 24. Competitive bidding. The board of commissioners shall require competitive bidding before making a purchase or contract, except professional services contracts, under such rules and regulations as it may establish, but the board may by ordinance exempt purchases under $2,500.00 from competitive bidding subject to such regulations as it may deem proper. Should the board of commissioners desire to do so it may take bids for professional services.
Section 25. Powers and duties of the board of commissioners. The board of commissioners shall have the power to fix and establish, by appropriate resolution or ordinance entered on its minutes, policies, rules, and regulations governing all matters over which the board of commissioners has authority as the governing authority of Chatham County. Without limiting the generality of the foregoing, the following powers are vested in the board of commissioners:
(1) To levy taxes;
(2) To fix the rates of all other charges;
(3) To make appropriations;
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(4) To authorize the incurring of indebtedness;
(5) To authorize work to be done where the cost is to be assessed against benefited property and to fix the basis for such assessment;
(6) To establish, alter, or abolish public roads, private ways, bridges, and ferries, according to law;
(7) To establish, abolish, or change election precincts and militia districts according to law;
(8) To allow the insolvent lists for the county;
(9) To authorize the acceptance for the county of the provisions of any optional statute where the statute permits its acceptance by the governing authority of a county;
(10) To regulate land use by the adoption of a comprehensive development plan and by the adoption of other planning and zoning ordinances which relate reasonably to the public health, safety, morality, and general welfare of the county and its citizens;
(11) To create and change the boundaries of special taxing districts authorized by law;
(12) To fix the bonds of county officers where the same are not fixed by statute;
(13) To direct and control all the property of the county according to law;
(14) To levy a general tax for general purposes and special taxes for particular county purposes;
(15) To examine and audit the accounts of all officers, including all county officers, having the care, management, keeping, collecting, or disbursement of money belonging to the county or collected for the county's use and benefit and in bringing them to a settlement;
(16) To examine, settle, and allow all claims against the county;
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(17) To regulate peddling and fix the cost therefor and to fix the cost for licenses for the sale of spirituous liquors and alcoholic beverages and to fix the cost for the exhibition of shows in the county;
(18) To enact any ordinances or other legislation the county may be given authority to enact;
(19) To determine the priority of capital improvements;
(20) To call elections for the voting of bonds;
(21) To exercise all of the power and authority vested by law in the judge of the probate court when sitting for county purposes;
(22) To fix, levy, and assess license fees, charges, or taxes on all persons, firms, and corporations engaging in or offering to engage in any trade, business, calling, avocation, or profession in the unincorporated area of Chatham County, except businesses which are subject to regulation by the Public Service Commission, and to classify all such persons, firms, and corporations according to the nature, manner, and size of business conducted by such persons, firms, and corporations and to fix, levy, and assess different license fees, charges, or taxes against different classes of trades, businesses, callings, avocations, or professions;
(23) To adopt ordinances and resolutions to govern and regulate all trades, businesses, callings, avocations, or professions, not contrary to regulations prescribed by general law, for the purpose of protecting and preserving the health, safety, welfare, and morals of the citizens of said county, and to prescribe penalties for the violation of any such ordinances and resolutions, including the operation of such businesses without the obtaining of a license or when such license is revoked or suspended;
(24) To prevent animals from running at large in the county; to regulate the manner and numbers in which animals may be kept; to take up and impound animals and to punish all owners or other persons keeping animals for failure or refusal to obey any ordinance controlling or regulating the keeping of animals and to fix penalties and charges to be paid for the violation of any such ordinance; to provide for the sale or disposition of unclaimed animals impounded; to levy and collect a tax upon dogs
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kept in said county and to provide for registration of dogs; and to do any and all things necessary to carry out the purposes of this paragraph for the public interest;
(25) 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 of commissioners pursuant to this or any other law in force in said county;
(26) To provide ordinances for the preservation and protection 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;
(27) 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;
(28) 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;
(29) To adopt ordinances and regulations for the prevention of idleness, loitering, vagrancy, disorderly conduct, public drunkenness, 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 Chatham County which, while not constituting offenses against the general laws of this state, are deemed by the board of commissioners to be detrimental and offensive to the peace, good order, and dignity of Chatham County and to the welfare and morals of the citizens thereof; and
(30) To exercise all powers now or hereafter vested in county governing authorities by the Constitution and general laws of this state.
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Section 26. Penalties. The board of commissioners is authorized to adopt ordinances prescribing penalties and punishment for violation of any and all ordinances or resolutions adopted by the board to carry out any of the provisions of this Act or of any other law and to prescribe maximum penalties and punishment for violation of same, except that the same shall in no event exceed a fine of $500.00, imprisonment in the county jail for 30 days, or labor on the work gang for 60 days for any single offense, or any combination thereof.
Section 27. Repeal of specific laws; limitations relative thereto, (a) Except as otherwise provided by subsection (b) of this section, the following laws are repealed in their entirety:
(1) An Act entitled "An Act to create and organize Commissioners of Chatham County, who shall be ex officio judges, to define their jurisdiction and duties, and for other purposes." approved February 21, 1873 (G. L. 1873, p. 235), as amended, whether by direct amendment to the original Act or indirectly by implication by other local Acts of the General Assembly;
(2) An Act providing for the compensation of the commissioners of Chatham County, approved July 26,1904 (Ga. L. 1904, p. 261);
(3) An Act entitled "An Act to amend an Act which created and organized the Commissioners of Chatham County, who shall be ex-officio judges, to define their jurisdiction and duties and for other purposes, approved February 21,1873 and the several acts amendatory thereof and relating and supplementary thereto and for other purposes.", approved January 10, 1945 (Ga. L. 1945, p. 517);
(4) An Act entitled "An Act to amend an Act approved 21st February 1873, entitled `An Act to create and organize Commissioners of Chatham County, who shall be ex-officio judges, to define their jurisdiction and duties, and for other purposes,' and the several Acts amendatory thereof and supplementary thereto by increasing the number of Commissioners from five (5) to seven (7) and by prescribing additional qualifications; and for other purposes.", approved February 9,1949 (Ga. L. 1949, p. 398);
(5) An Act entitled "An Act to amend an Act which created and organized the Commissioners of Chatham County who shall
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be ex-officio judges; to define their jurisdiction and duties; and for other purposes, approved February 21,1873, and the several Acts amendatory thereof and relative and supplementary thereto; and for other purposes.", approved February 17,1949 (Ga. L. 1949, p. 664).
(b) The provisions of any laws repealed by subsection (a) of this section which authorize the board of commissioners or other governing authority of Chatham County, by whatever name designated, to exercise powers or control over county matters may continue to be exercised by the board of commissioners of Chatham County provided for by this Act and, for such purposes, any such provisions of such laws are continued in full force and effect, except to the extent that the exercise of such powers or control over county matters conflict with the provisions of this Act, and in that event, the provisions of this Act shall control.
Section 28. Severability. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
Section 29. Effective dates. For the purpose of nominating and electing the members of the board of commissioners of Chatham County provided for by this Act at the 1984 primary and general elections, this Act shall become effective upon its approval by the Governor or upon its otherwise becoming law. This Act shall be effective for all purposes on January 1,1985.
Section 30. Conflicting laws repealed. All laws and parts of laws in conflict with this Act are repealed.
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Notice.
Notice is hereby given that there will be introduced at the regular 1984 session of the General Assembly of Georgia a bill relative to the board of commissioners and governing authority of Chatham County; and for other purposes.
This 27th day of January, 1984.
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 Legislation was published in the Georgia Gazette which is the official organ of Chatham County, on the following date: February 9,1984.
/s/ Ron Ginsberg Representative, 122nd District
Sworn to and subscribed before me, this 13th day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 29,1984.
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CITY OF SANTA CLAUS -- CHARTER. No. 1178 (House Bill No. 1673). AN ACT
To incorporate the City of Santa Claus in the County of Toombs and provide a charter therefor; to provide for corporate limits; to provide for the corporate powers of said city; to provide for a mayor and city council to include terms and qualifications for office, vacancies, filling of said city offices, forfeiture of said offices; to provide for compensation and expenses for the mayor and city council; to provide for certain prohibitions from members of the city council and other city employees; to provide for a code of ethics for the city council; to authorize inquiries and investigations by the city council; to provide for the general power and authority of the city; to provide for a chief executive officer for the city; to provide for the powers and duties for the mayor as the chief executive officer of the city; to provide for the review of ordinances by the mayor; to provide a veto power for the mayor; to provide for a mayor pro tem, his selection and duties; to provide for an organization meeting for the mayor and city council; to provide for regular and special meetings of the mayor and city council; to provide for rules of procedure for the city council; to provide for a quorum and a voting procedure for the city council; to provide for the passage of city ordinances by the city council; to provide for emergency ordinances; to provide for modes of technical regulations for the city; to provide for the signing, authenticating, recording, codifying, and printing of city ordinances; to provide administrative and service departments for the city; to provide for boards, commissions, and authorities for the city; to provide for a city attorney; to provide for a city clerk; to provide for a city tax collector; to provide for a city accountant; to provide for consolidation of related city functions; to create a municipal court; to provide for a judge; to provide for a term of court; to provide for jurisdiction and powers of the court; to provide for appeals; to provide for rules; to
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provide for elections and the practices and procedures related thereto; to provide for the removal of city officers; to provide for taxes and the practices and procedures related thereto; to provide for licenses, permits, fees, service charges, and other special levies; to provide for the collection of delinquent taxes and fees; to provide means for meeting the financial needs of the city by the issuance of general obligation bonds, and revenue bonds; to provide for budgets, appropriations, and audits; to provide for contracting procedures; to provide for centralized purchasing; to provide for the sale of city property; to provide for eminent domain; to provide for franchises; to provide for official bonds; to provide for penalties; to provide for practices and procedures related to first municipal elections; to provide for construction and severability; to repeal a specific Act; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
ARTICLE I INCORPORATION, POWERS
Section 1.10. Incorporation. This Act shall constitute the whole charter of the City of Santa Claus. The city and the inhabitants thereof shall continue to be a body politic and corporate under the name and style the City of Santa Claus, Georgia, and by that name shall have perpetual duration.
Section 1.11. Corporate boundaries. Be it further enacted, that the corporate limits of said city shall include all of the following areas:
(1) All that tract of land described by metes and bounds as follows: Beginning at Northwest at a point on U.S. Highway Number 1, where lands of Mrs. J. P. Pughsley and C. G. Greene joins, and thence east along the dividing line between lands of Mrs. J. P. Pughsley and C. G. Greene to branch, and thence south along the branch line between lands of John Hancock Mutual Life Insurance Company and C. G. Greene, to Kinsey's land, thence West along Kinsey's lane to U. S. Highway No. 1, thence North along U. S. Highway No. 1, to beginning point, said land being in Fifteen Hundred and thirty-six District, Georgia Militia, Toombs County, Georgia.
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(2) All that land containing 47.12 acres located adjacent to the present City Limits of Santa Claus in the 1536th G.M. District, Toombs County, Georgia. Said tract of land being more particularly described by metes and bounds as follows: Beginning at an iron pin designated "Begin" North 12 degrees 52 feet East for 1031.38 feet to another iron pin; thence South 53 degrees 06 feet East for 914.43 feet to a concrete marker, thence South 11 degrees 40 feet West for 2397.75 feet to a concrete marker, thence North 78 degrees 13 feet West for 570.70 feet to a concrete marker, thence North 31 degrees 34 feet West for 147.52 feet to an iron pin, thence North 18 degrees 49 feet West for 169.53 feet to an iron pin, thence North 32 degrees 14 feet West for 157.93 feet to an iron pin, thence North 25 degrees 16 feet West for 181.39 feet to an iron pin, thence North 0 degrees 56 feet East for 141.48 feet to an iron pin, thence North 42 degrees 08 feet East for 59.74 feet to an iron pin, thence North 40 degrees 13 feet East for 163.78 feet to an iron pin, thence North 42 degrees 40 feet East for 89.39 feet to an iron pin, thence North 40 degrees 15 feet East for 104.40 feet to an iron pin, thence South 65 degrees 57 feet East for 35.74 feet to an iron pin, thence North 44 degrees 36 feet East for 99.94 feet to an iron pin, thence North 14 degrees 11 feet East for 40.23 feet to an iron pin, thence North 14 degrees 11 feet East for 10 feet to an iron pin, thence North 14 degrees 11 feet East for 94 feet to an iron pin, thence North 44 degrees 59 feet East for 101.24 feet to an iron pin, thence North 63 degrees 31 feet East for 100 feet to an iron pin, thence North 74 degrees 50 feet East for 101.98 feet to an iron pin, thence North 10 degrees 23 feet East for 167.20 feet to an iron pin, thence North 74 degrees 16 feet West for 156.22 feet to an iron pin, thence North 56 degrees 54 feet West for 48.26 feet to an iron pin, thence South 86 degrees 02 feet West for 127.47 feet to an iron pin, thence North 14 degrees 35 feet West for 79.44 feet to an iron pin, thence North 2 degrees 41 feet East for 103.50 feet to an iron pin marked "Begin", all according to a map of survey prepared by William P. Johnson, Surveyor, dated October 27,1979 and recorded in Plat Book 16, Page 6, Records of the Clerk of the Superior Court, Toombs County, Georgia. This plat and the record thereof are hereby incorporated into this description by reference.
Section 1.12. Examples of powers, (a) The city shall have all powers possible for a city to have under the present or future Constitution and laws of the State of Georgia as fully and completely as though they were specifically enumerated in this charter, including all powers of self government not specifically prohibited by the general law or a local Act of the State of Georgia.
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(b) The powers of the City of Santa Claus shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of the City of Santa Claus.
(c) The corporate powers of the City of Santa Claus shall include but are not limited to the following:
(1) Property taxes. To levy and 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; and to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the city;
(5) Municipal debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia;
(6) Municipal property ownership. To acquire, dispose of, and hold in trust or otherwise, any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city;
(7) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to the powers and duties of the city and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose;
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(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. 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 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, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, otherwise improve, maintain, repair, clean, prevent erosion of, and light roads, alleys, and walkways within the corporate limits of the city; and to grant franchises and rights of way throughout the streets and roads, and over the bridges and viaducts, for the use of public utilities;
(12) Public improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities and any other public improvements, inside or outside the corporate limits of the city; and to regulate the use thereof, and for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A. or other applicable general laws of the State of Georgia, as are or may be enacted or amended;
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(13) Sidewalk maintenance. To require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or land; and to enact ordinances establishing the terms and conditions under which such repairs and maintenance shall be effected, including the penalties to be imposed for failure to do so;
(14) Building regulation. To regulate the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air-conditioning codes and to regulate all housing, building, and building trades; to license the construction and erection of 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 ensure a safe, healthy, and aesthetically pleasing community;
(16) Public peace. To provide for the prevention and punishment of drunkeness, riots, and public disturbances;
(17) Special areas of public regulation. To regulate or prohibit junk dealers and pawn shops; the manufacture, sale, or transportation of alcoholic beverages; the use and sale of firearms; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant trades, theatrical performances, exhibitions, shows of any kind whatever, by taxation or otherwise; to license, tax, regulate, or prohibit professional fortunetelling, palmistry, adult bookstores, and massage parlors;
(18) Regulation of roadside areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights of way of streets and roads or within view thereof, within or abutting the corporate limits of the city and to prescribe penalties and punishment for violation of such ordinances;
(19) Health and sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards;
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(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 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 become dangerous or detrimental to the public;
(23) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and to provide for the sale of such items;
(24) Garbage fees. To levy, fix, assess, and collect a garbage, refuse and trash collection and disposal and other sanitary service charge, tax, or fee, for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business therein benefiting from such services; to enforce the payment of such charges, taxes, or fees, and to provide for the manner and method of collecting such service charges;
(25) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system, and to levy on the users of sewers and the sewerage system a sewer service charge fee or sewer tax for the use of the sewers; to provide for the manner and method of collecting such service charges and for enforcing payment of same; to charge, impose, and collect a sewer connection fee or fees, and to charge the same from time to time; such fees to be levied on the users connecting with the sewerage system;
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(26) Nuisance. To define a nuisance and provide for its abatement whether on public or private property;
(27) Municipal property protection. To provide for the preservation and protection of property and equipment of the city and the administration and use of same by the public and to prescribe penalties and punishment for violations thereof;
(28) Jail sentences. To provide that persons given jail sentences in the city's court may work out such sentence in any public works or on the streets, roads, drains, and squares in the city; or to provide for commitment of such persons to any county 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; to provide for their disposition by sale, gift, or humane disposal, when not redeemed as provided by ordinance; to provide punishment for violation of the ordinance enacted hereunder;
(30) Motor vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking, upon or across the streets, roads, alleys, and walkways of the city;
(31) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate and rent parking spaces in public ways for the use of such vehicles;
(32) Pensions. To provide and maintain a system of pensions and retirement for officers and employees of the city;
(33) Special assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements;
(34) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations providing for services to be made therefor;
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(35) City agencies and delegation of power. To create, alter, or abolish departments, boards, offices, commissions, and agencies of the city and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to same;
(36) Penalties. To provide penalties for violations of any ordinance adopted pursuant to the authority of this charter and the laws of the State of Georgia;
(37) Police and fire protection. To exercise the power of arrest through duly appointed policemen and to organize and operate a fire fighting agency;
(38) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists within or without the city and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city;
(39) Urban redevelopment. To organize and operate an urban redevelopment program;
(40) Public transportation. To organize such public transportation systems as are deemed beneficial;
(41) General health, safety, and welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to the health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city and to provide for the enforcement of such standards; and
(42) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia. No listing of particular powers in this charter shall be held to be
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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 and its officers, agencies, or employees shall be carried into execution as provided by this charter. If this charter makes no provision, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia.
ARTICLE II GOVERNING BODY
Section 2.10. Creation; composition; number; election. The governing authority of this city shall be composed of a mayor and four councilmen who shall be elected in the manner provided by Article V of this charter.
Section 2.11. Terms and qualifications of office. The members of the city council shall serve for terms of two years and until the election and qualification of their respective successors. The mayor shall serve for a term of two years and until the election and qualification of a successor. No person shall be eligible to serve as mayor or councilman unless such person shall have been a resident of the area comprising the corporate limits of the City of Santa Claus for a period of one year immediately prior to the date of the election of mayor or member of the council and shall continue to reside therein during his period of service and shall be registered and qualified to vote in municipal elections of the city.
Section 2.12. Vacancy; filling of; forfeiture of office, (a) The office of mayor or councilman shall become vacant upon the incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized by this charter or the laws of the State of Georgia.
(b) A vacancy in the office of mayor or councilman shall be filled for the remainder of the unexpired term, if any, as provided for in Article V of this charter.
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(c) The mayor or any councilman shall forfeit his office if he:
(1) Lacks at any time during his term of office any qualifications of the office as prescribed by this charter or the laws of the State of Georgia;
(2) Willfully and knowingly violates any express prohibition of this charter; or
(3) Is convicted of a crime involving moral turpitude.
Section 2.13. Compensation and expenses. The salaries of the mayor and council shall be fixed by said mayor and council at the first regularly scheduled meeting in the month following the city's regular election except as otherwise limited by the general laws of the State of Georgia. The mayor and councilman shall be entitled to receive their actual and necessary expenses incurred in the performance of their duties.
Section 2.14. Prohibitions. Except as authorized by law, no member of the council shall hold any other elective city office or city employment during the term for which he was elected.
Section 2.15. Code of ethics. The council may enact by ordinance a code of ethics which shall apply to all elected officials, appointed officers, and employees of this city.
Section 2.16. Inquiries and investigations. The council may make inquiries and investigations into the affairs of the city and the conduct of any department, office, or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the council shall be punished as provided by ordinance.
Section 2.17. General power and authority of the council, (a) Except as otherwise provided by law or by this charter, the council shall be vested with all the powers of government of this city as provided by Article I of this charter.
(b) In addition to all other powers conferred upon it by law, the council shall have the authority to adopt and provide for the creation of such ordinances, resolutions, rules and regulations, not inconsis-
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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, sanitation, comfort, convenience, prosperity, or well-being of the inhabitants of the city. The council may enforce such ordinances by imposing penalties for the violation thereof.
(c) The council may by ordinance create, change, alter, abolish, or consolidate offices, agencies, and departments of the city and may assign additional functions to any of the offices, agencies, and departments expressly provided for by this charter.
Section 2.18. Chief executive officer. The mayor shall be the chief executive of this city. He shall possess all of the executive and administrative powers granted to the city under the Constitution and laws of the State of Georgia, and all the executive and administrative powers contained in this charter.
Section 2.19. Powers and duties of mayor. As the chief executive of this city, the mayor:
(1) Shall see that all laws and ordinances of the city are faithfully executed;
(2) Shall preside at all meetings of the mayor and council and vote in the event of a tie vote among the council;
(3) May appoint and remove all officers, department heads, and employees of the city by and with the consent of council as otherwise provided for in this charter;
(4) Shall exercise supervision over all executive and administrative work of the city and provide for the coordination of administrative activities;
(5) May prepare and submit to the council a recommended annual operating budget and recommended capital budget;
(6) May submit to the council at least once a year a statement covering the financial condition of the city and from time to time such other information as the council may request;
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(7) Shall recommend to the council such measures relative to the affairs of the city, improvement of the government, and promotion of the welfare of its inhabitants as he may deem expedient;
(8) Shall call special meetings of the council as provided in subsection (b) of Section 2.23 of this Act;
(9) Shall approve or disapprove ordinances as provided in Section 2.20 of this Act;
(10) May examine and audit all accounts of the city;
(11) May require any department or agency of the city to submit written reports whenever deemed expedient; and
(12) Shall perform other duties as may be required by general state law, this charter, or ordinance.
Section 2.20. Submission of ordinances to the mayor; veto power, (a) Every ordinance adopted by the council shall be presented promptly by the clerk to the mayor.
(b) The mayor, within ten calendar days of receipt of an ordinance, shall return it to the clerk with or without approval, or with disapproval. If the ordinance has been approved by the mayor, it shall become law upon its return to the clerk; if the ordinance is neither approved nor disapproved, it shall become law at twelve o'clock noon on the tenth calendar day after its adoption; if the ordinance is disapproved, the mayor shall submit to the council through the clerk a written statement of reasons for a veto. The clerk shall record upon the ordinance the date of its delivery to and receipt from the mayor.
(c) Ordinances vetoed by the mayor shall be presented by the clerk to the council at its next meeting and should the council then or at its next general meeting adopt the ordinance by an affirmative vote of four members, it shall become law.
(d) The mayor may disapprove or reduce any item or items of appropriation in any ordinance. The approved part or parts of any ordinance making appropriations shall become law, and the part or parts disapproved shall not become law unless subsequently passed by the council over the mayor's veto as provided herein. The reduced
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part or parts shall be presented to council as though disapproved and shall become law unless overridden by council as in subsection (c) of this section.
Section 2.21. Mayor pro tem; selection; duties. The council shall elect by majority vote from among its members a mayor pro tem who shall assume the duties and powers of the mayor upon the mayor's disability or absence. The council shall elect an acting mayor pro tem from among its members for any period in which the mayor pro tem is disabled, absent, or acting as mayor. Any such absence or disability shall be declared by majority vote of all members of the council.
Section 2.22. Organization meeting, (a) The mayor and council elected under this charter 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 tem, or anyone authorized to administer oaths as follows:
"We each do swear that we will faithfully and impartially administer the laws of the City of Santa Claus to the best of our skill and ability."
(b) Following the induction of members, the council, by majority vote of all the members thereof, shall elect one of their number to be mayor pro tem, who shall serve for a term of office of two years and until the election and qualification of a successor.
Section 2.23. Regular and special meetings, (a) The council shall hold regular meetings at such times and places as prescribed by ordinance. The council may recess any regular meeting and continue such meeting on any weekday or hour it may fix and may transact any business at such continued meeting as may be transacted at any regular meeting.
(b) Special meetings of the council may be held on call of the mayor or three members of the council. Notice of such special meetings shall be served on all other members personally, or by telephone, or shall be left at their residences in advance of the meeting. Such notice shall not be required if the mayor and all councilmen are present when the special meeting is called. Notice of any special meeting may be waived in writing before or after any such
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special meeting and attendance at the meeting shall constitute a waiver of notice of any special meeting. Only the business stated in the call may be transacted at the special meeting except by unanimous consent of all members present. With such consent, any business which may be transacted at a regular meeting may be conducted at the special meeting.
(c) All meetings of the council shall be public to the extent required by general state law and notice to the public of special meetings shall be made as fully as is reasonably possible 48 hours prior to such meetings.
Section 2.24. Rules of procedure. The council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping a journal of its proceedings which shall be a public record.
Section 2.25. Quorum; voting. Three councilmen shall constitute a quorum and shall be authorized to transact business of the council. Voting on the adoption of ordinances shall be taken by voice vote and the ayes and nays shall be recorded in the journal, but any member of the council shall have the right to request a roll-call vote. The affirmative vote of a majority of the council shall be required for the adoption of any ordinance, resolution, or motion except as otherwise provided in this charter.
Section 2.26. Action requiring an ordinance. Except as herein provided, every official action of the council which is to become law shall be by ordinance. Each proposed ordinance or resolution shall be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be: "The council of the City of Santa Claus hereby ordains..." and every ordinance shall so begin. Any proposed ordinance shall be presented in written form to the mayor and council in regular session for two sessions and shall receive a majority vote of the entire body (three votes) at two sessions before becoming a law, after which it must be recorded in the minute book kept by the mayor.
Section 2.27. Emergency ordinances. To meet a public emergency affecting life, health, property, or public peace, the council may adopt one or more emergency ordinances but such ordinances may not: levy taxes, grant, renew or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrow-
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ing of money except as provided by law. An emergency ordinance shall be introduced in the form and manner prescribed for ordinances generally except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it is introduced, but the affirmative vote of 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 60 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances.
Section 2.28. Codes of technical regulations, (a) The council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be prescribed for ordinances generally except that:
(1) The requirements of subsection (b) of Section 2.29 of this charter for assuring public access to the ordinance shall be construed to include copies of any code of technical regulations as well as the adopting ordinance; and
(2) A copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the city clerk pursuant to Section 2.29 of this charter.
(b) Copies of any adopted code of technical regulations may be made available by the city clerk for distribution or for purchase at a reasonable price.
Section 2.29. Signing; authenticating; recording; codifying; printing, (a) The city clerk shall authenticate by signature and record in full, in a properly indexed book kept for the purpose, all ordinances adopted by council. Every ordinance shall be signed by the mayor after adoption.
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(b) The council shall provide for the preparation of a general codification of all the ordinances of the city. The general codification shall be adopted by the council by ordinance and shall be published promptly together with all amendments thereto, with this charter and any amendment thereto, and such codes of technical regulations and other rules and regulations as the council may specify. This compilation shall be known and cited officially as "The Code of the City of Santa Claus, Georgia." Copies of the code may be furnished to all officers, departments, and agencies of the city and made available for purchase by the public at a reasonable price as fixed by the council.
(c) The council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption. Following publication of the first code of this city and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for incorporation therein. The council shall make such further arrangements as deemed desirable with respect to reproduction and distribution of any current charges in or additions to codes of technical regulations and other rules and regulations included in the code.
ARTICLE III ADMINISTRATIVE AFFAIRS
Section 3.10. Administrative and service departments, (a) Except as otherwise provided in this charter, the council shall prescribe the functions or duties 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, department heads and other appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications as shall be prescribed by the governing authority.
(c) All appointive officers and department heads shall receive such compensation as prescribed by the council.
(d) There may be a supervisor of each department or agency who shall be its principal officer. Each supervisor shall, subject to the
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direction and supervision of the mayor, be responsible for the administration and direction of the affairs and operations of his department or agency.
(e) All supervisors under the supervision of the mayor shall be nominated by the mayor with confirmation of appointment by the council. The mayor may suspend or remove supervisors under his or her supervision. The supervisor involved may appeal to the council, which after a hearing may override the mayor's action by a vote of four council members.
Section 3.11. Boards, commissions, and authorities, (a) The council shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function as the council deems necessary and shall by ordinance establish the composition, period of existence, duties, and powers thereof.
(b) All members of boards, commissions, and authorities of the city shall be appointed by the council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, term of office, or manner of appointment is prescribed by this charter or general state law.
(c) The council may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority.
(d) Any vacancy on a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed herein for original appointment, except as otherwise provided by this charter or general state law.
(e) No member of a board, commission, or authority of the city shall assume office until executing and filing with the clerk of the city an oath obligating the member to faithfully and impartially perform the duties of the 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.
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(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 bylaws, rules, and regulations shall be filed with the clerk of the city.
Section 3.12. City attorney. The council may appoint a city attorney, together with such assistant city attorneys as may be authorized, and shall provide for the payment of such attorney or attorneys for services rendered to the city. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party; may be the prosecuting officer in the municipal court; shall attend the meetings of the council as directed; shall advise the council, mayor, and other officers and employees of the city concerning legal aspects of the city's affairs; and shall perform such other duties as may be required by virtue of his position as city attorney.
Section 3.13. City clerk. The council may appoint a city clerk to keep a journal of the proceedings of the city council and to maintain in a safe place all records and documents pertaining to the affairs of the city and to perform such other duties as may be required by law or as the council may direct.
Section 3.14. Tax collector. The council may appoint a tax collector to collect all taxes, licenses, fees, and other moneys belonging to the city subject to the provisions of this charter and the ordinances of the city, and the tax collector shall diligently comply with and enforce all general laws of 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
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functions of any one or more of such positions to the holder or holders of any other positions.
ARTICLE IV MUNICIPAL COURT
Section 4.10. Creation of mayor's court, (a) There is hereby established a court to be known as the mayor's court of the city which shall have jurisdiction and authority to try offenses against the laws and ordinances of the city and to punish for a violation of the same.
(b) Said mayor and council shall have authority to elect a marshal for said city and fix his salary and to require the marshal to make bond to the mayor and council in such sum as deemed proper for the faithful performance of his duty. Such marshal shall be elected annually for one year and shall arrest all persons violating the laws of the city, with or without warrant or summons, and carry them before the mayor for trial. The marshal shall be the ministerial officer of the mayor's court and shall enforce its sentences or collect its fines. For all such services the marshal shall receive such fees as the constable would receive for similar services in the magistrate court, to be taxed in the cost bill. The marshal shall enforce all the laws of said city and orders of the mayor and council.
Section 4.11. Jurisdiction; powers, (a) The mayor's court shall try and punish for crimes against the city and for violation of its ordinances. The mayor's court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $200.00 or imprisonment for 30 days, or both. The mayor's court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment for 365 days, or both. As an alternative to fine or imprisonment, the mayor's court may sentence any offender upon conviction to labor for the city on the streets, sidewalks, squares, or other public works for a period not exceeding 365 days.
(b) The mayor's court shall have authority to establish a schedule of fees to defray the costs of operation and shall be entitled to reimbursement of the costs of meals, transportation, and caretaking of prisoners bound over to superior courts for violations of state law.
(c) The mayor's court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations
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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 mayor's court shall have authority to bind prisoners over to the appropriate court when it appears by probable cause that a state law has been violated.
(e) The mayor's court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary.
(f) The mayor's court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summons, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by state law.
(g) The mayor's court is specifically vested with all of the jurisdiction and powers throughout the entire area of the city granted by general state laws generally to mayor's, recorder's, and police courts and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations.
Section 4.12. Appeal. The right of appeal shall exist in all cases from the judgment of the mayor's court to the Superior Court of Toombs 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 30 days of the date of his conviction in the mayor's court shall be deemed to have waived any such right. An appeal to the superior court shall be a de novo proceeding.
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Section 4.13. Rules for court. With the approval of the council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the mayor's court; provided, however, that the council may adopt in part or in toto the rules and regulations relative to the procedure of the operation of the superior courts under the general laws of the State of Georgia. The rules and regulations made or adopted for said court 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 the Georgia Municipal Election Code, as now or hereafter amended, or under other applicable general laws of the State of Georgia as are or may be enacted or amended.
Section 5.11. Election of council and mayor. An election shall be conducted annually on the second Monday in September at some public place in said city between the hours of 7:00 a.m. and 8:00 p.m., said election to be held by three persons resident of said city who are qualified voters. For the purpose of electing members to the council, positions on the council shall be numbered Posts One through Four. The election of the two at-large council members from Post One and Two shall be held in odd-numbered years, and the elections of the two at-large council members from Post Three and Four and the mayor shall be held in even-numbered years. Said election shall otherwise be conducted as are elections for the members of the General Assembly of Georgia, except that in all succeeding elections no resident of said city may vote in the elections thereof unless he or she has registered with the mayor in a book for such purpose, ten days before the election, making affidavit that he or she is qualified to vote for members of the General Assembly of Georgia and owes no taxes to the said city which are past due. The said election managers shall ascertain and make public the results of said election by posting the same conspicuously in writing at the place of election, and, if there is no contest, the persons declared elected shall at once assume their official duties. Election returns shall also be made to the existing mayor and council who shall canvass the same and preserve them for six months. Any contest of elections shall be had as now provided by
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law of Georgia, and any illegal voting shall be punished as provided by the laws of Georgia.
Section 5.12. Special elections; vacancies. In the event that the office of mayor or council member shall become vacant for any cause whatsoever, the remaining members of the mayor and council shall appoint a successor to fill the balance of the unexpired term of such office.
Section 5.13. Nonpartisan elections. Political parties shall not conduct primaries for city offices and all names of candidates for city offices shall be listed without party labels.
Section 5.14. Other provisions. Except as otherwise provided by this charter, the council shall, by ordinance, prescribe such rules and regulations it deems appropriate to fulfill any options and duties under the Georgia Municipal Election Code, as now or hereafter amended, or under other applicable general laws of the State of Georgia as are or may be enacted or amended.
Section 5.15. Grounds for removal. The mayor, council members, or others provided for in this charter shall be removed from office for any one or more of the following causes:
(1) Incompetence, misfeasance, or malfeasance in office;
(2) Conviction of a crime involving moral turpitude;
(3) Failure at any time to possess any of the qualifications of office as provided by this charter or by law;
(4) Knowing violation of any express prohibition of this charter;
(5) Abandonment of office or neglect to perform the duties thereof; or
(6) Failure for any other cause to perform the duties of office as required by this charter or by law.
Section 5.16. Procedure for removal. Removal of an abovedescribed officer may be accomplished by one of the following methods:
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(1) By majority vote of the full council after an investigative hearing, the officer to be removed not voting if he is a member of the council. In the event an elected officer is sought to be removed by the action of the council, such officer shall be entitled to a written notice specifying the grounds for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. Any elected officer sought to be removed from office as herein provided shall have the right of appeal from the decision of the council to the Superior Court of Toombs 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 Toombs County as provided by law.
ARTICLE VI FINANCE
Section 6.10. Property tax. The council may assess, levy, and collect an ad valorem tax on all real and personal property within the corporate limits of the city that is subject to such taxation by the state and county. This tax is for the purpose of raising revenues to defray the costs of operating the city government; providing governmental services; for the repayment of principal and interest on general obligations; and for any other public purpose as determined by the council in its discretion.
Section 6.11. Millage rate; due dates; payment methods. The council, by ordinance, shall establish a millage rate for the city property tax, which shall become due December 1. The council, by ordinance, may provide for the payment of these taxes by installments or in one lump sum and may 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 revenue from such levy shall at least be sufficient, together with other anticipated revenues, fund balances, and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expenses of the general government of the city.
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
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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 ordinance, shall have the power to require any individuals or corporations who transact 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 in such a way as to preclude city regulation. Such fees may reflect the total costs to the city of regulating the activity and if unpaid shall be collected as provided in this article for delinquent taxes and fees. The council, by ordinance, may establish reasonable requirements for obtaining or keeping such licenses as the public health, safety, and welfare necessitate.
Section 6.14. Special assessments. The council shall have power and authority to assess all or part of the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances upon the abutting property owners, under such terms and conditions as may be prescribed by ordinance. Such special assessment shall become delinquent 30 days after their due dates, shall thereupon be subject, in addition to fi. fa. charges, to a penalty of 10 percent, and shall thereafter be subject to interest at the rate of 7 percent per annum from date due until paid. A lien shall exist against the abutting property superior to all other liens except that it shall be of equal dignity with liens for county and city property taxes. Said lien shall also be enforceable by the same procedures and under the same remedies as provided for in this article for city property taxes.
Section 6.15. 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.
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Section 6.16. Collection of delinquent taxes. The mayor may issue fi. fa. for the collection of unpaid taxes, which may be levied by the marshal. Property to be sold, if personalty, shall be sold before the place of holding election in said city after ten days' advertisement by posting three notices in said city, and, if realty, to be sold in the same place after four weeks' advertisement in a newspaper of said county. The marshal shall execute deeds of title. All property in said city shall be returned to the mayor for taxation and entered in a book for tax returns, and all property existing in said city on January 1 hereafter shall be taxable that year against the owner. All taxes, fines, and forfeitures shall be collected and held by the mayor and disbursed by him. He shall give bond to the members of the council after each election in the sum of $10,000.00 for the faithful performance of his duty.
Section 6.17. 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 transfer of tax fi. fas. Such transfer or assignment, when made, shall vest the purchaser or transferee with all right, title, and interest as provided by Georgia law governing sales and transfer of tax fi. fas.; provided, however, that upon levy of execution and sale of property pursuant to such tax fi. fa., whether assigned, transferred, or executed by the city, the owner of such property in fee simple or lesser interest shall not lose his right to redeem the property in accordance with the requirements of redemption of property sold under state or county ad valorem tax fi. fas. as said requirements now exist or as may be hereinafter provided by law.
Section 6.18. 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 6.19. Revenue bonds. Revenue bonds may be issued by the council as provided by the Revenue Bond Law, as now or hereafter amended or by any other Georgia law as now or hereafter amended.
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Section 6.20. Short-term notes. The city must obtain and repay any short-term loans between January 1 and December 31 of each year or as is otherwise provided by present or future state law.
Section 6.21. Fiscal year. The council shall set the fiscal year by ordinance. The fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, agency, and activity of the city government, unless otherwise provided by general state or federal law.
Section 6.22. Preparation of budgets. The council may provide an ordinance on the procedures and requirements for the preparation and execution of an annual operating budget and a capital improvement program and a capital budget including requirements as to the scope, content, and form of such budgets and programs.
Section 6.23. Additional appropriations. The council may make appropriations in addition to those contained in the current operating budget at any regular meeting or at any special meeting called for such purpose. Any such additional appropriations, however, may be made only from an existing unappropriated surplus in the fund to which it applies.
Section 6.24. Capital improvements budget, (a) The mayor may submit to the council a proposed capital improvements budget with recommendations as to the means of financing the improvements proposed for the ensuing fiscal year. The council shall have power to accept with or without amendments or reject the proposed program and proposed means of financing. The council shall not authorize an expenditure for the construction of any building, structure, work, or improvement unless the appropriations for such project are included in the capital improvements budget, except to meet a public emergency threatening the lives, health, or property of the inhabitants, provided that such authorization is passed by two-thirds' vote of the membership of the council.
(b) No appropriation provided for in the capital improvements budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided, however, that the mayor may submit amendments to the capital improvements budget, accompanied by his recommendations thereon, at any time during the fiscal year. Any such amendments to the capital improvements budget shall become effective only upon adoption by a vote of the council.
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Section 6.25. Independent audit. There shall be a biennial, independent audit of all city accounts, funds, and financial transactions by a certified public accountant selected by the council. The audit shall be conducted according to generally accepted governmental accounting principles. Any audit of any funds 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 6.26. Contracting procedures. No contract with the city shall be binding on the city unless:
(1) It is in writing; and
(2) It is made or authorized by the council and such approval is entered in the council minutes.
Section 6.27. Centralized purchasing. The council may, by ordinance, prescribe procedures for a system of centralized purchasing for the city.
Section 6.28. Sale of town property, (a) The council may sell and convey any real or personal property owned or held by the city for governmental or other purposes as provided by general state law, as now or later amended.
(b) The council may quitclaim any rights it may have in property not needed for public purposes upon report by the mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value.
(c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city, a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the council may authorize the mayor to execute and deliver in the name of the city a deed conveying said cutoff or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights of way of said street, avenue, alley, or public place or in settlement of any alleged damages sustained by said abutting or adjoining property owner. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property,
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notwithstanding the fact that no public sale after advertisement was or is hereafter made.
ARTICLE VII GENERAL PROVISIONS
Section 7.10. Eminent domain. The council is hereby empowered to acquire, construct, operate, and maintain public ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, sewage treatment facilities, waterworks, electrical systems, gas systems, airports, hospitals, and charitable, educational, recreational, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities and any other public improvements inside or outside the city, and to regulate the use thereof, and for such purposes, property may be taken under Title 22 of the O.C.G.A. or any other Georgia law applicable now or provided in the future.
Section 7.11. Franchises. The council shall have the power to grant franchises for the use of the city's streets and alleys, for the purposes of railroads, street railways, telephone companies, electrical companies, cable television, gas companies, transportation companies, and other similar organizations. The council shall determine the duration, provisions, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, no franchise shall be granted for a period in excess of thirtyfive years and no franchise shall be granted unless the city receives just and adequate compensation therefor. The council shall provide for the registration of all franchises with the city clerk in a registration book to be kept by the clerk. The council may provide by ordinance for the registration within a reasonable time of all franchises previously granted.
Section 7.12. Official bonds. The officers and employees of the city, both elective and appointive, shall execute such official bonds in such amounts and upon such terms and conditions as the council may from time to time require by ordinance or as may be provided by state law.
Section 7.13. Penalties. The violation of any provision of this charter, except those provisions which have been amended by home rule action, for which a penalty is not specifically prescribed by this charter is hereby declared to be a misdemeanor; and a person con-
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victed thereof shall be punished by a fine of not more than $1,000.00, by imprisonment not to exceed 365 days, or both such fine and imprisonment.
Section 7.14. Qualified electors. At municipal elections, the qualified electors of the City of Santa Claus shall be determined pursuant to the authority of the Georgia Municipal Election Code, or under other applicable general laws of the State of Georgia as are or may be enacted or amended.
Section 7.15. 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 Santa Claus, Georgia, and its governing authority.
(d) The word "council" shall mean the city council of this city.
(e) The singular shall include the plural and the masculine the feminine and vice versa.
Section 7.16. 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 independently of each other.
Section 7.17. Specific repealer. An Act incorporating the City of Santa Claus, approved March 27, 1941 (Ga. L. 1941, p. 1742), as amended by an Act approved March 13,1970 (Ga. L. 1970, p. 2733), is repealed in its entirety.
Section 7.18. Repealer. All laws and parts of laws in conflict with this Act are repealed.
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Notice of Intent to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1984 session of the General Assembly of Georgia, a bill to provide a new corporate charter for the City of Santa Claus; to provide for corporate limits; to provide for the corporate powers of said city; to provide for a mayor and city council to include terms and qualifications for office, vacancies, filling of said city offices, forfeiture of said offices; to provide for compensation and expenses for the mayor and city council; to provide for certain prohibitions from members of the city council and other city employees; to provide for a code of ethics for the city council; to authorize inquiries and investigations by the city council; to provide for the general power and authority of the city; to provide for a chief executive officer for the city; to provide for the powers and duties for the mayor as the chief executive officer of the city; to provide for the review of ordinances by the mayor; to provide a veto power for the mayor; to provide for a mayor pro tern, his selection and duties; to provide for an organization meeting for the mayor and city council; to provide for regular and special meetings of the mayor and city council; to provide for rules of procedure for the city council; to provide for a quorum and a voting procedure for the city council; to provide for the passage of city ordinances by the city council; to provide for emergency ordinances; to provide for modes of technical regulations for the city; to provide for the signing, authenticating, recording, codifying and printing of city ordinances; to provide administrative and serve departments for the city; to provide for boards, commissions and authorities for the city; to provide for a city attorney, to provide for a city clerk; to provide for a city tax collector; to provide for a city accountant; to provide for consolidation of related city functions; to create a municipal court; to provide for a judge; to provide for a term of court; to provide for jurisdiction and powers of the court; to provide for appeals; to provide for rules; to provide for elections and the practices and procedures related thereto; to provide for the removal of city officers; to provide for taxes and the practices and procedures related thereto; to provide for licenses, permits; fees, service charges and other special levies; to provide for the collection of delinquent taxes and fees; to provide means for meeting the financial needs of the city by the issuance of general obligation bonds, revenue bonds, etc.; to provide for budgets, appropriations and audits; to provide for contracting procedures; to provide for centralized purchasing; to provide for the sale of city property; to provide for eminent domain; to provide for franchises; to
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provide for official bonds; to provide for penalties; to provide for practices and procedures related to first municipal elections; to provide for construction and severability; to provide for effective dates; to repeal conflicting laws; and for other purposes.
This 14th day of February, 1984.
Earl Horton, Jr. Mayor, City of Santa Claus
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lunsford Moody, who, on oath, deposes and says that he is Representative from the 153rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Lyons Progress which is the official organ of Toombs County, on the following date: February 16,1984.
/s/ Lunsford Moody Representative, 153rd District
Sworn to and subscribed before me, this 20th day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 29,1984.
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TOWN OF FORT OGLETHORPE -- CORPORATE LIMITS CHANGED.
No. 1180 (House Bill No. 1519).
AN ACT
To amend an Act incorporating the Town of Fort Oglethorpe, approved February 17, 1949 (Ga. L. 1949, p. 703), as amended, particularly by an Act approved April 3,1972 (Ga. L. 1972, p. 3369), so as to change the corporate limits of the Town of Fort Oglethorpe; 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 Fort Oglethorpe, approved February 17, 1949 (Ga. L. 1949, p. 703), as amended, particularly by an Act approved April 3,1972 (Ga. L. 1972, p. 3369), is amended by adding a new Section 2G to read as follows:
"Section 2G. The corporate limits of the Town of Fort Oglethorpe shall include all of the territory described as follows:
(1) All that tract or parcel of land lying and being in Original Land Lot No. 125 in the 9th District, 4th Section of Catoosa County, Georgia, and described as follows: BEGINNING on the south line of Georgia Highway No. 2-A, at a point which is 653 feet west along the south line of said Highway from its intersection with the east line of said Land Lot No. 125; thence south 18 degrees west, 1068 feet to a point on the south line of said Land Lot No. 125; thence along said south line, north 89 degrees 7 minutes west, 262.1 feet to a point; thence north 18 degrees east, 1154.3 feet to a point on the south line of said Highway; thence along the south line of said Highway, south 70 degrees 23 minutes east, 250 feet to the point of beginning.
(2) The property of the First United Pentecostal Church on Cloud Springs Road.
(3) The Solomon property on Cloud Springs Road, said property being the site of the development of Market Place Mall.
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(4) That property lying and being in Original Land Lot 87, in the 9th District and 4th Section of Catoosa County, Georgia, being known as Lots Nos. Ten (10) and Eleven (11) of the MRS. A. J. JOLLY SUBDIVISION as shown by plat of said subdivision of record in Deed Book 29, page 181 in the Office of the Clerk of the Superior Court of Catoosa County, Georgia.
(5) All that tract or parcel of land lying and being in Land Lot 72 of the 3rd Section of the 28th District of Catoosa County, Georgia and being more fully described as follows:
To find the true point of BEGINNING, begin at an iron pin on the western right-of-way of Scruggs Road at the southeastern corner of Lot 279 of East Ridge Terrace Subdivision as shown on plat recorded in Plat Book 4, Page 51, in the Office of the Clerk of the Superior Court of Catoosa County, Georgia; thence south eighty-seven (87) degrees, fifty-two (52) minutes west along the southern boundary of said subdivision seven hundred seventynine and thirty-two hundredths (779.32) feet to an iron pin at the northeastern corner of the property of Roadway Express, Inc., as described in deed of record in Deed Book 269, Page 628, in the aforesaid Clerk's office; thence south two (02) degrees, thirtyseven (37) minutes, four (04) seconds east along the eastern line of the said Roadway Express, Inc., property, seven hundred ninetyeight and fifty-one hundredths (798.51) feet to a point; thence continuing south two (02) degrees, thirty seven (37) minutes, four (04) seconds east along the western terminus of a 100' wide public right-of-way conveyed to Catoosa County, Georgia by deed of record in Deed Book 269, Page 631 in the said Clerk's office, one hundred and nineteen hundredths (100.19) feet to the true point of BEGINNING of the property herein described; thence eastwardly along the southern line of said public right-of-way in a curve to the right having a radius of five thousand six hundred seventy-nine and fifty-eight hundredths (5679.58) feet a total distance of nine hundred three and no-tenths (903.0) feet (deed calls (907.04') to a point; thence south seventy-seven (77) degrees, nineteen (19) minutes east continuing along the eastern line of said right-of-way, sixty and two hundredths (60.02) feet (deed calls (60.87') to a point in the western line of Cloud Springs (GA. State Route #146) Road, as widened by deed to the State of Georgia recorded in Deed Book 269, Page 633, in the aforesaid Clerk's office; thence southwestwardly along the western line of Cloud Springs road (as widened) a total distance of three hundred
GEORGIA LAWS 1984 SESSION
5111
thirty-eight and twenty-five hundredths (338.25) feet to a point; thence south seventy-seven (77) degrees, thirty-two (32) minutes east continuing along the western line of said Cloud Springs Road (as widened) fifty-one and one-tenth (51.1) feet to a point in the present right-of-way of said Cloud Springs Road; thence south eleven (11) degrees, thirteen (13) minutes west along the present right-of-way of said Cloud Springs Road, seven hundred sixteen and no-tenths (716.0) feet to a point; thence southwardly continuing along the western line of said Cloud Springs Road in a curve to the right having a radius of five hundred eighty and three hundredths (580.03) feet an arc length of two hundred sixty-five and ninety-one hundredths (265.91) feet to a point; thence southwestwardly and westwardly along an old fence line in the present western line of Cloud Springs Road in following the irregular curvature of same a total distance of eight hundred forty five (845) feet more or less to a point; the said irregular curvature being subtended by the following chords: south 42 degrees, 58 minutes west 90.27 feet; south 40 degrees, 42 minutes west, 72.42 feet; south 25 degrees, 22 minutes west, 46.41 feet; south 17 degrees, 23 minutes west, 81.32 feet; south 13 degrees, 11 minutes west, 76.78 feet; south 23 degrees, 19 minutes west, 100.97 feet; south 36 degrees, 51 minutes west, 110.55 feet; south 44 degrees, 51 minutes west, 97.93 feet; south 48 degrees, 50 minutes west, 74.81 feet; south 49 degrees, 10 minutes west, 96.91 feet, south 71 degrees, 39 minutes west, 105.77 feet; fence north two (02) degrees, thirty seven (37) minutes, four (04) seconds west along a new severance line, one thousand three hundred five and seventeen hundredths (1305.17) feet to the southeastern corner of the aforesaid Roadway Express, Incorporated property; fence continuing north two (02) degrees, thirty seven (37) minutes, four (04) seconds west, along the eastern lines of the aforesaid Roadway Express, Incorporated property, seven hundred eighty nine and 21 hundredths (789.21) feet to the point of BEGINNING containing thirty one and two tenths (31.2) acres more or less.
(6) All that tract or parcel of land lying and being in Original Land Lots Nos. 19 and 20, in the 9th District and 4th Section of Catoosa County, Georgia, being more particularly described as follows: BEGINNING at a point which is opposite a point in the center line of Mack Smith Road, said point in the center line of Mack Smith Road being 450 feet south along the center line of Mack Smith Road from the point where it would be intersected by the Center line of Prater Road; thence from said
5112 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
beginning point on the east line of Mack Smith Road, due East, a Distance of 1000 feet to a point; thence southwardly, with an enclosed angle of 90 degrees, a distance of 600 feet to a point; thence due West, a distance of 1,240 feet, more or less, to the east line of Mack Smith Road; thence northwardly, along the east line of Mack Smith road, a distance of 650 feet, more or less, to the point of BEGINNING, continuing 15.7 acres, more or less.
(7) All that tract or parcel of land lying and being in Original Land Lot No. 125 in the Ninth District, Fourth Section of Catoosa County, Georgia, and described as follows: BEGINNING on the south line of Georgia Highway No. 2A, at a point which is 653 feet west along the south line of said Highway from its intersection with the east line of said Land Lot No. 125; thence south 18 degrees west, 1068 feet to a point on the south line of said Land Lot No. 125; thence along said south line, north 89 degrees 7 minutes west, 262.1 feet to a point; thence north 18 degrees east, 1154.3 feet to a point on the south line of said Highway; thence along the south line of said Highway, south 70 degrees 23 minutes east, 250 feet to the point of beginning."
Section 2. In the event that any other local Act of the 1984 General Assembly affects the corporate limits of the town of Fort Oglethorpe, the provisions of this Act shall control over the provisions of such other 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 1984 session of the General Assembly of Georgia a bill to change the corporate limits of the City of Fort Oglethorpe; to provide for related matters; and for other purposes.
This 12 day of January, 1984.
GEORGIA LAWS 1984 SESSION Robert G. Peters
5113
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robert G. Peters, who, on oath, deposes and says that he is Representative from the 2nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Catoosa County News which is the official organ of Catoosa County, on the following date: January 18, 1984.
/s/ Robert G. Peters Representative, 2nd District
Sworn to and subscribed before me, this 1st day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 29,1984.
5114 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CITY OF ROSSVILLE -- CERTAIN TERRITORY EXCLUDED FROM CORPORATE LIMITS.
No. 1181 (House Bill No. 1530).
AN ACT
To amend an Act creating a new charter for the City of Rossville in Walker County, approved March 22, 1974 (Ga. L. 1974, p. 2819), as amended, so as to provide that the corporate limits of the City of Rossville shall not include certain territory; 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 Rossville in Walker County, approved March 22,1974 (Ga. L. 1974, p. 2819), as amended, is amended by adding at the end of Section 1.11 a new subsection (c) to read as follows:
"(c) On and after the effective date of this subsection the corporate limits of the City of Rossville shall not include any of the following territory:
(1) The right-of-way of Hogan Road from the existing Rossville City limits south to and including its intersection with McFarland Avenue (or McFarland Gap Road); and the right-ofway of McFarland Avenue, also known at that point as McFarland Gap Road, from its intersection with Hogan Road, in a westerly direction to the property of Donald H. Martin, located at 1861 McFarland Avenue or McFarland Gap Road; the property of Donald H. Martin; and the property of Tennessee-Georgia Memorial Garden, located at 724 Hogan Road.
(2) The right-of-way of U. S. Highway 27, also known as LaFayette Road, from the existing City Limits of the City of Rossville, south to and including its intersection with Schmitt Road; and the right-of-way of Schmitt Road, from its intersection with LaFayette Road, south to the property of Mrs. Mary Louise Hill, located at 630 Schmitt Road, including the right-of-way of Schmitt Road which fronts on the property of Mrs. Mary Louise
GEORGIA LAWS 1984 SESSION
5115
Hill; the said property of Mrs. Mary Louise Hill; the property of Lane Funeral Home, Inc., located at 901 LaFayette Road; and the property of Lane Funeral Home, Inc., located at 903 LaFayette Road.
(3) The right-of-way of Heggie Street, from its intersection with LaFayette Road, to the property of Enterprise Properties, Inc., being Lot 10, Block C of Emerson Place, according to the ReAmended plan of M. E. Heggie Subdivision, Betts Engineering drawing attached to the application for Annexation of Enterprise Properties, Inc., including the right-of-way of Heggie Street fronting on said lot 10, Block C, and the following property of Enterprise Properties, Inc.: Lots 2,4,9,10,11,12 and 13 of Block A; Lots 2,4,5,6,8 and 10 of Block B; and Lots 6,10,15, and 16 of Block C, all according to the said Betts Engineering drawing.
(4) The right-of-way of Callan Drive, from its intersection with LaFayette Road, west to the property of Raymond E. Hines, located at 86 Kriswood Drive, including the right-of-way of Callan Street fronting on the said property of Raymond E. Hines; and the right-of-way of Kriswood Drive, from its easterly intersection with Callan Drive, to the westerly intersection of Kriswood Drive and Callan Drive; and the right-of-way of Montayne Drive from its intersection with Callan Drive said to the property of Lorene Allen, located at 6 Montayne Drive, including the right-of-way of Montayne Drive fronting on the said property of Lorene Allen; and the right of way of Sandra Drive from its intersection with Callan Drive, south to the property of Kenneth P. Wood and Betty Larkin Wood, located at 12 Sandra Drive, including the right-ofway of Sandra Drive fronting on the said property of Kenneth R. Wood and Betty Larkin Wood; and the property of the following persons, located at the listed addresses:
Elsie L. Hicks 123 Callan Drive
Walter W. Stafford, and Jewell S. Stafford 125 Callan Drive
Lynn H. Murdock, and Harriett Murdock 215 Callan Drive
5116 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Herbert Poole Jones 229 Callan Drive
Lorene Allen 6 Montayne
Larry Fleming 4 Sandra Drive
John K. Stansell, Jr. and Teresa J. Pierce 5 Sandra Drive
Kenneth R. Wood, and Betty Larkin Wood 12 Sandra Drive
W. B. Doughty, Jr., and Billie Doughty 20 Kriswood Drive
R. E. Hinds 86 Kriswood Drive
Frances Lauter 89 Kriswood Drive
Fred G. Cook, Jr., and Herschelene Cook 50 Kriswood Drive
Charles Ed Rogers 26 Kriswood Drive
(5) The right-of-way of Park City Road, from the existing City limits of the City of Rossville, south to and including the intersection of Park City Road and Schmitt Road; and the rightof-way of Schmitt Road, from its intersection with Park City Road, north to and including the intersection of Schmitt Road and Jefferson Street; and the right-of-way of Jefferson Street, from its intersection with Schmitt Road, east to the property of Lillian Margaret O'Kelley and Mary Louise Hill located at 646 Margaret Lane, including the right-of-way of Jefferson Street fronting on the said property of Lillian Margaret O'Kelley and Mary Louise Hill; and the property of Lillian Margaret O'Kelley and Mary Louise Hill, located at 646 Margaret Lane.
GEORGIA LAWS 1984 SESSION
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(6) The property of the following persons described in the deeds attached to Ordinance No. 204 adopted by the City of Rossville on March 8,1982:
1. Ross Lane, 827 Crown Street 2. Claude Mason, 825 Crown Street 3. E. D. Wade, 116 Valentine Drive 4. Randy Hale, 333 Callan Drive 5. Willie B. Thedford, 212 Callan Drive 6. Howard C. Shelton, 110 Callan Drive 7. John R. Henderson, 39 Kriswood Drive 8. Walter L. Fugatt, 9 Sylvia Drive 9. Mary Ann Williams Thaxton,
84 Kriswood Drive (2 Tracts) 10. Helen M. Nelson, 81 Kriswood Drive 11. Mrs. Frank W. Jarnigan, Jr.,
9 Montayne Drive 12. James Cowart, 6 Sylvia Drive 13. Ardeena K. Stroud, 147 Callan Drive 14. John T. Gargis, 120 Callan Drive 15. Thomas A. Cooper, 10 Sylvia Drive 16. Gordon G. Goins, 14 Montayne 17. James Radcliff, 225 Callan Drive 18. John R. Henderson,
321 Callan Drive (2 Tracts) 19. Monroe E. Cheatwood, 315 Callan Drive 20. Ralph B. Brown, 317 Callan Drive 21. Charles R. Grice, 206 Callan Drive 22. Robert L. Ghann, 114 Callan Drive 23. Loren K. Duncan, 6 Sandra Drive"
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 1984 session of the General Assembly of Georgia a bill to change the corporate limits of the City of Rossville; to provide for related matters; and for other purposes.
5118 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This 13th day of January, 1984.
Forest Hays, Jr. Representative
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Forest Hays, 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 date: January 18,1984.
/s/ Forest Hays, Jr. Representative, 1st District
Sworn to and subscribed before me, this 30th day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 29,1984.
GEORGIA LAWS 1984 SESSION
5119
BOARD OF EDUCATION OF RICHMOND COUNTY -- COMPOSITION OF BOARD, ELECTION DISTRICTS, ETC. CHANGED.--REFERENDUM
No. 1182 (House Bill No. 554).
AN ACT
To amend an Act regulating public instruction for the County of Richmond, approved August 23, 1872 (Ga. L. 1872, p. 456), as amended, particularly by an Act approved April 6,1981 (Ga. L. 1981, p. 3677), so as to change the composition of the board of education of Richmond County and provide for new districts therefor; to change the manner of qualifying and electing members; to define the term "House District"; to provide for terms, vacancies, and qualifications; to abolish certain offices; to provide for election of a president and vice president of the board; to authorize the president and vice president to succeed themselves; to provide for a referendum; to provide for a special election and the shortening and lengthening of terms of office under certain conditions; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act regulating public instruction in the County of Richmond, approved August 23, 1872 (Ga. L. 1872, p. 456), as amended, particularly by an Act approved April 6,1981 (Ga. L. 1981, p. 3677), is amended by striking subsections (e), (f), and (g) of Section 1 in their entirety and substituting in lieu thereof the following:
"(e) (1) On and after January 1,1987, the board of education of Richmond County shall consist of nine members. The members shall be qualified voters of Richmond County and shall have been residents of Richmond County for a period of not less than two years preceding the election for which those persons are candidates. Each of the members shall have been a resident of the school board district that member represents for at least one year at the time of election and shall be elected by the voters voting in that district. The office of any member elected from a school board district shall be vacated upon that member's removal from the district he represents.
5120 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(2) For the purpose of electing members of the board of education of Richmond County, the Richmond County School District is divided into nine school board districts as follows:
School Board District I - That portion of Richmond County lying within House District 85.
School Board District II - That portion of Richmond County lying within House District 86.
School Board District III - That portion of Richmond County lying within House District 87.
School Board District IV - That portion of Richmond County lying within House District 88.
School Board District V - That portion of Richmond County lying within House District 89.
School Board District VI - That portion of Richmond County lying within House District 90.
School Board District VII - That portion of Richmond County lying within House Districts 85 and 88.
School Board District VIII - That portion of Richmond County lying within House Districts 86 and 89.
School Board District IX - That portion of Richmond County lying within House Districts 87 and 90.
(f) As used in subsection (e) of this section, `House District' means representative districts of the Georgia House of Representatives specified in Code Section 28-2-1 of the O.C.G.A. as such Code existed on July 1,1983.
(g) Those eight members of the board who, under previously existing provisions of this section, were elected to office as members of the board for terms of office expiring December 31, 1986, shall serve out their terms of office, at which time those offices shall be abolished, and no person shall be elected at the 1986 general election or thereafter to fill such abolished offices.
GEORGIA LAWS 1984 SESSION
5121
(h) Those three members of the board who, under previously existing provisions of this section, were elected to office as members of the board at the general election of 1982 for terms of office expiring December 31,1988, shall only serve until December 31,1986, at which time those offices shall be abolished, and no person shall be elected at the 1986 general election or thereafter to fill such abolished offices.
(i) Those five members of the board of education who, under the previously existing provisions of this section, were elected to office at the general election in 1984 for terms of office expiring December 31, 1988, shall only serve until December 31, 1986, at which time those offices shall stand abolished, and no person shall be elected at the 1986 general election or thereafter to fill such abolished offices.
(j) At the general election in 1986, nine members of the board shall be elected pursuant to this section from School Board Districts I, II, III, IV, V, VI, VII, VIII, and IX. The members elected from School Board Districts I, III, V, VII, and IX shall each serve for an initial term of office of four years and until their successors are elected and qualified. The members elected from School Board Districts II, IV, VI, and VIII shall each serve for an initial term of office of two years and until their successors are elected and qualified. The members of the school board shall take office on the first day of January immediately following their election.
(k) After the initial terms specified in subsection (j) of this section, successors to the members of the board elected pursuant to that subsection shall each be elected at the general election immediately preceding the expiration of their respective terms and shall each take office on January 1 immediately following their election for terms of four years and until the election and qualification of their respective successors.
(l) Vacancies occurring on and after January 1, 1986, except those arising from expiration of terms, shall be filled as provided in this subsection. Vacancies shall be filled by election at the next succeeding general election and shall be for the unexpired portion of the term caused by said vacancy, provided said vacancy occurs at least 50 days prior to the date set for the election, including the day on which the vacancy occurs, and provided further that if the vacancy occurs at least 50 days prior to the date of the election the candidates shall be allowed not less than ten days to qualify. If the vacancy occurs less than 50 days prior to the date of the election, the vacancy
5122 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
shall not be filled until the next succeeding election held for that purpose; provided, further, that all such candidates shall have no less than ten days to qualify. Should there ever occur on the board as many as two vacancies at one time, a special election shall be conducted in the same manner as other elections for members of the board and shall be called not later than 45 days after the vacancies occur. Any candidates desiring to qualify in the special election provided for in this subsection to fill a vacancy shall have the residency requirements provided for in this section, and the candidates shall qualify and run for election as provided for in this section.
(m) At least 50 days prior to the date of any election for members of the board under this Act, every person intending to become a candidate for membership on the board of education shall file a declaration of intention and identify the particular district he is a candidate to represent with the board of elections of Richmond County. Each candidate for the board of education shall pay a $100.00 qualifying fee with the board of elections upon the date that he files his notice of candidacy. A written acknowledgment of the receipt of such declaration from the board of elections shall always be evidence of its filing. In the event not more than one such notice or declaration of intention is filed in respect to any position, the person filing shall automatically become the board member from that particular district for the next ensuing term as fixed by law; and no election shall be held for such district or office. In the event no notices or declarations are filed by a candidate to become the member of the board from a particular district, the board of education shall fill such vacancy by a majority vote of members present at a special meeting of the board called for that purpose. When more than one candidate to become a member of the board of education files from a particular district, an election shall be held. The board of elections of Richmond County shall certify the unopposed candidates and, based upon this certification, the Secretary of State is authorized to issue commissions to such unopposed candidates."
Section 2. Said Act is further amended by striking the first paragraph of Section 3 thereof and inserting in its place a new first paragraph to read as follows:
"The board of education shall hold an organizational meeting on the second Saturday in January in each odd-numbered year, at 10:00 A.M., in the office of the board of education. The board shall then proceed to organize by electing one of its members president and one
GEORGIA LAWS 1984 SESSION
5123
vice president for the term of two years and until their successors are duly elected and qualified. The president and vice president may be elected to succeed themselves in office. The superintendent of schools shall be secretary of the board. All conveyances and contracts shall be executed on behalf of the board by the president or vice president and the secretary."
Section 3. Not later than September 15,1984, it shall be the duty of the election superintendent of Richmond County to issue the call for an election for the purpose of submitting this Act to the electors of the Richmond County School District for approval or rejection. The superintendent shall set the date of such election for Tuesday, November 6, 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 Richmond County. The ballot shall have written or printed thereon the words:
"( ) YES ( ) NO
Shall the Act providing for the reduction in size of the Richmond County Board of Education from 16 members to nine members with staggered terms of office 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.
It shall be the duty of the superintendent of Richmond County to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State.
Section 4. (a) If this Act is approved by the voters of Richmond County in the referendum election on Tuesday, November 6, 1984, the General Assembly at its regular session in 1985, may change the date of the election of the first nine members of the Richmond County Board of Education under this Act from the general election in 1986 to a special election to be conducted on Tuesday after the first Monday in November, 1985.
5124 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(b) In that event:
(1) The terms of office of all sixteen members of the board of education of Richmond County shall expire on December 31, 1985, at which time such offices shall stand abolished;
(2) The terms of office of the members elected to represent School Board Districts I, III, V, VII, and IX shall be increased from four years to five years;
(3) The terms of office of the members elected to represent School Board Districts II, IV, VI, and VIII shall be increased from two years to three years;
(4) Successors to the members of the board representing School Board Districts II, IV, VI, and VIII shall be elected at the general election in 1988;
(5) Successors to the members of the board elected to represent School Board Districts I, III, V, VII, and IX shall be elected at the general election in 1990; and
(6) Thereafter all members of the board shall be elected as provided in subsection (k) of this Act.
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 entitled "An Act to Regulate Public Instruction in the County of Richmond", approved August 23, 1972 (Ga. Laws 1972, p. 456), as amended, particularly by an Act approved February 25, 1949 (Ga. Laws 1949, p. 1435), an Act approved March 21,1974 (Ga. Laws 1974, p. 2545), an Act approved April 11,1979 (Ga. Laws 1979, p. 3990) and an Act approved April 6, 1981 (Ga. Laws 1981, p. 3677), so as to provide for the number of members of the Board of Education of Richmond County; to provide the terms of office; to provide for biennial elections for the members of the Board of Education; to
GEORGIA LAWS 1984 SESSION
5125
provide for other matters relating to the foregoing; to repeal conflicting laws; and for other purposes.
This 13th day of December, 1982.
Travis S. Barnes Representative-Elect, 90th 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 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 23, 1986. (Seal).
Approved March 29,1984.
5126 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CITY OF MOUNTAIN PARK -- CHARTER AMENDMENTS RELATING TO MAYOR'S COURT.
No. 1183 (House Bill No. 845).
AN ACT
To amend an Act reincorporating the City of Mountain Park and creating a new charter for said city, approved March 30,1982 (Ga. L. 1982, p. 3648), so as to change the name of the mayor's court and to provide for the appointment of a judge of said court; to provide for the appointment of officers and personnel of the court; to change the provisions relating to punishment; 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 reincorporating the City of Mountain Park and creating a new charter for said city, approved March 30,1982 (Ga. L. 1982, p. 3648), is amended by striking Article VII in its entirety and substituting in lieu thereof a new Article VII to read as follows:
"ARTICLE VII MAGISTRATE'S COURT
Section 7.10. Creation, (a) There is established a court to be known as the `Magistrate's Court of the City of Mountain Park' which shall have jurisdiction and authority to try offenses against the laws and ordinances of said city and to punish for a violation of the same. Such court shall have the power to enforce its judgments by the imposition of penalties provided for by Section 7.12 of this charter; to punish witnesses for nonattendance; and to punish also any person who may counsel or advise, aid, encourage, or persuade another whose testimony is desired or material in any proceeding before said court, to go or move beyond the reach of the process of the court; to try all
GEORGIA LAWS 1984 SESSION
5127
offenses within the territorial limits of the City of Mountain Park constituting traffic cases which under the laws of Georgia are placed within the jurisdiction of municipal or police courts to the extent of and in accordance with the provisions of such laws and all laws subsequently enacted amendatory thereof.
(b) The council shall provide by ordinance for the following:
(1) For the appointment by the council of a judge of the magistrate's court. In order to be appointed as judge, the person must be at least 21 years of age, a qualified attorney, and a resident of the same judicial circuit as that in which the court is located;
(2) For the term of office of the judge;
(3) For the compensation of the judge;
(4) For filling a vacancy which may occur in the office of judge;
(5) For appointment by the council of a person to serve as judge of the magistrates's court during the temporary absence or disqualification of the judge of said court. Any person so appointed must possess the same qualifications as required in paragraph (1) of this subsection;
(6) For the appointment by the council of a solicitor of the magistrate's court. The person appointed shall be at least 21 years of age and a qualified attorney and may be the city attorney of the City of Mountain Park;
(7) For the appointment of one or more marshals for the magistrate's court and for the duties of such marshals; and
(8) For the appointment of a clerk of the magistrate's court and for the duties of such clerk.
Section 7.11. Convening. Said court shall be convened at such times as designated by ordinance of the council or at such times as may be necessary to keep current the dockets thereof.
5128 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 7.12. Jurisdiction; Powers, (a) The magistrate's court shall try and punish for crimes against the City of Mountain Park by the violation of its ordinances. The magistrate's court shall have authority to punish those in its presence, or so near thereto as to affect its operation, for contempt, provided that such punishment shall not exceed $100.00 or 20 days in jail. The magistrate's court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment for 180 days or both and, as an alternative to fine or imprisonment, may sentence any offender upon conviction to labor in the city work gang or on the streets for a period not exceeding 180 days.
(b) The magistrate's court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations of the laws or ordinances of the City of Mountain Park and may prescribe the conditions for forfeiture of the same.
(c) The magistrate's court shall have authority to administer oaths and perform all other acts necessary or proper to the conduct of said court.
(d) The magistrate's court shall have the authority to bind prisoners over to the appropriate court when it appears that a state law has been violated.
(e) The magistrate's court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summons, subpoenas, and warrants which may be served or executed by the marshal of such court or by any other officer so authorized by this charter or by state law.
(f) The magistrate's court is specifically vested with all of the jurisdiction and powers throughout the entire area of the City of Mountain Park granted by state laws generally to mayor's, recorder's, and police courts, and particularly by such laws as authorize the abatement of nuisances.
Section 7.13. Certiorari. Certiorari from the superior court to the magistrate's court shall lie in the same manner and under the same procedure as prescribed for certiorari to the various justice courts of the state.
GEORGIA LAWS 1984 SESSION
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Section 7.14. Procedure. All reasonable rules and regulations relative to procedure and to the operation of the magistrate's court may be enacted by the city council, provided that such rules and regulations shall be consistent with the provisions set forth in this charter and in conformance with the Constitutions of the United States and of Georgia and all laws of general application thereunder. The city council may adopt in whole or in part the rules and regulations relative to procedure and to the operation of the superior courts under the general laws of the State of Georgia."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that the City of Mountain Park, 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 amend the City Charter of the City of Mountain Park to provide authority to establish a recorder's court; and for other purposes."
This 8th day of February, 1983.
By: Donald E. Henderson Attorney for the City of Mountain Park, Georgia
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Luther S. Colbert, who, on oath, deposes and says that he is Representative from the 23rd District, and that the attached copy of Notice of Intention to Introduce Local
5130 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following dates: February 9,16,23,1983.
/s/ Luther S. Colbert Representative, 23rd District
Sworn to and subscribed before me, this 28th day of February, 1983.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 29,1984.
GILMER COUNTY -- COMPENSATION OF COMMISSIONER.
No. 1184 (House Bill No. 856). AN ACT
To amend an Act creating a county commissioner of Gilmer County and an advisory board of Gilmer County, approved February 23, 1943 (Ga. L. 1943, p. 1021), as amended, particularly by an Act approved April 9, 1981 (Ga. L. 1981, p. 4370), so as to change the provisions relative to the compensation of the commissioner; to repeal conflicting laws; and for other purposes.
GEORGIA LAWS 1984 SESSION
5131
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating a county commissioner of Gilmer County and an advisory board of Gilmer County, approved February 23, 1943 (Ga. L. 1943, p. 1021), as amended, particularly by an Act approved April 9,1981 (Ga. L. 1981, p. 4370), is amended by striking Section 3 in its entirety and substituting in lieu thereof a new Section 3 to read as follows:
"Section 3. The compensation of the commissioner shall be $22,000.00 per annum, payable in equal monthly installments from the funds of Gilmer County."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1983 session of the General Assembly of Georgia, a bill to amend an act creating a County Commissioner of Gilmer County and Advisory Board of Gilmer County, approved February 23,1943 (Ga. Laws 1943, P. 1021), as amended; and for other purposes.
Carlton H. Colwell Representative, 4th District
Ralph Twiggs Representative, 4th District
Max R. Brannon Senator, 51st District
5132 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 Times Courier which is the official organ of Gilmer County, on the following dates: February 10,17, 24, 1983.
/s/ Carlton H. Colwell Representative, 4th 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 29,1984.
NEWTON COUNTY -- PROVISIONS MADE FOR MAGISTRATE COURT.
No. 1185 (House Bill No. 888). AN ACT
To provide for the Magistrate Court of Newton County; to provide
GEORGIA LAWS 1984 SESSION
5133
that the judge of the Probate Court of Newton County shall serve as chief magistrate of Newton County; to provide that any deputy clerk of the probate court may serve as the clerk of magistrate court and that clerical personnel of the probate court shall perform clerical duties in the magistrate court; to provide for related matters; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. The magistrate court created in Newton County pursuant to the provisions of Article VI of the Constitution of 1982 shall be governed by the provisions of this Act and in any case for which provision is not made by this Act shall be governed by the provisions of general law.
Section 2. The judge of the Probate Court of Newton bounty shall serve as chief magistrate of Newton County.
Section 3. The judge of probate court in his capacity as chief magistrate may appoint one or more of the deputy clerks of the probate court to serve as clerk or deputy clerks of the magistrate court; and any or all of the clerical personnel of the probate court shall be authorized to perform clerical duties for the magistrate court.
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 1933 session of the General Assembly of Georgia a bill to provide for the Magistrate Court which will be created in Newton County on July 1, 1983, under the Constitution of 1982 and to provide for all matters related to the court; and for other purposes.
This 3rd day of February, 1983.
5134 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Honorable Denny M. Dobbs Representative, 74th District
Honorable E. R. Lambert Representative, 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 4th day of March, 1983.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 29,1984.
GEORGIA LAWS 1984 SESSION
5135
CITY OF ROCHELLE -- PUNISHMENT PERMITTED TO BE IMPOSED BY MAYOR'S OR RECORDER'S COURT.
No. 1186 (House Bill No. 1116).
AN ACT
To amend an Act to incorporate the City of Rochelle, approved March 3,1962 (Ga. L. 1962, p. 2791), as amended, so as to change the punishment which may be imposed by the mayor's or recorder's court; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
S ection 1. An Act to incorporate the City of Rochelle, approved March 3, 1962 (Ga. L. 1962, p. 2791), as amended, is amended by striking subsection (D) from Section 14 in its entirety and inserting in lieu thereof a new subsection (D) to 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 $1,500.00 and to imprisonment in the prison of said city or in the common jail of Wilcox County, not exceeding 12 months, 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. 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.
5136 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 1984 session of the General Assembly of Georgia a bill to amend the charter of the City of Rochelle; and for other purposes.
This 22nd day of December, 1983.
W. N. Hudson Representative, 117th District
Georgia, Crisp County.
Comes now Jack G. Mathews, Publisher of the Cordele Dispatch and/or Wilcox Chronicle, Crisp Area Scene and swears that the attached copy of the legal advertisement was advertised in this publication for: City of Rochelle on the following date: December 22, 1983.
/s/ Jack C. Mathews Publisher
Sworn to and subscribed before me, this 11th day of January, 1984.
/s/ Kay B. Langford Notary Public. My Commission Expires April 8, 1986. (Seal)
Approved March 29,1984.
GEORGIA LAWS 1984 SESSION
5137
CITY OF DOUGLASVILLE -- ELECTION OF MAYOR AND COUNCILMEN -- WARDS CHANGED, ETC.
No. 1187 (House Bill No. 1584).
AN ACT
To amend an Act creating a new charter for the City of Douglasville, approved March 9, 1972 (Ga. L. 1972, p. 2219), as amended, particularly by an Act approved March 13, 1978 (Ga. L. 1978, p. 3335), so as to change the provisions relating to the election of the mayor and councilmen; to change the wards for such elections; to require candidates to receive a majority of the votes cast; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating a new charter for the City of Douglasville, approved March 9, 1972 (Ga. L. 1972, p. 2219), as amended, particularly by an Act approved March 13, 1978 (Ga. L. 1978, p. 3335), is amended by striking Section 2.01 in its entirety and inserting in lieu thereof a new Section 2.01 to read as follows:
"Section 2.01. Establishment of City Government, (a) The corporate governmental powers of the City of Douglasville shall be vested in a mayor and seven councilmen, two councilmen from the city at large and one councilman from each of the five wards of the City of Douglasville, who shall exercise their powers in such manner as prescribed by this charter, the Constitution, and applicable laws of the State of Georgia, or if not so prescribed, in such manner as prescribed by the duly established ordinances of the City of Douglasville.
(b) For the purpose of electing councilmen, the City of Douglasville is divided into five wards consisting of the following described territory within the corporate limits of the city:
Ward 1
Beginning at the point of intersection of the centerline of Dallas Highway a/k/a Georgia State Highway 92 and the center-
5138 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
line of the Southern Railroad right of way; running thence Southwestwardly along the centerline of the Southern Railroad right of way to the point of intersection of the centerline of the Southern Railroad right of way and the centerline of said railroad right of way and South Flat Rock Road; run thence Northwesterly, Northerly and Northwesterly along the centerline of the right of way of South Flat Rock Road to the point of intersection of the corporate limits of the City of Douglasville; run thence West along said corporate limits which is the South land lot line of Land Lot 195 of the 2nd District and 5th Section of Douglas County, Georgia, to the Southwest corner of Land Lot 195; running thence South along the city limits line and the West line of Land Lot 190 of the 2nd District and 5th Section of Douglas County, Georgia, to the Southwest corner of Land Lot 190 of the 2nd District and 5th Section of Douglas County, Georgia; run thence Easterly along the city limits line of the City of Douglasville and the South line of Land Lot 190 of said district and section to the Southeast corner of Land Lot 190; run thence South along the city limits line of the City of Douglasville and the West land lot line of Land Lot 162 of the 2nd District and 5th Section of Douglas County, Georgia, to the Southwest corner of said Land Lot 162; run thence East along the corporate limits of the City of Douglasville and the South land lot line of Land Lot 162 of said district and section to the point of intersection of said land lot line and Dogwood Hills Drive; run thence Southeasterly along the centerline of Dogwood Hills Drive and the corporate limits of the City of Douglasville to the point of intersection of the centerline of Dogwood Hills Drive and the point of intersection of the West land lot line of Land Lot 160 of the 2nd District and 5th Section of Douglas County, Georgia, and the corporate limits of the City of Douglasville; run thence South along the corporate limits of the City of Douglasville and the West land lot line of Land Lot 160 of the 2nd District and 5th Section of Douglas County, Georgia, to a point where the corporate limits of the City of Douglasville go due West; run thence due West along the corporate limits of the City of Douglasville to the Western city limits line of the City of Douglasville on the West land lot line of Land Lot 159 of the 2nd District and 5th Section of Douglas County, Georgia; run thence South along the corporate limits of the City of Douglasville and
GEORGIA LAWS 1984 SESSION
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the West land lot line of Land Lot 159 to the point of intersection of the corporate limits of the City of Douglasville and the West land lot line of Land Lot 159 of the 2nd District and 5th Section of Douglas County, Georgia, and the Northern side of the right of way of Interstate Highway 20; run thence Northeasterly along the Northern side of the right of way of Interstate Highway 20 to the point of intersection of the Northern side of Interstate Highway 20 and the centerline of Tidwell Road (also known as Dorris Road); run thence Northeasterly and Northwesterly along the centerline of said Tidwell Road to the point of intersection of the centerline of Tidwell Road and the Southern right of way of Georgia State Highway 92; run thence Northwestwardly along the Southerly and Southeasterly side of the right of way of Georgia State Highway 92 to the point of intersection of the Southwestern side of the right of way of Georgia State Highway 92 and the centerline of Spring Street; run thence Southwestwardly along the centerline of Spring Street to the point of intersection of the centerline of Spring Street and the centerline of Duncan Street; run thence Southeasterly, Southerly and Southwestwardly along the centerline of Duncan Street to the point of intersection of the centerline of Duncan Street and the centerline of Campbellton Street; run thence Northwesterly, Northerly and Northwestwardly along the centerline of the right of way of Campbellton Street and the point of intersection of the centerline of the Southern Railroad right of way and the centerline of the right of way of Dallas Highway a/k/a Georgia State Highway 92 and the point of beginning.
Ward 2
Beginning at the point of intersection of the centerline of Dallas Highway a/k/a Georgia State Highway 92 and the right of way of Southern Railroad and run thence Northeasterly along the centerline of the right of way of Southern Railroad to the point of intersection of the centerline of the Southern Railroad and what would be the centerline of the right of way of Connally Drive if Connally Drive right of way extended across U.S. Highway 78 and to the centerline of said railroad; run thence Southeasterly and southerly along the centerline of Connally Drive to the point of
5140 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
intersection of the centerline of Connally Drive and the Northern side of the right of way of Georgia State Highway 92; run thence East along the Northern side of the right of way of Georgia State Highway 92 to the point of intersection of the Northern side of the right of way of Georgia State Highway 92 and the Northwestern side of the right of way of Interstate Highway 20; run thence southwesterly along the Northeasterly side of the right of way of Interstate Highway 20 to the point of intersection of the right of way of Interstate Highway 20 and the centerline of the right of way of Tidwell Road (also known as Dorris Road); run thence Northeasterly and Northwestwardly along the centerline of the right of way of Tidwell Road to the point of intersection of the Southern side of the right of way of Georgia State Highway 92 and the centerline of Tidwell Road; run thence Northwesterly along the Southwestern side of the right of way of Georgia State Highway 92 to the point of intersection of the Southwestern side of the right of way of Georgia State Highway 92 and the centerline of Spring Street; run thence Southwesterly along the centerline of Spring Street to the point of intersection of the centerline of Spring Street and the centerline of Duncan Street; run thence Southeasterly and Southwesterly along the centerline of Duncan Street to the point of intersection of the centerline of Duncan Street and the centerline of Campbellton Street; run thence Northwesterly, Northerly and Northwestwardly along the centerline of Campbellton Street to U.S. Highway 78 and extending said line across the Southern Railroad to the point of intersection of the centerline of Southern Railroad right of way and the Dallas Highway a/k/a Georgia State Highway 92 and the point of beginning.
Ward 3
Beginning at the point of intersection of the centerline of Dallas Highway, a/k/a Georgia State Highway 92, and the centerline of the right of way of Southern Railroad; running thence northwesterly along the centerline of Dallas Highway to the point of intersection of Dallas Highway and Thompson Street; running thence northwesterly along the centerline of Thompson Street to the point of intersection of Thompson Street and Upshaw Mill Road; running
GEORGIA LAWS 1984 SESSION
5141
thence southeasterly along the centerline of Upshaw Mill Road to the point of intersection of Upshaw Mill Road and Dallas Highway; running thence northerly along the centerline of Dallas Highway to the intersection of Dallas Highway and the north land lot line of Land Lot 705, 1st District, 5th Section, Douglas County, Georgia; running thence east along the north lines of Land Lots 705 and 704 of said District and Section to the point of intersection of the north line of Land Lot 704 with the west line of Land Lot 647, 18th District, 2nd Section, Douglas County, Georgia; running thence north along the west line of said Land Lot 647 to the northwest corner of said Land Lot; running thence east along the north lines of Land Lot 647 to the southwest corner of Land Lot 645 of said District and Section; running thence north along the west line of Land Lots 645 and 552 to the northwest corner of Land Lot 552; running thence east, south, east and southeasterly along the city limits line of the City of Douglasville to a point of the east line of Land Lot 552, 18th District, 2nd Section; running thence south along the east lines of Land Lots 552, 645 and 648 to the intersection of Malone Street with the east line of Land Lot 648; running thence west along the centerline of Malone Street to a point; running thence South along the city limits line of the City of Douglasville to a point on the south line of Land Lot 648; running thence west along the south line of Land Lot 648 to the southwest corner of said Land Lot; running thence south along the east line of Land Lot 739 to the southeast corner of said Land Lot; running thence east along the north line of Land Lot 741 to the northeast corner of said Land Lot and to the centerline of Huey Road; running thence southerly along the centerline of Huey Road to the point of intersection of Huey Road and the north line of Land Lot 825, 18th District, 2nd Section; running thence east along the north lines of Land Lots 825 and 824 to the point of intersection of the north line of Land Lot 824 and the centerline of the right of way of Southern Railroad; running thence northeasterly along the city limits line of the City of Douglasville and the centerline of the right of way of Southern Railroad to a point in Land Lot 744, 18th District, 2nd Section; running thence northwesterly and northerly along the city limits line of the City to a point on the north line of Land Lot 735, 18th District, 2nd Section; running thence east
5142 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
along the north lines of Land Lots 735 and 734 to a point; running thence south along the city limits line of the City to the right of way of Southern Railroad; thence southwesterly along the centerline of the right of way of Southern Railroad to a point in the southwest corner of Land Lot 744, 18th District, 2nd Section; thence southerly, southeasterly, southerly, southwesterly, west, south, west and north along the city limits line of the City to a point on the District line that divides the 1st District, 5th Section of Douglas County, Georgia, from the 18th District, 2nd Section, of Douglas County, Georgia; running thence Southeasterly along said district line to the center of Cherokee Boulevard; running thence northerly along the centerline of Cherokee Boulevard to a point; running thence easterly to a point; running thence northerly to a point on the north line of Land Lot 905 of the 18th District, 2nd Section; running thence easterly along the north lines of Land Lots 905 and 904 to the northeast corner of Land Lot 904; running thence south along the west lines of Land Lots 903 and 909 to a point on the District Line dividing the 18th District, 2nd Section of Douglas County, Georgia, from the 1st District, 5th Section, Douglas County, Georgia; running thence northwesterly across the right of way of Interstate Highway 20 and along said District Line to the point of intersection of the northwestern side of right of way of Interstate Highway 20 and said District Line; running thence southwesterly along the northwestern side of the right of way of Interstate Highway 20 to the point of intersection of the northwestern side of the right of way of Interstate Highway 20 and the northern side of the right of way of Georgia State Highway 92; running thence westerly along the northern side of the right of way of Georgia State Highway 92 to the point of intersection of the northern side of the right of way of Georgia State Highway 92 and the centerline of Connally Drive; running thence northerly and northerwesterly along the centerline of the right of way of Connally Drive to a point where said Connally Drive if extended would intersect the right of way of Southern Railroad; running thence southwesterly along the centerline of the right of way of Southern Railroad to the point of intersection of the centerline of the right of way of Southern Railroad and the centerline of the right of way of Dallas Highway, a/k/a Georgia State Highway 92, and the point of beginning.
GEORGIA LAWS 1984 SESSION
5143
Ward 4
Beginning at the point of intersection of the centerline of South Flat Rock Road and the corporate limits of the City of Douglasville, which is also the Southern line of Land Lot 195 of the 2nd District and 5th Section of Douglas County, Georgia; run thence East along the corporate limits line of the City of Douglasville to the Southeast corner of Land Lot 195 of the 2nd District and 5th Section of Douglas County, Georgia; run thence Northerly and easterly along the corporate limits line of the City of Douglasville to the centerline of Cave Springs Road; run thence Northerly along the centerline of Cave Springs Road to the point of intersection of the centerline of Cave Springs Road and the original South land lot line of Land Lot 698 of the 1st District and 3rd Section, Douglas County, Georgia; run thence Easterly along the Northern corporate limits of the City of Douglasville to the point of intersection of the Northern corporate limits of the City of Douglasville and the centerline of Dallas Highway, also known as Georgia State Highway 92; run thence Southerly along the centerline of Dallas Highway, a/k/a Georgia State Highway 92 to the point of intersection of the centerline of Dallas Highway a/k/a Georgia State Highway 92 and the centerline of Upshaw Mill Road; run thence Northwesterly along the centerline of Upshaw Mill Road to the point of intersection of the centerline of Upshaw Mill Road and the centerline of Thompson Street; run thence Southeasterly along the centerline of Thompson Street to the point of intersection of the centerline of Thompson Street and the centerline of Dallas Highway a/k/a Georgia State Highway 92; run thence Southeasterly along the centerline of Dallas Highway, also known as Georgia State Highway 92, to the point of intersection of said highway right of way and the centerline of the right of way of the Southern Railroad; run thence Southwesterly along the centerline of the right of way of Southern Railroad to the point of intersection of the centerline of the right of way of Southern Railroad and the centerline of South Flat Rock Road; run thence Northwesterly, Northeasterly and Northwesterly to the point of intersection of the centerline of South Flat Rock Road and the corporate limits of the City of Douglasville and the point of beginning; save and except that portion of the described
5144 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
property which is not a part of the incorporated limits of the City of Douglasville.
Ward 5
All of the property within the city limits of the City of Douglasville which lies both south of the northern side of the right of way of Interstate Highway 20 and south of the southwesterly side of the right of way of Georgia State Highway 92. Save and except any portions of the described property which are not a part of the City of Douglasville."
Section 2. Said Act is further amended by striking Section 2.03 in its entirety and inserting in lieu thereof a new Section 2.03 to read as follows:
"Section 2.03. Election of Mayor and Councilmen. (a) The mayor and councilmen in office on April 1, 1984, shall continue to serve until their successors are duly elected and qualified as provided by law.
