OCT 15 1985
-'UtUivic.w I b
*!GA LIBRARIES
'
L-
COMPILERS NOTE
General Acts and Resolutions of the 1985 session will
be found in volume one beginning at page one. There were
no proposed amendments to the Constitution passed at the
1985 session. This volume is bound separately.
Local and special acts and resolutions are grouped in
volume two beginning at page 3501. Revisions and amend-
ments of municipal charters made pursuant to the Municipal
Home 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 5203. Home Rule Actions by Counties filed
in the office of the Secretary of State during 1984 are printed
in volume-two beginning at page 5157.
There are no numbered pages between 1784 and page
3501.
The indexes are printed in each volume and cover materi-
als 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.
LOCAL AND SPECIAL
ACTS AND RESOLUTIONS
OF THE
GENERAL
ASSEMBLY
OF THE
STATE OF GEORGIA
1985
Compiled and Published by Authority of the State
Volume II
LMOl
ins
GEORGIA LAWS 1985
TABLE OF CONTENTS
VOLUME ONE
Acts by NumbersPage References ...................................vi
Bills and ResolutionsAct Number References .......................xiv
Acts and Resolutions of General Application........................1
Vetoes by the Governor ..............................................I
Appellate CourtsPersonnel ........................................Ill
Superior CourtsPersonnel and Calendars ...........................Ill
IndexTabular ....................................................XIII
IndexGeneral ......................................................LV
Population of Georgia CountiesAlphabetically ................CXXIX
Population of Georgia CountiesNumerically ...................CXXXII
Georgia Senatorial Districts, Alphabetically by County .......CXXXIV
Georgia Senators, Alphabetically by Name .....................CXXXVI
Georgia Senators, Numerically by District ..................CXXXVIII
Georgia House Districts, Alphabetically by County ..............CXLI
Georgia Representatives, Alphabetically by Name ................CXLIII
Georgia Representatives, Numerically by District ..................CLI
Status of Referendum Elections.................................. CLIX
TABLE OF CONTENTS
VOLUME TWO
Acts by NumbersPage References ...................................vi
Bills and ResolutionsAct Number References .......................xiv
Acts and Resolutions of Local Application ...................... 3501
County Home Rule Actions .........................................5157
Municipal Home Rule Actions ..................................... 5203
Vetoes by the Governor ..............................................I
Appellate CourtsPersonnel ........................................Ill
Superior CourtsPersonnel and Calendars ...........................Ill
IndexTabular ....................................................XIII
IndexGeneral .................................................... LV
Population of Georgia CountiesAlphabetically ................CXXIX
Population of Georgia CountiesNumerically .....................CXXXII
Georgia Senatorial'Districts, Alphabetically by County .........CXXXIV
Georgia Senators, Alphabetically by Name .......................CXXXVI
Georgia Senators, Numerically by District ....................CXXXVIII
Georgia House Districts, Alphabetically by County ..............CXLI
Georgia Representatives, Alphabetically by Name ................CXLIII
Georgia Representatives, Numerically by District ..................CLI
Status of Referendum Elections................................... CLIX
v
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
Page
261
3609
3615
3626
265
3633
266
279
281
3644
3646
3649
3651
3653
3655
3657
3659
3661
3663
3665
3673
3702
3704
3706
3708
282
3710
3712
3714
3719
3721
3723
3728
3730
3732
3735
3737
3739
3741
3743
3771
3773
3775
3778
3780
3782
3784
ACTS BY NUMBERS, PAGE REFERENCES
Page Act No.
3501 48
1 49
3503 50
2 51
3505 52
146 53
3510 54
149 55
3511 56
3513 57
3516 58
3518 59
3520 60
197 61
202 62
206 63
209 64
3522 65
3531 66
3535 67
3542 68
3549 69
213 70
221 71
3552 72
223 73
224 74
3558 75
228 76
231 77
3561 78
3566 79
232 80
245 81
3569 82
3573 83
3579 84
3581 85
246 86
3584 87
249 88
3600 89
251 90
252 91
258 92
3603 93
3605 94
vi
Act No.