(b) An election shall be held annually in the city, at such place or places as may be designated by the mayor and council, on the first Wednesday in December. At the city election in 1984, councilmen shall be elected from Ward 1, Ward 2, Ward 3, and Ward 4. At the city election in 1985, a mayor, a councilman from Ward 5, and two councilmen from the city at large shall be elected. For the purpose of electing councilmen from the city at large, such positions shall be designated as `Councilman at Large, Post 1' and `Councilman at Large, Post 2.' Candidates seeking election as mayor or as a councilman at large may reside anywhere within the city and shall be elected by the electors of the entire city. Candidates seeking election as councilmen from a ward must reside within the ward from which they seek election and shall be voted upon by the electors residing within the ward. A person seeking election as mayor, councilman from a ward, or councilman at large must designate which position he seeks, and the candidate for each designated position who receives the majority of the votes cast for that position shall be elected."
Section 3. All laws and parts of laws in conflict with this Act are repealed.
GEORGIA LAWS 1984 SESSION
5145
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1984 session of the General Assembly of Georgia, a bill to amend an Act to create a new charter for the City of Douglasville, approved March 9,1972, (Ga. Laws 1972, p. 219) as amended, so as to change certain provisions relating to elections and election districts; to provide for other changes; to provide for all other matters relative to the foregoing and for other purposes.
This 31st day of January, 1984.
Mary Alice Wypasek City Clerk
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 date: February 2,1984.
/s/ Thomas M. Kilgore Representative, 42nd District
5146 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 8th day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 29,1984.
BOARD OF EDUCATION OF PAULDING COUNTY -- COMPOSITION OF EDUCATION DISTRICTS.
No. 1188 (House Bill No. 1587).
AN ACT
To amend an Act to provide for the election of the members of the Board of Education of Paulding County, approved March 21, 1968 (Ga. L. 1968, p. 2381), so as to provide for the composition of the 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 11 An Act to provide for the election of the members of the Board of Education of Paulding County, approved March 21,1968 (Ga. L. 1968, p. 2381), is amended by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows: "Section 1. (a) The Board of Education of Paulding County shall be composed of one member each from Education District Nos. 2 through 6 and two members from Education District No. 1. All members, however, shall be elected by the voters of the entire county. Any person in order to be eligible for membership on the board must
GEORGIA LAWS 1984 SESSION
5147
be registered and eligible to vote for members of the General Assembly from Paulding County, must have resided in Paulding County for at least one year immediately preceding the date of the election, and must reside in the district from which he offers as a candidate for at least six months immediately preceding the date of the election.
(b) For the purpose of electing the members of the Paulding County board of education, Paulding County is divided into six education districts:
District No. 1
BEGINNING at the intersection of the CL of Macland Road (formerly SR 360) and the CL of SR 120 (also U.S. 278); thence in an easterly direction along the CL of SR 120 to the intersection with the CL of County Road (CR) 19; thence in a southerly direction along the CL of CR 19 to the intersection with the CL of CR 344; thence in an easterly direction along the CL of CR 344 to the intersection of the CL of CR 365; thence in a westerly direction along the CL of CR 365 to the CL of the Right-of-way (RW) of the Seaboard Coastline Railway; thence in a westerly direction along the CL of the RW of the Seaboard Coastline Railway to its intersection with the CL of CR 341; thence in a westerly direction along the CL of CR 341 to the intersection of the CL of CR 327; thence in a southerly direction along the CL of CR 327 to the intersection of the CL of CR 326; thence in a southerly direction along the CL of CR 326 to the intersection of the CL of CR 329; thence in an easterly direction along the CL of CR 329 to the centerline of CR 472; thence in a westerly direction along the CL of CR 472 to the CL of CR 251; thence southerly along the CL of CR 251 to the CL of SR 61; thence southerly along the CL of SR 61 to intersection of CL of CR 260; thence westerly along the CL of CR 260 to CL of CR 255; thence northerly along the CL of CR 255 to the CL of Pumpkinvine Creek; thence northerly along the CL of Pumpkinvine Creek and Bluffy Creek to the CL of CR 468; thence northerly along the CL of CR 468 to CL of U.S. 278; thence westerly along the CL of U.S. 278 to the CL of CR 94; thence easterly along CL of CR 94 to CL of SR 61; thence south along CL of SR 61 to intersection of CL of CR 464; thence easterly along CL of CR 464 to intersection of CL of CR 61; thence easterly along CL of CR 61 to intersection of CL of SR 381; thence easterly along CL of SR 381 to intersection of CL of CR 399; thence south along CL of CR 399 to intersection of CL of Macland Road (formerly SR
5148 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
360); thence westerly along the CL of Macland Road to intersection of SR 120 (also U.S. 278) and the point of beginning.
District No. 2
BEGIN at the intersection of the CL of CR 269 and the eastern line of Paulding County, Georgia; thence westerly along the CL of CR 269 to intersection of CL of CR 316; thence northerly along the CL of CR 316 to the intersection with the CL of CR 9; thence easterly and northerly along the CL of CR 9 to the intersection of CL of SR 6; thence westerly along the CL of SR 6 to the intersection of the CL of CR 19; thence southerly along the CL of CR 19 to the intersection of the CL of CR 344; thence easterly along the CL of CR 344 to the intersection of the CL of CR 365; thence westerly along the CL of CR 365 to the first crossing of the CL of the RW of the Seaboard Coastline Railway; thence easterly along the CL of the RW of Seaboard Coastline Railway to the intersection of the City Limits of Hiram, Georgia; thence southerly along the Hiram City Limits to the intersection of the CL of CR 277; thence westerly along the CL of CR 277 to intersection of CR 313; thence southerly along the CL of CR 313 to the intersection of the CL of CR 314; thence southerly along the CL of CR 314 to intersection of the CL of CR 311; thence southerly along the CL of CR 311 to the intersection of the CL of Ridge Road (SR 61C); thence easterly along the CL of Ridge Road to intersection of CL of SR 92; thence southerly along the CL of SR 92 to intersection of CL of CR 283; thence easterly along the CL of CR 283 to the intersection of the CL of CR 155; thence easterly along the CL of CR 155 to Paulding County Line; thence northerly along Paulding County line to intersection of the CL of CR 269, being the point of beginning.
District No. 3
BEGIN at the intersection of the CL of CR 269 and the easterly line of Paulding County, Georgia; thence westerly along the CL of CR 269 to the intersection of the CL of CR 316; thence northerly along the CL of CR 316 to the intersection of the CL of CR 9; thence easterly and northerly along the CL of CR 9 to the intersection of SR 6 (U.S. 278); thence westerly along the CL of SR 6 to the intersection of the CL of Macland Road (Formerly SR 360); thence easterly along the CL of Macland Road to the intersection of the CL of CR 399; thence northerly along the CL of
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CR 399 to the intersection of SR 381; thence northerly along the intersection of SR 381 to the intersection of CL of CR 466; thence easterly along the CL of CR 466 to the easterly line of Paulding County, Georgia; thence southerly along the Paulding County Line to the intersection of the CL of CR 269, being the point of beginning.
District No. 4
BEGIN at the intersection of the easterly line of Paulding County, Georgia, and the CL of CR 155; thence westerly along the CL of CR 155 to the intersection of the CL of CR 283; thence westerly along the CL of CR 283 to the intersection of the CL of SR 92; thence northerly along the CL of SR 92 to the intersection of the CL of SR 61C (Ridge Road); thence westerly along the CL of Ridge Road to the intersection of the CL of CR 311; thence northerly along the CL of CR 311 to the intersection of the CL of CR 314; thence westerly along the CL of CR 314 to the intersection of the CL of CR 313; thence northerly along the CL of CR 313 to the intersection of the CL of CR 277; thence easterly along the CL of CR 277 to the intersection of the Hiram City Limits; thence northerly and westerly along Hiram City Limits to the intersection of the CL of the RW of the Seaboard Coastline Railway; thence westerly along the CL of the RW of the Seaboard Coastline Railway to the intersection of the CL of CR 341; thence westerly along the CL of CR 341 to the intersection of the CL of CR 327; thence southerly along the CL of CR 327 to the intersection of the CL of CR 326; thence southerly along the intersection of the CL of CR 326 to the intersection of the CL of CR 329; thence easterly along the CL of CR 329 to the intersection of the CL of CR 472; thence westerly along the CL of CR 472 to the intersection of the CL of CR 251; thence southerly along the CL of CR 251 to the intersection of the CL of CR 257; thence easterly along the CL of CR 257 to the intersection of the CL of CR 277; thence southerly along the intersection of CL of CR 277 to the intersection of the CL of CR 282; thence southerly along the CL of CR 282 to the CL of SR 61C (Ridge Road); thence easterly along the CL of Ridge Road to the intersection of the CL of CR 267; thence southerly along the CL of CR 267 to the Paulding-Douglas County Line; thence easterly along the Paulding-Douglas County Line to the point where the Paulding-Douglas County Line turns north; thence northerly along said County Line to the intersection of the CL of CR 155, and the point of beginning.
5150 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
District No. 5
BEGINNING at the intersection of the CL of CR 267 and the Paulding-Douglas County line; thence northerly along the CL of CR 267 to the intersection of the CL of SR 61C (Ridge Road); thence westerly along the CL of Ridge Road to the intersection of the CL of CR 282; thence northerly along the CL of CR 282 to the intersection of the CL of CR 277; thence easterly along the intersection of CL of CR 277 to the intersection of the CL of CR 257; thence westerly along the CL of CR 257 to the intersection of the CL of CR 251; thence northerly along CL of CR 251 to the intersection of the CL of SR 61; thence southerly along the CL of SR 61 to the intersection of the CL of CR 260; thence southerly along the CL of CR 260 to the intersection of the CL of CR 255; thence northerly along the CL of CR 255 to the intersection of the CL of Pumpkinvine Creek; thence northerly along the CL of Pumpkinvine Creek and Bluffy Creek to the intersection of the CL of CR 468; thence northerly along the CL of CR 468 to the intersection of U.S. 278; thence westerly along the CL of U.S. 278 to intersection of the CL of CR 142; thence westerly along the CL of CR 142 to the intersection of the CL of CR 136; thence northerly along the CL of CR 136 to intersection of the CL of CR 470; thence westerly along the CL of CR 470 to the Paulding-Polk County Line; thence southerly along the Paulding-Polk County Line to the Paulding-Haralson County Line; thence easterly and southerly along the Paulding County-Haralson County Line to the Paulding-Carroll County Line; thence easterly along the Paulding-Carroll County Line to the Paulding-Douglas County Line; thence easterly along the Paulding-Douglas County Line to the intersection of the CL of CR 267, being the point of beginning.
District No. 6
BEGIN at the intersection of the CL of CR 470 and the Paulding-Polk County Line; thence easterly along the CL of CR 470 to the intersection of the CL of CR 136; thence southerly along the CL of CR 136 to the CL of CR 142; thence easterly along the CL of CR 142 to the intersection of the CL of U.S. 278; thence easterly along the CL of U.S. 278 to the intersection of the CL of CR 94; thence easterly along the CL of CR 94 to the intersection of the CL of SR 61; thence southerly along the CL of SR 61 to the intersection of the CL of CR 464; thence easterly and northerly along the CL of CR 464 to the intersection of the CL of CR 61;
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thence easterly along the CL of CR 61 to the intersection of SR 381; thence easterly along the CL of SR 381 to the intersection of the CL of CR 466; thence easterly along the CL of CR 466 to the Paulding-Cobb County line; thence northerly along the PauldingCobb County line to the Paulding-Bartow County line; thence northerly and westerly along the Paulding-Bartow County line to the Paulding-Polk County line; thence southerly and westerly along the Paulding-Polk County line to the intersection of the centerline of CR 470, and the point of beginning.
(c) As used in this section, the abbreviations CL shall mean centerline, CR shall mean County Road, SR shall mean State Route, and RW shall mean Right-of-way."
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. Members of the board who are in office on April 1, 1984, shall continue in office, unless otherwise removed, until the expiration of the term of office for which they were elected. At the general election in 1984, and every four years thereafter, the board members from Education District Nos. 1, 3, and 4 shall be elected to terms of four years each and until their successors are elected and qualified. At the general election in 1986, and every four years thereafter, the board members from Education District Nos. 2,5, and 6 shall be elected to terms of four years each and until their successors are elected and qualified. All members so elected shall take office on the first day of January following their election."
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 1984 Session of the General Assembly of Georgia an Act to amend an Act creating the Paulding County Board of Education, approved March 21,1968 (Ga. Law 1968, Page 2381), and for other purposes.
5152 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
L. Charles Watts Representative
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charlie Watts, who, on oath, deposes and says that he is Representative from the 41st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Dallas New Era which is the official organ of Paulding County, on the following date: January 19,1984.
/s/ Charlie Watts Representative, 41st District
Sworn to and subscribed before me, this 9th day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 29,1984.
CITY OF WHIGHAM -- NEW CHARTER. No. 1189 (House Bill No. 1612). AN ACT
To provide a new charter for the City of Whigham, Georgia; to
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provide for the incorporation, powers, and boundaries of such city; to provide for the governing authority; to provide for the mayor and city council; to provide for administration; to provide for a recorder's court of such city; 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 general provisions; to provide for other matters relative thereto; to provide for specific repeal; to provide for severability; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
ARTICLE I INCORPORATION, BOUNDARIES, POWERS
Section 1.10. Section 1.11. Section 1.12. Section 1.13. Section 1.14.
Incorporation Corporate boundaries Powers and construction Exercise of powers Sale of city owned utilities, vote required
Section 1.10. Incorporation. This Act shall constitute the whole charter of the City of Whigham, repealing and replacing the charter provided by Acts of the General Assembly, Georgia Laws 1953, p. 2413. The City of Whigham, Georgia, in the County of Grady, and the inhabitants thereof are hereby constituted and declared a body politic and corporate under the same name and style of Whigham, Georgia, and by that name shall have perpetual succession, may sue and be sued, plead and be impleaded, in all the courts of law and equity, and in all actions whatsoever, and may have and use a common seal and change it at pleasure.
Section 1.11. Corporate boundaries, (a) The boundaries of this city shall be those existing immediately prior to the effective date of this charter with such alteration as may be made from time to time in the manner provided by law. The current boundaries of the City of Whigham, 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 Whigham, Georgia." Alteration in these boundaries shall be indicated
5154 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 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, but such earlier maps shall be retained in the office of the city clerk.
Section 1.12. Powers and construction, (a) This city shall have all powers possible for a city to have under the present or future Constitution and laws of this state as fully and completely as though they were specifically enumerated in this charter.
(b) The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this city.
Section 1.13. Exercise of powers. All powers, functions, rights, privileges, and immunities in the city, its officers, agencies, or employees shall be carried into execution as provided by this charter. If this charter makes no provisions, 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.
Section 1.14. Sale of city owned utilities, vote required, (a) No contract for the sale, lease, or other disposal of the system of waterworks or electrical system owned by the City of Whigham shall be entered into, granted, renewed, or extended between the City of Whigham 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.
(b) The general and special municipal election shall not be held in connection with or upon the same day as any state, county, or federal election or primary.
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ARTICLE II GOVERNING BODY
Section 2.10. Section 2.11. Section 2.12.
Section 2.13. Section 2.14. Section 2.15. Section 2.16. Section 2.17. Section 2.18. Section 2.19. Section 2.20. Section 2.21. Section 2.22. Section 2.23. Section 2.24. Section 2.25. Section 2.26. Section 2.27.
City council Term and qualifications of office Vacancy, forfeiture of office, filling
of vacancy Compensation of mayor and council Prohibitions Inquiries and investigations General power and authority of the council Chief executive officer Duties of mayor Mayor pro tempore Organizational meeting Regular and special meetings Rules of procedure Quorum, voting Action requiring an ordinance Mayor's veto, overriding veto Codes of technical regulations Signing, authenticating, recording,
codification, printing
Section 2.10. City council. The legislative authority of the government of the City of Whigham, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and five councilmen. The mayor and councilmen shall be elected in the manner provided by Article V of this charter.
Section 2.11. Term and qualifications of office. The members of the council shall serve for two years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilman unless he:
(1) Has been a resident of the city for a period of two years immediately prior to the date of the election of mayor or councilman;
(2) Continues to reside within the city during his period of service;
5156 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(3) Is registered and qualified to vote in municipal elections of the City of Whigham;
(4) Shall have attained the age of 21 years; and
(5) Meets any other requirements as may be established by general state law.
Section 2.12. Vacancy, forfeiture of office, filling of vacancy, (a) The office of mayor or councilman shall become vacant upon the incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized by the laws of the State of Georgia.
(b) The mayor or any councilman shall forfeit his office if he:
(1) Lacks at any time during his term of office any qualification 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 or any crime punishable as a felony.
(c) A vacancy in the office of mayor or councilman shall be filled for the remainder of the unexpired term, if any, as provided by Article V.
Section 2.13. Compensation of mayor and council. The compensation to be received by any mayor or councilman of the City of Whigham shall be fixed by the mayor and council holding office prior to the election; and the compensation of any mayor or councilman shall not be increased or decreased during the particular term for which they are elected. The mayor and council shall have the power to fix the salary or compensation for their successors in office; however, councilmen elected or appointed for the same term of office, in the event of a vacancy, shall receive the same compensation. Any mayor or councilman who is reelected to serve a subsequent term in office shall not be barred from receiving a different compensation or salary because of his participation in the action of the previous mayor and council which provided for such change in compensation; provided, however, the present mayor and councilmen, until their pres-
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ent terms expire or until their successors shall have been elected and qualified, shall receive the same compensation as they received at the time of commencement of their present term of office.
Section 2.14. Prohibitions, (a) Except as authorized by law, no member of the council shall hold any other elected city office or other city employment during the term for which he was elected.
(b) Neither the mayor nor any councilman 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 this charter, the council shall be vested with all the powers of government of the City of Whigham as provided by the Constitution and laws of the State of Georgia and 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 execution of such ordinances, resolutions, rules, and regulations, not inconsistent with this charter, the Constitution, and the laws of the State of Georgia, which it shall deem necessary, expedient, or helpful for the peace, good order, protection of life and property, health, welfare, sanitation, comfort, convenience, prosperity, or well-being of the inhabitants of the City of Whigham and may enforce such ordinances by imposing penalties for violation thereof.
Section 2.17. Chief executive officer. The mayor shall be the chief executive officer of the City of Whigham. 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 2.18. Duties of mayor. As the chief executive of the City of Whigham, the mayor shall:
5158 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(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 sign all other contracts and instruments executed by the city which by law are required to be in writing;
(5) See that all laws and ordinances of the city are faithfully executed;
(6) Exercise supervision over all executive and administrative work of the city and provide for the coordination of administrative activities;
(7) Prepare and submit to the council a recommended annual operating budget and recommended capital budget;
(8) Submit to the council, at least once a year, a statement covering the financial condition of the city and, from time to time, such other information as the council may request;
(9) 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;
(10) Call special meetings of the council as provided for in subsection (b) of Section 2.21 of this charter;
(11) Examine and audit all accounts of the city before payment;
(12) Require any department or agency of the city to submit written reports in connection with the affairs thereof whenever he deems it expedient;
(13) Suspend any appointed city employee or officer for cause, said suspension to be in effect until the next meeting of the council wherein the question of the employee's or officer's continued employment shall be decided by the council;
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(14) Vote only in case of a tie among the councilmen;
(15) Exercise the veto power as hereinafter set out; and
(16) Perform other duties as may be required by law, this charter, or ordinance.
Section 2.19. 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 reason, any one of the councilmen chosen by the council, shall be clothed with all the rights and privileges of the mayor and shall perform the duties of the office of the mayor so long as such absence or disability shall continue.
Section 2.20. Organizational meeting. The council shall meet for organization at the first regular meeting in September. By majority vote of all the members thereof, the council shall elect one of its members to be mayor pro tempore. The mayor pro tempore shall serve for a term of two years and until his successor is elected and qualified.
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 three members of the council. Notice of such special meetings shall be served on all other members personally, or by telephone personally, or shall be left at their residence in advance of the meeting. Such notice shall not be required if the mayor and all councilmen are present when the special meeting is called. Notice of any special meeting may be waived in writing before or after such meeting and attendance at the meeting shall constitute a waiver of notice. Only the business stated in the call may be transacted at the special meeting, except by unanimous consent of all members present. With such consent any business which may be transacted at a regular meeting may be conducted at the special meeting.
(c) All meetings of the council at which official actions are to be taken shall be public, except as otherwise authorized by the Constitution and laws of the State of Georgia.
5160 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2.22. Rules of procedure. The council shall adopt its rules of procedure and order of business consistent with the 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 in the absence of the mayor, the mayor pro tempore and at least three other councilmen shall constitute a quorum for the transaction of any business of said city, and the majority of votes cast shall determine all questions before the governing authority. The mayor or mayor pro tempore, if he is presiding, shall vote only in case of a tie. The mayor shall have the right to veto any ordinance, resolution, rule, or regulation passed or adopted by the council, if in his judgment such ordinance, rule, resolution, or regulation is not for the best interest of the city. In the event of a veto, then such ordinance, resolution, or regulation shall not be valid unless passed at a subsequent regular meeting of the mayor and council as hereinafter provided.
Section 2.24. Action requiring an ordinance, (a) Except as herein provided, every official action of the council which is to become law shall be by ordinance. Each proposed ordinance or resolution shall be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be "The Council of the City of Whigham 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 2.25. Mayor's veto, overriding veto. Every ordinance or resolution adopted by the council shall be certified by the city clerk and presented to the mayor, or in his absence the mayor pro tempore, immediately following its adoption. The mayor, or in his absence the mayor pro tempore, shall approve or veto the ordinance or resolution by the close of the next business day after adoption, and no ordinance or resolution shall become effective without his approval except as herein provided. If the mayor, or mayor pro tempore, vetoes an ordinance or resolution, he shall, by the close of the next business day, return it to the city clerk accompanied by a written statement of the reasons for his veto. If the council shall pass the ordinance or resolution by a vote of three of its members at the regular meeting
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next held after the ordinance or resolution has been returned with the mayor's veto, it shall become law without his approval. In the event the mayor does not approve or veto the ordinance or resolution within the time required, it shall become law without his approval.
Section 2.26. Codes of technical regulations. The council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedures and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the clerk pursuant to Section 2.27 of this charter.
Section 2.27. Signing, authenticating, recording, codification, printing, (a) The city clerk shall authenticate by his or her signature and record in full, in a properly indexed book, kept for that purpose, all ordinances adopted by the council.
(b) The council shall provide for the preparation of a general codification of all of the ordinances of the city having the force and effect of law. The general codification shall be adopted by the council by ordinance and shall be published promptly, together with all amendments thereto, with this charter and any amendment thereto, and such codes of technical regulations and other rules and regulations as the city council may specify. This compilation shall be known and cited officially as "The Code of the City of Whigham, Georgia." Copies of the code shall be furnished to all officers, departments, and agencies of the city and made available for purchase by the public at a reasonable price as fixed by the council.
(c) The council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption. Following publication of the first code of the City of Whigham 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.
5162 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ARTICLE III ADMINISTRATION
Section 3.10. Section 3.11. Section 3.12. Section 3.13. Section 3.14. Section 3.15. Section 3.16. Section 3.17. Section 3.18. Section 3.19.
Administrative and service departments Boards, commissions, and authorities City manager City attorney City clerk City tax collector City accountant Consolidation of functions Position classification and pay plan Personnel policies
Section 3.10. Administrative and service departments, (a) The council by ordinance may establish, abolish, merge, or consolidate offices, positions of employment, departments, and agencies of the city, as it shall deem necessary for the proper administration of the affairs and government of the city. The council shall prescribe the functions and duties of existing departments, offices, and agencies or of any departments, offices, and agencies hereinafter created or established; 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 department shall consist of such officers, employees, and positions as may be provided by this charter or by ordinance and shall be subject to the general supervision and guidance of the mayor and councilmen.
(c) Except as otherwise provided by this charter, the directors of departments and other officers of the city shall serve at the pleasure of the city council. Vacancies occurring in an appointive office shall be filled in the same manner as prescribed in this charter for an original appointment or as provided by ordinance.
(d) Except as otherwise provided by law, the directors of departments and other appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications.
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(e) All appointive officers and directors of departments shall receive such compensation as prescribed by ordinance.
Section 3.11. Boards, commissions, and authorities, (a) All members of boards, commissions, and authorities shall be appointed by the council for such terms of office and in such manner as provided by ordinance except where other appointing authority, term of office, or manner of appointment is prescribed by this charter or by applicable state law.
(b) Any vacancy in office of any member of a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed herein for original appointment, except as otherwise provided by this charter by general state law, or by ordinance.
(c) No member of any board, commission, or authority shall assume office until he shall have executed and filed with the clerk of the city an oath obligating himself to perform faithfully and impartially the duties of his office, such oath to be prescribed by ordinance and administered by the mayor.
(d) Any member of a board, commission, or authority may be removed from office with or without cause by a vote of three members of the council.
(e) Members of boards, commissions, and authorities may receive such compensation and expenses in the performance of their official duties as prescribed by ordinance.
(f) The qualification required of members of boards, commissions, and authorities shall be as prescribed by the council.
(g) Except as otherwise provided by this charter or by applicable state law, each board, commission, or authority of the city government shall elect one of its members as chairman and one member as vice-chairman for terms of one year and may elect as its secretary one of its own members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations, not inconsistent with this charter, ordinances of the city or applicable state law, as it deems appropriate and necessary for the conduct of its affairs, copies of which shall be filed with the city clerk, and become effective only upon approval of the same by the city council.
5164 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 may appoint a city attorney, together with such assistant city attorneys as may be authorized by ordinance and shall provide for the payment of such attorney or attorneys for services rendered to the city. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party; may be the prosecuting officer in the recorder's court; shall attend the meetings of the council as directed; shall advise the councilmen, mayor, and other officers and employees of the city concerning legal aspects of the city's affairs; and shall perform such other duties as may be required of him by virtue of his position as city attorney.
Section 3.14. 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; to administer the oath of office to newly elected city officials including the mayor and councilmen; and to perform such other duties as may be required by law or as the council may direct.
Section 3.15. City tax collector. The council may appoint a city tax collector to collect all taxes, license fees, fines, and other moneys 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 the State of Georgia relating to the collection, sale, or foreclosure for 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.
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Section 3.18. Position classification and pay plan. The council may prepare and approve a position classification and pay plan. Said plans may apply to all employees of the City of Whigham and to any of its agencies and offices, as the council may direct.
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 layoff shall be effected; and
(4) Such other personnel policies as may be necessary to provide for adequate and systematic management of the personnel of the City of Whigham.
ARTICLE IV RECORDER'S COURT
Section 4.10. Section 4.11. Section 4.12. Section 4.13. Section 4.14. Section 4.15.
Creation of recorder's court Judge Convening Jurisdiction, powers Appeal Rules for court
Section 4.10. Creation of recorder's court. There is hereby established a court to be known as recorder's court of the City of Whigham 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. Judge, (a) No person shall be qualified or eligible to serve as judge unless he shall have attained the age of 21. The judge shall be appointed by the council and shall serve at the discretion of the council. The compensation of the judge shall be fixed by the council.
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(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. The recorder's court of the City of Whigham shall be convened at such times as designated by the judge.
Section 4.13. Jurisdiction; powers, (a) The recorder's court shall try and punish for crimes against the City of Whigham and for violation of its ordinances. The recorder's court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $200.00 or 20 days in jail. The recorder's court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment for 12 months, or both. As an alternative to fine or imprisonment, the court may sentence any offender upon conviction to labor in a city work gang or on the streets, sidewalks, squares, or other public works for a period not exceeding 90 days.
(b) The recorder's court shall have the authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the costs of meals, transportation, and caretaking of prisoners bound over to superior courts for violations of state law, and similar expenses incurred by the city for prisoners incarcerated in the county correctional facility as a result of other recorder's court adjudications.
(c) The recorder's 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 or personal property or real property as surety for appearance of persons charged with violations. Whenever any person shall give bail for his appearance and shall fail to appear at the time fixed for trial, his bond shall be forfeited by the judge presiding at such time and an execution issued thereon by serving the defendant and his sureties with a rule nisi at least 90 days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond
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for security for the appearance of a defendant at trial and such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be, on order of the judge, forfeited to the City of Whigham 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 recorder's court shall have the authority to bind prisoners over to the appropriate court when it appears by probable cause that a state law has been violated.
(e) The recorder's court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgements, and sentences; and to administer such oaths as are necessary.
(f) The recorder's court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summons, subpoena, and warrants which may be served and executed by an officer as authorized by this charter or by state law.
(g) The recorder's court is specifically vested with the jurisdiction and power throughout the entire area of the City of Whigham granted by state laws generally to municipal, recorder's, and police courts and particularly by such laws as authorize an abatement of nuisances.
(h) The judge and any judge pro tempore of the recorder's court shall have the authority of a magistrate 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 judge or judge pro tempore shall not act as judge in any proceeding involving an offense by a person for whom the judge or judge pro tempore, respectively, issued an arrest warrant in connection with that offense.
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 Grady County from the recorder's court shall lie in the same manner and under the same procedure as generally prescribed for appeals and appeal bonds from the probate court, provided that any person who fails to file an appeal within ten days of the date of his conviction shall
5168 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
be deemed to have waived any such right. An appeal to the superior court shall be a de novo proceeding.
Section 4.15. Rules for court. With the approval of the council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the recorder's court; provided, however, that the council may adopt in part or in toto the rules and regulations relative to the procedure of the operation of the superior court under the general laws of the State of Georgia. The rules and regulations made or adopted for said court shall be filed with the city clerk and shall be available for public inspection. Upon request, a copy shall be furnished to all defendants in recorder's court proceedings at least 48 hours prior to said proceedings, provided an official request has been made by the defendant at least 48 hours prior to the scheduled proceedings.
ARTICLE V ELECTIONS
Section 5.10. Section 5.11.
Section 5.12. Section 5.13.
Regular election, oaths of office Qualifying, nomination of candidates, absentee
Ballots Applicability of general laws Vacancies in council
Section 5.10. Regular election, oaths of office, (a) On the first Tuesday in September of 1984, and on said date biennially thereafter, there shall be an election for the office of mayor and five council posts, now held by Evan Shockley, Cecil Gibbs, Sr., Curt VanLandingham, Randy Fowler, Wilma Brinson, and George C. Trulock, Jr. The terms of their respective offices shall be for two years and their terms shall begin at the day and hour of the taking of the oath of office.
(b) The oath of office shall be administered immediately following the election at a time and place to be prescribed by the mayorelect. The oath shall be as follows:
"I do solemnly swear that I will well and truly perform the duties of mayor (or councilman as the case may be) of the City of Whigham and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America. So help me God."
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Section 5.11. Qualifying, nomination of candidates, absentee ballots. The council may by ordinance prescribe rules and regulations governing qualifying fees, nomination of candidates, absentee ballots, write-in votes, challenge of votes, and such other rules and regulations as may be necessary for the conduct of elections in the City of Whigham.
Section 5.12. Applicability of general laws. The procedures and requirements for election of all elected officials of the City of Whigham as to primary, special, or general elections shall be in conformity with the provisions of Chapter 3 of Title 21 of the O.C.G.A., the Georgia Municipal Election Code, (Ga. L. 1968, p. 885) as now or hereafter amended.
Section 5.13. Vacancies in council. In the event that the office of mayor or councilman shall become vacant for any cause whatsoever, said vacancy in office shall be filled by appointment by the remaining members of the council; provided, however, that only a councilman may be appointed as mayor.
ARTICLE VI FINANCE
Section 6.10. Property taxes
Section 6.11. Tax levy
Section 6.12. Tax due date and tax bills
Section 6.13. Collection of delinquent taxes
Section 6.14. Licenses, occupational taxes, excise taxes
Section 6.15. Sewer service charges
Section 6.16. Sanitary and health services charge
Section 6.17. Special assessments
Section 6.18. Transfer of executions
Section 6.19. General obligation bonds
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Section 6.20. Revenue bonds
Section 6.21. Short-term notes
Section 6.22. Fiscal year
Section 6.23. Preparation of budgets
Section 6.24. Additional appropriations
Section 6.25. Contracting procedures
Section 6.26. Centralized purchasing
Section 6.10. Property taxes. All property subject to taxation for state or county purposes, assessed as of January 1 of each year, shall be subject to the property tax levied by the City of Whigham. 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 governmental services, and for any other public purpose as determined by the council. The council is also authorized to provide for sufficient levy to pay principal and interest on general obligations.
Section 6.12. Tax due date and tax bills. The council shall provide by ordinance when the taxes of the city shall fall due, in what length of time said taxes may be paid, that 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 voluntary payment of taxes prior to the time when due.
Section 6.13. Collection of delinquent taxes. The council may provide by ordinance for the collection of delinquent taxes by fi. fa. issued by the city clerk and executed by any police officer of the city under the same procedure provided by the laws governing execution of such process from the superior court, or by the use of any other available legal processes and remedies. A lien shall exist against all property upon which city property taxes are levied as of the assess-
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ment date of each year, which lien shall be superior to all other liens except that it shall have equal dignity with those of federal, state, or county taxes. In cases of hardship, the council shall have 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 6.14. Licenses, occupational taxes, excise taxes. The council shall have full power to levy by ordinance such license and specific or occupation taxes upon the residents of the City of Whigham, both individual and corporate, and on all those 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 way which may be lawful; to require such persons to procure licenses; to compel the payment of such licenses by execution or any other lawful manner; 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 6.15. Sewer service charges. The council by ordinance shall have the right, power, and authority to assess and collect fees, charges, and tolls for sewer services rendered both within and without the corporate limits of the City of Whigham to provide for the cost and expense of furnishing the collection and disposal of sewage through the sewerage facilities of said city. If unpaid, said sewer service charge shall constitute a lien against any property served by the sewerage facilities of said city. Such lien shall be second in priority only to liens for county and city property taxes and shall be enforceable in the same manner and under the same remedies as a lien for city property taxes.
Section 6.16. Sanitary and health services charge. The council shall have authority by ordinance to provide for, enforce, levy, and collect the cost of sanitary and health services necessary in the operation of the city from all individuals, firms, and corporations, residing or doing business in the City of Whigham 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
5172 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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.
Section 6.17. Special assessments. The council shall have power and authority to assess all or part of the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutter, sewer, or other utility main and appurtenance, against the abutting property owners under such terms and conditions as may be prescribed by ordinance. Such special assessments shall become delinquent 30 days after their due dates, shall thereupon be subject, in addition to fi. fa. charges to a penalty of 10 percent and shall thereafter be subject to interest at the rate of 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 6.18. Transfer of executions. The city clerk shall be authorized to assign or transfer any fi. fa. or execution issued for any tax or for any street, sewer, or other assessment in the same manner and to the same extent as provided by Georgia law regarding sales and transfers of tax fi. fas. Such transfer or assignment, when made, shall vest the purchaser or transferee with all right, title, and interest as provided by Georgia law governing sales and transfers of tax fi. fas., provided that, upon levy of execution and sale of property pursuant to such fi. fa., whether assigned, transferred, or executed by the city, the owner of such property in fee simple or lesser interest shall not have lost his right to redeem the property in accordance with the requirements of redemption of property sold under state or county ad valorem tax fi. fa., as said requirements now exist or as may be hereafter 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 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.
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Section 6.20. Revenue bonds. Revenue bonds may be issued by the council as provided by an Act of the General Assembly of Georgia, Article 3 of Chapter 82 of Title 36 of the O.C.G.A., known as the Revenue Bond Law (Ga. L. 1937, p. 761), as now or hereafter amended, or by any other Georgia laws, 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 of each year.
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 and reporting of each and every office, department, institution, agency, and activity of the city government, unless otherwise provided by state or federal law.
Section 6.23. Preparation of budgets. The council shall provide by ordinance the procedures and requirements for the preparation and execution of an annual operating budget, including requirements as to scope, content, and form of such budgets and programs.
Section 6.24. Additional appropriations. The council may make appropriations in addition to those contained in the current operating budget at any regular or special meeting called for such purpose.
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 may by ordinance prescribe procedures for a system of centralized purchasing for the City of Whigham.
(b) The council may sell and convey any real or personal property owned or held by the City of Whigham for governmental or other purposes at a public sale, with 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.
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(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 ways 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
Section 7.11. Existing ordinances and regulations
Section 7.12. Pending matters
Section 7.13. Section captions
Section 7.14. Penalties
Section 7.15. Specific repealer
Section 7.16. Severability
Section 7.17. Effective date
Section 7.18. Repealer
Section 7.10. Official bonds. The officers and employees, both elected and appointed, of the City of Whigham shall execute such official bonds in such amount and upon such terms and conditions as the city council may from time to time require.
Section 7.11. Existing ordinances and regulations. Existing ordinances, resolutions, rules, and regulations of the City of Whigham not inconsistent with the provisions of this charter shall continue in
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effect until they have been repealed, modified, or amended by the council. Existing rules and regulations of departments or agencies of the City of Whigham 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 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 Whigham shall continue, and any such ongoing work or cases shall be dealt with by such city agencies, personnel, or officers as may be provided by the city council.
Section 7.13. Section captions. The captions to the several sections of this charter are informative only and are not to be considered as a part hereof.
Section 7.14. Penalties. The violation of any provision 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 $1,000.00 or by imprisonment not to exceed 12 months or by both such fine and imprisonment.
Section 7.15. Specific repealer. Georgia Laws 1953, pp. 24132455 inclusive, incorporating the City of Whigham in the County of Grady, is hereby repealed in its entirety and all amendatory Acts thereto are likewise repealed in their entirety.
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 or parts held to be invalid or unconstitutional, it being the legislative intent in enacting this charter that each article, section, subsection, paragraph, sentence, or part thereof be enacted separately and independently of each other.
Section 7.17. Effective date. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
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Section 7.18. 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 1984 Session of the General Assembly of Georgia, Local Legislation in the form of a Bill to Create a new Charter for the City of Whigham and to repeal the former Charter; and for other purposes.
This 7th day of February, 1984.
Evan Shockley Mayor, City of Whigham
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 Legislation was published in the Cairo Messenger which is the official organ of Grady County, on the following date: February 10,1984.
/s/ Bobby Long Representative, 142nd District
GEORGIA LAWS 1984 SESSION
Sworn to and subscribed before me, this 13th day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 29,1984.
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BOARD OF COMMISSIONERS OF JONES COUNTY -- MEMBERSHIP RECONSTITUTED, ETC.
No. 1190 (House Bill No. 1404).
AN ACT
To amend an Act creating the board of commissioners of Jones County, approved March 5,1974 (Ga. L. 1974, p. 2162), as amended, so as to reconstitute the membership of the board; to provide for the election and qualifications of the chairman and other members of the board; to provide for filling vacancies; to provide for a vice chairman; to provide for the compensation of the chairman and other members of the board; to provide for fiscal procedures; to provide for submission of this Act under the federal Voting Rights Act of 1965; 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 board of commissioners of Jones County, approved March 5,1974 (Ga. L. 1974, p. 2162), as amended, is amended by striking Section 4 and inserting in its place a new section to read as follows:
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"Section 4. (a) The board of commissioners of Jones County shall be composed of a chairman and four other members.
(b) The chairman may reside anywhere within Jones County and shall be elected by the voters of the entire county. Each other member must be a resident of the district the member represents and shall be elected by only the voters of that district. All elections shall be by majority vote.
(c) For purposes of electing the members of the board, Jones County is divided into four commissioner districts as follows:
Commissioner District No. 1: Commencing at a point on the centerline of a four-lane highway known as the Macon-Gray Highway (U. S. 129 and State Highways 11 and 22) where said point intersects with the Jones-Bibb County Line and from said beginning point continuing in a northeasterly direction along said four-lane highway until the centerline of the four-lane highway intersects with the centerline of Greene Settlement Road and a road known as the Old Macon Road or Old Clinton Road; thence turning left onto the Old Macon Highway (Old Clinton Road) following said road until the centerline of said road intersects with the City Limits of Gray; thence turning left and following the City of Gray limits until said City Limits intersect the centerline of State Highway 11 (commonly known as the Monticello Highway); thence turning left and proceeding along the centerline of State Highway 11 in a northerly direction until the centerline of State Highway 11 intersects with the centerline of Campbell Spur; thence turning right on the centerline of Campbell Spur and proceeding along the centerline of Campbell Spur until the centerline of Campbell Spur intersects with Hungerford Road; thence turning left and following the centerline of Hungerford Road until said centerline intersects with an unnamed dirt road designated as P-332 according to a map of Jones County prepared by the State of Georgia Department of Transportation; thence turning left onto said unnamed dirt road and continuing along the centerline of said unnamed dirt road until said unnamed dirt road intersects the Jones-Putnam County Line; thence turning left in a westerly direction and following the Jones County boundary line until reaching the said point of beginning where the Macon-Gray fourlane highway centerline intersects the Jones-Bibb County Line.
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Commissioner District No. 1 is comprised of all of the property contained within the boundaries specified above.
Commissioner District No. 2: Commencing at a point on the centerline of State Highway 49 where said point intersects with the Jones-Baldwin County Line and from said beginning point continuing in a Southwesterly direction along said State Highway 49 until the centerline of State Highway 49 intersects with the centerline of State Highway 18; thence turning right and continuing along State Highway 18 to a point where the centerline of State Highway 18 intersects the centerline of a dirt road known as Morton Road; thence turning right and continuing along Morton Road until the centerline of Morton Road intersects with the centerline of Ballfield Road; thence turning right and continuing along Ballfield Road until reaching a point where the centerline of Ballfield Road intersects with the centerline of Nathan Roberts Road; thence turning left and continuing along Nathan Roberts Road until reaching a point where the centerline of Nathan Roberts Road intersects with the centerline of Altman Road; thence turning left and continuing along Altman Road until reaching a point where the centerline of Altman Road intersects with the centerline of State Highway 22 (known as the Milledgeville Highway); thence turning left and continuing along State Highway 22 into the City of Gray until reaching a point where the centerline of State Highway 22 (at that point known as Clinton Street) intersects with the centerline of a road that is known as the Old Macon Highway or Old Clinton Road; thence turning right and proceeding along the Old Macon Road (Old Clinton Road) until reaching a point where the centerline of said road intersects with the City of Gray Limits; thence turning right and following the City of Gray Limits in a northeasterly direction until said City Limits intersect the centerline of State Highway 11 (known as the Monticello Highway); thence turning left and continuing along centerline of State Highway 11 in a northerly direction until reaching a point where the centerline of State Highway 11 intersects the centerline of Campbell Spur; thence turning right and continuing along Campbell Spur until reaching a point where the centerline of Campbell Spur intersects with the centerline of Hungerford Road; thence turning left and continuing along Hungerford Road until reaching a point just past Damascus Church where the centerline of Hungerford intersects with the centerline of an unnamed dirt road designated as Road No. P-332 according to a map of Jones County prepared by the State of
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Georgia Department of Transportation; thence turning left on said unnamed road and continuing along said unnamed road until the centerline of said unnamed road intersects with the JonesPutnam County Line; thence turning right in an easterly direction and following the Jones County boundary line until reaching said point of beginning on State Highway 49 where the centerline of State Highway 49 intersects with the Jones-Baldwin County Line.
Commissioner District No. 2 is comprised of all of the property contained within the boundaries specified above.
Commissioner District No. 3: Commencing at a point on the centerline of State Highway 49 where said point intersects with the Jones-Baldwin County Line and from said beginning point continuing in a Southwesterly direction along State Highway 49 until reaching a point where the centerline of State Highway 49 intersects with the centerline of State Highway 18; thence turning right and following State Highway 18 until reaching a point where the centerline of State Highway 18 intersects with the centerline of Morton Road; thence turning right and continuing along Morton Road until reaching a point where the centerline of Morton Road intersects with the centerline of Ballfield Road; thence turning right and continuing along Ballfield Road until reaching a point where the centerline of Ballfield Road intersects with the centerline of Nathan Roberts Road; thence turning left and continuing along Nathan Roberts Road until reaching a point where the centerline of Nathan Roberts Road intersects with the centerline of Altman Road; thence turning left and continuing along Altman Road until reaching a point where the centerline of Altman Road intersects with the centerline of State Highway 22 (known as the Milledgeville Highway); thence turning left and continuing along State Highway 22 into Gray until reaching a point where the centerline of State Highway 22 (known at that point as Clinton Street) intersects with the centerline of the road known as the Old Macon Highway or Old Clinton Road; thence turning right and continuing along the Old Macon Highway (Old Clinton Road) until reaching a point where the centerline of said road intersects with Greene Settlement Road and the four-lane highway known as the Macon-Gray Highway (U. S. 129 and State Highways 11 and 22); thence turning right and continuing along the centerline of said four-lane highway until reaching a point where the centerline of the four-lane highway intersects with the centerline of Joycliff Road; thence
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turning left and continuing along Joycliff Road until reaching a point where Dry Bone Creek intersects with the centerline of said road; thence turning left and following the center of Dry Bone Creek until reaching a point where said creek intersects with the centerline of Baker Road; thence turning left and continuing along Baker Road until reaching a point where Dry Bone Creek again intersects with the centerline of said Baker Road; thence again turning left and following the center of said creek until reaching a point where said Dry Bone Creek intersects with the centerline of Chapman Road; thence turning right onto Chapman Road and continuing along said Chapman Road until reaching a point where the centerline of Chapman Road intersects with the centerline of State Highway 49; thence turning left and continuing along said State Highway 49 until reaching a point where the Central of Georgia Railroad intersects with the centerline of State Highway 49; thence turning right and following the center of the Central of Georgia Railroad to the Jones-Bibb County Line; thence turning left and following the Jones County boundary line until reaching said point of beginning where the centerline of State Highway 49 intersects with the Jones-Baldwin County Line.
Commissioner District No. 3 is comprised of all of the property contained within the boundaries specified above.
Commissioner District No. 4: Commencing at a point on the centerline of the four-lane highway known as the Macon-Gray Highway (U. S. Highway 129 and State Highways 11 and 22) where said point intersects with the Jones-Bibb County Line and from said beginning point continuing in a northeasterly direction until the centerline of said four-lane highway intersects with the centerline of Joycliff Road; thence turning right onto Joycliff Road and continuing along said road until reaching a point where Dry Bone Creek intersects with the centerline of Joycliff Road; thence turning left and following the center of Dry Bone Creek until reaching a point where said creek intersects with the centerline of Baker Road; thence turning left and continuing along Baker Road until reaching a point where Dry Bone Creek again intersects with the centerline of Baker Road; thence turning left and again following the center of said creek until reaching a point where Dry Bone Creek intersects with the centerline of Chapman Road; thence turning right and continuing along Chapman Road until reaching a point where the centerline of Chapman Road intersects with the centerline of State Highway 49; thence turning
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left and continuing along State Highway 49 until reaching a point where the Central of Georgia Railroad intersects with the centerline of State Highway 49; thence turning right and continuing along the Central of Georgia Railroad until reaching a point where the centerline of said Central of Georgia Railroad intersects with the Jones-Bibb County Line; thence turning right and continuing along the Jones-Bibb County Line until reaching said point of beginning where the centerline of the four-lane Macon-Gray Highway (U. S. 129 and State Highways 11 and 22) intersects with the Jones-Bibb County Line.
Commissioner District No. 4 is comprised of all of the property contained within the boundaries specified above.
(d) The chairman and each other member of the board shall serve for a term of four years beginning the first day of January next following his or her election. The first members elected under this section shall be elected at the November, 1984, general election. Successors shall be elected thereafter at the general election immediately preceding the expiration of a term of office."
Section 2. Said Act is further amended by striking Section 6 and inserting in its place a new section to read as follows:
"Section 6. At the first regular meeting in January of each fouryear term of office, the board shall elect from its members a vice chairman. The chairman shall preside at all meetings of the board. In the event of the death, disqualification, or resignation of the chairman, the vice chairman shall perform the duties and have the authority of the chairman until a new chairman is chosen as provided in this Act. The vice chairman shall preside at board meetings in the absence of the chairman. In the event of a vacancy in the office of vice chairman, the board shall elect a new vice chairman to serve for the remainder of the unexpired term."
Section 3. Said Act is further amended by striking Section 7 and inserting in its place a new section to read as follows:
"Section 7. (a) Any vacancy in the office of chairman or member of the board which occurs more than 180 days before the expiration of a term of office shall be filled by special election.
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(b) Any vacancy in the office of chairman or member of the board which occurs 180 days or less before the expiration of a term of office shall be filled by the remaining members of the board appointing a successor; and such appointment shall be made within 15 days after the vacancy occurs.
(c) Any person elected or appointed to fill a vacancy must meet all qualifications for election to the office; and any person elected or appointed to fill a vacancy shall serve for the remainder of the unexpired term."
Section 4. Said Act is further amended by striking Section 8 and inserting in its place a new section to read as follows:
"Section 8. The chairman of the board shall receive as compensation the sum of $450.00 per month, and the remaining members of the board shall receive as compensation the sum of $350.00 per month. Said members when traveling outside the county on county business shall also receive travel expenses, computed at 18<t per mile traveled and actual expenses for lodging and meals upon submitting an itemized, verified account to the board and upon approval by a majority of the members of the board. In addition, each member of the board, including the chairman, shall receive a monthly expense allowance of $150.00. All of such amounts shall be paid from funds of Jones County."
Section 5. Said Act is further amended by striking Section 9 and inserting in its place a new section to read as follows:
"Section 9. The fiscal affairs of the county, including the raising of revenue and the approval of the annual budget, shall be under the control of the board. The board shall have regular meetings on the first Tuesday of each month. The board may meet in extraordinary session as often as the affairs of the county may require, upon call of the chairman or any three other members of the board. At all meetings of the board a majority of the five members thereof shall constitute a quorum for the transaction of ordinary business, but a majority vote of the five members of the board shall be required to take official action. The chairman shall have a vote on all matters before the board. The meetings shall be held in such office or offices as may be designated in the Jones County courthouse."
5184 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 6. Said Act is further amended by striking Section 17 and inserting in its place a new section to read as follows:
"Section 17. All checks drawn on county funds shall be signed by the chairman or vice chairman and at least one other member, except that should a county administrator be appointed he may sign such checks together with the chairman or vice chairman."
Section 7. This Act shall become effective January 1, 1985, except that the provisions of this Act necessary for the election of the chairman and other members of the board at the 1984 election shall become effective upon approval of this Act by the Governor or upon its becoming law without his approval.
Section 8. It shall be the duty of the county attorney of Jones County to submit this Act to the United States Attorney General for review under the federal Voting Rights Act of 1965; and it shall be the duty of the board of commissioners of Jones County to direct and ensure that such submission is made by the county attorney or some other attorney if the county attorney fails to act. It shall be the duty of the board of commissioners and county attorney of Jones County to ensure that such submission has been completed not later than 30 days after the Governor approves this Act or it becomes law without his approval and to ensure that such submission contains all materials necessary or appropriate to a prompt and favorable ruling on this Act by the Attorney General.
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 1984 session of the General Assembly of Georgia a bill to reconstitute the membership of the board of commissioners of Jones County; to provide for the compensation of the chairman and other members of the board; to provide for fiscal procedures; to provide for other matters related to the foregoing; and for other purposes.
GEORGIA LAWS 1984 SESSION This 17th day of January, 1984.
5185
Kenneth W. Birdsong Representative, 104th 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 date: January 26, 1984.
/s/ Kenneth W. Birdsong Representative, 104th District
Sworn to and subscribed before me, this 30th day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 29,1984.
5186 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CLERK OF SUPERIOR COURT OF WALKER COUNTY -- MAXIMUM AMOUNT OF COMPENSATION OF OFFICE PERSONNEL.
No. 1191 (House Bill No. 1529).
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 March 14,1983 (Ga. L. 1983, p. 3724), so as to change the maximum amount of the compensation of the personnel of the office of the clerk of superior court; 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 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 March 14,1983 (Ga. L. 1983, p. 3724), is amended by striking subsection (a) of Section 4, which reads 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.
(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.",
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and inserting in its place a new subsection to read as follows:
" (a) The above-named officer shall have authority to appoint his deputies, clerks, assistants, and other personnel. Said clerk shall have the authority to set the salary of his deputies, clerks, assistants, and other personnel. The combined salaries of said deputies, clerks, assistants, and other personnel appointed by said officer shall not exceed the total sum of $75,000.00 per year. Each deputy, clerk, assistant, or other personnel shall be paid monthly from the general funds of Walker County, Georgia. The salary of the deputy clerk of superior court shall be not less than $14,100.00 and shall be paid from said total amount of $75,000.00."
Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Notice.
Notice is hereby given that there will be introduced at the regular 1984 session of the General Assembly of Georgia, a bill to amend an Act placing the Clerk of the Superior Court of Walker County on an annual salary, approved January 27,1964 (Ga. Laws 1964, page 2024), as amended, said bill being for the purpose of increasing the total sum available for salaries for dupties, clerks, assistants and other personnel, this 18th day of January, 1984.
Forest Hays, Jr. Representative, 1st District, Post 2
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Forest Hays, Jr., who, on oath,
5188 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 date: January 25,1984.
/s/ Forest Hays, Jr. Representative, 1st District
Sworn to and subscribed before me, this 2nd day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 29,1984.
COBB JUDICIAL CIRCUIT -- NUMBER OF ASSISTANT DISTRICT ATTORNEYS INCREASED.
No. 1192 (House Bill No. 1593). 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) and an Act approved March 29,1983 (Ga. L. 1983, p. 4698), so as to increase the number of assistant district attorneys; to repeal conflicting laws; and for other purposes.
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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) and an Act approved March 29, 1983 (Ga. L. 1983, p. 4698), is 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, six 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 1,1983, 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 any of the assistant district attorneys, the amount of state compensation shall be deducted from the total salary paid from the general funds of Cobb County, Georgia."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1984 Session of the General Assembly of Georgia, a bill to amend the Act creating the Cobb Judicial Circuit, approved February 19, 1969 (Ga. L. 1961, p. 134), as amended so as to change the provisions relating to the appointment of assistant district attorneys to change the salary provisions relating to the investigators; to provide a county supplement for the District Attorney; to provide for the method of payment and supplement of the legal secretary provided pursuant to Ga. L. 1975, p. 1504; and for other purposes.
5190 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This 6th day of January, 1984.
Roy E. Barnes Haskew Brantley Joe L. Thompson Carl Harrison Joe Mack Wilson A. L. Burruss 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 date: January 6,1984.
/&/ Johnny Isakson Representative, 21st District
Sworn to and subscribed before me, this 8th day of February, 1984.
/s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 28, 1984. (Seal).
Approved March 29,1984.
GEORGIA LAWS 1984 SESSION
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STATE COURT OF BACON COUNTY CREATED -- TERMS -- PRACTICE, PROCEDURE, ETC.
No. 1193 (House Bill No. 1601).
AN ACT
To create the State Court of Bacon 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 Bacon County; to provide for institution of criminal cases; to 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 provide restrictions on such officers with regard to 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 Bacon 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 an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. There is created the State Court of Bacon County which shall have the power, jurisdiction, and method of procedure as provided by Chapter 7 of Title 15 of the O.C.G.A.
Section 2. The State Court of Bacon County shall be located in the City of Alma in Bacon County and shall have territorial jurisdiction coextensive with the limits of said county.
5192 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 3. (a) The State Court of Bacon County shall have jurisdiction as provided by Chapter 7 of Title 15 of the O.C.G.A.
(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 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. The State Court of Bacon County shall have such rules of practice and procedure as provided by Chapter 7 of Title 15 of the O.C.G.A.
Section 5. The State Court of Bacon County shall have monthly terms which shall be held on the second Monday in each month in the City of Alma 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. (a) In all civil proceedings in the State Court of Bacon County, when the principal amount, excluding interest and fees, is not more than $200.00, the total costs shall be $10.00.
(b) In all other cases, costs shall be the same as in the Superior Court of Bacon County.
Section 7. Any case of a civil nature pending in the Superior Court of Bacon County at the time of the passage of this Act, or
GEORGIA LAWS 1984 SESSION
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thereafter, of which the State Court of Bacon County has jurisdiction under this Act may be transferred by the judge of the superior court to the State Court of Bacon County by consent of counsel of all parties and shall thereafter stand for trial in said court as though originally filed therein.
Section 8. All prosecutions in criminal cases instituted in the State Court of Bacon 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 make such accusation and proceed to trial thereon without affidavit as the basis therefor as provided by general law.
Section 9. Any case tried in the State Court of Bacon 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 appellate procedure as apply to cases in the superior court.
Section 10. (a) The clerk of the State Court of Bacon 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 Bacon County in the same manner as is done in the superior court. Jurors in said state court shall receive the same per diem amount as compensation for service therein as in the Superior Court of Bacon County and shall be paid by Bacon County in the same manner 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 Bacon County or the State Court of Bacon 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 Bacon County or the judge of the State Court of Bacon 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. 0
5194 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(c) The jury for the trial of all civil and criminal cases tried in the State Court of Bacon 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 lit (a) There shall be a judge of the State Court of Bacon County who shall be elected by the qualified voters of Bacon County, Georgia, and shall assume office on the first day of January following his election as provided by Chapter 7 of Title 15 of the O.C.G.A.; provided, however, that the first judge shall be appointed by the Governor for a term to expire December 31,1984.
(b) The judge of said court shall have such qualifications and shall be subject to such restrictions and discipline as provided in Chapter 7 of Title 15 of the O.C.G.A. He shall be vested 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 $4,800.00 per annum, payable monthly out of the funds of Bacon County. The salary of such judge shall be an expense of said court.
Section 12. (a) There shall be a solicitor of the State Court of Bacon County who shall be elected by the qualified voters of Bacon County, Georgia, and shall assume office on the first day of January following his election as provided by Chapter 7 of Title 15 of the O.C.G.A.; provided, however, that the first solicitor shall be appointed by the Governor for a term to expire December 31,1984.
(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 such qualifications as provided by Chapter 7 of Title 15 of the O.C.G.A.
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(d) The solicitor shall receive an annual salary of $4,800.00, payable in equal monthly installments from funds of Bacon County.
Section 13. In the absence of the solicitor of the State Court of Bacon County for any reason, said solicitor may appoint a solicitor pro tempore who shall have the same authority while so acting as said solicitor and shall be paid from the funds of Bacon County such reasonable amount for the service as the solicitor shall determine.
Section 14. The clerk of the Superior Court of Bacon County shall be, by virtue of his office, the clerk of the State Court of Bacon County and the sheriff of said county shall likewise be the sheriff of said state court; and each shall on behalf of the county receive compensation 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 Bacon County in like manner as such items in the superior court.
Section 15. The judge of the State Court of Bacon 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 which shall be taxed and enforced as in the superior court.
Section 16. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 17. 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 1984 session of the General Assembly of Georgia a bill to create a State Court of Bacon County; to provide for all related matters; and for other purposes.
This 19 day of Jan., 1984.
5196 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Tommy Smith Representative, 152nd District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tommy Smith, who, on oath, deposes and says that he is Representative from the 152nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Alma Times-Statesman which is the official organ of Bacon County, on the following date: January 26,1984.
/s/ Tommy Smith Representative, 152nd District
Sworn to and subscribed before me, this 7th day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 29,1984.
GEORGIA LAWS 1984 SESSION
5197
BOARD OF ELECTIONS OF CHATHAM COUNTY CREATED -- QUALIFICATIONS OF MEMBERS, ETC.
No. 1194 (House Bill No. 1634).
AN ACT
To create the Board of Elections of Chatham County; to provide for the membership of said board; to provide for the qualifications of the members of said board; to provide for election of certain members and for a chairman of the board; to provide restrictions on holding office as a member of the board; to provide for filling vacancies; to provide for chief administrative officers of the board and for the powers, duties, and compensation of said officers; to provide for the compensation of the members and chairman of the board; to authorize the funding of salaries and benefits; to provide that the board shall exercise the powers and duties of election superintendents as provided in the Georgia Election Code; to provide for definitions; to provide for the intention of the General Assembly; to provide for other matters relative to the foregoing; to repeal a specific Act; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. (a) The Board of Elections of Chatham County is created. The Board of Elections, hereinafter referred to in this Act as the "board," shall be composed of five members, each of whom shall be an elector of Chatham County, a resident of said county at least two years, and at least 25 years of age at the time of assuming office.
(b) As used in this Act, the term "Georgia Election Code" means Chapter 2 of Title 21 of the O.C.G.A.
Section 2. (a) The first members of the board provided for by this Act shall be the five members of the board of elections serving in Chatham County on June 30, 1984, pursuant to an Act creating boards of elections in each county of this state having a population of not less than 200,000 nor more than 250,000 according to the United States decennial census of 1980 or any future such census, approved April 18,1973 (Ga. L. 1973, p. 3697), as amended, by an Act approved
5198 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
March 28, 1974 (Ga. L. 1974, p. 3530), an Act approved March 16, 1978 (Ga. L. 1978, p. 3778), an Act approved April 11, 1979 (Ga. L. 1979, p. 3604), and by an Act approved April 12,1982 (Ga. L. 1982, p. 3940). The members serving pursuant to the Act cited above shall serve until December 31, 1986. Successors shall be elected as provided in subsection (b) of this section.
(b) The two political parties which received the highest votes cast for Governor at the 1982 general election shall each conduct an election at the 1986 general primary for the election of two members of the board. The candidates for each of said parties shall qualify to run in the primary in accordance with the rules prescribed for the election of political party candidates in the Georgia Election Code. The winners of each of the primaries of the political parties and runoff if necessary shall take office as members of the board on January 1,1987, for terms of four years and until their successors are elected and qualified. Such winners shall be certified by the board in office at the time of the primaries to the clerk of the superior court of Chatham County and to the Secretary of State. Such winners, upon taking office, shall take an oath substantially the same as the oath required by law for county registrars to take office. Thereafter, pursuant to the same procedures and requirements set forth in this subsection, successors shall be elected at the general primary and runoff if necessary immediately preceding the expiration of terms of office and shall take office on the first day of January immediately following their election for terms of four years and until their successors are elected and qualified.
(c) The four members of the board elected as provided in subsection (b) of this section shall appoint a fifth member, who shall be the chairman of the board. The term of office of the chairman shall coincide with the terms of office of the elected members of the board as provided for in subsection (b) of this section. The elected members of the board shall appoint the chairman within 30 days following their election. If, at the end of such 30 day period, such members have not been able to agree upon the appointment of a chairman, the chairman shall be appointed by a committee composed of the senior superior court judge of the Eastern Judicial Circuit, the chairman of the board of county commissioners of Chatham County, the judges of the State Court of Chatham County, the foreman of the grand jury of Chatham County, and the chairman of the grand jury conference committee of Chatham County.
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(d) No member of the board shall preside over any general or special primary, election, or runoff in which the member is an opposed candidate for office other than as a candidate for reelection to membership on the board. If a member shall be so disqualified, then the executive committee of the political party which elected the member shall appoint an interim member who is not a candidate in said primary to serve until the successor is elected and qualified. If the chairman of the board shall be so disqualified, the interim appointment shall be by the governing authority of Chatham County but for no longer than ten days immediately following the next general primary or runoff if one is necessary. Such interim chairman shall serve until a successor is chosen and qualified.
(e) No person who holds elective or appointive office, or is a salaried employee of the governing authority of Chatham County or of a municipality located within said county, or any member of the board of education of Chatham County, or any member of any commission appointed by the governing authority or any municipality located within Chatham County shall be eligible for appointment or election to the board if the person has so served within three months immediately preceding the person's becoming a member of the board in the case of the chairman or within three months immediately preceding the person's qualifying to run for any position on the board in the case of members other than the chairman; provided, however, any member of the board shall be eligible for reelection to the board.
(f) In the event any vacancy shall occur for any reason, the party which elected the member in which the vacancy shall occur shall appoint a qualified person to fill the vacancy for the unexpired term. In the event any vacancy shall occur for any reason in the office of chairman, the remaining members of the board shall appoint a chairman within 30 days following the occurrence of the vacancy. If, at the end of such 30 day period, such members have not been able to agree upon the appointment of a chairman, the chairman shall be appointed by the same committee specified by subsection (c) of this section to appoint the chairman when the other members of the board fail to act.
(g) A member of the board may be removed from office for misfeasance or malfeasance in office on the grounds of and in the manner prescribed for the removal of clerks of the superior court as provided in Code Section 15-6-82 of the O.C.G.A.
5200 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 3. (a) There shall be two chief administrative officers who shall be appointed by the board. Such persons shall be designated "election supervisors." Said election supervisors shall possess the same qualifications as provided for board members in Section 1 of this Act. The election supervisors shall serve at the pleasure of the board, except that the board may not replace the election supervisors within 30 days of any primary, referendum, or election unless the election supervisors resign or become disqualified to serve. The election supervisors shall have such duties and responsibilities as shall be prescribed by the board by rules and regulations which shall be consistent with the provisions of the Georgia Election Code. The board shall fix the compensation and benefits of the election supervisors.
(b) The board shall employ such clerical assistants as is provided for by the governing authority of Chatham County within the budget approved pursuant to paragraph (11) of Code Section 21-2-70 of the O.C.G.A.
Section 4. The salary of the chairman of the board shall be not less than $4,800.00 per annum, the exact amount to be fixed by the governing authority of Chatham County; the salary of each of the four members shall be not less than $2,400.00 per annum, the exact amount to be fixed by the governing authority of Chatham County. The governing authority of Chatham County shall be authorized to provide funding for salaries and employment benefits as are afforded other employees of the governing authority.
Section 5. Whenever any word used in this Act is defined by Code Section 21-2-2 of the Georgia Election Code, such word shall have the meaning therein defined, and any interpretation of this Act shall be governed by the Georgia Election Code. It is the intention of this Act to implement and carry out the authority provided by subsection (b) of Code Section 21-2-40 of the Georgia Election Code.
Section 6. An Act creating boards of elections in each county of this state having a population of not less than 200,000 nor more than 250,000 according to the United States decennial census of 1980 or any future such census, approved April 18,1973 (Ga. L. 1973, p. 3697), as amended, by an Act approved March 28, 1974 (Ga. L. 1974, p. 3530), an Act approved March 16,1978 (Ga. L. 1978, p. 3778), an Act approved April 11, 1979 (Ga. L. 1979, p. 3604), and by an Act approved April 12, 1982 (Ga. L. 1982, p. 3940), is repealed in its entirety.
GEORGIA LAWS 1984 SESSION
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Section 7. This Act shall become effective on July 1,1984.
Section 8. All laws and parts of laws in conflict with this Act are repealed.
Notice.
Notice is hereby given that there will be introduced in the 1984 session of the General Assembly of Georgia a bill raising the minimums of the compensation for the members of the Elections board of Chatham County and requiring funding for payment of staff compensation and other purposes.
Anne Mueller Representative,
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 Legislation was published in the Georgia Gazette which is the official organ of Chatham County, on the following date: February 2,1984.
/s/ Anne Mueller Representative, 126th District
5202 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 13th day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 29,1984.
BOARD OF EDUCATION OF EMANUEL COUNTY -- COMPOSITION OF ELECTION DISTRICTS CHANGED.
No. 1195 (House Bill No. 1636).
AN ACT
To amend an Act providing for the composition and election of the Board of Education of Emanuel County, approved April 12, 1982 (Ga. L. 1982, p. 4049), so as to change the composition of the seven single-member election districts; to provide 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 composition and election of the Board of Education of Emanuel County, approved April 12,1982 (Ga. L. 1982, p. 4049), is amended by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows: "Section 1. (a) The Board of Education of Emanuel County shall be composed of seven members to be elected as provided in this Act. For the purpose of electing members to the board, Emanuel County shall be divided into seven election districts as follows:
GEORGIA LAWS 1984 SESSION
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Election District No. 1 shall be composed of all that territory within Emanuel County embraced within the 1429th Election Precinct and the 1560th Election Precinct.
Election District No. 2 shall be composed of all that territory within Emanuel County embraced within the 50th Election Precinct, the 58th Election Precinct, the 1502nd Election Precinct, and the 395th Election Precinct.
Election District No. 3 shall be composed of all that territory within Emanuel County embraced within the 1748th Election Precinct, the 1452nd Election Precinct, the 1208th Election Precinct, the 57th Election Precinct, and the Cross-Green Election Precinct.
Election District No. 4 shall be composed of all that territory within Emanuel County embraced within the 49th Election Precinct, the 1333rd Election Precinct, Swainsboro City Election Ward No. 1, and an area within the 53rd Election Precinct bounded on the North by the Swainsboro-Canoochee Road; East by the 1333rd Election Precinct and 1560th Election Precinct; South by the 58th Election Precinct; and West by County Road 269 and the City Limits for the City of Swainsboro, and the 1502nd Election Precinct.
Election District No. 5 shall be composed of all that territory within Emanuel County embraced within Swainsboro City Election Ward No. 5 and Swainsboro City Election Ward No. 6.
Election District No. 6 shall be composed of all that territory within Emanuel County embraced within Swainsboro City Election Ward No. 2 and an area within the 53rd Election Precinct bounded on the North by the 1208th Election Precinct and the 57th Election Precinct; East by the Swainsboro-Canoochee Road and the 1333rd Election Precinct; South by the City Limits of the City of Swainsboro and U. S. Highway 80 from Swainsboro to Adrian; and West by the 1748th Election Precinct and 1452nd Election Precinct.
Election District No. 7 shall be composed of all that territory within Emanuel County embraced within Swainsboro City Election Ward No. 3 and Swainsboro City Election Ward No. 4 and an area within the 53rd Election Precinct bounded on the North by
5204 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
U. S. Highway 80 from Swainsboro to Adrian; East by the City Limits of the City of Swainsboro and County Road 269; South by the 1502nd Election Precinct; and West by the 395th Election Precinct.
(b) As used in this section, the term `election precinct' means an election precinct of Emanuel County as such precinct existed on January 1,1984."
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 Passage of Local Legislation.
Notice is hereby given that at the regular 1984 session of the General Assembly of Georgia, an application will be made to introduce legislation relative to the election of members of the Emanuel County Board of Education, and for other purposes.
This 27th day of January, 1984.
Emanuel County Board of Education
Georgia, Emanuel County.
Personally before me, the undersigned officer duly authorized to administer oaths, came William C. Rogers, who on oath deposes and says that he is the editor and publisher of The Blade, the official county organ in and for Emanuel County, and that the attached copy of Notion of Intention to Apply for Local Legislation was published in The Blade on the following date: February 1,1984.
GEORGIA LAWS 1984 SESSION
5205
/s/ William C. Rogers
Sworn to and subscribed before me, this 1st day of February, 1984.
/s/ Ruby Fagler Notary Public, State at Large. (Seal).
Approved March 29,1984.
BRUNSWICK-GLYNN COUNTY CHARTER COMMISSION -- TIME TO COMPLETE WORK
EXTENDED.
No. 1196 (House Bill No. 1641).
AN ACT
To amend an Act creating the Brunswick-Glynn County Charter 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), an Act approved April 12,1982 (Ga. L. 1982, p. 4087), and an Act approved March 14, 1983 (Ga. L. 1983, p. 3739), so as to extend the time within which said commission shall complete its work; to change and clarify certain references to qualified voters; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the Brunswick-Glynn County Charter Commission, approved April 11, 1979 (Ga. L. 1979, p. 3378), as amended by an Act approved March 25,1980 (Ga. L. 1980, p. 3950),
5206 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
an Act approved April 6,1981 (Ga. L. 1981, p. 3850), an Act approved April 12,1982 (Ga. L. 1982, p. 4087), and an Act approved March 14, 1983 (Ga. L. 1983, p. 3739), is amended by striking subsection (a) of Section 6 in its entirety and inserting in lieu thereof a new subsection (a) of Section 6 to read as follows:
"(a) In the event said Charter Commission determines that a charter should be drafted to create a government or governments as provided in Section 5 of this Act, said Charter Commission shall be authorized to draft a proposed charter or charters creating such government or governments which shall be submitted to the electors of Glynn County and the City of Brunswick as provided in this Act."
Section 2. Said Act is further amended by striking subsection (a) of Section 8 in its entirety 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 31, 1985, 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 31,1985. However, the time for making such recommendations or for filing such proposed charter may be extended for such period of time as may be authorized by a resolution duly adopted by the governing authority of the City of Brunswick and by a similar resolution being adopted by the governing authority of Glynn County."
Section 3. Said Act is further amended by striking subsection (a) of Section 10 in its entirety and inserting in lieu thereof a new subsection (a) of Section 10 to read as follows:
"(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 electors of Glynn County and the City of Brunswick 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
GEORGIA LAWS 1984 SESSION
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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 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 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 rejection of said charter or charters shall vote against approval. The votes cast by the electors of the City of Brunswick and the votes cast by the electors 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 electors of the City of Brunswick and more than one-half of the votes cast by the electors of Glynn County as a whole are for approval of said charter or charters, then said
5208 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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."
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. In the event the proposed single county-wide government charter is ratified by the electors 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 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 county-wide government."
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 1984 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, pg. 3850); as amended by an Act approved April 12, 1982 (Ga. Laws 1982, pg. 4087); as amended by an Act approved March 14, 1983 (Ga. Laws 1983, pg. 3739); and for other purposes.
This 9th day of February, 1984.
GEORGIA LAWS 1984 SESSION
Dean Auten Representative, 156th District
5209
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 Legislation was published in the Brunswick News which is the official organ of Glynn County, on the following date: February 11,1984.
/s/ Dean G. Auten Representative, 156th District
Sworn to and subscribed before me, this 14th day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 29,1984.
5210 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
HOUSTON COUNTY WATER AND SEWER STUDY COMMISSION CREATED -- MEMBERS' APPOINTMENT
AND QUALIFICATIONS, ETC. -- FUNCTIONS OF COMMISSION.
No. 1197 (House Bill No. 1650).
AN ACT
To create the Houston County Water and Sewer Study Commission; to provide for the appointment of members and their compensation, qualifications, expenses, duties, and powers; to provide for officers and employees of the commission; to provide for public hearings; to authorize the governing authorities of the City of Warner Robins, the City of Centerville, and Houston County to expend public funds for the purposes of carrying out the provisions of this Act; to provide for reports and the filing, publication, and distribution of such reports; to provide for other matters relative to the foregoing; to provide for an effective date; to repeal conflicting laws; and for other purposes.
WHEREAS, Houston County is steadily increasing in population and the matter of obtaining and distributing potable water to the residents and businesses located therein and to other users of such facilities is of prime importance and essential to the health and welfare of citizens within the boundaries and environs of Houston County; and
WHEREAS, it is advisable to conduct a thorough study of the existing water and sewer facilities, the water requirements of the residents and businesses of such area, and the projected population of such area in order to plan adequately for the future health and welfare of the people of Houston County.
NOW, THEREFORE, BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. There is created the Houston County Water and Sewer Study Commission. Said commission shall be composed of six members. Three members who shall be residents of the City of Warner Robins shall be appointed by the governing authority of said
GEORGIA LAWS 1984 SESSION
5211
city; one member who shall be a resident of the City of Centerville shall be appointed by the governing authority of said city; and two members who shall be residents of Houston County residing outside of said cities shall be appointed by the governing authority of Houston County. Members of the commission shall enter upon their duties immediately upon their appointments and shall serve without compensation but shall be reimbursed for their actual expenses incurred in the performance of their duties as members of the commission. If a vacancy should occur on said commission for any reason, the appointing authority shall promptly fill the same. Four members of said commission shall constitute a quorum for the transaction of business.
Section 2. The study commission shall make an in-depth study of the existing water and sewer facilities in Houston County, the water requirements of the residents and businesses of such area, and the projected population of such area in order to determine the necessary measures which need to be taken to assure adequate water and sewer facilities in the future. The commission shall consider user service rates, the development, extension, and enlargement of water and sewer systems, consolidation of services, delineation of functions, and other matters related thereto. The commission shall determine which area of Houston County shall be included in the study. The commission shall be authorized to consult with elected or appointed officers and officials, employees of the City of Warner Robins, the City of Centerville, and Houston County, and interested citizens. The commission shall hold not less than three public hearings so as to provide ample opportunity to each citizen of each city and the county to express his views relative to any aspect of the water and sewer systems in Houston County. The commission shall cause the date, time, and place of such hearings to be advertised in the official organ of Houston County at least once during the week immediately preceding the week during which such public hearings are held.
Section 3. The members of the commission to be appointed by the governing authorities and the legislative delegation as provided in Section 1 shall be appointed prior to July 1,1984. Immediately upon the appointment of such members, it shall be the duty of the chairman of the board of commissioners of Houston County to call an organizational meeting of the study commission and to set the date, time, and location of such organizational meeting. At such organizational meeting, the members of the study commission shall be authorized to elect a chairman, a secretary, and such other officers as they
5212 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
shall deem necessary for the performance of their duties. Within the limitations of funds available to the commission, the commission shall be authorized to employ such staff, consultants, and assistants as the commission shall deem necessary for the proper and efficient performance of their duties. The commission, with the approval of the governing authorities of the City of Warner Robins, City of Centerville, and Houston County, shall be authorized to fix the compensation of said staff, consultants, and assistants and to prescribe their duties. Said commission is further authorized to contract with any private or public institution or body for any special studies or assistance as it shall deem necessary, within the limits of the funds made available to it by the governing authorities of the City of Warner Robins, City of Centerville, and Houston County.
Section 4. The City of Warner Robins, City of Centerville, and Houston County, and the governing authorities thereof, are authorized to budget and expend public funds for the purpose of carrying out the provisions of this Act. The cost and expenses of the commission shall be shared and paid on the following basis: 50 percent of such cost and expenses paid by the City of Warner Robins, 10 percent of such cost and expenses paid by the City of Centerville, and 40 percent of the cost and expenses paid by Houston County. The governing authorities of the City of Warner Robins, City of Centerville, and Houston County shall initially appropriate and pay to the commission an amount mutually to be agreed upon by them for said study commission. Said governing authorities shall appropriate such additional funds, in equal amounts, as may be necessary to meet the expenses of the commission, provided such additional expenditures shall be first approved by all such governing authorities. All public officials shall furnish the study commission with information and assistance necessary or appropriate for it to carry out its duties.
Section 5. The commission shall conduct its examinations, studies, and public hearings as expeditiously as possible and shall reduce its findings and recommendations to writing. The commission shall publish a written report of its findings and recommendations by December 31, 1984, at which time the commission shall stand abolished; provided, however, that said commission may be extended for a period not to exceed 30 days upon approval by resolution of the governing authorities of the City of Warner Robins, the City of Centerville, and Houston County. The study commission shall file certified copies of any such report with the clerk of the City of Warner Robins, the clerk of the City of Centerville, the clerk of the board of
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5213
commissioners of Houston County, and with each member of the General Assembly whose district lies totally or partially within Houston County. The commission shall also furnish a copy of its report to each daily and weekly newspaper published within Houston County and to each radio station, television station, or other news media operating within Houston County. The commission shall take such other steps, within the limitations of available funds, as it may deem reasonable and appropriate to inform the citizens of the City of Warner Robins, City of Centerville, and Houston County of the contents of such report. The copies of the report filed with the clerk of the City of Warner Robins, the clerk of the City of Centerville, and the clerk of the board of commissioners of Houston County shall be available during normal business hours for inspection, reading, and copying by any citizens.
Section 6. Upon the completion of the duties assigned to the commission under the provisions of this Act, any unused funds in the hands of the commission shall be returned to the three governing authorities on the same basis that the cost and expenses were shared by the two cities and county pursuant to the provisions of Section 4.
Section 7. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 8. All laws and parts of laws in conflict with this Act are repealed.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1984 session of the General Assembly of Georgia a bill to create the Houston County Water and Sewer Study Commission; to provide for the appointment of members and their compensation, qualifications, expenses, duties, and powers; to provide for officers and employees of the commission; to provide for public hearings; to authorize the governing authorities of the City of Warner Robins, the City of Centerville, and Houston County to expend public funds for the purpose of carrying out the provisions of this Act; to provide for reports and the filing, publication, and distribution of such reports; to provide for other matters relative to the foregoing; and for other purposes.
5214 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This 3rd day of February, 1984.
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, Not: Local Legislation, was published in The Houston Home Journal on the following date: February 9,1984.
This 13th day of February, 1984.
/s/ Jim Kerce, Publisher Houston Home Journal Perry, Georgia
Sworn to and subscribed before me, this 13th day of February, 1984.
/s/ Emily A. Montgomery Notary Public, Houston County. My Commission Expires Aug. 28, 1985. (Seal).
Approved March 29,1984.
GEORGIA LAWS 1984 SESSION
5215
GILMER COUNTY WATER AND SEWERAGE AUTHORITY ACT
No. 1198 (House Bill No. 1677).
AN ACT
To create the Gilmer County Water and Sewerage Authority; to authorize the authority to acquire, construct, add to, extend, improve, equip, operate, and maintain projects embracing sources of water supply and the distribution and sale of water and related facilities to individuals, private concerns, municipal corporations, the State of Georgia, and its political subdivisions and instrumentalities thereof; to authorize the authority to acquire, construct, add to, extend, improve, equip, operate, and maintain sewerage systems, both sanitary and storm, sewage disposal and sewage treatment plants, and any and all other related facilities; to confer powers and impose duties on the authority; to provide for the membership and the appointment of members of the authority and their terms of office, qualifications, duties, powers, method of filling vacancies, compensation, and expenses; to authorize the authority to contract with others pertaining to water and sewer utilities and facilities and to contract with others pertaining to the use of the utilities and facilities of the authority and to execute leases and do all things necessary or convenient for the operation of such undertakings or projects; to authorize the issuance of revenue bonds of the authority payable from the revenues, tolls, fees, charges, and earnings of the authority and to pay the cost of such undertakings or projects and authorize the collection and pledging of the revenues and earnings of the authority for the payment of such bonds; to authorize the execution of resolutions and trust indentures to secure the payment thereof and to define the rights of the holders of such obligations; to provide that no debt of Gilmer County shall be incurred in the exercise of any of the powers granted by this Act; to make the bonds of the authority exempt from taxation; to authorize the authority to condemn property of every kind; to authorize the issuance of funding and refunding bonds; to fix and provide the venue and jurisdiction of actions relating to any provisions of this Act; to provide for the validation of bonds; to provide for severability; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
5216 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Be it enacted by the General Assembly of Georgia:
Section 1. Short title. This Act shall be known and may be cited as the "Gilmer County Water and Sewerage Authority Act."
Section 2. Gilmer County Water and Sewerage Authority, (a) There is created a body corporate and politic, to be known as the "Gilmer County Water and Sewerage Authority," which shall be deemed to be a political subdivision of the State of Georgia and a public corporation and by that name, style, and title said body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity. The authority shall have perpetual existence.
(b) The membership of the authority shall be composed as follows: one member shall be appointed by the commissioner of Gilmer County; one member shall be appointed by the chairman of the Gilmer County Industrial Development Authority; and three members shall be appointed at large from the citizens of Gilmer County by the grand jury of said county. The terms of the initial members of the authority shall be staggered as follows: the member appointed by the commissioner of Gilmer County shall serve for an initial term of five years; the member appointed by the chairman of the Gilmer County Industrial Development Authority shall serve for an initial term of four years; the three members appointed by the grand jury shall serve initial terms of 3, 2, and 1 years, respectively. The initial members of the authority shall take office immediately upon their appointment and qualification and shall serve until their respective successors are duly appointed and qualified. Successors shall be appointed in the same manner as the initial members in the month of May immediately preceding the expiration of a member's term of office, and such successor shall take office on the first day of June for a term of five years and until his respective successor is duly appointed and qualified. Any member of the authority may be selected and appointed to succeed himself. Immediately after such appointments, the members of such authority shall enter upon their duties. The members of the authority shall be entitled to reimbursement for their actual expenses necessarily incurred in the performance of their duties. The authority shall have the power to establish bylaws and to promulgate and adopt rules and regulations necessary or desirable for the management and operation of the authority.
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(c) To be eligible for appointment as a member of the authority, a person shall be at least 21 years of age and a resident of Gilmer County for at least one year prior to the date of his appointment and shall not have been convicted of a felony.
(d) The members of the authority shall in June of each year elect one of their number as chairman. Also, the members of the authority shall elect one of their number as vice chairman, shall also elect one of their number as secretary, and may also elect one of their number as treasurer. The secretary may also serve as treasurer. Each of such officers shall serve for a period of one year and until their successors are duly elected and qualified. The chairman of the authority shall be entitled to vote upon any issue, motion, or resolution.
(e) Three members of the authority shall constitute a quorum. No vacancy on the authority shall impair the right of the quorum to exercise all of the rights and perform all of the duties of the authority.
(f) In the event of a vacancy by reason of death, disqualification, resignation, or other reason, the governing body of Gilmer County shall select and appoint a qualified person to fill the unexpired term of the member whose position has been vacated. A vacancy shall exist in the office of any member of the authority who is convicted of a felony or who enters a plea of nolo contendere thereto; who is convicted of a crime involving moral turpitude or who enters a plea of nolo contendere thereto; who moves his residence from the county; who is convicted of any act of misfeasance, malfeasance, or nonfeasance of his duties as a member of the authority; or who fails to attend any regular or special meeting of the authority for a period of three months without an excuse approved by a resolution of the authority.
(g) All meetings of the authority, regular or special, shall be open to the public. The authority may hold public hearings on its own initiative or at the request of residents of Gilmer County or residents of any area affected by the actions of the authority.
(h) No member or employee of the authority shall have directly or indirectly any financial interest, profit, or benefit in any contract, work, or business of the authority nor in the sale, lease, or purchase of any property to or from the authority.
Section 3. Definitions. As used in this Act, the term:
5218 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(1) "Authority" means the Gilmer County Water and Sewerage Authority created by this Act.
(2) "Cost of the project" means and embraces the cost of construction; the cost of all lands, properties, rights, easements, and franchises acquired; the cost of all machinery and equipment, financing charges, interest prior to and during construction and for one year after completion of construction; the cost of engineering, architectural, fiscal agents', and legal expenses, and of plans and specifications, and other expenses necessary or incident to determining the feasibility or practicability of the project, administrative expenses, and such other expenses as may be necessary or incident to the financing herein authorized; the cost of the acquisition or construction of any project; the cost of placing any project in operation; and the cost of condemnation of property necessary for such construction and operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds issued under the provisions of this Act for such project.
(3) "Project" shall be deemed to mean and include the acquisition, construction, and equipping of water facilities for obtaining one or more sources of water supply, the treatment of water, and the distribution and sale of water to users and consumers, including, but not limited to, the State of Georgia and counties and municipalities for the purpose of resale, within and without the territorial boundaries of Gilmer 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, construction, and equipping of all necessary and usual facilities useful and necessary for the gathering of waste matter of every type, including both individual and industrial, and the treatment of sewage of any and every type, including, but not limited to, the acquisition and construction of treatment plants, ponds, and lagoons, within and without the territorial boundaries of Gilmer County, and the operation, maintenance, additions, improvements, and extensions of such facilities so as to assure an adequate sewerage system deemed by the authority necessary for the efficient operation of a sanitary and storm sewer system. Said water facilities and said sewerage
GEORGIA LAWS 1984 SESSION
5219
facilities, at the discretion of the authority, may be combined at any time into a water and sewerage system as one revenueproducing undertaking and operated and maintained as such.
(4) "Revenue bonds" and "bonds" mean revenue bonds 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 any amendments thereto and, in addition, shall also mean obligations of the authority, the issuance of which are hereinafter specifically provided for in this Act.
(5) Any project shall be deemed "self-liquidating" if, in the judgment of the authority, the revenues and earnings to be derived by the authority therefrom and all facilities used in connection therewith will be sufficient to pay the costs of operating, maintaining, repairing, improving, and extending the project and to pay the principal of and interest on the revenue bonds which may be issued to finance, in whole or in part, the cost of such project or projects.
Section 4. Powers. The authority shall have the power:
(1) To have a seal and alter the same at its pleasure;
(2) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character for its corporate purposes;
(3) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by condemnation in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, real property, or rights or easements therein, or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue, and to lease or make contracts with respect to the use of, or dispose of the same in any manner it deems to the best advantage of the authority, the authority being under no obligation to accept and pay for any property condemned under this Act except from the funds provided under the authority of this Act, and, in any proceedings to condemn, such orders may be made by the court
5220 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
having jurisdiction of the suit, action, or proceedings as may be just to the authority and to the owners of the property to be condemned, and no property shall be acquired under the provisions of this Act upon which any lien or other encumbrance exists unless at the time such property is so acquired a sufficient sum of money be deposited in trust to pay and redeem the fair value of such lien or encumbrance;
(4) To appoint, select, and employ officers, agents, and employees, including engineering, architectural, and construction experts, fiscal agents, and attorneys and fix their respective compensations;
(5) To make contracts and leases and to execute all instruments necessary or convenient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be constructed, 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; and, without limiting the generality of the foregoing, authority is specifically granted to municipal corporations, counties, and other political subdivisions and to the authority to enter into contracts, lease agreements, or other undertakings relating to the furnishing of water and related services and facilities by the authority to such municipal corporations, counties, and political subdivisions or for the purchase of water by the authority therefrom for a term not exceeding 50 years, and also to enter into contracts, lease agreements, or other undertakings relative to the gathering of waste matter and the treatment of waste matter and sewage by the authority for such municipal corporations, counties, and political subdivisions or by such municipal corporations, counties, or political subdivisions for the authority. Likewise, without limiting the generality of the above and foregoing, the same authority above granted to municipal corporations, counties, political subdivisions, and to the authority relative to entering into contracts, lease agreements, or other undertakings is authorized between the authority and private corporations, both within and without the State of Georgia, and between the authority and public bodies, including counties and cities outside the State of Georgia;
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(6) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects, as hereinabove defined, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds of the authority or from such proceeds and any grant or contribution from the United States of America or any agency or instrumentality thereof or from the State of Georgia or any agency or instrumentality thereof;
(7) To accept loans and grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof upon such terms and conditions as the United States of America or such agency or instrumentality may require;
(8) To accept loans and grants of money or materials or property of any kind from the State of Georgia or any agency or instrumentality or political subdivision thereof upon such terms and conditions as the State of Georgia or such agency or instrumentality or political subdivision may require;
(9) To borrow money for any of its corporate purposes and to issue negotiable revenue bonds payable solely from funds pledged for that purpose and to provide for the payment of the same and for the rights of the holders thereof;
(10) To exercise any power usually possessed by private corporations performing similar functions, including the power to make short-term loans and approve, execute, and deliver appropriate evidence of such indebtedness, provided no such power is in conflict with the Constitution or general laws of this state; and
(11) To do all things necessary or convenient to carry out the powers expressly given in this Act.
Section 5. Revenue bonds. The authority, or any authority or body which has or which may in the future succeed to the powers, duties, and liabilities vested in the authority created hereby, shall have power and is authorized to provide by resolution for the issuance of negotiable revenue bonds of the authority for the purpose of paying all or any part of the cost as herein defined of any one or more projects. The principal of and interest on such revenue bonds shall be payable solely from the special fund hereby provided for such pay-
5222 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ment. The bonds of each issue shall be dated, shall bear interest at such rate or rates per annum, payable at such time or times, shall mature at such time or times not exceeding 40 years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the authority, and may be redeemable before maturity, at the option of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution for the issuance of bonds.
Section 6. Same; form, denomination; registration; place of payment. The authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereon, which may be at any bank or trust company within or without the state. The bonds may be issued in coupon or registered form, or both, as the authority may determine, and provision may be made for the registration of any coupon bond as to principal alone and also as to both principal and interest.
Section 7. Same; signatures; seal. In case any officer whose signature shall appear on any bonds or whose facsimile signature shall appear on any coupon shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery. All such bonds shall be signed by the chairman of the authority and the official seal of the authority shall be affixed thereto and attested by the secretary of the authority and any coupons attached thereto shall bear the facsimile signatures of the chairman and the secretary of the authority. Any coupon may bear the facsimile signatures of such persons and any bond may be signed, sealed, and attested on behalf of the authority by such persons as at the actual time of the execution of such bonds shall be duly authorized or hold the proper office, although at the date of such bonds such person may not have been so authorized or shall not have held such office.
Section 8. Same; negotiability; exemption from taxation. All revenue bonds issued under the provisions of this Act shall have and are declared to have all the qualities and incidents of negotiable instruments under the laws of this state. Such bonds, their transfer, and the income therefrom shall be exempt from all taxation within the state.
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Section 9. Same; sale; price; proceeds. The authority may sell such bonds in such manner and for such price as it may determine to be for the best interest of the authority. The proceeds derived from the sale of such bonds shall be used solely for the purpose or purposes provided in the resolutions and proceedings authorizing the issuance of such bonds.
Section 10. Same; interim receipts and certificates or temporary bonds. Prior to the preparation of any definitive bonds, the authority may, under like restrictions, issue interim receipts, interim certificates, or temporary bonds, with or without coupons, exchangeable for definitive bonds upon the issuance of the latter.
Section 11. Same; replacement of lost or mutilated bonds. The authority may provide for the replacement of any bonds or coupons which shall become mutilated or be destroyed or lost.
Section 12. Same; conditions precedent to issuance. Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things other than those proceedings, conditions, and things which are specified or required by this Act. In the discretion of the authority, revenue bonds of a single issue may be issued for the purpose of any particular project. Any resolution providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special meeting of the authority by a majority of its members.
Section 13. Credit not pledged. Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of Gilmer County nor a pledge of the faith and credit of said county; but such bonds shall be payable solely from the fund hereinafter provided for and the issuance of such revenue bonds shall not directly, indirectly, or contingently obligate said county to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment. All such bonds shall contain recitals on their face covering substantially the foregoing provisions of this section.
Section 14. Trust indenture as security. In the discretion of the authority, any issuance of such revenue bonds may be secured by a trust indenture by and between the authority and a corporate trustee, which may be any trust company or bank having the powers of a trust
5224 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
company within or without the state. Such trust indenture may pledge or assign fees, tolls, revenues, and earnings to be received by the authority. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for the protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority in relation to the acquisition of property, the construction of the project, the maintenance, operation, repair, and insuring of the project, and the custody, safeguarding, and application of all moneys, and may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the authority, and satisfactory to the original purchasers of the bonds issued therefor, and may also require that the security given by contractors and by any depository of the proceeds of the bonds or revenues or other moneys be satisfactory to such purchasers, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this state to act as such depository and to furnish such indemnifying bonds or pledge such securities as may be required by the authority. Such indenture may set forth the rights and remedies of the bondholders and of the trustee and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation, and repair of the project affected by such indenture.
Section 15. To whom proceeds of bonds shall be paid. In the resolution providing for the issuance of revenue bonds or in the trust indenture, the authority shall provide for the payment of the proceeds of the sale of the bonds to any officer or person who, or any agency, bank, or trust company which, shall act as trustee of such funds and shall hold and apply the same to the purposes hereof, subject to such regulations as this Act and such resolution or trust indenture may provide.
Section 16. Sinking fund. The revenues, fees, tolls, and earnings derived from any particular project or projects, regardless of whether or not such fees, earnings, and revenues were produced by a particular
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project for which bonds have been issued, unless otherwise pledged and allocated, may be pledged and allocated by the authority to the payment of the principal and interest on revenue bonds of the authority as the resolution authorizing the issuance of the bonds or the trust instrument may provide. Such funds so pledged from whatever source received, including funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture into a sinking fund which shall be pledged to and charged with the payment of:
(1) The interest upon such revenue bonds as such interest shall fall due;
(2) The principal of the bonds as the same shall fall due;
(3) The necessary charges of paying agents for paying principal and interest and other investment charges; and
(4) Any premium upon bonds retired by call or purchase as hereinabove provided.
The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be maintained as a trust account for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or in the trust indenture, any surplus moneys in the sinking fund may be applied to the purchase or redemption of bonds, and any such bonds so purchased or redeemed shall forthwith be canceled and shall not again be issued.
Section 17. Remedies of bondholders. Any holder of revenue bonds issued under the provisions of this Act or any of the coupons appertaining thereto and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted hereunder or under such resolution or trust indenture and may enforce and compel performance of all duties required by this Act or by such resolution or trust
5226 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
indenture to be performed by the authority or any officer thereof, including the fixing, charging, and collecting of revenues, fees, tolls, and other charges for the use of the facilities and services furnished.
Section 18. Refunding bonds. The authority is authorized to provide by resolution for the issuance of bonds of the authority for the purpose of funding or refunding any revenue bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon and premium, if any. The issuance of such funding or refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the authority in respect to the same shall be governed by the foregoing provisions of this Act insofar as the same may be applicable.
Section 19. Validation. Bonds of the authority shall be confirmed and validated in accordance with the procedure of the Revenue Bond Law, as amended. The petition for validation shall also make party defendant to such action the State of Georgia or any municipality, county, authority, political subdivision, or instrumentality of the State of Georgia which has contracted with the authority for the services and facilities of the project for which bonds are to be issued and sought to be validated and the state or such municipality, county, authority, political subdivision, or instrumentality shall be required to show cause, if any exists, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the contract or contracts adjudicated as a part of the basis for the security for the payment of any such bonds of the authority. The bonds when validated and the judgment of validation shall be final and conclusive with respect to such bonds and the security for the payment thereof and interest thereon and against the authority issuing the same and the state and any municipality, county, authority, political subdivision, or instrumentality, if a party to the validation proceedings, contracting with the said Gilmer County Water and Sewerage Authority.
Section 20. Venue and jurisdiction. Any action to protect or enforce any rights under the provisions of this Act or any suit or action against such authority shall be brought in the Superior Court of Gilmer 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.
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Section 21. Interest of bondholders protected. While any of the bonds issued by the authority remain outstanding, the powers, duties, or existence of said authority or its officers, employees, or agents shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds. No other entity, department, agency, or authority will be created which will compete with the authority to such an extent as to affect adversely the interest and rights of the holders of such bonds, nor will the state itself so compete with the authority. The provisions of this Act shall be for the benefit of the authority and the holders of any such bonds, and, upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds.
Section 22. Moneys received considered trust funds. All moneys received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenue, income, fees, and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act.
Section 23. Purpose of the authority. Without limiting the generality of any provision of this Act, the general purpose of the authority is declared to be that of acquiring an adequate source or sources of water supply, treatment of such water, and thereafter the distribution of the same to the various municipalities and citizens in Gilmer County and environs, including adjoining counties and municipalities located therein, and further for the general purpose of gathering and treatment of waste, both individual and industrial; but such general purpose shall not restrict the authority from selling and delivering water directly to consumers in those areas where there does not now exist water distribution systems or furnishing sewer facilities to such customers and areas where neither any county nor municipality deems it desirable or feasible to furnish water in such locality.
The authority shall also have the authority, where it deems it feasible, to sell its products and services to customers, governmental agencies, or governmental instrumentalities of adjoining states, providing the laws of the adjoining states do not prohibit or tax said activity.
The authority shall not have the authority to construct water lines for the distribution of water directly to customers within any municipality without first obtaining the express written consent of the appropriate governing body of said municipality and, likewise, the
5228 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
authority shall not have the authority to construct sewer lines for the collection of waste and sewage directly to customers within any municipality without first obtaining the express written consent of the appropriate governing body of said municipality.
Section 24. Rates, charges, and revenues; use. The authority is authorized to prescribe and fix rates and to revise the same from time to time and to collect fees, tolls, and charges for the services, facilities, and commodities furnished and, in anticipation of the collection of the revenues of such undertaking or project, to issue revenue bonds as herein provided to finance, in whole or in part, the cost of the acquisition, construction, reconstruction, improvement, betterment, or extension of a water system, a sewerage system, or a combined water and sewerage system, and to pledge to the punctual payment of said bonds and interest thereon, all or any part of the revenues of such undertaking or project, including the revenues of improvements, betterments, or extensions thereto thereafter made.
Section 25. Rules and regulations for operation of projects. It shall be the duty of the authority to prescribe rules and regulations for the operation of the project or projects constructed or acquired under the provisions of this Act, including the basis upon which water service and facilities, sewerage service and facilities, or both, shall be furnished.
Section 26. Tort immunity. The authority shall have the same immunity and exemption from liability for torts and negligence as Gilmer County; and the officers, agents, and employees of the authority when in the performance of the work of the authority shall have the same immunity and exemption from liability for torts and negligence as the officers, agents, and employees of Gilmer County when in the performance of their public duties or work of the county.
Section 27. Powers declared supplemental and additional. The foregoing sections of this Act shall be deemed to provide an additional and alternative method for the doing of the things authorized thereby, shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing.
Section 28. 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
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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 29. Effect on other governments. This Act shall not and does not in any way take from Gilmer County or any municipality located therein or any adjoining county the authority to own, operate, and maintain a water system, a sewerage system, or a combined water and sewerage system or to issue revenue bonds as is provided by the Revenue Bond Law.
Section 30. Liberal construction of Act. This Act being for the welfare of various political subdivisions of the state and its inhabitants shall be liberally construed to effect the purposes hereof.
Section 31. Effective date. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 32. Repealer. All laws and parts of laws in conflict with this Act are repealed.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1984 session of the General Assembly of Georgia a bill to create the Gilmer County Water and Sewerage Authority, to authorize the authority to acquire, construct, add to, extend, improve, equip, operate, and maintain projects embracing sources of water supply and the distribution and sale of water and related facilities to individuals, private
5230 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
concerns, municipal corporations, the State of Georgia, its political subdivisions and instrumentalities thereof; to authorize the authority to acquire, construct, add to, extend, improve, equip, operate, and maintain sewerage systems, both sanitary and storm, sewage disposal and sewage treatment plants, and any and all other related facilities; to confer powers and impose duties on the authority; to provide for the membership and the appointment of members of the authority and their terms of office, qualifications, duties, powers, method of filling vacancies, compensation, and expenses; to authorize the authority to contract with others pertaining to water and sewer utilities and facilities and to contract with others pertaining to the use of the utilities and facilities of the authority and to execute leases and do all things necessary or convenient for the operation of such undertakings or projects; to authorize the issuance of revenue bonds of the authority payable from the revenues, tolls, fees, charges, and earnings of the authority and to pay the cost of such undertaking or project and authorize the collection and pledging of the revenues and earnings of the authority for the payment of such bonds; to authorize the execution of resolutions and trust indentures to secure the payment thereof and to define the rights of the holders of such obligations; to provide that no debt of Gilmer County shall be incurred in the exercise of any of the powers granted by this Act; to make the bonds of the authority exempt from taxation; to authorize the authority to condemn property of every kind; to authorize the issuance of funding and refunding bonds; to fix and provide the venue and jurisdiction of actions relating to any provisions of this Act; to provide for the validation of bonds; to provide for the separate enactment of each provision of this Act; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
Georgia, Gilmer County.
Personally appeared before me a Notary Public within and for the above State and County, George N. Bunch, who, on oath, deposes and says that he is the publisher of the Times-Courier, which is the official organ of Gilmer County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published therein on the following date: February 16,1984.
GEORGIA LAWS 1984 SESSION
/s/ George N. Bunch Publisher
Sworn to and subscribed before me, this the 16th day of February, 1984.
/s/ Annetta B. Bunch Notary Public. My Commission Expires July 17, 1985. (Seal).
Approved March 29,1984.
5231
BOARD OF EDUCATION OF McINTOSH COUNTY -- COMPENSATION OF CHAIRMAN AND MEMBERS CHANGED.
No. 1199 (House Bill No. 1121).
AN ACT
To amend an Act providing for the election of the members of the board of education of McIntosh County, approved March 14, 1980 (Ga. L. 1980, p. 3112), so as to change the compensation of the chairman and 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 providing for the election of the members of the board of education of McIntosh County, approved March 14,1980 (Ga. L. 1980, p. 3112), is amended by striking in its entirety Section 4, which reads as follows:
5232 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
"Section 4. (a) The chairman of the board of education of McIntosh County shall be compensated in the amount of $100.00 per month.
(b) The other members of the board shall be compensated in the amount of $50.00 per month.",
and by inserting in its place a new Section 4 to read as follows:
"Section 4. The chairman and members of the board of education of McIntosh County shall be compensated as provided by general law."
Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1984 session of the General Assembly of Georgia a bill to amend an Act providing for the election of the members of the board of education of McIntosh County, approved March 14,1980 (Ga. L. 1980, p. 3112), so as to change the compensation of the chairman and members of said board; and for other purposes.
This 5 day of January, 1984.
Dean Auten Representative, 156th District
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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 Legislation was published in the Darien News which is the official organ of McIntosh County, on the following date: January 12,1984.
/s/ Dean G. Auten Representative, 156th District
Sworn to and subscribed before me, this 16th day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 29,1984.
PROBATE COURT OF WILKINSON COUNTY -- JUDGE AND EMPLOYEES -- SALARIES, PERIODIC
INCREASES.
No. 1200 (House Bill No. 1508).
AN ACT
To amend an Act placing the judge of the Probate Court of
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Wilkinson County upon an annual salary in lieu of the fee system of compensation, approved March 24, 1965 (Ga. L. 1965, p. 2520), as amended by an Act approved April 3,1972 (Ga. L. 1972, p. 3324) and an Act approved March 20, 1974 (Ga. L. 1974, p. 2224), so as to provide for salaries and a method of periodic increases in salaries for the judge of the probate court and employees of the judge; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act placing the judge of the Probate Court of Wilkinson County upon an annual salary in lieu of the fee system of compensation, approved March 24, 1965 (Ga. L. 1965, p. 2520), as amended by an Act approved April 3,1972 (Ga. L. 1972, p. 3324) and an Act approved March 20,1974 (Ga. L. 1974, p. 2224), is amended by striking in their entirety Sections 1 and 2 and inserting in their place new Sections 1 and 2 to read as follows:
"Section 1. (a) The method of compensating the judge of the Probate Court of Wilkinson County known as the fee system is abolished and, in lieu thereof, the judge shall receive an annual salary not less than that provided in Chapter 9 of Title 15 of the O.C.G.A.
(b) On and after January 1,1985, when the governing authority of Wilkinson County grants a cost-of-living increase in the compensation of county employees, the average percentage by which the compensation of county employees is increased shall be applied to the then current salary of the judge of the probate court, and the salary of the judge shall be increased by such average percentage; but if such average percentage is less than 3 percent, then a 3 percent increase shall be applied to the then current salary of the judge and the salary of said officer shall be increased by said 3 percent.
Section 2. (a) The judge of the probate court shall have the authority to appoint such clerical assistants as the judge shall deem necessary to discharge efficiently and effectively the duties of the office. The compensation of such clerical assistants shall be set by the judge with the concurrence of the governing authority of Wilkinson County. Such compensation shall be paid in equal monthly installments by the governing authority from funds of the county.
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(b) In addition to the authority granted to the judge of the probate court under subsection (a) of this section, the judge is specifically authorized to employ a full-time clerk who shall be compensated in an amount not less than $9,000.00 per year.
(c) On and after January 1,1985, when the governing authority of Wilkinson 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 clerical assistants of the judge of the probate court, and the salary of such employees shall be increased by such average percentage."
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 1984 session of the General Assembly of Georgia a bill to amend an Act placing the judge of the Probate Court of Wilkinson County upon an annual salary, approved March 24,1965 (Ga. L. 1965, p. 2520), as amended, so as to provide for salaries and a method of periodic increases in salaries for the judge of the probate court and employees of the judge; and for other purposes.
This 9th day of January, 1984.
Kenneth W. Birdsong Representative, 104th 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,
5236 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Wilkinson County News which is the official organ of Wilkinson County, on the following date: January 12, 1984.
/s/ Kenneth W. Birdsong Representative, 104th District
Sworn to and subscribed before me, this 16th day of January, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 29,1984.
PROBATE COURT OF WALKER COUNTY -- MAXIMUM COMPENSATION OF PERSONNEL
CHANGED. No. 1202 (House Bill No. 1527).
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 amended, particularly by an Act approved March 14, 1983 (Ga. L. 1983, p. 3721), so as to change the maximum amount of the compensation of the personnel of the probate court; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
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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 14, 1983 (Ga. L. 1983, p. 3721), is amended by striking Section 4, which reads 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.",
and inserting in its place a new Section 4 to 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 $25,000.00 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.
Notice is hereby given that there will be introduced at the regular 1984 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 January 27,1964, (Ga. Laws 1964, page 2014), as amended,
5238 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
said bill being for the purpose of increasing the total sum available for salaries for deputies, clerks, assistants and other personnel, this 18th day of January, 1984.
Forest Hays, Jr. Representative, 1st District, Post 2
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Forest Hays, 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 date: January 25,1984.
/s/ Forest Hays, Jr. Representative, 1st District
Sworn to and subscribed before me, this 2nd day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved March 29,1984.
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HARRIS COUNTY AIRPORT AUTHORITY ACT
No. 1203 (House Bill No. 878). AN ACT
To create and establish an airport authority in and for Harris County and to authorize such authority to acquire, construct, equip, maintain, operate, own, and improve airports and landing fields for the use of aircraft which shall include related buildings, equipment, and the usual and convenient facilities appertaining to such undertaking, and to acquire, own, and hold a fee simple title to all necessary property therefor, both real and personal, and to lease and sell any and all such facilities including real property; to confer powers and to impose duties on the authority; to provide for the membership and for the appointment of members of the authority and their term of tenure and compensation; to authorize the authority to contract with others pertaining to airports and landing fields for the use of aircraft and to execute leases of such facilities and to do all things deemed necessary or convenient for the operation of such undertaking; to authorize the issuance of revenue bonds or obligations of the authority payable from the revenues, tolls, fees, charges, and earnings of the authority, including but not limited to, earnings derived from leases and the use of the facilities, and to pay the costs of such undertakings and authorize the collection and pledging of the revenues and earnings of the authority for the payment of such bonds or obligations or to secure the payment thereof by contract, mortgage, deed to secure debt, security deed note, or trust deed, and to define the rights of the holders of such bonds and securities; to provide that no liability or debt against the County of Harris shall be incurred in the exercise of any powers granted by this Act; to make the bonds, securities, or obligations of the authority exempt from taxation; to authorize the issuance of refunding bonds, securities, or other obligations; to provide that such bonds, securities, or other obligations be validated as authorized by Article 3 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, known as the "Revenue Bond Law"; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
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Section 1. Short title. This Act may be cited as the "Harris County Airport Authority Act."
Section 2. Harris County Airport Authority. There is created a body corporate and politic to be known as the Harris County Airport Authority, which shall be deemed to be a political subdivision of the State of Georgia and a public corporation by that name, style, and title and said body may contract and be contracted with, sue and be sued, implead and be impleaded, complain and defend in all courts of law and equity, except that the authority of the trustee acting under the trust indenture provided by this Act shall in no event be liable for any torts committed by any of the officers, agents, and employees of the authority. The authority shall have perpetual existence.
Section 3. Membership. The Harris County Airport Authority shall be composed of six members who shall be appointed by the governing authority of the County of Harris as provided by this section. It shall be the duty of said governing authority to appoint the membership of the authority. The authority shall be composed of six posts to be designated as Post No. 1, Post No. 2, Post No. 3, Post No. 4, Post No. 5, and Post No. 6. The member from Post No. 1 shall be appointed initially by the governing authority of Harris County for a term of six years and until his successor is appointed and qualified. Thereafter, the governing authority as hereinafter set out shall appoint such member for a term of six years and until his successor is appointed and qualified. The member from Post No. 2 shall be appointed by the governing authority of Harris County for a term of five years and until his successor is appointed and qualified. Thereafter, the governing authority as hereinafter set out shall appoint such member for a term of six years and until his successor is appointed and qualified. The member from Post No. 3 shall be appointed by the governing authority of Harris County for a term of four years and until his successor is appointed and qualified. Thereafter, the governing authority as hereinafter set out shall appoint such member for a term of six years and until his successor is appointed and qualified. The member from Post No. 4 shall be appointed by the governing authority of Harris County for a term of three years and until his successor is appointed and qualified. Thereafter, the governing authority as hereinafter set out shall appoint such member for a term of six years and until his successor is appointed and qualified. The member from Post No. 5 shall be appointed by the governing authority of Harris County for a term of two years and until his successor is appointed and qualified.
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Thereafter, the governing authority as hereinafter set out shall appoint such member for a term of six years and until his successor is appointed and qualified. The member from Post No. 6 shall be appointed by the governing authority of Harris County for a term of one year and until his successor is appointed and qualified. Thereafter, the governing authority as hereinafter set out shall appoint such member for a term of six years and until his successor is appointed and qualified.
Section 4. Meetings. The authority shall hold their first regular meeting after the approval of this Act, and the first regular meeting of each year thereafter shall be in January. The authority shall meet at such times as may be necessary to transact the business coming before it, but not less than quarterly. At its first meeting in January of each year thereafter, the authority shall elect one of its members as its chairman and another member as secretary-treasurer. Only one person shall hold the office of secretary-treasurer. These officers shall be elected for a term ending on December 31 of the year in which they were elected or until their successors are elected and qualified. Three members of the authority shall constitute a quorum for the transaction of all business coming before it. The members of the authority shall be compensated as determined from time to time by the governing authority of said county.
Section 5. Vacancies in office. In the event of a vacancy on the authority by reason of death, resignation, or otherwise, the vacancy shall be filled by the appointing authority and the person so appointed shall serve for the remainder of the unexpired term.
Section 6. Definitions. As used in this Act, the following words and terms have the following meanings:
(1) "Authority" means the Harris County Airport Authority as created by the provisions of this Act.
(2) "Cost of the project" shall embrace the cost of construction, the cost of all lands, properties, rights, easements, and franchises acquired, the cost of all machinery, equipment, financing charges, interest prior to and during construction, cost of engineering, architectural, fiscal, and legal expenses, and of plans and specifications, and such other expenses as may be necessary or incident to the financing herein authorized, the construction of any project and improving the same, and the placing of the same
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in operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of any funds of the authority including the proceeds from any revenue bonds issued under the provisions of this Act for any such project or projects.
(3) "Project" means and includes the acquisition, construction, equipping, maintenance, improving, and operation of public airports and landing fields for the use of aircraft and related buildings and the usual and convenient facilities appertaining to such undertakings and extensions and improvements of such facilities, acquiring the necessary property, both real and personal, and the lease and sale of any part or all such facilities, including real and personal property so as to assure the efficient and proper development, maintenance, and operation of such airports and landing fields for the use of aircraft deemed by the authority to be necessary, convenient, or desirable for the operation of such airports and landing fields within the perimeter of the lands now held and owned by Harris County.
(4) "Revenue bonds," "bonds," and "obligations" as used in this Act shall mean revenue bonds as defined and provided for in Article 3 of Chapter 82 of Title 36 of the O.C.G.A., 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 any amendments thereto, and in addition shall also mean obligations of the authority the issuance of which are hereinafter authorized in this Act.
(5) Any project shall be deemed "self-liquidating" if, in the judgment of the authority, the revenues and earnings to be derived by the authority therefrom and all properties used, leased, and sold in connection therewith will be sufficient to pay the cost of operating, maintaining, and repairing, improving, and extending the project and to pay the principal and interest of the revenue bonds which may be issued to finance, in whole or in part, the cost of such project or projects.
Section 7. Powers, (a) The authority shall have power:
(1) To have a seal and alter the same at pleasure;
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(2) To acquire by purchase, lease, or otherwise, and to hold, lease, and dispose of real and personal property of every kind and character for its corporate purposes;
(3) To acquire in its own name by purchase, gift, or otherwise, on such terms and conditions and in such manner as it may deem proper, real property or rights of easements therein or franchise necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue and to lease or make contract with respect to the use of or disposition of the same in any manner it deems to the best advantage of the authority;
(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, leases, and to execute all instruments necessary or convenient including contracts for construction of projects or leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired, and any and all persons, firms, and corporations and any and all political subdivisions, departments, institutions, or agencies of the state are authorized to enter into contracts, leases, or agreements with the authority upon such terms and for such purposes as they may deem advisable; the said authority is further granted the authority to make contracts, leases, and to execute all instruments necessary or convenient with the United States government or any agency or department thereof concerning the projects of the authority, subject to the rights and interests of the holder of any of the bonds or obligations authorized to be issued hereunder, and by the resolution or trust indenture of the authority authorizing the issuance of any of its bonds or obligations as provided in Section 21 of this Act;
(6) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects, as hereinabove defined, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds or other funds of the authority or from such proceeds or other funds and any grant from the United States or any agency or instrumentality thereof;
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(7) To accept loans and grants, or to accept loans or grants of money or materials or property of any kind from the United States or any agency or instrumentality or political subdivision thereof or from any other source, upon such terms and conditions as the United States or such agency or instrumentality or other source may impose;
(8) To accept loans and grants, or to accept loans or grants of money or materials or property of any kind from the State of Georgia or any agency or instrumentality or political subdivision thereof or from any other source, upon such terms and conditions as the State of Georgia or such agency or instrumentality or political subdivision or any other source may impose;
(9) To borrow money for any of its corporate purposes and to execute evidences of such indebtedness and to secure the same and to issue negotiable revenue bonds payable solely from funds pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof;
(10) To exercise any power usually possessed by private corporations performing similar functions, which is not in conflict with the Constitution and laws of this state, except the right of eminent domain; and
(11) To do all things necessary or convenient to carry out the powers especially given in this Act.
(b) The authority and the trustees acting under the trust indenture, are specifically authorized subject from time to time to sell, lease, grant, exchange, or otherwise dispose of any surplus property, both real or personal, or interest therein not required in the normal operation of and usable in the furtherance of the purpose for which the authority was created, except as such right and power may be limited as provided in Section 2 and Section 21 hereof.
Section 8. Revenue bonds. The authority, or any authority or body which has or which may in the future succeed to the powers, duties, and liabilities vested in the authority created hereby, shall have power and is authorized at one time, or from time to time, to provide by resolution for the issuance of negotiable revenue bonds, 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
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revenue bonds shall be payable solely from the special funds herein provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates as may be authorized by the authority from time to time, shall be payable semiannually, shall mature at such time or times not exceeding 30 years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the authority, and may be made redeemable before maturity at the option of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution providing for the issuance of the bonds. Such revenue bonds or obligations shall be issued pursuant to and in conformity with Article 3 of Chapter 82 of Title 36 of the O.C.G.A., known as the "Revenue Bond Law," and all procedures pertaining to such issuance and the conditions thereof shall be the same as those contained in said Revenue Bond Law and any amendments thereof.
Section 9. Form, denominations, registration, place of payment. The authority shall determine the form of the bonds and the place or places of payment of principal thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereof, which may be at any bank or trust company inside or outside the state. The bonds may be issued in coupon or registered form, or both, as the authority may determine and provision may be made for the registration of any coupon bond as to principal alone and also as to both the principal and interest.
Section 10. 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 attested by the secretary-treasurer of the authority and the official seal of the authority shall be affixed thereto and any coupons attached thereto shall bear the facsimile signatures of the chairman and secretary-treasurer of the authority. Any bond may be signed, sealed, and attested on behalf of the authority by such persons as at the actual time of the execution of such bonds shall be duly authorized or hold the proper office, although at the date of delivery and payment of such bonds such persons may not have been so authorized or shall not have held such office.
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Section 11. 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 law of the state. Such bonds are declared to be issued for an essential public and governmental purpose and the said bonds, their transfer, and the income thereof shall be exempt from all taxation within the state.
Section 12. Sale, price. The authority may sell such bonds in such manner and for such price as it may determine to be for the best interest of the authority, but no such sale shall be made at a price less than par as provided in the Revenue Bond Law unless said Revenue Bond Law be hereafter amended to permit the sale of such bonds at less than par.
Section 13. 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 for the cost of the project or projects which, unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, shall be deemed to be of the same issue and shall be entitled to payment from the same fund without preference or priority of the bonds first issued for the same purposes. 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 a sinking fund or used for additional construction as may be provided in the resolution authorizing the issuance of the bonds or in the trust indenture.
Section 14. Interim receipts and certificates or temporary bonds. Prior to the preparation of definitive bonds, the authority may, under like restrictions issue interim receipts, interim certificates, or temporary bonds, with or without coupons exchangeable for definitive bonds upon the issuance of the latter.
Section 15. Replacement of lost or mutilated bonds. The authority may also provide for the replacement of any bond which shall become mutilated or be destroyed or lost.
Section 16. Conditions precedent to insurance, object of issuance. Such revenue bonds may be issued without any other proceed-
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ings or the happenings of any other conditions or things than those proceedings, conditions, and things which are specified or required by this Act. In the discretion of the authority, revenue bonds of a single issue may be issued for the purpose of any particular project. Any resolution providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special or adjourned meeting of the authority by a majority of the quorum as provided in this Act.
Section 17. Credit not pledged. Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of Harris County, or any municipality therein, but such bonds shall be payable solely from the funds hereinafter provided for and the issuance of such revenue bonds shall not directly, indirectly, or contingently obligate the said county or any municipality therein, 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 18. Trust indenture as security. In the discretion of the authority, any issue of such revenue bonds may be secured by a trust indenture by and between the authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company inside or outside of the state. Such trust indenture may pledge or assign fees, tolls, revenues, and earnings to be received by the authority, including the proceeds derived from the sale from time to time of any surplus property of the authority, both real and personal. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the 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 property, and the custody, safeguarding, and application of all moneys, including the proceeds derived from the sale of property of the authority, both real and personal. The resolution may 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
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contractors and by any depository of the proceeds of the bonds or revenues or other moneys be satisfactory to such purchasers, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this state to act as such depository and to furnish such indemnifying bonds or pledge such securities as may be required by the authority. Such indenture may set forth the rights and remedies of the bondholders and of the trustee, and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation, and repair of the project affected by such indenture.
Section 19. To whom proceeds of bonds shall be paid. The authority shall, in the resolution providing for the issuance of revenue bonds or in 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 resolutions or trust indentures may provide.
Section 20. Sinking fund. The revenues, fees, tolls, and earnings derived from any particular project or projects, regardless of whether or not such fees, earnings, and revenues were produced by a particular project for which bonds have been issued and any moneys derived from the sale of any properties, both real and personal of the authority, unless otherwise pledged and allocated, may be pledged and allocated by the authority to the payment of the principal and interest on revenue bonds of the authority as the resolution authorizing the issuance of the bonds or in the trust instrument may provide, and such funds so pledged from whatever source received, which said pledge may include funds received from one or more of 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 agent or agents for paying interest and principal,
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and (4) any premium upon bonds retired by call or purchase as hereinabove provided. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be a fund for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or in the trust indenture, surplus moneys in the sinking fund may be applied to the purchase or redemption of bonds and any such bonds so purchased or redeemed shall forthwith be canceled and shall not again be issued.
Section 21. Remedies of bondholders. Any holder of revenue bonds issued under the provisions of this Act or any of the coupons appertaining thereto, and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings protect and enforce any and all rights under the laws of the State of Georgia or granted hereunder or under such resolution or trust indenture, and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture, to be performed by the authority, or any officer thereof, including the fixing, charging, and collecting of revenues, fees, tolls, and other charges for the use of the facilities and services furnished.
Section 22. 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 23. Validation. Bonds of the authority shall be confirmed and validated in accordance with the procedures of said Revenue Bond Law. The petition for validation shall also make party defendant to such action any municipality, county, authority, subdivision, or instrumentality of the State of Georgia or the United States government or any department or agency of the United States
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government, if subject to be sued, which has contracted with the authority for the services and facilities of the project for which bonds are to be issued and sought to be validated; and such municipality, county, authority, subdivision, or instrumentality shall be required to show cause, if any, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the validity of the terms thereof be determined and the contract or contracts adjudicated as security for the payment of any such bonds of the authority. The bonds, when validated, and the judgment of validation shall be final and conclusive with respect to such bonds, against the authority issuing the same, and any municipality, county, authority, subdivision, or instrumentality of the United States government if a party to the validation proceedings, contracting with the said Harris County Airport Authority.
Section 24. 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 Harris 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 original jurisdiction of such actions.
Section 25. Interest of bondholders protected. While any of the bonds issued by the authority remain outstanding, the powers, duties, or existence of said authority or of its officers, employees, or agents shall not be diminished or impaired in any manner that will affect adversely the interest and rights of the holders of such bonds, and no other entity, department, agency, or authority will be created which will compete with the authority to such an extent as to affect adversely the interest and rights of the holders of such bonds, and upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds.
Section 26. Moneys received considered trust funds. All moneys received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenues, income, fees, and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act.
Section 27. Purpose of the authority. Without limiting the generality of any provisions of this Act the general purpose of the authority is declared to be that of acquiring, constructing, equipping,
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maintaining, improving, and operating airports and landing fields for the use of aircraft, including any related buildings and the usual and convenient facilities appertaining to such undertakings and extensions and improvements of such facilities, acquiring the necessary property therefor, both real and personal, and to lease or sell any or all of such facilities including real property and to do any and all things deemed by the authority necessary, convenient, or desirable for and incident to the efficient and proper development and operation of such types of undertakings.
Section 28. Rates, charges, and revenues; use. The authority is authorized to prescribe and fix and collect rates, fees, tolls, and charges, and to revise from time to time and collect such rates, fees, tolls, and charges for the services, facilities, or commodities furnished, including leases, concessions, or subleases on its lands or facilities, and in anticipation of the collection of the revenues and income of such undertakings or projects.
Section 29. 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 airports and landing fields for the use of aircraft shall be furnished.
Section 30. 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 31. Liberal construction of Act. This Act being for the purpose of promoting the health, morals, and general welfare of the citizens of the United States, of the State of Georgia, and of Harris County, shall be liberally construed to effect the purposes hereof.
Section 32. Eminent domain. Through the use and power of eminent domain, the authority shall have the right, power, privilege, and authority to condemn real property and rights of way of easement. For the purpose of carrying out the provisions of this Act, any such condemnation shall be conducted in accordance with the laws of this state.
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Section 33. Effect of partial invalidity of Act. The provisions of this Act are severable, and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions.
Section 34. Effective date. This Act shall become effective when the board of commissioners of Harris County appoints the full membership of the authority.
Section 35. 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, a bill to create an airport authority for Harris County; a bill to create a business license for Harris County; to provide for related matters; to repeal conflicting laws; and for other purposes.
This 18th day of January, 1983.
Harris County Commissioners
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. Randolph Phillips, who, on oath, deposes and says that he is Representative from the 93rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Harris County Journal which is the official organ of Harris County, on the following dates: January 20, February 17,24,1983.
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Is! W. Randolph Phillips Representative, 93rd 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 29,1984.
CITY OF LOGANVILLE -- QUALIFICATIONS OF RECORDER -- MAXIMUM AMOUNT OF FINES AND
FORFEITURES.
No. 1204 (House Bill No. 857).
AN ACT
To amend an Act reincorporating the City of Loganville and creating a new charter for said city, approved April 7, 1972 (Ga. L. 1972, p. 4061), as amended by an Act approved April 19,1973 (Ga. L. 1973, p. 3867), so as to change the qualifications of the recorder; to change the maximum amount of fines and forfeitures which may be imposed for violations of ordinances; 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 Loganville and creating a new charter for said city, approved April 7, 1972 (Ga. L.
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1972, p. 4061), as amended by an Act approved April 19,1973 (Ga. L. 1973, p. 3867), is amended by striking subsection (a) of Section 7.02 which reads as follows:
"(a) No person shall be qualified or eligible to serve as recorder unless he shall have attained the age of 21 years, and shall be qualified to vote in Loganville and Walton or Gwinnett County. The recorder shall be appointed by the council, and shall serve at the discretion of the council. The compensation of the recorder shall be fixed by the council.",
in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) No person shall be qualified or eligible to serve as recorder unless he shall have attained the age of 21 years. The recorder shall be appointed by the council and shall serve at the discretion of the council. The compensation of the recorder shall be fixed by the council."
Section 2. Said Act is further amended by striking Section 7.03 which reads as follows:
"Section 7.03. Jurisdiction. Be it further enacted, that the recorder shall have power to impose fines, costs and forfeitures for the violation of any ordinance of the City of Loganville passed in accordance with this charter, to an amount not to exceed five hundred dollars ($500.00), to imprison offenders for a period of not more than sixty (60) days, or at labor on the roads and streets or other public works of said city for not more than sixty (60) days; and the said recorder shall have the power and authority to impose any one or more of these punishments when he shall find that the facts of the case so justify. Said recorder shall not have the authority to inflict a greater punishment for contempt than to impose a fine of one hundred dollars ($100.00) or imprisonment not exceeding twenty (20) days, or any combination of the two. He shall be to all intents and purposes a justice of the peace, so far as to enable him to issue warrants for offenses committed within the limits of the City of Loganville which warrants may be executed by any officer of said city, and to commit the offenders to jail or admit them to bail in bailable cases for their appearance at the next term of court of competent jurisdiction to be held in said city. The recorder's court shall also have concurrent jurisdiction with that of the justice of the peace over
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offenses against the criminal laws of the State committed within the corporate limits. Except as may herein otherwise be 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 Loganville. The recorder's court is specifically invested with all jurisdiction and powers throughout the entire area within the corporate limits granted by State laws generally to mayors and recorders, and police courts, and particularly such laws as authorize the abatement of nuisances. Said recorder is hereby authorized to administer oaths.",
in its entirety and inserting in lieu thereof a new Section 7.03 to read as follows:
"Section 7.03. Jurisdiction. The recorder shall have power to impose fines, costs, and forfeitures for the violation of any ordinance of the City of Loganville 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 60 days, or at labor on the roads and streets or other public works of said city for not more than 60 days; and the 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. The recorder shall not have the authority to inflict a greater punishment for contempt than to impose a fine of $100.00 or imprisonment not exceeding 20 days, or any combination of the two. He shall be to all intents and purposes a justice of the peace, so far as to enable him to issue warrants for offenses committed within the limits of the City of Loganville which warrants may be executed by any officer of said city, and to commit the offenders to jail or admit them to bail in bailable cases for their appearance at the next term of court of competent jurisdiction to be held in said city. The recorder's court shall also have concurrent jurisdiction with that of the justice of the peace over offenses against the criminal laws of the state committed within the corporate limits. Except as may otherwise be specified in this Act, the recorder is vested with all of the jurisdiction and powers as to the entire area within the corporate limits of the City of Loganville. The recorder's court is specifically invested with all jurisdiction and powers throughout the entire area within the corporate limits granted by state laws generally to mayors and recorders and police courts, and particularly such laws as authorize the abatement of nuisances. The recorder shall be authorized to administer oaths."
5256 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 amend an Act reincorporating the City of Loganville in the Counties of Walton and Gwinnett and creating a new charter for said city, approved April 7,1972, (Georgia L. 1972, p. 4061) as amended, so as to change certain provisions relative to the Recorder's Court; and for other purposes.
This 3rd day of February, 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 February 8,15, and 22,1983.
/s/ James F. Milhous, Jr. Publisher
Sworn to and subscribed before me, this 22nd day of February, 1983.
/s/ Jean F. Head Notary Public. My Commission Expires April 20, 1985. (Seal).
Approved March 29,1984.
GEORGIA LAWS 1984 SESSION
5257
STATE COURT OF JEFF DAVIS COUNTY CREATED -- JURISDICTION, PROCEDURE, QUALIFICATIONS AND ELECTION OF JUDGE, ETC.
No. 1296 (House Bill No. 1625).
AN ACT
To create the State Court of Jeff Davis County; to provide for jurisdiction and procedure; to provide for a judge and his powers; to provide for the election, term, qualifications, and compensation of the judge; to provide for a solicitor and his powers; to provide for the election, term, qualifications, and compensation of the solicitor; to provide for a judge pro tempore and a solicitor pro tempore; to provide for a sheriff, a clerk, and deputy clerks; to provide for terms; to provide for court rules and records; to provide for jury trials; to provide for the reporting of cases; to provide for court costs; to provide for the handling of unclaimed funds; to provide for offices and clerical assistance; 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 Jeff Davis County. The court shall be located in the City of Hazlehurst and shall have territorial jurisdiction coextensive with the limits of Jeff Davis County.
Section 2. Jurisdiction. The State Court of Jeff Davis County shall have such jurisdiction as provided by general law.
Section 3. Judge; election; term. There shall be one judge of the State Court of Jeff Davis County. The initial judge shall be appointed by the Governor for a term to expire December 31, 1984. After the initial appointment, the judge shall be elected at the 1984 general
5258 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
election to take office on January 1 for a term of four years or until a successor is elected and qualified. Future successors shall likewise be elected quadrennially as provided by law.
Section 4. Holding additional offices; compensation of judge, (a) The office of judge of the State Court of Jeff Davis County shall be a part-time position. The judge may hold any additional office except those which he is expressly prohibited by law from holding.
(b) The judge shall be compensated by an annual salary to be fixed by the governing authority of Jeff Davis County in an amount not less than $10,000.00. In the year in which the term of office of the judge shall expire, it shall be the duty of the governing authority of Jeff Davis County, on or before the first day of July, to fix the salary of the judge of state court for the next ensuing term of office of such judge. If no salary is fixed, then the salary shall remain the same for the ensuing term. The salary fixed by the governing authority shall not be diminished during a term of office. The salary of the judge of the state court shall be paid in equal monthly installments from county funds. The governing authority may supplement the salary of the state court judge, but no such supplement may be diminished during a term of office.
Section 5. Powers of judge. The judge of the state court is granted the same powers and authority as held by judges of superior court and shall be bound by all laws relating to judges of superior court, except where inconsistent with general law or this Act.
Section 6. Judge pro tempore. The judge of the state court is authorized to appoint a competent and disinterested person meeting the qualifications for a judge of the state court to preside in place of the judge if the judge is unable to discharge the duties of his office due to providential cause or if he is disqualified or prevented from presiding in any case. When the appointment is entered on the minutes of the court, such person shall be empowered to exercise all functions and powers of the judge and shall be known as the judge pro tempore. The judge pro tempore shall be paid a reasonable compensation for actual services. Such compensation shall be set by the governing authority of Jeff Davis County and paid from county funds. The judge pro tempore may practice law in all courts including the state court, except in those cases over which he has presided or exercised any jurisdiction.
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Section 7. Solicitor; election; term; duties, (a) The initial solicitor of the State Court of Jeff Davis County shall be appointed by the Governor for a term to expire December 31,1984. After the initial appointment, the solicitor shall be elected at the 1984 general election for a term of four years or until a successor is elected and qualified. A solicitor shall take office on January 1 following the election. Future successors shall likewise be elected quadrennially or until a successor is elected and qualified.
(b) The solicitor shall represent the state in all criminal cases before the state court and in all appeals therefrom. Where not otherwise prohibited by law, the solicitor, when directed by the Juvenile Court of Jeff Davis County, shall represent the state's interests in cases before such court alleging delinquency, unruliness, or deprivation and in all appeals therefrom. When acting in such juvenile cases, the solicitor shall have the same power and authority as the district attorney for Jeff Davis County.
Section 8. Solicitor; compensation, (a) The office of solicitor of the State Court of Jeff Davis County shall be a part-time position.
(b) The solicitor shall be compensated by an annual salary to be fixed by the governing authority of Jeff Davis County in an amount not less than $10,000.00. Such compensation shall be for services rendered in both the state and juvenile courts.
(c) In the year in which the term of office of the solicitor shall expire, it shall be the duty of the governing authority of Jeff Davis County, on or before the first day of July, to fix the salary of the solicitor of the State Court of Jeff Davis County for the next ensuing term of office of such solicitor. If no salary is fixed, then the salary shall remain the same for the ensuing term. The salary fixed by the governing authority shall not be diminished during a term of office. The salary of the solicitor of the state court shall be paid in equal monthly installments from county funds. The governing authority may supplement the salary of the solicitor, but no such supplement may be diminished during a term of office.
Section 9. Solicitor pro tempore. If the solicitor, due to providential cause, is unable to discharge the duties of his office, the judge is authorized to appoint a person meeting the qualifications for solicitor to perform the duties of the solicitor until such time as the solicitor is able to perform such duties. Such solicitor pro tempore
5260 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
shall receive reasonable compensation for actual services. Such compensation shall be determined by the governing authority of Jeff Davis County and paid from county funds.
Section 10. Sheriff of state court. The sheriff of Jeff Davis County and his deputies shall act as sheriff and deputy sheriff for the State Court of Jeff Davis County.
Section 11. Clerk. The clerk of the Superior Court of Jeff Davis County shall act as clerk of the State Court of Jeff Davis County for a term concurrent with the term of the clerk of superior court. The clerk shall be compensated by an annual salary to be fixed by the governing authority of Jeff Davis County in an amount not less than $1,200.00. In the year in which the term of office of the clerk of superior court shall expire, it shall be the duty of the governing authority of Jeff Davis County, on or before the first day of July, to fix the salary of the clerk of the State Court of Jeff Davis County for the next ensuing term of office of such clerk. If no salary is fixed, then the salary shall remain the same for the ensuing term. The salary fixed by the governing authority shall not be diminished during a term of office. The salary of the clerk of the state court shall be paid in equal monthly installments from county funds.
Section 12. Deputy clerks. The clerk shall have the power to appoint such number of deputy clerks as are needed to handle efficiently the business of the court. The number of deputy clerks shall first be authorized by the governing authority of Jeff Davis County. Deputy clerks shall hold office at the pleasure of the clerk and the governing authority of Jeff Davis County. Deputy clerks shall exercise all the functions and be subject to all the responsibilities and requirements of the clerk. The compensation of deputy clerks shall be fixed by the governing authority of Jeff Davis County.
Section 13. Clerk; deputies; powers, (a) All the requirements, duties, powers, and authority imposed by law and conferred upon the clerks of the superior courts shall be obligatory upon and shall be vested in the clerk of the State Court of Jeff Davis County, except where inconsistent with general law or this Act.
(b) The clerk and deputy clerks shall have power and authority to issue civil and criminal warrants, to issue summary processes and writs which are issuable as a matter of right, to accept and approve bonds, to accept bond forfeitures, and to discharge any and all other
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functions ministerial in character which under the laws of this state are performable by a clerk of the superior court and not prohibited by law.
Section 14. Court records. The clerk of the state court shall not be required to keep a book of final records but shall see that the records are preserved in suitable files with all original papers in each case. The files shall not be removed from the clerk's office except upon order of the judge of the state court and upon good cause shown and then only upon receipt given by counsel. Such removal from the clerk's office shall not continue for a longer period than five days.
Section 15. Rules, (a) All warrants, summary processes, and writs issuing from the State Court of Jeff Davis County shall be returnable to such court, unless required by law to be returnable to superior court, in the same manner and under the same rules as such writs are required to be returned to the superior courts.
(b) The judge of the State Court of Jeff Davis County is empowered to promulgate the rules and regulations not inconsistent with general law allowing a defendant charged with a traffic offense to appear and dispose of such case under such rules and regulations so promulgated.
Section 16. Terms of court. The terms of court of the State Court of Jeff Davis County shall be the second Monday in January, the second Monday in May, and the second Monday in September. Dates for arraignments, guilty pleas, noncontested civil matters, and nonjury matters shall be set by the judge. The judge may, in his discretion, hold special terms when business requires it to close the dockets and may in the exercise of a sound discretion cause new juries to be drawn for the same or order the juries drawn for the regular term to give attendance upon such special terms.
Section 17. Juries, (a) All laws of this state with reference to the drawing, selecting, and summoning of traverse jurors in the courts of this state shall apply to the State Court of Jeff Davis County. For the trial of any case in the Superior Court of Jeff Davis County or the State Court of Jeff Davis County requiring the use of jurors, a jury pool is created. Jury lists shall be drawn and prepared and jurors summoned in the same manner and from the same pool of jurors as for the Superior Court of Jeff Davis County.
5262 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(b) Except as provided in this Act, all laws with reference to the qualifications, empaneling, challenging, and compensation of jurors in superior courts shall apply to and be observed in the State Court of Jeff Davis County.
(c) All jury trials in the state court shall be by a jury of six. The jury of six shall be selected from a panel of 12 qualified jurors drawn and summoned with each side in a civil case being entitled to three peremptory challenges. In all criminal matters, 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. The remaining six jurors shall serve as the trial jury.
Section 18. Trial by jury; waiver. Every case in the State Court of Jeff Davis County shall be tried by a jury unless a written waiver or oral announcement of waiver of trial by jury is announced by all parties involved in litigation, whether civil or criminal.
Section 19. Reporting of cases. The judge of the State Court of Jeff Davis County shall have the same authority as the judge of the Superior Court of Jeff Davis County to order a case reported and he may direct the case reported when either party or counsel requests it or, in the discretion of the judge, when the ends of justice require that the case be reported. Whenever a civil case is reported, either by agreement of parties or counsel or by direction of the court, the cost of such reporting shall be taxed equally against the parties to the case except as herein provided and shall be assessed as costs in the case under the same rules as prevail in the superior court.
Section 20. Court costs, (a) The costs in civil cases shall be the same as prescribed by general law for superior courts.
(b) The costs on all criminal cases shall be the same as the costs on all criminal cases in the Superior Court of Jeff Davis County.
(c) All fees, fines, costs, and other moneys shall be collected by the proper officers of the court and once a month shall be turned over to the governing authority of Jeff Davis County and shall become and be the property of Jeff Davis County.
Section 21. Unclaimed funds held by clerk or sheriff, (a) Whenever the clerk of the State Court of Jeff Davis County shall have in the registry of the court any money, funds, or credits which have
GEORGIA LAWS 1984 SESSION
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remained there for a period of six months after all litigation in connection with such money, funds, or credits has been fully and finally disposed of by the state court or by an appellate court, it shall be the duty of the clerk to notify the person whose property the records of the court indicate that the property belongs to by registered or certified letter addressed to the person at the best obtainable address that such money, funds, or credits remain with the court. The clerk shall also state in the notice that the person has ten days to claim such funds. After ten days have expired, if no claim is made, the clerk shall pay the funds into the treasury of Jeff Davis County. The clerk, at the time of paying over such funds to the treasury, shall give to the county authorities having control of the funds of the county full information in writing as to the case or matter in connection with which such funds arose and the name of the person, firm, or corporation indicated by the records of the court to be the owner of such funds. Any expense incurred by the clerk in complying with this section shall be deducted from the funds which were paid over.
(b) Whenever the sheriff of Jeff Davis County shall have in his custody any property or effects which have come into his possession by law or seizure by virtue of any process or papers properly placed in his hands for execution, whether the levy was made by him or his deputy, which has been in his hands for a period of six months after all litigation concerning the same has been disposed of in the State Court of Jeff Davis County and on appeal from that court, and it is unclaimed by any person, it shall be the duty of the sheriff to give notice by registered or certified mail to the owner of such property, if the name of such owner can be ascertained by reasonable inquiry, at the best obtainable address of such owner. The notice shall specify the property and warn the owner that the same will be sold unless the property is claimed within ten days from the mailing of such notice. If after ten days from the mailing of such notice, no claim to the property is made, the sheriff shall advertise the same for sale as unclaimed property. The advertisement shall specify the process under which the property was seized. The advertisement shall be published as are other advertisements of property levied upon under process of the state court. The proceeds of such sale shall be paid by the sheriff into the treasury of Jeff Davis County; provided, however, that the sheriff, at the time of paying over the proceeds, shall give to the county authorities having charge of the funds of the county full information in writing as to the process under which the property was seized and as to the nature of the property which was sold.
5264 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(c) The county authorities having charge of the funds of the county shall keep any funds paid over either by the clerk or by the sheriff in a separate account for a period of 12 months after the same is received. Should any person claim the fund within such period of 12 months, such claimant shall file an affidavit of ownership with the county authorities having charge of the funds of the county and shall give bond in double the amount of the money claimed with good security to be approved by the county authorities. The bond shall be conditional to answer any demand thereon that may be proved and established in any court of this state within a period of two years from the date of the bond and shall be payable to the county authority having charge of the fund. Upon the making and filing of the affidavit and bond, the fund shall be delivered to the claimant. If no claim is filed to the funds within a period of 12 months from the time it is received by the county authority, the same shall be taken out of the special account and be put in the general funds of Jeff Davis County and become the property of Jeff Davis County. In case conflicting claims are made to any funds, it shall be the duty of the county authorities having charge of the funds to require the claimants to litigate their claim in the State Court of Jeff Davis County and to hold the fund and pay out the same according to the final results of such litigation; provided, however, all such litigation must be instituted within a period of 12 months from the time said money is paid into the treasury of Jeff Davis County and provided, also, that the jurisdiction to hear and determine such claims is expressly conferred upon the State Court of Jeff Davis County regardless of the amount involved and regardless of the residence of the parties. The final order of the state court shall specify which person has established his right thereto. In case the result of the litigation should be that neither of the claimants is entitled to the funds, the county authorities having control of the funds shall continue to hold the same as unclaimed money and dispose of the same as provided in this subsection.
Section 22. Quarters, secretarial and clerical assistance. It shall be the duty of the governing authority of Jeff Davis County to provide quarters for the state court in the courthouse of Jeff Davis County and to provide such secretarial and clerical assistance to the state court judge and solicitor as may be determined to be necessary or desirable in the opinion of the governing authority. The governing authority is authorized to expend such funds as it deems necessary to construct and maintain permanent quarters for the court and to provide such secretarial and clerical assistance, jj
GEORGIA LAWS 1984 SESSION
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Section 23. Effective date. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 24. Repealer. All laws and parts of laws in conflict with this Act are repealed.
Notice of Intent to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1984 session of the General Assembly of Georgia a bill to create and establish the State Court of Jeff Davis County, to provide for all related matters and other purposes.
This 1st day of February, 1984.
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Roger C. 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 Legislation was published in the Jeff Davis County Ledger which is the official organ of Jeff Davis County, on the following date: February 1, 1984.
/s/ Roger C. Byrd Representative, 153rd District
5266 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 13th day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved April 4,1984.
PEYTON S. HAWES MEMORIAL BRIDGE DESIGNATED.
No. 91 (House Resolution No. 695). A RESOLUTION
Designating the bridge on Georgia Highway 72 which spans Russell Lake and the Savannah River Basin as the Peyton S. Hawes Memorial Bridge; and for other purposes.
WHEREAS, Honorable Peyton S. Hawes of Elberton, Georgia, began five decades of public service to his state and community by his election to the Georgia General Assembly in 1930 at the age of 27; and
WHEREAS, he served one term in the Georgia House of Representatives and three terms in the Georgia Senate; and
WHEREAS, he served as state revenue commissioner from 1967 to 1970; and
WHEREAS, Mr. Hawes served as Justice of the Georgia Supreme Court from 1970 through 1973; and
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WHEREAS, Justice Hawes has devoted substantial amounts of his time, energy, and resources to the 40 year effort to develop the Savannah River Basin through the planning and construction of the Clark Hill, Hartwell, and Richard B. Russell Dams and Reservoirs; and
WHEREAS, he served as chairman of the steering committee for the Russell Dam which allowed him to renew his commitment to both his Georgia home of Elbert County and the State of South Carolina which has been home to much of his family and to which he has maintained close ties; and
WHEREAS, his constant guiding principle expressed to those who have worked with him has been "Great things can be accomplished if you don't worry about who gets the credit"; and
WHEREAS, outstanding accomplishments have been realized for his state and community by and through his efforts; and
WHEREAS, it is the sense of this General Assembly that it is now timely to recognize the contributions of Justice Peyton S. Hawes to his state and community; and
WHEREAS, it is appropriate that the recently completed bridge on Georgia Highway 72 which spans the Russell Lake and which joins both his home state of Georgia and his ancestral home state of South Carolina be named for this distinguished citizen.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the bridge on Georgia Highway 72 spanning Lake Russell and the Savannah River Basin is dedicated in honor of Justice Peyton S. Hawes in recognition of his long and distinguished service to the State of Georgia and shall be designated as the Peyton S. Hawes Memorial Bridge.
BE IT FURTHER RESOLVED that the Department of Transportation is directed to place and maintain appropriate markers at said bridge designating it as the Peyton S. Hawes Memorial Bridge.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is instructed to transmit an appropriate copy of this resolution to Honorable Peyton S. Hawes and a copy to the commissioner of transportation.
Approved April 4,1984.
5268 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
PROBATE COURT OF CLAYTON COUNTY -- APPEALS -- JURY TRIALS, ETC.
No. 1320 (House Bill No. 1605).
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, so as to provide that appeals from the Probate Court of Clayton County shall be taken directly to the Court of Appeals or Supreme Court rather than to the Superior Court of Clayton County; to provide for jury trials in the Probate Court of Clayton County; 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 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, is amended by adding a new Section 1A immediately following Section 1 to read as follows:
"Section 1A. (a) The provisions of this section shall apply only to practice and procedure in the Probate Court of Clayton County whenever the judge of said court shall have engaged in the practice of law for three years as provided in Code Section 15-9-4 of the O.C.G.A.
(b) There shall be no appeal to superior court from the Probate Court of Clayton County. Appeals from the Probate Court of Clayton County shall be taken directly to the Court of Appeals or the Supreme Court in the same manner in which appeals are taken to said courts from the superior courts.
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(c) Any party to any proceeding in the Probate Court of Clayton County shall be entitled to demand a jury trial as to any issue upon which such a party would be authorized to demand a jury trial when appealing to the superior court from a probate court which does not have a judge who has been engaged in the practice of law for three years. The statutes and rules governing selection and impaneling of juries in the superior courts shall govern the selection and impaneling of juries in the Probate Court of Clayton County.
(d) This section shall apply only to proceedings instituted on or after July 1,1984."
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 1984 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 1,1950, (Ga. L. 1950, p. 2068), as amended; and for other purposes.
This 31st day of January, 1984.
The Clayton County Legislative Delegation
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Frank I. Bailey, 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 date: January 31,1984.
5270 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
/s/ Frank I. Bailey Representative, 72nd District
Sworn to and subscribed before me, this 10th day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved April 5,1984.
DOUGLAS COUNTY -- BOARD OF ELECTIONS CREATED.
No. 1338 (House Bill No. 1581). AN ACT
To provide a board of elections for Douglas County; to define its powers and duties concerning primaries and elections; to provide a method for appointment, resignation, and removal of its members; to provide for the qualifications and terms of its members; to provide for a chairman, clerical assistants, and other employees; to provide for compensation of such persons and the members of the board; to relieve the judge of the probate court from certain responsibilities; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia: Section 1. There is created a board of elections for Douglas County which shall have jurisdiction over the conduct of primaries and elections in such county.
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Section 2. The board of elections shall be composed of three members, each of whom shall be an elector and resident of the county and who shall be appointed as provided in this section. One member of the board of elections shall be appointed by the political party which received the highest number of votes within the county for its candidate for Governor in the general election immediately preceding the appointment of the member, and one member of the board of elections shall be appointed by the political party which received the second highest number of votes within the county for its candidate for Governor in the general election immediately preceding the appointment of the member. Each of the two appointments by political parties shall be made as follows: the member shall be nominated by the chairman and ratified by the county executive committee of each of the above-designated political parties at least 30 days before the beginning of the term of office or within 30 days after the creation of a vacancy in the office. The remaining member of the board shall be selected by the county governing authority. In making the initial appointments to the board, the members shall be selected within 30 days following the effective date of this Act. Initial members of the board shall serve until December 31,1986, and until their successors are duly appointed and qualified. Thereafter, successors shall be appointed for terms of four years and until their successors are duly appointed and qualified. The member selected by the county governing authority shall serve as chairman of the board.
Section 3. No person who holds elective public office shall be eligible to serve as a member during the term of such elective office, and the position of any member shall be deemed vacant upon such member qualifying as a candidate for elective public office.
Section 4. Certification of the appointment of each member shall be made by the governing authority of the county filing an affidavit with the clerk of the superior court no later than 15 days preceding the date at which such member is to take office, stating the name and residential address of the person appointed and certifying that such member has been duly appointed as provided in this Act. The clerk of the superior court shall record each of such certifications on the minutes of the court and shall certify the name of each such appointed member to the Secretary of State and provide for the issuance of appropriate commissions to the members within the same time and in the same manner as provided by law for registrars.
5272 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 5. Each member of the board shall be eligible to succeed himself, shall have the right to resign at any time by giving written notice of his resignation to the appointing body and to the clerk of the superior court, and shall be subject to removal from the board at any time, for cause after notice and hearing, in the same manner and by the same authority as provided for removal of registrars.
Section 6. In the event a vacancy occurs in the office of any appointed member before the expiration of his term, by removal, death, resignation, or otherwise, the original appointing body shall appoint a successor to serve the remainder of the unexpired term as provided for in Section 2 of this Act. The clerk of the superior court shall be notified of interim appointments and record and certify such appointments in the same manner as the regular appointment of members.
Section 7. Before entering upon his duties, each member shall take substantially the same oath as required by law for registrars and shall have the same privileges from arrest.
Section 8. The board of elections shall:
(1) With regard to the preparation for, conduct, and administration of elections, succeed to and exercise all duties and powers granted to and incumbent upon the judge of the probate court pursuant to Title 21 of the Official Code of Georgia Annotated or any other provision of law;
(2) With regard to preparation for and conduct of primaries, succeed to all the duties and powers granted to and incumbent upon the judge of the probate court by Title 21 of the Official Code of Georgia Annotated; and
(3) Formulate, adopt, and promulgate rules and regulations, consistent with law and the rules and regulations of the state executive committee of each political party, governing the conduct of primaries to the end that, insofar as practicable, all primaries shall be uniformly conducted by the board of elections, poll workers shall be properly trained, and voters shall be adequately informed and instructed. Any rule or regulation promulgated by a county executive committee under the provisions of Code Section 21-2-111 of the Official Code of Georgia Annotated shall be null and void if in conflict with a valid rule or regulation of the board of elections.
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Section 9. The board shall be responsible for the selection, appointment, and training of poll workers in elections and such workers shall be appointed, insofar as practicable, from lists provided to the board by the county executive committee of each political party.
Section 10. Thirty days after the effective date of this Act, the judge of the probate court shall be relieved from all powers and duties to which the board of elections succeeds by the provisions of this Act and shall deliver thereafter to the chairman of the board, upon his written request, the custody of all equipment, supplies, materials, books, papers, records, and facilities of every kind pertaining to such powers and duties.
Section 11. The chairman of the board of elections shall be the chief executive officer of the board of elections and shall generally supervise, direct, and control the administration of the affairs of the board of elections pursuant to law and duly adopted resolutions of the board of elections. The board of elections shall fix and establish by appropriate resolution entered on its minutes directives governing the execution of matters within its jurisdiction.
Section 12. Compensation for the members of the board of elections, clerical assistants, and other employees shall be such as may be fixed by the governing authority of the county. Said compensation shall be paid wholly from county funds.
Section 13. The governing authority of the county shall provide the board with such proper and suitable offices and with such clerical assistants and other employees as the governing authority shall deem appropriate.
Section 14. The words "election," "elector," "political party," "primary," "public office," "special election," and "special primary" shall have the same meaning ascribed to those words by Code Section 21-2-2 of the Official Code of Georgia Annotated, unless otherwise clearly apparent from the text of this Act.
Section 15. All laws and parts of laws in conflict with this Act are repealed.
5274 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 1984 session of the General Assembly of Georgia a bill to provide a Board of Election for Douglas County; to define its powers and duties concerning primaries and elections; to provide a method for appointment, resignation and removal of its members; to provide for qualifications and terms of its members; to provide for a Chairman, clerical assistants and other employees; to provide for compensation of such persons and the members of the board; to relieve the judge of the Probate Court of certain responsibilities; and for other purposes.
Thomas M. Kilgore Representative, 42nd District
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 date: February 2,1984.
/s/ Thomas M. Kilgore Representative, 42nd District
GEORGIA LAWS 1984 SESSION
Sworn to and subscribed before me, this 8th day of February, 1984.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Approved April 9,1984.
5275
GEORGIA LAWS 1984 SESSION
5277
ACTIONS OF COUNTY GOVERNING AUTHORITIES
PURSUANT TO CONSTITUTIONAL AMENDMENT
PROVIDING
HOME RULE FOR COUNTIES
-TW
IV
GEORGIA LAWS 1984 SESSION
5279
BUTTS COUNTY TREASURER AS EX-OFFICIO CLERK, ETC.--PROVISIONS CHANGED
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 fix a salary of the treasurer of Butts County in lieu of commissions as are now paid; to provide for the payment thereof, and for other purposes." ', approved August 19, 1916 (Ga. L. 1916, p. 376), as amended, so as to change the compensation of the treasurer; to provide an effective date; to repeal conflicting laws; and for other purposes." which law appears in Ga. L. 1972, p. 2713 et seq.; to repeal same insofar as the treasurer of Butts County is required to serve as ex-officio clerk of the board of commissioners of Butts County.
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 fix the salary of the treasurer of Butts County, in lieu of commissions as are now paid; to provide for the payment thereof, and for other purposes.', approved August 19, 1916 (Ga. L. 1916, p. 376), as amended by an Act approved March 27, 1972 (Ga. L. 1972, p. 2713 et seq.), so as to change the compensation of the treasurer; to provide an effective date; to repeal conflicting laws; and for other purposes," is hereby repealed insofar as said Act requires the treasurer of Butts County to serve as ex-officio clerk of the board of commissioners of Butts County.
Section 2. This Resolution is adopted by the Board of Commissioners 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 Constitution of the State of Georgia.
Section 3. This Resolution shall become effective when a notice containing a synopsis hereof and stating that a copy hereof is on file in the office of the Clerk of the Superior Court
5280 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
of Butts County for the purposes of examination and inspection by the public shall have been published in the Jackson ProgressArgus, the official gazette of the County, once a week for three weeks immediately preceding 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 provisions 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 meeting on the Board of Commissioners of Butts County on the 3rd day of January, 1983 and also at a regularly scheduled meeting of said Board on the 7 day of February, 1983, it being required by the Constitution of the State of Georgia under the Home Rule provisions 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 authority 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/ Nevin L. Duffey Member
/s/ George N. Martin, Jr. Member
GEORGIA LAWS 1984 SESSION
5281
Affidavit
State of Georgia County of Butts
Personally appeared before the undersigned attesting officer, 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 5th day of January, 1983; the 12th day of January, 1983, and the 19th day of January, 1983.
/s/ Dale Whiten Affiant
Sworn to and subscribed to before me this the 8th day of February, 198
/s/ Diane Rosser Notary Public State of Georgia My Commission Expires May 7, 1983
Exhibit "A" Notice
Official Notice
TO: The Citizens of Butts County, Georgia
RE: Proposal to repeal the requirement that the treasurer of Butts County shall serve as ex-officio clerk of the Board of Commissioners of Butts County.
5282 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
The Butts County Board of Commissioners has before it a proposed Resolution that, if approved, would repeal the requirement that the treasurer of Butts County serve as ex-officio clerk of the Board of Commissioners of Butts County (Ga. L. 1972, P. 2713 et seq.).
Any person desiring to inspect said proposed resolution may attain a copy of same upon request at the office of the Clerk of the Superior Court of Butts County, in the Butts County Courthouse, Jackson, Georgia.
Butts County Board Of Commissioners By: Dave Bailey, Chairman Nevin Duffey, Member George Martin, Member
Filed in the Office of the Secretary of State February 10,1983.
CLAYTON COUNTY--DEATH BENEFITS UNDER THE SYSTEM OF PENSIONS AND RETIREMENT PAY
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, approved April 5, 1971 (Georgia Laws 1971, p. 2917), as amended, (Georgia Laws 1972, p. 3366) approved April 3, 1972, as amended, (Georgia Laws 1975, p. 3682) approved April 17, 1975, as further amended by Clayton County Resolution 80-25, adopted December 16, 1980, and as further amended by Clayton County Resolution 82-8, adopted February 2, 1982, so as to further amend said Act relating to death benefits prior to retirement; so as to repeal conflicting laws; to provide a severability clause; to provide an effective date and for other purposes.
It is hereby further amended by striking section "(f-1) Death Benefits Prior to Retirement" and inserting in lieu thereof a new paragraph (f-1) Death Benefits Prior to Retirement, changing
GEORGIA LAWS 1984 SESSION
5283
the number of years of service required of credited service from fifteen (15) to ten (10); to provide a severability clause; to repeal conflicting laws; to provide an effective date and for other purposes.
Be it Resolved by the Board of County Commissioners of Clayton County, Georgia, and it is hereby resolved:
Section 1. That Section (f-1) Death Benefits Prior to Retirement, is hereby repealed in its entirety, and a new Section (f1) Death Benefits Prior to Retirement, is hereby enacted and shall read as follows:
"In the event a participant is killed in the performance of his/ her duty or in the event a participant dies after attaining age fifty (50) and completing ten (10) years of credited service, whether or not he/she is killed in the performance of his/her duty, his/her spouse shall be entitled to a monthly income for life, or until remarriage, equal to fifty (50) percent of the benefit which the participant would have received at his/her otherwise normal retirement age based upon his/her compensation in the calendar year preceding his/her death.
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/her designated beneficiary shall receive sixty (60) monthly payments calculated as if the participant has retired as of the first of the month following the date of his/her death."
Section 2. Should any word, phrase, sentence, or other provision of this Resolution be held to be unconstitutional or invalid, it shall be restricted to that word, phrase, sentence or other provision and shall not extend to the remainder of said Resolution which shall remain in full force and effect.
Section 3. All laws in conflict with this Resolution are hereby expressly repealed.
Section 4. The surviving spouse of any County employee meeting the above criteria who died after January 1, 1982, who can produce a valid marriage license shall be eligible to apply for
5284 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
benefits. In the event benefits are approved, the eligibility for payments of funds shall not be retroactive past January 1, 1983.
Clayton County Board of Commissioners
/s/ Charley Griswell, Chairman
/s/ Jim Stewart, Vice Chairman
/s/ Loren B. Cheaves, Commissioner
/s/ Raymond E. Johnson, Commissioner
/s/ Ernest Wright, Commissioner
Adopted this the 18th day of January, 1983.
The first reading of the above and foregoing Resolution was held at the regular meeting of the Board of County Commissioners of Clayton County on the 4th day of January, 1983, with the following members present and voting in favor: Chairman Charley Griswell, Vice Chairman Jim Stewart, Commissioner Loren B. Cheaves, Commissioner Raymond E. Johnson and Commissioner Ernest Wright.
/s/ Loretta Wright, 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 Commissioners of Clayton County on the 18th day of January, 1983, with the following members present and voting in favor: Chairman Charley Griswell, Vice Chairman Jim Stewart, Commissioner
GEORGIA LAWS 1984 SESSION
5285
Loren B. Cheaves, Commissioner Raymond E. Johnson and Commissioner Ernest Wright.
/s/ Loretta Wright, Clerk Board of County Commissioners Clayton County
Attest:
/s/ Loretta Wright, Clerk (Seal)
Certification
I, Loretta Wright, Clerk to the Clayton County Board of Commissioners, do hereby certify that the attached is a true and exact copy of Resolution 82-36 as adopted by the Clayton County Board of Commissioners in the regular business meeting of January 18, 1983. The original of Resolution 82-36 may be found on file in the Commissioners' office.
/s/ Loretta Wright, Clerk Clayton County Commissioners January 19, 1983
State of Georgia County of Clayton
Notice of Intention to Consider a Resolution Amending Clayton County--Clayton 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 the 4th day of January, 1983, and on the 18th day of January, 1983, to amend an Act pertaining to Clayton County - Clayton County Water Authority System of Pensions and Retirement Pay for County officers, deputies, and employees of Clayton County and the Clayton County Water Authority so as to amend GEORGIA LAWS 1971, page 2917, as amended, GEORGIA LAWS 1972, page 3366, as amended, and GEORGIA LAWS 1975, page 3682,
5286 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
as further amended by Clayton County Resolution 80-25, adopted the 16th day of December, 1980, and as further amended by Clayton County Resolution 82-8, adopted the 2nd day of February, 1982, so as to further amend said Act relating to death benefits prior to retirement; so as to repeal conflicting laws; to provide a severability clause; to provide an effective date and for other purposes.
A copy of said proposed Resolution to be introduced is on file in the Office of the Clerk of Superior Court of Clayton County, Clayton County Courthouse, Jonesboro, Georgia.
Loretta Wright, Assistant Clerk Board of County Commissioners Clayton County
Publisher's Affidavit
State of Georgia County of Clayton
Personally appeared before me, the undersigned officer duly authorized by law to administer oaths, came, William Wadkins, who, after being duly sworn states that he is the Publisher of the News/Daily, legal organ for Clayton County and that the above and foregoing Notice of Intention to Introduce a Resolution before the Board of Commissioners of Clayton County was duly published in the legal organ as is by law provided on December 14, 1982, December 21, 1982, and December 28, 1982.
/s/ William L. Wadkins News Daily
Sworn to and subscribed before me, this the 28th day of December, 1982.
/s/ Allen Victor Hayes Notary Public (Stamp & Seal) Notary Public, Georgia State at Large. My Commission Expires Nov. 30, 1985.
GEORGIA LAWS 1984 SESSION
5287
Certification
State of Georgia County of Clayton
This is to certify that a copy of the above and foregoing Resolution has been received by this office and filed as is by law provided for the purpose of examination and inspection by the public.
This, the 7 day of Dec., 1982.
/s/ Joe B. Mundy Clerk, Superior Court, Clayton Judicial Circuit
Filed in the Office of the Secretary of State January 20, 1983.
CLAYTON COUNTY--FUNDS FOR ADVERTISING AND PROMOTING COUNTY
Resolution
A Resolution to amend an Act or Acts creating the Board of Commissioners of Clayton County, (Georgia Laws, 1955, p. 2064), and further amended from time to time through the Georgia Laws, 1975, p. 2830; to amend section 17 of the 1975 act by striking the language "The Board may budget thirty percent (30%) of the fees collected for business licenses up to a maximum of thirty thousand dollars ($30,000.00), and such funds may be expended by the Board for the purpose of advertising Clayton County.", and inserting therefor in each and every place that the language above noted may appear "The Board may budget thirty percent (30%) of the fees collected for business licenses up to a maximum of One Hundred Thousand Dollars ($100,000.00), and such funds may be expended by the Board for the purpose of advertising and promoting Clayton County, to attract new industry, investments and promotion of businesses
5288 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
presently operating in Clayton County for maximum economic growth and development; to promote a healthy, balanced economy"; to amend Georgia Laws, 1955, p. 2064, as amended through the Georgia Laws, 1975 at p. 2830; to provide for a maximum of expenditures for these purposes; to provide that the funds expended for these purposes shall not be from ad valorem tax collections: to provide for repeal of conflicting laws; to provide for an effective date; to provide a severability clause; and for other purposes.
Be it Resolved by the Board of Commissioners of Clayton County, Georgia, and it is hereby Resolved:
Section 1. That the following language of the Georgia Laws, 1975, p. 2830, Section 17, "The Board may budget thirty percent (30%) of the fees collected for business licenses up to a maximum of thirty thousand dollars ($30,000.00), and such funds may be expended by the Board for the purpose of advertising Clayton County." is hereby expressly repealed in its entirety, and the following language is hereby inserted for the language stricken and in lieu thereof: "The Board may budget Thirty percent (30%) of the fees collected for business licenses up to a maximum of One Hundred Thousand dollars ($100,000.00), and such funds may be expended by the Board for the purpose of advertising and promoting Clayton County, to attract new industry, investments and promotion of businesses presently operating in Clayton County for maximum economic growth and development; to promote a healthy, balanced economy.", so that when this resolution is adopted by the Board of Commissioners after proper advertisement and the appropriate readings at the regular meetings of the Board of Commissioners have been had, with a copy on file with the Clerk of the Superior Court, Clayton County, the new law shall read as follows:
"At the beginning of each new year, and before any money is borrowed for the current operation of the County, a tentative budget shall be adopted, based on requests from the various departments of the County and the anticipated revenue for such current year. After the permanent budget has been adopted, no warrants shall issue or become a legal charge against the County in excess of the anticipated revenue unless approved by the Grand Jury in office at the time of the warrant's issue. The
GEORGIA LAWS 1984 SESSION
5289
Board may budget thirty percent (30%) of the fees collected for business licenses up to a maximum of One Hundred Thousand dollars ($100,000.00), and such funds may be expended by the Board for the purpose of advertising and promoting Clayton County, to attract new industry, investments and promotion of businesses presently operating in Clayton County for maximum economic growth and development; to promote a healthy, balanced economy. The Board is empowered to contract with firms or organizations to carry out this function of County government."
Section 2. Should any word, phrase, sentence or other provision of this Resolution be held to be unconstitutional or invalid, it shall be restricted to that word, phrase, sentence or other provision and shall not extend to the remainder of said Resolution which shall remain in full force and effect.
Section 3. All laws in conflict with this Resolution are hereby expressly repealed.
Section 4. 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 members of the said Board of Commissioners and a copy of said Resolution has been filed with the Secretary of State of the State of Georgia. Adopted this the 3rd day of May, 1983.
Clayton County Board of Commissioners
/s/ Charley Griswell, Chairman
/s/ Jim Stewart, Vice Chairman
/s/ Loren B. Cheaves, Commissioner
/s/ Raymond E. Johnson, Commissioner
/s/ Ernest Wright, Commissioner
5290 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Attest:
/s/ Loretta C. Wright, Clerk
The first reading of the above and foregoing Resolution was held at the regular meeting of the Board of County Commissioners of Clayton County on April 19, 1983, with the following members present and voting in favor: Chairman Charley Griswell, Vice Chairman Jim Stewart, Commissioner Loren B. Cheaves, Commissioner Raymond E. Johnson and Commissioner Ernest Wright.
/s/ Loretta Wright, Clerk Board of Commissioners Clayton County
The second reading of the above and foregoing Resolution was held at the regular meeting of the Board of County Commissioners of Clayton County on May 3, 1983, with the following members present and voting in favor: Chairman Charley Griswell, Vice Chairman Jim Stewart, Commissioner Loren B. Cheaves, Commissioner Raymond E. Johnson and Commissioner Ernest Wright.
/s/ Loretta Wright, Clerk Board of Commissioners Clayton County
Attest:
/s/ Loretta Wright, Clerk (Seal)
Certification
I, Loretta C. Wright, Clerk to the Clayton County Board of Commissioners, do hereby certify that the attached is a true and exact copy of Resolution 83-14 as adopted by the Clayton County Board of Commissioners in the regular business meeting
GEORGIA LAWS 1984 SESSION
5291
of May 3, 1983. The original of Resolution 83-14 may be found on file in the Commissioners' office.
/s/ Loretta C. Wright, Clerk Clayton County Commissioners May 9, 1983
Certification
State of Georgia County of Clayton
This is to certify that a copy of the above and foregoing Resolution has been received by this office and filed as is by law provided for the purpose of examination and inspection by the public.
This, the 11 day of April, 1983.
/s/ Betty J. Loyd D/C Clerk, Superior Court, Clayton Judicial Circuit
Publisher's Affidavit
State of Georgia County of Clayton
Personally appeared before me, the undersigned officer duly authorized by law to administer oaths, came, William Wadkins, who, after being duly sworn, states that he is the Publisher of the News/Daily, legal organ for Clayton County, and that the above and foregoing notice of Intention to Introduce a Resolution before the Board of Commissioners of Clayton County was
5292 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
duly published in the legal organ as is by law provided on 4/12/ 83, 4/19/83, and 4/26/83, 1983.
/s/ William Wadkins, Publisher, News/Daily
Sworn to and subscribed before me, this the 27 day of April, 1983.
/s/ Susan West Notary Public (Seal)
State of Georgia County of Clayton
Notice of Intention to Consider a Resolution Amending the Laws of Clayton County Pertaining to the Expenditure of
Funds for the Promotion of Economic Growth and Development and for Other Purposes
Notice is hereby given of intention to consider a resolution
amending the Laws of Clayton County pertaining to expenditure
of funds for the purpose of advertising and promoting Clayton
County to attract new industry, investments and promotion of
businesses presently operating in Clayton County for maximum
economic growth and development; to promote a healthy, bal-
anced economy; to amend GEORGIA LAWS, page 2064, as
amended through GEORGIA LAWS, 1975, at page
to pro-
vide for a maximum of expenditure for these purposes; to pro-
vide that the funds expended for these shall not be from Ad
valorem tax collections; to provide for
of conflicting laws;
to provide
effective date and for other purposes. Copy of
said proposed resolution to
produced is on file in the Office
of the Clerk of the Superior Court of Clayton County, Clayton
County Courthouse, Jonesboro, Georgia. Resolution
will
GEORGIA LAWS 1984 SESSION
5293
be read on Tuesday, April 19, at 7:00 p.m. and on Tuesday, May at 1:30 p.m.
Loretta Wright, Clerk Board of Commissioners Clayton County
Filed in the Office of the Secretary of State May 11, 1983.
DEKALB COUNTY--BOARD OF ZONING APPEALS
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 pertaining to a County Board of Zoning Adjustments, providing for a County Board of Zoning Adjustments, prescribing its duties and powers, the appointment of its members, and other matters, by an Act of the General Assembly of 1956, Georgia Laws 1956, page 3332, section 11, so as to amend said 1956 Act to revise section 11 pertaining to the composition and method of appointment of the Board, to change the official designation of the Board, and for other purposes.
Be it ordained by the Board of Commissioners of DeKalb County, Georgia, and it is hereby ordained by authority of same, pursuant to the home rule provisions for counties of the constitution of the State of Georgia, that the Act pertaining to a county board of zoning adjustments, providing for a county board of zoning adjustments, prescribing its duties and powers, the appointment of its members, and other matters, Ga. Laws 1956, p. 3332, 11, be amended as follows:
1. By deleting the first and second paragraphs of 11 and substituting in lieu thereof the following:
"The governing authority of the County may create by resolution a board of zoning appeals the governing authority of each municipality lying wholly within the limits of DeKalb
5294 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
County by ordinance and the governing authority of DeKalb County by resolution are authorized to create a joint board of zoning appeals. The board of zoning appeals shall consist of seven (7) members, residents of DeKalb County, appointed by the Board of Commissioners, the Chairman and each commissioner making one (1) appointment. The term of each member shall run concurrently with the term of the person making the appointment. The joint board of zoning appeals shall consist of five (5) members, one (1) of whom shall be a member of the municipal-county planning commission of the area served appointed by that body, two (2) members shall be citizens of the County appointed by the governing authority of the County, and two (2) shall be citizens of the municipality appointed by the governing authority of the municipality. Terms of the members of the joint board of zoning appeals shall be for four (4) years or thereafter until their successors are appointed, except that their respective terms of the initial two (2) County appointed members shall be for one (1) and three (3) years and the terms of the initial two municipal appointed members shall be for two (2) and four (4) years. Any vacancy in the membership of a board of zoning appeals shall be filled for the unexpired term in the same manner as the initial appointment. The appointing County governing authority or municipal governing authority shall have authority to remove any member for cause stated in writing and after public hearing. The appointing governing authority or authorities shall determine the amount of compensation, if any, to be paid to the members of the board of zoning appeals. Members of a board of zoning appeals may hold no other County office or position, except that one (1) member of the joint board of zoning appeals may be a member of the planning commission of the area served."
Section 11 is further amended by deleting the term "board of adjustments" whenever said term shall appear in Section 11, and substituting in lieu thereof the term "board of appeals".
2. All laws or parts of laws in conflict with this ordinance are hereby repealed.
3. Should any part, portion or paragraph of this ordinance be
GEORGIA LAWS 1984 SESSION
5295
declared unconstitutional or void by a court of competent jurisdiction, such declaration shall not affect the remaining portions of this ordinance not so declared to be invalid, but the same shall remain of full force and effect as if separately adopted.
4. This ordinance shall be presented to the Board of Commissioners of DeKalb County for adoption at two regular consecutive meetings of the County Commissioners, held not less than seven (7) nor more than sixty (60) days 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 purpose of examination and inspection by the public.
5. This ordinance shall be first presented to the Board of Commissioners of DeKalb County on the 11th day of January, 1983, and again on the 25th day of January, 1983, at the regular time and place of the meeting of the Board of Commissioners of DeKalb County.
6. A copy of this ordinance shall be filed with the Clerk of DeKalb Superior Court for the purpose of examination and inspection by the public, along with sufficient copies of the same for distribution to those members of the public who desire the same.
7. The provisions of this ordinance shall become effective upon its adoption.
Adopted by the DeKalb County Board of Commissioners, this 25 day of January, 1983.
Attest:
DeKalb County, Georgia By: /s/ Manuel J. Maloof,
Chairman Board of Commissioners
/s/ David W. Joyner Clerk, Board of Commissioners
5296 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Approved as to Form:
/s/ George B. Dillard County Attorney
State of Georgia County of DeKalb
I, David W. Joyner, 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 January 11, 1983 and January 25, 1983.
This 25 day of January, 1983.
/s/ David W. Joyner, Clerk Board of Commissioners DeKalb County, Georgia
I, the undersigned, Gene H. Doi, Clerk of the Board of Commissioners, DeKalb County, Georgia, DO HEREBY CERTIFY that the foregoing is a true and correct Copy of an ordinance adopted by said Board in meeting lawfully assembled on 25 day of January, 1983. And same appears in Minutes of said Board this 3rd day of February, 1983.
/s/ Gene H. Doi, Deputy Clerk, Board of Commissioners DeKalb County, Ga.
State of Georgia County of DeKalb
Personally appeared before the undersigned attesting officer, a notary public within and for said County and State, GERALD W. CRANE, publisher of the DeKalb-DeKalb News/Era, 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
GEORGIA LAWS 1984 SESSION
5297
said newspaper in its issues of the 6th, 13th and 20th days of January, 1983.
/s/ Gerald W. Crane, Publisher Decatur-DeKalb News/Era
Sworn to and subscribed before me this 20th day of January, 1983.
/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 January 11, 1983 and January 25,1983, an ordinance to amend the Act providing for a County board of zoning adjustments, known as Ga. Laws 1956, p. 3332, Section 11, to increase the membership of said Board, to revise the method of appointment of such members, and to change the name of said board.
The public is hereby further notified that in order to so amend said Act, it is necessary for the Board of Commissioners to adopt an ordinance at two consecutive meetings held not less than seven (7) nor more than sixty 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 proposed ordinance has been filed with the Clerk of DeKalb Superior Court, DeKalb County Courthouse, Decatur, Georgia, for public examination and inspection, and that copies are available from him for interested members of the public.
5298 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This 5th day of January, 1983.
/s/ Manuel J. Maloof, Chairman Board of Commissioners DeKalb County, Georgia
Filed in the Office of the Secretary of State February 10,1983.
DEKALB COUNTY--MERIT SYSTEM COUNCIL--ELECTION OF CHAIRMAN
An Ordinance
An Ordinance by the Board of Commissioners of DeKalb County under the Home Rule Provisions for Counties of the Constitution of the State of Georgia, to amend an Act, as amended, pertaining to the DeKalb County Merit System establishing a Merit System in DeKalb County for employees of DeKalb County, creating a Merit System Council, prescribing their duties, responsibilities, terms of office, method of appointment and related matters, by an Act of the General Assembly of 1956, Ga. L. 1956, P. 3111, et seq, as amended, so as to amend said 1956 act to revise section 2 to provide for the annual election of a chairman and a vice chairman of the merit system council, and for other purposes.
Be it Ordained by the Board of Commissioners of DeKalb County, Georgia, and it is hereby ordained by the authority of same, pursuant to the Home Rule provisions for counties of the Constitution of the State of Georgia, that the Act, as amended, pertaining to the DeKalb County Merit System establishing a Merit System in DeKalb County for the employees of DeKalb County, creating a Merit System Council, prescribing their duties, responsibilities, terms of office, method of appointment and related matters, Ga. L. 1956, p. 3111, et seq, as amended, be and the same is hereby further amended as follows:
GEORGIA LAWS 1984 SESSION
5299
I.
By deleting the second sentence of Section 2(b), as amended, in its entirety, which sentence presently reads as follows:
"Said members of the merit system council shall be appointed by the governing authority of said county which shall designate one (1) member of the council as its chairman"
And substituting in lieu thereof the following:
"Said members of the merit system council shall be appointed by the governing authority of said county and the merit system council shall annually in January elect one of its members as chairman and one of its members as vice chairman."
II.
All laws or parts of laws in conflict with this ordinance are hereby repealed.
III.
Should any part, portion or paragraph of this ordinance be declared unconstitutional or void by a court of competent jurisdiction, such declaration shall not affect the remaining portions of this ordinance not so declared to be invalid, but the same shall remain of full force and effect as if separately adopted.
IV.
This ordinance shall be presented to the Board of Commissioners of DeKalb County for adoption at two regular consecutive meetings of the County Commissioners, held not less than seven (7) nor more than sixty (60) days apart after notice containing a synopsis of the proposed amendment shall have been published in the official organ of DeKalb County once a week for three (3) weeks within a period of sixty (60) days immediately preceding its final adoption, such notice stating that a copy of the proposed amendment is on file in the office of the Clerk of
5300 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Superior Court of DeKalb County for the purpose of examination and inspection by the public.
V.
This ordinance shall be first presented to the Board of Commissioners of DeKalb County on the 8th day of March, 1983, and again on the 22nd day of March, 1983, at the regular time and place of the meeting of the Board of Commissioners of DeKalb County.
VI.
A copy of this ordinance shall be filed with the Clerk of DeKalb Superior Court for the purpose of examination and inspection by the public, along with sufficient copies 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 22 day of March, 1983.
/s/ Manuel J. Maloof Chairman Board of Commissioners DeKalb County, Georgia
Attest:
/s/ David W. Joyner Clerk, Board of Commissioners
Approved as to Form:
/s/ George P. Dillard DeKalb County Attorney
GEORGIA LAWS 1984 SESSION
5301
State of Georgia DeKalb County
I do hereby certify that the foregoing is a true and correct excerpt from the Minutes of the Board of Commissioners of DeKalb County, Georgia ADOPTED this 22 day of March, 1983.
/s/ Gene H. Doi Deputy Clerk Board of Commissioners
State of Georgia County of DeKalb
I David W. Joyner, the duly authorized Clerk of the Board of Commissioners of DeKalb County, do hereby certify that the attached instrument is a true and correct copy of the ordinance adopted by them at two regular consecutive meetings held on March 8, 1983, and on March 22, 1983.
This 22 day of March, 1983.
/s/ David W. Joyner, 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 at the Decatur, County of DeKalb, State of Georgia, who, being duly sworn, states on oath that the Public Notice, a true copy of which is attached hereto, was published in said newspaper in its issue of the 3rd and 10th and 17th days of March, 1983.
/s/ Gerald W. Crane, Publisher Decatur-DeKalb News
5302 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me this 17th day of March, 1983.
/s/ Linda L. Orr Notary Public (Affix seal and date of expiration) June 21, 1985 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 March 8, 1983 and March 22, 1983, an ordinance to amend the Act creating the DeKalb County Merit System Council known as Ga. L. 1956, p. 3111, et seq., as amended, to provide for the annual election of a chairman and vice-chairman of the Merit System Council.
The public is hereby further notified that in order to so amend said Act, it is necessary for the Board of Commissioners to adopt an ordinance at two consecutive meetings held not less than seven (7) nor more than sixty (60) days apart which ordinance specifically states the changes to be made in the original Act, the authority to amend the original Act having been granted under the Home Rule provisions for counties of the Constitution of the State of Georgia.
The public is hereby further notified that a copy of said proposed ordinance has been filed with the Clerk of DeKalb Superior Court, DeKalb County Courthouse, Decatur, Georgia for public examination and inspection, and that copies are available from him for interested members of the public.
This 3rd day of March, 1983.
Manuel J. Maloof, Chairman Board of Commissioners DeKalb County, Georgia
Filed in the Office of Secretary of State April 7, 1983.
GEORGIA LAWS 1984 SESSION
5303
DEKALB COUNTY--MERIT SYSTEM COUNCIL--APPEALS
An Ordinance
By the Board of Commissioners of DeKalb County under the Home Rule Provisions for Counties of the Constitution of the State of Georgia, to amend an Act, as amended, pertaining to the DeKalb County Merit System establishing a merit system in DeKalb County for employees of DeKalb County, creating a Merit System Council, prescribing their duties, responsibilities, terms of office, method of appointment and related matters, by an Act of the General Assembly of 1956, Georgia Laws 1956, Page 3111, et seq., as amended, so as to amend said 1956 Act to delete Section 5A, pertaining to property interests in employment, to amend provisions pertaining to appeals, and for other purposes.