Act No.
Page
Page
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
3786 147 3923
3788 148 3925
3790 149 3928
3792 150 3930
3794 151 3932
3796 152 3934
3798 153 3936
3800 154 3938
3802 155 3940
3806 156 3942
3810 157 3945
3812 158 3955
3815 159 3957
3817 160 3959
3818 161 3962
3820 162 3964
3826 163 3966
3829 164 354
3831 165 3972
3833 166 3974
3835 167 3976
3839 168 3978
3841 169 3980
3843 170 3983
3845 171 3985
3847 172 3987
3849 173 3989
3855 174 3992
3857 175 3995
3860 176 3997
3862 177 3999
3864 178 4001
3867 179 4003
3869 180 4007
283 181 4009
3871 182 4028
3873 183 4031
3879 184 4036
3883 185 4038
3886 186 4040
3888 187 4072
3890 188 4075
3892 189 4078
3895 190 4080
3904 191 355
3906 192 356
3908 193 360
3911 194 4082
3914 195 .380
3916 196 4086
352 197 4088
3921 198 4090
vii
Act No.
Page Act No.
Page
199
200
201
202
203
204
205
206
207
208
209
210
211
212
213
214
215
216
217
218
219
220
221
222
223
224
225
226
227
228
229
230
231
232
233
234
235
236
237
238
239
240
241
242
243
244
245
246
247
248
249
250
.4094 251 ..........................4220
. 384 252 ..........................4227
. 4104 253 ..........................4230
.4106 254 ......................... 4232
.4112 255 ..........................4234
.4117 256 ..........................4235
.4119 257 ..........................4239
.4121 258 ......................... 4246
. 388 259 ..........................4248
.4126 260 ..........................4250
.4130 261 ..........................4255
.4132 262 ..........................4258
.4134 263 ..........................4260
. 4136 264 ........................ 4262
.4138 265 ..........................4268
.4140 266 ......................... 4271
.4144 267 ..........................4273
. 390 268 ..........................4274
.4146 269 ..........................4277
.4148 270 ..........................4279
.4150 271 ..........................4281
391 272...........................4283
.4152 273 ..........................4286
.4154 274 ..........................4317
.4156 275 ..........................4323
.4158 276 ..........................4327
.4160 277 ......................... 4329
4162 278 ..........................4331
4164 279 ..........................4334
.4165 280 ..........................4337
4169 281 ..........................4343
4171 282 ..........................4345
4173 283 ......................... 4348
4175 284 ..........................4363
4177 285 ..........................4365
4179 286 ..........................4367
4182 287 ..........................4369
4183 288 ..........................4371
4186 289 ..........................4375
4188 290 ..........................4377
4193 291 ..........................4403
4198 292 ..........................4406
4200 293 ...........................44H
4202 294 ..........................4413
4205 295 ..........................4419
4207 296 ..........................4422
4208 297 ..........................4424
4210 298 ..........................4427
4212 299 ..........................4429
4214 300 ........................^4433
4216 301 ..........................4435
4218 302 ..........................4437
viii
Act No.
Act No.
Page
Page
303
304
305
306
307
308
309
310
311
312
313
314
315
316
317
318
319
320
321
322
323
324
325
326
327
328
329
330
331
332
333
334
335
336
337
338
339
340
341
342
343
344
345
346
347
348
349
350
351
352
353
354
4439
4441
4444
4447
4450
4452
4453
405
4455
4458
4460
4462
4464
4466
4468
4470
4472
4475
4477
4479
4481
4487
4490
4493
4501
4503
4504
4506
4508
4512
4513
4516
4518
4520
4523
4526
4529
4532
4534
4536
4538
4541
4543
4547
4552
4554
4556
4562
4563
4565
4567
4569
355
356
357
358
359
360
361
362
363
364
365
366
367
368
369
370
371
372
373
374
375
376
377
378
379
380.