Be it Ordained by the Board of Commissioners of DeKalb County, Georgia, and it is hereby ordained by the authority of same, pursuant to the Home Rule Provisions for Counties of the Constitution of the State of Georgia, that the act, as amended, pertaining to the DeKalb County Merit System establishing a merit system in DeKalb County for the employees of DeKalb County, creating a Merit System Council, prescribing their duties, responsibilities, terms of office, method of appointment and related matters, Ga. Laws 1956, Page 3111 et. seq., as amended, be and the same is hereby further amended as follows:
I.
By deleting Section 5A in its entirety, which section reads as follows:
"Nothing contained in this Act or in any personnel code, rules or regulations, or practice adopted by the Board of Commissioners 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 responsibilities diminished."
5304 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
II.
By amending Section 5(e) to add at the end thereof the language "to the merit system council" so that said section, as amended, shall read as follows:
"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 to the merit system council."
III.
All laws or parts of laws in conflict with this ordinance are hereby repealed.
IV.
Should any part, portion or paragraph of this ordinance be declared unconstitutional or void by a court of competent jurisdiction, such declaration shall not affect the remaining portions of this ordinance not so declared to be invalid, but the same shall remain of full force and effect as if separately adopted.
V.
This ordinance shall be presented to the Board of Commissioners of DeKalb County for adoption at two regular, consecutive meetings of the County Commissioners, held not less than seven (7) 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 weeks within a period of sixty (60) days immediately preceding its final adoption, such notice stating that a copy of the proposed amendment or repeal is on file in the office of the Clerk of Superior Court of DeKalb County for the purpose of examination and inspection by the public.
VI.
This ordinance shall be first presented to the Board of Commissioners of DeKalb County on the 8th day of November, 1983,
GEORGIA LAWS 1984 SESSION
5305
and again on the 22nd day of November, 1983, at the regular time and place of the meeting of the Board of Commissioners of DeKalb County.
VII.
A synopsis of this ordinance shall be published in the official organ of DeKalb County once a week for three weeks, namely on the 27th day of October, 1983, the 3rd day of November, 1983 and the 10th day of November 1983, and a copy of this ordinance shall be filed with the Clerk of DeKalb Superior Court for the purpose of examination and inspection of the public, along with sufficient copies of the same for distribution to those members of the public who desire the same.
Adopted this 22 day of November, 1983
/s/ Manuel J. Maloof Chairman Board of Commissioners DeKalb County, Georgia
Attest:
/s/ David W. Joyner, Clerk, Board of Commissioners
Approved as to Form:
/s/ George P. Dillard County Attorney
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 at the Decatur, County of DeKalb, State of Georgia, who, being duly sworn, states on oath that the Public Notice, a true copy of which is attached hereto, was published in said newspaper in its
5306 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
issue of the 27th day of October, 1983 and the 3rd and 10th days of November, 1983.
/s/ Gerald W. Crane Publisher Decatur-DeKalb News
Sworn to and subscribed before me this 10th day of November, 1983.
/s/ Linda L. Orr Notary Public (Affix Seal and Date of Expiration) June 21, 1985 (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 November 8, 1983 and November 22, 1983, an ordinance to amend the Act creating the DeKalb County Merit System Council known as Ga. L. 1956, p. 3111, et seq., as amended, to amend provisions pertaining to the creation of property interests in employment and the right to appeal.
The public is hereby further notified that in order to so amend said Act, it is necessary for the Board of Commissioners to adopt an ordinance at two consecutive meetings held not less than seven (7) nor more than sixty (60) days apart which ordinance specifically states the changes to be made in the original Act, the authority to amend the original Act having been granted under the Home Rule provisions for counties of the Constitution of the State of Georgia.
The public is hereby further notified that a copy of said proposed ordinance has been filed with the Clerk of DeKalb Superior Court, DeKalb County Courthouse, Decatur, Georgia for public examination and inspection, and that copies are available from him for interested members of the public.
GEORGIA LAWS 1984 SESSION
5307
This 21st day of October, 1983.
Manuel J. Maloof, Chairman Board of Commissioners DeKalb County, Georgia
State of Georgia County of DeKalb
I, DAVID W. JOYNER, the duly authorized Clerk of the Board of Commissioners of DeKalb County, do hereby certify that the attached instrument is a true and correct copy of the ordinance adopted by them at two regular consecutive meetings held on November 8, 1983 and on November 22, 1983.
This 22 day of November, 1983.
/s/ David W. Joyner, Clerk Board of Commissioners DeKalb County, Georgia
I, the undersigned, Gene H. Doi, Clerk of the Board of Commissioners, DeKalb County, Georgia, DO HEREBY CERTIFY that the foregoing is a true and correct Copy of an ordinance adopted by said Board in meeting lawfully assembled on 22 day of November, 1983.
And same appears in Minutes of said Board this 29th day of November, 1983.
/s/ Gene H. Doi Deputy Clerk, Board of Commissioners DeKalb County, Ga. (Seal)
Filed in the Office of the Secretary of State December 5, 1983.
5308 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
FAYETTE COUNTY--PURCHASES ON COMPETITIVE BIDS
Ordinance
An Ordinance to amend Georgia Laws 1959, PP. 2431, 2435, section 13, as thereafter amended; to provide for purchasing by Fayette County on a competitive bid basis; to promote the public health, safety and welfare; and for other purposes.
Be it Ordained by the Board of Commissioners of Fayette County and it is hereby enacted pursuant to the authority of the same that Georgia Laws 1959, pp. 2431, 2435, Section 13, be amended as follows:
1. By striking from Georgia Laws 1959, pp. 2431, 2435, Section 13, the following: "the Board shall make all purchases for Fayette County and shall make all purchases over $1,000.00 on a competitive bid basis. The Board shall not expend any funds of Fayette County in payment of purchase made in violation of this section," and in lieu thereof enacting a new Section 13 which shall read as follows:
Section 13. The Board shall have and exercise all the powers which were vested by law in the judges of the inferior courts and the ordinary when sitting for county purposes and the sole commissioner of roads and revenues of Fayette County, Georgia. The Board is hereby given complete power, authority and control relative to county matters of Fayette County. The Board is hereby authorized to employ the necessary personnel and fix their compensation to assist in the performance of the duties imposed by this act.
The Board shall make all purchases for Fayette County and shall make all purchases over $5,000.00 on a competitive bid basis. The Board shall not expend any funds of Fayette County in payment of purchase made in violation of this section.
GEORGIA LAWS 1984 SESSION
5309
Enacted this 10 day of February, 1983.
Board of Commissioners of Fayette County
/s/ Jerry Barronton, Chairman
Attest:
/s/ Carol Chandler, Clerk
Affidavit
State of Georgia County of Fayette
I, CAROL CHANDLER MUNDT, the duly authorized Clerk of the Board of Commissioners of Fayette County, Georgia, do hereby certify that the attachments is a true and correct copy of the ordinance adopted by that Board at two (2) regular consecutive meetings held on the 10 day of February, 1983 and the 1st day of March, 1983.
This 3 day of May, 1983.
/s/ Carol Chandler Mundt, Clerk of the Board of Commissioners Fayette County, Georgia
Sworn to and subscribed before me this 18th day of May, 1983.
/s/ Margaret U. Malone Notary Public, Georgia, State at Large My Commission Expires Dec. 29, 1986
5310 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Affidavit
State of Georgia County of Fayette
Personally appeared before the undersigned attesting officer in and for said State and County, Calvin N. Beverly, who on oath deposes and says that he is the Managing Editor of the Fayette County News, the official legal organ for the County of Fayette, and that the attached copy of "Notice to the Public" was published in said Fayette County News, on January 26, February 2, and February 9, 1983.
/s/ Calvin N. Beverly Managing Editor Fayette County News
Sworn to and subscribed before me, this 21st day of April, 1983.
/s/ Carol Chandler Mundt Notary Public, State of Georgia My Commission expires January 20, 1984
Notice to the Public
Please take notice that an ordinance has been introduced before the Board of Commissioners of Fayette County to amend Georgia Laws 1959, pp. 2431, 2435, and as thereafter amended, to provide for purchasing by Fayette County on a competitive bid basis.
A copy of this ordinance is on file with the Clerk of the Board of Commissioners of Fayette County and the Clerk of the Superior Court of Fayette County for public view.
GEORGIA LAWS 1984 SESSION
5311
This 24th day of January, 1983.
Carol Chandler, Clerk Board of Commissioners Fayette County
Filed in the Office of the Secretary of State May 23, 1983.
FULTON COUNTY--JUDGES AND SOLICITORS GENERAL PENSION FUND
A RESOLUTION
To amend an Act creating a Judges and Solicitors Retirement Fund of Fulton County Approved January 31, 1946, Ga. Laws 1946, Page 299, as amended, so as to provide for cost of living increases; to provide for credit for certain additional military service; to change the provisions relative to the requirements for a spouse to receive a pension; to provide that no individual employed or re-employed by Fulton County after a designated date shall be entitled to any benefits under this Act; to preserve existing rights; to provide an effective date; to repeal conflicting laws and for other purposes.
Be it Resolved by the Board of Commissioners of Fulton County, pursuant to the authority contained in Article IX, Section 2, Paragraph 3A (14) as follows:
Section 1. An Act creating a Judges and Solicitor Generals Retirement Fund of Fulton County approved January 31, 1946, Ga. Laws 1946, page 299, as amended, is further amended by inserting following Section 10A of said Act as enacted by an amendatory Act approved March 14, 1978, Ga. Laws 1978, page 3757, a new section which shall be known as Section 10B, which shall read as follows:
"Section 10B. Notwithstanding any other provision of this Act, a surviving spouse of a participant in the pension fund
5312 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
established by this Act shall be eligible for benefits as such surviving spouse if he or she shall have been married to the participant for at least one year before such participant became eligible for retirement or his or her death provided that the other requirements of this Act than length of marriage shall be satisfied."
Section 2. Said Act is further amended by striking from Section 4 (b) as added to said Act by an amendatory Act approved March 31, 1972, Ga. Laws 1972, page 3263, the words
"during the First or Second World Wars, the Korean conflict or the present Vietnam Emergency, or any combination thereof'
so that said Section 4 (b) as amended hereby shall read as follows: "4 (b). Any member of said Fund who is, or who may hereafter be entitled to the benefits of this Act, who, prior to his membership in the Fund, had honorable active service in the armed forces of the United States shall be entitled to credit for not more than four (4) years of such active service. Such member may receive credit for such honorable active service in the armed forces of the United States by notifying the trustees of said Fund of his election to obtain such credit and by paying into the Fund ten per cent (10%) of the amount of salary of a person holding the office or position entitling the member to participate in the Fund during the period when the member is so claiming was performing the active service for which credit is claimed, or if there was no such office or position in existence during such period, of the salary of such member at the time of first entitlement to participate in the Fund. Such payment may be made in deferred installments over a period not to exceed sixty (60) months with interest at four per cent (4%), and may be deducted from salary or from any sum which such member or beneficiary otherwise would be entitled to receive as a benefit under this Act. Provided, however, that no member who has not been a member for at least ten (10) years shall be entitled to receive credit for honorable active service in the armed forces of the United States."
Section 3. Said Act is further amended by striking from Section 7 thereof the words
GEORGIA LAWS 1984 SESSION
5313
"less one half of one percent for each year that such participating Judge or Solicitor General received protection under this act",
so that said Section 7, as amended hereby, shall read as follows:
"Section 7. Be it further enacted that should any Judge or Solicitor General under this act, who has contributed to said Fund as hereinbefore provided, die, resign or otherwise become disqualified to hold said office, without having received or having become entitled to receive benefits of any kind hereunder, then and in that event such contributing Judge or Solicitor General or his personal representative, as the case may be, shall be entitled to a refund of all sums contributed and paid in by or on behalf of such Judge or Solicitor General."
Section 4. Said Act is further amended by inserting following Section 6(c) as added to said Act by an amendatory act approved March 23, 1977, Ga. Laws 1977, page 3277, a new section which shall be known as Section 6(d), which shall read as follows:
"6 (d). Any person receiving a pension payment under the provisions of this Act or his beneficiaries, shall be entitled to cost-of-living adjustments as hereinafter set forth. As used herein, the following terms shall have the following meanings:
"(1) `Current average cost-of-living index' means the average of the monthly Consumer Price Index for the 12 month period from November 1 through October 31, prior to the annual adjustment date, as determined by the Bureau of Labor Statistics of the United States Department of Labor for all items and major groups, United States city average.
"(2) `Pensioner Base Index' means the average of the Consumer Price Index for the 12 month period ending two months prior to the date of retirement for any participant who retires under the provisions of this Act. In the event the base year used in computing the monthly Consumer Price Index should be changed by the Bureau of Labor Statistics, the board of trustees shall, with the advice of an independent
5314 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
actuary, adjust the Pensioner Base Index of each retired pensioner and of each pensioner or beneficiary, with benefit payments commencing during the first year in which such change was made, so as to effect the original intent of this section in an equitable manner.
"(3) `Adjusted pensioner index' means the Pensioner Base Index adjusted, on a cumulative basis, for all percentage adjustments made in benefits prior to the current annual adjustment date. The adjusted pensioner index and the Pensioner Base Index shall be applicable to any beneficiary becoming entitled to benefits under this Act in the same manner as they would have been applicable to the pensioner had such pensioner continued in life.
"(4) `Annual adjustment date' means January 1 of each year. The board of trustees shall ascertain the current average cost-of-living index as of January 1 each year, and the benefits being paid under this Act shall be adjusted as of the annual adjustment date as follows:
"(A) If the current average cost of living index is more than 100 percent of the adjusted pensioner index, the benefit shall be increased by a percentage equal to the difference between 100 percent and the percentage representing the current average cost-of-living index divided by such person's adjusted pensioner index.
"(B) If the current average cost-of-living index is less than 100 percent of the adjusted pensioner index, such person's basic benefit shall be reduced by a percentage equal to the difference between 100 percent and the percentage representing the current average cost-of-living index divided by his adjusted pensioner index.
5) Notwithstanding the foregoing provisions of this subsection, no increase or decrease in the amount of the monthly retirement benefit due to changes in the current average cost-ofliving index, effective at any annual adjustment date, shall be in excess of 3 percent of the amount of the monthly retirement benefit payable immediately prior to such date. Neither shall the provisions of this subsection be applied so as to reduce the
GEORGIA LAWS 1984 SESSION
5315
amount of the benefits of a pensioner or beneficiary of an amount less than that to which such pensioner or beneficiary would be entitled to receive under the other provisions of this Act."
"6. The provisions of this Section shall only apply to contributing members of the Judges and Solicitor Generals Retirement Fund of Fulton County who are contributing on the effective date of this Section and who file a written election to participate under this Section and agree to pay the sum of eight (8%) percent of their total compensation which shall include provision for payment of a pension to a beneficiary. Such additional contributions shall be payable beginning with the effective date of this Section. In the event that the election required by this subsection is not filed within six (6) months from the effective date of this Section, then, in addition to the increased contributions required hereby, interest thereon shall be payable at the `prime rate' used to compute temporary loans for Fulton County, plus one (1%) percent per annum."
Section 5. Said Act is further amended by inserting following Section 4 thereof, a new section to be known as Section 4A, which shall read as follows:
"4 A. Notwithstanding any other provision of this Act as amended, no person who shall be employed by Fulton County or by the State of Georgia subsequent to the date specified in Section 6 of this Act shall be entitled to participate in the fund created by this Act, to make contributions required by this Act or to receive any benefits whatsoever under the terms of this Act. The provisions of this Section shall not operate to prohibit the payment of refunds or the payment of pension benefits to any person who shall have participated under provisions of this Act prior to the effective date of this Section."
Section 6. Sections 4 and 5 of this Act shall become effective upon the first day of the calendar month following the final adoption of this Resolution by the Board of Commissioners of Fulton County. The remaining portions of this Resolution shall become effective when the requirements of Article IX, Section II of the Constitution of Georgia have been complied with.
5316 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 7. All resolutions or parts thereof in conflict herewith are hereby repealed.
This the 5th Day of October, 1983.
Board of Commissioners, Fulton County
/s/ Michael L. Lomax Michael L. Lomax, Chairman
/s/ Tom Lowe Tom Lowe, Vice-Chairman
/s/ Milton G. Farris Milton G. Farris, Commissioner
/s/ Lee J. Roach Lee J. Roach, Commissioner
/s/ A. Reginald Eaves A. Reginald Eaves, Commissioner
/s/ Chuck Williams Chuck Williams, Commissioner
/s/ Bruce Bannister Bruce Bannister, Commissioner
Attest:
/s/ Alice H. Smith
Alice H. Smith, Clerk
Publisher's Affidavit
State of Georgia County of Fulton.
Before me, the undersigned, a Notary Public, this day personally came Frances K. Beck, who, being first duly sworn, according to law, says that she is the President of the Daily Report
GEORGIA LAWS 1984 SESSION
5317
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 September, 1983, and on the days of , 19 As provided by law.
/s/ Francis K. Beck
Subscribed and sworn to before me this 7th day of October, 1983
/s/ April M. Elmore Notary Public, Georgia State at Large My Commission Expires Feb. 17, 1985 (Seal)
Notice of Proposed Amendment to an Act Creating A Judges and Solicitors Retirement Fund of Fulton County, Approved
March 31, 1946, (GA. Laws 1946, Page 299), As Amended
Notice is hereby given that a Resolution has been considered by the Board of Commissioners of Fulton County, Georgia, on September 7, 1983, and will be considered for final adoption on October 5, 1983, which will amend an Act creating a Judges and Solicitors Retirement Fund of Fulton County, approved March 31, 1946, (Ga. Laws 1946, Page 299), as amended. Such amendment will change the requirements to receive a benefit as a surviving spouse, will provide for claiming of military service, will permit refunds of the entire amount contributed by participants in said fund, will provide for cost-of-living increases and increased contributions, and will provide that no person employed by Fulton County or the State of Georgia, subsequent to a specified date shall be entitled to participate in the fund created by said Act and for other purposes. A copy of the proposed Amendment is on file in the office of the Clerk of the Superior Court of Fulton County, Georgia, and the office of the Clerk of the County Commission of Fulton County, Georgia, for the purpose of examination and inspection by the public.
5318 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This 13th day of September, 1983. John Tye Ferguson Associate County Attorney Fulton County
To Whom It May Concern: Attached is a Certified Copy of the minutes of the regular
meeting held by the Board of Commissioners of Fulton County on October 5, 1983, P.M. These minutes were duly ratified on November 2, 1983 A.M. in the special meeting. This the 8th day of December, 1983.
/s/ Alice H. Smith Clerk
Filed in the Office of The Secretary of State December 9, 1983.
GORDON COUNTY--PURCHASE AND DISPOSITION OF PROPERTY, ETC. A Resolution
To amend Senate Bill Number 307, Act Number 388 as passed by the 1983 Georgia General Assembly and entitled;
"An Act To amend an Act providing for the office of Commissioner of Gordon County, approved March 21,1974 (Ga. L. 1974, p. 2522),
GEORGIA LAWS 1984 SESSION
5319
as amended by an Act providing for a Board of Commissioners of Gordon County, approved March 12, 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 property; 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" as follows:
Section 1. By striking in its entirety Section 2 of Senate bill Number 307 and substituting a new Section 2 to read as follows:
"Section 4. The Board of Commissioners may purchase necessary machinery, tools, equipment, supplies and services (hereinafter referred to collectively as `Goods and Services') for county use. All purchases of Goods and Services, wherein the purchase price is expected to be in excess of $2,500.00, shall be made by a sealed competitive bid. Notice of the time and place where bids will be received and opened shall be advertised in the local legal organ of the county once each week for two consecutive weeks immediately prior to the opening of such bids. Such notice shall also include a description and specifications of the item or items to be purchased. All bids shall be received in sealed envelopes and shall be opened and thereafter filed for two years in the office of the Board of Commissioners for public inspection. Goods and Services shall be purchased from the lowest responsible bidder and in determining the lowest responsible bidder such factors as distance, past dealings, financial responsibility, expertise and experience may be taken into consideration. This section shall not apply to the repair of goods.
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 unservicable property and remit the proceeds from the sale to the treasury of the
5320 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 may be accepted or rejected at the discretion of the Board of Commissioners and if rejected, the sale shall continue from day to day until a satisfactory bid is received. 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 twoyear 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 2. By striking in its entirety Section 6 of Senate Bill Number 307 and substituting a new Section 6 to read as follows:
"(a) Each member of the Board of Commissioners, other than the Chairman, shall be compensated in the amount of $100.00 for attending each bi-monthly 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 attending each bi-monthly meeting of the Board of Commissioners, and such compensation shall be paid from the funds of Gordon County.
Section 3. If any section, subsection, paragraph, sentence or part thereof of this Resolution shall be held to be invalid or unconstitutional such invalidity or unconstitutionality shall not affect or impair other parts of this Resolution, 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 intent in enacting this Resolution that each section, subsection, paragraph and sentence or part thereof be enacted separately and independently of each other.
GEORGIA LAWS 1984 SESSION
5321
Section 4. All laws and parts of law in conflict with this Resolution are hereby amended to conform to this Resolution.
Section 5. This Resolution shall become effective upon its adoption at the second regular consecutive meeting at which the same is considered of the Board of Commissioners of Gordon County, Georgia.
Read 1st time June 21, 1983 Passed 3 to 1
Read 2nd time July 19th, 1983 Passed to 4
Adopted this 19th day of July, 1983.
/s/ Harold S. Faith, Chairman Board of Commissioners Gordon County, Georgia
Attest:
/s/ Clara G. Ferguson Clerk
This is to certify the above is a true and correct copy of the Resolution read at the above dates. This the 22nd day of July, 1983.
/s/ Clara G. Ferguson Clerk
Affidavit
County of Gordon State of Georgia
My name is Paul Miles. I am the publisher of The Calhoun Times which is the official newspaper of Gordon County, Georgia.
A notice containing a synopsis of resolution to amend S.B.
5322 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
307, Act 388 was published in The Calhoun Times once a week for three weeks.
/s/ Paul Miles
Personally appeared before me, the undersigned officer, duly authorized to administer oaths, PAUL MILES, who, after being duly sworn states under oath that the facts contained in the foregoing Affidavit are true.
/s/ Gay Ann Talley Notary Public Georgia State at Large, My Commission Expires: 12-1-84
Notice of Amendment of Local Legislation
A Resolution amending Senate Bill Number 307, Georgia Laws 1983, Page 4316, shall be read and considered by the Board of Commissioners of Gordon County at meetings on July 5, 1983, and July 19, 1983. Said Senate Bill 307 is amended by the Resolution in the following particulars:
1. By striking Section 2 of Senate Bill 307 in its entirety and substituting a new Section 2 which requires sealed competitive bids for purchases of Goods and Services the purchase price of which is expected to exceed $2,500.00; by allowing the Board of Commissioners to consider such factors as distance, past dealings, financial responsibility, expertise and experience in determining the lowest responsible bidder when sealed competitive bids are required; and by allowing the Board of Commissioners the authority to reject the highest bid at any sale of surplus property and to continue said sale from day to day.
2. By striking Section 6 of Senate Bill 307 in its entirety and substituting a new Sections 6 which provides for compensation of the Board of Commissioners and the Chairman of the Board of Commissioners to be paid only for each bi-monthly meeting and for no other meetings.
A copy of the Resolution making said amendments if on file in
GEORGIA LAWS 1984 SESSION
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the Office of the Clerk of the Superior Court of Gordon County shall furnish anyone, upon written request, a copy of the proposed Resolution.
William P. Bailey, County Attorney Gordon County, Georgia
Filed in the Office of the Secretary of State July 27, 1983.
ROCKDALE COUNTY--COMMISSION, MEETINGS
An Ordinance to amend an Act entitled "An Act to Create a Board of Commissioners for Rockdale County: to provide for the membership of said Board; to provide for the elections, qualifications, terms, powers, compensation and duties of the Chairman and other members of said Board; to provide for other matters relative to said Board of Commissioners and relative to the government of Rockdale County by said Board; to provide for all matters relative to the foregoing; to provide for referendum; to provide for effective dates; and for other purposes" (Ga. Law 1977, p. 2817); as amended; by amending section 8 of he original Act as now amended to be known as section 8; and for other purposes.
Be it Ordained by the Board of Commissioners of Rockdale County, Georgia, and it is hereby ordained by Authority of same as follows:
Section 1. Pursuant to the County Home Rule Authority under Ga. Const., Art. IX, Sec. II, Ga. the Board of Commissioners hereby amends an Act of the General Assembly, Ga. Law 1977, P. 2817, entitled as follows:
An Act to Create a Board of Commissioners for Rockdale County; to provide for the membership of said Board; to provide for the elections, qualifications, terms, powers, compensation and duties of the Chairman and other Members of
5324 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
said Board; to provide for other matters relative to said Board of Commissioners and relative to the government of Rockdale County by said Board; to provide for all matters relative to the foregoing; to provide for referendum; to provide for effective dates; and for other purposes
(Ga. Law 1977, p. 2817; as amended.)
Section 8 of said Act, as amended, reads as follows:
The Commission shall hold regular meetings on the second and fourth Tuesdays of each month at the County seat at 7:00 o'clock P.M. on the second Tuesday and 7:00 o'clock P.M. on the fourth Tuesday, which meetings shall be open to the public, and may hold such additional meetings as shall be necessary when called by the Chairman or any two Commissioners, provided all members of the Commission shall have been notified at least one (1) day in advance of such special meeting. No official action shall be taken by the Commission except in a meeting which is open to the public. Any two Commissioners or the Chairman and any one Commissioner shall constitute a quorum, but no official action shall be taken except under the affirmative vote of at least two commissioners or one commissioner and the Chairman. The Chairman shall be entitled to the same voting rights as other Commissioners on questions considered by the Commission.
Said Section 8 shall be further amended so that after amendment said Section 8 shall read as follows:
"Section 8, Meetings: The Commission shall hold regular meetings on the second and fourth Tuesdays of each month at the County seat at 10:00 o'clock A.M. on the second Tuesday and 7:00 o'clock P.M. on the fourth Tuesday, which meeting shall be' open to the public, and may hold such additional meetings as shall be necessary when called by the Chairman or any two Commissioners, provided all members of the Commission shall have been notified at least one (1) day in advance of such special meeting. No official action shall be taken by the Commission except in a meeting which is open to the public. Any two Commissioners or the Chairman and any one Commissioner shall constitute a quorum, but no official action shall be taken except under
GEORGIA LAWS 1984 SESSION
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the affirmative vote of at least two commissioners or one commissioner and the Chairman. The Chairman shall be entitled to the same voting rights as other commissioners on questions considered by the Commission."
Section 2. This Ordinance shall become effective on the second and final adoption as provided by law.
Section 3. All Ordinances, or the Act or portions of the Act, or parts thereof, in conflict herewith are hereby repealed.
First adopted this 11th day of January, 1983.
Finally adopted this 25th day of January, 1983.
Board of Commissioners Rockdale County, Georgia
/s/ C. S. Smith, Jr.,
/s/ Charlie Trollinger
/s/ L. W. Ingle
Attest:
/s/ Sarah R. Alexander Ex-Officio Clerk
Approved as to Form:
/s/ Sidney Nation County Attorney
Certification
I, Sarah R. Alexander, Ex-Officio Clerk of the Board of Commissioners of Rockdale County, hereby certify that the foregoing is true and correct copy of an original ordinance entitled: "An Ordinance to Amend an Act Entitled `An Act to Create a Board of Commissioners for Rockdale County;. . .(GA LAW 1977, p. 2817) and that the same was duly adopted by the Board of Com-
5326 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
missioners of Rockdale County at a public meeting held on January 11, 1983 (first reading) and January 25, 1983 (second reading) and I further certify that said ordinance has been neither amended, modified nor repealed, but remains of force and effect. In witness whereof, I hereunto set and affix the seal of the County, this 27th day of January, 1983.
/s/ Sarah R. Alexander Ex-Officio Clerk Board of Commissioners Rockdale County
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 Manager of The Rockdale Citizen, and that the attached advertisement was published in said newspaper on the following dates: January 11, 18, 25, 1983.
/s/ Jane O. Patterson
Legal
Please take notice that pursuant to the Constitution of the State of Georgia, Article 9, Section 2, paragraph 1 that the Rockdale County Board of Commissioners pursuant to its County Home Rule power has before it a proposal to amend House Bill 610, Ga. Laws 1977, page 2817, by amending Section 8 of said act. The proposed amendment is on file in the office of the Clerk of Superior Court of Rockdale County for the purpose of examination and inspection by the public. The Clerk of Superior Court will furnish anyone, upon written request, a copy of the proposed amendment. The proposed amendment deals with the time and date of public meetings of the Board of Commissioners, to wit, the Commission shall hold regular meetings on the second and fourth Tuesdays of each month at the County seat at 10:00 a.m. on the second Tuesday and 7:00 p.m. on the fourth Tuesday.
GEORGIA LAWS 1984 SESSION
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This notice is intended as only a synopsis of the proposed amendment. Your attention is invited to the complete copy on file in the Rockdale County Clerk of Superior Courts Office.
Sworn to and subscribed before me this 26th day of January, 1983.
/s/ Jenell Orr Notary Public, Georgia State at Large My Commission Expires Jan. 11, 1986
Filed in the Office of the Secretary of State February 3, 1983.
GEORGIA LAWS 1984 SESSION
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CHARTER AMENDMENTS ADOPTED
PURSUANT TO
THE MUNICIPAL HOME RULE ACT OF 1965 AS AMENDED
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CITY OF ALBANY--IMPROVEMENT OF ALLEYS--ASSESSMENT OF COSTS.
An Ordinance Entitled
An Ordinance adopted under the provisions of the Municipal Home Rule Act of 1965, as amended, amending the Charter of the City of Albany so as to provide for the paving of alleys and the assessment of the entire cost thereof against the adjoining property owners upon the signed petition of the owners of fifty percent (50%) of the front footage of the property adjacent to said alley; repealing ordinances or parts of ordinances and charter provisions or parts of charter provisions in conflict; and for other purposes.
Be it Ordained by the Board of Commissioners of the City of Albany, Georgia, and it is hereby ordained by the authority of same:
Section 1. Section 33 of the Charter of the City of Albany, entitled "Street Improvements, etc.", is amended by striking from said section the third paragraph of subsection (A), which paragraph reads as follows:
"In addition to the foregoing authority, the City of Albany, upon the signed petition of the owners of seventy-five (75) percent of the front footage of the property adjacent to any alley within said city, shall have the power to drain, grade and pave said alley, the total costs thereof to be paid by the adjacent land owners, fifty (50) percent thereof by the owners of the land on each side of said alley, without any part of the cost thereof to be borne by the city; provided, however, that all of the procedures prescribed above relating to notice to property owner and procedures for determining and assessing the cost of improvement projects are applicable and shall be observed.", and ordaining in lieu thereof the following:
"In addition to the foregoing authority, the City of Albany, upon the signed petition of the owners of fifty (50) percent of the front footage of the property adjacent to any alley within said city, shall have the power to drain, grade and pave said alley, the total costs thereof to be paid by the adjacent land own-
5332 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ers, fifty (50) percent thereof by the owners of the land on each side of said alley, without any part of the cost thereof to be borne by the city; provided, however, that all of the procedures prescribed above relating to notice to property owner and procedures for determining and assessing the cost of improvement projects are applicable and shall be observed."
Section 2. This ordinance shall become effective immediately upon its adoption by the Board of Commissioners of the City of Albany at two regular consecutive meetings, and after compliance with all of the provisions of the Municipal Home Rule Act of 1965, as amended.
Section 3. All ordinances or parts of ordinances and all charter provisions or parts of charter provisions in conflict herewith are repealed.
/s/ James H. Gray, Sr. Mayor
Attest:
/s/ Joann Pope City Clerk
Adopted: March 10, 1983 Adopted: March 22, 1983
Affidavit of Publisher
State of Georgia County of Dougherty
Personally appeared before the undersigned, an officer authorized to administer oaths in said State and County, Geoffrey L. Gray, who, having been sworn states that he is Advertising Director for the Albany Herald Publishing Company, Inc., that the Albany Herald Publishing Company, Inc. is the publisher of the Albany Herald, a daily newspaper of general circulation in the City of Albany, and the paper in which the sheriff's advertisements for Dougherty County, Georgia are published, and that the legal notice, a copy of which is attached hereto, was pub-
GEORGIA LAWS 1984 SESSION
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lished in the Albany Herald once a week for three weeks on the following dates: March 7, March 14 and March 21, 1983.
/s/ Geoffrey L. Gray
Sworn to and subscribed before me this 22 day of March, 1983.
/s/ Pauline Buckner Notary Public My Commission Expires May 24, 1985.
Notice
Notice is given that there has been filed with the Clerk of the City of Albany, Georgia, an ordinance proposing under the Municipal Home Rule Act of 1965 to amend the Charter of the City of Albany so as to provide for the paving of alleys and the assessment of the entire cost thereof against the adjoining property owners upon the signed petition of the owners of fifty percent (50%) of the front footage of the property adjacent to said alley.
A copy of said ordinance is on file in the office of the Clerk of the City of Albany, Georgia, and a copy thereof is also on file in the office of the Clerk of the Superior Court of Dougherty County, Georgia, and such ordinances is available at either of said places for the purpose of examination or inspection by the public. City of Albany, Georgia By: James V. Davis City Attorney
Filed in the Office of the Secretary of State March 28, 1983.
5334 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CITY OF AMERICUS--SALARIES OF MAYOR, MAYOR PRO-TEM AND ALDERMEN.
An Ordinance to amend an Act creating a Charter for the Mayor and City Council of Americus (Georgia Laws 1889, pp. 961-975, Act No. 624, section XVI, as amended) pursuant to the authority granted by (Georgia Laws 1965, pp. 298, 302; 1966, pp. 296, 298; 1973, pp. 778, 780; 1974, p. 195; 1975, p. 28; 1979, pp. 645, 647; 1981, p. 1741) and pursuant to the authority granted by (Georgia Laws 1965, pp. 298, 299; 1966, p. 296; 1976, p. 1429), so as to set the compensation of the Mayor and Aldermen and Mayor Pro-Tem of the Mayor and City Council of Americus; and to repeal conflicting laws; and for other purposes.
Be it Ordained, by the Mayor and Aldermen of the Mayor and City Council of Americus, and it is thereby ordained by the authority of the same as follows, to wit:
1.
That an Act creating a charter for the Mayor and City Council of Americus (Georgia Laws 1889, pp. 961-975, Act No. 624, Section XVI, as amended on February 1, 1951 by Georgia Laws 1951, Act. No. 37, Sec. 1; and as further amended on February 3, 1955 by Georgia Laws 1955, Act No. 7, Sec. 8; and as further amended by Georgia Laws 1956, Act No. 71, Sec. 5, and as further amended by an Ordinance of the Mayor and City Council of Americus dated March 6, 1978) is further amended by striking Section XVI, as amended in its entirety, and substituting in lieu thereof, a new Section XVI, to read as follows:
"The salary of the Mayor of the Mayor and City Council of Americus shall be $700.00 per month, the salary of the Mayor Pro-Tem of the Mayor and City Council of Americus shall be $400.00 per month, and the salaries of the Aldermen of the Mayor and City Council of Americus shall be $350.00 per month."
2.
All laws and ordinances or parts of laws and ordinances in conflict herewith are hereby repealed.
GEORGIA LAWS 1984 SESSION
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3.
This ordinance shall become effective on January 1, 1984.
Adopted at two regular consecutive meetings of the Mayor and Aldermen of the Mayor and City Council of Americus not less than seven nor more than sixty days apart after a synopsis of said ordinance having been published in the Americus TimesRecorder once a week for three weeks, within a sixty (60) day period immediately preceding said ordinance's final adoption.
Final Adoption this 26th day of September, 1983.
Attest:
Mayor and City Council of Americus By: /s/ Russell Thomas, Jr.,
Mayor
/s/ Sybil Hamrick. Clerk-Treasurer
State of Georgia County of Sumter
Before me the undersigned authority, personally appeared WILLIAM E. BLAIR, Publisher of the Americus Times-Recorder, who on oath deposes and says that the following Notice containing a synopsis of a proposed Amendment to the Charter of the Mayor and City Council of Americus was published in the Americus Times-Recorder on September 10, 1983, September 16, 1983, and September 23, 1983.
5336 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me this 28th day of September, 1983.
/s/ William E. Blair, Publisher Americus Times-Recorder
/s/ Nancy A. Campbell Notary Public State of Georgia Notary Public, Georgia, State at Large My Commission Expires Jan. 28, 1984 (Seal)
Legal No. 2044 Notice
Notice is hereby given that the Mayor and Aldermen of the Mayor and City Council of Americus will consider an amendment to the Charter of the Mayor and City Council of Americus (Georgia Laws 1889, pp. 961-975, Act No. 624, Section XVI, as amended) pursuant to the authority granted by (Georgia Laws 1965, pp. 298, 302; 1966 pp. 296, 298; 1973, pp. 778, 780; 1974, p. 195; 1975, p. 28; 1979, pp. 645, 647; 1981, p. 1741) and pursuant to the authority granted by (Georgia Laws 1965, pp. 298, 299; 1966, p. 296; 1976, p. 1429), so as to set the compensation of the Mayor of the Mayor and City Council of Americus at $700.00 per month, the salary of the Mayor Pro-Tern of the Mayor and City Council of Americus at $400.00 per month, and the salaries of the Aldermen of the Mayor and City Council of Americus at $350.00 per month to become effective January 1, 1984. The aforesaid Amendment will be considered for final adoption at the regular monthly meeting of the Mayor and City Council of Americus to be held on September 26, 1983, at 7:00 p.m. at the Public Safety Building in Americus, Georgia. A copy of the proposed Amendment is on file in the Office of the Clerk of the Mayor and City Council of Americus and the Office of the Clerk of the Superior Court of Sumter County, Georgia, for the purpose of examination and inspection by the public. The Clerk of
GEORGIA LAWS 1984 SESSION
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the Mayor and City Council of Americus will furnish anyone, upon written request, a copy of the proposed Amendment.
This 22nd day of August, 1983.
Mayor and City Council of Americus By: /s/ Russell Thomas, Jr.,
Mayor
Attest: /s/
Sybil Hamrick, Clerk-Treasurer Crisp, Oxford & Gatewood, P.A. Attorneys at Law P.O. Box J Americus, Georgia 31709
Filed in the Office of the Secretary of State September 29, 1983.
CITY OF ATLANTA--PLAN OF REORGANIZATION OF REORGANIZATION OF ADMINISTRATIVE DEPARTMENTS.
An Ordinance to amend an Ordinance entitled "An Ordinance Specifying the Names of the Executive Branch of the government, setting forth the duties and functions of each department thereof, and defining the internal organization of each department, including professional and technical qualifications of each department head", adopted March 4, 1974, and approved March 7, 1974, as subsequently amended, particularly as amended by an Ordinance adopted June 21, 1982, and approved June 22, 1982, so as to repeal certain divisions and sections of said ordinance and to substitute in lieu thereof certain amendments constituting a plan of reorganization 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.
5338 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 subsequently amended, is hereby amended as set forth hereinbelow.
Section 2. That Part II, "Functions and Duties of the Various 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 following offices:
(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 Management Systems.
(b) The functions and duties of the Department of the Mayor shall include actively pursuing state and federal financing grants and direction of management, monitoring and evaluation of grant contract programs, policies and priorities.
(c) The functions and duties of the Office of Communications shall include:
(1) Refining and developing alternatives and recommendations for communications plans and policies for action by the mayor and council;
(2) Monitoring and regulating the provision of services
GEORGIA LAWS 1984 SESSION
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and rates charged by any and all CATV franchises in accordance with written contracts and approved regulations;
(3) Interfacing with the private CATV and cable industry, the state and federal governments, and private citizens; acting as both a coordinator and disseminator of information affecting the city's 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 contracts and approved regulations;
(5) Performing an ongoing needs assessment to update information-transfer capabilities of city government; establishing a comprehensive radio communications plan; and coordinating the integration of radio, cable, and computers for transmitting data and information;
(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 referral 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;
5340 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(3) Coordinating and contracting for development of social services with various agencies located within the metropolitan area including, but not limited to, Fulton County's social service agencies, equal opportunity agencies, Community Relations Commission, and private agencies; and
(4) Receiving and responding to complaints and inquiries from members of the public;
(5) Coordination of neighborhood planning unit meetings.
(e) The functions and duties of the Office of Contract Compliance shall include:
(1) Monitoring the effectiveness of all city government efforts with regard to promoting equal opportunity in contracting;
(2) Recommending ordinances, executive and administrative directives to assure that the city's goals and objectives in the areas of affirmative action, equal opportunity and minority and female business enterprise opportunity are implemented in city contracting; and
(3) Administering the city's 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 construction projects.
(g) 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-
GEORGIA LAWS 1984 SESSION
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puter usage as established by the Computer Application Priority Board;
(2) In conjunction with the Department of Finance, implementing and operating accounting and financial management systems of the city and its respective branches, departments, offices, boards, commissions, and other agencies thereof;
(3) In conjunction with the Department of Administrative Services, providing record management systems to city departments.
(4) Providing overall responsibility for the systems analysis of the city's manual and automated processing of data; and
(5) Providing assistance to departments on the use of management systems techniques.
(h) 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, however, anything herein to the contrary notwithstanding, the head of the Office of Contract Compliance shall remain in the classified 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 Communications 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.
Section 3: That Part II, "Functions and Duties of the Various Departments of the Executive Branch", Section 2, be and is hereby amended by adding under Section 2(g) an additional sub-section (4) to read as follows:
Section 2(g)(4):
Provide record management facilities and systems to city departments.
5342 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 4: That Part II "Functions and Duties of Various Departments of the Executive Branch", Section 9, be and is hereby deleted in its entirety, and the following inserted in lieu thereof:
"Section 9. The Department of Finance.
(a) In addition to the general qualifications hereinbefore set out, the Commissioner of the Department of Finance shall possess experience in at least two of the following fields at a supervisory level: Information Systems (computer usage), Accounting, Auditing, Fund Investment, Fund Custody, Management Analysis, Budget Formulation, Budget Execution, Management Reporting and/or Bond Issuance, including financial planning therefor, financial lease analysis or negotiation, and financial legislative fiscal analysis. Such experience may be in either previous private employment or previous government employment.
(b) The Department of Finance shall consist of the following Bureaus:
(1) Bureau of Budget and Management Analysis;
(2) Bureau of Program and Performance Evaluation;
(3) Bureau of Accounting and Budget Administration;
(4) Bureau of Treasury, Licensing and Employee Benefits;
(5) Bureau of Financial Analysis and Auditing.
(c) The functions and duties of the Department of Finance, in addition to its responsibilities to the Council and to any set forth in the Charter, as the same relate to its responsibility to the Executive Branch, shall be as follows:
(1) Maintain all general accounts of the city government; prescribe, install and implement accounting systems of the city government and its respective branches, departments, offices, boards and commissions and other agencies thereof; audit, verify and process payment of all disbursements of the
GEORGIA LAWS 1984 SESSION
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city, and maintain an original and official copy of all contracts and leases entered into in which the city is a party;
(2) Administer the payroll of the City of Atlanta, the financial and accounting aspects of the pension systems and benefits, and insurance programs;
(3) Maintain liaison with the Department of Administrative Services to furnish information concerning pension systems and benefits, and insurance programs; provide fiscal information data and requirements for pension, life insurance, and other employee benefit programs;
(4) Monitor assessment and receipt of returns on taxable property; collect revenues, including receiving and taking custody of all monies paid to the city and demanding all monies and fees owing to the city whenever any person, firm or corporation is indebted to the city; keep proper books containing a full and accurate account of all monies received and disbursed;
(5) Examine and audit accounts and financial transactions of all officers, branches, departments, boards, offices, commissions and other agencies of the city;
(6) Administer the treasury functions, including the custody and investment of funds;
(7) Conduct continuous studies and analyses to identify and secure new sources of revenue;
(8) Administer all licensing procedures applicable to persons, firms and corporations engaged in a business, occupation or profession (but excluding such permits and licenses as are specifically issued by other departments) and enforce the business license ordinance;
(9) Gather fiscal information and data for the preparation of the capital improvements program and the operating budget; provide such information to the mayor, the Budget Commission and Finance Committee, and the Council;
5344 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(10) Prepare allotment schedules and personnel controls; review monthly-quarterly performance reports with departments, the Mayor and the Chief Administrative Officer; prepare performance reporting system for the mayor depicting progress is carrying out budget work programs, objectives and activities;
(11) Provide management assistance to department; conduct studies of procedures, processes, and work methods and assist in the development of performance and impact measurements;
(12) Develop bond formulas and administer debt;
(13) Provide fiscal information, data and requirements on the lease of city facilities and negotiations and make recommendations accordingly;
(14) Provide fiscal information, data and requirements on legislative matters affecting the city at the state and federal levels and make recommendations accordingly;
(15) Provide for the issuance of bonds, including financial planning therefor, financial lease analysis or negotiation, and financial legislative fiscal analysis;
(16) Prepare long-range and short-range airport and water/sewerage financing plans;
(17) Prepare recommended budget policies and priorities for the mayor, prepare the annual capital improvements program in conformance with the city's adopted comprehensive development plan, and prepare the city's annual operating and capital budgets in line-item form for the purpose of making recommendations to the council;
(18) Consider budget appeals from department heads as they relate to adopted budget policies;
(19) Review and recommend to the mayor proposed changes and modifications to the adopted budget;
GEORGIA LAWS 1984 SESSION
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(20) Conduct budget hearings and analyses at the direction of the mayor and the chief administrative officer;
(21) Prepare budget forms and instructions, and promulgate budget preparation procedures to departments and agencies; and
(22) Review departmental actions as they relate to compliance with established goals and policies; coordinate city goals and policies with those of other governmental and private agencies;
(23) Periodically evaluate inter- and intra-departmental operations and functions to determine results, efficiency, effectiveness and need for program process, organization or policy changes;
(24) Review and coordinate ordinances and resolutions submitted to city council from the various city departments and agencies;
(25) Provide overall monitoring and analysis of the city's Grant programs.
Section 5: 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 Office of the Clerk of Council and in the Offices of the Clerks of the Superior Courts of Fulton County and DeKalb County and that "Notice of Proposed Amendment to the Charter of the City of Atlanta", attached hereto, marked "Exhibit A" and made a part of this ordinance, be published once a week for three weeks in a newspaper of general circulation in the City of Atlanta and in the official organ of Fulton County, and that a copy of said advertisement be attached to the ordinance prior to its final adoption by the Council of the City of Atlanta.
Section 6: That all laws, ordinances, and parts thereof in conflict herewith be and are hereby repealed.
5346 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
A true copy /s/ Jessee C. Bearden
Deputy Clerk
Adopted by City Council Feb. 21, 1983 Approved by the Mayor Feb. 24, 1983
Affidavit of Publication
State of Georgia County of Fulton
Personally appeared before me, the undersigned Notary Public, who after being duly sworn, states under oath that he/she is the representative of Atlanta Newspapers, Proprietors of The Atlanta Journal (Daily Evening), The Atlanta Constitution (Daily Morning), The Atlanta Journal and The Atlanta Constitution (Saturday), and The Atlanta Journal and The Atlanta Constitution (Sunday), Newspapers of general circulation published in the City of Atlanta, Georgia, and who further states under oath that the advertisement attached hereto and made a part of this affidavit appeared in The Atlanta Constitution on February 3rd of 1983.
/s/ Janet Knox
Sworn to and subscribed before me, This 25th day of February, 1983.
/s/ Anne S. McGlen Notary Public, Georgia, State At Large My Commission Expires Jan. 8, 1984
Legal Notice
Notice of Proposed Ordinance to Amend the Administrative Organization of the City of Atlanta
Notice is hereby given that an Ordinance has been introduced which amends the administrative organization of the City of Atlanta in accordance with Section 3-302 of the Charter of the City of Atlanta (Ga. Laws 1973, p. 2188, approved March 16, 1973), so as to establish the names of the Executive Branch of government, redefine the duties and functions of certain departments
GEORGIA LAWS 1984 SESSION
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thereof, and define the internal organization of certain departments, including professional and technical qualifications of each department head; and for other purposes.
A copy of the proposed Ordinance is on file in the office of the Clerk of Council of the City of Atlanta and in the office of the Clerk of Superior Court of Fulton County and DeKalb County, Georgia, for purposes of examination and inspection by the public.
This the 18th day of January, 1983.
Larry M. Dingle Clerk of Council City of Atlanta, Georgia
Affidavit of Publication
State of Georgia County of Fulton
Personally appeared before me, the undersigned Notary Public, who after being duly sworn, states under oath that he/she is the representative of Atlanta Newspapers, Proprietors of The Atlanta Journal (Daily Evening), The Atlanta Constitution (Daily Morning), The Atlanta Journal and The Atlanta Constitution (Saturday), and The Atlanta Journal and The Atlanta Constitution (Sunday), Newspapers of general circulation published in the City of Atlanta, Georgia, and who further states under oath that the advertisement attached hereto and made a part of this affidavit appeared in The Atlanta Constitution on February 10th of 1983.
/s/ Janet L. Knox
Sworn to and subscribed before me, This 25th day of February, 1983.
/s/ Anne S. McGlen Notary Public, Georgia, State At Large My Commission Expires Jan. 8, 1984
5348 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Notice of Proposed Ordinance to Amend the Administrative Organization of the City of Atlanta
Notice is hereby given that an Ordinance has been introduced which amends the administrative organization of the City of Atlanta in accordance with Section 3-302 of the Charter of the City of Atlanta (Ga. Laws 1973, p. 2188, approved March 16, 1973), so as to establish the names of the Executive Branch of government, redefine the duties and functions of certain departments thereof, and define the internal organization of certain departments, including professional and technical qualifications of each department head; and for other purposes.
A copy of the proposed Ordinance is on file in the office of the Clerk of Council of the City of Atlanta and in the office of the Clerk of Superior Court of Fulton County and DeKalb County, Georgia, for purpose of examination and inspection by the public.
This the 18th day of January, 1983.
Larry M. Dingle, Clerk of Council City of Atlanta, Georgia
Affidavit of Publication
State of Georgia County of Fulton
Personally appeared before me, the undersigned Notary Public, who after being duly sworn, states under oath that he/she is the representative of Atlanta Newspapers, Proprietors of The Atlanta Journal (Daily Evening), The Atlanta Constitution (Daily Morning), The Atlanta Journal and The Atlanta Constitution (Saturday), and The Atlanta Journal and The Atlanta Constitution (Sunday), Newspapers of general circulation published in the City of Atlanta, Georgia, and who further states under oath that the advertisement attached hereto and made a
GEORGIA LAWS 1984 SESSION
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part of this affidavit appeared in The Atlanta Constitution on February 17th of 1983.
/s/ Janet L. Knox
Sworn to and subscribed before me, This 25th day of February, 1983.
/s/ Anne S. McGlen Notary Public, Georgia, State At Large My Commission Expires Jan. 8, 1984
Notice of Proposed Ordinance to Amend The Administrative Organization of the City of Atlanta
Notice is hereby given that an Ordinance has been introduced which amends the administrative organization of the City of Atlanta in accordance with Section 3-302 of the Charter of the City of Atlanta (Ga. Laws 1973, p. 2188, approved March 16, 1973), so as to establish the names of the Executive Branch of government, redefine the duties and functions of certain departments thereof, and define the internal organization of certain departments, including professional and technical qualifications of each department head; and for other purposes.
A copy of the proposed Ordinance is on file in the office of the Clerk of Council of the City of Atlanta and in the office of the Clerk of Superior Court of Fulton County and DeKalb County, Georgia, for purposes of examination and inspection by the public.
Larry M. Dingle, Clerk of Council City of Atlanta, Georgia
Publisher's Certificate
State of Georgia County of DeKalb
Personally appeared before the undersigned, a notary public within and for said county and State, Gerald Wm. Crane CoPublisher of Decatur-DeKalb News/Era, a newspaper publisher
5350 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
at Decatur, county of DeKalb, State of Georgia who, being duly sworn, states on oath that the report of Notice of proposed ordinance to amend the administrative organization of the city of Atlanta a true copy of which is hereto annexed, was published in said newspaper in its issue of the 3, 10, 17th day of February 1983.
/s/ Gerald W. Crane, Co-Publisher
Sworn to and subscribed before me this 17th day of February 1983.
/s/ Linda L. Orr, Notary Public My commission expires June 21, 1985 (SEAL)
Notice of Proposed Ordinance to Amend The Administrative Organization of the City of Atlanta
Notice is hereby given that an Ordinance has been introduced which amends the administrative organization of the City of Atlanta in accordance with Section 3-302 of the Charter of the City of Atlanta (Ga. Laws 1973, p. 2188, approved March 16, 1973), so as to establish the names of the Executive Branch of government, redefine the duties and functions of certain departments thereof, and define the internal organization of certain departments, including professional and technical qualifications of each department head; and for other purposes.
A copy of the proposed Ordinance is on file in the office of the Clerk of Council of the City of Atlanta and in the office of the Clerk of Superior Court of Fulton County and DeKalb County, Georgia, for purposes of examination and inspection by the public.
This the 18th day of January, 1983.
Larry M. Dingle Clerk of Council City of Atlanta, Georgia
GEORGIA LAWS 1984 SESSION
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Publisher's Affidavit
State of Georgia County of Fulton
Before me the undersigned, a Notary Public, this day personally 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 and 17th days of February, 1983. As provided by law.
/s/ Walter G. Nale
Subscribed and sworn to before me this 17th day of February 1983.
/s/ Dorothy G. Higgins Notary Public, Georgia, State at Large My Commission Expires Nov. 21, 1986
Notice of Proposed Ordinance to Amend the Administrative Organization of the City of Atlanta
Notice is hereby given that an Ordinance has been introduced which amends the administrative organization of the City of Atlanta in accordance with Section 3-302 of the Charter of the City of Atlanta (Ga. Laws 1973, p. 2188, approved March 16, 1973), so as to establish the names of the Executive Branch of government, redefine the duties and functions of certain departments thereof, and define the internal organization of certain departments, including professional and technical qualifications of each department head; and for other purposes.
A copy of the proposed Ordiance is on file in the office of the Clerk of Council of the City of Atlanta and in the office of the Clerk of Superior Court of Fulton County and DeKalb County, Georgia, for purposes of examination and inspection by the public.
5352 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This the 18th day of January, 1983.
Larry M. Dingle, Clerk of Council City of Atlanta, Georgia
Filed in the Office of the Secretary of State, March 3, 1983.
CITY OF ATLANTA--"CETA" CHANGED TO "ASSET ATLANTA".
An Ordinance and Charter amendment to amend that certain Ordinance and Charter amendment adopted June 21, 1982, and approved June 22, 1982, by striking subsections 4(b)(4) and 4(f) in their entirety and substituting in lieu thereof new subsections 4(b)(4) and 4(f), so as to change the name of "CETA" to "Asset Atlanta;" to repeal conflicting laws and ordinances; and for other purposes.
WHEREAS, the City of Atlanta has received grant funds from the U.S. Department of Labor under various Titles of the Comprehensive Employment and Training Act; and
WHEREAS, the Comprehensive Employment and Training Act expired on September 30, 1982; and
WHEREAS, the new name of the City's employment and training office will symbolize the new directions of local programs in response to the new Federal legislation; and
WHEREAS, ASSET (an acronym for Atlanta Strategies and Systems for Employment and Training) Atlanta accurately reflects both the purpose of the City's employment and training office and its positive impact on the local economy; and
WHEREAS, an ordinance and charter amendment adopted by Council on June 21, 1982, and approved by the Mayor on June 22, 1982, identified the Office of Comprehensive Employment
GEORGIA LAWS 1984 SESSION
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and Training commonly known as "CETA"; and
WHEREAS, all references to the Office of Comprehensive Employment and Training need to be amended to delete said name, substituting in lieu thereof ASSET Atlanta whenever that name appears.
THEREFORE, be it Ordained by the Council of the City of Atlanta, Georgia, as follows:
Section 1: That an Ordinance and Charter Amendment adopted by Council on June 21, 1982 and approved by the Mayor on June 22, 1982 which amended certain amendments constituting a Plan of Reorganization of the Departments of the City of Atlanta, in accordance with Section 3-302 of the Charter of the City of Atlanta, as amended, be, and the same hereby is, amended by striking subsection 4(b)(4) in its entirety and substituting in lieu thereof a new subsection 4(b)(4), to read as follows:
"SECTION 4: Department of Community Development * * *
(b) The Department of Community Development shall con-
sist of the following bureaus and offices: * * *
(4) The Office of Asset Atlanta, to be known as `ASSET
ATLANTA' 1
* * *
Section 2: That an Ordinance and Charter Amendment adopted by Council on June 21, 1982, and approved by the Mayor on June 22, 1982, which amended certain amendments constituting a Plan of Reorganization of the Department of the City of Atlanta, in accordance with Section 3-302 of the Charter of the City of Atlanta, be, and the same hereby is, amended by striking the first line of Subsection 4(f) thereof in its entirety and substituting in lieu thereof a new first line of subsection 4(f), to read as follows:
"(f) The functions and duties of ASSET Atlanta shall include:"
5354 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 3: That it is the intent of the Council by Ordinance and Charter to change the name of the Office of Comprehensive Employment and Training, commonly known as "CETA" wherever that name appears in ordinances and resolutions previously adopted by this council, so that in all previous ordinances and resolutions the name entitled ASSET Atlanta will be substituted.
Section 4: That ASSET Atlanta will be considered an office within the Department of Community Development as the term office is defined elsewhere in the charter.
Section 5: That a copy of this proposed amendment to the Charter of the City of Atlanta, Georgia be filed in the Office of the Clerk of Council and in the Offices of the Clerks of the Superior Courts of Fulton County and DeKalb County and that notice of Proposed Amendment to the Charter of the City of Atlanta, attached hereto marked Exhibit A and made a part of this ordinance, be published once a week for three (3) weeks in a newspaper of general circulation in the City of Atlanta, and in the official organ of Fulton County and that a copy of said advertisement be attached to this ordinance prior to its final adoption by the Council of the City of Atlanta.
Section 6: That all laws, ordinances and parts thereof in conflict herewith be and are hereby repealed.
Adopted by Atlanta City Council April 18, 1983.
APPROVED April 21, 1983.
A true copy, /s/ Jessee C. Bearden
Deputy Clerk of Council
Publisher's Certificate
State of Georgia County of DeKalb
Personally appeared before the undersigned, a notary public within and for said county and State, Gerald Wm. Crane Co-
GEORGIA LAWS 1984 SESSION
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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 ASSET Atlanta, a true copy of which is hereto annexed, was published in said newspaper in its issue of the 31, 7, 14th day of March, April 1983.
/s/ Gerald W. Crane Co-Publisher
Sworn to and subscribed before me this 14th day of April, 1983.
/s/ Linda L. Orr Notary Public My commission expires June 21, 1985 (SEAL)
Exhibit "A"
Notice of Proposed Amendment to Charter of the City of Atlanta
Notice is hereby give than an Ordinance has been introduced to amend the Charter of the City of Atlanta (Ga. L. 1973, p. 2188, et. seq. approved March 16, 1973) so as to amend Section 3-302 Subsection 4(b) & 4(F), to amend the Reorganization Ordinance adopted June 21, 1982, and approved June 22, 1982 of the Charter by changing the name of "CETA" to "ASSET Atlanta," to repeal conflicting laws and for other purposes.
A copy of the proposed amendment of the Charter is on file in the Office of the Clerk of Council of the City of Atlanta and the Office of the Clerk of the Superior Court of Fulton and DeKalb Counties, Georgia, for the purpose of examination and inspection by the public.
5356 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This the 23rd day of March, 1983.
Larry M. Dingle Clerk of Council City of Atlanta
Affidavit of Publication
State of Georgia County of Fulton
Personally appeared before me, the undersigned Notary Public, who after being duly sworn, states under oath that he/she is the representative of Atlanta Newspapers, Proprietors of The Atlanta Journal (Daily Evening), The Atlanta Constitution (Daily Morning), The Atlanta Journal and The Atlanta Constitution (Saturday), and The Atlanta Journal and The Atlanta Constitution (Sunday), Newspapers of general circulation published in the City of Atlanta, Georgia, and who further states under oath that the advertisement attached hereto and made a part of this affidavit appeared in The Atlanta Constitution on April 2nd, 7th and 14th of 1983.
/s/ Janet L. Knox
Sworn to and subscribed before me, This 18th day of April, 1983.
/s/ Anne S. McGlen Notary Public, Georgia, State At Large My Commission Expires Jan 8, 1984
Legal Notices
Notice of Proposed Amendment to Charter of the City of Atlanta
Notice is hereby given that an Ordinance has been introduced to amend the Charter of the City of Atlanta (Ga. L. 1973, p. 2188, et. seq. approved March 16, 1973), so as to amend Section 3-302 Subsection 4(b) 4 & 4(F), to amend the Reorganization Ordinance adopted June 21, 1982, and approved June 22, 1982
GEORGIA LAWS 1984 SESSION
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of the Charter by changing the name of "CETA" to "ASSET Atlanta," to repeal conflicting laws and for other purposes.
A copy of the proposed amendment to the Charter is on file in the Office of the Clerk of Council of the City of Atlanta and the Office of the Clerk of the Superior Court of Fulton and DeKalb Counties, Georgia, for the purpose of examination and inspection by the public.
This the 30th day of March, 1983.
Larry M. Dingle Clerk of Council City of Atlanta
Publisher's Affidavit
State of Georgia County of Fulton
Before me, the undersigned, a Notary Public, this day personally came 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 31 day of March 1983, and on the 7, 14 days of April 1983. As provided by law.
/s/ Walter G. Nale
Subscribed and sworn to before me this 26 day of April, 1983.
/s/ April M. Elmore Notary Public, Georgia, State at Large My Commission Expires Feb. 17, 1986
5358 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Exhibit "A"
Notice of Proposed Amendment to Charter of the City of Atlanta
Notice is hereby given that an Ordinance has been introduced to amend the Charter of the City of Atlanta (Ga. L. 1973, p. 2188, et. seq. approved March 16, 1973) so as to amend Section 3-302 Subsection 4(b) 4 & 4(F), to amend the Reorganization Ordinance adopted June 21, 1982, and approved June 22, 1982 of the Charter by changing the name of "CETA" to "Asset Atlanta," to repeal conflicting laws and for other purposes.
A copy of the proposed amendment to the Charter is on file in the Office of the Clerk of Council of the City of Atlanta and the Office of the Clerk of the Superior Court of Fulton and DeKalb Counties, Georgia, for the purpose of examination and inspection by the public.
This the 23rd day of March, 1983.
Larry M. Dingle Clerk of Council City of Atlanta
Filed in the Office of the Secretary of State May 2, 1983.
CITY OF ATLANTA--RESIDENCY PROVISIONS FOR PERSONS SERVING ON BOARDS, COMMISSIONS AND
COUNCILS.
An Ordiance to Amend the Charter of the City of Atlanta, Georgia (Ga. Laws 1973, p. 2188 approved March 16, 1973 as amended) section 3-401, chapter 4(a), so as to add to said Charter a residency provision for persons serving on boards, commissions and councils of the City of Atlanta.
GEORGIA LAWS 1984 SESSION
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Be it Ordained by the Council of the City of Atlanta as follows:
Section 1: That the Charter of the City of Atlanta be and is hereby amended by adding to Chapter 4, Section 3-401, subsection (a), the following sentence:
"All members of such boards, commissions, or councils shall be legal residents of the City of Atlanta."
so that when amended, Chapter 4, Boards and Commissions, Section 3-401, subsection (a) shall read:
"(a) As related to corporate, municipal, governmental or public purposes, and for the security of the peace, health and good government of the city, the council shall have the authority to create commissions, councils or boards which shall perform duties prescribed by the Council, including, but not limited to, making studies, conducting research and investigations, holding hearings, and preparing recommendations as to needed ordinances and resolutions. All members of such boards, commissions, or councils shall be legal residents of the City of Atlanta."
Section 2: That this Charter Amendment shall be effective upon adoption by the Council, and subsequent approval by the Mayor.
Section 3: 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 Office of the Clerk of Council and in the Offices of the Clerks of the Superior Courts of Fulton County and DeKalb County and that "Notice of Proposed Amendment to the Charter of the City of Atlanta", attached hereto, marked "Exhibit A" and made a part of this ordinance, be published once a week for three weeks in a newspaper of general circulation in the City of Atlanta and in the official organ of Fulton County and that a copy of said advertisement be attached to the ordinance prior to its final adoption by the Council of the City of Atlanta.
Section 4. That all Charter provisions, ordinances and parts thereof be and the same are hereby repealed.
5360 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ADOPTED by City Council July 5, 1983.
RETURNED to Clerk without action by the Mayor APPROVED per Sec. 2-403 1974 Charter
A true copy, /s/ Olivia D. Parks
Deputy Clerk
Publisher's Certificate
State of Georgia County of DeKalb
Personally appeared before the undersigned, a notary public within and for said county and State, Gerald Wm. Crane, Copublisher of Decatur-DeKalb News/Era, a newspaper publisher at Decatur, county of DeKalb, State of Georgia, who, being duly sworn, states on oath that the report of Public Notice-Residency requirement, a true copy of which is hereto annexed, was published in said newspaper in its issue of the 16, 23, 30th day of June 1983.
/s/ Gerald W. Crane Co-Publisher
Sworn to and subscribed before me this 30th day of June 1983.
/s/ Linda L. Orr Notary Public My commission expires June 21, 1985 (Seal)
Notice of Proposed Ordinance to Amend the Charter of the City of Atlanta
Notice is hereby given than an Ordinance has been introduced which amends the Charter of the City of Atlanta (Ga. Laws
GEORGIA LAWS 1984 SESSION
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1973, p. 2188, approved March 16, 1973), so as to provide residency requirements for members of boards, councils and commissions of the City of Atlanta; to repeal conflicting laws and ordinances; and for other purposes.
A copy of the proposed Ordinance is on file in the Office of the Clerk of Council of the City of Atlanta and in the Office of the Clerk of Superior Court of Fulton County and DeKalb County, Georgia, for purposes of examination and inspection by the public.
This the 8th day of June, 1983.
Larry M. Dingle Clerk of Council City of Atlanta, Georgia
Affidavit of Publication
State of Georgia County of Fulton
Personally appeared before me, the undersigned Notary Public, who after being duly sworn, states under oath that he/she is the representative of Atlanta Newspapers, Proprietors of The Atlanta Journal (Daily Evening), The Atlanta Constitution (Daily Morning), The Atlanta Journal and The Atlanta Constitution (Saturday), and The Atlanta Journal and The Atlanta Constitution (Sunday), Newspapers of general circulation published in the City of Atlanta, Georgia, and who further states under oath that the advertisement attached hereto and made a part of this affidavit appeared in The Atlanta Constitution on June 16th, 23rd and 30th of 1983.
/s/ Janet L. Knox
Sworn to and subscribed before me, this 8th day of July 1983.
/s/ Anne S. McGlen Notary Public, Georgia, State At Large My Commission Expires Jan. 8, 1984
5362 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Exhibit "A"
Notice of Proposed Ordinance to Amend the Charter of the City of Atlanta
Notice is hereby given that an Ordinance has been introduced which amends the Charter of the City of Atlanta (Ga. Laws 1973, p. 2188, approved March 16, 1973), so as to provide residency requirements for members of boards, councils and commissions of the City of Atlanta; to repeal conflicting laws and ordinances; and for other purposes.
A copy of the proposed Ordinance is on file in the Office of the Clerk of Council of the City of Atlanta and in the Office of the Clerk of Superior Court of Fulton County and DeKalb County, Georgia, for purposes of examination and inspection by the public.
This the 8th day of June, 1983
Larry M. Dingle Clerk of Council City of Atlanta Georgia
Publisher's Affidavit
State of Georgia County of Fulton
Before me, the undersigned, a Notary Public, this day personally came Frances K. Beck, who, being first duly sworn, according to law, says that she is the President of the Daily Report Company, publishers of the Fulton County Daily Report, official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 16, 23, 30, days of June 1983. As provided by law.
/s/ Frances K. Beck
GEORGIA LAWS 1984 SESSION
5363
Subscribed and sworn to before me this 6th day of July, 1983.
/s/ April M. Elmore Notary Public, Georgia, State at Large My Commission Expires Feb. 17, 1986
Exhibit "A"
Notice of Proposed Ordinance to Amend the Charter of the City of Atlanta
Notice is hereby given that an Ordinance has been introduced which amends the Charter of the City of Atlanta (Ga. Laws 1973, p. 2188, approved March 16, 1973), so as to provide residency requirements for members of boards, councils and commissions of the City of Atlanta; to repeal conflicting laws and ordinances; and for other purposes.
A copy of the proposed Ordinance is on file in the Office of the Clerk of Council of the City of Atlanta and in the Office of the Clerk of Superior Court of Fulton County and DeKalb County, Georgia, for purposes of examination and inspection by the public.
This the 8th day of June, 1983.
Larry M. Dingle Clerk of Council City of Atlanta, Georgia
Filed in the Office of the Secretary of State July 20, 1983.
CITY OF ATLANTA--HEAD OF OFFICE OF CONTRACT COMPLIANCE.
An Ordinance to amend an Ordinance entitled "An Ordinance Specifying the Names of the Executive Branch of the Government, setting forth the duties and functions of each department
5364 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
thereof, and defining the internal organization of each department, including professional and technical qualifications of each department head," adopted March 4, 1974, and approved March 7, 1974, as subsequently amended, so as to provide that the head of the Office of Contract Compliance shall be in the unclassified service; to provide that the Mayor's appointment of the head of the Office of Contract Compliance shall be subject to the confirmation of the Council; to provide that the head of the Office of Contract Compliance shall be appointed to a four (4) year term; 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 subsequently amended, is hereby amended as set forth hereinbelow:
Section 2: That Part II, Section 11(h) of said ordinance is hereby amended by deleting said Section 11(h) in its entirety and substituting in lieu thereof the following:
"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 further, that the head of the office of contract compliance shall be in the unclassified service. The Mayor's appointment of the head of the office of contract compliance shall be subject to the confirmation of the Council. The head of the office of contract compliance shall be appointed to a four (4) year term. The directors of said offices shall function under the direction and supervision of the chief administrative officer."
Section 3: 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 Office of the Clerk of Council and in the Offices of the Clerks of the Superior Courts of Fulton County and DeKalb County and that "Notice of Proposed Amendment to the Charter of the City
GEORGIA LAWS 1984 SESSION
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of Atlanta", attached hereto, marked "Exhibit A" and made a part of this ordinance, be published once a week for three weeks in a newspaper of general circulation in the City of Atlanta and in the official organ of Fulton County, and that a copy of said advertisement be attached to the ordinance prior to its final adoption by the Council of the City of Atlanta.
Section 4: That all laws, ordinances and parts thereof in conflict herewith be and are hereby repealed.
Adopted by City Council June 20, 1983.
Approved by the Mayor June 28, 1983.
A true copy
/s/ Jessee C. Bearden Deputy Clerk CMC
Affidavit of Publication
State of Georgia County of Fulton
Personally appeared before me, the undersigned Notary Public, who after being duly sworn, states under oath that he/she is the representative of Atlanta Newspapers, Proprietors of The Atlanta Journal (Daily Evening), The Atlanta Constitution (Daily Morning), The Atlanta Journal and The Atlanta Constitution (Saturday), and The Atlanta Journal and The Atlanta Constitution (Sunday), Newspapers of general circulation published in the City of Atlanta, Georgia, and who further states under oath that the advertisement attached hereto and made a
5366 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
part of this affidavit appeared in The Atlanta Journal and The Atlanta Constitution on June 4th, 9th and 16th of 1983.
/s/ Janet L. Knox
Sworn to and subscribed before me, This 8th day of July, 1983.
/s/ Anne S. McGlen Notary Public, Georgia, State At Large My Commission Expires Jan. 8, 1984
Notice of Proposed Ordinance to Amend the Administrative Organization of the City of Atlanta
Notice is hereby given that an Ordinance has been introduced which amends the administrative organization of the City of Atlanta in accordance with Section 3-302 of the Charter of the City of Atlanta, (Ga. Laws 1973, p. 2188, approved March 16, 1973), so as to provide that the head of the Office of Contract Compliance shall be in the unclassified service; to provide that the Mayor's appointment of the Office of Contract Compliance shall be subject to Council confirmation; to provide that the head of the office of contract compliance shall be appointed to a four year term; to repeal conflicting laws and ordinances; and for other purposes.
A copy of the proposed ordinance is on file in the office of the Clerk of Council of the City of Atlanta and in the office of the Clerk of Superior Court of Fulton County and DeKalb County, Georgia, for purposes of examination and inspection by the public.
This the 17th day of May, 1983.
Larry M. Dingle Clerk of Council City of Atlanta, Georgia
GEORGIA LAWS 1984 SESSION
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Publisher's Certificate
State of Georgia County of DeKalb
Personally appeared before the undersigned, a notary public within and for said county and State, Gerald William Crane, Copublisher of Decatur-DeKalb News/Era, a newspaper publisher at Decatur, county of DeKalb, State of Georgia, who, being duly sworn, states on oath that the report of City of Atlanta, a true copy of which is hereto annexed, was published in said newspaper in its issue of the 2d day of June, June 9th and June 16th, 1983
/s/ Gerald W. Crane, Publisher
By: /s/ Samme Johnson Agent
Sworn to and subscribed before me this 16th day of June, 1983.
/s/ B. Lynn Crane Notary Public My commission expires January 3, 1986. (Seal)
Exhibit "A"
Notice of Proposed Ordinance to Amend the Administrative Organization of the City of Atlanta
Notice is hereby given that an Ordinance has been introduced which amends the administrative organization of the City of Atlanta in accordance with Section 3-302 of the Charter of the City of Atlanta, (Ga. Laws 1973, p. 2188, approved March 16, 1973), so as to provide that the head of the Office of Contract Compliance shall be in the unclassified service; to provide that the Mayor's appointment of the head of the Office of Contract Com-
5368 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
pliance shall be subject to Council confirmation; to provide that the head of the office of contract compliance shall be appointed to a four year term; to repeal conflicting laws and ordinances; and for other purposes.
A copy of the proposed ordinance is on file in the office of the Clerk of Council of the City of Atlanta and in the office of the Clerk of Superior Court of Fulton County and DeKalb County, Georgia, for purposes of examination and inspection by the public.
This the 17th day of May, 1983.
Larry M. Dingle Clerk of Council City of Atlanta, Georgia
Publisher's Affidavit
State of Georgia County of Fulton
Before me, the undersigned, a Notary Public, this day personally 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 2, 9, 16, days of June 1983. As provided by law.
/s/ Walter G. Nale
Subscribed and sworn to before me this 17th day of June, 1983.
/s/ April M. Elmore Notary Public, Georgia, State at Large My Commission Expires Feb. 17, 1986
GEORGIA LAWS 1984 SESSION
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Exhibit "A"
Notice of Proposed Ordinance to Amend the Administrative Organization of the City of Atlanta
Notice is hereby given that an Ordinance has been introduced which amends the administrative organization of the City of Atlanta in accordance with Section 3-302 of the Charter of the City of Atlanta, (Ga. Laws 1973, p. 2188, approved March 16, 1973), so as to provide that the head of the Office of Contract Compliance shall be in the unclassified service; to provide that the Mayor's appointment of the head of the Office of Contract Compliance shall be subject to Council confirmation; to provide that the head of the office of contract compliance shall be appointed to a four year term; to repeal conflicting laws and ordinances; and for other purposes.
A copy of the proposed ordinance is on file in the office of the Clerk of Council of the City of Atlanta and in the office of the Clerk of Superior Court of Fulton County and DeKalb County, Georgia, for purposes of examination and inspection by the public.
This the 17th day of May, 1983.
Larry M. Dingle Clerk of Council City of Atlanta, Georgia
Filed in the Office of the Secretary of State July 20, 1983.
CITY OF ATLANTA--RULES AND PROCEDURES FOR MODIFYING PENSION LAWS.
An Ordinance to amend the Charter of the City of Atlanta, Georgia (Ga. Laws 1973, p. 2188, approved March 16, 1973, as amended) so as to add to said Charter a section to provide for rules and procedures for modifying presently existing pension
5370 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
laws appertaining to employees and officials of the City of Atlanta and its Board of Education; and for other purposes.
WHEREAS, the new Constitution of the State of Georgia was ratified in the November 1982 General Election, to become effective July 1, 1983 and,
WHEREAS, Article IX Sections II, Paragraph III(a)(14) of said Constitution grants to cities the power to maintain and modify heretofore existing retirement or pension systems, including such systems heretofore created by general laws of local application by population classification, and the power to continue in effect or modify other benefits heretofore provided as a part of, or in addition to, such retirement or pension systems and,
WHEREAS, the City desires to establish rules and procedures to maintain and modify all such systems in accordance with such rules and procedures as hereinafter provided in this Charter Amendment,
Now therefore be and it is hereby Ordained by the Council of the City of Atlanta, Georgia, as follows:
Section 1. That the Charter of the City of Atlanta be and is hereby amended by adding to Article 3, Chapter 5 a new section designated as follows:
"Section 3-507. Modification of Pension Plans. As authorized by the provisions of the Constitution of the State of Georgia of 1982, Article IX, Section II, Paragraph III(a)(14), the Acts, approved February 15, 1933, August 13, 1927 and August 20, 1924 (found respectively at Ga. Laws 1933, pp. 213, et. seq., Ga. Laws 1927 pp. 265, et. seq., Ga. Laws 1924, pp. 167, et. seq., all as amended) providing for pensions for officials and employees in cities having a population of 300,000 or more according to the United States Census of 1920 or any subsequent Census thereof, shall be modified, insofar as they appertain to employees and officials of the City of Atlanta and its Board of Education in accordance with the following rules and procedures:
(a) Any other provisions in the Charter notwithstanding, any
GEORGIA LAWS 1984 SESSION
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pension law modification shall be effected only by ordinance adopted by at least two-thirds of the total membership of the Council and duly approved by the Mayor.
(b) Any such ordinance shall be considered by the Council only after receipt of:
(1) An investigation by an independent actuary of any such proposed modification, evidenced by a written report from such actuary which shall include, but not be limited to, such actuary's analysis of the funding requirements relating to any such modification and the opinion of such actuary as to the propriety of any such modification. Any such opinion must state that such modification is in conformity with applicable state laws governing the funding requirements for modifications to such pension plans. Such opinion shall be accompanied by the written recommendations of the City Attorney and Commissioner of Finance.
(2) A written recommendation concerning such ordinance adopted by at least two-thirds of the membership of the Board of Trustees of each of the respective pension funds affected by such modification, such recommendation shall be considered by, but shall not be binding upon, the Council.
(3) Any such ordinance modifying the act approved August 13, 1927 (Ga. Laws 1927, pp. 265 et. seq., as amended) and affecting employees of the Atlanta Board of Education shall become effective as to such employees only after such modification is adopted by a majority of the total membership of the Atlanta Board of Education.
(c) No substitute or amendment to any ordinances presented to the Council hereunder shall be considered without a subsequent investigation of such proposed substitute or amendment by an independent actuary as provided in (b) (1), hereinabove, and the recommendation of the Board of Trustees of the respective pension fund affected by such modification as set forth in (b) (2), hereinabove.
5372 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(d) No ordinance which modifies any of the aforesaid pension laws and has a fiscal impact on the pension systems established by such laws shall be adopted by the Council or approved by the Mayor until adequate provisions for funding such modification has been made to defray the fiscal impact of such modification.
Section 2. That this Charter amendment shall be effective on July 1, 1983.
Section 3. 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 Office of the Clerk of Council and in the Offices of the Clerks of the Superior Courts of Fulton County and DeKalb County and that "Notice of Proposed Amendment to the Charter of the City of Atlanta", attached hereto, marked "Exhibit A" and made a part of this ordinance, be published once a week for three weeks in a newspaper of general circulation in the City of Atlanta and in the official organ of Fulton County, and that a copy of said advertisement be attached to the ordinance prior to its final adoption by the Council of the City of Atlanta.
Section 4. That all Charter provisions, ordinances or parts thereof in conflict herewith be and the same are hereby repealed.
A true copy
/s/ Jessee C. Bearden Deputy Clerk CMC
Adopted by City Council June 20, 1983.
Approved by the Mayor June 28, 1983.
Exhibit "A"
Notice of Proposed Ordinance to Amend the Charter of the City of Atlanta
Notice is hereby given that an Ordinance has been introduced
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which amends the Charter of the City of Atlanta (Ga. Laws 1973, p. 2188, approved March 16, 1973), so as to provide for rules and procedures for modifying presently existing pension laws appertaining to employees and officials of the City of Atlanta and its Board of Education; to repeal conflicting laws and ordinances; and for other purposes.
A copy of the proposed ordinance is on file in the office of the Clerk of Council of the City of Atlanta and in the office of the Clerk of Superior Court of Fulton County and Dekalb County, Georgia, for purposes of examination and inspection by the public.
This the 17th day of May, 1983.
Larry M. Dingle Clerk of Council City of Atlanta, Georgia
Affidavit of Publication
State of Georgia County of Fulton
Personally appeared before me, the undersigned Notary Public, who after being duly sworn, states under oath that he/she is the representative of Atlanta Newspapers, Proprietors of The Atlanta Journal (Daily Evening), The Atlanta Constitution (Daily Morning), The Atlanta Journal and The Atlanta Constitution (Saturday), and The Atlanta Journal and The Atlanta Constitution (Sunday), Newspapers of general circulation published in the City of Atlanta, Georgia, and who further states under oath that the advertisement attached hereto and made a part of this affidavit appeared in the Atlanta Journal & Constitution on June 2, 9, and 16 1983.
/s/ Jan Knox
5374 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 15th day of July, 1983.
/s/ Anne S. McGlen Notary Public, Georgia State At Large My Commission Expires Jan. 8, 1984
Exhibit "A"
Notice of Proposed Ordinance to Amend the Charter of the City of Atlanta
Notice is hereby given that an Ordinance has been introduced which amends the Charter of the City of Atlanta (Ga. Laws 1973, p. 2188, approved March 16, 1973), so as to provide for rules and procedures for modifying presently existing pension laws appertaining to employees and officials of the City of Atlanta and its Board of Education; to repeal conflicting laws and ordinances; and for other purposes.
A copy of the proposed ordinance is on file in the office of the Clerk of Council of the City of Atlanta and in the office of the Clerk of Superior Court of Fulton County and DeKalb County, Georgia, for purposes of examination and inspection by the public.
This the 17th day of May, 1983.
Larry M. Dingle Clerk of Council City of Atlanta
Publisher's Certificate
State of Georgia County of DeKalb
Personally appeared before the undersigned, a notary public within and for said county and State, Gerald William Crane, Copublisher of Decatur-DeKalb News/Era, a newspaper publisher at Decatur, county of DeKalb, State of Georgia, who, being duly sworn, states on oath that the report of City of Atlanta, a true
GEORGIA LAWS 1984 SESSION
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copy of which is hereto annexed, was published in said newspaper in its issue of the 2nd day of June, June 9th & June 16th, 1983.
/s/ Gerald W. Crane Co-Publisher
/s/ Samme Johnson Agent
Sworn to and subscribed before me this 16th day of June, 1983.
/s/ B. Lynn Crane Notary Public My commission expires January 3, 1986 (Seal)
Exhibit "A"
Notice of Proposed Ordinance to Amend the Charter of the City of Atlanta
Notice is hereby given that an Ordinance has been introduced which amends the Charter of the City of Atlanta (Ga. Laws 1973, p. 2188, approved March 16, 1973), so as to provide for rules and procedures for modifying presently existing pension laws appertaining to employees and officials of the City of Atlanta and its Board of Education; to repeal conflicting laws and ordinances; and for other purposes.
A copy of the proposed ordinance is on file in the office of the Clerk of Council of the City of Atlanta and in the office of the Clerk of Superior Court of Fulton County and DeKalb County, Georgia, for purposes of examination and inspection by the public.
5376 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This the 17th day of May, 1983.
Larry M. Dingle, Clerk of Council City of Atlanta, Georgia
Publisher's Affidavit
State of Georgia County of Fulton
Before me, the undersigned, a Notary Public, this day personally 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 2.9.16 days of June, 1983, and on the days of, 198_ as provided by law.
/s/ Walter G. Nale
Subscribed and sworn to before me this 17th, day of June, 1983
/s/ April M. Elmore Notary Public, Georgia State at Large My Commission Expires Feb. 17, 1986
Filed in the Office of the Secretary of State July 26, 1983.
CITY OF ATLANTA--PROCEDURES AND REQUIREMENTS FOR SUBMITTING INITIATIVES AND
REFERENDA TO VOTERS.
An Ordinance adopted under and by Virtue of the Authority of the Municipal Home Rule Act of 1966 (Ga. Laws 1966, p. 298,
GEORGIA LAWS 1984 SESSION
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et seq.), as amended, to amend section 2-407 of the Charter of the City of Atlanta, Georgia (Ga. Laws, 1973, p. 2188, et seq.), approved March 16, 1973, as amended, so as to provide procedures and requirements by which initiatives and referenda shall be submitted to the qualified voters of the city; to repeal conflicting ordinances: and for other purposes.
Be and it is hereby Ordained by the Council of the City of Atlanta, Georgia, as follows:
Section 1. Section 2-407 of the Charter of the City of Atlanta, Georgia (Ga. Laws 1973, p. 2188, et seq.), approved March 16, 1973, as amended, is hereby amended by striking said Section in its entirety and substituting in lieu thereof the following:
(a) The council shall by ordinance prescribe procedures to govern the initiation, adoption, and repeal of ordinances by the electorate, and the council shall authorize an initiative or referendum election on petition of at least 15 percent of the registered voters qualified to vote in the preceding general municipal election.
(b) The Council shall be authorized to submit to the qualified voters of the city at any election not called only for the purpose of putting said ordinance or resolution before the voters, any ordinance or resolution which it may deem proper, and in the event a majority of voters shall vote for this ordinance or resolution it shall be adopted. If a majority of the votes so cast are against the resolution or ordinance, it shall be defeated and shall not thereafter be adopted by the Council until resubmitted to and adopted by the qualified voters of the city. If it receives a majority vote of the people and becomes effective, then it can only be repealed by a majority vote of the qualified voters at an election.
Section 2. That a copy of this proposed amendment to the Charter of the City of Atlanta (Ga. L. 1973, p. 2188, approved March 16, 1973), as amended, shall be filed in the Office of the Clerk of Council and in the offices of the Clerks of the Superior Courts of Fulton County and DeKalb County and the "Notice of Proposed Amendment to the Charter of the City of Atlanta" attached hereto, marked "Exhibit A" and made a part of this ordi-
5378 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
nance, be published once a week for three weeks in a newspaper of general circulation in the City of Atlanta and in the official organ of Fulton County and that a copy of said advertisement be attached to this ordinance prior to its final adoption by the Council of the City of Atlanta.
Section 3. That all laws and parts of laws and ordinances and parts of ordinances in conflict herewith are hereby repealed.
Adopted as amended by Atlanta City Council September 7, 1983.
Approved September 10, 1983.
A true copy.
/s/ Jessee C. Bearden Deputy Clerk of Council
Notice of Proposed Amendment to the Charter City of Atlanta, Georgia
This is notice that the Atlanta City Council has introduced an ordinance that amends the Charter of the City of Atlanta whereby the requirements by which initiatives and referenda shall be submitted to the qualified voters of the City in accordance with Section 2-407 of the Charter of the City of Atlanta (Ga. Laws 1973, P. 2188, approved March 16, 1973), to provide that Council shall be ordinance prescribe procedures to govern the initiation, adoption and repeal of ordinances of the electorate; to provide that Council shall be authorized to submit to the qualified voters of the city at any election, any ordinance or resolution which it may deem proper; to repeal conflicting laws and for other purposes.
A copy of the proposed ordinance is on file in the office of the Clerk of Council of the City of Atlanta and in the office of the Clerk of Superior Court of Fulton County and DeKalb County, Georgia for examination by the public. This the 2nd day of August, 1983.
GEORGIA LAWS 1984 SESSION
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Larry M. Dingle Clerk of Council City of Atlanta, Georgia
Publisher's Certificate
State of Georgia County of DeKalb
Personally appeared before the undersigned, a notary public within and for said county and State, Gerald Wm. Crane, Copublisher of Decatur-DeKalb News/Era, a newspaper publisher at Decatur, county of DeKalb, State of Georgia, who, being duly sworn, states on oath that the report of Amendment to Charterordinance to prescribe procedures a true copy of which is hereto annexed, was published in said newspaper in its issue of the 18, 25, 1st day of August, September 1983.
/s/ Gerald W. Crane Co-Publishers
/s/ Samme Johnson Agent
Acknowledgment of the publisher must be made before a notary public or other official authorized to administer oaths.
Sworn to and subscribed before me this 1st day of September, 1983.
/s/ Linda L. Orr Notary Public My commission expires June 21, 1985 (Seal)
Legal Notices
Notice of Proposed Amendment to the Charter City of Atlanta, Georgia
This is Notice that the Atlanta City Council has introduced an ordinance that amends the Charter of the City of Atlanta
5380 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
whereby the requirements by which initiatives and referenda shall be submitted to the qualified voters of the City in accordance with Section 2-407 of the Charter of the City of Atlanta (Ga. Laws 1973, P. 2188, approved March 16, 1973), to provide that Council shall by ordinance prescribe procedures to govern the initiation, adoption and repeal of ordinances of the electorate; to provide that Council shall be authorized to submit to the qualified voters of the City at any election, any ordinance or resolution which it may deem proper; to repeal conflicting laws and for other purposes.
A copy of the proposed ordinance is on file in the office of the Clerk of Council of the City of Atlanta and in the office of the Clerk of Superior Court of Fulton County and DeKalb County, Georgia for examination by the public. This the 2nd day of August, 1983.
Larry M. Dingle Clerk of Council City of Atlanta, Georgia
State of Georgia County of Fulton
Personally appeared before me, the undersigned Notary Public, who after being duly sworn, states under oath that he/she is the representative of Atlanta Newspapers, Proprietors of The Atlanta Journal (Daily Evening), The Atlanta Constitution (Daily Morning), The Atlanta Journal and The Atlanta Constitution (Saturday), and The Atlanta Journal and The Atlanta Constitution (Sunday), Newspapers of general circulation published in the City of Atlanta, Georgia, and who further states under oath that the advertisement attached hereto and made a part of this affidavit appeared in The Atlanta Constitution on August 8th, 25th, and September 1st of 1983.
/s/ Janet L. Knox
Sworn to and subscribed before me, this 16th day of September, 1983.
/s/ Anne S. McGlen Notary Public, Georgia, State at Large My Commission Expires Jan. 8, 1984
GEORGIA LAWS 1984 SESSION
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Notice of Proposed Amendment to the Charter City of Atlanta, Georgia
Exhibit "A"
This is notice that the Atlanta City Council has introduced an ordinance that amends the Charter of the City of Atlanta whereby the requirements by which initiatives and referenda shall be submitted to the qualified voters of the City in accordance with Section 2-407 of the Charter of the City of Atlanta (Ga. Laws 1973, P. 2188, approved March 16, 1973), to provide that Council shall by ordinance prescribe procedures to govern the initiation, adoption and repeal of ordinances of the electorate; to provide that Council shall be authorized to submit to the qualified voters of the City at any election, any ordinance or resolution which it may deem proper; to repeal conflicting laws and for other purposes.
A copy of the proposed ordinance is on file in the office of the Clerk of Council of the City of Atlanta and in the office of the Clerk of Superior Court of Fulton County and DeKalb County, Georgia for examination by the public.
This the 2nd day of August, 1983.
Larry M. Dingle Clerk of Council City of Atlanta Georgia
Publisher's Affidavit
State of Georgia County of Fulton
Before me, the undersigned, a Notary Public, this day personally came Frances K. Beck, who, being first duly sworn, according to law, says that she is the President of the Daily Report Company, publishers of the Fulton County Daily Report,
5382 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 18, 25, days of August, 1983, and on the 1st day of September, 1983. As provided by law.
/%/ Frances K. Beck
Subscribed and sworn to before me this 6th day of Sept., 1983.
/s/ April M. Elmore Notary Public, Georgia, State at Large My Commission Expires Feb. 17, 1986
Filed in the Office of the Secretary of State September 22, 1983.
CITY OF DECATUR--MAXIMUM AMOUNT OF AD VALOREM TAX.
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. (Official Code of Georgia, Title 36, Chapter 35, Home Rule). Georgia Constitution, Article IX, Section III, Paragraph I]
Be it Ordained by the City Commissioners of the City of Decatur, Georgia and it is hereby ordained by the authority of the same, acting under and by virtue of and in compliance with and pursuant to the provisions of The Municipal Home Rule Act of 1965, as amended [1965 Georgia Laws, pages 298, 299; 1966 Georgia Laws, page 296; 1976 Georgia Laws, page 1429. (Official Code of Georgia, Title 36, Chapter 35, Home Rule). Georgia Constitution, Article IX, Section III, Paragraph I] that the Charter of the City of Decatur, Georgia as set forth in the Code
GEORGIA LAWS 1984 SESSION
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of the City of Decatur, Georgia, be and the same is hereby amended, as follows:
1.
Section 42 of the existing Charter entitled "Authority of the city commissioners with regard to taxation generally; tax rate" is amended and revised so as to raise the maximum amount of the ad valorem tax that can be collected on real and personal property from $1.25 to $1.80 on the $100.00, exclusive of taxes for public schools authorized by law and the taxes required to pay the annual interest on the bonded indebtedness of said city and to pay the principal of said bonded indebtedness as required by law so that said section as amended and revised shall read as follows:
Sec. 42. Authority of city commissioners with regard to taxation generally; tax rate.
For the purpose of raising revenues for the support and maintenance of the City of Decatur, the city commissioners of said city shall have full power and authority to assess, levy and collect an ad valorem tax on all real and personal property, including money, notes, bonds and other evidences of debt, money used in banking, and every other species of property in said city, or owned and held therein subject to taxation; said tax not to exceed one dollar and eighty cents ($1.80) on the one hundred dollars ($100.00), exclusive of the taxes for public schools authorized by law, and the taxes required and sufficient to pay the annual interest on the bonded indebtedness of said city, and to provide a sinking fund for the purpose of paying the principal of said bonded indebtedness as required by law. The ad valorem tax above authorized for general purposes, and the public school tax and the bonded interest and sinking fund tax shall be levied under separate ordinances, each specifying the purpose for which levied, and all proceedings for collecting said taxes shall show the amount due on each of said tax levies. The said city commissioners shall have power and authority to provide by ordinance for the returns and assessments of all taxable property in said city, and to provide penalties for neglect or refusal to comply with the same, as elsewhere provided in this act. Be it further ordained that all ordinances and parts of ordinances in conflict herewith be and the same are hereby repealed.
5384 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
First Adoption: February 7, 1983
Attest:
/s/ Robert L. Hudgins Clerk, City of Decatur, Georgia
Second Adoption: February 21, 1983
Attest:
/s/ Robert L. Hudgins Clerk, City of Decatur, Georgia
"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 in compliance with and pursuant to the provisions of the Municipal Home Rule Act of 1965 as amended, which was introduced and read for the first time at a Regular Meeting of the Decatur City Commission held on February 7, 1983. Motion was duly made and seconded for adoption and, on roll-call vote, adoption was by vote of 4-1.
This Ordinance was introduced and read for the second time at the next Regular Meeting held on February 21, 1983. Again, motion to adopt was duly made and seconded and, on roll-call vote, adoption was by vote of 3-1.
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 22nd day of February, 1983.
/s/ Robert L. Hudgins, City Clerk City of Decatur, Georgia (Seal)
GEORGIA LAWS 1984 SESSION
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Public Notice
To All Interested Persons and Parties
Notice of proposed Amendment 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 amendment to the charter of the City of Decatur, Georgia.
The following is a synopsis of the proposed amendment:
Section 42. Authority of the city commissioners with regard to taxation generally; tax rate.
Proposed amendment and revision is to raise the maximum amount of the ad valorem tax that can be collected on real and personal property from $1.25 to $1.80 on the $100.00, exclusive of taxes for public schools authorized by law and the taxes required to pay the annual interest on the bonded indebtedness of said city and to pay the principal of said bonded indebtedness as required by law.
A copy of the proposed amendment 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 amendment to those persons who may have an interest therein upon written request.
The City Commissioners will consider the proposed amendment at two regular consecutive meetings to be held on the 7th day of February, 1983, and on the 21st day of February, 1983, at
5386 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
7:30 o'clock, P.M., at the Council Chamber at the Decatur City Hall.
This notice shall serve as formal notice of such intended action.
Written comments shall be addressed to the undersigned so as to arrive no later than February 18, 1983. All comments respecting the proposed amendment received by February 18, 1983, will be fully considered.
Notice give, this 18 day of January, 1983.
Robert E. Carpenter Mayor, City of Decatur Decatur City Hall Post Office Box 220 Decatur, Ga. 30031
Publisher's Certificate
State of Georgia County of DeKalb
Personally appeared before the undersigned, a notary public within and for said county and State, Gerald Wm. Crane, Copublisher of Decatur-DeKalb News/Era, a newspaper publisher at Decatur, county of DeKalb, State of Georgia, who, being duly sworn, states on oath that the report of Public Notice-Amend City Charter, a true copy of which is hereto annexed, was published in said newspaper in its issue of the 3, 10, 17th day of February 1983.
/s/ Gerald W. Crane Co-Publisher
By: Linda L. Orr Agent
GEORGIA LAWS 1984 SESSION
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Sworn to and subscribed before me this 17th day of February, 1983.
/s/ Linda L. Orr Notary Public My Commission expires June 21, 1985 (Seal)
Filed in the Office of the Secretary of State. Feb. 24, 1983.
CITY OF DILLARD--APPOINTMENT AND QUALIFICATIONS OF RECORDER.
Ordinance and Charter Amendment
Be it Ordained by the Mayor and Council of the City of Dillard in Rabun County, Georgia that the Charter of such City of Dillard is hereby amended by striking in its entirety subsection (a) of Section 6.02 of such Charter and substituting in lieu thereof a new subsection (a) of Section 6.02 to read as follows:
"Recorder
Be it further enacted, that (a) no person shall be qualified or eligible to serve as Recorder unless he shall have attained the age of 21 years, shall be qualified to vote in Rabun County, Georgia and shall have resided in Rabun County, Georgia at least one year immediately preceeding his appointment. The Recorder shall be appointed by the Mayor and Council, shall serve at the discretion of the Mayor and Council and shall be compensated as fixed by the Mayor and Council. Nothing herein shall disqualify the Mayor or any Councilman from serving as Recorder or Recorder Pro-Tem."
Certificate
I, C. R. Pennington, Mayor of the City of Dillard, Georgia certify that the above and foregoing Ordinance amending the Char-
5388 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ter of the City of Dillard was duly passed on first reading at the regular meeting of the Mayor and Council of the City of Dillard, Georgia held on the 3rd day of October, 1983, and passed on second reading on the 7th day of November, 1983.
/s/ C. R. Pennington, Mayor
Certificate
I, Glenda Enloe, Clerk of the City of Dillard, Georgia certify that the above and foregoing Ordinance amending the Charter of the City of Dillard was duly passed on first reading at the regular meeting of the Mayor and Council of the City of Dillard, Georgia held on the 3rd day of October, 1983, and passed on second reading on the 7th day of November, 1983.
/s/ Glenda Enloe, Clerk
The Clayton Tribune Oct. 13, 1983
Notice of Charter Amendment City of Dillard
Notice is hereby given that the Mayor and Council of the City of Dillard, Georgia have passed at first meeting a proposed amendment to the Charter of the City of Dillard, Georgia and which amendment revises the qualifications of Recorder of the City of Dillard by deleting from such revision a requirement that such Recorder be a resident of the City of Dillard.
Such proposed Charter amendment shall be considered for second and final passage by the Mayor and Council of the City of Dillard, Georgia at the next regular meeting to be held on November 7, 1983 at 7:00 o'clock p.m. at City Hall, Dillard, Georgia.
A copy of such proposed Charter amendment is on file with the City Clerk of the City of Dillard, Georgia at City Hall and a
GEORGIA LAWS 1984 SESSION
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copy is also on file in the office of the Clerk of Rabun Superior Court, Clayton, Georgia.
Glenda Enloe, Clerk
Certificate
I, James Wallace, Publisher, of the Clayton Tribune, official organ of Rabun County, hereby certifies that the above and foregoing Charter Amendment of the City of Dillard was published in the Clayton Tribune on October 13, 20, 27 and on November 3, 1983.
/s/ James Wallace
Sworn to and subscribed before me this 10th day of November, 1983. /s/ Betty J. Wallace
Notary Public My Commission Expires: June 10, 1985
Filed in the Office of the Secretary of State Nov. 29, 1983.
CITY OF DORAVILLE--SALARY OF MAYOR.
Ordinance
An Ordinance enacted pursuant to the Official Code of Georgia 36-35-3 to amend Section 2.07 of the Charter of the City of Doraville so as to increase the annual salary of the Mayor to $30,000.00; 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 1. Pursuant to the authority granted to the City under the Home Rule Act, Official Code of Georgia, 36-35-3,
5390 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2.07 of the Charter of the City of Doraville is hereby amended by striking the phrase "$2,000.00 per month" therefrom, and substituting therefor the following, "$30,000.00 per year", so that as amended, Section 2.07 of the Charter of the City of Doraville shall read as follows:
"Section 2.07 Compensation and Expenses. Be it further enacted that the Mayor shall receive a salary of $30,000.00 per year, and the Mayor Pro Tem 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 2. Repeal for Certain Purposes. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed.
Section 3. Effective Date. This Ordinance shall become effective upon the taking of office of the Mayor at the next election for that office in the City of Doraville to be held in May of 1984.
Section 4. Severability. It is hereby declared to be the intention of the Mayor and City Council of the City of Doraville that the sections, paragraphs, sentences, clauses and phrases of this Ordinance are severable and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by any court of competent jurisdiction such invalidity or unconstitutionality shall affect any of the phrases, clauses, sentences, paragraphs or sections of this Ordinance.
This 6th day of June, 1983.
/s/ Gene Lively, Mayor City of Doraville
Attest:
/s/ James W. Buechler City Clerk
GEORGIA LAWS 1984 SESSION
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First Reading: 6 June 1983
Second Reading: 1 August 1983
Certified a true copy
/s/ James W. Buechler City Clerk
Notice of Local Legislation June 1, 1983
Pursuant to Official Code of Georgia, Annotated, 36-35-3, notice is hereby given that an Amendment to the Charter of the City of Doraville increasing the annual salary of the Mayor of the City of Doraville has been discussed and proposed by the City Council of the City of Doraville. The purpose of the Amendment is to increase the salary of the Mayor from $24,000.00 per year to $30,000.00 per year. A copy of the proposed Amendment is on file in the office of the City Clerk of the City of Doraville, 3760 Park Avenue, Doraville, Georgia, and the office of the Clerk of the Superior Court of DeKalb County for purposes of examination and inspection by the public.
Action taken on the proposed Charter Amendment is intended to be taken at the regularly scheduled meeting of the Mayor and City Council of the City of Doraville on the first Monday in August, 1983 at 8:00 o'clock P.M.
Edward E. Carter, P.C. James C. Watkins Attorney for City of Doraville
Publisher's Certificate
State of Georgia County of DeKalb
Personally appeared before the undersigned, a notary public within and for said county and State, Gerald Wm. Crane, Co-
5392 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 a true copy of which is hereto annexed, was published in said newspaper in its issue of the 23, 30, 7th day of June, July 1983.
/s/ Gerald W. Crane, Co-Publisher By: Lynn Crane
Agent
Sworn to and subscribed before me this 7th day of July, 1983 /s/ Linda L. Orr
Notary Public My commission expires June 21, 1985 (Seal) Filed in the Office of the Secretary of State Aug. 5, 1983.
CITY OF DORAVILLE--SALARY OF CITY COUNCILMEN. Ordinance
An Ordinance enacted pursuant to the Official Code of Georgia 36-35-3 to amend Section 2.07 of the Charter of the City of Doraville so as to increase the monthly salary of the City Councilmen to $300.00 per month; 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 1. Pursuant to the authority granted to the City
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under the Home Rule Act, Official Code of Georgia, 36-35-3, Section 2.07 of the Charter of the City of Doraville is hereby amended by striking the phrase "$200.00 per month" therefrom, and substituting therefor the following, "$300.00 per month" so that as amended, Section 2.07 of the Charter of the City of Doraville shall read as follows:
"Section 2.07 Compensation and Expenses. Be it further enacted that the Mayor shall receive a salary of $30,000.00 per year, and the Mayor Pro Tern and each other member of the City Council shall receive a salary of $300.00 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 2. Repeal for certain purposes. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed.
Section 3. Effective date. This Ordinance shall become effective upon the taking of office of the City Council after the next election for those positions in the City of Doraville to be held in May of 1984.
Section 4. Severability. It is hereby declared to be the intention of the Mayor and City Council of the City of Doraville that the sections, paragraphs, sentences, clauses and phrases of this Ordinance are severable and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by any court of competent jurisdiction such invalidity or unconstitutionality shall affect any of the phrases, clauses, sentences, paragraphs or sections of this Ordinance.
This 19th day of September 1983.
/s/ Gene Lively, Mayor
Certified a true copy
/s/ James W. Buechler City Clerk
5394 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Attest:
/s/ Jim Buechler City Clerk
First Reading: 9-6-83 Second Reading: 9-19-83
Notice of Local Legislation August 10, 1983
Pursuant to O.C.G.A., 36-35-3 notice is hereby given that an Amendment to the Charter of the City of Doraville increasing the monthly salary of the City Councilmen of the City of Doraville has been discussed and proposed by the City Council of the City of Doraville. The purpose of the Amendment is to increase the salary of the City Councilmen and Mayor Pro Tem from $200.00 per month to $300.00 per month. A copy of the proposed 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 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 3rd Monday in September, 1983 at 8:00 o'clock P.M.
Edward E. Carter, P.C. James C. Watkins City Attorney for the City of Doraville
Publisher's Certificate
State of Georgia County of DeKalb
Personally appeared before the undersigned, a notary public within and for said county and State, Gerald Wm. Crane, Co-
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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-increase monthly salary a true copy of which is hereto annexed, was published in said newspaper in its issue of the 18, 25, 1st day of August, September, 1983.
/s/ Gerald W. Crane, Co-Publisher
By: Samme Johnson, Agent
Sworn to and subscribed before me this 1st day of September, 1983.
/s/ Linda L. Orr Notary Public My commission expires June 21, 1985 (Seal)
Filed in the Office of the Secretary of State Sept. 26, 1983.
CITY OF ELBERTON--RECORDER'S FINING AUTHORITY.
Ordinance
An Ordinance to amend the Charter of the City of Elberton, Article IV, City Recorder, Section 35 by increasing the fining authority of the City Recorder from $500.00 per violation of city ordinances to $1,000.00 per violation of city ordinances, by increasing the sentencing authority of the City Recorder from sixty (60) days to one (1) year: and for other purposes.
Section 1. Be it ordained and it is hereby ordained by the authority of the Mayor and Council of the City of Elberton that
5396 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
the Charter of the City of Elberton is hereby amended by striking from Article IV, City Recorder, Section 35 the words, "Five Hundred Dollars ($500.00)" and inserting in lieu thereof the words, One Thousand Dollars ($1,000.00)" and by also striking from Article IV, City Recorder, Section 35 the words, "sixty (60) days" and inserting in lieu thereof the words "one (1) year" so that, as amended, said section will read as follows:
The court for the trial of offenses against the ordinances of the City shall be known as the Recorder's 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 One Thousand ($1,000.00) Dollars, imprisonment in the City Jail or imprisonment in the County Jail by permission of the county authorities, not exceeding one (1) year, 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 one (1) year any one or more, or all of these, at the discretion of the Recorder's Court. When sitting as a court for the trial of offenses, the said court shall have the power to punish for contempt by fine not exceeding One Hundred ($100.00) Dollars, 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 Recorder's Court. Any judgment of the Recorder's Court may be reviewed by 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 ordinances in conflict herewith be and the same are hereby repealed.
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First Reading: Councilman Lunceford
Second Reading: Councilman Lunceford
Adopted: November 7, 1983
/s/ Joe H. Fendley, Mayor
/s/ W. Mac Thornton, Mayor Protem
/s/ Henry Lunceford, Councilman
/s/ Robert W. Mize, Jr., Councilman
/s/ Bodie J. Jones, Councilman
/s/ Gilbert T. McDonald, Councilman
Attest:
/s/ Iola S. Stone City Clerk
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 ordinance adopted at the regular meeting of the Mayor and City Council of the City of Elberton held on November 7, 1983, and that the same appears upon the official minutes of the Mayor and City Council of the City of Elberton, Georgia.
/s/ (Mrs.) Iola S. Stone, City Clerk
5398 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Notice of Amendment to to 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 Article IV. City Recorder, Section 35 by increasing the fining authority of the City Recorder for violation of city ordinances from $500.00 per violation to $1,000.00 per violation and increasing the sentencing authority of the City Recorder for violation of city ordinances from sixty (60) days to one (1) year.
A copy of the proposed amendment is on file at the office of the City Clerk, Mrs. Iola S. Stone, at the City Municipal Complex and at the office of the Clerk of the Superior Court. Mr. Charles H. Rucker, where it is available for purposes of examination and inspection 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 regularly scheduled meeting on Monday, November 7, 1983.
Iola S. Stone, Clerk, City of Elberton
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 Beacon, legal organ for Elbert County, the following dates, towit:
September 22, 1983 September 27, 1983 October 6, 1983.
Sworn to on the 6th day of October, 1983.
/s/ Jon Hunt, Editor & General Manager
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Sworn to and subscribed to before me on the 6th day of October 1983.
/s/ Mary C. Taylor Notary Public
Filed in the Office of the Secretary of State Dec. 19, 1983.
CITY OF FITZGERALD--WATER, LIGHT AND BOND COMMISSION--POWERS, ETC.
An Ordinance amending the Charter of the City of Fitzgerald by striking paragraphs (a) and (b) of section 55 and by striking all of section 119 and by substituting new paragraphs (a) and (b) of section 55 and by substituting a new section 119 and by broadening the powers of the Fitzgerald Water, Light & Bond Commission and by establishing a new formula for calculating the payment which said Commission shall make each year to the City of Fitzgerald; to provide for the repeal of certain charter provisions in conflict herewith; to provide for the severability of this ordinance; and for other purposes.
Whereas, it is necessary and desirable to amend the Charter of the City of Fitzgerald, Georgia, to clarify and redefine the annual payment to be made by the Fitzgerald Water, Light & Bond Commission to the City of Fitzgerald, Georgia;
Now, therefore, the Mayor and Council of the City of Fitzgerald, Georgia, do hereby enact this ordinance to amend the Charter Laws of the City of Fitzgerald, Georgia, Georgia Laws 1914, Page 781, as amended, as follows, to-wit:
Section 1. Paragraph (a) of Section 55 of subpart A of the Charter Laws of the City of Fitzgerald, Georgia, Georgia Laws 1914, Page 781, Section 55, as amended, relating to the Water & Light & Bond Commission, and its creation, organization, pow-
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ers and duties, is hereby stricken in its entirety, and there is hereby enacted a new paragraph (a) of Section 55 of subpart A thereof which shall provide as follows:
"(a) The said Water, Light & Bond Commission shall have, and is hereby given, full power and authority to operate and maintain the water and light plant, and water and sewerage systems of said City and any other public works under their management and control, and to enlarge or extend the same; to employ such officers, agents and employees as they may, in their discretion, deem necessary and fix and pay the compensation to be paid to such officers, agents, and employees; to fix the rates to be charged consumers for electrical energy and for water and lights furnished to them, and to change such rates at any time, and from time to time, as they in their discretion may deem necessary and expedient; provided, however, that the rates so fixed by said commission shall at all times be sufficient to provide the funds necessary for the operation and maintenance of the water and light plant and water and sewerage systems and other public works under their management and control, including the necessary repairs and depreciation such as are ordinarily charged to privately owned plants of a similar nature, and to provide all necessary and reasonable extensions of such systems, and shall also be sufficient to provide, in addition thereto, a surplus or profit derived from the operation of such water and light plant, such water and sewerage systems, and such other public works under their management and control, which surplus or profit shall be calculated according to the provisions of Section 119 of subpart A of the Charter Laws of the City of Fitzgerald, Georgia, Georgia Laws 1914, Page 781, as amended, and which surplus or profit shall be paid into the treasury of the City of Fitzgerald; to operate the City's light plant for the production of electrical energy, or, in their discretion, to contract for the purchase of electrical energy, either from public or privately owned plants, for the purpose of distribution and resale to its consumers, and to enter such contracts for a period of time as determined by the commission; to purchase machinery, supplies and materials necessary for the operation, maintenance, extension and improvement of the water and light plant and water and sewerage systems and other public works under their management and control, either for cash or upon deferred payments; and to fix, prescribe, and enforce rules and regulations governing
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the sale and distribution of water and electrical energy, including the right to require a cash deposit from consumers before connections are made and service rendered; and it shall be the duty of said commission to furnish all necessary street lights and lights and water for the public building and parts of said City and water for firefighting purposes, without charge to the City of Fitzgerald."
Section 2. Paragraph (b) of Section 55 of subpart A of the Charter Laws of the City of Fitzgerald, Georgia, Georgia Laws 1914, Page 781, Section 55, as amended, relating to the Water, Light & Bond Commission, and its creation, organization, powers and duties, is hereby stricken in its entirety, and there is hereby enacted a new paragraph (b) of Section 55 of subpart A thereof which shall provide as follows:
"(b) The said Water, Light & Bond Commission shall have the control of the sale of all bonds that may be issued by the City of Fitzgerald, and of all contracts made in behalf of said City for water, light and sewerage purposes. And the said Water, Light & Bond Commission is further authorized to control in like manner any and all bonds that they may issue in the name of the City of Fitzgerald for said purposes from time to time, and for carrying into effect the provisions of this Section, said Water, Light & Bond Commission is hereby given authority to negotiate loans, if necessary, through the Mayor and Council, or direct on behalf of the City of Fitzgerald; it shall be the duty of the City Council to supply said Water, Light & Bond Commission with funds, if necessary, to carry into effect the provisions of this Section. Any guardian or trustee, in his discretion, may invest any funds of his ward or cestui qui trust, in his hands, in the bonds of the said City of Fitzgerald in the same manner and to the same extent as such funds may be invested in bonds, stocks and other securities of the State of Georgia. It shall be the duty of said Water, Light & Bond Commission to make monthly itemized reports to the Mayor and City Council, showing the receipts and disbursements, on account of the water, light and sewerage systems of said City; filing with said City Council, or their clerks, all originals of bills, and all receipts which shall be filed with the Clerk of the City Council by the first day of each and every month, to remain on file for a period of ten days thereafter, and it shall be the duty of the members
5402 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
of the said commission to appear before the Mayor and Council whenever called upon for the purpose of being examined with reference to any matter affecting the Water, Light & Bond Commission, in their actings and doings. It is hereby made their duty to expend for the operation, maintenance and extension of such systems, all of the funds in their hands for said purposes before calling on the Mayor and Council. The Mayor and Council are given the power and authority to have independent investigation made of all the actings and doings of said Water, Light & Bond Commission and their employees at the expense of the City of Fitzgerald, and they are hereby authorized to have the machinery and workings of said plants independently investigated by competent authority and recommend to said Water, Light & Bond Commission any change made therein which, in their judgment would be to the best interest of the City, the expense of making which shall be borne by the Water, Light & Bond Commission, if said commission, upon such recommendation, makes such changes."
Section 3. Section 119 of Subpart A of the Charter Laws of the City of Fitzgerald, Georgia, Georgia Laws 1914, Page 781, Section 119, as amended, relating to profits from the operation of public utilities, use in making repairs, improvements, additions; and restrictions, is hereby stricken in its entirety, and there is hereby enacted a new Section 119 which shall provide as follows:
"Section 119. Profits from operation of public utilities, use in making repairs, improvements, additions; restrictions.
"In each and every year, the Water, Light & Bond Commission shall be under a duty to perform and carry out the following:
"(a) The commission shall first determine the total amount of its gross annual income which is defined as the gross annual receipts of said commission received from the operations of all facilities, public works and utilities under the management and control of said commission, but excluding income from interest, rent, and income from the sale of capital assets.
"(b) From the total amount of money calculated in accor-
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dance with paragraph (a) hereof, there shall be deducted an amount of money which shall be entitled "provision for bad debts," and which shall be an amount of money equal to the sum of all uncollected debts owed to said commission which are at least three years old at the time of said deduction and which have not been deducted as such a bad debt "write off' in any previous year.
"(c) From the amount remaining after the deduction provided in paragraph (b) hereof, there shall be deducted the direct cost paid by the commission for electricity, gas and materials resold by such commission to its customers.
"(d) From the amount remaining after the deduction in paragraph (c) hereof, there shall be deducted the amounts of money paid by the commission for principal and interest to reduce its bonded indebtedness.
"(e) From the amount remaining after the deduction provided in paragraph (d) hereof, 15 percent of such remainder shall be paid by said commission to the treasurer of the City of Fitzgerald to be placed in the general funds of said City, subject to use by the Mayor and Council thereof.
"(f) From the amount of money remaining after the payment described in paragraph (e) hereof, the commission may in its discretion set aside an amount of money equal to the payment described in paragraph (e) hereof, for use as hereinafter provided.
"(g) From the funds remaining after the set aside described in paragraph (f) hereof, there shall be deducted the total operating expense incurred by the commission in the operation of the facilities, public works and utilities under the management and control of said commission.
"(h) From the amount remaining after the deduction provided in paragraph (g) hereof, in the discretion of the commission there may be deducted depreciation on the assets under the management and control of said commission, calculated according to any manner or method that depreciation may be calculated and taken for federal income tax purposes were such assets
5404 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
held and owned by a publicly held corporation operated for profit and subject to federal income taxes. The amount of said depreciation shall be combined with the funds set aside by the commission under paragraph (f) hereof, for use as hereinafter provided.
"(i) To the amount remaining after the deduction described in paragraph (h) hereof, there shall be added all other income of the commission from whatever source derived.
"(j) To the amount remaining after the addition described in paragraph (i) hereof, there shall be deducted all other expenses incurred by the commission.
"(k) Up to one-half of the amount of money remaining after the deduction described in paragraph (j) hereof, may in the discretion of the commission be set aside by the commission and combined with the funds set aside by the commission under paragraph (f) hereof, for use as hereinafter provided.
pH The amount remaining after the set aside described in paragraph (k) hereof shall be paid by the commission to the treasurer of the City of Fitzgerald to be placed in the general funds of said City, subject to use by the Mayor and Council thereof.
"(m) Notwithstanding any other provision of this Section or any other provision of these Charter Laws, the total amount of money paid by the commission to the treasurer of the City of Fitzgerald, as aforesaid, in any year, shall be not less than $420,000.00
"(n) The payments by the said commission to the City of Fitzgerald as described herein shall be made monthly, based upon the reasonable estimation by the commission as to its annual expenses and income, and the payment made for December of each year shall be adjusted, if necessary, so that the total payments made to the City shall be as provided in this Section."
"(o) All funds set aside by the commission under paragraphs (f), (h) and (k) hereof shall be used by the commission for the purpose of providing funds for current or future use in the mak-
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ing of permanent improvements and additions to, and in providing new and additional facilities, utilities and services of a permanent nature, and in the acquisition of vehicles and equipment, including without limitation service vehicles and office equipment, and in repairing, altering, improving, enlarging and making additions to any and all facilities or utilities which may now or hereafter be operated under the supervision, control or administration of the said commission: Provided, that any reserve established by the commission for future improvements and additions shall not exceed $500,000.00.
Section 3. The provisions of this Ordinance shall be effective as of January 1, 1983.
Section 4. If any Section of this Ordinance, or the application thereof to any person or circumstances held invalid, the validity of the remainder of this Ordinance and the application of such provisions to other persons and circumstances shall not be affected thereby.
Date of first adoption: March 28, 1983 Passed by the following vote: Yes 7 No 0.
Date of second adoption: April 11, 1983 Passed by the following vote: Yes 8 No 0.
/s/ Gerald Thompson Mayor
Attest:
/s/ Louise Wiggins Clerk
Georgia Ben Hill County
The undersigned as Clerk of the City of Fitzgerald does hereby certify that the foregoing six pages constitute a true, correct and complete copy of Ordinance No. 1056 which was approved by the Mayor and Council of the City of Fitzgerald (which is a municipal governing authority of the City of Fitzger-
5406 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
aid on March 28, 1983, and on April 11, 1983, which ordinance approved the charter laws of the City of Fitzgerald, Georgia, as provided therein, and which was duly adopted at two regular consecutive meetings of said municipal governing authority, not less than seven nor more than sixty days apart.
/s/ Louise Wiggins Clerk of the City of Fitzgerald (Seal)
Notice of Proposed Amendment to Charter of the City of Fitzgerald
Notice is hereby given that the Mayor and Council of the City of Fitzgerald shall consider and act upon a proposed amendment to the Charter of the City of Fitzgerald at two regular consecutive meetings. A synopsis of said proposed amendment is as follows:
Section 119 and Paragraphs (a) and (b) of Section 55 of subpart A of the Charter Laws of the City of Fitzgerald, Georgia, Georgia Laws 1914, Page 781, as amended, will be amended by permitting the Fitzgerald Water, Light & Bond Commission to enter into contracts for such period of time as determined by the Commission and to eliminate the limitation of three years for deferring payments on purchases. Said Paragraphs (a) and (b) of Section 55 shall also be amended and a new Section 119 will be adopted setting forth a new formula for calculating the payments which the Water, Light & Bond Commission shall pay to the general fund of the City of Fitzgerald.
A copy of the proposed amendment is on file in the office of the Clerk of the City of Fitzgerald and a copy of the proposed amendment is of file in the office of the Clerk of the Superior Court of Ben Hill County for the purpose of examination and inspection by the public. The Clerk of the City of Fitzgerald will furnish anyone, upon written request, a copy of said proposed amendment.
/s/ Louise Wiggins City Clerk
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Georgia Ben Hill County
The undersigned affiant, after being first duly sworn states on oath as follows:
1.
My name is Gerald W. Pryor and I am Editor and Publisher of The Herald-Leader, the newspaper in which sheriff's advertisements for Ben Hill County, Georgia, are published. This affidavit is given upon my personal knowledge and I am competent to testify to the matters stated herein.
2.
Attached hereto is a true and correct copy of a notice which was published in The Herald-Leader once a week for three consecutive weeks beginning March 17, 1983, in respect to Ordinance No. 1056, which ordinance was given final approval on April 11, 1983.
/s/ Gerald W. Pryor
Sworn to and subscribed before me this 19 day of May, 1983.
/s/ Clayton Jay, Jr. Notary Public, Ben Hill County, Ga. (Seal)
Filed in the Office of the Secretary of State May 23, 1983.
CITY OF FITZGERALD--FORMULA FOR CALCULATING ANNUAL PAYMENTS TO CITY BY WATER, LIGHT AND
BOND COMMISSION.
An Ordinance amending the Charter of the City of Fitzgerald by striking section 119 of subpart A and enacting a new section 119
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which establishes the intent of section 119, and all other provisions of the Charter of the City of Fitzgerald, to be in conformity with the provisions of the Revenue Bond Law of the State of Georgia, and which clarifies and redefines the formula for calculating the payment which the Fitzgerald Water, Light and Bond Commission shall make each year to the City of Fitzgerald; to provide for the repeal of any charter provisions in conflict herewith; to provide for the severability of this ordinance; and for other purposes.
Whereas, it is necessary and desirable to amend the Charter of the City of Fitzgerald, Georgia, as hereinafter set forth;
Now, therefore, the Mayor and Council of the City of Fitzgerald, Georgia, do hereby enact this ordinance to amend the Charter Laws of the City of Fitzgerald, Georgia, Georgia Laws 1914, Page 781, as amended, as follows, to-wit:
Section 1. Section 119 of Subpart A of the Charter Laws of the City of Fitzgerald, Georgia, Georgia Laws 1914, Page 781, Section 119, as amended, relating to profits from the operation of public utilities, use in making repairs, improvements, additions, and restrictions, is hereby stricken in its entirety, and there is hereby enacted a new Section 119 which shall provide as follows:
"Section 119. Issuance of Revenue Bonds; Profits from operation of public utilities, use in making repairs, improvements, additions; restrictions.
"(1) This Section 119 and all other provisions of the Charter Laws of the City of Fitzgerald are intended to be in conformity with the provisions of the Revenue Bond Law, O.C.G.A. 3682-60 et seq., as it may be amended from time to time, so as to permit the City and the Water, Light and Bond Commission to effect a lien on and pledge of the revenues from the operations of the combined electrical distribution facilities, gas distribution facilities and water and sewerage facilities under the management and control of the Commission and the City, as they now exist and as they may hereafter be added to, extended and improved (the "Combined System"). The City and the Commission, at all times during which the City shall have outstanding
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any revenue bonds for water, gas, electricity, sewerage or any other purpose permitted by the Revenue Bond Law, as it may be amended from time to time (hereinafter referred to collectively as "Undertakings"), may, notwithstanding any provision hereof, pledge to the punctual payment of such bonds, the interest thereon, the redemption premium, if any, on such bonds, the funding and maintaining of any required bond reserve fund in connection therewith, and the payment of reasonable and necessary costs of operating, maintaining and repairing the Combined System, including salaries, wages, payment of any contractual obligations incurred pertaining to operation, the cost of materials and supplies, rentals on leased property, real or personal, insurance, and such other charges as may properly be made for the purpose of operating, maintaining and repairing said Combined System in accordance with sound business practice, but without provision for depreciation, the revenues of said Combined System, all in accordance with the provisions of the Revenue Bond Law. In order to effect any such pledge of revenues, the City and the Commission shall comply with any provisions relating to such pledge contained in any ordinance or resolution adopted by the City and the Commission with respect to revenue bonds issued to finance any such Undertaking, and such provisions shall be deemed to constitute a contract among the City, the Commission and the holders of such revenue bonds as provided in the Revenue Bond Law.
"(2) Subject to the foregoing paragraph of this Section 119, the City and the Commission shall calculate, allocate and apply revenues of the Combined System as follows:
"(a) The Commission shall determine the total amount of its gross revenues, which is defined as the gross receipts received from the operation of the Combined System, but excluding income from interest, rent, and income from the sale of capital assets.
"(b) From the total amount of money calculated in accordance with paragraph (a) hereof, the Commission shall deduct an amount of money which shall be entitled "provision for bad debts," and which shall be an amount of money equal to the sum of all uncollected debts owed to said Com-
5410 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
mission which are at least three years old at the time of said deduction and which have not been deducted as such a bad debt "write olf" in any previous year.
"(c) From the amount remaining after the deduction provided in paragraph (b) hereof, the Commission shall deduct the direct cost paid by the Commission for electricity, gas and materials resold by such Commission to its customers.
"(d) From the amount remaining after the deduction provided in paragraph (c) hereof, there shall next be deducted amounts required to be paid into any fund or funds to provide payment of principal and interest on any revenue bonds or to create any required bond reserve fund for payment of such principal and interest on any such revenue bonds authorized and issued pursuant to any ordinance or resolution adopted by the City and the Commission.
"(e) From the amount remaining after the deduction provided in paragraph (d) hereof, the Commission shall calculate an amount equal to 15 percent of such remainder for payment to the treasurer of the City of Fitzgerald to be placed in the general funds of said City and used by the Mayor and Council thereof.
"(f) From the amount of money remaining after the payment described in paragraph (e) hereof, the Commission may in its discretion set aside an amount of money equal to the payment described in paragraph (e) hereof, for use as hereinafter provided.
"(g) From the funds remaining after the set aside described in paragraph (f) hereof, the Commission shall deduct the total operating expense incurred by the Commission in the operation of the facilities, public works and utilities under the management and control of said Commission.
"(h) From the amount remaining after the deduction provided in paragraph (g) hereof, in the discretion of the Commission there may be deducted depreciation on the assets under the management and control of said Commission, calculated according to any manner or method that depreciation
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may be calculated and taken for federal income tax purposes were such assets held and owned by a publicly held corporation operated for profit and subject to federal income taxes. The amount of said depreciation so calculated shall be combined with the funds set aside by the Commission under paragraph (f) hereof, for use as hereinafter provided.
"(i) To the amount remaining after the deduction described in paragraph (h) hereof, the Commission shall add all other income of the Commission from whatever source derived, except that interest earnings on any construction fund created pursuant to any ordinance or resolution adopted by the City and the Commission with respect to revenue bonds issued to finance any Undertaking in accordance with the Revenue Bond Law shall not be included as income of the Commission for the purposes of this paragraph (i) but shall be credited to such construction fund and used for the purposes for which such revenue bonds are issued.
"(j) From the amount remaining after the addition described in paragraph (i) hereof, the Commission shall each year deduct all other expenses incurred by the Commission.
"(k) Up to one-half of the amount remaining after the deduction described in paragraph (j) hereof, may in the discretion of the Commission be set aside by the Commission and combined with the funds set aside by the Commission under paragraph (f) hereof, for use as hereinafter provided.
"(1) The amount remaining after the set aside described in paragraph (k) hereof shall be paid by the Commission to the treasurer of the City of Fitzgerald to be placed in the general funds of said City, subject to use by the Mayor and Council thereof.
"(m) Subject to any pledge of revenues of the Combined System contained in any ordinance or resolution adopted by the City and the Commission with respect to the issuance of revenue bonds, the total amount of money paid by the Commission to the treasurer of the City of Fitzgerald, as aforesaid, in any year, shall be not less than $420,000, and such payments by the said Commission to the City as described
5412 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
herein shall be made monthly, based upon the reasonable estimation by the Commission as to its annual expenses and income, and the payment for each year shall be adjusted upon receipt of the annual audit, if necessary, so that the total payments made to the City shall be as provided in this Section.
"(n) All funds set aside by the Commission under paragraphs (f), (h) and (k) hereof shall be used by the Commission for the purpose of providing funds for current or future use in the making of permanent improvements and additions to, and in providing new and additional facilities, utilities and services of a permanent nature, and in the acquisition of vehicles and equipment, including without limitation service vehicles and office equipment, and in repairing, altering, improving, enlarging and making additions to any and all facilities or utilities which may now or hereafter be operated under the supervision, control or administration of said Commission and, to the extent revenues are otherwise unavailable, for the purpose of making payments required under any ordinance or resolution authorizing and securing outstanding revenue bonds, or to pay operating expenses or other expenses: provided, that any reserve established by the Commission for future improvements and additions shall not exceed $500,000.
Section 2. The provisions of this Ordinance shall be effective upon the approval by the Mayor after its second adoption.
Section 3. If any Section of this Ordinance, or the application thereof to any person or circumstances is held invalid, the validity of the remainder of this Ordinance and the application of such provisions to other persons and circumstances shall not be effected thereby.
Date of first adoption: November 14, 1983.
Passed by the following vote: Yes 8 No 0.
Date of second adoption: November 28, 1983.
Passed by the following vote: Yes 6 No 0.
GEORGIA LAWS 1984 SESSION
5413
Approved: November 28, 1983.
/s/ Prentiss Brown Mayor Pro Tem
Attest:
/s/ Louise Wiggins Clerk
Georgia Ben Hill County
The undersigned as Clerk of the City of Fitzgerald does hereby certify that the foregoing five pages constitute a true, correct and complete copy of Ordinance No. 1065 which was approved by the Mayor and Council of the City of Fitzgerald (which is a municipal governing authority of the City of Fitzgerald) on November 14, 1983, and on November 28, 1983, which ordinance amended the charter laws of the City of Fitzgerald, Georgia, as provided therein, and which was duly adopted at two regular consecutive meetings of said municipal governing authority, not less than seven nor more than sixty days apart.
/s/ Louise Wiggins Clerk of the City of Fitzgerald
(Seal)
Notice of Proposed Amendment to Charter of the City of Fitzgerald
Notice is hereby given that the Mayor and Council of the City of Fitzgerald shall consider and act upon a proposed amendment to the Charter of the City of Fitzgerald at two regular consecutive meetings. A synopsis of said proposed amendment is as follows:
Section 119 of subpart A of the Charter Laws of the City of Fitzgerald, Georgia, Georgia Laws 1914, Page 781, as amended, will be amended by specifying that that section and all other
5414 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
provisions of the Charter are intended to be in conformity with the Revenue Bond Law, to provide that the City of Fitzgerald and the Fitzgerald Water, Light & Bond Commission shall, at all times during which the City of Fitzgerald has outstanding any revenue bonds for water, gas, electricity, sewerage or any other purpose permitted by the Revenue Bond Law, pledge to the punctual payment of such bonds, the interest thereon, the redemption premium, if any, and the funding and maintaining of any required bond reserve fund in connection therewith, the combined revenues from the operations of all facilities, public works and utilities and to make certain modifications in the formula for calculating the payments which the Fitzgerald Water, Light & Bond Commission shall pay to the general fund of the City of Fitzgerald.
A copy of the proposed amendment is on file in the office of the Clerk of the City of Fitzgerald and a copy of the proposed amendment is on file in the office of the Clerk of the Superior Court of Ben Hill County for the purpose of examination and inspection by the public. The Clerk of the City of Fitzgerald will furnish anyone, upon written request, a copy of said proposed amendment.
Louise Wiggins, City Clerk
Georgia Ben Hill County
The undersigned affiant, after being first duly sworn states on oath as follows:
1.
My name is Gerald W. Pryor and I am Editor and Publisher of The Herald-Leader, the newspaper in which sheriff's advertisements for Ben Hill County, Georgia, are published. This affidavit is given upon my personal knowledge and I am competent to testify to the matters stated herein.
GEORGIA LAWS 1984 SESSION
5415
2.
Attached hereto is a true and correct copy of a notice which was published in The Herald-Leader once a week for three consecutive weeks beginning November 10, 1983, in respect to Ordinance No. 1065, which ordinance was given final approval on November 28, 1983.
/s/ Gerald W. Pryor
Sworn to and subscribed before me this 29th day of November, 1983.
/s/ Therese K. Griffin Notary Public, Ben Hill County, Ga.
Filed in the Office of the Secretary of State Nov. 29, 1983.
CITY OF HARLEM--AUTHORITY OF RECORDER TO IMPOSE FINES.
An Ordinance to amend the City Charter of the City of Harlem, pursuant to the home rule power of the City of Harlem, to increase the authority of the Recorder to impose fines, costs and forfeitures for the violation of any ordinance of the City of Harlem to an amount not to exceed one thousand ($1,000.00) dollars, to provide an effective date, and for other purposes.
Be it Ordained by the City Council of the City of Harlem, pursuant to the Home Rule powers conferred upon the City of Harlem, that Section 6.03 of the Charter of the City of Harlem as contained in [1971] Ga. Laws, p. 2557, et. seq., is hereby amended to increase the authority of the Recorder to impose fines, costs, and forfeitures from Two Hundred ($200.00) Dollars to One Thousand ($1,000.00) Dollars, and said Section 6.03 is hereby amended to read:
Section 6.03. Jurisdiction. Be it further enacted that the Re-
5416 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
corder shall have power to impose fines, costs and forfeitures for the violation of any ordinance of the City of Harlem passed in accordance with this Charter, to an amount not to exceed One Thousand ($1,000.00) Dollars, to imprison the offenders for a period not more than sixty (60) days, or at labor on the roads and streets or other public works of said City for not more than sixty (60) days; and the said recorder shall have the power and authority to impose any one or more of these punishments when he shall find that the facts of the case to justify. Said Recorder shall not have the authority to inflict a greater punishment for contempt than to impose a fine of One Hundred ($100.00) Dollars or imprisonment not exceeding twenty (20) days, or any combination of the two. He shall be to all intents and purposes a justice of the peace, so far as to enable him to issue warrants for offenses committed within the limits of the City of Harlem which warrants may be executed by any officer of said City, and to commit the offenders to jail or admit them to bail in bailable cases for their appearance at the next term of Court of competent jurisdiction to be held in said City. The Recorder's Court shall have also concurrent jurisdiction with that of the justice of the peace over offenses against the criminal laws of the State committed within the corporate limits of the City of Harlem. The Recorder's Court is specifically invested with all jurisdiction and powers throughout the entire area within the corporate limits granted by State laws generally to Mayors, and Recorders, and police courts, and particularly such laws as authorize the abatement of nuisances. Said Recorder is hereby authorized to administer oaths.
Section 2. This Ordinance shall become effective upon being duly adopted at two regular consecutive meetings of the City Council of Harlem, after notice as provided in O.C.G.A. 36-353, and after a copy of this Amendment to the City Charter, a copy of the required notice of publication, and an affidavit of a duly authorized representative of the newspaper in which the newspaper was published, has been filed with the Secretary of State and in the Office of the Clerk of Superior Court of Columbia County, Georgia.
Adopted at the regular council meeting of the City of Harlem held on July 11, 1983 and subsequently adopted at the next reg-
GEORGIA LAWS 1984 SESSION
5417
ularly scheduled council meeting on August 8, 1983.
/s/ Edgar D. Clary III Mayor
Attest:
/s/ Martha M. Sullivan City Clerk
Certification
I, Martha M. Sullivan, Clerk of Council, hereby certify that the above is a true and correct copy of Ordinance Number 268 adopted by City Council in consecutive Council meetings, July 11, 1983 and August 8, 1983.
/s/ Martha M. Sullivan Clerk of Council City of Harlem
The City Council of the City of Harlem intends to amend the City Charter of the City of Harlem, pursuant to the home rule power of the City of Harlem, to increase the authority of the Recorder to impose fines, costs, and forfeitures for the violation of any Ordinance of the City of Harlem to an amount not to exceed One Thousand ($1,000.00) Dollars. A copy of the proposed amendment to the City Charter is on file in the office of the city clerk of the City of Harlem for the purpose of examination and inspection by the public. Final action on this amendment shall be taken at the regular City Council meeting on August 8, 1983 at 7:30 p.m.
/s/ Martha M. Sullivan City Clerk July 20, 1983 July 20, 27, August 3, 1983
State of Georgia County of Columbia
Personally appeared Philip Blanchard, who being duly sworn
5418 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
says that he is Editor of The Columbia News a weekly newspaper in Martinez, Georgia, and that the advertisement City Council of Harlem-City Charter Amendment duly appeared in said newspaper on the following dates: July 20, 27, August 3, 1983.
/s/ Philip Blanchard (L.S.)
Sworn to and subscribed before me this 4th day of August, 1983.
/s/ Cynthia Zabala Notary Public, Georgia State at Large My Commission Expires June 1, 1987 Seal
Filed in the Office of the Secretary of State Aug. 15, 1983.
CITY OF MACON--ENCROACHMENT PERMITS--AUTHORITY TO GRANT.
An Ordinance of the City of Macon amending Division I, Appendix I, Special Powers (a)(2) incorporated by reference in Article I, Section 1-103 of the Charter of the City of Macon, pursuant to the authority granted the City of Macon under the Municipal Home Rule Act of 1965 (1965 Ga. Laws, p. 298, et seq., as amended; O.C.G.A. Sections 36-35-3, et seq.) by adding a new paragraph to said Appendix I, Special Powers (a)(2) so as to provide that the City of Macon shall have the authority to grant encroachment permits; to provide that the Council may establish by ordinance procedures for the granting of said encroachment permits; and for other purposes.
Be it Ordained by the City of Macon and it is hereby ordained by the authority of same, pursuant to the authority granted the City of Macon under the Municipal Home Rule Act of 1965 (1965 Ga. Laws, p. 298, et seq., as amended; O.C.G.A., Sections 36-35-3, et seq.) as follows:
GEORGIA LAWS 1984 SESSION
5419
Appendix I, Special Powers (a)(2) incorporated by reference in Division I, Article I, Section 1-103 of the Charter of the City of Macon is hereby amended by adding a new and additional paragraph which reads as follows:
Notwithstanding the aforesaid powers relating to the sale, granting, bargaining and conveying of encroachments, the City shall have the authority and power to grant encroachment permits to occupy or use portions of any street, sidewalk, lane and alley of the City. Said permits shall be revocable at the will of the City and the granting of encroachment permits shall be in accordance with procedures established by ordinance of the Council.
All charter provisions or ordinances of the City of Macon in conflict herewith are hereby repealed.
So Ordained this 18th day of October, 1983.
/s/ Eugene Dunwody President, City Council
Approved this 20th day of October, 1983.
/s/ George M. Israel III Mayor
So Ordained this 1st day of November, 1983.
/s/ Eugene Dunwody President, City Council
Approved this 8th day of November, 1983.
/s/ George M. Israel III Mayor
City of Macon, Ga.
I do hereby certify that the above and foregoing Ordinance
5420 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
was duly passed at the Regular Meeting of the Council of the City of Macon, held Oct. 18, 1983. Witness my hand and seal of the City of Macon this Oct. 19, 1983.
/s/ James E. Hunnicutt Clerk of Council
Submitted to Mayor's office October 19, 1983.
Returned from Mayor's Office October 21, 1983.
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 Nov. 1, 1983. Witness my hand and seal of the City of Macon this Nov. 2, 1983.
/s/ Steven Durden Ass't Clerk of Council
Submitted to Mayor's Office November 2, 1983.
Returned from Mayor's Office November 8, 1983.
City of Macon, Ga.
November 9, 1983
I, James E. Hunnicutt, City Clerk, do hereby certify that the attached copy of Ordinance #0-83-0083 to provide that the City of Macon shall have the authority to grant encroachment permits, is a true and correct copy of said Ordinance on file in the City Clerk's Office, City Hall, Macon, Georgia.
/s/ James E. Hunnicutt City Clerk City Hall Macon, Georgia
GEORGIA LAWS 1984 SESSION
5421
Georgia, Bibb County
Public Notice
This advertisement is to provide notice that the City of Macon proposes to amend the Charter of the City of Macon, Division 1, Appendix 1, Special Powers (a)(2) incorporated by reference in Article 1, Section 1-103, in accordance with the procedures set forth in the Official Code of Georgia Annotated, Sections 36-35-3, et seq. designated as the Municipal Home Rule Act of Georgia (1965 Ga. Laws, p. 298, et seq. as amended) so as to provide that the City of Macon shall have the authority to grant encroachment permits and to establish by ordinance procedures for the granting of said encroachment permits.
A copy of the proposed amendment is on file in the Office of the City Clerk of Macon and in the Office of the Clerk of Bibb Superior Court, Bibb County Courthouse, for the purpose of examination and inspection by the public.
Joan W. Wooley Assistant City Attorney
State of Georgia County of Bibb
Personally appeared before me, a Notary Public within and for above state and county, Judith R. McCallum, who deposes and says she is checking clerk for the Macon telegraph and news and is duly authorized by the publisher thereof to make this affidavit, and that advertisement as per attached clipping has been published in the Macon telegraph and news on the following dates: 10/8, 10/15, 10/22.
/s/ Judith R. McCallum
Sworn to and subscribed before me this 22 day of October, 1983.
/s/ Dawn P. Ely Notary Public, Bibb County, Georgia
5422 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
My Commission Expires August 1, 1987.
Filed in the Office of the Secretary of State Nov. 22, 1983.
CITY OF MARIETTA--PROVISION AS TO CERTAIN EDUCATIONAL FUNDS REPEALED.
An Ordinance
To amend the Charter of the City of Marietta (1977 Ga. Laws, Page 3541), et seq.) by repealing section 5.14 in its entirety.
Now, therefore, be it Ordained by the Mayor and Council of the City of Marietta, Georgia, that:
Section 1. The Charter of the City of Marietta (1977 Georgia Laws, Page 3541, et seq) Section 5.14 shall be amended by striking said Section 5.14 in its entirety which reads as follows:
Section 5.14 Funds to be furnished Board of Education.
The board shall pay to the treasurer of the board of education of the city such sum as may be requested by the board of education of the said city for the benefit of the public schools of said city not exceeding 10 per cent of the gross income received and collected for water, lights, and power furnished the public, if requested so to do by a resolution by the board of education of the city in which it is certified or stated that the said sum or amount is necessary for the maintenance of the public schools of the city, or in order to pay its existing indebtedness. When such request by resolution is made by the said board of education of the city the payments therein provided for shall be made monthly and shall continue in force for a period of one (1) year and shall then cease unless the said board of education shall renew its request by similar resolution from time to time each year.
The board, subject to the terms and approval of the council
GEORGIA LAWS 1984 SESSION
5423
and the board, shall pay to the treasurer of the board of education of the city an additional sum, as may be requested by the board of education of the said city for the benefit of the public schools of the said city, not to exceed five percent (5%) of the gross income received and collected for water, lights, and power furnished to the public, if requested so to do by a resolution by the board of education of the city in which it is certified that the sum so specified is necessary for the maintenance of the public schools of the city. If the independent school system of the city shall ever merge with any other school system or shall ever cease to exist, this section of the charter shall become null and void.
Section 2. All acts and parts of acts or ordinances which are in conflict with this ordinance are hereby repealed.
Section 3. This ordinance shall be effective upon the signature or without the signature of the Mayor subject to Act #333.
Date: October 12, 1983 (First Reading) Vote: 7 Yeas, 0 Nays.
Approved:
/s/ Robert E. Flourney, Jr. Mayor and Council
Attest:
/s/ Barbara M. Goscha City Clerk
Date: November 9, 1983 (Second Reading) Vote: 6 Yeas, 0 Nays. (1 member absent)
Approved:
/s/ Robert E. Flourney, Jr. Mayor and Council
Attest: /s/ Barbara M. Goscha
City Clerk
5424 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Clerk's Certification
City of Marietta Cobb County, Georgia
I, BARBARA M. GOSCHA, certify that I am Clerk for the City of Marietta and keeper of the records of said municipality and as such do hereby certify that the attached Ordinance No. 4003 is a true and correct copy as same appears of record as approved by the Governing Body in regular meetings held on October 12, 1983, and November 9, 1983.
Witness my hand and seal of the City of Marietta this 14th day of November, 1983.
/s/ Barbara M. Goscha City Clerk
GEORGIA LAWS 1984 SESSION
5425
Notice City of Marietta
Notice is hereby given that the Council of the City of Marietta, Georgia shall consider on November 9, 1983, beginning at 7:00 P.M., in the Council Chambers, City Hall, 205 Lawrence Street, Marietta, Georgia, an ordinance to amend the Charter of the City of Marietta (1977 Ga. Laws, 3541 et seq.) to delete Section 5.14 in its entirety which contains a provision requiring the Board of Lights and Water Works of the City of Marietta to furnish certain funds to the Marietta Board of Education upon the request of the Marietta Board of Education. Copies of the proposed amendment are on file in the office of the Clerk of the City of Marietta, 205 Lawrence Street, Marietta, Georgia, and also on file in the office of the Clerk of the Superior Court of Cobb County, Cobb County Courthouse, 177 Washington Avenue, Marietta, Georgia. Any person wishing to receive a copy of said amendment should apply in writing to the above described offices. All interested parties are invited to attend.
/s/ Barbara M. Goscha City Clerk City of Marietta, Ga.
City of Marietta Cobb County, Georgia
I, Doug Bidwell holding the position of Controller, the official gazette for the legal advertisements in Cobb County, Georgia, do hereby certify that the foregoing citation was duly published in the Marietta Daily Journal on the following dates:
Friday, October 21, 1983 Friday, October 28, 1983 Friday, November 4, 1983
5426 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This 4 day of Nov., 1983.
/s/ Doug Bidwell Controller
Sworn to and subscribed before me this 4 day of Nov., 1983.
/s/ Thelma Kemp Richards Notary Public, Georgia, State at Large My Commission Expires Oct. 17, 1987
Filed in the Office of the Secretary of State Nov. 21, 1983.
CITY OF MORROW--AUTHORITY OF RECORDER TO IMPOSE FINES AND PUNISHMENT.
An Ordinance to the Mayor and Council of the City of Morrow, Georgia, to amend the City Charter as amended the 9th day of June, 1981, by amending article VII, Section 7.03, to increase the Recorders power to impose a fine in the amount of five hundred ($500.00) dollars, said amendment is hereby made pursuant to Home Rule, Georgia Annotated Code 69-1017-(b)-l.
Be it Ordained by the Mayor and Council of the City of Morrow, Georgia, and by the authority of same, that section 7.03 (Jurisdiction), of the Charter of the City of Morrow as amended the 9th day of June, 1981, is hereby deleted in its entirety and the following substituted therefor,
Section 7.03. Jurisdiction. The Recorder shall have power to impose fines, costs and forfeitures for the violations of any law or ordinance of the City of Morrow passed in accordance with this Charter; for each offense, in an amount not to exceed $500.00, 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 90 days, and the said Recorder shall have the power and authority to impose any one (1) or more of these punishments when he shall find that the facts of
GEORGIA LAWS 1984 SESSION
5427
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 or imprisonment not exceeding 20 days, or any combination of the two (2). He shall be to all intents and purposes a justice of the peace, so as to enable him to issue warrants for offenses committed within the limits of the City of Morrow which warrants may be executed by any officer of said city; and to commit the offenders to jail or admit them to bail in bailable cases for their appearance at the next term of court of competent jurisdiction to be held in said city. The Recorder's Court shall also have concurrent jurisdiction with that of the justice of 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 Morrow. The Recorder's Court is specifically invested with all jurisdiction and powers throughout the entire area within the corporate limits granted by state laws generally to mayors, recorders, police courts, and particularly such laws as authorized administering oaths.
All sections, paragraphs, sentences, clauses and phrases of this Ordinance are hereby declared to be severable, and if any phrase, clause, sentence, paragraph, or section of this code shall be declared unconstitutional or otherwise invalid by the valid judgment or decree of a court of competent jurisdiction, that unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance.
All ordinances, or parts of ordinances in direct conflict with this ordinance, are hereby repealed.
Passed, approved, and adopted by the Mayor and Council of the City of Morrow, Georgia, this 28 day of December, 1982.
5428 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
First Reading: November 09, 1982.
Second Reading: December 28, 1982.
/s/ George R. Crowe, Mayor
Attested to:
/s/ Jim Millirons City Manager
January 18, 1983
State of Georgia County of Clayton City of Morrow
I, James H. Millirons, certify that I am duly appointed City Manager of the City of Morrow, located in Clayton County, Georgia, and that the attached pages are a true and correct copy of the Charter Amendment which was adopted for the purpose of increasing the fines and forfeiture authority of the court recorder of the City of Morrow.
I further certify that this Charter Amendment was approved by the Mayor and Council of the City of Morrow and that the enclosed Ordinance 82-19, was duly advertised as required by law and that the same appears upon the minutes of the Mayor and Council of the City of Morrow, dated December 28, 1982, and in my custody.
In witness whereof, I have set my hand and caused the official seal of the City of Morrow to be attached hereto, this 18th day of January, 1983.
/s/ James H. Millirons City Manager Seal
GEORGIA LAWS 1984 SESSION
5429
Notice
The City of Morrow proposes to amend its Charter in accordance with Georgia Annotated Code 69-1017-(b)-l Section 7.03 (Jurisdiction).
"Section 7.03 Jurisdiction. The recorder shall have power to impose fines, costs and forfeitures for the violations of any law or ordinance of the City of Morrow passed in accordance with this charter, for each offense, in an amount not to exceed $500.00, 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 90 days, and the said recorder shall have the power and authority to impose any one (1) 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 or imprisonment not exceeding 20 days, or any combination of the two (2). He shall be to all intents and purposes a justice of the peace, so as to enable him to issue warrants for offenses committed within the limits of the City of Morrow which warrants may be executed by any officer of said city; and to commit the offenders to jail or admit them to bail in bailable cases for their appearance at the next term of court of competent jurisdiction to be held in said city. The recorder's court shall also have concurrent jurisdiction with that of the justice of 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 Morrow. The recorder's court is specifically invested with all jurisdiction and powers throughout the entire area within the corporate limits granted by state laws generally to mayors, recorders, police courts, and particularly such laws as authorize administering oaths."
Jim Millirons City Manager
5430 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
State of Georgia County of Clayton
Personally appeared before the undersigned a notary public within and for said county and state, William L. Wadkins Publisher of Clayton News Daily, the official legal organ for the county of Clayton for the publication of official or legal advertisements for said county, said newspaper published at P. O. Box 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 it's issue of the following dates: 12/21/82.
/s/ William L. Wadkin Publisher
Sworn to and subscribe before me this date
/s/ Susan West Notary Public, Georgia State at Large My Commission Expires Nov. 30, 1986. Seal
Notice
The City of Morrow proposes to amend its Charter in accordance with Georgia Annotated Code 69-1017-(b)-l Section 7.03 (Jurisdiction).
"Section 7.03 Jurisdiction. The recorder shall have power to impose fines, costs and forfeitures for the violations of any law or ordinance of the City of Morrow passed in accordance with this charter; for each offense, in an amount not to exceed $500.00, 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 90 days, and the said recorder shall have the power and authority to impose any one (1) 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 or imprisonment not exceeding 20 days, or any combination of the two (2). He shall be to all intents and purposes a
GEORGIA LAWS 1984 SESSION
5431
justice of the peace, so as to enable him to issue warrants for offenses committed within the limits of the City of Morrow which warrants may be executed by any officer of said city; and to commit the offenders to jail or admit them to bail in bailable cases for their appearance at the next term of court of competent jurisdiction to be held in said city. The recorder's court shall also have concurrent jurisdiction with that of the justice of 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 Morrow. The recorder's court is specifically invested with all jurisdiction and powers throughout the entire area within the corporate limits granted by state laws generally to mayors, recorders, police courts, and particularly such laws as authorize administering oaths."
Jim Millirons City Manager
State of Georgia County of Clayton
Personally appeared before the undersigned a notary public within and for said county and state, William L. Wadkins Publisher of Clayton News Daily, the official legal organ for the county of Clayton for the publication of official or legal advertisements for said county, said newspaper published at P. 0. Box 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 it's issue of the following dates: Nov. 2nd, Nov. 9th 1982.
/s/ William L. Wadkin Publisher
Sworn to and subscribe before me this date
5432 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
/s/ Susan West Notary Public My Commission Expires Nov. 30, 1986 Seal
Filed in the Office of the Secretary of State Jan. 19, 1983.
CITY OF NEWNAN--AUTHORITY OF MAYOR'S OR RECORDER'S COURT TO IMPOSE PUNISHMENT.
An Ordinance to amend section 7-4 of the Charter of the City of Newnan so as to increase the penalties that the Mayor's or Recorder's Court of the City of Newnan may impose upon conviction of violations of ordinances of the City of Newnan, and for other purposes.
Be it Ordained by the Mayor and Board of Aldermen of the City of Newnan, and it is hereby ordained by authority of the same and by the authority granted in Georgia Code Section 3635-3(b)(l) that Section 7-4 of the Charter of the City of Newnan is hereby repealed in its entirety and a new Section 7-4 is hereby adopted to read as follows:
"Section 7-4 Powers of Court; Limitations upon penalties imposed. Said court shall have the power to preserve order and compel attendance of witnesses, punish for contempt by imprisonment not to exceed thirty (30) days or fine not exceeding Five Hundred Dollars ($500.00), one or both. Said recorder shall have full power and authority upon conviction to sentence any offender to the city jail or to public works in said city for a period not exceeding twelve (12) months or to impose a fine not to exceed One Thousand Dollars ($1,000.00), either one or more of said penalties may be imposed in the discretion of the Judge of the Recorder's Court of the City of Newnan."
All ordinances or parts of ordinances in conflict or inconsistent with this ordinance are hereby repealed.
GEORGIA LAWS 1984 SESSION
5433
This ordinance shall become effective upon approval at two (2) regular consecutive meetings of the Mayor and Board of Aldermen.
Adopted on the first reading this 7th day of March, 1983.
/s/ Joe Norman Mayor
/s/ Alvin E. Johnston /s/ Billy A. Abraham /s/ Sidney Pope Jones, Jr.
Board of Aldermen
Adopted on the second reading this 28th day of March, 1983.
/s/ Joe Norman Mayor
/s/ Alvin E. Johnston /s/ Billy A. Abraham /s/ Sidney Pope Jones, Jr. /s/ John P. Goodrum, Jr.
Board of Aldermen
Attest:
/s/ Martha C. Ball City Clerk
Reviewed:
/s/ Richard A. Bolin City Manager
Approved:
/s/ Charles L. Goodson City Attorney
5434 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Legal Notice
To Whom It May Concern:
Notice is hereby given that the Mayor and Board of Aldermen of the City of Newnan have before said board an ordinance to amend the Charter of the City of Newnan so as to provide the Judge of the Recorder's Court of the City of Newnan to sentence for contempt by imprisonment not to exceed thirty (30) days and a fine not to exceed Five Hundred Dollars ($500.00), and to increase the penalties that may be imposed for the violation of the ordinances of the City of Newnan from five (5) months and/ or Five Hundred Dollars ($500.00) to twelve (12) months and/or One Thousand Dollars ($1,000.00).
A copy of the proposed amendment is on file in the office of the Clerk of the City of Newnan and in the office of the Clerk of the Superior Court of Coweta County for the purposes of examination and inspection by the public. The Clerk of the City of Newnan will furnish anyone, upon written request, a copy of the proposed Charter amendment.
This 7th day of March, 1983
Charles L. Goodson City Attorney
Georgia Coweta County
Personally appeared before the undersigned officer authorized to administer oaths, William W. Thomasson, who, after being duly sworn on oath, deposes and states as follows:
That he is the Publisher of the Newnan Times-Herald, the official organ of Coweta County, Georgia, and that the attached legal advertisement was duly published in said publication on
GEORGIA LAWS 1984 SESSION
5435
March 10, 1983, March 17, 1983 and March 24, 1983.
/s/ Wm. W. Thomasson
Sworn to and subscribed before me this 28th day of March, 1983.
/s/ Mildred C. Chambers Notary Public Seal
Filed in the Office of the Secretary of State Mar. 31, 1983.
CITY OF PLAINS--AUTHORITY OF MUNICIPAL COURT TO IMPOSE FINES AND PUNISHMENTS.
An ordinance to amend an Act Creating A Charter for the City of Plains, in the County of Sumter, approved April 7, 1976 (Ga. Laws 1976, p. 4161) pursuant to the authority granted by the Municipal Home Rule Act of 1965 (Ga. Laws 1965, p. 298 as amended) so as to provide for the fixing of punishment for offenses within the jurisdiction of the city; to provide for the taxing of costs in cases of convictions; and for other purposes.
Be It Ordained and Enacted by the Mayor and Council of the City of Plains, Georgia, and it is hereby ordained and enacted, as follows, to-wit:
Section 1. That an Act creating a Charter for the City of Plains, Georgia, approved April 7, 1976 (Ga. Laws 1976, p. 4161, as amended), is hereby amended by striking Section 4.14 (a) in its entirety and substituting in lieu thereof the following:
"Section 4.14 (a) The Municipal Court shall try and punish for crimes against the City of Plains and for violation of its ordinances which violations may be punished by incarceration or monetary penalty. The Municipal Court shall have authority to punish those in its presence for contempt, provided that such
5436 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
punishment shall not exceed two hundred and fifty dollars ($250.00). The Municipal Court may fix punishment for offenses within its jurisdiction not exceeding a fine of one thousand dollars ($1,000.00) or imprisonment for six (6) months, or both. As an alternative to fine or imprisonment, the Municipal Court may sentence any offender upon conviction to labor in a city work gang or on the streets, sidewalks, squares, or other public works for a period not exceeding six (6) months."
Section 2. That an Act creating a Charter for the City of Plains, Georgia, approved April 7, 1976 (Ga. Laws 1976, p. 4161, as amended), is hereby amended by striking Section 4.14 (b) in its entirety and substituting in lieu thereof the following:
"Section 4.14 (b) The Municipal Court shall have authority to establish a schedule of fees to defray the costs of operation. In cases of conviction of violation of city ordinances, costs not exceeding thirty dollars ($30.00) shall be taxed against the defendant. The Municipal Court shall be entitled to reimbursement of the costs of meals, transportation and caretaking of prisoners bound over to Superior Courts for violations of State Law."
Section 3. All laws or parts of laws in conflict herewith are repealed.
Section 4. The invalidity of any section, clause, sentence, or provision of this ordinance shall not affect the validity of any other part of this ordinance which can be given effect without such invalid part or parts.
Section 5. This ordinance shall take effect from and after the date of its passage and ratification by the Mayor and Council of the City of Plains, Georgia according to the Official Code of Georgia, 36-35-3 (b) (1).
Adopted by the Mayor and Council of the City of Plains, Georgia at this second regular consecutive Counsel meeting this 20th day of October, 1983.
/s/ L. E. Godwin, III Mayor City of Plains
GEORGIA LAWS 1984 SESSION
5437
Attest:
/s/ Sandra Walters City Clerk
Notice
Notice is hereby given that the Mayor and Council of the City of Plains intends to amend the Charter of the City of Plains, approved April 7, 1976 (Ga. Laws 1976, p. 4161 as amended) pursuant to the authority granted by the Municipal Home Rule Act of 1965 (Ga. Laws 1965, p. 298, as amended) so as to provide for the fixing of punishment for offenses within the jurisdiction of the city; for the taxing of costs in cases of convictions; and for other purposes. A copy of the proposed amendment is on file in the Office of the Clerk of the City of Plains and the Office of the Clerk of the Superior Court of Sumter County, Georgia for the purpose of examination and inspection by the public. The Clerk of the City of Plains will furnish anyone, upon written request, a copy of the proposed amendment.
This 16th day of September, 1983.
William J. Murray Attorney for the City of Plains 323 South Lee Street Americus, GA 31709 912-924-4471
Affidavit of Publication
Georgia, Sumter County
Personally appeared before the undersigned officer RUDY HAYES, who says under oath that he is the Managing Editor of the Americus Times Recorder, a newspaper which is the official organ of said county and that the attached Notice was published in said newspaper on the following dates:
September 16, 1983 September 23, 1983 September 30, 1983
5438 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This 24 day of October, 1983.
/s/ Rudy Hayes
Sworn to and subscribed before me this 24th day of October, 1983.
/s/ Alice W. Pilcher Notary Public Notary Public, State of Georgia My Commission Expires Sept. 17, 1985. Seal
Georgia, Sumter County
This will certify that the attached copy of an ordinance to amend an act creating a Charter for the City of Plains, consisting of 5 sections, was adopted by the Mayor and Council of the City of Plains on October 20, 1983, and is a true and correct copy of the original on file in my office.
/s/ Sandra Walters Clerk City of Plains Georgia
Filed in the Office of the Secretary of State Oct. 27, 1983.
TOWN OF POOLER--COMPOSITION OF ALDERMANIC BOARD, ETC.
An Ordinance to amend Article II and Article V of the Charter of the Town of Pooler under the provisions of the Municipal Home Rule Act of 1965 so as to amend the composition of the Aldermanic Board and in particular the number of persons to serve thereon; to increase the annual salary of the Mayor; and to increase the annual salary of the Aldermen; further, to amend Article V, of the charter of the town of Pooler so as to amend
GEORGIA LAWS 1984 SESSION
5439
the rate of compensation paid to the election managers; to require the Town Administrator to retain registration cards; to require electors to sign an oath upon registration; to delete references to a registration book substituting in lieu thereof the phrase `LIST'; to set an effective date; and for other purposes
The Mayor and Aldermen for the Town of Pooler do hereby ordain as follows:
t
AUTHORITY
Pursuant to the authority granted municipalities under The Municipal Home Rule Act of 1965, Georgia Code Chapter 69-10, Article II, Governing Body of the Charter for the Town of Pooler is amended as hereinafter set out.
II.
EXPENSES AND SALARIES
The salary paid to the Mayor and to the Aldermen and to Members of the Aldermanic Board in Article II, Section 2.13 is amended by striking therefrom SIX HUNDRED DOLLARS ($600.00) and substituting TWELVE HUNDRED DOLLARS ($1,200.00) per annum; and is further amended by striking the THREE HUNDRED DOLLARS ($300.00) and substituting in lieu thereof the sum of SIX HUNDRED DOLLARS ($600.00) per annum. Hereinafter Article I, Section 2.13 shall read as follows:
". . . . The Mayor and Aldermen shall be entitled to receive their actual and necessary expenses incurred in their duties of office. The Mayor shall be paid a salary not to exceed TWELVE HUNDRED DOLLARS ($1,200.00) per annum. Each of the Aldermen shall be paid SIX HUNDRED DOLLARS ($600.00) per annum."
5440 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(HIJ
COMPENSATION OF MANAGERS
Pursuant to the authority granted to municipalities in the Municipal Home Rule Act of 1965, as above referred to, Ga. Code Chapter 69-10, Article V, Elections, of the Charter of the Two of Pooler is amended as hereinafter set out:
The amount of compensation to be paid to Election Managers in Article V, Section 5.14 (a) is amended by striking TEN DOLLARS ($10.00) each and substituting in lieu thereof the sum paid for said service by the Chatham County Election Commission. Hereinafter the last sentence of the first paragraph of Article V, Section 5.14 (a) shall read as follows:
". . . . The managers shall be paid for their services such sum as prescribed for election Managers by the Chatham County Election Commission and such payment shall be paid by the Treasurer of the Town of Pooler."
IV.
OATH OF ELECTORS
Article V, Section 5.15 (b) shall be amended so as to require the Town Administrator to keep the Electors' completed registration cards in the Office of the Town Clerk, said cards shall contain an oath as hereinafter described, said oath shall be signed by each Elector. Section 5.15 (b) of Article V is thereby repealed in its entirety and the following substituted in lieu thereof:
(b) It shall be the duty of the Town Administrator to keep the completed registration cards in the Office of the Town Clerk. The Electors of the Town shall sign said registration card upon taking the oath contained therein which shall be substantially as follows:
"I do swear (or affirm) that I am a Citizen of the United States, the State of Georgia and this municipality; that I am
GEORGIA LAWS 1984 SESSION
5441
at least eighteen years of age, or will be on the day of ,
19 ; that I possess the qualifications of an Elector required
by the laws of the State of Georgia; that I am not registered
to vote in any other municipality/or I am registered in the
City of
,
,
County of the
State of
and request cancellation of my registra-
tion; that I am not registered to vote under any other name;
and that the information contained on this card is true."
The said oath shall be administered by the Town Administrator, who is hereby clothed with authority to administer the same.
V.
That in each and every place in Article V, Section 5.15 (c) and 5.15 (d) the phrase "registration book' shall be struck substituting in lieu thereof the phrase "registration list". Hereinafter, Section 5.15 (c) and 5.15 (d) shall read as follows:
(c) The Town Administrator shall keep the permanent registration list open during reasonable hours as may be prescribed by the Mayor and the Aldermanic Board to enable the Electors of said Town to register therein, and no person registering therein shall be required to again register as a qualified voter of said Town so long as he remains a bonafide resident of said Town and qualified to vote for the members of the General Assembly of the State of Georgia, it being the purpose of this Act to provide a permanent registration for said Town, (d) Whenever any general or special election is to be held in said Town it shall be the duty of said Clerk to close the said registration list thirty (30) days before the said election and turn over the same to the Mayor, who shall, with the advice and consent of the Aldermanic Board, appoint a Board of three (3) Registrars, whose duty it shall be to make from said book a list of said voters for such election, and in making said list of Registrars shall exclude the names of all persons on the registration list who have died, removed from the corporate limits, have not been residents of the Town for a period of twelve (12) months before the election, or who have otherwise disqualified themselves. The list of voters so made up by the Registrars shall be posted by the Recorder,
5442 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
and kept at the door of the Town Hall of said Town at least ten (10) days before the election and a list of the names of those who have been stricken shall in like manner, and at the same time, be posted. Any person who has been omitted from said list, or whose name has been stricken, shall have the right to appeal to the Registrars to place his name upon such list at any time up to within two (2) days of the election. The list of voters so made up by the Registrars shall be by the said Registrars furnished to the Managers of the election and no person whose name does not appear on said list shall be allowed to vote in said election unless he produces a certificate signed by the Registrars that his name was omitted therefrom by mistake or accident. In appointing the Registrars the Mayor shall, as far as practicable, give each of the contending factions at said election, representation thereon.
VI.
EFFECTIVE DATE
This Ordinance shall become effective upon its final adoption by the Mayor and Aldermen of the Town after notice and advertisement as provided in Ga. Code Ann. 69-1017 (b)(1).
First reading this 4th day of October, 1982.
Advertised Oct. 16, 1982, Oct. 23, 1982, Oct. 30, 1982
Adopted this 20th day of December, 1982.
/s/ T. P. Nichols Mayor Town of Pooler Chatham County, Georgia
Attest:
/s/ Bonnie C. Cleland Town Administrator
GEORGIA LAWS 1984 SESSION
5443
Notice of Intent
Notice is hereby given that the Town of Pooler will amend its charter by ordinance so as to increase the number of people on the Aldermanic Board to six (6) Aldermen; to provide for the Mayor to receive a salary not to exceed TWELVE HUNDRED DOLLARS ($1,200.00) per annum and for each of the six Aidermen to receive a salary of SIX HUNDRED DOLLARS ($600.00) per annum; to increase the rate of compensation pay to Election Managers; to require the Town Administrator to retain registration cards; to require Electors to sign an oath upon registration and to require the retention of a registration list. A copy of the proposed amendment is on file in the Office of the Clerk of the Town of Pooler and in the Office of the Clerk of Superior Court of Chatham County for the purpose of examination and inspection by the public.
Bonnie Cleland Town Administrator
State of Georgia Chatham County
Affidavit of Publication Savannah Morning News Savannah Evening Press
Personally appeared before me Ruth B. Tucker to be known, was hereby me sworn, deposes and says:
That she is the Front Counter Clerk of Southeastern Newspapers Corporation, a Georgia corporation, doing business in Chatham County, Georgia, under the trade name of Savannah Morning News/Savannah Evening Press;
That said corporation is the publisher of the Savannah Morning News/Savannah Evening Press, a daily newspaper published in said county;
That she is authorized to make affidavits of publication on behalf of said publisher corporation;
5444 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 Oct. 16,
1982, Oct. 23, 1982, Oct. 30, 1982,
, 19 , and finds
that the following advertisement, to-wit:
appeared in each of said editions.
/s/ Ruther B. Tucker (Deponent)
Sworn to and subscribed before me this 11 day of November, 1982.
/s/ Veronica T. Brown Notary Public, Chatham County, Georgia My Commission expires Feb. 23, 1986.
Filed in the Office of the Secretary of State Feb. 10, 1983.
CITY OF THOMASTON--AUTHORITY OF MAYOR AND COUNCIL TO APPOINT A DEPUTY CITY CLERK, ETC.
An Ordinance of the City of Thomaston, Georgia, to amend the Charter of said City by virtue of the home rule powers vested in the governing authority of said City; to authorize the Mayor and City Council in their discretion to appoint a Deputy City Clerk and Treasurer and to provide for the powers of said Deputy City Clerk and Treasurer upon appointment; to authorize the Mayor and Council to regulate and enforce payment of the sanitary tax imposed for garbage and trash collection in the same manner as charges for water, electric lights or power energy, and sewer services are enforced; to repeal conflicting laws; and for like purposes.
Whereas, the City of Thomaston, Georgia is authorized by vir-
GEORGIA LAWS 1984 SESSION
5445
tue of the home rule powers vested in it, to amend its Charter in certain respects, and
Whereas, a synopsis of the amendments to said Charter hereinafter contained has been published in the official organ of Upson County, Georgia, once per week for three weeks within sixty days immediately prior to the final adoption hereof:
Now, therefore, be it ordained by the City Council of the City of Thomaston, Georgia, and it is hereby ordained by virtue of the authority thereof, as follows:
Section 1. The Charter of the City of Thomaston, Georgia, contained in Georgia Laws 1933, page 1070 et seq., as amended, be, and the same hereby is further amended, by striking therefrom, in its entirety, all of Section 17 of said Charter and by substituting, in lieu thereof, a new Section 17 of said Charter, to read as follows:
"Section 17. Be it further enacted, that the mayor and council of said city annually at their first meeting, or as soon as practicable thereafter, shall appoint a city clerk, a city treasurer, or one person as both clerk and treasurer, a city attorney, and a city auditor. If the mayor and council deem it necessary and proper they shall have the authority at any time to appoint a deputy city clerk and a deputy city treasurer, or one person as both deputy clerk and treasurer, to serve in the absence of the city clerk and/or treasurer, and to be vested with all of the powers, duties and privileges of the city clerk and/or treasurer when called upon to serve. The city auditor may be designated as a firm of auditors rather than an individual if the mayor and council deem such action advisable. Each of said officers shall take such oath, give such bond and perform such duties as the mayor and council may prescribe. Said officers shall be appointed for one (1) year but shall be subject to removal at any time, with or without cause, holding their office at the pleasure of the mayor and council. At said first annual meeting, or as soon thereafter as is practicable, the mayor and council shall fix the compensation of the city clerk and treasurer, the city attorney, the city auditor, if necessary the deputy clerk and deputy treasurer, and also shall fix the salaries of the mayor, mayor pro tern, and councilmembers within the limits provided by charter,
5446 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
all of which shall be subject to revision at any time."
Section 2. The Charter of the City of Thomaston, Georgia, contained in Georgia Laws 1933, page 1070 et seq., as amended, be and the same is hereby further amended, by striking therefrom in its entirety, that portion of Section 36 of said Charter (Ordinance No. 616, 18, adopted September 5, 1978) beginning with the preamble and continuing through the provisions contained in paragraph (b), which said new portion of said Section shall hereafter read as follows:
"Section 36. The mayor and city council of said City of Thomaston shall have full power and authority to regulate and enforce collection of and insure payment of charges for supplying of water, electric lights or power energy, sewer services, any garbage or trash collection fees, if imposed as a fee, and any sanitary tax imposed, by the following methods:
(a) By making said charges for water, electric energy, sewer service, any garbage or trash collection fees imposed, and the sanitary tax a charge upon the property or real estate served, and in case prompt payment is not made for any such service, said governing authority may provide that the water, electric light, and power energy, sewer service, and garbage and trash collection service, or any one or more of said services, shall be shut off and discontinued from and for the building, place or premises, and said City shall not be compelled to again supply said building, place, or premises with water, electric energy, sewer service, or garbage and trash collection, until said arrears, with interest thereon, is fully paid; and further said governing authority may provide for the issuance of an execution for the unpaid charges for water, electric energy, sewer service, sanitary tax, or any garbage and trash collection fees against the real estate served and the owner thereof, which shall be a lien on said real estate and enforceable in the same manner as city taxes.
(b) Said mayor and council shall have full power to require the prompt payment in advance for all water, electric energy, sewer service, and garbage and trash collection, whether imposed as a tax or a fee, furnished by said city; or to require of each consumer or person served a reasonable deposit, which may be varied according to the estimated consumption or need, to in-
GEORGIA LAWS 1984 SESSION
5447
sure the prompt payment for such service; and shut off and refuse to furnish water, electric energy, sewer service, garbage and trash collection, where payment in advance, or deposit, as the case may be, is not promptly made; and to enforce by execution against any consumer served, in the same manner as city taxes are enforced, any unpaid charges for water, electric energy, sewer service, or sanitary tax. Should any consumer fail to pay all water, electric energy, sewer service, sanitary tax, or any garbage and trash collection fees due by such consumer to said city, said city may cut off water, electric energy, sewer service, and garbage and trash collection, or any one or more of said services from the premises, and, should said consumer move to another location in said city, may refuse to furnish any or all of said services at the new location unless said consumer pays the arrears.
Section 3. All laws and parts of laws in direct conflict with any of the terms or provisions of this ordinance be, and the same hereby are, repealed.
The final adoption of the foregoing ordinance by the City Council of the City of Thomaston occurred in regular meeting held on this the 4th day of October, 1983, after having been first adopted on the 20th day of September, 1983, being the date of the most recent regular meeting of Council held prior to this date, which said ordinance I have, this date, transmitted to the Mayor for his approval.
/s/ Wilbur K. Avera City Clerk City of Thomaston, Georgia
Approved by me and returned as "Approved" by said City Council, in open meeting, this the 4th day of October, 1983.
/s/ Charles E. Kersey Mayor City of Thomaston, Georgia
5448 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Certification
Georgia, Upson County
I, the undersigned, Clerk of the City of Thomaston, Georgia, and the keeper of the records and the seal thereof, do hereby certify that this is a true and correct copy of Ordinance No. 684.
/s/ Phillip B. Alvorls Deputy City Clerk City of Thomaston, Georgia October 7, 1983
Georgia, Upson County
Personally appeared before the undersigned attesting officer, BETSY W. PHILLIPS, who after being duly sworn did depose and say that she is the Managing Editor of The Thomaston Times, and that said newspaper is the official organ of Upson County, Georgia, the legal situs of the City of Thomaston, a municipal corporation, and the following notice was duly published in said paper on September 14, 1983; September 21, 1983; and September 28, 1983, to-wit:
Proposed Amendments to the Charter of the City of Thomaston, Georgia
To Whom It May Concern:
The governing authority of the City of Thomaston, Georgia, will consider for final adoption at its regularly scheduled meeting to commence at 7:00 P.M. on the 4th day of October, 1983, adoption of an ordinance to amend the Charter of said City as follows:
(1) To amend Section 17 of said Charter so as to require the Mayor and Council to appoint and compensate a city clerk and a city treasurer, with the authority to appoint one person as both clerk and treasurer for said City, and to further authorize the Mayor and Council to appoint and compensate a deputy city clerk and a deputy city treasurer, with the authority to appoint one person to serve as both deputy clerk and treasurer, said dep-
GEORGIA LAWS 1984 SESSION
5449
uty official or officials to be vested with all of the power of the city clerk and/or city treasurer when called upon to serve.
(2) To amend Section 36 of said Charter so as to vest in the Mayor and City Council of said City full power and authority, at the discretion of the Mayor and Council, to regulate and enforce collection of and insure payment of any sanitary tax, any garbage and trash collection charges if imposed as a fee, imposed by said governing authority by the following methods:
(a) By making the said sanitary tax, or any garbage or trash collection fees imposed, a charge upon the property or real estate served, and to provide that if said sanitary tax or garbage and trash collection fees are not paid, the water, electric light and power energy, sewer service, garbage and trash collection service, or any one or more of said services, shall be shut off and discontinued until said sanitary tax, or garbage and trash collection fees, with interest thereon, are fully paid; and to provide for the issuance of execution for the unpaid sanitary tax or garbage and trash collection fees to be a lien upon the real estate and enforceable in the same manner as city taxes.
(b) To require prompt payment in advance for all garbage and trash collection services furnished by the City, or to require a reasonable deposit to insure the prompt payment for such service; to enforce by execution against any consumer served, in the same manner as city taxes are enforced, any unpaid charges for garbage and trash collection to a consumer who has moved to another location in said City leaving unpaid any charges for said services at a former location.
A copy of the proposed amendments to the Charter of the City of Thomaston is on file in the Office of the Clerk of the City of Thomaston, and in the Office of the Superior Court of Upson County, Georgia.
5450 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This the 6th day of September, 1983.
Wilbur K. Avera City Manager/City Clerk City of Thomaston, Ga.
Affiant further deposeth not, this the 7th day of October, 1983.
/s/ Betsy W. Phillips (Seal)
Sworn to and subscribed before me this 7th day of October, 1983.
/s/ Carol Thompson Notary Public, Upson County, Ga
Filed in the Office of the Secretary of State Oct. 12, 1983.
CITY OF THOMASVILLE--STREET PAVING ASSESSMENTS.
An ordinance to amend the Charter of the City of Thomasville, which was established by an Act approved October 3, 1889, entitled "An Act to Incorporate the Town of Thomasville as the City of Thomasville," (Ga. Laws 1888-1889, pages 854-864, inclusive), as amended by several subsequent acts, by amending subparagraph (d) of section 91 of article XV of the Charter as codified, section 91 being captioned "Street Improvements Authorized, Assessments, Ordinance, Presumption of Acceptance, Assessment of Abutting Real Estate, Public Property, Lien, When and How Payable, Installment Option" so as to change by ordinance the method and terms of payment of paving assessments and to change the interest rate on the unpaid balance of paving assessments; to provide that this ordinance shall not change the existing Charter or form of government of the City of
GEORGIA LAWS 1984 SESSION
5451
Thomasville in any manner except to change the method and terms of payment of paving assessments and to change the interest rate on the unpaid balance of paving assessments; to provide the effective date of the ordinance; to repeal all ordinances in conflict herewith; and for other purposes.
Section 1. Be it Ordained by the Board of Commissioners of the City of Thomasville, and it is hereby ordained by authority of the same that the charter of the City of Thomasville, which was established by an Act approved October 3, 1889, entitled "An Act to Incorporate the Town of Thomasville as the City of Thomasville," (Ga. Laws 1888-1889, Pages 854-864, inclusive), as amended by several subsequent acts, which acts and amendments authorized the improvements of streets and other places in the City by way of paving, curbing, and other methods, be, and the same is hereby amended by adding to Subparagraph (d) of section 91 of Article XV of the charter as codified the following paragraph:
"Provided further, that for all such improvements authorized by ordinance on and after June 28, 1982, (Except that with regard to Cloverdale Drive [Meadow Street to Kelly Street], Pecan Street [Magnolia Street to South Street], Persimmon Street [Magnolia Street to South Street], Marty Drive [Glen Arven Drive to Devereaux Drive], Third Avenue [Magnolia Street to Wright Street], Forrest Street [Bay St. to Plain Street], Festus Street [Plain Street to Burns Street], Plain Street [Forrest Street to Felix Street], North side of Forrest Street [widen, drain, and add curb-inner Blvd. to street in front of Douglass Middle School Gym], South side of Alexander St. [widen, drain, and add curb - Inner Blvd. to street in front of Douglass Middle School School Gym], Alexander Street [from street in front of Douglass Middle School Gym west approximately 170' to location of proposed new street behind the Douglass Middle School Gym], any other street added to, and included in, the 1982 Paving Program, each property on these streets may elect to pay for the amount of the assessment applicable to that property owner by the method in effect under Subparagraph (d) of Section 91 of Article XV of the Charter before the final reading and enactment of this amendment to ordinance, or each such property owner may elect to pay the amount of the assessment under the terms provided in this amendment to ordinance. Such election
5452 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
must be made within thirty days of the date of the ordinance providing for the amount of the assessment, and the City Clerk will provide forms on which the election can be made. If any such property owner does not elect between the choices allowed under this provision of the amendment, then the nine year deferred payment period under this amendment to ordinance more fully described below shall be automatically established for such assessment without any further option to the property owner except payment in full), the payment of the assessment shall be made under one of the following procedures, at the election of each property owner affected except as hereinafter specified: (1) Payment in full within thirty (30) days of the date of the final reading of the ordinance providing for the amount of the assessment for the improvement of the subject street, with no charge for interest for that thirty-day period or any part thereof; (2) payment by deferred payments over a three-year period, a sixyear period, or a nine-year period, at the election of each property owner affected, such deferred payments to include interest on the unpaid balance of the amount of the assessment at the rate referred to hereinafter, and such deferred payments of principal and interest to be made in equal monthly installments. The first of any such deferred payments shall be due and payable within thirty (30) days of the date of the final reading of the ordinance providing for the amount of the assessment for the improvement of the subject street, with each succeeding payment due on the same day of each succeeding month (or if that day is on a weekend or a holiday, the first business day thereafter) as the first payment was due. If the property owner does not act to elect one of the deferred payment plans within thirty (30) days of the final adoption of the assessing ordinance, then the nine-year deferred payment period shall be automatically established for such assessment without further option allowed except payment in full, with notice mailed to the property owner at his or her last known address. There shall be no prepayment under a deferred payment plan except payment in full. On any deferred payment plan, elected or automatically established, 3 months in arrears, the entire amount shall be declared due, writ of Fi.Fa. issued, the property levied upon, properly advertised, and sold in accordance with the laws of the State of Georgia. The interest on the unpaid principal balance under any of the deferred payment plans outlined above, or on any cash total payment after the first 30 days, shall be at a rate equal to twelve
GEORGIA LAWS 1984 SESSION
5453
(12) percent per annum from the date of the ordinance providing for the amount of the assessment except on those streets designated above where 7% rate may apply. The method by which the property owner shall be given notice, if any, of the due date of each installment payment, whether by coupon book, monthly billing, or otherwise, shall be according to a plan or plans devised by and promulgated by the City Clerk and City Treasurer, in their discretion."