381
382
383
384
385
386
387
388
389
390
391
392
393
394
395
396
397
398
399
400
401
402
403
404
405
406
ix
4571
4573
4578
4580
4584
4585
4587
4589
4591
406
407
409
411
413
414
416
417
419
420
424
425
427
428
430
432
.434
437
440
441
447
448
450
455
456
458
464
465
467
468
469
476
484
485
486
489
491
493
494
496
511
512
514
Act i
407
408
409
410
411
412
413
414
415
416
417
418
419
420
421
422
423
424
425
426
427
428
429
430
431
432
433
434
435
436
437
438
439
440
441
442
443
444
445
446
447
448
449
450
451
452
453
454
455
456
457
458
Page
4754
4756
4760
4768
4770
4777
4781
4783
4798
4800
4802
4808
4814
4816
4819
4823
4830
4832
4834
4836
4841
4844
4846
4866
4869
4871
4873
4875
4877
4879
4882
4894
4902
4911
4915
4918
4925
4930
4932
4934
4936
4938
4944
4946
4965
4967
4969
4971
4973
4975
4985
5003
Page
Act No.
516 459
517 460
518 461
520 462
522 463
524 464
527 465
536 466
537 467
539 468
544 469
546 470
547 471
549 472
550 473
552 474
554 475
556 476
558 477
4593 478
4596 479
4598 480
4603 481
4611 482
4620 483
4624 484
4635 485
4641 486
4643 487
4650 488
4653 489
4658 490
4660 491
4663 492
4666 493
4668 494
4671 495
4673 496
4681 497
4698 498
4701 499
4714 500
4720 501
4727 502
4731 503
4736 504
4741 505
4743 506
4745 507
4747 508
614 509
4749 510
x
Act i
511
512
513
514
515
516
517
518
519
520
521
522
523
524
525
526
527
528
529
530
531
532
533
534
535
536
537
538
539
540
541
542
543
544
545
546
547
548
549
550
551
552
553
554
555
556
557
558
559
560
561
562
Page
758
782
785
797
801
818
819
823
825
827
829
843
856
863
868
869
871
873
875
877
879
882
883
886
887
888
891
894
898
900
901
905
906
912
913
926
931
932
935
936
938
947
949
952
963
973
975
979
982
983
984
985
Act No.
Page
5006 563
5008 564
5020 565
5030 566
5053 567
5078 568
5087 569
616 570
617 571
619 572
620 573
624 574
625 575
627 576
628 577
630 578
632 579
636 580
637 581
642 582
643 583
645 584
648 585
650 586
656 587
657 588
658 589
660 590
662 591
665 592
5100 593
5103 594
668 595
669 596
672 597
675 598
677 599
691 600
692 601
693 602
696 603
698 604
700 605
704 606
708 607
721 608
723 609
727 610
739 611
744 612
745 613
753 614
xi
Act No.
Page
Act No.
Page
615
616
617
618
619
620
621
622
623
624
625
626
627
628
629
630
631
632
633
634
635
636
637
638
639
640
641
642
643
644
645
646
647
648
649
650
651
652
653
654
655
656
657
658
659
660
661
662
663
664
665
666
. 987 667 1182
. 989 668 1183
. 990 669 1184
994 670 1185
. 996 671 1186
. 998 672 1190
. 999 673 1192
. 1000 674 1219
. 1002 675 1224
. 1003 676 1227
. 1008 677 1236
. 1024 678 1239
. 1033 679 1241
. 1034 680 1243
.1036 681 ..........................1247
. 1039 682 1250
. 1042 683 1253
. 1043 684 1256
. 1047 685 1257
. 1053 686 1259
. 1054 687 1262
. 1055 688 1265
. 1057 689 1271
. 1073 690 1276
.1075 691 ..........................1278
. 1077 692 1279
. 1079 693 1281
1087 694 1283
1092 695 1302
1097 696 1310
1104 697 1312
1105 698 1313
1107 699 1316
1110 700 1318
1113 701 1322
1115 702 1328
1117 703 1331
1118 704 1334
1120 705 1339
1121 706 1341
1122 707 1348
1126 708 1350
1128 709 1357
1130 710 1359
1131 711..........................1360
1133 712 1390
1134 713 1391
1139 714 1393
1143 715 1394
1175 716 1395
1177 717 1398
1178 718 1399
xii
Act No.
Page
Act No.
Page
719
720
721
722
723
724
725
726
727
728
729
730
731
732
733
734
735
736
737
738
739
740
741
742
743
744
1403 745 1491
1406 746 1492
1408 747 1493
1411 748 1499
1413 749 1506
1416 750 1508
1417 751 1511
1419 752 1515
1421 753 1517
1423 754 5106
1424 755 1521
1426 756 5111
1430 757 5113
1436 758 5140
1444 759 5143
1446 760 5147
1447 761 1624
1453 762 1632
1461 763 1638
1463 764 1642
1465 765 1644
1467 766 1647
1469 767 1649
1472 768 1650
1483 769 1654
1485 770 1657
RESOLUTIONS BY NUMBER, PAGE REFERENCES
Res. Act No. Page
1 ......................... 256
2 ......................... 319
3 ......................... 321
4 ........................ 322
5 ........................ 324
6 ........................ 325
7 ........................ 327
8 ........................ 328
9 ........................ 331
10 ......................... 335
11 ......................... 338
12 ......................... 339
13 ......................... 342
14 ......................... 347
15 ......................... 350
16 ......................... 351
17 ......................... 559
Res. Act No. Page
18 ........................ 561
19 ........................ 562
20 ........................ 563
21 ........................ 564
22 ........................ 566
23 ........................ 567
24 ........................ 568
25 ........................ 569
26 ........................ 571
27 ........................ 575
28 ........................ 576
29 ........................ 577
30 ........................ 579
31 ........................ 581
32 ........................ 582
33 ........................ 583
34 ........................ 586
Res. Act No. Page
35 ......................... 589
36 ......................... 590
37 ......................... 592
38 ......................... 594
39 ........................ 595
40 ......................... 596
41 ......................... 598
42 ......................... 600
43 ......................... 605
Res. Act No. Page
44 ......................... 607
45 ......................... 608
46 ......................... 610
47 ......................... 611
48 ......................... 747
49 ......................... 748
50 ......................... 750
51 ......................... 853
BILLS AND RESOLUTIONSACT NUMBER
REFERENCES
House Bill
Act No. House Bill
Act No.
1
2
3
4
5
6
8
11
13
15
21
22
25
27
31
32
33
35
36
37
43
44
45
48
51
52
53
55
56
68
59
61
4 64 680
578 69 575
579 72 757
547 74 681
580 75 399
581 77 682
670 78 401
582 81 518
671 82 645
18 83 683
562 85 751
129 86 19
583 87 20
672 88 34
584 89 402
673 90 563
674 91 684
675 92 585
49 93 8
56 94 400
48 95 663
57 96 548
676 97 403
677 99 586
662 100 .......................... 5
58 101 587
59 102 60
397 103 61
678 104 62
398 105 63
762 106 64
679 107 65
xiv
108
109
111
115
119
120
125
128
130
131
132
133
134
135
142
144
155
157
159
160
161
162
163
164
165
166
167
168
170
171
172
173
174
177
183
185
188
189
190
191
194
199
200
205
220
221
226
227
228
229
230
231
No.
410
647
589
590
750
591
704
648
fo. 1
566
592
411
593
649
412
567
594
705
595
21
33
6
69
70
71
72
73
664
596
74
130
597
413
520
75
598
193
665
741
9
10
11
12
13
666
76
32
414
650
599
77
Act No.