Section 2. Be it further ordained that all portions of the Charter or amendments thereto or all Ordinances in conflict herewith be and the same are hereby repealed.
Section 3. Be it further ordained that if any part of this ordinance be declared void it is the intent and purpose hereof that all other provisions not so declared void shall remain in full force and effect.
Section 4. Be it further ordained that a notice, a copy of which is attached hereto, be made a part hereof, which notice embodies among other things, the substance of this ordinance with a certificate of the President of that corporation known as the Times-Enterprise Company, Incorporated, and that that corporation publishes the Thomasville Times-Enterprise Daily Edition, the official organ of Thomas County, in which the City of Thomasville is located, said certificate showing that the above and foregoing notice was published once a week for three (3) weeks within a period of sixty (60) days immediately preceding the day of the final adoption of this ordinance.
This ordinance shall become effective immediately upon its adoption.
This ordinance was introduced and read at a lawful meeting of the Board of Commissioners of the city of Thomasville held May 10, 1982 and read the second time, amended, passed, and
5454 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
adopted in like meeting held June 28, 1982.
/s/ M. Tom Faircloth Mayor
/s/ J. F. Ariail Clerk
Georgia, Thomas County
Personally appeared before the undersigned attesting officer, JULIUS F. ARIAIL, Clerk for the City of Thomasville, Georgia, who, on oath, says that a copy of the foregoing ordinance proposing to amend the charter of the City of Thomasville was filed in his office on the 30th day of April, 1982, for the purpose of examination and inspection by the public.
Further deposing, I say, under oath, that I am custodian of all records and the keeper of the minutes of the Board of Commissioners for the City of Thomasville, and that the foregoing ordinance is a true and exact copy of that ordinance which was finally adopted by the City of Thomasville in a regular meeting of the Board of Commissioners held in chambers on the 28th day of June, 1982, the original of which is in my possession and appears as a part of the official minutes of that meeting.
/s/ Julius F. Ariail, City Clerk
Sworn to and subscribed before me this 2nd day of November, 1982.
/s/ William C. Sanders Notary Public, State of Ga. at Large My Commission Expires June 6, 1985
Georgia, Thomas County
Personally appeared before the undersigned attesting officer, David Hutchings, Jr., Clerk of the Superior Court of Thomas
GEORGIA LAWS 1984 SESSION
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County, Georgia, being the legal situs of the City of Thomasville, Georgia, who, on oath, says that a copy of the foregoing ordinance proposing to amend the charter of the City of Thomasville was filed in his office on the 30th day of April, 1982, for the purpose of examination and inspection by the public.
Further deposing, I say, under oath, that a copy of the foregoing ordinance amending the charter of the City of Thomasville, properly certified to by the Clerk of the City of Thomasville, with a copy of the required notice of publication attached thereto, and an affidavit of a duly authorized representative of the newspaper in which such notice was published, to the effect that said notice has been published as provided by law, has been filed in this office on the 2nd day of November, 1982.
/s/ David Hutchings, Jr. Clerk of Superior Court of Thomas County, Georgia
Sworn to and subscribed before me this 2nd day of November, 1982.
/s/ William C. Sanders Notary Public, State of Ga. at Large My Commission Expires June 6, 1985
Notice of Intention to Amend Charter of the City of Thomasville by Ordinance Pursuant to the Provisions of that
Act of the General Assembly of Georgia Known as "The Municipal Home Rule Act of 1965."
City of Thomasville, Georgia
Notice is hereby given that an ordinance will be introduced and read for final adoption on Monday, May 24, 1982, to amend the charter of the City of Thomasville, which was established by an act approved October 3, 1889, entitled "An Act to Incorporate the Town of Thomasville as the City of Thomasville," (Georgia Laws 1888-1889, Pages 854-864, inclusive), as amended by several subsequent acts, by amending subparagraph (d) of Section 91 of Article 15 of the charter as codified, Section 91
5456 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
being captioned "Street Improvements Authorized, Assessments, Ordinance, Presumption of Acceptance, Assessment of Abutting Real Estate, Public Property, Lien, When and How Payable, Installment Option" so as to change by ordinance the method and terms of payment of paving assessments and to change the interest rate on the unpaid balance of paving assessments; to provide that this ordinance shall not change the existing charter or form of government of the City of Thomasville in any manner except to change the method and terms of payment of paving assessments and to change the interest rate on the unpaid balance of paving assessments; to provide the effective date of the ordinance; to repeal all ordinances in conflict herewith; and for other purposes.
A copy of this proposed amendment to the charter of the City of Thomasville is on file in the office of the Clerk of the City of Thomasville, and is on file in the office of the Clerk of the Superior Court of Thomas County, Georgia, for the purpose of examination and inspection by the public, all as required by law.
This 28th day of April, 1982.
/s/ Julius Ariail, City Clerk
Georgia, Thomas County
Personally appeared before the undersigned attesting officer C. L. Blanton, III, who, on oath, deposes and says that he is the publisher of that corporation known as the Times-Enterprise Company, Incorporated, and that that corporation publishes the Thomasville Times-Enterprise daily edition and that the Thomasville Times-Enterprise daily edition published on Friday of each week is the newspaper in which sheriff's advertisements for Thomas County are published. Further deposing, he says that as publisher of that corporation, he is the person duly vested with authority to sign for that corporation in all such matters and things as contained in this affidavit, and further says that the foregoing and attached notice of intention to amend the charter of the City of Thomasville was published in the Thomasville Times-Enterprise daily edition on the 30th day of April, 1982,
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and on the 7th day of May, 1982, and on the 14th day of May, 1982.
This the 27th day of October, 1982.
/s/ C. L. Blanton, III
Sworn to and subscribed before me this 27th day of October, 1982.
/s/ William C. Sanders Notary Public Notary Public, State of Ga. at Large My Commission expires June 6, 1985
Certificate
State of Georgia County of Thomas
I, Carl L. Rowland, do hereby certify that I am the ClerkTreasurer of the City of Thomasville, Georgia; that the foregoing is a true and correct copy of an ordinance adopted by the Board of Commissioners of said City on June 28, 1982, on file and of record in my office.
In testimony whereof, witness my hand and the seal of said City, this the 21st day of December, 1983.
/s/ Carl L. Rowland, Clerk-Treasurer.
Filed in the Office of the Secretary of State Dec. 28, 1983.
5458 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CITY OF THOMASVILLE--SALARY OF MAYOR AND COMMISSIONERS.
An Ordinance to amend the Charter of the City of Thomasville, which was established by an Act approved October 3, 1889, entitled "An Act to Incorporate the Town of Thomasville as the City of Thomasville", (Ga. Laws 1888-1889, Pages 854-864, Inclusive), as amended by several subsequent acts, by striking in its entirety section 7 of the Charter, which is section 12 of the Charter as codified, captioned "Salary of Mayor and Commissioners", and substituting therefor an entirely new section 7 of the Charter, to be section 12 of the Charter as codified, captioned "Salary of Mayor and Commissioners, so as to change the salary to be received by the Commissioners other than the one of their number designated as Mayor and to provide that this ordinance shall in no wise change the existing Charter or form of government of the City of Thomasville in any manner, except the compensation to be received by the members of The Board of Commissioners other than the Commissioner designated as Mayor; to provide the effective date of this ordinance; to repeal all ordinances in conflict herewith; and for other purposes.
Section 1. Be it ordained by the Board of Commissioners of the City of Thomasville, and it is hereby ordained by authority of the same that the Charter of the City of Thomasville, which was established by an Act approved October 3, 1889, entitled "An Act to Incorporate the Town of Thomasville as the City of Thomasville", (Ga. Laws 1888-1889, Pages 854-864, Inclusive), as amended by several subsequent acts, which acts and amendments provided the salary of the Mayor and Commissioners, be, and the same is hereby amended by striking in its entirety Section 7 of the Charter, which is Section 12 of the Charter as codified, captioned "Salary of Mayor and Commissioners", and substituting therefor an entirely new Section 7 of the Charter, which would be Section 12 of the Charter as codified, captioned "Salary of Mayor and Commissioners", such new Section 7 to read as follows:
"Section 7. Be it further enacted that from and after the effective date of this Ordinance, each Commissioner, with the exception of the Commissioner designated as Mayor, shall receive a salary of Three Hundred Fifty and 00/100 ($350.00)
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Dollars per month, payable monthly out of the treasury of said City, and the Commissioner designated as Mayor shall receive a salary of Four Hundred Fifty and 00/100 ($450.00) Dollars per month, payable monthly out of the treasury of said City.
Section 2. Be it further ordained that the provisions of this Ordinance increasing the compensation of the members of the Board of Commissioners and the provision increasing the salary of the Commissioners chosen to act as Mayor shall become effective on and after Jan. 1, 1984.
Section 3. Be it further ordained that all portions of the Charter or amendments thereto or all Ordinances in conflict herewith be and the same are hereby repealed.
Section 4. Be it further ordained that if any part of this ordinance be declared void it is the intent and purpose hereof that all other provisions not so declared void shall remain in full force and effect.
Section 5. Be it further ordained that a notice, a copy of which is attached hereto, be made a part hereof, which notice embodies among other things, the substance of this ordinance with a certificate of the President of that corporation known as the Times-Enterprise Company, Incorporated, and that that corporation publishes the Thomasville Times-Enterprise Daily Edition, the official organ of Thomas County, in which the City of Thomasville is located, said certificate showing that the above and foregoing notice was published once a week for three (3) weeks within a period of sixty (60) days immediately preceding the day of the final adoption of this ordinance.
This ordinance was introduced and read at a lawful meeting of the Board of Commissioners of the City of Thomasville held May 9, 1983 and read the second time, passed, and adopted in like meeting held May 23, 1983.
Section 6. This ordinance is effective as of the date of the
5460 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
second reading and final passage thereof.
/s/ M. Tom Faircloth Mayor
/s/ Joanne Pullen Dy. Clerk
Georgia, Thomas County
Personally appeared before the undersigned attesting officer, J. F. Ariail, Clerk for the City of Thomasville, Georgia, who on oath, says that a copy of the foregoing ordinance proposing to amend the charter of the City of Thomasville was filed in his office on the 20th day of April, 1983, for the purpose of examination and inspection by the public.
Further deposing, I say, under oath, that I am custodian of all records and the keeper of the minutes of the Board of Commissioners for the City of Thomasville, and that the foregoing ordinance is a true and exact copy of that ordinance which was finally adopted by the City of Thomasville in a regular meeting of the Board of Commissioners held in chambers on the 23rd day of May, 1983, the original of which is in my possession and appears as a part of the official minutes of that meeting.
/s/ J. F. Ariail City Clerk
Sworn to and subscribed before me this 24th day of May, 1983.
/s/ William C. Sanders Notary Public, State of Ga. at Large My Commission expires June 66, 1985
Georgia, Thomas County
Personally appeared before the undersigned attesting officer, David Hutchings, Jr., Clerk of the Superior Court of Thomas
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County, Georgia, being the legal situs of the City of Thomasville, Georgia, who, on oath, says that a copy of the foregoing ordinance proposing to amend the charter of the City of Thomasville was filed in his office on the 20th day of April, 1983, for the purpose of examination and inspection by the public.
Further deposing, I say, under oath, that a copy of the foregoing ordinance amending the charter of the City of Thomasville, properly certified to by the Clerk of the City of Thomasville, with a copy of the required notice of publication attached thereto, and an affidavit of a duly authorized representative of the newspaper in which such notice was published, to the effect that said notice has been published as provided by law, has been filed in this office on the 20th day of April, 1983.
/s/ David Hutchings, Jr. Clerk of Superior Court of Thomas County, Georgia
Sworn to and subscribed before me this 14th day of Oct., 1983.
/s/ Wendy A. Funk Slusher Notary Public, Georgia State at Large. My Commission Expires Feb. 16, 1984
Notice of Intention to Amend Charter of the City of Thomasville by Ordinance Pursuant to the Provisions of that
Act of the General Assembly of Georgia Known as "The Municipal Home Rule Act of 1965."
City of Thomasville, Georgia
Notice is hereby given that an ordinance will be introduced and read for final adoption on Monday, May 9, 1983, to amend the charter of the City of Thomasville, which was established by an act approved October 3, 1889, entitled "An Act to Incorporate the Town of Thomasville as the City of Thomasville," (Georgia Laws 1888-1889, Pages 854-864, inclusive), as amended by several subsequent acts, by striking in its entirety Section 7 of the charter, which is Section 12 of the charter as codified, captioned "Salary of Mayor and Commissioners" and substitut-
5462 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ing therefor an entirely new Section 7 of the charter, to be Section 12 of the charter as codified, which will bear the same title so as to change the salary received by the commissioners other than the one of their number designated as Mayor; to provide that this ordinance shall not change the existing charter or form of government of the City of Thomasville in any manner except to change the compensation to be received by the members of the Board of Commissioners other than the Commissioner designated as Mayor; to provide the effective date of the ordinance; to repeal all ordinances in conflict herewith; and for other purposes.
A copy of this proposed amendment to the charter of the City of Thomasville is on file in the office of the Clerk of the City of Thomasville, and is on file in the office of the Clerk of the Superior Court of Thomas County, Georgia, for the purpose of examination and inspection by the public, all as required by law.
This 23rd day of April, 1983.
/s/ William C. Sanders Attorney for the City of Thomasville, Georgia
Georgia, Thomas County
Personally appeared before the undersigned attesting officer C. L. Blanton, III, who, on oath, deposes and says that he is the publisher and general manager of that publication known as the Thomasville Times-Enterprise, which publishes the Thomasville Times-Enterprise daily edition and that the Thomasville TimesEnterprise daily edition published on Friday of each week is the newspaper in which sheriff's advertisements for Thomas County are published. Further deposing, he says that as publisher and general manager of that publication, he is the person duly vested with authority to sign for that publication in all such matters and things as contained in this affidavit, and further says that the foregoing and attached notice of intention to amend the charter of the City of Thomasville was published in the Thomasville Times-Enterprise daily edition on the 23rd day of April, 1983, and on the 29th day of April, 1983, and on the 6th day of
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May, 1983. This the 8th day of August, 1983.
/s/ C. L. Blanton, III
Sworn to and subscribed before me this 8th day of August, 1983.
/s/ Kaye Walker Notary Public
Filed in the Office of the Secretary of State Dec. 28, 1983.
CITY OF THOMASVILLE--INVESTMENTS OF PENSION FUND.
An ordinance to amend the Charter of the City of Thomasville, which was established by an Act approved October 3, 1889, entitled "An Act to Incorporate the Town of Thomasville as the City of Thomasville (Ga. Laws 1888-1889, pages 854-864, inclusive), as amended by several subsequent acts, by amending sections seventy-three of Article VII, Pensions, sections seventythree being captioned "Investment of Excess Funds" so as to change the investments in which the accumulated funds in the pension funds (established by Article VII) can be placed; to provide that this ordinance shall not change the existing Charter or form of government of the City of Thomasville in any manner except the investments in which accumulated funds in the pension fund can be placed; to provide the effective date of the ordinance; to repeal all ordinances in conflict herewith; and for other purposes.
Section 1. Be it ordained by the Board of Commissioners of the City of Thomasville and it is hereby ordained by authority of the same that the charter of the City of Thomasville, which was established by an Act approved October 3, 1889, entitled
5464 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
"An act to incorporate the town of Thomasville as the City of Thomasville" (Georgia Laws 1888-1889, Pages 854-864, inclusive) as amended by several subsequent acts, be and the same is hereby amended by striking in its entirety Section 73 of the Charter, which is Section 73 of the Charter as codified, captioned "Investment of Excess Funds," and substituting therefor an entirely new Section 73 of the Charter, which would be Section 73 of the Charter as codified, captioned "Investment of Excess Funds," such new section 73 to read as follows:
"Be it further enacted that in case there should accumulate more funds that should be needed for immediate use the authority entrusted with the pension fund is empowered to invest and reinvest such funds held by it in any investments which are legal investments of domestic insurance companies under the laws of this state.
Section 2. Be it further ordained that all portions of the charter or amendments thereto or all ordinances in conflict herewith be and the same are hereby repealed.
Section 3. Be it further ordained that if any part of this ordinance be declared void it is the intent and purpose hereof that all other provisions not so declared void shall remain in full force and effect.
Section 4. Be it further ordained that a notice, a copy of which is attached hereto, be made a part hereof, which notice embodies among other things the substance of this ordinance, a certificate of the president or other duly authorized representative of that corporation known as the Times-Enterprise Company, Inc., and the corporation publishes the Thomasville Times-Enterprise daily edition, the official organ of Thomas County, in which the City of Thomasville is located, said certificate showing that the above and foregoing notice was published once a week for three weeks for a period of sixty days immediately preceding the date of the final adoption of this ordinance.
This ordinance shall become effective immediately upon its adoption.
This ordinance was introduced and read at a lawful meeting of
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the Board of Commissioners of the City of Thomasville held May 9, 1983 and read the second time, past and adopted in a like meeting held May 23, 1983.
City of Thomasville
/s/ M. Tom Faircloth Mayor
Attest:
/s/ Joanne Pullen Dy. Clerk
Georgia, Thomas County
Personally appeared before the undersigned attesting officer, J. F. Ariail, Clerk for the City of Thomasville, Georgia, who, on oath, says that a copy of the foregoing ordinance proposing to amend the charter of the City of Thomasville was filed in his office on the 20th day of April, 1983, for the purpose of examination and inspection by the public.
Further deposing, I say, under oath, that I am custodian of all records and the keeper of the minutes of the Board of Commissioners for the City of Thomasville, and that the foregoing ordinance is a true and exact copy of that ordinance which was finally adopted by the City of Thomasville in a regular meeting of the Board of Commissioners held in chambers on the 20th day of April, 1983, the original of which is in my possession and appears as a part of the official minutes of that meeting.
/s/ J. F. Ariail City Clerk
Sworn to and subscribed before me this 21st day of April, 1983.
/s/ William C. Sanders Notary Public, State of Ga. at Large My Commission Expires June 6, 1985
5466 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Georgia, Thomas County
Personally appeared before the undersigned attesting officer, David Hutchings, Jr., Clerk of the Superior Court of Thomas County, Georgia, being the legal situs of the City of Thomasville, Georgia, who, on oath, says that a copy of the foregoing ordinance proposing to amend the charter of the City of Thomasville was filed in his office on the 20th day of April, 1983, for the purpose of examination and inspection by the public.
Further deposing, I say, under oath, that a copy of the foregoing ordinance amending the charter of the City of Thomasville, properly certified to by the Clerk of the City of Thomasville, with a copy of the required notice of publication attached thereto, and an affidavit of a duly authorized representative of the newspaper in which such notice was published, to the effect that said notice has been published as provided by law, has been filed in this office on the 20th day of April, 1983.
/s/ David Hutchings, Jr. Clerk of Superior Court of Thomas County, Georgia
Sworn to and subscribed before me this 14th day of Oct., 1983.
/s/ Wendy A. Funk Slusher Notary Public, Georgia, State at Large My Commission Expires February 16, 1984
Notice of Intention to Amend Charter of the City of Thomasville by Ordinance Pursuant to the Provisions of that
Act of the General Assembly of Georgia Known as "The Municipal Home Rule Act of 1965."
City of Thomasville, Georgia
Notice is hereby given that an ordinance will be introduced and read for final adoption on Monday, May 9, 1983, to amend the charter of the City of Thomasville, which was established by
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an act approved October 3, 1889, entitled "An Act to Incorporate the Town of Thomasville as the City of Thomasville," (Georgia Laws 1888-1889, Pages 854-864, inclusive), as amended by several subsequent acts, by striking in its entirety Section 73 of the charter, which is Section 73 of the charter as codified, captioned "Investment of Excess Funds" and substituting therefor an entirely new Section 73 of the charter, to be Section 73 of the charter as codified, which will bear the same title so as to change the scope of investments by the Pension Fund Board of Trustees of excess funds; to provide that this ordinance shall not change the existing charter or form of government of the City of Thomasville in any manner except to make the change referred to above; to provide the effective date of the ordinance; to repeal all ordinances in conflict herewith; and for other purposes.
A copy of this proposed amendment to the charter of the City of Thomasville is on file in the office of the Clerk of the City of Thomasville, and is on file in the office of the Clerk of the Superior Court of Thomas County, Georgia, for the purpose of examination and inspection by the public, all as required by law.
This 23rd day of April, 1983.
/s/ William C. Sanders Attorney for the City of Thomasville, Georgia
Georgia, Thomas County
Personally appeared before the undersigned attesting officer C. L. Blanton, III, who, on oath, deposes and says that he is the publisher and general manager of that publication known as the Thomasville Times-Enterprise, which publishes the Thomasville Times-Enterprise daily edition and that the Thomasville TimesEnterprise daily edition published on Friday of each week is the newspaper in which sheriff's advertisements for Thomas County are published. Further deposing, he says that as publisher and general manager of that publication, he is the person duly vested with authority to sign for that publication in all such matters and things as contained in this affidavit, and further says that the foregoing and attached notice of intention to amend the
5468 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
charter of the City of Thomasville was published in the Thomasville Times-Enterprise daily edition on the 23rd day of April, 1983, and on the 29th day of April, 1983, and on the 6th day of May, 1983.
This the 8th day of August, 1983.
/s/ C. L. Blanton, III
Sworn to and subscribed before me this 8th day of August, 1983.
/s/ Kaye Walker Notary Public
Filed in the Office of the Secretary of State Dec. 28, 1983.
CITY OF THOMASVILLE--"POLICE COURT" CHANGED TO "MUNICIPAL COURT"--PROCEDURES, ETC.
An Ordinance to provide for an amendment to the Charter of the City of Thomasville to change the name of the Police Court of the City of Thomasville to the Municipal Court of the City of Thomasville; to change the name of the Office of Recorder to Judge of the Municipal Court of the City of Thomasville; to change certain procedures in the Police Court (Municipal Court) of the City of Thomasville, including increasing the maximum monetary fine to $1,000.00; to provide the effective date of this ordinance; to repeal all ordinances in conflict herewith; and for other purposes.
Section 1. Be it ordained by the Board of Commissioners of the City of Thomasville, and it is hereby ordained by authority of the same, that the Charter of the City of Thomasville, which was established by Act approved October 3, 1889, entitled "An Act To Incorporate The Town of Thomasville as the City of Thomasville," (Georgia Laws 1888-89, pages 854-64, inclusive),
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as amended by several subsequent acts, which acts and amendments provided for the police court for the City of Thomasville and the preservation of the office of recorder, and the same is hereby amended as follows:
A. By striking in its entirety the caption for Article IX, "Police Court" and substituting therefore an entirely new caption for Article IX, the new caption for Article IX to read "Municipal Court."
B. By striking in its entirety Section 54 of the Charter, which is captioned "Police Court, Punishment for Contempt, Marshal and Clerk's Fees, Forfeiture of Appearance Bond," and substituting therefore an entirely new Section 54 of the Charter as codified, the new Section 54 to be captioned "Municipal Court, Punishment for Contempt, Marshal and Clerk's Fees, Forfeiture of Appearance Bond," and the new Section 54 to read as follows:
Be it further enacted that a municipal court shall be held as often as may be necessary for the trial of offenders against the by-laws ordinances, rules and regulations of said city, and the presiding officer of said court may punish any person convicted of violating any by-law, ordinance, rule or regulation of said city by sentencing the said offender to pay a fine not exceeding One Thousand Dollars $1,000.00) or to imprisonment in the common jail of Thomas County for any time not exceeding sixty (60) days, or to work on the streets or public works of said city or anytime not exceeding ninety (90) days, or may impose any one or more of these punishments for the same offense. Said court may enforce its judgments by imprisonment in the common jail of Thomas County or work on the public works. The presiding officer of said court shall be the judge of the municipal court of Thomasville, referred to more particularly in Section 54.1 hereinafter, and the judge of municipal court shall have power to punish for contempt of court any person disturbing said court, refusing to obey its mandates or in any way guilty of contempt thereof, by fine not to exceed twenty dollars ($20.00) for each active contempt, or to commit to the jail of Thomas County, for any time not longer than three (3) days. In the event of the absence, sickness or disqualification of
5470 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
the judge of municipal court the mayor or mayor pro tern shall have, at the election of the mayor, all the powers conferred by this charter upon the judge of municipal court. In the event the judge of municipal court, the mayor or the mayor pro tern cannot serve on any case because of absence, sickness or disqualification the mayor shall appoint as a judge pro hac vice an attorney at law licensed to practice law within the State of Georgia whose offices are located within the corporate limits of the City of Thomasville. The marshal and clerks shall also be officers of said court and shall have for their attendance and services in said court such fees as may be fixed by the Board of Commissioners, which fee shall be collected as part of the penalty in all cases of conviction. Any person charged with the violation of the ordinances, rules or regulations of said city shall, unless the offense is of such nature as to require the arrest and confinement of the party, be served by the marshal or any policeman of said city with a copy of a summons, signed by the clerk and bearing authority in the name of the judge of municipal court or the presiding officer for that case, setting out in a plain, summary manner the nature of the offense charged, and the time when and the place where the party is required to appear and stand trial. Any party under bond who shall fail to appear at the time and place named in the bond shall be liable to arrest and imprisonment, and the court may declare the bond forfeited, giving written notice to the securities thereon that, unless they produce their principal within one week, judgment will be entered up against them for the amount of said bond, and judgment issued against said principal and his securities for the amount of said judgment and costs. Nothing herein contained shall be construed to prevent the arrest without warrant or summons of any person when it is necessary to preserve the peace, good order or security of said city, or to prevent the commission of a crime.
C. By adding to section 54.1 of the charter as codified, captioned "Recorder-Office Preserved," the following sentence:
Be it further enacted that on and after the effective date of the ordinance providing herefor the recorder shall be known as "Judge of Municipal Court of Thomasville" who shall exercise all powers and duties hereinbefore and hereinafter de-
GEORGIA LAWS 1984 SESSION
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scribed for said officer by the charter of the City of Thomasville and any amendments thereto.
D. By striking in its entirety Section 55 of the charter as codified, captioned "Same-turn; Salary; Removable; Power; Vacancy," and substituting therefore an entirely new section 55 of the charter as codified, the new section 55 as codified to be captioned "Judge of Municipal Court-Term; Salary; Removal; Power; Vacancy," the new section 55 to read as follows:
"Sec. 55 Judge of Municipal Court-Term; Salary; Removable; Power; Vacancy."
Whenever the board of commissioners shall select a judge of municipal court, which they are hereby empowered to do, his term of office shall be the same as that of the board of commissioners; he shall receive a salary fixed by the board of commissioners; shall be removable from office by such board and shall have, when qualified, all of the authority and duties hereinbefore provided for the presiding officer of the municipal court of Thomasville and all other authority lawfully exercised by municipal court judges in this state. When the judge of municipal court is disqualified, the mayor, mayor pro tem or a judge pro hac vice shall act as hereinbefore provided.
Section 2. Be it further ordained that the provisions of this ordinance shall become effective on and after September 12, 1983.
Section 3. Be it further ordained that all portions of the charter or amendments thereto and all ordinances and conflict herewith be in the same and are hereby repealed.
Section 4. Be it further ordained that if any part of this ordinance be declared void it is the intent and purpose hereof that all other provisions not so declared void shall remain in full force and effect.
Section 5. Be it further ordained that a notice, a copy of which is attached hereto, be made a part hereof, which notice embodies, among other things, the substance of this ordinance
5472 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
with a certificate of a duly authorized representative of newspaper in which the notice was published to the effect that the notice has been published as provided by state law.
This ordinance was introduced and read at a lawful meeting of the Board of Commissioners of the City of Thomasville held September 12, 1983 and read a second time, passed and adopted in a like meeting held September 12, 1983.
/s/ M. Tom Faircloth Mayor
/s/ Joanne Pullen Deputy Clerk
Georgia, Thomas County
Personally appeared before the undersigned attesting officer, Carl L. Rowland, Clerk for the City of Thomasville, Georgia, who, on oath, says that a copy of the foregoing ordinance proposing to amend the charter of the City of Thomasville was filed in his office on the 8th day of August, 1983, for the purpose of examination and inspection by the public.
Further deposing, I say, under oath, that I am custodian of all records and the keeper of the minutes of the Board of Commissioners for the City of Thomasville, and that the foregoing ordinance is a true and exact copy of that ordinance which was finally adopted by the City of Thomasville in a regular meeting of the Board of Commissioners held in chambers on the 12th day of September, 1983, the original of which is in my possession and appears as a part of the official minutes of that meeting.
/s/ Carl L. Rowland City Clerk
Sworn to and subscribed before me this 31st day of October, 1983.
/s/ Joan H. Pullen Notary Public, Thomas County, Georgia My Commission Expires Apr. 9, 1985
GEORGIA LAWS 1984 SESSION
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Georgia, Thomas County
Personally appeared before the undersigned attesting officer, David Hutchings, Jr., Clerk of the Superior Court of Thomas County, Georgia, being the legal situs of the City of Thomasville, Georgia, who, on oath, says that a copy of the foregoing ordinance proposing to amend the charter of the City of Thomasville was filed in his office on the 8th day of August, 1983, for the purpose of examination and inspection by the public.
Further deposing, I say, under oath, that a copy of the foregoing ordinance amending the charter of the City of Thomasville, properly certified to by the Clerk of the City of Thomasville, with a copy of the required notice of publication attached thereto, and an affidavit of a duly authorized representative of the newspaper in which such notice was published, to the effect that said notice has been published as provided by law, has been filed in this office on the 8th day of August, 1983.
/s/ David Hutchings, Jr. Clerk of Superior Court of Thomas County, Georgia
Sworn to and subscribed before me this 31st day of October, 1983.
/s/ Wendy A. Funk Slusher
Notice of Intention to Amend Charter of the City of Thomasville by Ordinance Pursuant to the Provisions of that
Act of the General Assembly of Georgia Known as "The Municipal Home Rule Act of 1965."
City of Thomasville, Georgia
Notice is hereby given that an ordinance will be introduced and read for final adoption on Monday, September 12, 1983 to amend the charter of the City of Thomasville, which was established by an act approved October 31, 1889, entitled "An Act to
5474 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Incorporate the Town of Thomasville as the City of Thomasville," (Georgia Laws 1888-1889, Pages 854-864, inclusive) as amended by several subsequent acts, by amending Article IX of the Charter as codified, Article IX being captioned "Police Court" and Section 54 thereof, being captioned "Police Court, Punishment for Contempt, Marshal and Clerk's Fees, Forfeiture of Appearance Bond" and Section 54.1 thereof, being captioned "Recorder - Office Preserved" and Section 55 thereof, being captioned "Same-Term; Salary; Removable; Powers; Vacancy" so as to change by ordinance the name of the "Police Court" of Thomasville to "Municipal Court of the City of Thomasville"; to provide for a judge of municipal court of the City of Thomasville as the presiding officer of the Court; to provide for a monetary fine for a violation of the city's bylaws, ordinances, rules or regulations not to exceed $1000.00; to provide for the Mayor or Mayor pro-tem to act as judge of the municipal court where the judge of municipal court may be disqualified, or, where all may be disqualified, for the appointment of a judge pro hac vice; for the change of the name of the office of recorder to judge of Municipal Court of Thomasville; to provide that this ordinance shall not change the existing charter or form of government of the City of Thomasville in any manner except to make the changes referred to above, to provide the effective date of the ordinance; to repeal all ordinances in conflict herewith; and for other purposes.
A copy of this proposed amendment to the charter of the City of Thomasville is on file in the office of the Clerk of the City of Thomasville, and is on file in the office of the Clerk of the Superior Court of Thomas County, Georgia, for the purpose of examination and inspection by the public, all as required by law.
This the 8th day of August, 1983.
/s/ William C. Sanders City Attorney
Georgia, Thomas County
Personally appeared before the undersigned attesting officer C. L. Blanton, III, who, on oath, deposes and says that he is the
GEORGIA LAWS 1984 SESSION
5475
publisher and general manager of that publication known as the Thomasville Times-Enterprise, which publishes the Thomasville Times-Enterprise daily edition and that the Thomasville TimesEnterprise daily edition published on Friday of each week is the newspaper in which sheriffs advertisements for Thomas County are published. Further deposing, he says that as publisher and general manager of that publication, he is the person duly vested with authority to sign for that publication in all such matters and things as contained in this affidavit, and further says that the foregoing and attached notice of intention to amend the charter of the City of Thomasville was published in the Thomasville Times-Enterprise daily edition on the 12th day of August, 1983, and on the 19th day of August, 1983, and on the 26th day of August, 1983.
This the 27th day of October, 1983.
/s/ C. L. Blanton, III
Sworn to and subscribed before me this 27th day of October, 1983.
/s/ Angela Humphries Notary Public Notary Public, Georgia, State at Large My Commission Expires Aug. 18, 1987
Filed in the Office of the Secretary of State Dec. 28, 1983.
CITY OF TOCCOA--LIMITATION ON PURCHASES WITHOUT COMPETITIVE BIDS.
An ordinance to amend the Charter of the City of Toccoa as amended to allow purchases up to and including $2,000.00 to be made by the City Manager and Director of Finance.
Section 1. Be it ordained by the City Commission of Toe-
5476 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
coa; That the Charter of the City of Toccoa, Georgia 1897 Ga. Laws 341 as amended is hereby amended by deleting from Section 10 the following provisions:
"Purchases up to and including One Thousand Dollars ($1,000.00) - may be made by the City Manager and the Director of Finance. All purchases in excess of One Thousand Dollars - ($1,000.00) - shall only be made upon prior approval by the Commission and the Commission may require that any such purchase be made upon a bid basis."
and substituting therefor:
"Purchases up to and including Two Thousand Dollars ($2,000.00) - may be made by the City Manager and the Director of Finance. All purchases in excess of Two Thousand Dollars - ($2,000.00) - shall only be made upon prior approval by the Commission and the Commission may require that any such purchase be made upon a bid basis."
Section 2. All ordinances or parts of ordinances and all portions of the Charter or amendments in conflict herewith be and the same are hereby repealed.
Section 3. This amendment shall become effective on and after the final passage of this Ordinance.
Read twice and unanimously adopted at a regular meeting of the City Commission of the City of Toccoa, Georgia held at the City Hall the 13th day of December, 1982.
/s/ Lamar Oliver Mayor
Attest:
/s/ Josephine Gleason City Clerk
GEORGIA LAWS 1984 SESSION
5477
Georgia, Stephens County
Personally appeared before the undersigned attesting officer, JOSEPHINE GLEASON, Clerk for the City of Toccoa, Georgia who on oath says that a copy of the foregoing Ordinance proposing to amend the Charter of the City of Toccoa was filed in her office, on the 13th day of December, 1982, for the purpose of examination and inspection by the public,
Further deposing, I say, under oath, that I am custodian of all records and the keeper of the minutes of the City Commission of the City of Toccoa, and that the foregoing Ordinance is a true and exact copy of that Ordinance which was finally adopted by the City of Toccoa in a regular meeting of the City Commission held at the City Hall on the 13th day of December, 1982, the original of which is in my possession and appears as a part of the Official Minutes of that meeting.
/s/ Josephine Gleason City Clerk
Sworn to and subscribed before me this 13th day of December, 1982.
/s/ Elmo B. Andrews Notary Public Notary Public, Georgia, State at Large My Commission Expires Mar. 23, 1985
Georgia, Stephens County
Personally appeared before the undersigned attesting officer, OTTO ROBERTS, Clerk of the Superior Court of Stephens County, Georgia, being the legal situs of the City of Toccoa, Georgia, who on oath, says that a copy of the foregoing Ordinance proposing to amend the Charter of the City of Toccoa, was filed in his office on the 6th day of January, 1983, for the purpose of examination and inspection by the public.
Further deposing, I say, under oath, that a copy of the forego-
5478 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ing Ordinance amending the Charter of the City of Toccoa, properly certified to by the Clerk of the City of Toccoa, with a copy of the required notice of publication attached thereto and an affidavit of a duly authorized representative of the newspaper in which said notice was published, to the effect that said notice has been published as provided by law, has been filed in this office on the 6th day of January, 1983.
/s/ Otto Roberts Clerk Superior Court, Stephens County, Georgia
Sworn to and subscribed before me this 6th day of January, 1983.
/s/ Elmo B. Andrews Notary Public Notary Public, Georgia, State at Large My Commission Expires Mar. 23, 1985
Notice
Georgia, Stephens County
Notice of intent to amend the Charter of the City of Toccoa by Ordinance pursuant to the Municipal Home Rule Act of 1955 (1965 Ga. Laws 298 as amended).
City of Toccoa, Georgia
Notice is hereby given that an Ordinance will be introduced, read and duly considered for the first time at a regular meeting of the City Commission of the City of Toccoa, Georgia on the 8th day of November, 1982, and that this Ordinance will be read and considered for final adoption at a second regular meeting of the City Commission of the City of Toccoa to be held on the 13th day of December, 1982. Said proposed Ordinance would amend the Charter of the City of Toccoa so as to delete the present provisions relating to powers and duties of the City Man-
GEORGIA LAWS 1984 SESSION
5479
ager; specifically to delete the provision requiring that purchases in excess of $1,000.00 shall only be made upon prior approval by the Commission and to enact a new provision to allow purchases up to and including $2,000.00 to be made by the City Manager and the Director of Finance without prior approval of the City Commission.
A copy of this proposed amendment is on file in the Office of the Clerk of the City of Toccoa and the Clerk of the Superior Court of Stephens County for the purpose of examination and inspected by the public, as required by law.
This 15th day of November, 1982.
/s/ John A. Dickerson Attorney for the City of Toccoa
Affidavit
Published in the Toccoa Record November 18, November 25, and December 2, 1982.
Georgia, Stephens County
Personally appeared before me, the undersigned attesting officer, CHARLES A. HAMILTON, who says that he is a duly authorized representative of the Toccoa Record and that the attached notice to amend the Charter of the City of Toccoa, so as to delete the present provisions relating to powers and duties of the City Manager; specifically to delete the provision requiring that purchases in excess of $1,000.00 shall only be made upon prior approval by the Commission and to enact a new provision to allow purchases up to and including $2,000.00 to be made by the City Manager and the Director of Finance without prior approval of the City Commission, was published in the Toccoa Record on the 18th day of November, 1982, the 25th day of November, 1982 and the 2nd day of December, 1982.
5480 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This 13th day of December, 1982. /s/ Charles A. Hamilton
Sworn to and subscribed before me this 13th day of December, 1982. /s/ Susan M. Snyder
Notary Public AKA Susan M. Duckett My Commission Expires July 7, 1986 Filed in the Office of the Secretary of State Jan. 11, 1983.
CITY OF TOCCOA--COMPENSATION OF MAYOR, VICE MAYOR AND COMMISSION MEMBERS.
Be it ordained by the City Commission of the City of Toccoa, Georgia;
That the section in the Ordinance pertaining to compensation to the Mayor, Vice Mayor and City Commissioners is hereby amended to read as follows:
The Mayor shall receive compensation for services to the City in the amount of $400.00 per month. The Vice Mayor shall receive compensation for services to the City in the amount of $350.00 per month. Each Commission Member shall receive compensation for services to the City in the amount of $300.00 per month. Be it further ordained, that all Ordinances and parts of Ordinances in conflict herewith are hereby repealed. This amendment shall become effective on January 1, 1984.
GEORGIA LAWS 1984 SESSION
5481
Read twice and unanimously adopted at a regular meeting of the City Commission of the City of Toccoa, Georgia, held at the City Hall on this the 10th day of October, 1983.
/s/ James A. Neal Mayor
Attest:
/s/ Josephine Gleason City Clerk
Georgia, Stephens County
Personally appeared before the undersigned attesting officer, JOSEPHINE GLEASON, Clerk for the City of Toccoa, Georgia, who on oath says that a copy of the foregoing Ordinance proposing to amend the Charter of the City of Toccoa was filed in her office, on the 10th day of October, 1983, for the purpose of examination and inspection by the public,
Further deposing, I say, under oath, that I am custodian of all records and the keeper of the minutes of the City Commission of the City of Toccoa, and that the foregoing Ordinance is a true and exact copy of that Ordinance which was finally adopted by the City of Toccoa in a regular meeting of the City Commission held at the City Hall on the 10th day of October, 1983, the original of which is in my possession and appears as a part of the Official Minutes of that meeting.
/s/ Josephine Gleason City Clerk
Sworn to and subscribed before me this 25th day of October, 1983.
/s/ Elmo B. Andrews Notary Public Notary Public, Georgia, State At'Large My Commission Expires Mar. 23, 1985
5482 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Georgia, Stephens County
Personally appeared before the undersigned attesting officer, OTTO ROBERTS, Clerk of the Superior Court of Stephens County, Georgia, being the legal situs of the City of Toccoa, Georgia, who on oath, says that a copy of the foregoing Ordinance proposing to amend the Charter of the City of Toccoa, was filed in his office on the 28th day of October, 1983, for the purpose of examination and inspection by the public.
Further deposing, I say, under oath, that a copy of the foregoing Ordinance amending the Charter of the City of Toccoa, properly certified to by the Clerk of the City of Toccoa, with a copy of the required notice of publication attached thereto and an affidavit of a duly authorized representative of the newspaper in which said notice was published, to the effect that said notice has been published as provided by law, has been filed in this office on the 28th day of October, 1983.
/s/ Otto Roberts, Clerk Superior Court, Stephens County, Georgia
Sworn to and subscribed before me this 28th day of October, 1983.
/s/ Elmo B. Andrews Notary Public Notary Public, Georgia, State At Large My Commission Expires Mar. 23, 1985
Public Notice
Please take notice that the City Commission of the City of Toccoa proposes an amendment to its Code of Ordinances to provide for compensation for the Mayor, Vice Mayor and the City Commissioners as set forth in Section VI of the Charter of the City of Toccoa. A copy of the proposed amendment is on file in the Office of the Clerk of the City Commission and a copy of
GEORGIA LAWS 1984 SESSION
5483
the proposed amendment is on file in the Office of the Clerk of the Superior Court of Stephens County. A copy of the proposed amendment shall be furnished by the City Clerk of the City Commission upon request.
This 23rd day of August, 1983.
John A. Dickerson City Attorney City of Toccoa
Affidavit
Published in the Toccoa Record August 25, September 1 and September 8, 1983.
Georgia, Stephens County
Personally appeared before me, the undersigned attesting officer, CHARLES A. HAMILTON, who says that he is a duly authorized representative of the Toccoa Record and that the attached notice to amend the Charter of the City of Toccoa, pertaining to compensation to the Mayor, Vice Mayor and City Commissioners was published in the Toccoa Record on the 25th day of August, 1983, the 1st day of September, 1983 and the 8th day of September, 1983.
This 27th day of October, 1983.
/s/ Charles A. Hamilton
Sworn to and subscribed before me this 27th day of Oct., 1983.
/s/ Elmo B. Andrews Notary Public Notary Public, Georgia, State At Large My Commission Expires Mar. 23, 1985
Filed in the Office of the Secretary of State Nov. 3, 1983.
5484 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CITY OF ZEBULON--AUTHORITY OF MAYOR'S COURT TO IMPOSE FINES & PUNISHMENTS.
WHEREAS, the council for the City of Zebulon desires to amend the charter for the City of Zebulon, approved March 28, 1961, (Ga. Laws 1961, p. 2704), as amended;
The said council hereby adopts the following ordinance at two regular consecutive meetings of said council, not less than seven nor more than sixty days apart;
The charter for the City of Zebulon, approved March 28, 1961, (Ga. Laws 1961, p. 2704), as amended, is hereby amended by deleting the sentence in the first paragraph of Section 41.3 which reads:
"The mayor's court may fix punishment for offenses within its jurisdiction not exceeding a fine of five hundred dollars ($500.00), or imprisonment for ninety (90) days or both."
and substituting hereafter in its place the following:
"The mayor's court may fix punishment for offenses within its jurisdiction of a fine not exceeding one thousand dollars ($1,000.00), and to imprisonment in the city jail, and to work and labor on the streets or public works of said city, whether within or without the corporate limits, not exceeding six (6) months, and to impose both a fine and a sentence of imprisonment and labor, in the discretion of said court, and all sentences may be in the alternative and fines may be imposed with the alternative of sentence to imprisonment and labor in the event the fines are not paid. Said court shall further have the 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 city tax executions are enforced."
All laws and ordinances in conflict herewith are hereby repealed.
GEORGIA LAWS 1984 SESSION
5485
Adopted and approved this 18th day of October, 1983.
/s/ Harry B. Rawlins /s/ Charlott Bennett /s/ C. R. Gwyn, Jr. /s/ Roger Shannon
/s/ E. F. Edwards Mayor
Attest:
/s/ Charles W. McClelland Clerk
Public Notice
The city council for the City of Zebulon will consider for final adoption at the next regular meeting [October 18, 1983] of said council an amendment to its charter [Ga. Laws 1961, p. 2704], deleting the following sentence in Section 41.3,
"The mayor's court may fix punishment for offenses within its jurisdiction not exceeding a fine of five hundred dollars [$500.00], or imprisonment for ninety [90] days or both."
and substituting hereafter in its place the following:
"The mayor's court may fix punishment for offenses within its jurisdiction of a fine not exceeding one thousand dollars [$1,000.00] and to imprisonment in the city jail, and to work and labor on the streets or public works of said city, whether within or without the corporate limits, not exceeding six [6] months, and to impose both a fine and a sentence of imprisonment and labor, in the discretion of said court, and all sentences may be in the alternative and fines may be imposed with the alternative of sentence to imprisonment and labor in the event the fines are not paid. Said court shall further have the 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
5486 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
same manner as city tax executions are enforced."
A copy of said amendment is on file for public inspection at the Office of the City Manager in the City Municipal Building and at the Office of the Clerk of Superior Court for Pike County in the Pike County Courthouse.
Charles McClelland City Manager, City of Zebulon
Affidavit of Publisher
State of Georgia County of Pike
Personally appeared before me, the undersigned officer, duly authorized to administer oaths in said State and County, Rachel N. McClelland, who, having been duly sworn, deposes and says on oath that he is publisher of Pike County Journal And Reporter, that, as such, he is authorized to make this affidavit, and that the attached notice was published in Pike County Journal & Reporter, a local newspaper of general circulation in PIKE County, Georgia, on 9/28, 10/5, 10/12, 1983.
This 19th day of October, 1983.
/s/ Rachel N. McClelland Publisher
Sworn to and subscribed before me this 19th day of October, 1983.
/s/ Robin B. Perkins Notary Public My Commission Expires: 9/19/87
Filed in the Office of the Secretary of State Oct. 21, 1983.
5487
OFFICE OF THE GOVERNOR Atlanta, Georgia 30334 April 10, 1984
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 421, 385, 246, 367 and Senate Resolution 431 which were passed by the General Assembly of Georgia at the 1984 Regular Session.
Article V, Section II, Paragraph VI of the Constitution requires that I transmit such bills to you, together with a list of reasons for such vetoes. The bills and corresponding reasons for their veto are enclosed.
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 the
Senate Honorable Frank H. Edwards, Legislative Counsel Honorable Michael J. Bowers, Attorney General Honorable Max Cleland, Secretary of State
5488
OFFICE OF THE GOVERNOR Atlanta, Georgia 30334 April 10, 1984
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 1442, 1472, 1373, 1205, 358, 1029, 1067, 94, 886, 464, 199 and 1163 which were passed by the General Assembly of Georgia at the 1984 Regular Session.
Article V, Section II, Paragraph VI of the Constitution requires that I transmit such bills to you, together with a list of reasons for such vetoes. The bills and corresponding reasons for their veto are enclosed.
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 the Senate
Honorable Frank H. Edwards, Legislative Counsel Honorable Michael J. Bowers, Attorney General Honorable Max Cleland, Secretary of State
5489
Veto No. 13--House Bill 1442 by Representatives Dover and Irvin
This legislation relates to the appointment of judges of courts of municipalities to change the residence requirement for such judges. Because of a technical defect in the bill, the author has requested that this legislation be vetoed.
Veto No. 14--Senate Bill 421 by Senator Timmons
This legislation provided that the Judge of the Probate Court of Calhoun County shall become the Chief Magistrate of the county. Because of a technical defect in the bill, the author has requested that this legislation be vetoed.
Veto No. 15--House Bill 1472 by Representatives Coleman, Buck and Richardson
This legislation relates to the jurisdiction of campus police. The author of this legislation requested that this bill be vetoed since it is very similar to the language of a senate bill. The parties affected by the legislation decided to support the senate bill.
Veto No. 16--Senate Bill 385 by Senator Kidd
This bill required the Board of Commissioners of Baldwin County to run from districts. Because of a technical defect in the legislation, the author of the bill has requested that this legislation be vetoed.
Veto No. 17--House Bill 1373 by Representatives Rainey, Murphy, Burruss and others
This legislation would divest from counties and municipal corporations the ability to regulate the possession, ownership, transportation, carrying, transfer, sale, purchase or licensing of guns, firearms, ammunition or components of firearms and ammunition. However, this bill is flawed in that it contains an exemption for the City of Savannah from the requirements of this law so long as there is no change in its current local ordinance. I do not favor an exemption for one city in Georgia over others. Therefore, I am vetoing this legislation.
5490
Veto No. 18--House Bill 1205 by Representatives Caldwell, Childers and McKelvey
This bill reapportions Districts 15, 16, 28 and 34 of the House of Representatives. Originally, this bill affected only the City of Rome, Georgia, and Floyd County, changing legislative Districts 15 and 16. However, an amendment was placed on this bill at the end of the session changing the configuration of House Districts 28 and 34.
While the original legislation was approved by the House Reapportionment Committee before passage by the House, the amendment was neither presented to the House Reapportionment Committee nor to the Fulton County Delegation. I have been requested by the House Reapportionment Committee, the Fulton County Delegation, and the author to veto this bill.
Veto No. 19--House Bill 358 by Representatives Watson, Adams, Edwards and others
This legislation would limit the number of retail package liquor store licenses to a maximum of one license per 3,000 people with the exception that each city or county may issue a minimum of two licenses. The legislation grandfathers in all existing licenses issued by cities and counties to further restrict the number of licenses on a population basis.
While the expressed intent of the bill, to place a limit on the number of liquor stores in Georgia, is one with which I concur personally, nevertheless I believe the competitive market should make such a determination. Enactment of this legislation could create a monopoly for existing liquor store owners.
Local governments in Georgia have long controlled the licensing of liquor stores, and I do not feel that it is appropriate for the state to begin now to erode that authority. Therefore, I am vetoing this legislation.
Veto No. 20--House Bill 1029 by Representatives Allen, Triplett, Hamilton and others
This legislation makes it unlawful for any parent or guardian knowingly to allow or permit a child under the age of 17 to loiter
5491
or remain in a public place between midnight and 5:00 a.m. unless he is accompanied by an adult or has "a legitimate excuse." The bill contains no definition of "a legitimate excuse," thus the measure would be completely unenforceable. Therefore, I am vetoing this legislation, but at the same time, I would like to commend the author of this bill for his well-intentioned efforts to encourage parental responsibility and provide protection for children during the hours when they are most likely to encounter harm if allowed to roam unattended.
Veto No. 21--Senate Bill 246 by Senators Huggins, Bond, Tate and others
This legislation creates a state record-keeping system to provide juvenile court judges in each county with information regarding prior convictions of a juvenile. This would supplement the voluntary system presently used by juvenile court judges.
During consideration of this measure, an amendment was added which would automatically seal the juvenile's record within six months of his eighteenth birthday, despite any previous record. In contrast, under current law, a record may be sealed two years after the juvenile is released from the system.
While it is the aim of the law to seal the record of a minor who corrects his life after a juvenile problem, it is equally apparent that the record of a juvenile who continues his life of crime after the age of majority is relevant and most informative to the legal community. This is true not only in investigating any future crimes, but also in making appropriate decisions regarding the safety and welfare of the person.
The automatic sealing of records in no way takes into account the needs of the adult systems when a juvenile continues his life of crime into adulthood. Existing law leaves to a qualified juvenile judge the decision as to whether information can be obtained by law enforcement officers. I support the current law; therefore, I must veto this legislation.
Veto No. 22--House Bill 1067 by Representatives Barnes, Padgett, Cheeks and others
This legislation refers to purchase contracts awarded by the
5492
Department of Administrative Services. It expands the requirement that they go to the lowest bidder to provide that when comparing bids of a non-resident vendor with a resident vendor, the Department shall reduce the resident vendor's bid by the percentage equal to the percentage reduction, if any, which the non-resident vendor's state applies to give preference to that state's resident vendor.
While this legislation is meant to protect Georgia vendors who must compete in other states against preferential treatment given to that state's residents, it is a further restriction of a normal competitive market. Additionally, the measure contains no definition of a "resident" of this state, a question with which other states with preferential laws have wrestled unsuccessfully until it was decided by the courts. Furthermore, a determination by the Department of Administrative Services as to how to apply to such preferential treatment would prove totally unmanageable. For these many reasons, I am vetoing this legislation.
Veto No. 23--Senate Bill 367 by Senators McGill, Walker, Kennedy and others
This legislation would prohibit refiners, producers or manufacturers of automotive gasoline from opening or operating a retail gasoline station after July 1, 1985, unless they own the stations prior to February 20, 1984.
This bill sets a dangerous precedent in that it is an attempt to place limits on the free enterprise system and, in effect, restrict the competitive market. As a businessman myself, I am sympathetic to the needs and concerns of small businessmen who contend that major oil companies undercut the prices dealers can offer at their stations with lower prices at company-owned service stations. However, my experience as a businessman also leads me to reject any effort to set conditions on the marketplace. Signing this bill would send the wrong message to the business community, both in Georgia and across the nation.
No matter how helpful such legislation might be in the short run, in the long run, such restrictions would not be conducive to a healthy economy. In fact, the concept embodied in this measure might easily be expended to include other business products in the future with only a few changes in the wording. Geor-
5493
gia is known for its pro-business attitude which plays an important role in the continued investment activity and solid expansion of our economy. With these considerations in mind, I am vetoing this legislation.
Veto No. 24--House Bill 94 by Representative Selman
This bill affecting the Peace Officers' Annuity and Benefit Fund allows the payment of disability benefits to peace officers who were previously members of POAB and who, upon becoming disabled, were denied disability benefits.
This bill allows one person, who has now retired, to receive benefits from the retirement fund. Since this bill does not require the person affected to perform any employment duties or make any employee contributions after its effect, the bill is unconstitutional as a gift or gratuity granted by the state. Consequently, I am vetoing this bill.
Veto No. 25--Senate Resolution 431 by Senator Reddish
This resolution requested that the Department of Transportation designate the Owen G. Lee Parkway. At the request of the author, this resolution was vetoed.
Veto No. 26--House Bill 886 by Representative Dobbs
This bill requires all state agencies to pay all properly submitted invoices for the sale or lease of real or personal property or the sale of services within seven to 30 days of their receipt, depending upon the item purchased. Interest in the amount of one percent per month must be paid from agency funding, if payment is delayed.
As a businessman, I know the problems caused by delays in payments. We must strive, at the state level, to make prompt payments to our vendors. However, this is a matter that does not need to be addressed by legislation. State agencies, as with private businesses in our state, must be left free to deal on the open market without competitive restrictions. There are advantages and disadvantages to dealing with the state, and these are allowed for in the competitive bids of the vendors. As with bills restricting trade, I must similarly veto this legislation.
5494
Veto No. 27--House Bill 464 by Representatives Ware, Wood and Auten
This bill amended certain provisions of the insurance code. Because of a technical defect, the author has requested that I veto this bill.
Veto No. 28--House Bill 199 by Representatives Greer, Adams, Daugherty and others
This legislation would delete the existing requirement that Supreme Court justices and Court of Appeals' judges retire at 70 years of age or else forfeit their retirement benefits. Also included in this measure are Superior Court judges who now must retire at the end of the term of office in which they reach the age of 70 or forfeit retirement benefits.
The mandatory retirement age was implemented for good cause several years ago. While many people in our society can and do maintain fruitful careers past the age of 70, age is nevertheless a limiting factor for others. I do not believe eliminating this requirement is in the best interests of the people of Georgia in the long run. I also contend that this bill is flawed in that it contains no limit on the age to which a judge or Justice may continue to serve. Therefore, I must veto this legislation.
Veto No. 29--House Bill 1163 by Representatives Thomas, Johnson and Bolster
This legislation provides for an exemption to local zoning restrictions to allow day care centers with six or fewer children to be located in residential areas. The intention of this bill is to facilitate the establishment of additional day care centers in residential areas to accommodate the multitude of children who need the service.
Although the purpose of this bill is laudable, the bill itself is unconstitutional in that it attempts to restrict city and county governmental authorities in their zoning power, authority which is not proper for the General Assembly under our State's Constitution. As a result of this fact, I am vetoing this legislation, but at the same time, I am requesting local governments to consider
5495
the intention of the General Assembly in making future decisions regarding zoning questions.
5496
COUNTIES AND SUPERIOR COURT CIRCUIT
m. #
4
APPELLATE COURTS
SUPREME COURT OF GEORGIA As of April 3, 1984
5497
WILLIAM LeROY McMURRAY, JR.
THOMAS O. MARSHALL HAROLD G. CLARKE GEORGE T. SMITH HARDY GREGORY, JR CHARLES L. WELTNER RICHARD BELL
JOLINE BATEMAN WILLIAMS HAZEL E. HALFORD GUY M. MASSEY W. SCOTT HENWOOD
Chief Judge
Presiding Justice Associate Justice Associate Justice Associate Justice Associate Justice Associate Justice
Clerk Deputy Clerk
Reporter Assistant Reporter
COURT OF APPEALS OF GEORGIA As of April 3, 1984
ARNOLD SHULMAN BRASWELL D. DEEN, JR WILLIAM LeROY McMURRAY, JR J. KELLEY QUILLIAN
HAROLD R. BANKE ANDREW W. BIRDSONG, JR GEORGE H. CARLEY JOHN W. SOGNIER MARION T. POPE, JR
ROBERT BENHAM
ALTON HAWK GUY M. MASSEY W. SCOTT HENWOOD
Chief Judge Presiding Judge Presiding Judge Presiding Judge
Presiding Judge Judge Judge Judge Judge
Judge
Clerk Reporter Assistant Reporter
5498
SUPERIOR COURTS JUDGES, DISTRICT ATTORNEYS AND CALENDAR
As of April 3, 1984
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 Atkinson--First Monday in April and October Berrien--First Monday in February and August Clinch--Third Monday in March and September Cook--Second Monday in January and July Lanier--Fourth Monday in April and October
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 Newton--Second and third Mondays in January, April, July and October Walton--First and second Monday in February, May, August and November
APPALACHIAN CIRCUIT.
HONS. BOBBY C. MILAM, Judge, Fannin County Courthouse GEORGE W. WEAVER, D.A., Pickins County Courthouse Fannin--Second Monday in March and November; first Monday in June Gilmer--Second Monday in February and October; first Monday in May Pickens--Second Monday in January, April and September
ATLANTA CIRCUIT.
HONS. OSGOOD 0. WILLIAMS, Chief Judge, Fulton County Courthouse LUTHER ALVERSON, SAM PHILLIPS McKENZIE, JOHN S. LANGFORD, JOEL J. FRYER, RALPH H. HICKS, FRANK M. ELDRIDGE, WILLIAM W. DANIEL, ISAAC JENRETTE, CLARENCE COOPER, PHILIP F. ETHERIDGE, Judges, Fulton County Courthouse LEWIS R. SLATON, D.A., Fulton County Courthouse Fulton--First Monday in January, March, May, July, September and November
5499
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 Bryan--Third Monday in March; first Monday in November Evans--First Monday in February and August Liberty--Third Monday in February and October Long--First Monday in March; third Monday in August McIntosh--Fourth Monday in February and May; second Monday in September; first Monday in December Tattnall: Third Monday in April and October
AUGUSTA CIRCUIT.
HONS. WILLIAM M. FLEMING, JR., Presiding Judge, Richmond County Courthouse FRANKLIN H. PIERCE, ALBERT McELVEEN PICKETT, BERNARD J. MULHERIN, SR., Judges, Richmond County Courthouse SAM B. SIBLEY, JR., D.A., Richmond County Courthouse Burke--Second Monday in May and November Columbia--Fourth Monday in March and September Richmond--Third 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 Cherokee--Second Monday in January, May and September Forsyth--Fourth Monday in March and July; second Monday in November
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 Appling--Second and third Monday in February, third and fourth Monday in October Camden--First Monday in April and November Glynn--Second Monday in January, May and September Jeff Davis--First and second Monday in March, fourth Monday in September; first Monday in October Wayne--Third and fourth Monday in April and November
5500
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 Chattahoochee--Fourth Monday in March and September Harris--Second Monday in January, May and September Marion--Fourth Monday in April and October Muscogee--First Monday in February, April, June, August, October and December Talbot--Second Monday in March and November; third Monday in August Taylor--Second Monday in February, June and October
CHEROKEE CIRCUIT.
HONS. JERE F. WHITE, Chief Judge, Bartow County Courthouse TOM POPE, Judge, Gordon County Courthouse DARRELL WILSON, D.A., Gordon County Courthouse Bartow--First Monday in February and August; fourth Monday in April; third Monday in October Gordon--First 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 Clayton--First 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, HARRIS HINES, Judges, Cobb County Courthouse TOM CHARRON, D.A., Cobb County Courthouse Cobb--Second Monday in January, March, May, July, September and November
CONASAUGA CIRCUIT.
HONS. COY H. TEMPLES, Chief Judge, Whitfield County Courthouse CHARLES A. PANNELL, JR., WILLIAM T. BOYETT, Judges, Whitfield County Courthouse STEPHEN A. WILLIAMS, D.A., Whitfield County Courthouse Murray--Second Monday in February and August Whitfield--Second Monday in January and July
5501
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 Hill--Second and third Monday in January; first and second Monday in April; third and fourth Monday in June; and third and fourth Monday in September and Monday following. Crisp--Third and fourth Monday in February and Monday following; second, third, and fourth Monday in May and November; second and third Monday in August. Dooly--Fourth Monday in January; and Monday following the third and fourth Monday in April, July and October. Wilcox--Second and third Mondays in March; fourth Monday in August and Monday following; first and second Monday in December.
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 Carroll--First Monday in April and October Coweta--First Monday in March; first Tuesday in September Heard--Third Monday in March and September Meriwether--Third Monday in February, May, August and November Troup--First 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 Dougherty--Second 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 Douglas--Third Monday in February, May and August; first Monday in November
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 Johnson--Third Monday in March, June, September and December Laurens--Fourth Monday in January, April, July and October Treutlen--Third Monday in February and August Twiggs--Second Monday in January, April, July and October
5502
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 Chatham--First Monday in March, June, September and December
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 Butts--First and second Monday in February and November; first Monday in May, third and fourth Monday in August Henry--Second, third and fourth Monday in January, April, July and October Lamar--First and second Monday in March, June and December; second and third Monday in September Monroe--Third and fourth Monday in February, May and November; first and second 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 Fayette--First Monday in March; second Monday in September Pike--Third Monday in April and November Spalding--First Monday in February, June and October Upson--Third Monday in March and August; first Monday in November
GWINNETT CIRCUIT.
HONS. REID MERRITT, Chief Judge, Gwinnett County Courthouse HOMER M. STARK, K. DAWSON JACKSON, JAMES ALLEN HENDERSON, Judges, Gwinnett County Courthouse WILLIAM BRYANT HUFF, D.A., Gwinnett County Courthouse Gwinnett--First 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 Houston--First Monday in January, March, May, July, September and November
5503
LOOKOUT MOUNTAIN CIRCUIT.
HONS. JOSEPH E. LOGGINS, Chief Judge, Chatooga County Courthouse GARY B. ANDREWS, Judge, Walker County Courthouse JOSEPH B TUCKER, Judge, Catoosa County Courthouse DAVID L. (RED) LOMENICK, JR., D.A., Walker County Courthouse Catoosa--First Monday in March; second Monday in September Chattooga--First Monday in February and August Dade--First Monday in April; second Monday in October Walker--First Monday in May and November
MACON CIRCUIT.
HONS. C. CLOUD MORGAN, Chief Judge, Bibb County Courthouse WALKER P. JOHNSON, JR., TOMMY DAY WILCOX, Judges, Bibb County Courthouse BRYANT CULPEPPER, Judge, Peach County Courthouse WILLIS B. SPARKS, III, D.A., Bibb County Courthouse Bibb--First Monday in February, April, June, August, October and December Crawford--Third and fourth Monday in March and October Peach--First 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 Candler--First and second Monday in February and August Emanuel--Second Monday in January, April, July and October Jefferson--Second Monday in May and November Toombs--Fourth Monday in February, May, August and November Washington--First Monday in March, June, September and December
MOUNTAIN CIRCUIT.
HONS. JACK N. GUNTER, Presiding Judge, Habersham County Courthouse ROBERT B. STRUBLE, Judge, Stephens County Courthouse V.D. STOCKTON, D.A., Rabun County Courthouse Habersham--First Monday in January and August; fourth Monday in April Rabun--Third Monday in February; fourth Monday in May and October Stephens--Second Monday in January; third Monday in May; first Monday in September Towns--First Monday in April and November Union--Fourth Monday in February; second Monday in September
5504
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 Dawson--First Monday in February and August Hall--First Monday in May and November; second Monday in January, March, July and September Lumpkin--Fourth Monday in February and August White--First Monday in April and October
NORTHERN CIRCUIT.
HONS. WILLIAM F. GRANT, Chief Judge, Elbert County Courthouse GEORGE H. BRYANT, Judge, Hart County Courthouse LINDSAY A. TISE, JR., D.A., Hart County Courthouse Elbert--Third Monday in January; fourth Monday in July Franklin--Third Monday in March and September Hart--Third Monday in February and August Madison--Third Monday in April and October Oglethorpe--Third 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 Baldwin--Second Monday in January, April, July and October Greene--Fourth Monday in January, April, August, and November Hancock--Fourth Monday in March and September; second Monday in June and December Jasper--Second Monday in February, May, August and November Jones--First Monday in February and August; third Monday in April and October Morgan--First Monday in March, June, September and December Putnam--Third Monday in March, June, September and December Wilkinson--First Monday in January, April, July and October
OCONEE CIRCUIT.
HONS. HUGH LAWSON, Chief Judge, Pulaski County Courthouse PHILLIP R. WEST, Judge, Dodge County Courthouse JIM WIGGINS, D.A., Dodge County Courthouse Bleckley--First Monday in March; second Monday in July and November Dodge--Third Monday in February, May, August and November Montgomery--First Monday in February, May, August and November Pulaski--Second and third Monday in March and September; second Monday in June and December Telfair--Fourth Monday in February and June; third and fourth Monday in October Wheeler--Second Monday in February and October; third Monday in June
5505
OGEECHEE CIRCUIT.
HONS. FAYE SANDERS MARTIN, Chief Judge, Bulloch County Courthouse WILLIAM J. NEVILLE, Judge, Bulloch County Courthouse J. LANE JOHNSTON, D.A., Bulloch County Courthouse Bulloch--First Monday in February, May, August and November Effingham--First Monday in June; and December Jenkins--First Monday in March and September Screven--Second Monday in January; first Monday in April, July and October
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 Clay--Third Monday in March and November Early--Third Monday in January and July Miller--Fourth Monday in February and October Quitman--Fourth Monday in March and September Randolph--First Monday in May and November Seminole--Second Monday in April and October Terrell--First Monday in June and December
PIEDMONT CIRCUIT.
HONS. JAMES L. "JIM" BROOKS, Judge, Jackson County Courthouse TIMOTHY GRANT, D.A., Madison, Barrow County Courthouse Banks--First and second Monday in April and October Barrow--First and second Monday in February and August; first Monday in May and November Jackson--First 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 Rockdale--First 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 Floyd--Second Monday in January, March, July and September; first Monday in May and November
5506
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 Baker--Third Monday in January and July Calhoun--Last Monday in May and November Decatur--First Monday in February, May, August and November Grady--Third Monday in March and September Mitchell--Second Monday in January and July; third Monday in April and October
SOUTHERN CIRCUIT.
HONS. GEORGE A. HORKAN, JR., Chief Judge, Colquitt County Courthouse ROY MILLER LILLY, Judge, Thomas County Courthouse H. ARTHUR McLANE, Judge, Lowndes County Courthouse H. LAMAR COLE, D.A., Lowndes County Courthouse Brooks--First Monday in April and November Colquitt--First Monday in February and August Echols--First Monday in February and August Lowndes--First Monday in March and the first Tuesday immediately following the first Monday in September Thomas--First 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 Lee--Fourth Monday in April and October Macon--Second Monday in May and November Schley--Second Monday in February and August Stewart--Second Monday in January and July Sumter--Fourth Monday in February, May and August; Monday following the fourth Thursday in November Webster--Fourth 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 DeKalb--First 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 Haralson--Second Monday in April and September; first Monday in December Paulding--First Monday in February; third Monday in May and October Polk--Second Monday in January; fourth Monday in April and September
5507
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 Irwin--Third and fourth Monday in February; second and third Monday in May and November Tift--First Monday in March and September; first and second Monday in June and December Turner--Second and third Monday in January and July; second Monday in April and October Worth--Fourth 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 Glascock--Third Monday in February, May, August and November Lincoln--Fourth Monday in January, April, July and October McDuffie--Second Monday in March, June, September and December Taliaferro--Fourth Monday in February, May, August and November Warren--Third Monday in January; first Monday in April, July and October Wilkes--First Monday in February, May, August and November
WAYCROSS CIRCUIT.
HONS. ELIE L. HOLTON, Chief Judge, Coffee County Courthouse CLARENCE D. BLOUNT, JOSEPH B. NEWTON, Judges, Courthouse DONNIE DIXON, D.A., Ware County Courthouse Bacon--Fourth Monday in May and November Brantley--First Monday in February; first Tuesday in September Charlton--Fourth Monday in February and September Coffee--Third Monday in March and October Pierce--First Monday in May; second Monday in December Ware--Second Monday in April and November
Ware
County
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 Clarke--Second Monday in January, April, July and October Oconee--Second Monday in March and September
5508
INDEX
TABULAR INDEX
PROPOSED AMENDMENTS TO THE CONSTITUTION
Appointment of State School Superintendent Certain Local Laws Required to be Approved by Referendum Community Improvement Districts, Creation Authorized Disabled Veterans Homestead Exemption Discipline, Removal and Involuntary Retirement of Judges General Assembly Authorized to Revise Pension and Retirement Laws General Obligation Debt for Library Facilities Governors' Retirement Benefits Based on Involuntary Separation Limited Preferential Assessment of Agricultural Land; Classes of Persons Entitled Suspension of Certain Public Officials Upon Being Indicted For a Felony
1716 1709 1703 1707 1722 1726 1713 1714 1711 1719
OFFICIAL CODE OF GEORGIA ANNOTATED
Code Revision Amendment Code Section 1-4-1; amended Code Title 2, Chapter 2; amended Code Section 2-3-5; amended Code Title 2, Chapter 7; amended Code Section 2-7-102; amended Code Title 3, Chapter 3; amended Code Section 3-3-7; amended Code Section 3-3-20; amended Code Title 3, Chapter 5; amended Code Chapter 3-6; amended Code Title 3, Chapter 6; amended Code Section 4-4-113; amended Code Section 4-10-7.1; enacted Code Section 4-10-7.2; enacted Code Section 5-5-47; amended Code Title 5, Chapter 6; amended Code Section 5-6-45; amended Code Title 7, Chapter 1; amended Code Title 7, Chapter 1; amended Code Title 7, Chapter 2; amended Code Title 7, Chapter 4; amended Code Title 8, Chapter 2; amended Code Sections 8-2-70 through 8-2-75; repealed Code Sections 8-2-200 through 8-2-222; enacted Code Title 8, Chapter 3; amended Code Title 9, Chapter 2; amended Code Section 9-3-90; amended Code Section 9-10-34; enacted Code Section 9-10-72; amended Code Title 9, Chapter 11; amended Code Section 9-12-60; amended Code Title 10, Chapter 1; amended Code Section 10-1-234; amended Code Section 10-1-393; amended
22 1274 1152 898 1021 890 790 1683, 1685, 1691 1688 790
375 1142 389 1216 1216 415 599 413 949 1467
952 949 1244 1227 1160 1374 697 680 H49 966 697 912 622 1679 463
INDEX
Code Section 10-1-404; amended Code Section 10-1-451; amended Code Title 10, Chapter 5; amended Code Title 12; amended Code Section 12-3-10; amended Code Section 12-3-193; amended Code Section 12-3-233; amended Code Section 12-3-339; amended Code Chapter 12-4; amended Code Title 12, Chapter 5; amended Code Section 12-5-179; amended Code Section 12-6-63; amended Code Section 12-8-122; amended Code Title 14, Chapter 2; amended Code Section 14-2-63; amended Code Title 14, Chapter 8; amended Code Section 14-17-31; amended Code Section 15-5-50; enacted Code Section 15-6-2; amended Code Section 15-6-3; amended Code Section 15-6-28.1; amended Code Section 15-6-77.2; amended Code Section 15-6-77.3; enacted Code Section 15-6-88; amended Code Section 15-6-89; amended Code Section 15-7-24; amended Code Section 15-9-86.1; enacted Code Title 15, Chapter 10; amended Code Section 15-10-20; amended Code Title 15, Chapter 11; amended Code Section 15-11-35; amended Code Section 15-11-57; amended Code Title 15, Chapter 12; amended Code Section 15-12-7; amended Code Title 15, Chapter 16; amended Code Section 15-16-1; amended Code Section 15-16-20; amended Code Section 15-16-26; amended Code Section 15-16-28; enacted Code Title 15, Chapter 18; amended Code Title 15, Chapter 21; amended Code Title 16, Chapter 5; amended Code Section 16-5-3; amended Code Title 16, Chapter 6; amended Code Section 16-6-4; amended Code Section 16-7-44; amended Code Title 16, Chapter 8; amended Code Section 16-9-20; amended Code Section 16-11-129; amended Code Title 16, Chapter 12; amended Code Title 16, Chapter 13; amended
5509
441 944 529 404 374 501 430 841 398 454 1074 445 876 514 1319 1439 504 1149 434, 451, 469, 472 331, 351, 439, 440, 498 702 500 617 589 436 388 970 1096 442 565, 794 894 562 1697 616 783 579, 1369 519 1279 536 842, 1182 842 900 397 1495 685 1489 900 1435 935, 1388 1495 1019
5510
INDEX
Code Title 17, Chapter 6; amended
760
Code Section 17-6-l(e); enacted
679
Code Title 17, Chapter 10; amended
760
Code Section 17-10-1; amended
894
Code Title 17, Chapter 12; amended, Article 4; enacted
495
Code Chapter 18-4; amended
370
Code Section 18-4-23; amended
1319
Code Section 19-2-4; amended
612
Code Section 19-3-30; amended
1192
Code Section 19-6-19; amended
606
Code Section 19-8-18; amended
1433
Code Section 19-ll-8(c); repealed
567
Code Section 19-11-42; amended
613
Code Section 19-11-61; amended
387
Code Section 19-13-3; amended
542
Code Title 20, Chapter 2; amended
908, 1201, 1266, 1692
Code Section 20-2-54.1; enacted
641
Code Section 20-2-151; amended
643
Code Section 20-2-520; amended
373
Code Section 20-2-833; enacted
127
Code Title 20, Chapter 3; amended
121
Code Section 20-3-69; repealed
657
Code Section 20-4-100; enacted
571
Code Title 20, Chapter 5; amended
1005
Code Section 20-8-1; amended
596
Code Section 20-11-7; enacted
1675
Code Title 21; amended
133
Code Section 21-1-2; amended
1111
Code Title 21, Chapter 2; amended
1, 565, 637, 674, 675, 677, 922, 1038, 1087, 1372, 1490
Code Section 21-2-2; amended
696
Code Section 21-2-5; amended
636
Code Section 21-2-45; enacted
680
Code Section 21-2-132; amended
180
Code Section 21-2-218; amended
635, 1430
Code Section 21-2-234; amended
694
Code Title 21, Chapter 3; amended
1, 661, 674, 675, 677, 922, 1038, 1087, 1372, 1490
Code Section 21-3-10; amended
826
Code Section 21-3-34; amended
1376
Code Section 21-3-133; amended
860
Code Section 21-3-405; amended
634
Code Title 21, Chapter 5; amended
164
Code Section 21-5-5; amended
1199
Code Title 22, Chapter 2; amended
982
Code Section 24-19-27; amended
964
Code Title 25, Chapter 2; amended
1160
Code Title 25, Chapter 3; amended
1000
Code Title 25, Chapter 11; amended
824
Code Title 27; amended
404, 537
Code Title 27, Chapters 2 and 3; amended
568
INDEX
Code Section 27-2-25.1; enacted Code Title 27, Chapter 3; amended Code Section 27-3-1; amended Code Chapter 27-4; amended Code Section 27-4-112; amended Code Section 28-1-2; amended Code Section 28-2-1; amended Code Section- 28-2-2; amended Code Section 28-3-20; amended Code Chapter 28-4; amended Code Title 28, Chapter 5; amended Code Section 28-8-1; amended Code Section 29-2-4; amended Code Section 29-2-84; amended Code Section 30-2-3; amended Code Title 30, Chapter 3; amended Code Title 30, Chapter 5; amended Code Title 31, Chapter 3; amended Code Section 31-1-6; enacted Code Title 31, Chapter 7; amended Code Section 31-7-7; amended Code Section 31-7-11; amended Code Section 31-7-11; enacted Code Section 31-7-74; amended Code Section 31-7-131; amended Code Title 31, Chapter 8; amended Code Section 31-10-13; amended Code Section 31-13-15; amended Code Title 31, Chapter 31; amended Code Title 31, Chapter 32; enacted Code Title 32, Chapter 6; amended Code Title 33; amended Code Section 33-7-11; amended Code Title 33, Chapter 8; amended Code Title 33, Chapter 22; amended Code Title 33, Chapter 24; amended Code Section 33-24-28.1; amended Code Title 33, Chapter 34; amended Code Section 33-34-3; amended Code Section 33-34-10; amended Code Title 34, Chapter 2; amended Code Section 34-4-3; amended Code Title 34, Chapter 8; amended Code Title 34, Chapter 9; amended Code Section 34-9-2.2; enacted Code Section 34-10-16; amended Code Title 34, Chapter 11; enacted Code Title 35, Chapter 1; amended Code Section 35-1-4; amended Code Section 35-2-43; amended
5511
549 802 546 416 801 602 1071 394 656 359 608 431 974 937, 1321 . 1017 1255 785 1325 1034 585, 1654 967 649 778 874 699 1389 1015 1428 1223 1477, 1680 621 1080 839 1284, 1294 1345 1345 777 1221, 1333 516 697 1152 1324 861 816 1218 393 1227 690 632 895
5512
INDEX
Code Title 35, Chapter 3; amended Code Section 35-8-20; enacted Code Section 36-1-2; amended Code Section 36-1-15; amended Code Section 36-1-20; enacted Code Title 36, Chapter 19; enacted Code Section 36-36-22.1; enacted Code Section 36-41-4; amended Code Section 36-42-9; repealed Code Section 36-60-11; enacted Code Title 36, Chapter 63; amended Code Title 36, Chapter 81; amended Code Title 36, Chapter 82; amended Code Section 36-82-160; enacted Code Section 37-3-102; amended Code Section 37-7-166; amended Code Title 37, Chapter 9; amended Code Title 40, Chapter 2; amended Code Section 40-2-20; amended Code Section 40-2-25; amended Code Section 40-2-29.2; enacted Code Section 40-2-71.1; amended Code Section 40-2-73; amended Code Title 40, Chapter 3; amended Code Section 40-3-2; amended Code Title 40, Chapter 5; amended Code Section 40-5-26; amended Code Section 40-5-52; amended Code Section 40-5-100; amended Code Title 40, Chapter 6; amended Code Title 40, Chapter 8; amended Code Section 40-8-73.1; amended Code Section 40-8-90; amended Code Title 40, Chapter 11; amended Code Section 40-13-32; enacted Code Section 40-14-1; amended Code Title 40, Chapter 15; enacted Code Section 42-2-9; amended Code Title 42, Chapter 5; amended Code Section 42-5-18; amended Code Section 42-5-36; amended l-...... ; Code Section 42-5-51; amended Code Section 42-5-60; amended Code Chapter 42-8; amended Code Section 42-8-35.1; amended Code Section 42-8-36; amended Code Section 42-8-71; amended Code Title 42, Chapter 9; amended Code Section 42-9-42; amended Code Title 43, Chapter 1; amended Code Section 43-1-5; amended
690 1210 131 505 1086 1337 976 337 941 1432 1694 818 1362 941 756 594 968 1199, 1329 603
609 1677 423 433 1194 781 797, 1329 1070 614 1674 1263, 1329 1329 1211 1192 548 1144 502 646 940 639 593 1361 604 651 367 446 1617 692 689 776 652 704
INDEX
Code Chapter 43-4; amended Code Section 43-4-11; amended Code Title 43, Chapter 6; amended Code Section 43-6-26; amended Code Title 43, Chapter 7A; enacted Code Title 43, Chapter 9; amended Code Section 43-10-14; amended Code Title 43, Chapter 11A; enacted Code Title 43, Chapter 14; amended Code Title 43, Chapter 15; amended Code Title 43, Chapter 18; amended Code Title 43, Chapter 20; amended Code Title 43, Chapter 21; amended Code Title 43, Chapter 29; amended Code Title 43, Chapter 34; amended Code Section 43-34-21; amended Code Section 43-34-103; amended Code Title 43, Chapter 38; amended Code Title 43, Chapter 39; amended Code Title 43, Chapter 40; amended Code Section 43-41-20; amended Code Section 43-42-2; amended Code Section 43-42-7; amended Code Section 43-48-3; amended Code Section 43-50-52; amended Code Title 44, Chapter 2; amended Code Title 44, Chapter 5; amended Code Section 44-5-142; amended Code Title 44, Chapter 6; amended Code Section 44-6-90; enacted Code Title 44, Chapter 7; amended Code Section 44-7-19; enacted Code Section 44-7-56; amended Code Title 44, Chapter 12; amended Code Section 44-12-199; amended Code Title 44, Chapter 14; amended Code Section 44-14-65; repealed Code Section 44-14-363; amended Code Title 44, Chapter 15; enacted Code Title 45, Chapter 3; amended Code Section 45-5-6; amended Code Chapter 45-7; amended Code Section 45-7-4; amended Code Section 45-7-4; amended Code Section 45-7-72; amended Code Title 45, Chapter 9; amended Code Title 45, Chapter 10; amended Code Section 45-10-24; amended Code Section 45-10-25; amended Code Section 45-10-60; enacted Code Chapter 45-12; amended
5513
448 595 1084 438 1406 913 581 1377 1129 1146 511 1119 924 513 1067 1465 611 1338 503 844 . 452 425 647 535 544 1335 1124 1036 1335 792 892 1079 859 575 517 572, 892 132 561 831 565 1279 427 444 717, 808 851 762 1196 1122 1204 619 359
5514
INDEX
Code Section 45-14-10; repealed Code Section 45-15-30; amended Code Title 45, Chapter 16; amended Code Title 45, Chapter 17; amended Code Section 45-18-5.2; enacted Code Section 45-18-7.1; enacted Code Chapter 45-20; amended Code Section 45-20-2; amended Code Section 45-20-15; amended Code Section 45-20-31; enacted Code Title 46, Chapter 1; amended Code Title 46, Chapter 5; amended Code Section 46-5-131; enacted Code Title 46, Chapter 7; amended Code Title 46, Chapter 9; amended Code Title 47; amended Code Section 47-1-8; enacted Code Title 47, Chapter 2; amended Code Section 47-2-110; amended Code Section 47-2-123.1; enacted Code Title 47, Chapter 3; amended Code Section 47-3-21; amended Code Section 47-4-22; amended Code Title 47, Chapter 5; amended Code Title 47, Chapter 7; amended Code Section 47-7-20; amended Code Title 47, Chapter 10; amended Code Section 47-11-20; amended Code Section 47-14-20; amended Code Section 47-16-21; amended Code Title 47, Chapter 17; amended Code Section 47-17-20; amended Code Title 48; amended Code Title 48, Chapter 1; amended Code Section 48-3-12; amended Code Section 48-4-2; amended Code Section 48-4-22; enacted Code Section 48-4-42; amended Code Title 48, Chapter 5; amended Code Section 48-5-7.1; amended Code Section 48-5-41; amended Code Section 48-5-48.1; amended Code Section 48-5-52; amended Code Section 48-5-141; amended Code Section 48-5-220; amended Code Section 48-5-350; amended Code Section 48-5-470.1; enacted Code Section 48-6-2; amended Code Title 48, Chapter 7; amended Code Section 48-7-29.2; enacted Code Section 48-7-57.1; enacted
1152 1359 812 1105 :. 720 543 427 467 583 907 1394 1152 652 1394
693 810 758 1296 1487 1309 990, 998, 1314 1155 827 1041 990 828 1179 932 929 507 996 926 352 1323 948 659 904 1016 1058 686 520, 1253 1371 1497 062 307 305 788 036 1323* 1644 715 357
INDEX
Code Section 48-8-3; amended Code Section 48-10-2; amended Code Section 48-13-5; amended Code Section 48-14-3; amended Code Section 49-4-101; amended Code Section 49-4-142; amended Code Title 49, Chapter 5; amended Code Section. 49-10-2; amended Code Section 50-5-142; amended Code Section 50-6-26; amended Code Title 50, Chapter 8; amended Code Section 50-8-2; amended Code Section 50-8-4; amended Code Section 50-10-3; amended Code Chapter 50-12; amended Code Section 50-13-4; amended Code Section 50-19-1; amended Code Title 50, Chapter 22; enacted Code Section 52-7-8; amended Code Section 52-7-13; amended Code Section 53-1-4; enacted Code Title 53, Chapter 2; amended Code Title 53, Chapter 3; amended Code Section 53-3-11; amended Code Section 53-3-12; amended Code Title 53, Chapter 6; amended Code Section 53-7-140; amended Code Section 53-8-34; amended Code Section 53-10-2; amended
Compensation of Justices
COURTS SUPREME COURT
Compensation of Judges
COURT OF APPEALS
SUPERIOR COURTS
Atlanta Circuit; additional judge Berrien County; mode of compensating clerk changed Bleckley County; compensation of clerk Brooks County; method of compensating clerk changed Bulloch County; compensation of clerk's employees Butts County; compensation of clerk Catoosa County; clerk's office; allowance for clerical help Chatham County; clerk to serve as clerk of Probate Court Chattahoochee Circuit; assistant district attorney, maximum compensation
5515
1466 896 591 818 1426 1847 1397 365 903 1994 853 1V11 378 420 381 1219 1077 1848 1203 422 1936 834 834 681 658 937 937 974 937
444
444
451 4168 4071 3724 4017 4005 4494 4438 711
5516
INDEX
Chattahoochee Circuit; judges' salary supplement by Muscogee County
4157
Chattahoochee Circuit; salary supplement of district attorney by Columbus-
Muscogee County
713
Clayton Circuit; number of judges increased
469
Clayton County; compensation of sheriff, clerk and deputy clerk
4210
Clerks; costs in certain counties (450,000 or more)
500
Clerks; fees in certain counties (350,000 or more)
617
Clerks; minimum annual salary
589
Clerks; minimum compensation of certain clerks changed
436
Cobb Circuit; investigators, appointment and compensation
348
Cobb Circuit; number of assistant district attorneys increased
5188
Cobb Circuit; number of judges, compensation and expense allowances
434
District Attorneys; duty to collect fines and forfeitures; law repealed
842
Douglas Circuit terms
498
Flint Circuit; county supplements to salaries of judges, district attorney and
chief assistant
705
Floyd County; compensation of clerk, periodic increases
4402
Gilmer Superior Court; terms changed
331
Gwinnett County; supplemental compensation for judges
3868
Houston Circuit; number of judges increased
472
Jones County; clerk, method of compensating changed
3740
Lamar County; mode of compensating clerk changed
3904
Law Clerks authorized in certain circuits
702
Lincoln County; terms changed
351
Macon Circuit; salary supplements of judges and district attorney
343
McDuffie County; clerk, compensation
4527
McIntosh County; grand juries, drawing and length of terms
4054
Muscogee County; compensation of clerk and chief deputy clerk
4314
Muscogee County; salary supplement of judges
4157
Rockdale County; compensation of clerk
4152
Salaries and fees; judges and district attorneys
808
Sheriffs; minimum annual salaries; additional compensation for certain services... 783
Southern Circuit; county supplements to judges' salaries
852
South Georgia Circuit; supplemental compensation of judges
983
Southwestern Circuit; Stewart County terms changed
440
Southwestern Circuit; terms of Webster Superior Court changed
439
Tallapoosa Circuit; district attorney's supplemental expense allowance
339
Walker County; maximum compensation of clerk's office personnel
5186
Webster County; terms changed
439
Western Circuit; county supplements to judges' compensation, additional judge ... 723
White County; clerk, manner of compensating changed
4497
Wilcox County; manner of compensating clerk changed
4141
Wilkinson County; manner of compensating clerk changed
3983
JUVENILE COURTS
Cobb County; compensation of judge
4364
Judges, appointment, commissioning by Secretary of State
565
Protective Orders
562
INDEX
5517
PROBATE COURTS
Bleckley County; compensation of judge Bulloch County; compensation of clerk Chatham County; act relating to compensation of clerk repealed Clayton County; appeals, jury trials, etc Clayton County; compensation of judge Cobb County; additional deputy clerk Cobb County; compensation of clerk changed Gilmer County; salary of judge changed Jones County; compensation of judge and court personnel Minimum compensation of probate judges serving as chief magistrate Muscogee County; compensation of judge Orders setting date for response to petitions; granting petitions without hearing Richmond County; certain restrictions on judge emeritus removed Rockdale County; compensation of judge Towns County; judge's operating expenses subject to approval of governing
authority Union County; compensation and allowances of judge Walker County; maximum compensation of personnel changed Wilkinson County; salaries of judge and employees, periodic increases
4057 4020 4438 5268 4180 4385 3846 3969 4083 442 4316 . 970 4242 4035
4125 4705 5236 5233
STATE COURTS
Bacon County; court created, terms, practice, procedure, etc Baldwin County; compensation of judge and solicitor Burke County; expense allowance of solicitor Chatham County; appointment of clerk provided for Chatham County; position of sheriff abolished Chattooga County; act creating amended Clayton County; authority and duties of clerk and deputy clerks Clayton County; compensation of judges Clayton County; solicitor, restrictions on private practice, salary Cobb County; compensation of judge Cobb County; second division created DeKalb County; additional assistant solicitor Fulton County; office of chief clerk created Glynn County; compensation of clerk Gwinnett County; compensation of judges changed Jeff Davis County; court created, jurisdiction, procedure, etc Jefferson County; compensation of judge and solicitor, terms of court Johnson County; state court abolished Muscogee County; compensation of judge, solicitor and assistant solicitor Solicitors, legal experience qualifications changed Spalding County; compensation of judge and solicitor Tattnall County; compensation of clerical assistant to solicitor Troup County; compensation of judge and solicitor Troup County; drawing, summoning and impaneling jurors
5191 3817 3755 3862 4175 4488 4177 4306 4182 4387 4256 4343 4052 3542 3875 5257 3911 4164 4447 388 4201 3990 3962 4047
5518
INDEX
SMALL CLAIMS COURTS
Troup County; salary of judge
3960
MAGISTRATE COURTS
Bryan County; manner of appointment of magistrates
4162
Butts County; manner of appointing magistrates, compensation
4308
Calhoun County; probate judge designated chief magistrate
3880
Candler County; manner of appointment of magistrates
4199
Chatham County; election of chief magistrate, etc
4422
Chattooga County; probate judge designated chief magistrate
4198
Clarke County; qualifications, salary of chief magistrate
3649
Clayton County; manner of appointing chief magistrate, etc
4411
Colquitt County; manner of appointment and term of chief magistrate
4190
Cook County; judge of probate court designated chief magistrate
4090
Dodge County; manner of appointment and term of chief magistrate
4196
Dooly County; manner of selecting chief magistrate
3864
Dougherty County; terms of magistrates
4694
Douglas County; provisions for practice, procedure, etc
3952
Early County; probate judge designated chief magistrate
4645
Echols County; judge of probate court designated chief magistrate
3727
Evans County; manner of appointment of chief magistrate
3882
Forsyth County; probate judge designated chief magistrate, etc
4293
Fulton County; appointment of part-time magistrates
4952
Greene County; probate judge designated chief magistrate
4633
Habersham County; costs to include law library fees
4647
Hancock County; appointment of chief magistrate
3805
Houston County; selection and compensation of magistrates
3652
Jasper County; appointment, compensation, etc. of chief magistrate
3785
Jefferson County; appointment of magistrates provided for
3917
Jenkins County; chief magistrate, how appointed
4111
Johnson County; manner of selecting chief magistrate
4006
Lamar County; appointment of magistrates
4561
Laurens County; election of chief magistrate, qualifications, etc
4638
Law amended
1096
Liberty County; manner of selecting magistrates changed
3770
Long County; manner of appointment of chief magistrate
4696
Lumpkin County; term of office of chief magistrate, election of successor
3777
Marion County; probate judge designated chief magistrate
4605
McDuffie County; appointment of chief magistrate, etc
4524
Miller County; probate judge designated chief magistrate
4529
Minimum compensation of probate judges serving as chief magistrate
442
Montgomery County; probate judge designated chief magistrate,
compensation, etc
4379
Morgan County; appointment of constables, law library fees
4398
Murray County; selection of magistrates, compensation
4061
Muscogee County; judge of municipal court of Columbus and Muscogee County
designated chief magistrate
4109
Newton County; probate judge designated chief magistrate, etc.