House Bill
66 235
3 239
404 240
7 244
685 247
686 250
687 252
519 254
688 255
67 256
689 257
690 265
691 266
68 267
564 270
692 271
565 273
405 274
738 277
739 278
14 281
15 282
16 290
17 295
406 297
25 298
30 299
54 301
577 303
693 304
694 305
740 306
695 309
696 311
697 312
698 313
699 314
407 316
700 319
701 320
702 321
408 322
409 323
588 324
549 325
550 327
755 330
763 331
703 340
545 341
2 342
646 343
xv
371
372
373
374
375
378
388
392
393
398
399
402
404
407
409
411
412
413
419
420
421
425
430
431
432
433
434
436
437
438
443
447
448
451
452
456.
461
462
463
464
465
467
468
469
t No.
561
90
713
26
131
572
573
608
132
652
653
609
553
546
714
654
91
133
576
715
92
93
134
94
426
427
208
209
95
96
97
195
98
621
716
99
52
135
136
210
42
428
429
717
100
718
211
101
540
610
719
102
Act No.
House Bill
..... 601 471
.... 29 472
.... 651 474
. Veto No. 3 475
.... 521 482
.... 602 483
.... 764 484
.... 603 485
.... 604 486
.....568 488
..... 569 491
..... 570 494
..... 571 495
..... 706 498
..... 752 501
..... 78 502
..... 667 503
..... 707 504
..... 79 506
..... 80 507
..... 415 508
..... 207 511
..... 708 512
..... 551 519
..... 709 530
..... 81 532
..... 46 533
..... 47 535
..... 82 536
..... 710 537
..... 711 538
..... 765 539
..... 83 541
..... 84 542
..... 85 543
..... 605 544
..... 41 546
..... 43 548
..... 86 550
..... 522 551
..... 668 553
..... 87 554
..... 552 557 .
Veto No. 2 558 .
..... 606 559 .
..... 607 560 .
..... 539 562 .
..... 416 563 .
..... 712 564 .
..... 758 566 .
..... 88 567 .
..... 89 570 .
xvi
581
582
583
584
587
588
589
590
592
593
594
596
597
598
599
600
601
602
603
604
605
606
607
608
609
611
614
616
617
621
622
623
624
625
626
627
628
629
630
632
634
635
636
640
643
645
646
t No.
145
554
724
542
656
222
442
615
725
223
224
225
443
226
616
227
228
444
229
230
231
232
146
233
31
726
40
419
445
727
742
743
446
623
744
147
148
149
150
728
729
234
617
745
420
753
109
158
235
447
o. 4
22
Act No.
House Bill
212 647
103 650
213 653
137 654
430 655
138 656
214 657
622 658
720 659
27 660
139 661
140 662
523 663
104 664
105 665
106 667
141 670
107 671
142 672
108 673
143 674
766 675
611 676
431 677
432 678
433 679
215 680
216 681
434 682
217 683
435 684
612 686
436 691
721 692
218 695
655 697
437 698
722 701
613 702
438 703
219 704
144 707
417 709
418 710
767 711
439 712
440 719
441 720
220 721
614 722
723 723.
221 726
xvii
731
733
735
737
739
740
741
742
743
744
745
747
749
750
751
752
755
756
758
759
760
761
762
764
767
768
769
770
771
772
774
776
778
780
781
782
783
785
791
793
794
798
801
802
803
804
805
Act No.
House Bill
Act No.
110 807 248
159 808 249
160 809 250
161 813........................... 251
162 814 451
163 817 252
768 818 253
164 819 254
165 822 731
166 823 255
448 825 256
449 827 257
167 832 620
236 833 258
237 834 259
618 836 260
238 837 261
168 838 262
111 839 263
169 841 754
51 842 264
170 843 265
112 844 452
171 851 453
172 853 454
746 854 455
239 855 456
730 856 457
113 857 458
151 860 459
152 861 266
153 862 460
154 863 461
155 864 37
156 865............................ 36
544 866 ....................... . 38
173 868 267
174 869 462
240 870 470
241 871 471
543 872 472
450 876 268
35 877 269
619 878 473
421 879 270
242 880 271
243 881 474
244 882 272
245 885 747
246 887 732
247 890 475
xviii
House Bill
Act No.