5132
Oconee County; judge of probate court designated chief magistrate
4043
INDEX
5519
Pulaski County; appointment of chief magistrate, terms of office, etc
4100
Putnam County; appointment of chief magistrate provided for
3788
Quitman County; probate judge designated chief magistrate
3978
Randolph County; appointment, terms and compensation of magistrates
3638
Richmond County; provisions for court
4467
Seminole County; judge of probate court designated chief magistrate
3834
Spalding County; costs, practice and procedure
4531
Talbot County; probate judge designated chief magistrate
4709
Taliaferro County; judge of probate court designated chief magistrate
4264
Toombs County; chief magistrate, how appointed
4113
Towns County; probate judge designated chief magistrate
4139
Treutlen County; probate judge designated chief magistrate
4114
Union County; probate judge designated chief magistrate
4287
Walton County; judge of probate court designated chief magistrate
3901
Warren County; appointment and compensation of chief magistrate and clerk ... 4362
Webster County; provisions made for court
4451
Wheeler County; probate judge designated chief magistrate
3992
Whitfield County; election and terms of chief magistrate, etc
4159
Wilcox County; appointment of chief magistrate
4098
Wilkes County; appointment, compensation and duties of chief magistrate
4559
Wilkinson County; probate judge designated chief magistrate
3980
MUNICIPAL, RECORDERS AND POLICE COURTS
Alpharetta, City of; municipal court, salary of judge
4338
Chatham County; recorder's court terms
.... 4087
Chatsworth, City of; recorder's court established
4298
Columbus, Georgia; recorder's court, appointment of clerks and clerks
pro tempore
4059
Columbus, Georgia; municipal court, compensation of judge, clerk and marshal .. 4491
Loganville, City of; maximum fining and forfeiture authority of recorder,
qualifications
5253
Milledgeville, City of; "police court" changed to "municipal court," provision for
deputy recorder
4250
Rochelle, City of; punishment permitted to be imposed
5135
Savannah, City of; municipal court abolished
4422
Statesboro, City of; residency of recorder
4649
Tallulah Falls, Town of; maximum punishment by municipal court
4690
COUNTIES AND COUNTY MATTERS
NAMED COUNTIES
Bacon County; board of commissioners, commissioner districts, etc
4661
Bacon County; state court created, terms, practice, procedure, etc
5191
Baker County; board of education, compensation of chairman and members
4050
Baldwin County; election of commissioners from districts, terms of office
3675
Baldwin County; state court, compensation of judge and solicitor
3817
Barrow County; board of commissioners, compensation of chairman
4702
Ben Hill County; board of commissioners, election, compensation,
etc. of members
3887
5520
INDEX
Berrien County; act creating board of commissioners amended, referendum
4823
Berrien County; superior court, mode of compensating clerk changed
4168
Bibb County; civil court jurisdiction changed
3877
Bibb County; land conveyance to board of commissioners
332
Bleckley County; compensation of commissioner changed
3955
Bleckley County; compensation of sheriff
3942
Bleckley County; compensation of tax commissioner
3944
Bleckley County; probate court, compensation of judge
4057
Bleckley County; superior court, compensation of clerk
4071
Brooks County; board of commissioners, membership, election districts, etc
3680
Brooks County; board of education, election districts, etc
3717
Brooks County; superior court, method of compensating clerk changed
3724
Bryan County; magistrate court, manner of appointment of magistrates
4162
Bulloch County; compensation of clerks of commissioners
4022
Bulloch County; compensation of tax commissioner's assistants
4015
Bulloch County; constitutional amendment authorizing use of local sales tax by
school system continued
4013
Bulloch County; probate court, compensation of clerk
4020
Bulloch County; sheriff's deputies and office clerk, compensation
4150
Bulloch County; superior court, compensation of clerk's employees
4017
Burke County; board of commissioners, compensation of members
4400
Burke County; expense allowance of state court solicitor
3755
Butts County; magistrate court, manner of appointing magistrates,
compensation
4308
Butts County; office of treasurer abolished, referendum
3588
Butts County; superior court clerk, compensation
4005
Calhoun County; magistrate court, probate judge designated chief magistrate .... 3880
Camden County; homestead exemptions for persons 62 and older, referendum ... 3848
Candler County; magistrate court, manner of appointment of magistrates
4199
Carroll County; compensation of coroner changed
3871
Catoosa County; additional homestead exemption from school taxes (residents 62
and over), referendum
4321
Catoosa County; board of utilities commissioners, jurisdiction and powers
4359
Catoosa County; compensation and allowances of commissioner and certain
personnel
4002
Catoosa County; superior court clerk's office, allowance for clerical help
4494
Catoosa County; tax commissioner, compensation and amount payable for help .. 4371
Charlton County; board of commissioners authorized to fix their compensation,
limitation
4393
Chatham County; board of elections created, qualifications of members, etc
5197
Chatham County; laws relative to governing authority revised
5050
Chatham County; magistrate court, election of chief magistrate, etc
4422
Chatham County; probate court, act relating to compensation of clerk repealed .. 4438
Chatham County; recorder's court, terms
4087
Chatham County; state court, appointment of clerk provided for
3862
Chatham County; state court, position of sheriff abolished
4175
Chattooga County; magistrate court, probate judge designated chief magistrate .. 4198
Chattooga County; state court, act creating amended
4488
Cherokee County; superintendent of schools, appointment by board of education,
referendum
3580
Clarke County; board of elections and registration created
3946
INDEX
5521
Clarke County; qualifications, salary of chief magistrate
3649
Clayton County; board of commissioners, compensation of chairman
4184
Clayton County; board of education, compensation of members
4413
Clayton County; compensation of tax commissioner and deputy tax
commissioner
4516
Clayton County; magistrate court, manner of appointing chief magistrate, etc. . .. 4411
Clayton County; probate court, appeals, jury trials, etc
5268
Clayton County; probate court, compensation of judge
4180
Clayton County; state court, authority and duties of clerk and deputy clerks .... 4177
Clayton County; state court, compensation of judges
4306
Clayton County; state court solicitor, restrictions on private practice, salary
4182
Clayton County; superior court, compensation of sheriff, clerk and deputy clerk . 4210
Cobb County; cobb county-marietta water authority, composition of
members, etc
4345
Cobb County; cobb county stadium authority act enacted
4727
Cobb County; juvenile court, compensation of judge
4364
Cobb County; probate court, additional deputy clerk
4385
Cobb County; probate court, compensation of clerk changed
3846
Cobb County; school district, compensation of chairman and members of board . 3819
Cobb County; state court, compensation of judge
4387
Cobb County; state court, second division created
4256
Cobb County; superior court, number of assistant district attorneys increased ... 5188
Coffee County; board of education, compensation of members
4483
Colquitt County; magistrate court, manner of appointment and term of chief
magistrate
4190
Columbia County; penalties for violation of ordinances authorized
4000
Columbia County; school district, additional homestead exemption for persons
over 62, referendum
4609
Columbia County; tax commissioner, compensation changed
4478
Cook County; board of commissioners, composition of election districts
3939
Cook County; magistrate court, judge of probate court designated chief
magistrate
4090
Coweta County; board of education, composition, election and terms of members,
referendum
3704
Coweta County; road districts changed, election of commissioners
3694
Crisp County; board of commissioners, compensation of members
4067
Crisp County; commissioners, number, election districts, etc., referendum
4352
Dade County; board of commissioners created, referendum
3564
Dade County; board of education, election of members, etc., referendum
3575
Decatur County; board of commissioners, act creating amended
4426
DeKalb County; board of commissioners, effect of member qualifying to run
for other elective office
4916
DeKalb County; board of commissioners, resignation of member to run for other
elective office
4675
DeKalb County; board of education, non-partisan election of members,
procedures
4192
DeKalb County; recorder's court and magistrate court study commission created. 5048
DeKalb County; state court, additional assistant solicitor
4343
Dodge County; magistrate court, manner of appointment and term of chief
magistrate
4196
Dodge County; provision for appointed school superintendent, referendum
3531
5522
INDEX
Dooly County; magistrate court, manner of selecting chief magistrate
3864
Dougherty County; magistrate court, terms of magistrates
4694
Douglas County; board of commissioners, compensation of chairman
4069
Douglas County; board of elections created
5270
Douglas County; coroner, compensation changed
3790
Douglas County; provisions for magistrate court, practice, procedure, etc
3952
Early County; magistrate court, probate judge designated chief magistrate
4645
Echols County; magistrate court, judge of probate court designated chief
magistrate
3727
Emanuel County; board of commissioners, election of members, powers, duties and
procedures of board
3822
Emanuel County; board of education, composition of election districts changed .. 5202
Emanuel County; compensation of tax commissioner
4254
Evans County; magistrate court, manner of appointment of chief magistrate
3882
Fayette County; coroner, compensation
4045
Floyd County; approval of governing authority of salaries of certain officials
4340
Floyd County; board of commissioners, salaries of members
4374
Floyd County; superior court, compensation of clerk, periodic increases
4402
Floyd County; tax commissioner, compensation of commissioner and of chief
deputy
4405
Forsyth County; authorized to impose business and occupational license taxes,
referendum
4144
Forsyth County; magistrate court, probate judge designated chief magistrate,
etc
4293
Fulton County; authorized to levy and collect business and occupational license
taxes
4148
Fulton County; board of education, election of members, education districts,
referendum
3591
Fulton County; constitutional amendment relating to tax exemption of certain
cabbagetown properties continued
4595
Fulton County; county-wide library system, composition of board of trustees,
etc
4711
Fulton County; magistrate court, appointment of part-time magistrates
4952
Fulton County; pension board of county school employees, method of selecting
members, etc
4455
Fulton County; state court, office of chief clerk created
4052
Gilmer County; compensation of commissioner
5130
Gilmer County; gilmer county water and sewerage authority act enacted
5215
Gilmer County; probate court, salary of judge changed
3969
Gilmer County; terms of superior court changed
331
Glynn County; board of commissioners, erroneous description of election districts
corrected
4442
Glynn County; brunswick-glynn county charter commission, time to complete
work extended
5205
Glynn County; clerk of state court, compensation
3542
Gordon County; board of education, composition of board posts
3899
Gordon County; composition of commissioner districts
3896
Grady County; board of commissioners, election districts reapportioned,
qualifications of members, etc
4026
Grady County; board of education, compensation of members
4024
Grady County; board of education, single-member election districts
4679
INDEX
5523
Greene County; board of commissioners, election of members, terms, etc
4628
Greene County; compensation of certain personnel changed
4685
Greene County; magistrate court, probate judge designated chief magistrate
4633
Greene County; tax receiver, compensation of clerical help
4303
Gwinnett County; board of education, certain education districts changed
4435
Gwinnett County; state court, compensation of judges changed
3875
Gwinnett County; superior court, supplemental compensation for judges
3868
Habersham County; commissioners, election, terms of office, referendum
3671
Habersham County; constitutional amendment relating to imposition of alcoholic
beverage tax continued
4173
Habersham County; constitutional amendment relating to sales and use tax for
educational purposes continued
4123
Habersham County; magistrate court costs to include law library fees
4647
Hancock County; appointment of chief magistrate
3805
Hancock County; chairman of board of commissioners as full-time county
administrator
3814
Harris County; board of commissioners, election districts, etc
3534
Harris County; board of education, competitive bidding on purchases over
$1500.00
4349
Harris County; board of education, districts, terms, qualifications of members,
referendum
3608
Harris County; board of education, election districts, terms, qualifications of
members, referendum
3523
Harris County; harris county airport authority act enacted
5239
Harris County; homestead exemptions, referendum
3766
Harris County; license fees, assessment and collection authorized
4323
Heard County; franklin-heard county water authority act enacted
4613
Henry County; board of commissioners, commissioner districts changed
4415
Henry County; compensation for certain officials, provisions for employees
4698
Houston County; houston county water and sewer study commission created,
appointment and qualifications of members, functions of commission
5210
Houston County; selection and compensation of magistrates
3652
Jasper County; board of commissioners, election of members, etc
3807
Jasper County; chief magistrate, appointment, compensation, etc
3785
Jeff Davis County; composition of commissioner districts, manner of election of
commissioners, etc
3688
Jeff Davis County; state court created, jurisdiction, procedure, etc
5257
Jefferson County; board of commissioners, powers, duties, qualifications of members,
procedures
3627
Jefferson County; magistrate court, appointment of magistrates provided for .... 3917
Jefferson County; state court, compensation of judge and solicitor, terms of
court
.3911
Jenkins County; magistrate court, chief magistrate, how appointed
4111
Johnson County; magistrate court, manner of selecting chief magistrate
4006
Johnson County; state court abolished
4164
Jones County; board of commissioners, membership reconstituted, etc
5177
Jones County; board of education reconstituted, referendum
4459
Jones County; clerk of superior court, method of compensating changed
3740
Jones County; compensation of sheriff and department employees
3743
Jones County; compensation of tax commissioner and personnel
4080
Jones County; homestead exemptions, referendum
3926
5524
INDEX
Jones County; probate court, compensation of judge and court personnel
4083
Lamar County; magistrate court, appointment of magistrates
4561
Lamar County; superior court clerk, mode of compensating changed
3904
Laurens County; magistrate court, election of chief magistrate, qualifications,
etc
4638
Liberty County; constitutional amendments relating to industrial authority
continued
3873
Liberty County; magistrate court, manner of selecting magistrates changed
3770
Lincoln County; board of commissioners, compensation of members other than
chairman
4205
Lincoln County; superior court terms changed
351
Long County; magistrate court, manner of appointment of chief magistrate
4696
Lumpkin County; chief magistrate, term of office, election of successor
3777
Lumpkin County; lumpkin county water and sewerage authority act enacted .... 4500
Macon County; constitutional amendment regarding popular election of school
board continued
3858
Marion County; magistrate court, probate judge designated chief magistrate
4605
Marion County; sheriff, compensation of deputy changed
4440
McDuffie County; board of commissioners, compensation and allowances of
members
4521
McDuffie County; compensation of sheriff and employees of sheriff
4519
McDuffie County; magistrate court, appointment of chief magistrate, etc
4524
McDuffie County; salary of coroner changed
4692
McDuffie County; superior court clerk, compensation
4527
McIntosh County; appointment of school superintendent by board of education,
referendum
4106
McIntosh County; board of education, compensation of chairman and members
changed
5231
McIntosh County; board of education, terms of office of members, referendum... 4103
McIntosh County; superior court, grand juries, drawing and length of terms
4054
Miller County; magistrate court, probate judge designated chief magistrate
4529
Mitchell County; board of education, compensation of chairman and members... 4383
Montgomery County; county attorney not required to be a resident of county ... 4116
Montgomery County; magistrate court, probate judge designated chief magistrate,
compensation, etc
4379
Morgan County; magistrate court, appointment of constables, law library fees ... 4398
Murray County; board of elections created
4009
Murray County; magistrate court, selection of magistrates, compensation
4061
Muscogee County; magistrate court, judge of municipal court of columbus and
muscogee county designated chief magistrate
4109
Muscogee County; probate court, compensation of judge
4316
Muscogee County; salary of sheriff
4607
Muscogee County; state court, compensation of judge, solicitor and assistant
solicitor
4447
Muscogee County; superior court, compensation of clerk and chief deputy clerk . 4314
Muscogee County; superior court, salary supplement of judges
4157
Muscogee County; tax commissioner, compensation
4154
Newton County; board of commissioners, composition of member districts
3507
Newton County; education districts
3501
Newton County; magistrate court, probate judge designated chief magistrate,
etc
5132
INDEX
5525
Oconee County; magistrate court, judge of probate court designated chief
magistrate
4043
Oglethorpe County; office of tax commissioner created
4485
Paulding County; board of commissioners, compensation of chairman
4078
Paulding County; board of education, composition of education districts
5146
Peach County; authorized to regulate rates of certain water and sewer
companies
4377
Peach County; board of commissioners, compensation of members
4289
Pike County; board of commissioners, new commissioner districts, etc
4586
Pulaski County; magistrate court, appointment of chief magistrate,
terms of office, etc
4100
Putnam County; additional homestead exemption for persons 65 or older;
referendum
4657
Putnam County; magistrate court, appointment of chief magistrate provided for . 3788
Quitman County; magistrate court, probate judge designated chief magistrate ... 3978
Rabun County; compensation of sheriff, etc
4707
Rabun County; constitutional amendment providing for levy of sales and use tax by
board of education continued
3866
Randolph County; appointment, terms and compensation of magistrates
3638
Richmond County; board of education, composition of board, election districts, etc.,
referendum
5119
Richmond County; compensation of certain officials
4642
Richmond County; magistrate court, provisions made for same
4467
Richmond County; new board of commissioners created
4245
Richmond County; probate court, certain restrictions on judge
emeritus removed
4242
Rockdale County; board of commissioners compensation of members
4041
Rockdale County; compensation of public defender
3644
Rockdale County; compensation of sheriff
4037
Rockdale County; compensation of tax commissioner
4033
Rockdale County; coroner, automobile expense allowance
4039
Rockdale County; probate judge, compensation
4035
Rockdale County; sheriff's department, merit board created
3747
Rockdale County; superior court clerk, compensation
4152
Screven County; board of commissioners, compensation of chairman and
members
3884
Seminole County; board of commissioners, boundaries of commissioners'
districts
4073
Seminole County; magistrate court, judge of probate court designated chief
magistrate
3834
Spalding County; compensation of coroner
4534
Spalding County; magistrate court, costs, practice and procedure
4531
Spalding County; state court, compensation of judge and solicitor
4201
Stewart County; board of commissioners created, election, terms of office,
compensation, referendum
3513
Stewart County; terms of superior court changed
440
Talbot County; magistrate court, probate judge designated chief magistrate
4709
Taliaferro County; magistrate court, judge of probate court designated chief
magistrate
4264
Tattnall County; sheriff's patrol automobiles
4118
Tattnall County; state court, compensation of clerical assistant to solicitor
3990
5526
INDEX
Thomas County; office of county manager created
3751
Toombs County; board of education authorized to appoint school superintendent,
referendum
4273
Toombs County; board of education, election of members, education districts,
etc
4669
Toombs County; magistrate court, chief magistrate, how appointed
4113
Towns County; constitutional amendment regarding levy of sales and use tax
continued
3793
Towns County; magistrate court, probate judge designated chief magistrate
4139
Towns County; office of commissioner as governing authority created
4130
Towns County; office of tax commissioner created
4135
Towns County; probate judge's operating expenses subject to arrival of governing
authority
4125
Towns County; sheriff's deputies
4128
Treutlen County; magistrate court, probate judge designated chief magistrate.... 4114
Troup County; constitutional amendment providing for division of county into school
districts, etc., continued
3860
Troup County; salaries of specified officers changed
3965
Troup County; salary of coroner
4882
Troup County; small claims court, salary of judge
3960
Troup County; state court, compensation of judge and solicitor
3962
Troup County; state court, drawing, summoning and impaneling jurors
4047
Turner County; board of commissioners, composition, election of members, etc.,
referendum
4563
Turner County; board of education, education districts, election of members, etc.,
referendum
4862
Twiggs County; board of commissioners, method of filling vacancies on board ... 4120
Twiggs County; board of education, method of filling vacancies
3994
Union County; compensation and allowances of probate judge
4705
Union County; magistrate court, probate judge designated chief magistrate
4287
Union County; office of commissioner created
4281
Union County; office of treasurer abolished
4166
Upson County; appointment of school superintendent by school board
4367
Upson County; board of education, education districts changed, referendum
4576
Upson County; city of thomaston, act creating joint board of tax assessors
repealed
3544
Upson County; commissioner election districts etc., referendum
3729
Walker County; compensation of coroner changed
4687
Walker County; probate court, maximum compensation of personnel changed ... 5236
Walker County; superior court clerk, maximum compensation of office personnel. 5186
Walker County; tax commissioner, compensation of office personnel
4950
Walton County; magistrate court, judge of probate court designated chief
magistrate
3901
Ware County; board of commissioners, act creating amended
4395
Ware County; constitutional amendment providing for election of board of education,
etc., continued
3760
Ware County; office of treasurer abolished
4369
Warren County; magistrate court, appointment and compensation of chief magistrate
and clerk
4362
Warren County; office of treasurer abolished
4207
Wayne County; board of education, education districts changed, referendum .... 3971
INDEX
5527
Webster County; compensation of commissioner
3907
Webster County; compensation of treasurer
3909
Webster County; magistrate court, provisions made for same
4451
Webster County; superior court terms changed
439
Wheeler County; board of education, election of members, referendum
3601
Wheeler County; magistrate court, probate judge designated chief magistrate .... 3992
White County; superior court clerk, manner of compensating changed
4497
White County; tax commissioner, manner of compensating changed
4381
White County; white county water and sewerage authority act
4920
Whitfield County; magistrate court, election and terms of chief magistrate, etc. .. 4159
Wilcox County; magistrate court, appointment of chief magistrate
4098
Wilcox County; office of tax commissioner created
4094
Wilcox County; superior court, manner of compensating clerk changed
4141
Wilkes County; board of education created, district election of members, etc.,
referendum
3838
Wilkes County; commissioner districts, election of commissioners
3658
Wilkes County; magistrate court, appointment, compensation and duties of chief
magistrate
4559
Wilkinson County; homestead exemptions, referendum
3772
Wilkinson County; magistrate court, probate judge designated chief magistrate .. 3980
Wilkinson County; probate court, salaries of judge and employees, periodic
increases
5233
Wilkinson County; sheriff and employees, compensation, periodic increases
4480
Wilkinson County; superior court, manner of compensating clerk changed
3983
Wilkinson County; tax commissioner, annual salary, salaries of personnel, periodic
increases
4635
Worth County; board of commissioners, compensation of chairman and
members
3892
COUNTIES AND COUNTY MATTERS BY POPULATION
20,900-21,200; boards of education compensation, repealed
443
350.000 or more; superior court clerks' fees
617
450.000 or more; superior court clerk's costs
500
550.000 or more; act providing for volunteer legal service agencies amended
4092
550,000 or more; appointing public defender
495
COUNTY MATTERS--HOME RULE AMENDMENTS
Butts County; county treasurer as ex-officio clerk, etc
5279
Clayton County; death benefits under the system of pensions and retirement
pay
5282
Clayton County; funds for advertising and promoting county
5287
DeKalb County; board of zoning appeals
5293
DeKalb County; merit system council, election of chairman
5298
DeKalb County; merit system council, appeals
5303
Fayette County; purchases on competitive bids
5308
Fulton County; judges and solicitors general pension fund
5311
Gordon County; purchase and disposition of property, etc
5318
Rockdale County; commission meetings
5323
5528
INDEX
MUNICIPAL CORPORATIONS
NAMED CITIES
Adrian; charter enacted
4745
Alpharetta; limit on contracts allowable without bidding
4335
Alpharetta; municipal court, salary of judge
4338
Alpharetta; salaries of mayor and members of city council
4318
Atlanta; constitutional amendment relating to tax exemption of certain cabbagetown
properties continued
4595
Atlanta; restrictions on city changing utilization of certain property over western
and atlantic railroad
491
Austell; constitutional amendment relative to issuance of revenue anticipation
obligations continued
3836
Blairsville; new charter
4967
Brunswick; act of incorporation amended
4475
Brunswick; brunswick-glynn county charter commission, time to complete work
extended
5205
Cairo; corporate limits extended
3894
Camilla; mayor and councilmen, vacancies in office, how filled
3758
Cedartown; homestead exemptions, referendum
4261
Chatsworth; recorder's court established
4298
Columbus, Georgia; manner of publication of certain ordinances
3647
Columbus, Georgia; municipal court, compensation of judge, clerk and marshal .. 4491
Columbus, Georgia; recorder's court, appointment of clerks and clerks pro
tempore
4059
Columbus, Georgia; requirements regarding membership of boards and
commissions
4064
Concord; new charter
4793
Conyers; homestead exemption for persons 62 and over, referendum
4884
Dallas; corporate limits changed
3988
Decatur; commissioner election districts, etc
4601
Douglasville; election of mayor and councilmen, wards changed, etc
5137
East Point; elections for mayor and council
3665
Elberton; wards established and defined, election of councilmen
3634
Forest Park; corporate limits extended
4187
Fort Oglethorpe; corporate limits changed
4998
Fort Oglethorpe; corporate limits changed
5109
Franklin; franklin-heard county water authority act enacted
4613
Gordon; homestead exemptions, referendum
3923
Gray; election of aldermen
3930
Hapeville; date of municipal elections
4599
Hiawassee; terms of mayor and councilmen, resolutions and ordinances,
how adopted
3763
Jesup; corporate limits changed
4266
Kennesaw; corporate limits changed
4269
Kennesaw; corporate limits changed
4873
LaGrange; downtown development authority, limits of downtown lagrange
district
3919
Lake City; mayor and members of council, terms of office
3957
Lexington; time for holding municipal elections changed
3937
Lincolnton; new charter
4829
INDEX
5529
Loganville; recorder, qualifications, maximum fining and forfeiture authority .... 5253
Louisville; regular municipal elections date changed
3915
Macon; corporate limits changed
3583
Marietta; cobb county-marietta water authority, composition of membership,
etc
4345
Marietta; corporate limits changed
5004
Maxeys; new charter
4887
McIntyre, Town of; corporate limits extended
3624
Milledgeville; mayor and aldermen, election and terms of office
3852
Milledgeville; "police court" changed to "municipal court," provision for deputy
recorder
4250
Monticello; mayor and councilmen, election procedures
3779
Moreland; corporate limits changed
4408
Moultrie; charter amendments
4955
Mountain Park; charter amendments relating to mayor's court, etc
5126
Nelson; election of mayor and councilmen
4877
Newnan; district election of aldermen, etc.
3795
North High Shoals; election of mayor and council provided for
3997
Palmetto; mayor and councilmen, term of office, referendum
4390
Peachtree City; airport authority act
4935
Perry; acts of council, resolutions and ordinances
3668
Perry; composition of council districts, election of councilmen, residency
requirements
3654
Pooler; corporate limits defined
4326
Powder Springs; downtown development authority, powers, etc
3801
Ringgold; corporate limits further defined
4171
Riverdale; corporate limits changed
4653
Rochelle; mayor's or recorder's court, punishment permitted to be imposed
5135
Rossville; certain territory excluded from corporate limits
5114
Santa Claus; charter enacted
5077
Savannah; municipal court abolished
4422
Sky Valley; charter amendments
4310
Snellville; certain territory included in corporate limits
4291
Soperton; new charter
4212
Stapleton; name changed from town of Stapleton to city of Stapleton
4296
Statesboro; residency of recorder
4649
Talbotton; new charter
4536
Tallulah Falls; municipal court, maximum punishment to be imposed by same .. 4690
Tallulah Falls; new charter
3547
Thomaston-Upson County; act creating joint board of tax assessors repealed .... 3544
Whigham; new charter
5152
Woodstock; election of mayor, term of office
3641
Zebulon; election of council members by district, etc
3829
MUNICIPALITIES--HOME RULE AMENDMENTS
Albany; improvement of alleys, assessment of costs
5331
Americus; salaries of mayor, mayor pro-tem and aldermen
5334
Atlanta; "ceta" changed to "asset atlanta"
5352
Atlanta; head of the office of contract compliance
5363
Atlanta; plan of reorganization of administrative departments
5337
5530
INDEX
Atlanta; procedures and requirements for submitting initiatives and referenda to
voters
5376
Atlanta; residency provisions for persons serving on boards, commissions and
councils
5358
Atlanta; rules and procedures for modifying pension laws
5369
Decatur; maximum amount of ad-valorem tax
5382
Dillard; appointment and qualifications of recorder
5387
Doraville; salary of city councilmen
5392
Doraville; salary of mayor
5389
Elberton; recorder's fining authority
5395
Fitzgerald; formula for calculating annual payments to city by water light and
bond commission
5407
Fitzgerald; water and light and bond commission, powers, etc
5399
Harlem: authority of recorder to impose fines
5415
Macon; encroachment permits, authority to grant
5418
Marietta; provision as to certain educational funds repealed
5422
Morrow; authority of recorder to impose fines and punishment
5426
Newnan; authority of mayor's or recorder's court to impose punishment
5432
Plains; authority of municipal court to impose fines and punishments
5435
Pooler; composition of aldermanic board, etc
5438
Thomaston; authority of mayor and council to appoint a deputy city clerk, etc... 5444
Thomasville; investments of pension fund
5463
Thomasville; "police court" changed to "municipal court," procedures, etc
5468
Thomasville; salary of mayor and commissioners
5458
Thomasville; street paving assessments
5450
Toccoa; compensation of mayor, vice mayor and commission members
5480
Toccoa; limitation on purchases without competitive bids
5475
Zebulon; authority of mayor's court to impose fines and punishments
5484
RESOLUTIONS AUTHORIZING COMPENSATION
Ahearn, Grace E
4716
Amerson, J. C. and Lavada
4724
DuVernois, Frances J
4723
Henggeler, Duane E
4721
Snow, Peggy J
4722
Tracy, Phillip
4450
RESOLUTIONS AUTHORIZING LAND CONVEYANCES, LEASES AND EASEMENTS
American Heart Association, Repealed
494
Bibb County Board of Commissioners
332
Board of Regents of the University System of Georgia ..
978
Chattanooga, Tennessee, land located in
487
Dalton, City of, land located in
489
Floyd County, land located in
753
Graysville Methodist Church
735
Georgia Trust for Historic Preservation, Inc. .
732
Henry County Soil and Water Conservation District or to Henry County
729
Lord Company, The
329
INDEX
5531
Meriwether County Board of Commissioners
476
Meriwether County, land located in
492
Millen, City of, resolution (1975 No. 55) amended
483
Millen, City of
746
Oglethorpe Power Corporation
750
Pelham, City of, Lease
479
Sumter County Board of Commissioners
737
Swainsboro, City of
742
Washington County Board of Commissioners
740
Wilcox County Board of Commissioners
744
Woodbury, City of
481
MISCELLANEOUS RESOLUTIONS
City of Atlanta, restrictions on city changing utilization of street level plaza over
W&A Railroad Property
491
DeKalb County Recorders Court and Magistrate Court Study Commission
Created
5048
Dillard, Henry E., Memorial Bridge designated
4277
Ebenezer Church Road in Effingham County designated and named
4281
Epps, Hubert Floyd; Memorial Bridge designated
4279
Governor's Judicial Process Review Commission created
980
Hawes, Peyton S., Memorial Bridge designated
5266
James, C. H. (Fat) Sr., Memorial Highway designated
4275
Joint Part-Time State Employment Study Committee created
1313
Lucas, David, Pedestrian Walkway designated
4725
Mableton Parkway designated
4278
Marcus, Sidney J., Auditorium designated
4719
McDonald, Larry; Memorial Highway designated
4597
Metropolitan Atlanta Rapid Transit Overview Committee Extended
336
Morris, Ensign Ashley D., Memorial Bridge designated
4720
Murphy, Thomas B., Ballroom designated
4718
"The Year of the Disabled Voter in Georgia," 1984 designated
1277
South Oaks Road in Dooly County designated
4717
State Botanical Garden of Georgia designated
475
West Point; consent for city to annex certain state-owned property
484
5532
INDEX
INDEX
--A--
ABANDONED MOTOR VEHICLES--
Removal from public property, time
548
ABANDONED ANIMALS OR PETS--
Disposition
572
ACCIDENT AND SICKNESS INSURANCE--
Mental disorders, nature of required coverage changed
777
ACTIONS--
Recommencement after dismissal for want of prosecution
597
ADMINISTRATIVE PROCEDURES--
Actions required of state agencies prior to adoption of rules
1219
ADOPTION--
Access to records by Department of Human Resources
1433
ADRIAN, CITY OF--
Charter
4745
AD VALOREM TAXATION OF PROPERTY--
Additional exemption; state-wide referendum
520
Certain exemptions continued
1058
Date for filing certain applications for exemption changed
1371
Exemption for educational purposes of certain homesteads
1497
Exemption of certain motor vehicles, state-wide referendum
788
Non-profit homes for mentally handicapped, exemption, state-wide
referendum
1253
AGRICULTURAL LAND--
Preferential tax assessment of property devoted to agricultural purposes, law
amended
686
AGRICULTURAL VEHICLES--
Licensing and equipment requirements
1329
AGRICULTURE--
Georgia Agrirama Development Authority, membership changed
898
Interstate Pest Control Compact enacted
1021
Pesticides, contractor's and applicator's licenses, grounds for denial
890
INDEX
5533
AHEARN, GRACE E.--
Compensation
4716
ALBANY, CITY OF-- See Tabular Index--Municipalities--Home Rule Amendments
ALCOHOLIC BEVERAGES--
Possession and transportation by individuals of non-tax-paid beverages, quantity
permissible
790
Sale for consumption on premises, certain municipalities authorized to permit at
certain times, referenda
1683
Sale on certain days prohibited
1688
Sales on Sundays in public stadiums, provisions changed
1691
Shippers required to register labels
375
Sunday sales for on-premises consumption authorized, referenda
1685
Wine, farm wineries, licensing requirements
1142
ALIMONY AND CHILD SUPPORT--
Modification of orders, time of filing petition
606
ALPHARETTA, CITY OF--
Limit on contracts allowable without bidding
4335
Municipal court, salary of judge
4338
Salaries of mayor and members of city council
4318
AMATEUR RADIO OPERATORS--
Additional requirements for special license plates
433
AMERICAN HEART ASSOCIATION--
Land conveyance (1982 Resolution No. 199 repealed)
494
AMERICUS, CITY OF-- See Tabular Index--Municipalities--Home Rule Amendments
AMERSON, J. C. AND LAVADA--
Compensation
4724
ANIMALS--
Equine diseases--bond of dealers, brokers and sales establishments
389
Importation of certain exotic birds into State prohibited
1216
ANNEXATION OF TERRITORY--
Limitation on annexation by certain municipalities, definitions
976
ANNUAL BUDGET ESTIMATES--
Provisions relating to legislative branch changed
359
5534
INDEX
APPEAL AND ERROR--
Appealable judgments, application required in certain cases
599
Code section 5-6-45 applicable when motion for new trial filed
in criminal case
415
Condition of Supersedeas bond--payment of fine in certain cases
413
APPLIED PSYCHOLOGISTS--
Examination for licenses
503
APPOINTMENT OF STATE SCHOOL SUPERINTENDENT--
Proposed Amendment to the Constitution
1716
APPROPRIATIONS--
General Appropriations Act Supplementary Appropriations Act
150^T jf36
ARCHITECTS--
Examination, additional method for applicants to qualify
595
Examination of applicants for license
448
ATLANTA, CITY OF--
See also Tabular Index--Municipalities--Home Rule Amendments
Constitutional Amendment relating to tax exemption of certain Cabbagetown
properties continued
4595
Restrictions on city changing utilization of street-level plaza over Western and
Atlantic Railroad
491
ATLANTA JUDICIAL CIRCUIT--
Additional judge
451
ATTORNEY GENERAL, ASSISTANTS--
Certain representations of criminal defendants permitted
1359
AUCTIONEERS--
Georgia Auctioneers Commission--termination date changed
438
Membership of Commission changed, unlawful practices
1084
AUSTELL, CITY OF--
Constitutional amendment relative to issuance of revenue anticipation
obligations continued
3836
AUTOMOTIVE GASOLINE DISTRIBUTORS
Unlawful, predatory and unfair business practices
1619
INDEX
5535
--B--
BACON COUNTY-- Board of Commissioners, commissioner districts, etc State Court created, terms, practice, procedure, etc
BAD CHECKS-- Service charge allowable changed
BAILIFFS-- Compensation changed
BAKER COUNTY-- Board of Education, compensation of chairman and members
BALDWIN COUNTY-- Election of Commissioners from districts, terms of office State Court, compensation of judge and solicitor
BANKING AND FINANCE-- Credit Union Deposit Insurance Corporation, eligibility for membership, insurance premiums Interstate banking on a regional basis permitted Law amended
BARROW COUNTY-- Board of Commissioners, compensation of chairman
BEN HILL COUNTY-- Board of Commissioners, election, compensation, etc. of members
BERRIEN COUNTY-- Board of Commissioners, act creating board amended, referendum Superior Court, mode of compensating clerk changed
BIBB COUNTY-- Civil Court, jurisdiction changed
BIBB COUNTY BOARD OF COMMISSIONERS-- Land conveyance
BIRTH CERTIFICATES-- Issuance for foreign-born adopted persons
BLAIRSVILLE, CITY OF-- New charter
4661 5191
1435
616
4050
3675 3817
952 1467 949
4702
3887
4823 4168
3877
332
1015
4967
5536
INDEX
BLECKLEY COUNTY--
Compensation of Commissioner changed
3955
Compensation of sheriff
3942
Compensation of tax commissioner
3944
Probate Court, compensation of judge
4057
Superior Court, compensation of clerk
4071
BOARD OF REGENTS OF THE UNIVERSITY SYSTEM OF GEORGIA--
Land conveyance
978
BOARDS OF EDUCATION--
Compensation in certain counties (20,900-21,200) repealed
443
BOARDS OF EDUCATION, LOCAL--
Disciplinary hearing officers or panels, procedures
908
Manner of filling vacancies
641
BOARDS OF ELECTIONS--
Act providing for boards in certain counties repealed
982
"BOILER AND PRESSURE VESSEL SAFETY ACT"--
Enacted
1227
BONDS AND RECOGNIZANCES--
Schedule of Bails by judges of courts of inquiry
679
BROOKS COUNTY--
Board of Commissioners, membership, election districts, etc
3680
Board of Education, election districts, etc
3717
Superior Court, method of compensating clerk changed
3724
BRUNSWICK, CITY OF--
Act of incorporation amended
4475
BRUNSWICK-GLYNN COUNTY CHARTER COMMISSION--
Time to complete work extended
5205
BRYAN COUNTY-- Magistrate Court, manner of appointment of chief and other magistrates ... 4162
BUILDINGS AND HOUSING--
Elevators and escalators, safety requirements
1244
Fire safety, Uniform Act for the Application of Building and Fire Related
Codes to Existing Buildings
1160
Georgia Residential Finance Authority, compensation of members, maximum
amount of bonds
1374
INDEX
5537
BULLOCH COUNTY--
Compensation of clerks of commissioners
4022
Compensation of Tax Commissioner's assistants
4015
Constitutional amendment authorizing use of local sales tax by school system
continued
4013
Probate Court, compensation of clerk
4020
Sheriffs deputies and office clerk, compensation
4150
Superior Court, compensation of clerk's employees
4017
BURKE COUNTY--
Board of Commissioners, compensation of members
4400
State Court, expense allowance of solicitor
3755
BUSINESS CORPORATIONS--
Registration fees, notice of shareholder meetings
514
Venue in garnishment proceedings, service of summons
1319
BUSINESS OPPORTUNITIES--
Sale, definitions, disclosure requirements
522
BUTTS COUNTY--
See also Tabular Index--Counties--Home Rule Amendments Magistrate Court, manner of appointing magistrates, compensation Office of Treasurer abolished, referendum Superior Court Clerk, compensation
4308 3588 4005
--C-- CAIRO, CITY OF--
Corporate limits extended CALHOUN COUNTY--
Magistrate Court, probate judge designated chief magistrate CAMDEN COUNTY--
Homestead exemptions for persons 62 and older, referendum CAMILLA, CITY OF--
Mayor and Councilmen, vacancies in offices, how filled CAMPAIGN FINANCIAL DISCLOSURE--
Filing reports CAMPUS POLICEMEN--
Definition of "campus" changed
3894 3880 3848 3758 1100 596
5538
INDEX
CANDLER COUNTY--
Magistrate Court, manner of appointment of magistrates
4199
CARROLL COUNTY--
Compensation of Coroner changed
3871
CATOOSA COUNTY--
Additional homestead exemption from school taxes (residents 62 and over),
referendum
4321
Board of Utilities Commissioners, jurisdiction and powers
4359
Compensation and Allowances of Commissioner and certain personnel
4002
Superior Court Clerk's office, allowance for clerical help
4494
Tax commissioner, compensation and amount payable for help
4371
CEDARTOWN, CITY OF--
Homestead exemptions, referendum
4261
CERTAIN LOCAL LAWS REQUIRED TO BE APPROVED BY REFERENDUM--
Proposed amendment to the Constitution
1709
CERTIORARI AND APPEALS TO APPELLATE COURTS--
Condition of supersedeas bond in certain cases
413
CHARLTON COUNTY-- Board of Commissioners authorized to fix their compensation, limitation ... 4393
CHATHAM COUNTY--
Board of Elections created, qualifications of members, etc
5197
Laws relative to governing authority revised
5050
Magistrate Court, election of chief magistrate, etc
4422
Probate Court, act relating to compensation of clerk repealed
4438
Recorder's Court Terms
4087
State Court, appointment of clerk provided for
3862
State Court, position of Sheriff abolished
4175
CHATSWORTH, CITY OF--
Recorder's Court established
4298
CHATTAHOOCHEE JUDICIAL CIRCUIT--
Assistant district attorney, maximum compensation
711
Salary supplement of district attorney by Columbus-Muscogee County
713
CHATTANOOGA, TENNESSEE--
Land conveyance of property located in
487
INDEX
5539
CHATTOOGA COUNTY--
Magistrate Court, probate judge designated chief magistrate State Court, act creating amended
4198 4488
CHEROKEE COUNTY--
Superintendent of Schools, appointment by Board of Education,
referendum
3580
CHILD CARE INSTITUTIONS--
Criminal records checks of personnel
1397
CHILD MOLESTATION, AGGRAVATED--
Defined, punishment
685
CHILD MOLESTATION AND ENTICING--
Punishment changed
1495
"CHILD SUPPORT RECOVERY ACT"--
Certain provisions repealed
567
CHIROPRACTORS--
Qualifications of applicants for licensure changed, authority of board
913
CIVIL PRACTICE--
Executions, effect of entry or notice of effort to enforce recordation
912
Limitation of Actions, rights as to persons imprisoned changed
580
Recommencement of action after dismissal for want of prosecution
597
Service on defendant by second original outside county where action filed ... 966
Venue as to third-party defendants
1149
CLARKE COUNTY--
Board of Elections and Registration created
3946
Magistrate Court, qualifications, salary of chief magistrate
3649
CLAYTON COUNTY--
See also--Tabular Index--Counties--Home Rule Amendments Board of Commissioners, compensation of chairman Board of Education, compensation of members Compensation of tax commissioner and deputy tax commissioner Magistrate Court, manner of appointing chief magistrate, etc Probate Court, appeals, jury trials, etc Probate Court, compensation of judge State Court, authority and duties of clerk and deputy clerks State Court, compensation of judges State Court Solicitor, restrictions on private practice, salary Superior Court, compensation of sheriff, clerk and deputy clerk
4184 4413 4516 4411 5268 4180 4177 4306 4182 4210
5540
INDEX
CLAYTON JUDICIAL CIRCUIT--
Number of judges increased
469
COBB COUNTY--
Juvenile Court--compensation of judge
4364
Probate Court, additional deputy clerk
4385
Probate Court, compensation of clerk changed
3846
State Court, compensation of judge
4387
State Court, second division created
4256
COBB COUNTY--MARIETTA WATER AUTHORITY--
Composition of membership, etc
4345
COBB COUNTY SCHOOL DISTRICT--
Compensation of Chairman and members of board
3819
COBB COUNTY STADIUM AUTHORITY ACT--
Enacted
4727
COBB JUDICIAL CIRCUIT--
Investigators, appointment and compensation
348
Number of assistant district attorneys increased
5188
Number of judges, compensation and expense allowances
434
CODES OF ETHICS AND CONFLICTS OF INTEREST--
Certain transactions excluded as constituting conflicts of interest
1204
Public officers and employees prohibited from transacting business
with the state, exceptions
1196
COFFEE COUNTY--
Board of Education, compensation of members
4483
COLQUIT COUNTY-- Magistrate Court, manner of appointment and term of chief magistrate .... 4190
COLUMBIA COUNTY--
Penalties for violation of ordinances authorized
4000
Tax commissioner, compensation changed
4478
COLUMBIA COUNTY SCHOOL DISTRICT-- Additional homestead exemption for certain persons over 62, referendum ... 4609
COLUMBUS, GEORGIA--
Manner of publication of certain ordinances
3647
Municipal Court, compensation of judge, clerk and marshal
4491
Recorder's Court, appointment of clerks and clerks pro tempore
4059
INDEX
5541
Requirements regarding membership of boards and commissions
4064
COMMERCE AND TRADE--
Administrator of "Fair Business Practice Act of 1975"--additional powers ... 441
Automotive gasoline distributors, unlawful, predatory and unfair business
practices
1679
Business opportunities, sale of, definitions, disclosure requirements
522
Health spas regulated, unlawful actions of operators, penalties
463
Registered trademarks or service marks, penalties for infringement
944
Securities, compatibility with federal securities exemptions provided
529
COMMON CARRIERS--
Limitation of liability of certain common carriers, lien of carriers
693
COMMUNITY AFFAIRS, DEPARTMENT OF--
Composition of board, terms of members, etc
378
COMMUNITY IMPROVEMENT DISTRICTS CREATION--
Proposed amendment to the Constitution
1703
COMPOSITE STATE BOARD OF MEDICAL EXAMINERS--
Authorized to distribute information on breast cancer
1465
COMPULSORY SCHOOL ATTENDANCE--
Law revised
1266
CONCORD, CITY OF--
New charter
4793
CONSENT FOR CITY OF WEST POINT TO ANNEX CERTAIN STATE-OWNED PROPERTY--
Resolution
484
CONSERVATION AND NATURAL RESOURCES--
Duties of Environmental Protection Division--Procedures, Etc
404
"Georgia Safe Dams Act of 1978" Amended
454
"Georgia Safe Drinking Water Act of 1977" Amended; bonds for certain water
systems
1074
Jekyll Island State Park Authority--membership changed
430
Lake Lanier Islands development authority; exemption of certain purchases from
sales and use taxes
841
"Oil and Gas and Deep Drilling Act of 1975" amended
398
Restrictions on kinds and sizes of motors on certain waters
374
Southeast Interstate Low-Level Radioactive Waste Management Compact
amended
876
State Board of Registration for Foresters--termination date extended
445
5542
INDEX
CONTRABAND SUBSTANCES-- Possession by prison inmate a felony
CONTROLLED SUBSTANCES-- Listing changed
CONYERS, CITY OF-- Homestead exemption for persons 62 and over; referendum
COOK COUNTY-- Board of Commissioners; composition of election districts Magistrate Court; Judge of Probate Court designated Chief Magistrate
CORPORATIONS, PARTNERSHIPS AND ASSOCIATIONS-- Business corporations, registration fees, notice of shareholder meetings Business corporations; venue in garnishment proceedings; service of summons "Uniform Partnership Act" enacted
COSMETOLOGISTS-- Persons authorized to instruct in cosmetology and esthetics
COUNTIES-- Authorized to adopt and enforce certain ordinances Extent of Territorial Jurisdiction
COUNTY BOARDS OF HEALTH-- Membership, terms; manner of filling vacancies, etc
COUNTY COMMISSIONERS-- Conflicts of interest; exceptions; sales of real property to counties
COUNTY TAXATION-- Limitation on taxation for support of development authorities removed
COURT OF APPEALS-- Compensation of Judges
COURTS-- Assistant District Attorneys; law revised Bailiffs, compensation changed Criminal procedure; conditions for probation in certain cases District Attorneys; duty to collect fines and forfeitures; law repealed Juries; exemptions from jury duty; provisions relative thereto amended Juvenile, judges, appointment, commissioning by Secretary of State Juvenile proceedings; limitations on orders of disposition
593
1019
4884
3939 4090
514 1319 1439
581
1086 131
1325
619
807
444
1182 616 894 842 1697 565 794
INDEX
5543
Juvenile proceedings; protective orders
562
Magistrate Courts Law amended
1096
Probate courts; orders setting date for response to petitions; granting petitions
without hearing
970
Sheriffs, allowance for use of personal vehicle
519
Sheriffs, annual training requirements; exemptions in certain cases
579
Sheriffs--counties granted authority to create merit boards, etc
536
Sheriffs', eligibility to hold office not affected by conviction
of certain crimes
1369
Sheriffs; minimum annual salaries; additional compensation for
certain services
783
Sheriffs; procedure upon indictment or conviction of a felony
1279
Superior court clerks, fees in certain counties (350,000 or more)
617
Superior court clerks; minimum annual salary
589
Venue as to third-party defendants
1149
COWETA COUNTY--
Board of Education; composition; election and terms of members;
referendum
3704
Road districts changed; election of commissioners
3694
CREDIT UNION DEPOSIT INSURANCE CORPORATION--
Eligibility for membership; insurance premiums
952
CRIMES AND OFFENSES--
Aggravated child molestation defined; punishment
685
Bad checks; service charge allowable changed
1435
Child molestation and enticing; punishment changed
1495
Controlled substances and dangerous drugs; listing changed
1019
Involuntary manslaughter, punishment changed
397
Licenses to carry pistols or revolvers; exemption of certain retired law
enforcement officers from payment of fee
1388
Licenses to carry pistols or revolvers; investigation procedures for renewal
changed
935
"Litter Control Law" amended; prima facie and presumptive evidence of identity
of offender
1489
Punishment for crimes against persons 65 years of age and older
900
CRIMINAL PROCEDURE--
Appeal bonds in certain cases; punishment in certain felony cases
760
Bonds and recognizances, schedule of bails by judges of courts of inquiry.... 679
Code section 5-6-45 applicable to motion for new trial
415
Conditions for probation in certain cases
894
Legal defense of indigents--method of appointing public defender in certain
counties
495
CRISP COUNTY--
Board of Commissioners; compensation of members
4067
Commissioners; number, election districts; etc.; referendum
4352
5544
INDEX
--D--
DADE COUNTY--
Board of commissioners created; referendum
3564
Board of Education; election of members etc.; referendum
3575
DALLAS, CITY OF--
Corporate limits changed
3988
DALTON, CITY OF--
Land conveyance, located in
489
DANGEROUS DRUGS--
Listing changed
1019
DEBTOR AND CREDITOR--
Garnishment Proceedings--Limitation on amount subject--form of postjudgment
summons
370
Venue in garnishment proceedings; service of summons
1319
DECATUR, CITY OF--
See also Tabluar Index--Municipalities--Home Rule Amendments
Commissioner election districts, etc
4601
DECATUR COUNTY--
Board of Commissioners; act creating amended
4426
DEKALB COUNTY--
See also Tabular Index--Counties Home Rule Amendments
Board of Commissioners; effect of member qualifying to run for other elective
office
4916
Board of Commissioners; resignation of member to run for other
elective office
4675
Board of Education; non-partisan election of members; procedures
4192
State Court; additional assistant solicitor
4343
DEKALB COUNTY RECORDER'S COURT AND MAGISTRATE COURT STUDY COMMISSION--
Created
5048
DEPARTMENT OF COMMUNITY AFFAIRS--
Advisory committee created
1177
DEPARTMENT OF OFFENDER REHABILITATION--
Consent of Board to personnel selection no longer required
940
INDEX
5545
DEPARTMENT OF PUBLIC SAFETY--
Uniform division; restrictions on eligibility for appointment to
895
DEPENDENT CHILD--
Definition changed with respect to public assistance
1426
"DIETITIANS LICENSING LAW"--
Enacted
1377
DILLARD, CITY OF-- See Tabluar Index--Municipalities--Home Rule Amendments
DILLARD, HENRY E.--
Memorial Bridge designated
4277
DISABLED VETERANS HOMESTEAD EXEMPTION--
Proposed amendment to the Constitution
1707
DISPENSING OPTICIANS--
License requirements, continuing education
513
"DISPOSITION OF UNCLAIMED PROPERTY ACT"--
Amended
575
DISTILLED SPIRITS--
Georgia Distilled Spirits Distribution Act Enacted
375
DISTRICT ATTORNEYS--
Assistant District Attorneys; law revised
1182
Duty to collect fines and forfeitures; law repealed
842
Macon Judicial Circuit, Salary Supplement
343
Tallapoosa Judicial Circuit--Supplemental Expense Allowance
339
DODGE COUNTY--
Appointed school superintendent provided for; referendum
3531
Magistrate Court; Manner of appointment and term of Chief Magistrate .. . 4196
DOMESTIC RELATIONS--
Adoption; access to records by Department of Human Resources
1433
Alimony and child support, time of filing petition for modification of orders . 606
"Child Support Recovery Act", certain provisions repealed
567
Domicile of minors, how determined
612
Family violence; Ex parte orders, copies to be furnished petitioner in certain
cases
542
Marriage licenses; county where same may be issued
1192
"Uniform Reciprocal Enforcement of Support Act" amended
613
5546
INDEX
Definition of "State" enlarged
613
Uniform Reciprocal Enforcement of Support--duty of court acting as responding
state
387
DOMICILE OF MINORS--
How determined
612
DOOLY COUNTY--
Magistrate Court; Manner of selecting Chief Magistrate
3864
DORAVILLE, CITY OF-- See Tabular Index--Municipalities--Home Rule Amendments
DOUGHERTY COUNTY--
Magistrate Court; terms of magistrates
4694
DOUGLAS COUNTY--
Board of Commissioners; compensation of Chairman
4069
Board of Elections created
5270
Coroner; compensation changed
3790
Magistrate court, provisions for; practice, procedure, etc
3952
DOUGLAS JUDICIAL CIRCUIT--
Terms
498
DOUGLASVILLE, CITY OF--
Election of mayor and councilmen; wards changed, etc
5137
DOWNTOWN LAGRANGE DEVELOPMENT AUTHORITY--
Limits of downtown LaGrange district
3919
DRIVERS' LICENSES--
Definition of "conviction" for purposes of mandatory suspension
1221
Revocation of licenses of habitual violators
797
Suspension for conviction of D.U.I. in another state
614
DuVERNOIS, FRANCES J.--
Compensation
4723
--E--
EARLY COUNTY--
Magistrate Court; Probate Judge designated chief magistrate
4645
EAST POINT, CITY OF--
Elections for mayor and council
3665
INDEX
5547
EBENEZER CHURCH ROAD IN EFFINGHAM COUNTY--
Designated and named
4281
ECHOLS COUNTY--
Magistrate Court; Judge of Probate Court designated Chief Magistrate
3727
EDUCATION--
Age for beginning school
643
Campus policemen; definition of "campus" changed
596
Chancellor of University System of Georgia; law authorizing appearance before
General Assembly repealed
657
Compulsory school attendance law revised
1266
County Boards of Education authorized to expend funds to acquire or improve
property
373
Engineering Experiment Station; name changed to Georgia Tech Research
Institute
1675
Local and regional public library law amended
1005
Local boards' disciplinary hearing officers or panels; procedures
908
Local boards; manner of filling vacancies
641
North Georgia College military scholarships, number of recipients
721
Professional Practices Commission and Professional Standards Commission; per
diem expense reimbursement
1201
Public school employees; health insurance plan; provisions relating to
contributions changed
1692
Supervising teachers; minimum standards; additional compensation
727
Vocational Technical schools; charge of tuition fees by certain schools
authorized
571
ELBERTON, CITY OF--
See also Tabular Index--Municipalities--Home Rule Amendments
Wards established and defined; election of councilmen
3634
ELECTIONS--
Advertisement of additional voter registration places
635
Audio tapes containing certain information to be distributed to
public libraries
1117
Boards of registrars, duty to furnish list of qualified electors
694
Campaign financial disclosure reports; filing
1100
Distribution of certain materials by poll officers not prohibited
671
Georgia Election Code Amended
1
Georgia Election Code Amended
133
Joint county-municipal boards of registration and elections authorized
680
Losing candidate's right to a recount
634
Municipal elections and primaries; conduct of elections by counties in certain
cases
826
Municipal elections and primaries; registrars required to purge list of
electors
860
Municipal elections, penalties for violation of code
661
Officials required to issue call for special elections
637
5548
INDEX
Pauper's affidavit; financial statement to accompany filing
1038
Poll officers assigned to conduct county, state or federal elections authorized to
conduct municipal elections
1376
Public disclosure by candidates of campaign contributions and expenditures law
amended
764
"Public office" defined; soil and water conservation district supervisors
excluded
696
Qualifications of candidates; hearing by Secretary of State regarding same ... 636
Registrars; authority to change entry of elector's address limited
922
Special elections; beginning date for qualifying
780
Tabulating machines; inspection by Secretary of State
1087
Vote recorders, display prior to elections
675
Voter registration cards; municipal and county lists of electors, etc
1490
Voter registration; form of cards
1372
Voter registration in high schools and area vocational schools
677
Voter registration places; duty of state Election Board to adopt rules
1430
ELEVATORS AND ESCALATORS--
Safety requirements
1244
EMANUEL COUNTY--
Board of Commissioners; election of members; powers, duties and procedures of
Board
3822
Board of Education; composition of election districts changed
5202
Compensation of tax commissioner
4254
EMINENT DOMAIN--
Oath of special master, filing; form of award
982
EMPLOYEES RETIREMENT SYSTEM OF GEORGIA--
Continued employment of certain employees proposed for involuntary
separation
1309
Kinds of involuntary separation distinguished
1296
Mandatory retirement age changed
1487
EMPLOYMENT AGENCIES, PRIVATE--
Termination date of state advisory council
393
EMPLOYMENT SECURITY LAW--
Amended
861
ENGINEERING EXPERIMENT STATION--
Name changed to Georgia Tech Research Institute
1675
ENVIRONMENTAL PROTECTION--
Duties of Environmental Protection Division--procedures, etc
404
INDEX
5549
EPPS, HUBERT FLOYD-- Memorial Bridge designated
ESCHEAT OF ESTATES-- Law amended
ETOWAH-FORSYTH WATER AUTHORITY ACT-- Enacted
EVANS COUNTY-- Magistrate Court; manner of appointment of Chief Magistrate
EVIDENCE-- Witnesses; fees for campus policemen
EXECUTIONS-- Effect of entry or notice of effort to enforce; recordation
EXEMPTIONS FROM TAXATION-- Certain homesteads exempt for educational purposes Date for filing certain applications for exemption changed Prescription drugs, eyeglasses and contact lenses exempt from sales and use taxes
EXOTIC AND PET BIRDS-- Certain species not to be imported into state
4279 1124 4779 3882 964 912 1497 1371 1466 1216
--F--
FAIR BUSINESS PRACTICES ACT OF 1975-
Powers of Administrator enlarged
441
FALCONRY PERMITS--
Classes of permits
568
FAMILY VIOLENCE-- Petitions for relief from, copy of ex parte order to petioner in certain cases.. 542
FARM WINERIES--
Licensing requirements
1142
FAYETTE COUNTY--
See also Tabular Index-Counties--Home Rule Amendments
Coroner, compensation
4045
5550
INDEX
FERAL HOGS--
Hunting regulated
568
FIDUCIARIES--
Advertisements for discharge or dismission from trust; number reduced
937
FIREMEN'S PENSION FUND LAW--
Amended
990
FIRE PROTECTION AND SAFETY--
Georgia Fire Sprinkler Act amended
824
Local departments required to meet certain standards; notice to
superintendent
1000
Uniform Act for the Application of Building and Fire Related Codes to
Existing Buildings
1160
FITZGERALD, CITY OF-- See Tabular Index-Municipalities--Home Rule Amendments
FLINT JUDICIAL CIRCUIT--
County supplements to salaries of judges, district attorney and
chief assistant
705
FLOYD COUNTY--
Approval of governing authority of salaries of certain officials Board of Commissioners; salaries of members Resolution authorizing conveyance of land located in Superior Court; compensation of clerk; periodic increases Tax commissioner; compensation of commissioner and of chief deputy
4340 4374 . 753 4402 4405
FOREST PARK, CITY OF--
Corporate limits extended
4187
FORGERY AND FRAUDULENT PRACTICES--
Bad checks; service charge allowable changed
1435
FORSYTH COUNTY--
Authorized to impose business and occupational license taxes; referendum .. 4144
Magistrate Court; Probate Judge designated chief magistrate; etc
4293
FORT OGLETHORPE, TOWN OF--
Corporate limits changed
4998
Corporate limits changed
5109
FRANKLIN-HEARD COUNTY WATER AUTHORITY ACT--
Enacted
4613
INDEX
5551
FULTON COUNTY--
See also Tabular Index--Counties--Home Rule Amendments
Authorized to levy and collect business and occupational license taxes
4148
Board of Education; election of members; education districts; referendum... 3591
Constitutional amendment relating to tax exemption of certain Cabbagetown
properties continued
4595
Magistrate Court; appointment of part-time magistrates
4952
Pension Board of county school employees; method of selecting
members, etc
4455
State Court; office of Chief Clerk created
4052
FULTON COUNTY LIBRARY SYSTEM--
Composition of board of trustees, etc
4711
FUNERAL DIRECTORS, EMBALMERS, ETC.--
Qualifications of applicants for licenses
511
--G--
GAME AND FISH--
Areas where use of certain seines permitted and where prohibited
801
Duties of Environmental Protection Division--procedures, etc
404
Falconry permits; feral hogs-hunting regulated
568
Hunting on private lands without permission--punishment
546
Laws amended
537
Negligent injury to or death of another while hunting, administrative
penalties
549
Oysters and clams--regulation respecting taking of same changed
416
Prohibited trapping activities
802
GARNISHMENT--
Limitation on amount subject--form of postjudgment summons
370
GARNISHMENT PROCEEDINGS--
Venue; service of summons
1319
GENERAL ASSEMBLY--
Authorized to revise pension and retirement laws; proposed amendment to the
constitution
1726
Composition of certain representative districts changed
1071
Composition of State Senate Districts 10 and 13 changed
394
Financial affairs; time for filing claims against the state
608
Georgia Criminal Justice Improvement Council--composition changed
431
Hour of meeting changed
602
Legislative Services Committee--Procedures relating to maintenance repair etc. of
facilities
359
Limitation on use of service as service credit under other retirement
systems
758
5552
INDEX
Salaries and allowances of members
717
Vacancies in offices of Secretory of Senate and Clerk of House, provisions for
filling
656
GENERAL OBLIGATION DEBT FOR LIBRARY FACILITIES--
Proposed amendment to the Constitution
1713
GENERAL PROVISIONS--
Holidays and observances; public and legal holidays; procedures for determining;
how observed
1274
GEORGIA AGRIRAMA DEVELOPMENT AUTHORITY--
Membership changed
898
GEORGIA AUCTIONEERS COMMISSION--
Termination date changed
438
GEORGIA BOARD OF REGISTERED PROFESSIONAL SANITARIANS--
Composition changed
425
GEORGIA COMMISSION ON STATE GROWTH POLICY--
Law creating Commission amended
381
GEORGIA CRIMINAL JUSTICE IMPROVEMENT COUNCIL--
Composition changed
431
GEORGIA DEVELOPMENT AUTHORITY--
Assigned to Department of Community Affairs; membership changed
420
GEORGIA DISTILLED SPIRITS DISTRIBUTION ACT--
Enacted
375
GEORGIA FIREMEN'S PENSION FUND--
Composition of Board of Trustees changed
828
GEORGIA FIRE SPRINKLER ACT--
Amended
824
"GEORGIA HEARING AID DEALERS AND DISPENSERS ACT"--
Amended
1119
GEORGIA INDEMNIFICATION COMMISSION--
Created
762
GEORGIA INDUSTRIES FOR THE BLIND--
Department of Human Resources directed to provide facilities
1017
INDEX
5553
GEORGIA INSTITUTE OF TECHNOLOGY CENTENIAL--
Special motor vehicle license plates commemorating same authorized
1677
"GEORGIA MOTOR VEHICLE ACCIDENT REPARATIONS ACT"--
Amended; limitations on right of subrogation
516
GEORGIA POST-MORTEM EXAMINATION ACT--
Amended
812
"GEORGIA PRIVATE DETECTIVE AND SECURITY AGENCIES ACT"--
Amended
1338
GEORGIA RESIDENTIAL FINANCE AUTHORITY--
Compensation of members; maximum amount of bonds
1374
GEORGIA SAFE DAMS ACT OF 1978--
Amended
454
"GEORGIA SAFE DRINKING WATER ACT OF 1977"--
Amended; bonds for certain water systems
1074
GEORGIA TECH RESEARCH INSTITUTE--
Name changed from Engineering Experiment Station
1675
GEORGIA TRUST FOR HISTORIC PRESERVATION--
Rental agreement
732
GILMER COUNTY--
Compensation of commissioner
5130
Probate Court; salary of judge changed
3969
Terms of Superior Court changed
331
GILMER COUNTY WATER AND SEWERAGE AUTHORITY ACT--
Enacted
5215
GLYNN COUNTY--
Board of Commissioners; erroneous description of election districts
corrected
4442
Clerk of State Court, compensation
3542
GORDON, CITY OF--
Homestead exemptions; referendum
3923
GORDON COUNTY-- See also Tabular Index--Counties--Home Rule Amendments
5554
INDEX
Board of Education; composition of board posts
3899
Composition of commissioner districts
3896
GOVERNOR'S JUDICIAL PROCESS REVIEW COMMISSION--
Created
980
GOVERNORS' RETIREMENT BENEFITS BASED ON INVOLUNTARY SEPARATION LIMITED
Proposed amendment to the Constitution
1714
GRADY COUNTY--
Board of Commissioners; election districts reapportioned; qualifications of
members, etc
4026
Board of Education; compensation of members
4024
Board of Education; single-member election districts
4679
GRAY, CITY OF--
Election of aldermen
3930
GRAYSVILLE METHODIST CHURCH--
Land conveyance
735
GREENE COUNTY--
Board of Commissioners; election of members; terms, etc
4628
Compensation of certain personnel changed
4685
Magistrate Court; Probate Judge designated chief magistrate
4633
Tax Receiver; compensation of clerical help
4303
GUARDIAN AND WARD--
Advertisements for discharge or dismission from trust; number reduced
937
Approval by Probate Court of sales, etc., proposed by other than petitioner.. 974
Letters of dismission; alternative procedures for obtaining
1321
GWINNETT COUNTY--
Board of Education; certain education districts changed
4435
State Court; compensation of judges changed
3875
Superior Court judges; supplemental compensation
3868
--H--
HABERSHAM COUNTY--
Commissions, election, terms of office; referendum
3671
Constitutional amendment relating to imposition of alcoholic beverage tax
continued
4173
Constitutional amendment relating to sales and use tax for educational
purposes continued
4123
Magistrate Court; costs to include law library fees
4647
INDEX
5555
HANCOCK COUNTY--
Appointment of chief magistrate
3805
Chairman of Board of Commissioners as full-time county administrator .... 3814
"HANDICAPPED PARKING LAW"--
Amended
1263
HANDICAPPED PERSONS--
Access to and use of public buildings; law revised
1255
Georgia Industries for the Blind; Department of Human Resources directed to
provide facilities
1017
Protection of disabled adults; reports of abuse, filing; penalties
785
HAPEVILLE, CITY OF--
Date of municipal elections
4599
HARLEM, CITY OF-- See Tabular Index--Municipalities--Home Rule Amendments
HARRIS COUNTY--
Board of Commissioners; election districts, etc
3534
Board of Education; competitive bidding on purchases over $1500.00
4349
Board of Education; districts, terms, qualifications of members; referendum. 3608
Board of Education; election districts, terms, qualifications of members;
referendum
3523
Homestead exemptions; referendum
3766
License fees; assessment and collection authorized
4323
HARRIS COUNTY AIRPORT AUTHORITY ACT--
Enacted
5239
HAWES, PEYTON S.--
Memorial bridge designated
5266
HEALTH--
Boxing match licenses; State Boxing Commission; law amended
1223
County boards of health; membership; terms, manner of filling vacancies ... 1325
Heart pacemakers; authorized receipt and reuse
1034
Hospital authorities, number and composition of members
. 585
Hospital care for certain indigents
1389
"Hospital Equipment Financing Authority Act" enacted
1654
Hospitals; additional standards for acting upon applications for staff
privileges
967
Hospitals and other health care facilities authorized to transfer property of
deceased patients
778
Hospitals and other health care facilities; peer review for certain health
professionals
699
5556
INDEX
Living wills; form and manner of executing same; effect
1477
Local hospital authorities; reimbursement of members for certain expenses .. 874
Patients' health records; providers of health care required to furnish copies to
patient or other designated recipient
1680
Personal care homes, a definition changed
649
Radiation control; Department of Human Resources authorized to collect civil
penalties in certain cases
1428
Vital records; birth certificates for foreign-born adopted persons
1015
HEATLH PROFESSIONALS--
Peer review; certain definitions changed
699
HEALTH SPAS--
Regulated, unlawful actions of operators, penalties
463
HEARING AID DEALERS AND DISPENSERS--
Act amended
1119
HEART PACEMAKERS--
Authorized receipt and reuse
1034
Persons authorized to dispose of pacemaker upon death of one in possession of
same
1036
HENGGELER, DUANE E.
Compensation
4721
HENRY COUNTY--
Board of Commissioners; commissioner districts changed
4415
Compensation for certain officials; provisions for employees
4698
HENRY COUNTY SOIL AND WATER CONSERVATION DISTRICT--
Land lease
729
HIAWASSEE, CITY OF--
Terms of Mayor and Councilmen; Resolutions and ordinances,
how adopted
3763
HIGHWAYS, BRIDGES AND FERRIES--
Width of vehicles; weight limitations
621
HOLIDAYS AND OBSERVANCES--
Public and legal holidays; procedures for determining; how observed
1274
HOSPITAL AUTHORITIES--
Number and composition of members
585
Reimbursement of members of local authorities for certain expenses
874
INDEX
5557
"HOSPITAL EQUIPMENT FINANCING AUTHORITY ACT"--
Enacted
1654
HOSPITALS--
Additional standards for acting upon applications for staff privileges
967
HOUSE OF REPRESENTATIVES--
Composition of certain representative districts changed
1071
HOUSTON COUNTY--
Magistrate Court; selection and compensation of magistrates
3652
HOUSTON COUNTY WATER AND SEWER STUDY COMMISSION
Created; appointment and qualifications of members; functions of
commission
5210
HOUSTON JUDICIAL CIRCUIT--
Number of judges increased
472
HUNTING ON PRIVATE LANDS WITHOUT PERMISSION
Punishment
546
--I--
INCOME TAXATION--
Manner of computing net income of corporations changed
1323
Minority subcontractors; certain payments to same excluded from
net income
1644
INDIGENTS--
Hospital care for certain indigents
1389
INNKEEPERS--
Liability for valuables of guests; law changed
924
INSURANCE--
Accident and sickness insurance; mental disorders, nature of required
coverage changed
777
Fees and taxes; county and municipal taxation of premiums
authorized; basis
1284
Fees and taxes; distribution of illegally collected local premium taxes when
refunded
1294
"Georgia Motor Vehicle Accident Reparations Act" amended
1221
"Georgia Motor Vehicle Accident Reparations Act" amended; limitations on
right of subrogation
516
5558
INDEX
Motor vehicle accident insurance; proof of financial responsibility required in
certain cases
1333
Motor vehicle accident insurance; restoration fee for return of licenses after
cancellation
697
Motor vehicle liability policies; certain coverages increased
839
Premium finance companies; notices of cancellation
1345
Requirements to qualify to transact business changed
1080
INTERAGENCY MOTOR POOLS--
Maintenance and repair of vehicles; rules changed
1077
INTERSTATE BANKING--
Permitted on a regional basis
1467
INTERSTATE PEST CONTROL COMPACT--
Enacted
1021
INVOLUNTARY MANSLAUGHTER--
Punishment changed
397
--J--
JAMES, C.H. (FAT) JR.--
Memorial Highway designated
4275
JASPER COUNTY--
Board of Commissioners; election of members, etc.