House Bill
Act No.
893 ........................ 273 965
894 ........................ 476 970
895 ........................ 477 971
896 ........................ 274 973
897 ........................ 463 974
898 ........................ 464 975
899 ........................ 465 976
900 ........................ 466 977
901 ........................ 467 978
902 ........................ 468 979
903 ........................ 469 980
905 ......................... 275 981
907 ........................... 55 982
909 ......................... 478 984
910 ......................... 479 985
912 ......................... 480 986
913 .......................... 53 987
915 ......................... 276 988
916 ......................... 733 989
917 ......................... 748 990
919 ......................... 769 992
920 ......................... 481 993
921 ......................... 482 994
927 ......................... 483 995
928 ......................... 277 996
929 ......................... 484 997
930 ......................... 485 998
933 .......................... 278 999
935 .......................... 486 1000
937 .......................... 487 1001
940 ......................... 669 1002
941 ......................... 279 1003
943 ......................... 280 1006
944 ......................... 488 1009
946 ......................... 281 1010
947 ......................... 282 1011
948 ......................... 283 1012
949 ......................... 489 1013
950 ......................... 284 1014
951 .......................... 285 1015
952 ........................ 490 1016
953 ......................... 491 1017
954 ......................... 286 1018
955 ......................... 287 1019
956 ......................... 492 1020
957 ......................... 288 1024
958 ........................ 289 1025
959 ......................... 290 1026
960 ......................... 291 1027
961 ......................... 493 1028
964 .......................... 157 1029
xix
114
494
292
495
293
294
295
296
496
297
298
299
300
50
301
497
302
498
499
501
303
500
502
304
305
194
503
306
307
504
308
309
310
759
311
312
313
314
315
316
317
318
505
319
506
320
507
321
322
323
324
House Bill
1031
1032
1033
1035
1036
1037
1038
1039
1040
1044
1045
1048
1049
1050
1051
1052
1053
1054
1055
1056
1057
1058
1059
1061
1062
1063
1065
1067
1068
1069
1070
1071
1072
1075
1076
1077
1078
1080
1081
1082
1083
1084
1085
1088
1091
1094
1095
1098
1099
1101
1102
Act No. House Resolution Res. Act No.
... 508 15 49
.. 760 18 19
.. 509 20 20
.. 510 21........................... 15
.. 511 22............................ 5
.. 325 24 21
.. 541 27 51
.. 326 50 22
.. 327 51 23
.. 328 52 24
.. 512 90 25
.. 513 91......................... 26
.. 329 99 27
.. 330 100 1
.. 331 101........................... 28
.. 332 106 6
.. 333 111........................... 29
.. 334 112 30
.. 335 113 31
.. 336 119 32
.. 337 120 33
.. 338 170 34
.. 339 171 50
.. 340 174 35
.. 341 197 36
.. 342 199 37
.. 343 200 38
.. 344 202 39
.. 345 203 40
.. 346 218 41
.. 347 219 42
.. 348 220 43
.. 349 224 44
.. 514 235 45
.. 350 236 46
.. 351 275 47
.. 352
.. 515
.. 353 Senate Bill Act No.
.. 354
.. 355
.. 356 6 626
.. 357 7 524
.. 516 9 376
.. 358 10 191
.. 359 11 377
.. 360 12 555
.. 517 14........................... 23
.. 361 15........................... 24
.. 362 16 627
M 363 17 734
xx
25
26
27
30
35
39
40
41
42
43
44
53
54
55
57
59
60
61
62
68
74
75
78
82
84
86
87
88
90
91
92
94
95
102
108
110
113
114
115
116
119
121
123
125
129
130
131
133
134
Act No. Senate Bill Act No.