3807
Chief Magistrate; appointment, compensation, etc
3785
JEFF DAVIS COUNTY--
Composition of commissioner districts; manner of election of commissioners,
etc
3688
State Court created; jurisdiction, procedure, etc
5257
JEFFERSON COUNTY--
Board of Commissioners, powers, duties, qualifications of members, board
procedures
3627
Magistrate Court; appointment of magistrates provided for
3917
State Court; Compensation of judge and solicitor; terms of court
3911
JEKYLL ISLAND STATE PARK AUTHORITY--
Membership changed
430
JENKINS COUNTY--
Magistrate Court; Chief Magistrate; how appointed
4111
INDEX
5559
JESUP, CITY OF--
Corporate limits changed
4266
JOHNSON COUNTY--
Magistrate Court; manner of selecting chief magistrate
4006
State Court abolished
4164
JOINT BOARD OF FAMILY PRACTICE--
Membership, terms of office, etc
365
JOINT MUNICIPAL EMPLOYEES RETIREMENT SYSTEM--
Law revised
1041
JOINT PART-TIME STATE EMPLOYMENT STUDY COMMITTEE--
Created
1313
JOINT TENANTS--
Effect of recorded lifetime transfer by all joint tenants
1335
JONES COUNTY--
Board of Commissioners; membership reconstituted, etc Board of Education reconstituted; referendum Clerk of Superior Court; method of compensating changed Compensation of Sheriff and Department employees Homestead exemptions; referendum Probate Court; compensation of judge and court personnel Tax Commissioner; compensation of commissioner and personnel
5177 4459 3740 3743 3926 4083 4080
JUDGES, DISCIPLINE, REMOVAL AND INVOLUNTARY RETIREMENT--
Proposed amendment to the Constitution
1722
JUDGES OF THE PROBATE COURTS RETIREMENT FUND--
Composition of Board of Commissioners changed
932
JUDGMENTS APPEALABLE--
Application required in certain cases
599
JURIES--
Exemptions from jury duty; provisions relative thereto amended
1697
JUVENILE COURTS--
Judges, appointment, commissioning by Secretary of State
565
JUVENILE PROCEEDINGS--
Limitations on orders of disposition
794
Protective orders
562
5560
INDEX
--K--
KENNESAW, CITY OF--
Corporate limits changed
4269
Corporate limits changed
4873
--L--
LABOR AND INDUSTRIAL RELATIONS--
"Boiler and Pressure Vessel Safety Act" enacted
1227
"Employment Security Law" amended
861
Minimum wage; amount changed
1324
Private Employment Agencies--Termination date of state advisory council .. 393
Workers' Compensation; election by sole proprietor to accept coverage
1218
Workers' Compensation; "Employee" redefined
816
LaGRANGE, CITY OF--
Downtown Development Authority; Limits of downtown district
3919
LAKE CITY, CITY OF--
Mayor and members of council, terms of office
3957
LAKE LANIER ISLANDS DEVELOPMENT AUTHORITY--
Exemption of certain purchases from sales and use taxes
841
LAMAR COUNTY--
Magistrate Court; appointment of magistrates
4561
Superior Court Clerk; mode of compensating changed
3904
LANDLORD AND TENANT--
Affidavits for writs of possession
892
Political subdivisions prohibited from enforcing rent control ordinances .... 1079
Record on appeals in dispossessory proceedings; supplementation
859
LAURENS COUNTY--
Magistrate Court; election of chief magistrate; qualifications; etc
4638
LAW ENFORCEMENT OFFICERS AND AGENCIES--
Annual training of certain personnel
1210
Department of Public Safety; uniform division; restrictions on eligibility for
appointment to
895
Duty to collect, classify and preserve certain information
690
Recovered stolen motor vehicles; liability of owner for storage fees limited ... 632
LEGAL DEFENSE OF INDIGENTS--
Public defender--appointing in certain counties
495
INDEX
5561
LEGAL SERVICE AGENCIES, VOLUNTEER--
Act providing for same in certain counties (550,000 or more) amended
4092
LEGISLATIVE SERVICES--
Committee Procedures relating to maintenance repair, etc. of facilities
359
LEXINGTON, CITY OF--
Time for holding municipal elections changed
3937
LIBERTY COUNTY--
Constitutional amendments relating to industrial authority continued Magistrate Court; manner of selecting magistrates changed
3873 3770
LIBRARIES, LOCAL AND REGIONAL PUBLIC--
Law amended
1005
LICENSES TO CARRY PISTOLS OR REVOLVERS--
Exemption of certain retired law enforcement officers from payment of fee . 1388
Investigative procedures for renewal changed
935
LIENS, MECHANICS' SPECIAL--
Property subject; filing
561
LIFE ESTATES--
Closure of contingent remainder interests of certain classes
792
LINCOLN COUNTY--
Board of Commissioners; compensation of members other than chairman ... 4205
Superior Court Terms Changed
351
LINCOLNTON, CITY OF-- New charter
4829
LIMITATION OF ACTIONS--
Rights as to persons imprisoned changed
580
"LITTER CONTROL LAW"-- Amended; prima facie and presumptive evidence of identity of offender .... 1489
LIVESTOCK DISEASES--
Prevention and control--Equine diseases
389
LIVING WILLS--
Form and manner of executing; effect of same
1477
5562
INDEX
LOCAL FIRE DEPARTMENTS--
Required to meet certain standards
1000
LOCAL GOVERNMENT--
Actions pursuant to granted powers in exercise of state policy
1337
Annexation of territory; limitation on annexation by certain municipalities;
definitions
976
Budget and audit procedures changed
818
Counties authorized to adopt and enforce certain ordinances
1086
Counties authorized to punish for violations of certain ordinances
505
Filing of certain information with Department of Community Affairs
required
941
General obligation refunding bonds; issuance, procedures
1362
"Resource Recovery Development Authorities Law" amended
1694
Submissions to United States Department of Justice; copies to Attorney
General
1432
Urban Residential Finance Authority Law Amended
337
LOGANVILLE, CITY OF--
Recorder; qualifications; maximum fining and forfeiture authority
5253
LONG COUNTY--
Magistrate Court; manner of appointment of chief magistrate
4696
LORD COMPANY, THE
Land conveyance
329
LOUISVILLE, CITY OF--
Regular municipal elections, date changed
3915
LOW-VOLTAGE CONTRACTING--
Licensing
1129
LUCAS, DAVID-- Pedestrian walkway designated
. 4725
LUMPKIN COUNTY--
Chief Magistrate, term of office; election of successor
3777
LUMPKIN COUNTY WATER AND SEWERAGE AUTHORITY ACT--
Enacted
4500
--M--
MABLETON PARKWAY--
Designated
4278
INDEX
5563
MACON, CITY OF--
See also Tabular Index--Municipalities--Home Rule Amendments
Corporate limits changed
3583
MACON COUNTY--
Constitutional amendment regarding popular election of school board
continued
3858
MACON JUDICIAL CIRCUIT--
Salary Supplements of Judges and District Attorney
343
MAGISTRATE COURTS--
Law amended
1096
Minimum compensation of probate judges serving as chief magistrate
442
MARCUS, SIDNEY J.--
Auditorium designated
4719
MARIETTA, CITY OF--
See also Tabular Index--Municipalities--Home Rule Amendments
Corporate limits changed
5004
MARION COUNTY--
Magistrate Court; Probate Judge designated chief magistrate
4605
Sheriff; compensation of deputy changed
4440
MARRIAGE LICENSES--
County where same may be issued
1192
MAXEYS, TOWN OF--
New charter
4887
McDonald, larry, memorial highway--
Designated
4597
McDuffie county--
Board of Commissioners; compensation and allowances of members
4521
Compensation of sheriff and employees of sheriff
4519
Magistrate Court; appointment of chief magistrate, etc
4524
Salary of coroner changed
4692
Superior Court clerk; compensation
4527
McIntosh county--
Appointment of school superintendent by Board of Education; referendum . 4106
Board of Education; compensation of chairman and members changed
5231
Board of Education; terms of office of members; referendum
4103
5564
INDEX
Superior Court; Grand juries, drawing and length of terms
4054
McIntyre, town of--
Corporate limits extended
3624
MEDICAL EDUCATION--
State funding for medical education provided by certain hospitals
585
MENTAL HEALTH--
Clinical records, conditions of release changed
594
Expenses for patients in state institutions; assessment standards
968
Transfer of certain patients to custody of Federal agencies
756
MERIWETHER BOARD OF COMMISSIONERS--
Land conveyance
476
MERIWETHER COUNTY--
Conveyance of land located in
492
METROPOLITAN AREA PLANNING AND DEVELOPMENT COMMISSIONS--
Composition of membership, terms, etc
653
METROPOLITAN ATLANTA RAPID TRANSIT OVERVIEW COMMITTEE--
Extended
336
MILLEDGEVILLE, CITY OF--
Mayor and Aldermen; election and terms of office
3852
"Police Court" changed to "Municipal Court"; provision for deputy
recorder
4250
MILLEN, CITY OF--
Land conveyance
746
Land conveyance (Resolution No. 55, 1975 amended)
483
MILLER COUNTY--
Magistrate Court; Probate Judge designated chief magistrate
4529
MINERAL RESOURCES--
"Oil and Gas and Deep Drilling Act of 1975" amended
398
MINIMUM WAGE--
Amount changed
1324
MINORS--
Domicile, how determined
612
INDEX
5565
MISDEMEANOR OFFENDERS--
Assignment to place of confinement by Department of Offender
Rehabilitation
604
MITCHELL COUNTY--
Board of Education; compensation of chairman and members
4383
MONTGOMERY COUNTY--
County Attorney not required to be a resident of county
4116
Magistrate Court; probate judge designated chief magistrate; compensation,
etc
4379
MONTICELLO, CITY OF--
Mayor and Councilmen; election procedures
3779
MORELAND, TOWN OF--
Corporate limits changed
4408
MORGAN COUNTY--
Magistrate Court; appointment of constables; law library fees
4398
MORRIS, ENSIGN ASHLEY D.--
Memorial bridge designated
4720
MORROW, CITY OF-- See Tabular Index--Municipalities--Home Rule Amendments
MORTGAGES, CONVEYANCES TO SECURE DEBT AND LIENS--
Fees for transfer of Property subject to Security Deed
132
MOTORCYCLES--
Fees for licenses and plates
896
Operator safety training program provided
644
MOTOR VEHICLE ACCIDENT INSURANCE--
Proof of financial responsibility required in certain cases
1333
Restoration fee for return of licenses after cancellation
697
MOTOR VEHICLE CERTIFICATE OF TITLE ACT--
Certain definitions changed
781
MOTOR VEHICLE LIABILITY POLICIES--
Certain coverages increased
839
5566
INDEX
MOTOR VEHICLES--
Width and weight limitations
621
MOTOR VEHICLES AND TRAFFIC--
Abandoned vehicles; removal from public property, time
548
Amateur radio operators--additional requirements for special license plates .. 433
Application of certain material to windshield and front windows of motor
vehicles prohibited
1211
Certificates of title; grievance procedures; acts or omissions of Department of
Revenue
1194
Definition of speed detection device
502
Distinctive drivers' licenses for minors; amount of restoration fee changed .. 1070
Drivers' licenses; suspension for conviction of D.U.I. in another state
614
Flashing or revolving blue lights; operation of motor vehicle with same
prohibited; exceptions
1192
Georgia Institute of Technology centennial; special license plates
commemorating same authorized
1677
"Handicapped Parking Law" amended
1263
Identification cards; issuance under passport number for certain persons.... 1674
Motorcycle operator safety training program provided
644
"Motor Vehicle Certificate of Title Act"; certain definitions changed
781
Offenses; authority of courts to change or modify judgments or sentences
limited
1144
Personalized license plates for former prisoners of war
423
Registration; transfer by purchaser, time
603
Revocation of drivers' licenses of habitual violators
797
Unregistered trucks; highway use permits
1199
Vehicle registration; return and payment of certain federal taxes as condition
prerequisite
609
Vehicles used for agricultural purposes; licensing and equipment
requirements
1329
MOULTRIE, CITY OF--
Charter amendments
4955
MOUNTAIN PARK, CITY OF--
Charter amendments; mayor's court name changed, etc
5126
MUNICIPAL CORPORATIONS--
Annexation of territory; limitation on annexation by certain municipalities;
definitions
976
MUNICIPAL ELECTIONS AND PRIMARIES--
Conduct of elections by counties in certain cases
826
Losing candidate's right to a recount
634
Penalties for violation of code
661
Poll officers assigned to conduct county, state or federal elections authorized
to conduct municipal elections
1376
Registrars required to purge list of electors
860
INDEX
5567
MUNICIPAL TAXATION--
Limitation on taxation for municipal development authorities removed
805
MURPHY, THOMAS B.--
Ballroom designated
4718
MURRAY COUNTY--
Board of Elections created
4009
Magistrate Court; selection of magistrates; compensation
4061
MUSCOGEE COUNTY--
Magistrate Court; Judge of Municipal Court of Columbus and Muscogee County
designated chief magistrate
4109
Probate Court judge; compensation
4316
Salary of sheriff
4607
State Court; compensation of judge; solicitor and assistant solicitor
4447
Superior Court; compensation of clerk and chief deputy clerk
4314
Superior Court; salary supplement of Judges of Chattahoochee Circuit
4157
Tax Commissioner, compensation
4154
--N--
NELSON, TOWN OF--
Election of mayor and councilmen
4877
NEWNAN, CITY OF--
See also Tabular Index--Municipalities--Home Rule Amendments
District election of aldermen, etc
3795
NEWTON COUNTY--
Board of Commissioners; composition of member districts
3507
Education districts
3501
Magistrate Court; Judge of Probate Court designated chief magistrate, etc. . 5132
NONPARTISAN PRIMARIES--
Independent ballots provided by Secretary of State
1490
NON-PROFIT HOMES FOR MENTALLY HANDICAPPED--
Exemption from ad valorem taxation; state-wide referendum
1253
NORTH GEORGIA COLLEGE--
Military scholarships, number of recipients
721
NORTH HIGH SHOALS, TOWN OF--
Election of Mayor and Council provided for
3997
5568
INDEX
NOTARIES PUBLIC--
Law amended
1106
NOTLA WATER AUTHORITY ACT--
Amended
3618
--0--
OCCUPATION TAXES--
Limitation on municipal and county taxation of veterinarians
591
OCONEE COUNTY--
Magistrate Court; Judge of Probate Court designated Chief Magistrate
4043
OFFICIAL CODE OF GEORGIA--
Amended generally
22
OGLETHORPE COUNTY--
Office of tax commissioner created
4485
OGLETHORPE POWER CORPORATION--
Easement
750
"OIL AND GAS AND DEEP DRILLING ACT OF 1975"--
Amended
398
OYSTERS AND CLAMS--
Regulations respecting taking of same changed
416
--P--
PALMETTO, CITY OF--
Mayor and Councilmen; term of office; referendum
4390
PARDONS AND PAROLES--
Imposition of parole supervision fees authorized
775
PARTNERSHIPS--
"Uniform Partnership Act" enacted
1439
PATIENT'S HEALTH RECORDS--
Health care providers required to furnish copies to patient or other designated
recipient
1680
INDEX
5569
PAULDING COUNTY--
Board of Commissioners; compensation of Chairman
4078
Board of Education; composition of education districts
5146
PEACE OFFICERS ANNUITY AND BENEFIT FUND--
Composition of Board of Commissioners changed
926
Credit for prior service
996
PEACH COUNTY--
Authorized to regulate rates of certain water and sewer companies
4377
Board of Commissioners; compensation of members
4289
PEACHTREE CITY AIRPORT AUTHORITY ACT--
Enacted
4935
PELHAM, CITY OF--
Lease of real property located in
479
PENAL INSTITUTIONS--
Certain personnel designated as correctional officers
639
Community service programs, liability of participating officers limited
592
Confidentiality of certain records
1361
Contraband substances, possession by inmate a felony
593
Department of Offender Rehabilitation; selection of personnel; consent of
Board no longer required
940
Inmates' work products, sale to private colleges
651
Misdemeanor offenders, assignment to place of confinement
604
Pardons and paroles; imposition of parole supervision fees authorized
775
Probation; duty of probationer to report to supervisor
1317
Probation; pre-trial release and diversion programs
367
"Special alternative incarceration" as a condition of probation reduced
446
State Board of Pardons and Paroles, organization and procedures changed... 689
PERRY, CITY OF--
Acts of council; resolutions and ordinances
3668
Composition of council districts; election of members; residency
requirements
3654
PERRY-FORT VALLEY AIRPORT AUTHORITY--
Quorum
3662
PERSONAL CARE HOMES--
A definition changed
649
PERSONAL IDENTIFICATION CARDS--
Issuance by Department of Public Safety under passport number to certain
persons
1674
5570
INDEX
PESTICIDES-- Contractor's and applicator's licenses; grounds for denial
PHYSICIANS AND OSTEOPATHS-- Evaluation of medical and osteopathic colleges; licensing of certain graduates
PHYSICIAN'S ASSISTANTS-- Application for approval of use, contents
PIKE COUNTY-- Board of Commissioners; new commissioner districts, etc
PLAINS, CITY OF-- See Tabular Index--Municipalities--Home Rule Amendments
POOLER, TOWN OF-- See also Tabular Index--Municipalities--Home Rule Amendments Corporate limits defined
POWDER SPRINGS-- Downtown Development Authority powers, etc
PREFERENTIAL ASSESSMENT OF AGRICULTURAL LAND-- Classes of persons entitled; proposed amendment to the Constitution
PREMIUM FINANCE COMPANIES, INSURANCE-- Notices of cancellation
PRIVATE CARRIERS-- Redefined, further regulated
PRIVATE DETECTIVE AND SECURITY AGENCIES-- Act relating thereto amended
PROBATE COURTS-- Minimum compensation of Probate Judges serving as Chief Magistrate Orders setting date for response to petitions; granting petitions without hearing
PROBATE OF WILL IN COMMON FORM-- Conclusiveness, time When may be taken
890
1067 611 4586
4326 3801 1711 1345 1394 1338
442 970 658 681
INDEX
5571
PROBATION--
Conditions for probation in certain cases
894
Duty of probationer to report to supervisor
1317
Pre-trial release and diversion programs
367
"Special alternative incarceration; as a condition of probation reduced
446
PROCESS, SERVICE-- Service on defendant by second original outside county where action filed ... 966
"PROFESSIONAL COUNSELORS, SOCIAL WORKERS AND MARRIAGE AND FAMILY THERAPISTS LICENSING LAW"--
Enacted
1406
PROFESSIONAL ENGINEERS AND LAND SURVEYORS--
Law relative thereto amended
1146
PROFESSIONAL PRACTICES COMMISSION--
Per diem expense reimbursement
1201
PROFESSIONAL SERVICE FEES--
Disclosure statements; certain provisions regarding copies deleted
851
PROFESSIONAL STANDARDS COMMISSION--
Per diem expense reimbursement
1201
PROFESSIONS AND BUSINESSES--
Applied psychologists--examination for licenses
503
Architects; additional method for applicants to qualify for examination
595
Auctioneers; membership of commission changed; unlawful practices
1084
Chiropractors; qualifications of applicants for licensure changed; authority of
board
913
Composite State Board of Medical Examiners authorized to distribute
information on breast cancer
1465
Cosmetologists; persons authorized to instruct in cosmetology and esthetics .. 581
"Dietitians Licensing Law" enacted
1377
Dispensing opticians, license requirements, continuing education
513
Funeral directors, embalmers, etc., qualifications of applicants for licenses ... 511
Georgia Auctioneers Commission--termination date changed
438
Georgia Board of Registered Professional Sanitarians--composition changed . 425
"Georgia Private Detective and Security Agencies Act" amended
1338
Hearing aid dealers and dispensers; act amended
1119
Innkeepers; liability for valuables of guests; law changed
924
Physicians and osteopaths; methods of evaluation of medical and osteopathic
colleges; licensing of certain graduates
1067
Physician's Assistants, contents of application for approval of use
611
"Professional Counselors, Social Workers, and Marriage and Family Therapists
Licensing Law" enacted
1406
Professional engineers and land surveyors; law amended
1146
5572
INDEX
Real estate brokers and salespersons; licensing requirements changed
844
Registered Professional Sanitarians, continuing education required for license
renewal
647
State Board of Architects--composition
448
State Board of Recreation Examiners, termination date changed
452
State Construction Industry Licensing Board; low voltage contracting;
licensing
1129
State examining boards; investigators, powers, duties, etc
704
State examining boards; powers, procedures, appointment of members
552
Used motor vehicle dismantlers, rebuilders, etc., composition of State Board of
Registration changed
535
Veterinarians and registered animal technicians; exemption of certain applicants
from examination
544
PROPERTY--
Abandoned property; animals or pets, disposition
572
"Disposition of Unclaimed Property Act" amended
575
Effect of recorded lifetime transfer by all joint tenants
1335
Escheat of estates; law amended
1124
Heart pacemakers; persons authorized to dispose of same upon death of person
possessing same
1036
Landlord and tenant; affidavits for writs of possession
892
Landlord and tenant; political subdivisions prohibited from enforcing rent
control ordinances
1079
Landlord and tenant; record on appeals in dispossessory proceedings,
supplementation
859
Life Estates; closure of contingent remainder interests of certain classes
792
Mechanics' special liens; property subject; filing
561
Rights in personalty, presumption of abandonment by persons in custody ... 517
Transfer of Real Property Subject to Security Deed-Fees
132
"Uniform Management of Institutional Funds Act" enacted
831
PUBLIC AND LEGAL HOLIDAYS--
Procedures for determining; how observed
1274
PUBLIC ASSISTANCE--
Dependent child, definition changed
1426
Supplementation for private rooms in nursing homes allowed
1647
PUBLIC OFFICE--
Defined; soil and water conservation district supervisors excluded
696
PUBLIC OFFICERS AND EMPLOYEES--
Annual Budget Estimates for legislative branch--provisions changed
359
Assistant Attorneys General; certain representations of criminal defendants
permitted
1359
Certain definitions changed; Georgia Indemnification Commission created.... 762
Certain officials removed from the classified service
467
Certain State Merit System records to remain confidential
583
INDEX
5573
Conflicts of interest; certain transactions excluded
1204
Conflicts of interest; county commissioners, exceptions
619
Coroners; Georgia Post-Mortem Examination Act amended
812
Leave of absence with pay; employee donating kidney
907
Notaries Public law amended
1105
Part-time officials; purchase of surplus state property permitted
1122
Persons authorized to administer oaths and take acknowledgments of overseas
personnel
504
Professional service fees; disclosure statements; certain provisions regarding
copies deleted
851
Salaries and allowances of members of the General Assembly
717
Salaries and fees; compensation of superior court judges and district
attorneys
808
State Employees Health Insurance Plan; employees of Georgia development
Authority included in plan
543
State Employees Health Insurance Plan certain employees of private employment
centers included
720
State Personnel Board--Expense allowance of members
427
Supreme Court Justices and Court of Appeals Judges--Compensation
444
Suspension of certain officials upon being indicted for a felony
1279
Transacting business with the State prohibited; exceptions
1196
Vacancies in certain offices; manner of filling
1152
PUBLIC SCHOOL EMPLOYEES--
Health insurance plan; provisions relating to contributions changed
1692
PUBLIC SCHOOL EMPLOYEES RETIREMENT FUND--
Composition of Board of Trustees changed
827
PUBLIC UTILITIES AND PUBLIC TRANSPORTATION--
Liability of political subdivisions arising from use of "911" emergency telephone
service
652
Limitation of liability of certain common carriers; liens of carriers
693
Private carriers redefined, further regulated
1394
PULASKI COUNTY-- Magistrate Court; appointment of Chief Magistrate, terms of office, etc
4100
PUTNAM COUNTY--
Additional homestead exemption for persons 65 or older; referendum
4657
Magistrate Court; appointment of Chief Magistrate provided for
3788
--Q--
QUALIFICATIONS OF CANDIDATES FOR PUBLIC OFFICE--
Hearing by Secretary of State regarding
636
5574
INDEX
QUITMAN COUNTY--
Magistrate Court; Probate Judge designated Chief Magistrate
3978
--R--
RABUN COUNTY--
Compensation of sheriff, etc
4707
Constitutional amendment providing for levy of sales and use tax by Board
of Education continued
3866
RADIATION CONTROL--
Department of Human Resources authorized to collect civil penalties in
certain cases
1428
RANDOLPH COUNTY-- Magistrate Court; appointment, terms and compensation of magistrates .... 3638
REAL ESTATE BROKERS AND SALESPERSONS--
Licensing requirements changed
844
REAL ESTATE TRANSFER TAX--
Exemptions; division of jointly owned property
936
REDEMPTION OF PROPERTY SOLD FOR TAXES--
Cost to includes taxes paid by purchaser
1016
REGISTERED PROFESSIONAL SANITARIANS--
Continuing education required for license renewal
647
REGISTRARS, BOARDS OF--
Authority to change entry of elector's address limited
922
Duty to furnish list of qualified electors
694
REGISTRATION AND LICENSING OF MOTOR VEHICLES--
Highway use permits for unregistered trucks
1199
Personalized license plates for former prisoners of war
423
Return and payment of certain federal taxes as condition prerequisite
609
RENTAL AGREEMENT, RESOLUTION--
Georgia Trust for Historic Preservation, Inc
732
RENT CONTROL ORDINANCES--
Political subdivisions of state prohibited from enforcing
1079
"RESOURCE RECOVERY DEVELOPMENT AUTHORITIES LAW"--
Amended
1694
INDEX
5575
RETIREMENT AND PENSIONS--
Employees Retirement System of Georgia; continued employment of certain
employees proposed for involuntary separation
1309
Employees Retirement System of Georgia; kinds of involuntary separation
distinguished
1296
Employees Retirement System of Georgia; mandatory retirement age
changed
1487
Firemen's Pension Fund Law amended
990
Georgia Fireman's Pension Fund; composition of board of trustees changed . . 828
Joint Municipal Employees Retirement System; law revised
1041
Judges of the Probate Courts Retirement Fund; composition of board of
commissioners changed
932
Limitation on use of service in General Assembly as service credit under other
retirement systems
758
Peace Officers Annuity and Benefit Fund; composition of board of
commissioners changed
926
Peace Officers' Annuity and Benefit Fund; credit for prior service
996
Public School Employees Retirement Fund; composition of board of trustees
changed
827
Sheriffs' Retirement Fund of Georgia, composition of board of
commissioners
507
Superior Court Clerks' Retirement Fund of Georgia; composition of board of
commissioners changed
929
Survivor's Benefits; payment to other than spouse
810
Teachers Retirement Law amended
990
Teachers Retirement System of Georgia; board of trustees, composition .... 1155
Teachers Retirement System of Georgia; credit for service in other school
systems
998
Teachers Retirement System of Georgia; definition of "teacher" changed ... 1314
Trial Judges and Solicitors Retirement Fund; composition of board of
trustees changed
1179
REVENUE AND TAXATION--
Ad valorem taxation of property; additional exemption, state-wide
referendum
520
Ad valorem taxation of property; certain exemptions continued
1058
Ad valorem taxation of property; date for filing certain applications for
exemption changed
1371
Ad valorem taxation of property; exemption for educational purposes of
certain homesteads
1497
Ad valorem taxation of property; non-profit homes for mentally handicapped,
exemption, state-wide referendum
1253
Ad valorem taxation; exemption of certain motor vehicles, state-wide
referendum
788
Ad valorem taxation, preferential assessment of agricultural real property law
amended
686
Code amended
352
County taxation; limitation on taxation for support of development
authorities removed
807
County tax collectors and commissioners; time for remitting taxes collected . . 962
5576
INDEX
Income taxation; manner of computing net income of corporations changed . 1323
Income taxes; minority subcontractors, certain payments to same excluded
from net income
1644
Income Taxes; penalties for filing frivolous returns
357
Limitation on municipal and county occupational taxation of veterinarians .. 591
Motor vehicle license fees and plates; fees for motorcycles
896
Municipal taxation; limitation on taxation for municipal development
authorities removed
805
New State Board of Equalization created
352
Real estate transfer tax; exemptions, division of jointly owned property
936
Sales and use taxes; exemption of prescription drugs, eyeglasses and contact
lenses
1466
Solar Energy Tax Credit Act of 1984
715
Tax executions; return to appropriate court
948
Tax sales; cost of redemption to include taxes paid by purchaser
1016
Tax sales; counties authorized to purchase property sold under tax
executions
904
Tax sales of unreturned property, time of advertisement
660
RICHARD B. RUSSELL DAM--
Boating safety zone established
422
RICHMOND COUNTY--
Board of Education; composition of board, election districts, etc.,
referendum
5119
Compensation of certain officials
4642
Magistrate Court; provisions for same
4467
New Board of Commissioners created
4245
Probate Court; certain restrictions on judge emeritus removed
4242
RINGGOLD, CITY OF--
Corporate limits further defined
4171
RIVERDALE, CITY OF--
Corporate limits changed
4653
ROCHELLE, CITY OF--
Mayor's or Recorder's Court; punishment permitted to be imposed
5135
ROCKDALE COUNTY--
See also Tabular Index--Counties--Home Rule Amendments
Board of Commissioners; compensation of members
4041
Compensation of public defender
3644
Coroner; automobile expense allowance
4039
Probate Judge; compensation
4035
Sheriff; compensation
4037
Sheriff's Department merit board created
3747
Superior Court Clerk; compensation
4152
Tax commissioner; compensation
4033
INDEX
5577
ROSSVILLE, CITY OF--
Certain territory excluded from corporate limits
5114
--S--
SALARIES AND FEES-- Compensation of superior court judges and district attorneys
SALES AND USE TAXES-- Exemption of prescription drugs, eyeglasses and contact lenses
SANTA CLAUS, CITY OF-- Charter enacted
SAVANNAH, CITY OF-- Municipal Court abolished
SCHOOL PROPERTY-- County Boards of Education authorized to expend funds to acquire or improve
SCREVEN COUNTY-- Board of Commissioners; compensation of chairman and members
SECURITIES-- Compatibility with federal securities exemptions provided
SEMINOLE COUNTY-- Board of Commissioners; boundaries of commissioners' districts Magistrate Court; judge of probate court designated chief magistrate
SHERIFFS-- Allowance for use of personal vehicle Annual training requirements; exemptions in certain cases Counties granted authority to create merit boards to decide appeals from disciplinary actions Eligibility to hold office not affected by conviction of certain crimes Minimum annual salaries; additional compensation for certain services Procedure upon indictment or conviction of a felony
SHERIFFS' RETIREMENT FUND OF GEORGIA-- Composition of Board of Commissioners
SKY VALLEY, CITY OF-- Charter amendments
808
1466
5077
4422
373
3884
529
4073 3834
519 579 536 1369 783 1279
507
4310
5578
INDEX
SNELLVILLE, CITY OF-- Certain territory included in corporate limits
SNOW, PEGGY J.-- Compensation
SOCIAL SERVICES-- Institutions licensed to care for children; criminal records checks of personnel Joint Board of Family Practice, membership, terms of office, etc Public assistance; definition of dependent child changed Public assistance; supplementation for private rooms in nursing homes allowed
SOLAR ENERGY TAX CREDIT ACT OF 1984-- Enacted
SOPERTON, CITY OF-- New charter
SOUTHEAST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT COMPACT--
Amended
SOUTHERN JUDICIAL CIRCUIT-- County supplements to judges' salaries
SOUTH GEORGIA JUDICIAL CIRCUIT-- Supplemental compensation of judges
SOUTH OAKS ROAD-- Designated (in Dooly County)
SOUTHWESTERN JUDICIAL CIRCUIT-- Stewart County terms changed
SOUTHWESTERN JUDICIAL CIRCUIT-- Terms of Webster Superior Court changed
SPALDING COUNTY-- Compensation of Coroner Magistrate Court; costs, practice and procedure State Court; compensation of judge and solicitor
SPECIAL ELECTIONS-- Beginning date for qualifying
4291
4722
1397 365 1426 1647
715
4212
876
852
983
4717
440 439
4534 4531 4201 780
INDEX
Officials required to issue call SPECIAL MASTER IN EMINENT DOMAIN--
Filing of oath; form of award SPEED DETECTION DEVICE--
Defined: STAPLETON, TOWN OF--
Name changed to City of Stapleton STATE BOARD OF ARCHITECTS--
Composition STATE BOARD OF DISPENSING OPTICIANS--
Termination date changed STATE BOARD OF EQUALIZATION--
New Board created; procedures STATE BOARD OF FUNERAL SERVICE--
Termination date changed STATE BOARD OF PARDONS AND PAROLES--
Organization and procedures changed STATE BOARD OF RECREATION EXAMINERS--
Termination date changed STATE BOARD OF REGISTRATION FOR FORESTERS--
Termination date extended STATE BOTANICAL GARDEN OF GEORGIA--
Designated STATE BOXING COMMISSION--
Boxing match licenses; law amended STATE CONSTRUCTION INDUSTRY LICENSING BOARD--
Low-voltage contracting; licensing STATE ELECTION BOARD--
Duty to adopt rules regarding voter registration places
5579 637 982 502 4296 448 513 352 511 689 452 445 475 1223 1129 1430
5580
INDEX
STATE EMPLOYEES HEALTH INSURANCE PLAN--
Certain employees of private employment centers included
720
STATE EMPLOYEES HEALTH INSURANCE PLAN--
Georgia Development Authority employees included in plan
543
STATE EXAMINING BOARDS--
Investigators, powers, duties, etc
000
Powers, procedures, appointment of members
552
STATE GOVERNMENT--
Administrative procedures; actions required prior to adoption of rules
1219
Department of Community Affairs; advisory committee created
1177
Department of Community Affairs; composition of board, terms, etc
378
Disposition of surplus property; procedure changed
903
Georgia Commission on State Growth Policy; law creating amended
381
Georgia Development Authority, membership changed
420
Interagency motor pools; maintenance and repair of vehicles, rules changed . 1077
Managerial control over acquisition of certain professional services
1648
Metropolitan area planning and development commissions, composition of
membership, terms, etc
653
Purchase orders and requisitions; use of consecutively numbered mandated . 1004
STATE MERIT SYSTEM--
Certain records to remain confidential
583
STATE PERSONNEL BOARD--
Expense allowance of members
427
STATESBORO, CITY OF--
Residency of recorder
4649
STATE SENATE DISTRICTS--
Composition of districts 10 and 13 changed
394
STATE SCHOOL SUPERINTENDENT APPOINTMENT--
Proposed amendment to the Constitution
1716
STEWART COUNTY--
Board of Commissioners created; election, terms of office, compensation,
referendum
3513
STONE MOUNTAIN MEMORIAL ASSOCIATION-- Membership of Board
501
INDEX
5581
SUMMONS IN GARNISHMENT--
Service
1319
SUMTER COUNTY BOARD OF COMMISSIONERS--
Land conveyance
737
SUPERIOR COURT CLERKS' RETIREMENT FUND OF GEORGIA--
Composition of Board of Commissioners changed
929
SUPERIOR COURTS-- See Tabular Index--Superior Courts
SUPREME COURT--
Compensation of Justices
444
SUSPENSION OF CERTAIN PUBLIC OFFICIALS UPON BEING INDICTED FOR A FELONY--
Proposed amendment to the Constitution
1719
SWAINSBORO, CITY OF--
Land Conveyance
742
--T--
TALBOT COUNTY--
Magistrate Court; probate judge designated chief magistrate
4709
TALBOTTON, CITY OF--
New charter
4536
TALIAFERRO COUNTY--
Magistrate Court; judge of probate court designated chief magistrate
4264
TALLAPOOSA JUDICIAL CIRCUIT--
Supplemental Expense Allowance of District Attorney
339
TALLULAH FALLS, TOWN OF--
Municipal Court; maximum punishment authorized to be imposed by same 4690
New charter
3547
TATTNALL COUNTY--
Sheriff's patrol automobiles State Court; compensation of clerical assistant to solicitor
4118 3990
5582
INDEX
TAX COLLECTORS AND COMMISSIONERS, COUNTY^*
Time for remitting taxes collected
962
TAX EXECUTIONS--
Return to appropriate court
948
TAX SALES--
Cost of redemption to include taxes paid by purchaser
1016
Counties authorized to purchase property sold under tax executions
904
Time of advertisement as to unreturned property
660
TEACHERS RETIREMENT LAW--
Amended
990
TEACHERS RETIREMENT SYSTEM OF GEORGIA--
Board of trustees; composition
1155
Credit for service in other school systems
998
Definition of "teacher" changed
1314
THE YEAR OF THE DISABLED VOTER IN GEORGIA-^
1984 designated
1277
THIRD-PARTY DEFENDANTS--
Venue
1149
THOMAS COUNTY--
Office of County Manager created
3751
THOMASTON, CITY OF-- See Tabular Index--Municipalities--Home Rule Amendments
THOMASTON, CITY OF--UPSON COUNTY--
Joint board of tax assessors, act creating repealed
3544
THOMASVILLE, CITY OF-- See Tabular Index--Municipalities--Home Rule Amendments
TOCCOA, CITY OF-- See Tabular Index--Municipalities--Home Rule Amendments
TOOMBS COUNTY--
Board of Education authorized to appoint school superintendent,
referendum
4273
Board of Education; election of members, education districts, etc
4669
Magistrate Court; chief magistrate, how appointed
4113
INDEX
5583
TOWNS COUNTY--
Constitutional amendment regarding levy of sales and use tax continued ... 3793
Magistrate Court; probate judge designated chief magistrate
4139
Office of Commissioner as governing authority created
4130
Office of Tax Commissioner created
4135
Probate Court; judge's operating expenses subject to approval of governing
authority
4125
Sheriffs deputies
4128
TRACY, PHILLIP--
Compensation
4450
TRADEMARKS AND SERVICE MARKS--
Penalties for infringement
944
TRAFFIC OFFENSES-- Authority of courts to change or modify judgments or sentences limited .... 1144
TREUTLEN COUNTY--
Magistrate Court; probate judge designated chief magistrate
4114
TRIAL JUDGES AND SOLICITORS RETIREMENT FUND--
Composition of Board of Trustees changed
1179
TROUP COUNTY--
Constitutional amendment providing for division of county into school districts,
etc., continued
3860
Salaries of specified officers changed
3965
Salary of coroner
4882
Small Claims Court, salary of judge
3960
State Court; compensation of judge and solicitor
3962
State Court; drawing, summoning and impaneling jurors
4047
TURNER COUNTY--
Board of Commissioners; composition, election of members, etc.,
referendum
4563
Board of Education; education districts, election of members, etc.,
referendum
4862
TWIGGS COUNTY--
Board of Commissioners; method of filling vacancies on board
4120
Board of Education; method of filling vacancies
3994
--U--
UNCLAIMED PROPERTY--
Diposition, act relating thereto amended
575
5584
INDEX
UNIFORM ACT FOR THE APPLICATION OF BUILDING AND FIRE RELATED CODES TO EXISTING BUILDINGS--
Enacted
1160
"UNIFORM MANAGEMENT OF INSTITUTIONAL FUNDS ACT"--
Enacted
831
"UNIFORM PARTNERSHIP ACT"--
Enacted
1439
UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT--
Duty of court acting as responding state
387
"UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT"--
Amended; definition of "state" enlarged
613
UNION COUNTY--
Magistrate Court; probate judge designated chief magistrate
4287
Office of Commissioner created
4281
Office of Treasurer abolished
4166
Probate Judge; compensation and expense allowances
4705
UPSON COUNTY--
Board of Education; education districts changed, referendum
4576
Commissioner election districts, etc., referendum
3729
School Superintendent; appointment by board of education, referendum .... 4367
UPSON COUNTY--CITY OF THOMASTON--
Joint Board of tax assessors, act creating repealed
3544
URBAN RESIDENTIAL FINANCE AUTHORITY--
Law amended
337
USED MOTOR VEHICLE DISMANTLERS REBUILDERS, ETC.--
Composition of state board of registration changed
535
--V--
VENUE--
Garnishment proceedings
1519
Third-party defendants
H49
VETERINARIANS--
Limitation on municipal and county occupational taxation
591
INDEX
5585
VETERINARIANS AND REGISTERED ANIMAL TECHNICIANS-- Exemption of certain applicants from examination *
VITAL RECORDS-- Birth certificates for foreign-born adopted persons
VOCATIONAL TECHNICAL SCHOOLS-- Certain schools authorized to charge tuition fees
VOLUNTEER LEGAL SERVICE AGENCIES-- Act providing for same in certain counties (550,000 or more) amended
VOTE RECORDERS-- Display prior to elections
VOTER REGISTRATION-- Advertisment of additional places for registration In high schools and area vocational schools Cards; municipal and county lists of electors, etc Form of cards
VOTER REGISTRATION PLACES-- Duty of State Election Board to adopt rules
VOTE TABULATING MACHINES AND VOTE RECORDERS-- Inspection by Secretary of State; fees, etc
544
1015
571
4092
675
635 677 1490 1372
1430
1087
--W--
WALKER COUNTY--
Compensation of coroner changed
4687
Probate Court; maximum compensation of personnel changed
5236
Superior Court clerk; maximum compensation of office personnel
5186
Tax commissioner; compensation of office personnel
4950
WALTON COUNTY--
Magistrate Court; judge of probate court designated chief magistrate
3901
WARE COUNTY--
Board of Commissioners; act creating amended
4395
Constitutional amendment providing for election of Board of Education, etc.,
continued
3760
Office of treasurer abolished
4369
WARREN COUNTY-- Magistrate Court, appointment and compensation of chief magistrate
5586
INDEX
and clerk
4362
Office of Treasurer abolished
4207
WASHINGTON COUNTY BOARD OF COMMISSIONERS--
Land conveyance
740
WATERCRAFT--
Lifesaving devices required; exceptions
1203
WATERS OF THE STATE, PORTS AND WATERCRAFT--
Richard B. Russell Dam, boating safety zone established
422
Watercraft; lifesaving devices required, exceptions
1203
WAYNE COUNTY--
Board of Education; education districts changed, referendum
3971
WEBSTER COUNTY--
Compensation of commissioner
3907
Compensation of treasurer
3909
Magistrate Court; provisions made for same
4451
WESTERN JUDICIAL CIRCUIT--
County supplements to judges' compensation, additional judge
723
WEST POINT, CITY OF--
Consent to annex certain state-owned property
484
WHEELER COUNTY--
Board of Education; election of members, referendum
3601
Magistrate Court; probate judge designated chief magistrate
3992
WHIGHAM, CITY OF--
New charter
5152
WHITE COUNTY--
Superior Court clerk; manner of compensating changed
4497
Tax commissioner; manner of compensating changed
4381
WHITE COUNTY WATER AND SEWERAGE AUTHORITY ACT--
Enacted
4920
WHITFIELD COUNTY--
Magistrate Court; election and terms of chief magistrate, etc
4159
WILCOX COUNTY BOARD OF COMMISSIONERS--
Land conveyance
744
INDEX
5587
WILCOX COUNTY--
Magistrate Court; appointment of chief magistrate, etc
4098
Office of Tax Commissioner created
4094
Superior Court; manner of compensating clerk changed
4141
WILDLIFE--
Prohibited trapping activities
802
WILKES COUNTY--
Board of Education created; district election of members, etc., referendum.. 3838
Commissioner districts, election of commissioners
3658
Magistrate Court; appointment, compensation and duties of chief
magistrate
4559
WILKINSON COUNTY--
Homestead exemptions; referendum
3772
Magistrate Court; probate judge designated chief magistrate
3980
Probate Court; salaries of judge and employees, periodic increases
5233
Sheriff and employees, compensation, periodic increases
4480
Superior Court; manner of compensating clerk changed
3983
Tax Commissioner; annual salary, salaries of personnel, periodic increases .. 4635
WILLS--
Probate in common form, when may be taken
681
WILLS AND CODICILS--
Self-proved; probate
834
WILLS, TRUSTS AND ADMINISTRATION OF ESTATES--
Advertisements for discharge or dismission from trust, number reduced
937
Approval by probate court of sales, etc., proposed by other than petitioner . . 974
Heart pacemakers; persons authorized to dispose of pacemaker upon death
of one in possession
1036
Probate of will in common form, conclusiveness, time
658
Wills and codicils; self-proved, probate
834
WINE--
Farm wineries; licensing requirements
1142
WITNESSES--
Witness fees for campus policemen
964
WOODBURY, CITY OF--
Land conveyance
481
WOODSTOCK, CITY OF--
Election of Mayor; term of office
3641
5588
INDEX
WORKERS' COMPENSATION--
Election by sole proprietor to accept coverage
1218
"Employee" redefined
816
WORTH COUNTY--
Board of Commissioners; compensation of chairman and members
3892
--Z--
ZEBULON, CITY OF--
See also Tabular Index--Municipalities--Home Rule Amendments
Election of Council members by district, etc
3829
INDEX
5589
County
Appling Atkinson Bacon Baker Baldwin
POPULATION OF GEORGIA COUNTIES
1980 15,565 6,141 9,379 3,808 34,686
1970
12,726 5,879 8,233 3,875
34,240
1960
13,246 6,188 8,359 4,543
34,064
1950 14,003
7,362 8,940 6,952 29,706
19 AO 14.497
7,093 8,096 7,344 24,190
Banks Barrow
Bartow Ben Hill Berrien
8,702 21,354
40,760 16,000 13,525
6,833
16,859 32,911 13,171 11,556
6,497 14,485 28,267 13,633 12,038
6,935 13,115 27,370
14,879 13,966
8,733 13,064 25,283 14,523 15,370
Bibb
Bleckley Brantley Brooks Bryan
150,256
10,767 8,701 15,255 10,175
143,366
10,291 5,940 13,743 6,539
141,249 9,642 5,891 15,292 6,226
114,079 9,218 6,387 18,169 5,965
83,783 9,655 6,871
20.497 6,288
Bulloch
Burke Butts Calhoun Camden
35,785 19,349 13,665 5,717 13,371
31,585 18,255 10,560 6,606 11,334
24,263 20,596
8,976 7,341 9,975
24,740 23,458
9,079 8,578 7,322
26,010
26,520 9,182 10,438 5,910
Campbell Candler Carroll
Catoosa Charlton
7,518 56,346 36,991
7,343
-6,412 45.404 28,271
5,680
6,672 36,451 21,101
5,313
8,063 34,112 15,146
4,821
9,103 34,156 12,199
5,256
Chatham Ch attahoochee
Chattooga Cherokee Clarke
202,226 21,732 21,856 51,699 74,498
187,816 25,813 20,541 31,059
65,177
188,299 13,011 19,954 23,001 45,363
151,481 12,149
21,197 20,750 36,550
117,970 15,138 18,532
20,126 28,398
Clay Clayton Clinch Cobb Coffee
Colquitt Columbia Cook Coweta Crawford
3,553 150,357
6,660 297,718 26,894
35,376 40,118 13,490 39,268
7,684
3,636
4,551
98,126 46,365
6,405
6,545
196,793 114,174
22,828 21,953
I
32,298 34,048
22,327 13,423
12,129 11,822
32.310 28,893
5,748 5,816
5,844 22,872
6,007 61,830 23,961
33,999 9,525 12,201 27,786 6,080
7,064 11,655
6,437 38,272 21,541
33,012 9,433 11,919 26,972 7,128
Crisp Dade Dawson Decatur DeKalb
19,489 12,318 4,774 25,495 483,024
18,087 9,910 3,639
22.310
415,387
17,768 8,666 3,590
25,203 256,782
17,663 7,364 3,712
23,620 136,395
17,540
5,894 4,479
22,234 86,942
Dodge Dooly Dougherty Douglas Early
1S2-2
16,955 10,826 100,710 54,573 13,158
15.658 10.404 89,639 28.659 12,682
16,483 11,474 75,680 16,741 13,151
17,865 14,159 43,617 12,173 17,413
21,022 16,886 28,565 10,053 18,679
I960 13,314
6.894 7,055 7,818 22,878
9,703 12,401 25,364 13,047 14,646
77,042 9,133 6.895 21,330 5,952
26,509 29,224
9,345 10,576
6,338
9,903 8,991 34.272 9,421 4,381
105,431 8,894
15.407 20,003 25,613
6,943 10,260
7,016 35.408 19,739
30.622 8,793
11,311 25,127
7,020
17,343 4,146 3,502
23.622 70,278
21,599 18,025 22,306
9,461 18.273
5590
County Echols Effingham Elbert Emanuel Evans
Fannin Fayette Floyd Forsyth Franklin
Fulton Gilmer GlascoCk Glynn Gordon
Grady Greene Gwinnett Habersham Hall
Hancock Haralson Harris Hart Heard
Henry Houston Irwin Jackson Jasper
Jeff Davis Jefferson Jenkins Johnson Jones
Lamar Lanier Laurens Lee Liberty
Lincoln Long Lowndes Lumpkin McDuffie
McIntosh Macon Madison Marion Meriwether
INDEX
| 1980 | 1970
] 2,297 I 1,924 I 18,327 | 13,632
I 18,758 I 17,262
, 20,795 i 18,357 l 8,428 | 7,290
I | 14,748 | 13,357
| 29,043 | 11,364
| 79,800 | 73,742
| 27,958 I 16,928
| 15,185 | 12,784
I
I
i 589,904 I 605,210
I 11,110 | 8,956
2,382 | 2,280 54,981 1 50,528 30,070 | 23,570
19,845 11,391 166,808
25,020 75,649
17,826 10,212
72,349 20,691 59,405
9,466 18,422 15,464 18,585 6,520
9,019 15,927
11,520 15,814 5,354
36,309 77,605 8,988 25,343 7,553
23,724 62,924
8,036 21,093
5,760
11,473 18,403 8,841 8,660 16,579
9,425
17,174 8,332
7,727 12,270
12,215 5,654 36,990 11,684 37,583
10,688 5,031 32,738 7,044
17,569
6,716 4,524 67,972
10,762 18,546
5,895 3,746 55,112
8,728 15,276
8,046 14,003 17,747 5,297 21,229
7,371
12,933 13,517
5,099 19,461
1960 |
1,876 I 10,144 | 17,835 |
17,815 I 6,952 |
1950 |
2,494 | 9,133 1 18,585 |
19,789 i 6,653 |
19U0 2,964 9,646 19,618 23,517 7,401
13,620 | 8,199 | 69,130 | 12,170 | 13,274 |
15,192 | 7,978 |
62,899 1
11,005 | 14,446 |
14,752 8,170 56,141 11,322
15,612
556,326 | 473,572 | 392,886 8,922 | 9,963 | 9,001 2,672 | 3,579 | 4,547 41,954 | 29,046 | 21,920
19,228 | 18,922 | 18,445
18,015 11,193 43,541 18,116 49,739
18,928 | 12,843 | 32,320 | 16,553 | 40,113
19,654
13,709 29,087
14,771 34,822
9,979 14,543 11,167 15,229 5,333
11,052 14,663 11,265 14,495 6,976
12,764 14,377 11,428 15,512
8,610
17,619 39,154
9,211 18,499 6,135
15,857 20,964 11,973 18,997
7,473
15,119 11,303
12,936 20,089
8,772
8,914 17,468 9,148 8,048
8,468
9,299 18,855 10,264 9,893
7,538
8,841 20,040 11,843 12,953
8,331
10,240 5,097 32,313 6,204
14,487
10,242 5,151 33,123 6,674 8,444
10,091 5,632 33,606 7,837 8,595
5,906 3,874 49,270
7,241 12,627
6,462 3,598 35,211 6,574 11,443
7,042 4,086 31,860 6,223
10,878
6,364 13,170 11,246 5,477 19,756
6,008 14,213 12,238 6,521
21,055
5,292 15,947
13,431 6,954 22,055
1930 2.744 10,164 18,485 24,101 7.102
12,969 8,665 48,677 10,624 15,902
318,587 7,344 4,388 19,400 16,846
19,200 12,616 27,853 12,748 30,313
13,070 13,263 11,140 16,174 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
INDEX
5591
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 T attnall Taylor
Telfair Terrell Thomas Tift Toombs
Towns Treutlen Troup Turner Twiggs
Union Upson Walker W alton Ware
! 1980 I, 7,038
21,114 14,610 7,011
| , 1970 | 6,424
I | 18,956
10,991 6,099
1960 6,908
19.652 10,495 6,284
1950 9,023
22,528 10,523
7,901
19U0 | 9,998 j
23,261 | 10,749 | 9,668 |
19 SO
9,076 6,730 23,620 11,606 10,020
l] 11,572 i 19,685 I 170,108 i 34,439
12,427
9,904 12,986 167,377 26,282
7,915
10,280 | 11,899 10,447 | 10,676 158,623 j 118,028 20,999 | 20,185
6,304 j 7,009
12,713 | 1-,137 | 75,494 | 18,576 i
7,576 |
12,488 9,215
57.558 17.290
8,082
I 8,929 26,110 19,151 11,652 11,897
8,937 32,382 8,950 10,295
2,357
10,466 9,599 181,629 36,747 3,433
| 7,598 | 7,926
9,958
| 17,520 13,101 11,752
i 15,990 13,846 11,705
| 9,620
8,903
8,855
|I 9,281
9,678
11,112 i
i 7,316
7,138
8,459
.1 29,656 28,015 30,976
8,066 I 8,394 I 2,180
8,204 7,798 2,432
8,808 7,731 3,015
I H 8,327
7,456
7,424
I 8,734 11,078 13,804 I 162,437 135,601 108,876
I 18,152 10,572 | 8,464
I 3,097
3,256 J 4,036
12,430 | 12,832 | 10,378 | 9,136 | 11,800 |
| 10,375 | 28,467 | 9,829 |
8,514 | 3,435 |
7,821 | 16,609 | 81,863 | 7,724 | 5,033 |
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
14,043 i 12,591
9,057 I 7.059
47,899 I 39,514
21,761 I 20,331
5,896 I 6.511
I
29,360 I 26,931
6,534 I 6,625
2,032 ! 2,423
I 18,134 I 16.557
I 7,902 | 7,865
I
i
! 11,445
11.394
I 12,017
11,416
: 38,098
34,562
32,862
27,288
22,592
19,151
14,919 | 6,802 | 35,404 | 18,391 | 7,371 |
18,000 7,904 31,045 16,647 9,194
24.652 i 7,127 'f 3,370 | 15.837 | 8,311 |
24,208 7,687
4,515 15,939 9,113
11,715 | 12,742 |
34,319 23,487 16.837
13,221 14,314 33,932
22,645 17,382
20,353 j 8,492 |
28,427 | 12,972 |
10,603 |
20,503 7,389
23,495 11,740 11,114
24,502 | 8,141 |
6,278 | 16,243 | 10,768 |
26,800 8,458 6,172
15,411
10,617
15,145 | 16,675 |
31,289 | 18,599 | 16,952 |
14,997 18.290 32,612
16,068 17,165
5,638 6,087 50,003 9,510 9,354
9,390 25,998 56,470 31,211 37,180
4,565 5,647
4,538 5,874
44,466 47,189 8,790 8,439
8,222 7,935
i II i 6,811 6,510 | 23,505 23,800 i
50,691 45.264 | 23,404 |! 20,481 if
33,525 | 34,219 |
4,803 6,522 49,841 10,479 8,308
7,318 25,078 38,198 20,230 30,289
4,925 | 7,632 | 43,879 I 10,846 j 9,117 |
4,346
7,488 36,752
11,196 8,372
7,680 | 25,064 | 31.024 | 20,777 | 27,929 |
6,340 19,509 26,206 21,118 26.558
5592
INDEX
County Warren Washington Wayne Webster Wheeler
White Whitfield Wilcox Wilkes Wilkinson Worth
Total
1980
1970
I960
1950 | 19KO | 19SO
6,583
6,669
7,360
8,779 | 10,236 I 11,181
18,842 17,480 18,903 21,012 | 24,230 25,030
20,750 17,858 17,921 14,248 | 13,122 ( 12,647
2,341
2,362
3,247
4,081 | 4,726 i 5,032
5,155
4,596
5,342
6,712 | 8,536 | 9,149
J
I
10,120
7,742
6 935 | 5,951
6,4171 6,056
65,775
55,108 42,109 I 34,432 26,105 I 20,808
7,682
6,998
7,905 | 10,167 12,7551 13,439
10,951
10,184 10,961 | 12,388 15,084 j 15,944
10,368
9,393
9,250 i 9,781 11,0251 10,844
18,064 14,770 16,682 i 19,357 21,3741 21,094
I
15,464,265 4,589,575 | 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
6,716 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 15,185 15,255 15,464 15,565 16,000 16,579
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
INDEX
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 .. .. 21,354 . ... 21,732 .... 21,761 .... 21,856 .... 22,592 .... 25,020 .... 25,343 .... 25,495
.... 25,998 .... 26,110 .... 26,894 .... 27,958 .... 29,043 .... 29,360 .... 30,070 .... 31,211 .... 32,382 .... 32,862
County Newton . . . Baldwin .. Colquitt .. Bulloch . . . Henry Rockdale . Laurens . . Catoosa.. . Ware Liberty ... Thomas... Coweta ... Columbia . Bartow . .. Spalding .. Troup Cherokee . Douglas.. . Glynn Carroll.... Walker ... Whitfield . Lowndes . . Clarke Hall Houston ..
Floyd.... Dougherty Bibb Clayton ..
Gwinnett. Muscogee Richmond Chatham. Cobb .... Dekalb. . . Fulton ...
Total ..
5593
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 .... 65,775 .... 67,972 .... 74,498 .... 75,649 .... 77,605 .... 79,800 .... 100,710 .... 150,256 .... 150,357 .... 166,808 .... 170,108 .... 181,629 .... 202,226 .... 297,718 .... 483,024 .... 589,904 . 5,464,265
5594
MEMBERS OF THE GENERAL ASSEMBLY
COUNTY
Appling Atkinson Bacon Baker Baldwin Banks Barrow Bartow Ben Hill Berrien Bibb Bleckley Brantley Brooks Bryan Bulloch Burke Butts Calhoun Camden Candler Carroll Catoosa Charlton Chatham Chattahoochee Chattooga Cherokee Clarke Clay Clayton Clinch Cobb Coffee Colquitt Columbia Cook Coweta Crawford Crisp Dade Dawson Decatur DeKalb Dodge Dooly Dougherty Douglas Early Echols Effingham Elbert Emanuel Evans
GEORGIA STATE SENATE
Senatorial District
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 1, 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
COUNTY
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
Senatorial District
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
MEMBERS OF THE GENERAL ASSEMBLY
5595
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
Senatorial District
19 14 10 7 20 50 20 29 13 18 50 27 53 45 7 24 20 & 21 6 11 20 50 51 & 54 19 24 25 13
5596
MEMBERS OF THE GENERAL ASSEMBLY
SENATORS OF GEORGIA ALPHABETICALLY ARRANGED ACCORDING TO
NAMES, WITH DISTRICTS AND ADDRESSES FOR THE TERM 1983-1984
District
Name
Address
22--
Thomas F. APl.lOgo. oBdox 1523, August 30903
18--Ed Barker
P.O. Box KK, Warner Robins 31099
33--
R .... Suitoey2E2.5,B1a6r6neAsnderson St., Marietta 30060
39--
Julia3n61BWonedst View Dr. SW, Atlanta 30310
13--
Rooney L. Bowen Box 417, Vienna 31092
51--
Max BrannPon.O. Box 1027, Calhoun 30701
56--Haskew H. Brantley, Jr...
P.O. Box 605, Alpharetta 30201
46--
Paul C. Brou1n65 Pulaski St., Athens 30610
47--
M. Parks BroPw.On . Box 37, Hartwell 30643
3--
Glenn E. BrPy.Oan. tBox 585, Hinesville 31313
5--Joe Burton
2598 Woodwardia Rd., NE, Atlanta 30345
28--
Kyle Cobb P.O. Box 1010, Griffin 30224
35--Frank E. Coggin
1705 Virginia Ave., College Park 30337
1--J. Tom Coleman
P.O. Box 22398, Savannah 31403
40--
Pa2u0l1D5.PCeoacvhertrdeeell Rd., NE, Atlanta 30309
45--Harrill L. Dawkins
2319 Rolling Acres Ct., Conyers 30207
49--
J. NathanP.OD.eaBlox 2522, Gainesville 30503
31--Nathan Dean
340 Wingfoot St., Rockmart 30153
21--Bill English
214 Golf Dr., Swainsboro 30401
34--
B 749 PineehvurEsnt gDrar.m, P.O. Box 908, Fairburn 30213
54--W. W. (Bill) Fincher, Jr. .
P.O. Drawer 400, Chatsworth 30705
50--
John C. FosPte.Or . Box 100, Cornelia 30531
30--Wayne Garner
7034 W. Broad St., Douglasville 30134
20--Hugh M. Gillis, Sr
P.O. Box 148, Soperton 30457
26--
R .. Suite 5ic1h7a, rTdruLs. tGCroe.enBeank Bldg., Macon 31201
27--
W . 1261 Wi.lliFn.g(hBamillyS)pHrianrgrsisRd., Thomaston 30286
37--Carl Harrison
P.O. Box 1374, Marietta 30061
29--
J. RenderPH.Oil.l Box 246, Greenville 30222
52--
Edward HineP, .JOr. Box 5511, Rome 30161
12--A1 Holloway
P.O. Box 588, Albany 31702
17--Janice S. Horton
430 Burke Circle, McDonough 30253
42--Pierre Howard
500 Fidelity National Bank Bldg., Decatur 30030
15--
Floyd HuPd.Ogi.nsBox 12127, Columbus 31907
53--
WaymondPC.O. .HBuogxgi2n8s4, LaFayette 30728
4--
Joseph E. KePn.nOe.dyBox 246, Claxton 30417
25--Culver Kidd
P.O. Box 370, Milledgeville 31061
16--
T 106e9d SJt.aLndainndg Boy Court, Columbus 31904
23--
JimmBy aLneksetresr First Federal Savings Bldg.
985 Broad St., Augusta 30901-1297
24--
Sam P. MP.cOG. ilBl ox 520, Washington 30673
14--
Lewis H.P(.OB.udB)oxM5c6K5e,nMzieontezuma 31063
48--Donn M. Peevy
508 Spring Lake Rd., P.O. Box 862, Lawrenceville 30246
7 Ed Perry
Route 2, Nashville 31639
MEMBERS OF THE GENERAL ASSEMBLY
5597
9--R. T. (Tom) Phillips
1703 Pounds Rd., Stone Mountain 30087
6--Riley Reddish
Cherokee Lake, Jesup 31545
2--Albert (Al) Scott
738 E. Victory Dr., P.O. Box 1704, Savannah 31402
36--David 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
55--Lawrence (Bud) Stumbaugh
1071 Yemassee Trail, Stone Mountain 30083
38--Horace Tate
621 Lilia Dr., SW, Atlanta 30310
32--Joe Thompson
P.O. Box 1045, Smyrna 30081
11--Jimmy Hodge Timmons
132 Woodlawn, Blakely 31723
10--Paul Trulock
P.O. Box 70, Climax 31734
8--Loyce W. Turner
608 Howellbrook Dr., Valdosta 31601
41--James W. (Jim) Tysinger ..
3781 Watkins Place NE, Atlanta 30319
19--Ronnie Walker
P.O. Box 461, McRae 31055
MEMBERS OF THE GENERAL ASSEMBLY
MEMBERS OF THE SENATE OF GEORGIA BY DISTRICTS IN NUMERICAL ORDER AND ADDRESSES FOR THE TERM 1983-84
Name
Address
1
J. Tom Coleman, Jr
P.O. Box 22398 Savannah 31403
2
Albert (Al) Scott
738 E. Victory Dr.
P.O. Box 1704 Savannah 31402
3
Glenn E. Bryant
P.O. Box 585 Hinesville 31313
4
Joseph E. Kennedy
P.O. Box 246 Claxton 30417
5
Joe Burton
2598 Woodwardia Rd., NE Atlanta 30345
6
Riley Reddish
Cherokee Lake Jesup 31545
7
Ed Perry
Route 2 Nashville 31639
8
Loyce W. Turner
608 Howellbrook Dr. Valdosta 31601
9
R. T. (Tom) Phillips
1703 Pounds Rd. Stone Mountain 30087
10
Paul Trulock
P.O. Box 70 Climax 31734
11
Jimmy Hodge Timmons
132 Woodlawn
Blakely 31723
12
Al Holloway
P.O. Box 588 Albany 31702
13
Rooney L. Bowen
Box 417 Vienna 31092
14
Lewis H. (Bud) McKenzie
P.O. Box 565
Montezuma 31063
15
Floyd Hudgins
P.O. Box 12127 Columbus 31907
16
Ted J. Land
1069 Standing Boy Court Columbus 31904
17
Janice S. Horton
430 Burke Circle McDonough 30253
18
Ed Barker
P.O. Box KK Warner Robins 31099
19
Ronnie Walker
P.O. Box 461 McRae 31055
20
Hugh M. Gillis, Sr
P.O. Box 148 Soperton 30457
21
Bill English
214 Golf Dr. Swainsboro 30401
MEMBERS OF THE GENERAL ASSEMBLY
5599
22
Thomas F. Allgood
P.O. Box 1523
Augusta 30903
23
Jimmy Lester
Bnkers First Federal Savings
Bldg.
985 Broad St.
Augusta 30901-1297
24
Sam P. McGill
P.O. Box 520
Washington 30673
25
Culver Kidd
P.O. Box 370
Milledgeville 31061
26
Richard L. Greene
Suite 517, Trust Co. Bank
Bldg.
Macon 31201
27
W. F. (Billy) Harris
1261 Willingham Springs Rd. Thomaston 30286
28
Kyle Cobb
P.O. Box 1010
Griffin 30224
29
J. Render Hill
P.O. Box 246
Greenville 30222
30
Wayne Garner
7034 W. Broad St.
Douglasville 30134
31
Nathan Dean
340 Wingfoot St. Rockmart 30153
32
Joe Thompson
P.O. Box 1045
Smyrna 30081
33
Roy E. Barnes
Suite 225, 166 Anderson St.
Marietta 30060
34
Bev Engram
749 Pinehurst Dr.
P.O. Box 908
Fairburn 30213
35
Frank E. Coggin
1705 Virginia Ave.
College Park 30337
36
David Scott
190 Wendell Dr. SE
Atlanta 30315
37
Carl Harrison
P.O. Box 1374
Marietta 30061
38
Horace E. Tate
621 Lilia Dr., SW Atlanta 30310
39
Julian Bond
361 West View Dr., SW
Atlanta 30310
40
Paul D. Coverdell
2015 Peachtree Rd., NE
Atlanta 30309
41
James W. (Jim) Tysinger
3781 Watkins Place NE
Atlanta 30319
42
Pierre Howard
500 Fidelity National Bank
Bldg.
Decatur 30030
43
. Thomas R. Scott
2887 Alameda Trail Decatur 30034
44
Terrell Starr
4766 Tanglewood Lane Forest Park 30050
5600
45 46 47 48
49 50 51 52 53 54 55 56
MEMBERS OF THE GENERAL ASSEMBLY
Harrill L. Dawkins Paul C. Broun M. Parks Brown Donn M. Peevy
J. Nathan Deal John C. Foster Max Brannon Edward Hine, Jr Waymond C. Huggins W. W. (Bill) Fincher, Jr. . .. Lawrence (Bud) Stumbaugh . Haskew H. Brantley, Jr
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
MEMBERS OF THE GENERAL ASSEMBLY
5601
COUNTY
Appling Atkinson Bacon Baker Baldwin Banks Barrow Bartow Ben Hill Berrien Bibb Bleckley Brantley Brooks Bryan Bulloch Burke Butts Calhoun Camden Candler Carroll Catoosa Charlton Chatham Chattahoochee Chattooga Cherokee Clarke Clay Clayton Clinch Cobb Coffee Colquitt Columbia Cook Coweta Crawford Crisp Dade Dawson Decatur DeKalb Dodge Dooly Dougherty Douglas Early Echols Effingham Elbert
GEORGIA HOUSE OF REPRESENTATIVES
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 2 & 3 150 & 151 122/128 112 & 130 5 8 & 10 13, 67 & 68 131 72 150 20 & 21
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 82 155 & 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 & 109 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
5602
MEMBERS OF THE GENERAL ASSEMBLY
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 Tattnall
House Distrct
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
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
House District
112 118 & 137
131 142 & 143 &
144 138 & 146 120 & 153
4 120 77 & 81 117 & 136 104 4 79 1 & 5 65 150 & 151 82 107 153 130 120 11 3 & 6 117 82 104 136
MEMBERS OF THE GENERAL ASSEMBLY
5603
MEMBERS OF GEORGIA HOUSE OF REPRESENTATIVES ALPHABETICALLY ARRANGED ACCORDING TO NAMES,
WITH DISTRICTS AND ADDRESSES FOR THE TERM 1983-84
District
Representative
56 36 79 21-Post 1 57-Post 3 127
8-Post 1 68 57-Post 1 21-Post 3 156 72-Post 5 140 108
Betty Aaron G. D. Adams Marvin Adams Fred Aiken Dean Alford Roy L. Allen Wendell T. Anderson, Sr.. Bob Argo Troy A. Athon Bill Atkins Dean G. Auten Frank I. Bailey, Jr Ralph J. Balkcom Emory E. Bargeron
90 10 59 148 72-Post 2 38
Travis Stanley Barnes, Sr. Bill H. Barnett O. M. (Mike) Barnett James M. Beck Jimmy W. Benefield Lorenzo Benn
Address
.3920 Johns Hopkins Ct. Decatur 30034 .3417 Northside Dr. Hapeville 30354 .709 Greenwood Rd. Thomaston 30286 . 4020 Pineview Dr., SE Smyrna 30080 . 20 Willowick Dr. Lithonia 30058 . 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 . 579 Fielding Lane SW Atlanta 30311
5604
MEMBERS OF THE GENERAL ASSEMBLY
104 94 30 138 137 91 34 88 154 95 20-Post 2 153-Post 2 16 146 133 129 89 15-Post 1 53 55 13-Post 1 23 118
4-Post 1 87
Kenneth W. (Ken) Birdsong Sanford D. Bishop, Jr Paul Bolster Henry Bostick Paul S. Branch, Jr Claude A. Bray, Jr Tyrone Brooks George M. Brown Joe E. Brown Thomas B. Buck III A. L. (Al) Burruss Roger C. Byrd Tom Caldwell Hanson Carter Tommy Chambless George A. Chance, Jr Don Cheeks E. M. (Buddy) Childers Mrs. Mobley (Peggy) Childs Betty J. Clark Louie Max Clark . Luther S. Colbert Terry L. Coleman . Carlton H. Colwell Jack Connell
Route 1 Gordon 31031 P.O. Box 709 Columbus 31902 .660 Woodland Ave., SE Atlanta 30316 P.O. Box 94 Tifton 31793 .Route 4, Box 499-A Fitzgerald 31750 P.O. Box 549 Manchester 31816 .Station A, P.O. Box 11185 Atlanta 30310-0185 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 .227 E. 11th St. Rome 30161 .808 River Rd. Nashville 31639 P.O. Box 2008 Albay 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
P.O. Box 850 Blairsville 30512 P.O. Box 308 Augusta 30903
MEMBERS OF THE GENERAL ASSEMBLY
5605
20-Post 3 106 40 141
5 150
17
33
45 29 151 74 11-Post 1 73 112 84 22
6-Post 2 97 122 110 63 130 39
Bill Cooper Jesse Copelan, Jr Barbara H. Couch Walter E. Cox John G. Crawford
Bill Cummings
J. C. Daugherty
J. Max Davis Douglas C. Dean
Denny M. Dobbs William J. Dover Wesley Dunn Ward Edwards Warren D. Evans Dorothy Felton Philip A. (Phil) Foster Mary Jane Galer Ron Ginsberg John F. Godbee Bill Goodwin Gerald E. Greene John W. Greer
2432 Powder Springs Rd. Marietta 30064 P.O. Box 109 Eatonton 31024 2864 W. Roxboro Rd. NE Atlanta 30324 202 West St. Bainbridge 31717 Route 1, Box 518 Lyerly 30730 Tom Crosby,70J5r Wacona Dr. Waycross 31501 Route 1 508 Morgan Valley Rd. Rockmart 30153 202 Daugherty Bldg. 15 Chestnut St., SW Atlanta 30314 1177 W. Nancy Creek Dr., NE Atlanta 30319 346 Arthur St., SW Atlanta 30310 Harry D. Dix1o3n03 Coral Rd. Waycross 31501 125 Hardwick Dr. Covington 30209 "Timbrook", Route 2 Clarkesville 30523 P.O. Box 353 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 Lullwater 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 925 Healey Bldg. Atlanta 30303
5606
MEMBERS OF THE GENERAL ASSEMBLY
99 124 31 131
81-Post 2 43 96 72-Post 3 28 116 103 117 11-Post 2 21-Post 2 965 83 123
21-Post 4 70 72-Post 4 76 78 109
Denmark Groover, Jr DeWayne Hamilton Mrs. Grace T. Hamilton.... Bob Hanner
Post 2 Forest Hays, Jr Paul W. Heard, Jr Milton Hirsch C. E. (Ed) Holcomb Bob Holmes
Frank Home
Jack Irvin, Sr Johnny Isakson
Post 3 Neal Jackson William S. (Bill) Jackson .. Diane Harvey Johnson
Frank B. Johnson Gerald Johnson Rudolph Johnson Suzi Johnson Bill Jones Randolph C. (Randy) Karrh
P.O. Box 755 Macon 31202 P.O. Box 14562 Savannah 31406 582 University Place NW Atlanta 30314 Route 1, Box 26 Parrott 31777 W.RGo.ut(eBi8l,l)HHilatostny,DSr.r Canton 30114 Route 2 Flintstone 30725 102 Camp Creek Court Peachtree City 30269 . 2718 Cora Dr. Columbus 31906 P.O. Box 122 Jonesboro 30237 . 2929 Landrum Dr., SW #D-25 Atlanta 30311 GeorPg.eO.HBooxks928 Americus 31709 . 850 Walnut St. Macon 31201 NewRt oHutueds1o, nBox 29-A Rochelle 31079 Route 1, Box 217 Baldwin 30511 .5074 Hampton Farms Dr. Marietta 30067 JePrr.yO.DB. oJxac7k2s7o5n Chestnut Mountain 30502 .316 N. Broad St. Monroe 30655 . 3907 Washington Rd. Martinez 30907 . 1201 E. Duffy St. P.O. Box 5544 Savannah 31414
.436 Concord Rd. Smyrna 30080 P.O. Box 815 Carrollton 30117 .5604 Reynolds Rd. Morrow 30260 P.O. Box 277 Orchard Hill 30266 P.O. Box 3933 Jackson 30233 P.O. Drawer K Swainsboro 30401
MEMBERS OF THE GENERAL ASSEMBLY
5607
42 66 111 27 20-Post 5 49
9-Post 2 72-Post 1 44 67 142 107 102 25
7 57-Post 2 60 26 145 12 15-Post 2 35 155 13-Post 2 61
Thomas M. Kilgore
1992 Tara Cricle Douglasville 30135
E. Roy Lambert Madison 30650
P.O. Box 169
Bob Lane
205 Aldred Ave. Statesboro 30458
Dick Lane
2704 Humphries St. East Point 30344
Terry Lawler .
4887 Mosley Rd. Clarkdale 30020
Tom Lawrence
2283 Stratmor Dr. Stone Mountain 30087
Bobby Lawson
1237 Dixon Circle Gainesville 30501
Bill Lee
5325 Hillside Dr. Forest Park 30050
John Linder
5039 Winding Branch Dr. Dunwoody 30338
Hugh Logan Athens 30601
1328 Prince Ave.
Bobby Long
1466 6th St., NW Cairo 31728
Jimmy Lord
P.O. Box 254 Sandersville 31082
David E. Lucas
448 Woolfoik St. Macon 31201
John M. Lupton Atlanta 30326
3333 Peachtree N
J. C. Maddox
Route 1 Calhoun 30701
William C. (Bill) Mangum, Jr
4320 Pleasant Forest Dr. Decatur 30034
Charles C. Martin Buford 30518
470 Hill St.
Jim Martin Atlanta 30303
Suite 615, 161 S
Hugh D. Matthews
Route 1, Box 913 Moultrie 31768
Lauren (Bubba) McDonald, Jr
Route 5, Dogwood Trail Commerce 30529
Forrest L. McKelvey
104 Hooper St., RFD 1 Lindale 30147
J. E. (Billy) McKinney
765 Shorter Terrace NW Atlanta 30318
N. "Shaw" McVeigh
P.O. Box 1542 Brunswick 31521
Billy Milford
Route 3 Hartwell 30643
Rex A. Millsaps Lawrenceville 30245
737 Nottingham
MEMBERS OF THE GENERAL ASSEMBLY
153-
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
P.O. Box 32 Baxley 31513 Route 2 West Green 31567 3580 Coldwater Canyon Ct. Tucker 30084 150 Meadovista Dr. Griffin 30223
13013 Hermitage Rd. Savannah 31419
P.O. Drawer 1649 LaGrange 30241
P.O. Drawer 1076 Bremen 30110
P.O. Box 237 Glennville 30427
1-
Donald F. Oliver
P.O. Box 386 16 Euclid Ave. Chickamauga 30707
86
Mike Padgett
Route 1, Box 5 Augusta 30906
105
. Bobby Eugene Parham
P.O. Box 606 Milledgeville 31061
149
Robert L. Patten
Route 1, Box 180 Lakeland 31635
2
. Robert G. (Bob) Peters
P.O. Box 550 Ringgold 30736
19
.Boyd Pettit
P.O. Box 1256 Cartersville 30120
125
. Bobby Phillips
9219 Melody Dr. Savannah 31406
120
L. L. (Pete) Phillips
P.O. Box 166 Soperton 30457
93
. W. Randolph Phillips
Route 1 Shiloh 31826
100
Frank C. Pinkston
850 Walnut St P.O. Box 4872
Macon 31208
119
DuBose Porter
125 N. Franklin St. Dublin 31021
135
Howard H. Rainey
913 Third Ave., E Cordele 31015
3
.Tom Ramsey
P.O. Box 1130 Chatsworth 30705
101
. William C. (Billy) Randall
2770 HiUcrest Ave.
Macon 31204
Robert Ray
Route 1, Box 189 Fort Valley 31030
. Henry L. Reaves
Route 2, Box 83 Quitman 31643
MEMBERS OF THE GENERAL ASSEMBLY
5609
50 52 58 82 144 64 32 71 143 37 136 152 92 46 69 20-Post 4 24 128
4-Post 2 113 80
85 115 77 114
Frank L. Redding, Jr
P.O. Box 117 Decatur 30030
Eleanor L. Richardson
755 Park Lane Decatur 30033
Cas Robinson
4720 Fellswood Dr. Stone Mountain 30083
Ben Barron Ross
P.O. Box 245 Lincolnton 30817
A. Richard Royal
311 Boulevard St. Camilla 31730
John D. Russell
P.O. Box 588 Winder 30680
Mrs. Helen Selman
Jones Ferry Rd., Box 315 Palmetto 30268
J. Neal Shepard, Jr
P.O. Box 836 Newnan 30264
Allen Sherrod
Route 1 Coolidge 31738
Georganna Sinkfield
179 Tonawanda Dr., S.E. Atlanta 30315
Earleen Sizemore
Route 3 Sylvester 31791
Tommy Smith
Route 1 Alma 31510
Calvin Smyre
P.O. Box 181 Columbus 31902
Cathey W. Steinberg
1732 Dunwoody Place NE Atlanta 30324
Charles Thomas
P.O. Box 686 Temple 30179
Steve Thompson
4265 Bradley Dr. Austell 30001
Kiliaen V. R. (Kil) Townsend
3390 Peachtree Rd. NE Atlanta 30326
Tom Triplett
P.O. Box 9586 Savannah 31402
Ralph Twiggs
P.O. Box 432 Hiawassee 30546
Ted W. Waddle
113 Tanglewood Dr.
Warner Robins 31093
Kenneth Waldrep
87 N. Lee St Forsyth 31029
Charles W. Walker
1402 Twelfth St. Augusta 30901
Larry Walker
P.O. Box 1234 Perry 31069
J. Crawford Ware
P.O. Box 305 Hogansville 30230
Roy H. (Sonny) Watson, Jr
P.O. Box 1905
Warner Robins 31099
5610
MEMBERS OF THE GENERAL ASSEMBLY
41 132 62 21-Post 5 48
54 6-Post 1 20-Post 1 9-Post 1 51 14 134
Charlie Watts John White Thomas Hulet (Tom) White Tom Wilder Betty Jo Williams Hosea L. Williams Roger Williams Joe Mack Wilson Joe T. Wood Ken Workman Charles W. Yeargin . Mary Young
505 Hardee St. Dallas 30132 P.O. Box 3506 Albany 31706 404 James St. Lilburn 30247 2920 Rockbridge Rd. Marietta 30066 2024 Castleway Dr. NE Atlanta 30345 .8 E. Lake Dr. NE Atlanta 30317 . 132 Huntington Rd. Dalton 30720 .77 Church St. Marietta 30060 .P.O. Drawer 1417 Gainesville 30503 .3383 Hyland Dr. Decatur 30032 P.O. Box 584 Elberton 30635 .423 Holloway Ave. Albany 31705
MEMBERS OF THE GENERAL ASSEMBLY
MEMBERS OF GEORGIA HOUSE OF REPRESENTATIVES
FOR THE TERM 1983-84 BY DISTRICTS AND ADDRESSES
5611
District
Representative
Address
1-Post 1
I2 3 4-Post 1 4-Post 2 5 6-Post 1 6-Post 2 7 8-Post 1 899-Post 2 9-Post 3 10 II11-Post 2 12 13-Post 1 13-Post 2
Donald F. Oliver
P.O. Box 386
16 Euclid Ave.
Chickamauga 30707
Post 2 Forest Hays,RJorute 2
Flinstone 30725
Robert G. (BoPb.O) .PeBtoexrs550
Ringgold 30736
Tom Ramsey P.O. Box 1130
Chatsworth 30705
Carlton H. Colwell
P.O. Box 850
Blairsville 30512
Ralph Twiggs
P.O. Box 432
Hiawassee 30546
John G. Crawford
Route 1, Box 518
Lyerly 30730
Roger Williams
132 Huntington Rd.
Dalton 30720
Philip A. (Phil) Foster
411 College Dr. Apt E 16
Dalton 30720
J. C. Maddox
Route 1
Calhoun 30701
Wendell T. Anderson, Sr
RFD 4
Canton 30114
Poast 2.... W. G. (Bill)RHouatsety8,,SHr ilton Dr.
Canton 30114
Post 1 Joe T. WooPd.O. Drawer 1417
Gainesville 30503
Bobby Lawson
1237 Dixon Circle
Gainesville 30501
Jerry D. Jackson
P.O. Box 7275
Chestnut Mountain 30502
Bill H. Barnett
P.O. Box 755
Cumming 30130
Post 1 William J. "DToivmebr rook", Route 2
Clarkesville 30523
Jack Irvin, Sr
Route 1, Box 217
Baldwin 30511
Lauren (Bubba) McDonald, Jr.
Route 5, Dogwood Trail
Commerce 30529
Louie Max Clark
RFD 2
Danielsville 30633
Billy Milford
Route 3
Hartwell 30643
5612
MEMBERS OF THE GENERAL ASSEMBLY
14 15-Post 1 15-Post 2 16 17
18 19 20-Post 1 20-Post 2 20-Post 3 20-Post 4 202121-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
Joe Mack Wilson A. L. (Al) Burruss Bill Cooper Steve Thompson
Post 5 Post 1 Johnny Isakson Bill Atkins Frank B. Johnson Tom Wilder
P.O. Box 584 Elberton 30635 15 Kirkwood St. Rome 30161 104 Hooper St., RFD 1 Lindale 30147 Tom Caldwell Rome 30161 Bill Cummings Rd. Rockmart 30153 Thomas B. Murphy Bremen 30110
Boyd Pettit Cartersville 30120
77 Church St. Marietta 30060 P.O. Box 6338 Marietta 30065
2432 Powder Springs Rd. Marietta 30064
4265 Bradley Dr. Austell 30001
Terry Lawler Clarkdale 30020
Fred Aiken Smyrna 30080
5074 Hampton Farms Dr. Marietta 30067
4719 Windsor Dr. Smyrna 30080
436 Concord Rd. Smyrna 30080
2920 Rockbridge Rd. Marietta 30066
Dorothy Felton Atlanta 30328
Luther S. Colbert Roswell 30076
Kiliaen V. R. (Kil) Townsend Atlanta 30326
John M. Lupton Atlanta 30326
Jim Martin Atlanta 30303
Dick Lane East Point 30344
Bob Holmes Atlanta 30311
Douglas C. Dean Atlanta 30310
227 E. 11 Route jfl P.O. Dra P.O. Box
4887 M 4020 P
465 Tan 495 Hou 3390 Pe 3333 Pe Suite 61 2704 H 2929 La 346 Ar
MEMBERS OF THE GENERAL ASSEMBLY
5613
30
Paul Bolster
660 Woodland Ave., SE
Atlanta 30316
31
Mrs. Grace T. Hamilton
582 University Place NW
Atlanta 30314
32
Mrs. Helen Selman
Jones Ferry Rd., Box 315
Palmetto 30268
33
J. C. Daugherty
202 Daugherty Bldg.
15 Chestnut St. SW
Atlanta 30314
34
Tyrone Brooks
Station A, P.O. Box 11185
Atlanta 30310-0185
35
J. E, (Billy) McKinney
765 Shorter Terrace NW
Atlanta 30318
36
G. D. Adams
3417 Northside Dr.
Hapeville 30354
37
Georganna T. Sinkfield
179 Tonawanda Dr., S.E.
Atlanta 30315
38
Lorenzo Benn
579 Fielding Lane SW
Atlanta 30311
39
John W. Greer
925 Healey Bldg.
Atlanta 30303
40
Barbara H. Couch
2864 W. Roxboro Rd. NE
Atlanta 30324
41
Charlie Watts
505 Hardee St.
Dallas 30132
42
Thomas M. Kilgore
1992 Tara Circle
Douglasville 30135
43
Paul W. Heard, Jr
102 Camp Creek Court
Peachtree City 30269
44
John Linder
5039 Winding Branch Dr.
Dunwoody 30338
45
J. Max Davis
1177 W. Nancy Creek Dr. NE
Atlanta 30319
46
Cathey W. Steinberg
1732 Dunwoody Place NE
Atlanta 30324
47
. Chesley V. Morton, Jr
3580 Coldwater Canyon Ct.
Tucker 30084
48
. Betty Jo Williams
2024 Castleway Dr. NE
Atlanta 30345
49
. Tom Lawrence
2283 Stratmor Dr.
Stone Mountain 30087
50
Frank L. Redding, Jr
P.O. Box 117
Decatur 30030
51
Ken Workman
3383 Hyland Dr.
Decatur 30032
52
.Eleanor L. Richardson
755 Park Lane
Decatur 30033
53
. Mrs. Mobley (Peggy) Childs
520 Westchester Dr.
Decatur 30030
54
. Hosea L. Williams
8 E. Lake Dr. NE
Atlanta 30317
5614
MEMBERS OF THE GENERAL ASSEMBLY
55
56
57-Post 1 Troy A. Athon
57-Post 2 William C. (Bill) Mangum, Jr.
57-Post 3 Dean Alford
58 59
60
61
62
63
64
65
66
67
68
69
70
71
72-Post 1 Bill Lee
72-Post 2 Jimmy W. Benefield
72-Post 3 C. E. (Ed) Holcomb
72-Post 4 Rudolph Johnson
72-Post 5 73
Frank I. Bailey, Jr Wesley Dunn
PB.Oe.ttByoJx. 1C7l8a5r2k Atlanta 30316 3B92e0ttJyohAnasroHnopkins Ct. Decatur 30034
1161 Valley Dr. NE Conyers 30207 4320 Pleasant Forest Dr. Decatur 30034 . 20 Willowick Dr. Lithonia 30058 .47C2a0sFRelolsbwinosoodn Dr. Stone Mountain 30083 . 14072. MRi.dg(Mewikoeo)d BDarr.nett Lilburn 30247
.47C0hHarilllesStC. . Martin Buford 30518 .73R7 eNxoAtt.inMghilalsmapDs r. Lawrencevile 30245
.40T4 hJaommeass SHtu. let (Tom) White Lilburn 30247 .64B27illAGppoloedTwriene Way Norcross 30092 ,P.OJ.ohBnoxD5. 8R8ussell Winder 30680
.316NNea. lBJraocakdsoSnt. Monroe 30655 P.OE. . BRooxy 1L69ambert Madison 30650 . 132H8 uPgrhinLceogAavne. Athens 30601 .P.OB. oBboxAr5g0o9 Athens 30603 .P.OC. hBaorxles68T6homas Temple 30179 P.OG. Beroaxld81Jo5hnson Carrollton 30117
. .P.OJ. .BNoxea8l 3S6hepard, Jr Newnan 30264
. .5325 Hillside Dr. Forest Park 30050
.. 6656 Morning Dove Place Jonesboro 30236
. P.O. Box 122 Jonesboro 30237
.. 5604 Reynolds Rd. Morrow 30260
. P.O. Box 777 Riverdale 30274
. P.O. Box 353 McDonough 30253
MEMBERS OF THE GENERAL ASSEMBLY
5615
74
Denny M. Dobbs
125 Hardwick Dr.
Covington 30209
75
John L. Mostiler
150 Meadovista Dr.
Griffin 30223
76
Suzi Johnson
P.O. Box 277
Orchard Hill 30266
77
J. Crawford Ware
P.O. Box 305
Hogansville 30230
78
Bill Jones
P.O. Box 3933 Jackson 30233
79
Marvin Adams
709 Greenwood Rd. Thomaston 30286
80
Kenneth Waldrep
87 N. Lee St.
Forsyth 31029
81
Ed Mullinax
P.O. Drawer 1649
LaGrange 30241
82
Ben Barron Ross
P.O. Box 245
Lincolnton 30817
83
William S. (Bill) Jackson .
3907 Washington Rd.
Martinez 30907
84
Warren D. Evans
P.O. Box 539
Thomson 30824
85
. Charles W. Walker
. 1402 Twelfth St.
Augusta 30901
86
Mike Padgett
Route !, Box 5
Augusta 30906
87
Jack Connell
P.O. Box 308
Augusta 30903
88
. George M. Brown
P.O. Box 1114
Augusta 30903
89
Don Cheeks
.714 Westminster Court
Augusta 30909
90
. Travis Stanley Barnes, Sr.
.407 Aumond Rd.
Augusta 30904
91
Claude A. Bray, Jr
.P.O. Box 549 Manchester 31816
92
Calvin Smyre
P.O. Box 181
Columbus 31902
93
W. Randolph Phillips
Route 1 Shiloh 31826
94
Sanford D. Bishop, Jr.
P.O. Box 709
Columbus 31902
95
Thomas B. Buck III
P.O. Box 196 Columbus 31902
96
Milton Hirsch
. 2718 Cora Dr. Columbus 31906
97
. Mary Jane Galer
.7236 Lullwater Rd. Columbus 31904
98
Robert Ray
Route 1, Box 189 Fort Valley 31030
5616
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
F85r0anWkaCln. uPtinSkt.ston P.O. Box 4872 Macon 31208
W277il0liaHmillCcr.e(sBt iAllvye). Randall Macon 31204
D44a8vWidoEo.lfLoiukcSast. Macon 31201
.8F5r0anWk aHlnourtnSe t. Macon 31201
RKoeuntene1th (Ken) W. Birdsong Gordon 31031
.PB.Oob. bByoxEu6g0e6ne Parham Milledgeville 31061
PJ.Oes.seBoCxop1e0l9an, Jr Eatonton 31024
PJ.iOm. mByoxLo25rd4 Sandersville 31082
PE.Om.oBryoxE4. 4B7argeron 202 E. Fifth St. Louisville 30434
PR.Oa.ndDorlapwherC.K(Randy) Karrh Swainsboro 30401
.4J01ohLnanFe. GSto.dbee Brooklet 30415
. 2B05obAlLdarnede Ave. Statesboro 30458
PW.Oa. rBdoExd1w46ards Butler 31006
. 1T13edTaWng.leWwaododdleDr. Warner Robins 31093
PR.Oo.yBHox. (1S9o0n5ny) Watson, Jr. Warner Robins 31099
PL.Oa.rrByoxW1a2l3k4er Perry 31069
PG.Oe.oBrgoex H92o8oks Americus 31709
.RNouetwe t1H, Buodxso2n9-A Rochelle 31079
P.TO.erBryoxL1. 5C7oleman Eastman 31023
. 12D5 uNB.oFseraPnkolritnerSt. Dublin 31021
,P.LO.. LB.ox(P1e6t6e) Phillips Soperton 30457
P.COl.inBtooxn 2O3l7iver Glennville 30427
PS.aROv.aonnBnoGaxhin13s01b14e01r52g
MEMBERS OF THE GENERAL ASSEMBLY
5617
123
Diane Harvey Johnson
124
DeWayne Hamilton . . .
125
Bobby Phillips
126
Anne Mueller
127
Roy L. Allen
128
Tom Triplett
129
George A. Chance, Jr.
130
Gerald E. Greene
131
Bob Hanner
132
John White
133
Tommy Chambless...
134
Mary Young
135
Howard H. Rainey ...
136
Earleen Sizemore ....
137
Paul S. Branch, Jr. . .
138
Henry Bostick
139
James C. Moore
140
. Ralph J. Balkcom....
141
Walter E. Cox
142
. Bobby Long
143
.Allen Sherrod
144
A. Richard Royal
145
Hugh D. Matthews . .
146
Hanson Carter
147
Henry L. Reaves
. 1201 E. Duffy St. P.O. Box 5544 Savannah 31414 . P.O. Box 14562 Savannah 31406 .9219 Melody Dr. Savannah 31406 . 13013 Hermitage Rd. Savannah 31419 . 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, Box 26 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 31750 P.O. Box 94 Tifton 31793 Route 2 West Green 31567 Route 1 Blakely 31723 .202 West St. Bainbridge 31717 . 1466 6th St., NW Cairo 31728 Route 1 Coolidge 31738 .311 Boulevard St. Camilla 31730 Route 1, Box 913 Moultrie 31768 .808 River Rd. Nashville 31639 Route 2, Box 83 Quitman 31643
5618
MEMBERS OF THE GENERAL ASSEMBLY
148 149 150 151 152 153-Post 1 153-Post 2 154 155 156
Lundsford Moody Roger C. Byrd
James M. Beck Valdosta 31601
Robert L. Patten Lakeland 31635
Tom Crosby, Jr Waycross 31501
Harry D. Dixon Waycross 31501
Tommy Smith Alma 31510
P.O. Box 32 Baxley 31513
302 N. Rogers St. Hazlehurst 31539
Joe E. Brown Hinesville 31313
Norman "Shaw" McVeigh Brunswick 31521
Dean G. Auten Brunswick 31520
MEMBERS OF THE GENERAL ASSEMBLY
5619
STATUS OF REFERENDUM ELECTIONS FOR THE YEARS
1953 THROUGH 1982
Georgia Law
1963 (Jan./Feb.) 1963 (Nov./Dec.) 1965 1966 1967 1958 1969 1960 1961 1962 1963 1964 1964 Ex. Sess 1965 1966 1967 1968 1969 1970 1971 1971 Ex. Sess. 1972 1973 1974 1975 1975 Ex. Sess. 1976 1977 1978 1979 1980 1981 1982 1983
TOTALS
Election Referendums Results
Proposed Not K HOU'H
14
1
21
5
17
1
39
4
24
45
2
34
47
7
27
38
1
39
1
35
2
9
1
23
3
26
39
48
3
48
3
44
4
43
3
64
1
21
1
25
1
33
1
1
26
13
25
5 22
36
18
943
42
Not Held
2
1 1 1 2 1 1 1 2 6 3 1
2 2 1 3 1 5
1 2 1 1
2
1
4 2
3 49
Final Result
11 16 16 34
23 41 33 39 26 35 33 30
7 20 23 37 44 42 39 38
3 62 18 23 31
1 24 13 24
5 18 8 10 36 15 852
5620
RESULTS OF REFERENDUM ELECTIONS
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U
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REFERENDUM ELECTIONS--1953-1976
3
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MO
RESULTS OF REFERENDUM ELECTIONS
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us III
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5621
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5622
RESULTS OF REFERENDUM ELECTIONS
2023 +C2O 5 6 2 F
^
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Georgia Laws 1953, November-December session:
C>COO%
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5
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5
5
RESULTS OF REFERENDUM ELECTIONS
5623
to
go
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02 4)0 It
CNooaf wo. o*I4 Ofc
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O)
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NOloOeto-NeboW*voOH>HcootoMtoDt^^tMo-OecOooeOo^
IT I I I ! I I I I &&&&&
5624
RESULTS OF REFERENDUM ELECTIONS
Ole<OohOt--OOi OlOC'IOCNe'fOHNli-OC<'UfhOe<toOh-CHOhOWOrl-/wtii'eJf'at"3f PeSrNH NTjHH nto-p53mj PsoeKi3i iCoc'w^f^^oNONNt^O*efo HoThfOOeoIiiOO I I I I I I I I I I I I I c* I I C*C* I I II I EI gg SsSsSs&gBsBsBBggBBsBsSBsBo BgB
W W
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Georgia Laws, MSI:
RESULTS OF REFERENDUM ELECTIONS
5625
3 o m
O
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11111 lo>ioi>iHo>ao
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hioI, bICo bo*ILbIohioI,bIoit
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si a t*S|f5't
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3iSll->g;cSi<? * SsSS liJIiilllllS
5626
RESULTS OF REFERENDUM ELECTIONS
ItCHMCCOO C0M)1C0D
9 3
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Georgia Ltw, It56:
RESULTS OF REFERENDUM ELECTIONS
5627
tiNo-tN>eoli---Hii 3" CoSOolSOoOmHO
a 8
I i I I c M
06 S&SB-JsfeB
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5628
Georgia Laws, 1M7:
RESULTS OF REFERENDUM ELECTIONS
CiOO TCOf w 1! NluOj UChVOSatrN-r n" IawONwO " SiI H^!< PIIi v" Ccmj O> W(.n Hr-i c*
4) 0$
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lol a PB-ip?g E^g ^i1-1a Io kBB ,k AB N^fll 13
;? ** & g &
row,fa
RESULTS OF REFERENDUM ELECTIONS
5629
lH*OH CCOl tICOOMCrOit-ICftOrtH-^trH-OCMOTiO^ rOH
s
I I
at 060&0&0S0&C
NlOOOHti'OCCiCltt-H^HHCNOOiNfOtCCOO'i^lH'^iNOCtCtOtOCOHiW OHt-rtf-HONiinfhtN^OhOcONOj 111111J 1111111T1 o 6 o & o &r & o& o& oS)o&
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Georgia Law, IfS7
5630
RESULTS OF REFERENDUM ELECTIONS
CO CO
HOt-) tCM-
3a4o3 fa
lIOOCOOO.H) ono ' 1tC-O 3w "eJ fa
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0tO0 0tO0 0tO0 0to0 0to0 0to0 04k83 04k83i C4k38l0O0
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otooI f-H
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c0a) poc
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4433
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RESULTS OF REFERENDUM ELECTIONS
V
tH-
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5a>*u-Csr, ,i.'Rui5pf!s2^4")
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5631
H o w* CQ D cw i o
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Georgia Uwg, 1958:
5632
RESULTS OF REFERENDUM ELECTIONS
l0OO8* OCrHOl
a 8 K &S 6<
lO CO I "i
CO
Ol
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fH oIO
0 ) I ^ cic 3
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0*r* Z O WO WO & 0 M
foa
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0HfCcO8-
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0
8
2 0
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0o4
RESULTS OF REFERENDUM ELECTIONS
CO C0O0
HUJNt- ci? J. 2 Pooojoo gjSrS|cfji,H2OJ
9090 ea
l2, p1j,1c2-u ^ iiii> n F o & o 2'*> o o 6o 6}
^ | & fr <! <!
o ^ [3
d OC-itTrOHPCON*t--ttN-H0 Olc.IbCfS#-*sSA | iK 11111 Ml
tfi
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5633
H o w"*
p<9D
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c o
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Georgia Laws, 1958:
5634
Georgia Laws, 19S9:
RESULTS OF REFERENDUM ELECTIONS
0>NHOCOQOtHWOTjO*NlOIMOlOHOC)^OOOOOiCOCOOt>OtOH NH^fHOHil^OifOtOOtH>WitTfHlt^H'Hl0> . I M I M I I I I II I I I I I I I I I I I I I I M I as fa<!fa'<fa'<fa-ijfa <;fa <Jfa<;fa<2fa<!fa <;fa <!fa <&* <fa
RESULTS OF REFERENDUM ELECTIONS
Ut-O a<H
ill
^
N^tOicOaTWfOrJNiOOHNNNOH<0^0fH0>O10t
S9e0o0eo(e0o g-g 1g < *<
1 I I I JJ JJ I I I I I I I I I m 11 Os oUoMomoMohohowoU o&S &g
u u
eM eS olA> 00
is
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5635
H O H
9G+O** 8$0Ca0)
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Georgia Laws, 1959:
5636
RESULTS OF REFERENDUM ELECTIONS
OOCOOOCON^kOHO t0N*0 H0O0ONCO)
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3 <u 95
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<9 71 ! o
RESULTS OF REFERENDUM ELECTIONS
t> '
FF tot~--oooo 2<m
CtoM gMXI| .
?>,'t7oFJ-f.w) ocaotfio-oNoHr-OoioecoqoqMc3ioaow>"ci'5Iri/:2S:,s'C^5iSsoio-,
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5637
H
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Georgia Laws, 1960:
5638
Georgia Laws, 1960:
RESULTS OF REFERENDUM ELECTIONS
9
CtHHO CH05.OO0'O5. iCto>7O0C0^'tO:O.52
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W H W W
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t^-OiOOOOHW05OC0OO0 0Ni5Oi0OO0O0^5l1 loI C b1el1oCb1e^o1bh1el1om b1e
RESULTS OF REFERENDUM ELECTIONS
rHC4O0tt--4d0C,D4,COD^CCOOaOOrOHtO-daOOiO*-O<^O,it--HTOHOOO4O0dfclO-idOdTCjDt-C^-CdD 00 <5> fc- O* HHN^'NOOCOit-HdHOCOS'd'OCH IlOHNHt^NeO--I O
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5639
<SS
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Georgia Law, 1960:
5640
GeoriU Law, 1X1:
g 38
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RESULTS OF REFERENDUM ELECTIONS
tON
Colquitt
1 3041 I City of Moultrie
RESULTS OF REFERENDUM ELECTIONS
9
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RESULTS OF REFERENDUM ELECTIONS
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RESULTS OF REFERENDUM ELECTIONS
5643
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5644
RESULTS OF REFERENDUM ELECTIONS
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Georgia Laws, 1962:
RESULTS OF REFERENDUM ELECTIONS
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5646
Georgia Laws, 1963:
RESULTS OF REFERENDUM ELECTIONS
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RESULTS OF REFERENDUM ELECTIONS
5647
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5648
RESULTS OF REFERENDUM ELECTIONS
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Georgia Laws, IMS:
RESULTS OF REFERENDUM ELECTIONS
5649
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RESULTS OF REFERENDUM ELECTIONS
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RESULTS OF REFERENDUM ELECTIONS
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5652
RESULTS OF REFERENDUM ELECTIONS
0mO}
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Georfia Laws 1972, January/February
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RESULTS OF REFERENDUM ELECTIONS
5653
900 cc
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Georgia Laws 1972, January/February session: Ga. L. 1973, p. 2268 changed date of election.
5654
RESULTS OF REFERENDUM ELECTIONS
9 1
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Georgia Law* 1*72, Januarjr/Febrnarjr oawion:
RESULTS OF REFERENDUM ELECTIONS
5655
_2l5Oo0oOooONoo>ti^OOaCHiN-^i'o<ofOoOno^'HflSN>OnM'lnfeAn>AMeaN(oOoHC-<5HooN^M hlOiHoNm if<iooeoixatt"oot,0t-1(oKMenHitiN-SNtH-Cmn<nsI)IOH'Sa
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Georgia Laws 1972, January/February session:
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RESULTS OF REFERENDUM ELECTIONS
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5657
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RESULTS OF REFERENDUM ELECTIONS
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RESULTS OF REFERENDUM ELECTIONS
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RESULTS OF REFERENDUM ELECTIONS
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RESULTS OF REFERENDUM ELECTIONS
COUNTY
Appling Atkinson Bacon Baker Baldwin Banks Barrow Bartow Ben Hill .... Berrien Bibb Bleckley .... Brantley .... Brooks Bryan Bulloch Burke Butts Calhoun .... Camden Candler Carroll Catoosa Charlton .... Chatham .... Chattahoochee Chattooga Cherokee .... Clarke Clay Clayton Clinch Cobb Coffee Colquitt .... Columbia . .. Cook Coweta Crawford . .. Crisp Dade Dawson Decatur DeKalb Dodge Dooly Dougherty .. Douglas Early Echols Effingham .. Elbert Emanuel .... Evans Fannin
GENERAL ELECTION
Date 11-5-74
"Common Day of Rest" Act of 1974
Ga. L. 1974, p. 186
Yes
590 274 300 109 1,901 566 1,501 1,704 578 442 8,536 439 189 341 344 1,604 545 786 166 367 187 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
5661
No
692 245 603 253 1,989 709 1.830 2,407 1,127 1,142 12,667 888 303 916 447 2,441 797 929 429 430 231 4,391 1,424 198 12,039 116 1,281 2.830 4,853 242 10,231 379 21,237 1,493 2,701 1,687 978 2,470 455 1,303 317 199 958 40,882 1,835 684 8,146 2,815 1,084
74 1,039 1,765 1,353
676 729
5662
COUNTY
Fayette Floyd Forsyth Franklin ... Fulton ... . Gilmer Glascock ... Glynn Gordon . -- Grady Greene Gwinnett Habersham . Hall .r Hancock -- Haralson Harris Hart Heard Henry Houston ... Irwin Jackson ... Jasper Jeff Davis . Jefferson Jenkins Johnson Jones Lamar Lanier Laurens .. . Lee Liberty .... Lincoln .... Long Lowndes ... Lumpkin Macon Madison ... Marion McDuffie .. McIntosh Meriwether . Miller Mitchell ... Monroe .... Montgomery Morgan Murray Muscogee .. Newton Oconee Oglethorpe . Paulding ... Peach Pickens .... Pierce Pike Polk Pulaski .... Putnam ....
RESULTS OF REFERENDUM ELECTIONS
Yes
1,752 5,764 1,415
513 56,902
674 96 2,067 1,477 524 962 8,846 1,215 5,111 363 1,289 908 420 351 2,125 4,338 285 2,166 352 250 405 279 373 826
748 115 1,839 410 385 236 149 2,069 1,043 541 731 167 707 508 1,501
83 697 906 206 791 414 10,456 1,832 848 698 1,350 874 536 311 652 1,973 430 565
No
2,153 7,222 1,576 1,502 38,497
825 201 2,658 1,428 1,273 1,101 10,024 1,281 3,714 503 1,616 1,322 1,408 417 2,638 5,170 676 2,042 493 522 1,380 489 990 1,147
855 290 3,649 837 567 565 254
3,382 504
765 883
368 1,336
418 1,520
210
1,688 1,058
611 1,186
492 12,112 2,364
877 684 1,643 1,339 443 540 713 2,009 666 545
RESULTS OF REFERENDUM ELECTIONS
COUNTY
Quitman .. Rabun Randolph . Richmond . Rockdale .. Schley .... Screven ... Seminole . Spalding . .
Stephens . . Stewart Sumter ... Talbot Taliaferro Tattnall Taylor Telfair Terrell Thomas ... Tift Toombs . . . Towns Treutlen .. Troup Turner . .. Twiggs . . . Union Upson Walker ... Walton . . . Ware Warren . . . Washington Wayne Webster Wheeler White .... Whitfield Wilcox .. . Wilkes Wilkinson Worth
TOTAL
Yes
85 618 334 7,477 1,811 117 514 309 2,867 698 183 1,119 320 70 484 520 359 456 1,315 940 975 535 333 2,550 334 427 1,330 2,145 2,104 1,397 1,363 173 1,035 660 99 257 941 2,030 239 439 395 423
434,559
5663
No
142 701 790 11,596 2,032 171 740 588 3,258 1,673 329 1,925 326 192 960 741 977 1,062 2,173 1,716 1,640 247 630 3,831 870 696 548 2,115 2,264 1,786 1,910 364 2,037 1,118 127 698 562 2,274 759 1,531 765 1,203
363,947
Footnote: The Common Day of Rest Act of 1974 was declared unconstitutional in
part by the Georgia Supreme Court in Rutledge v. Gavlord's, Inc., 233 Ga. 694
decided February 13, 1975.
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5664
RESULTS OF REFERENDUM ELECTIONS
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5668
RESULTS OF REFERENDUM ELECTIONS
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5669
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5670
RESULTS OF REFERENDUM ELECTIONS
Referendum Election Results: Acts of the 1978 Session of the General Assembly
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Referendum Election Results: Acts of the 1979 Session of the General Assembly
RESULTS OF REFERENDUM ELECTIONS
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5671
Referendum Election Results: Acts of the 1980 Session of the General Assembly
5672
RESULTS OF REFERENDUM ELECTIONS
RESULTS OF REFERENDUM ELECTIONS
Referendum Election Results: Acts of the 1981 Session of the General Assembly To be held same date as the 1982 General Primary Election
5673
5674
RESULTS OF REFERENDUM ELECTIONS
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Referendum Election Results: Acts of the 1982 Session of the General Assembly These are 1981 laws that were required to be held in 1982.
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0055 o u 3 o
RESULTS OF REFERENDUM ELECTIONS
Referendum Election Results: Acts of the 1982 Session of the General Assembly These are 1981 laws that were required to be held in 1982.
5675
5676
Referendum Election Results: Acts of the 1982 Session of the General Assembly
RESULTS OF REFERENDUM ELECTIONS
Referendum Election Results: Acts of the 1982 Session of the General Assembly
RESULTS OF REFERENDUM ELECTIONS
5677
Referendum Election Results: Acts of the 1983 Session of the General Assembly
5678
RESULTS OF REFERENDUM ELECTIONS
Referendum Election Results: Acts of the 1983 Session of the General Assembly
RESULTS OF REFERENDUM ELECTIONS
5679
5680
RESULTS OF REFERENDUM ELECTIONS
0005
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Referendum Election Results: Acts of the 1983 Session of the General Assembly
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For any information regarding these ACTS and RESOLUTIONS please contact:
MAX CLELAND Secretary of State
UNIVERS TY OF GEORGIA L BRAR El
3 2
3250 7140
DOES NOt ClWCULAIfc