... 625 136 39
... 756 137 45
... 364 138 659
... 525 139 660
... 365 140 644
... 526 147 422
... 366 149 636
... 196 154 637
... 197 155 423
... 175 157 373
... 367 158 531
... 378 159 532
1 160 558
... 368 165 374
... 628 166 375
... 369 167 28
... 629 169 533
... 379 170 424
... 630 171 198
... 380 172 199
... 381 177 116
... 527 178 176
... 560 179 117
... 559 182 425
... 631 184 118
... 770 185 386
... 657 188 119
... 370 191 387
... 624 197 177
... 528 199 388
... 382 200 638
... 632 202 192
... 735 204 390
... 633 205 391
... 658 207 392
... 736 210 639
.. 389 213 393
- 661 214 394
... 383 216 749
... 556 218 178
643 219 395
. 115 220 534
... 634 221 200
.. 384 224 761
.. 371 226 179
.. 635 227 120
.. 529 230 180
.. 530 232 640
.. 557 234 535
.. 385 236 121
.. 372 237 181
XXI
243
244
245
246
250
251
252
253
254
255
256
257
259
260
262
268
269
270
271
274
276
278
280
281
283
Act No.
Act No. Senate Bill
396 284 186
536 286 187
201 287 188
202 288 189
182 289 190
203
204
574
537 Senate Resolutions Res. Act No.
205
122
641 4........................:.. 2
642 6 7
123 9 8
183 18............................ 16
737 27 9
538 33 3
44 41 10
206 44 11
124 50 17
125 52 12
126 91 48
184 102 13
127 106 4
185 168 14
128 176 18
xxn
LOCAL AND SPECIAL
ACTS AND RESOLUTIONS
OF THE
GENERAL ASSEMBLY
OF THE
STATE OF GEORGIA
1985
McIntosh county industrial development
AUTHORITY LOCAL CONSTITUTIONAL AMENDMENT
CONTINUED.
No. 1 (Senate Bill No. 44).
AN ACT
To continue in force and effect as a part of the Constitution
of the State of Georgia that constitutional amendment (Res.
Act No. 271, H.R. 723-1549, Ga. L. 1968, p. 1834) duly ratified
at the general election in 1968, which amendment created the
McIntosh County Industrial Development Authority; to provide
the authority for this Act; to repeal conflicting laws; and for
other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. That constitutional amendment (Res. Act No.
271, H.R. 723-1549, Ga. L. 1968, p. 1834) duly ratified at the
general election in 1968, which amendment created the Mclnl
3502 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
tosh County Industrial Development Authority, shall not be re-
pealed or deleted on July 1, 1987, as a part of the Constitution
of the State of Georgia but is specifically continued in force
and effect on and after that date as a part of the Constitution
of the State of Georgia.
Section 2. This Act is passed pursuant to Article XI, Sec-
tion I, Paragraph IV of the Constitution of the State of Georgia
which authorizes the continuation of certain amendments to
the 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 regular
1985 session of the General Assembly of Georgia, a bill to con-
tinue in force and effect as part of the Constitution that constitu-
tional amendment ratified at the general election in 1968, which
amendment created the McIntosh County Industrial Develop-
ment Authority; and for other purposes.
This 31 day of December, 1984.
Dean G. Auten
Representative,
156th 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 Darien News which is
the official organ of McIntosh County, on the following date:
January 10, 1985.
/s/ Glenn E. Bryant
Senator,
3rd District
GEORGIA LAWS 1985 SESSION
3503
Sworn to and subscribed before me,
this 15th day of January, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved January 29, 1985.
McIntosh county industrial development
AUTHORITY PROJECTS.
No. 3 (House Bill No. 109).
AN ACT
To clarify the definition of the word "project with respect
to the powers and duties of the McIntosh County Industrial
Development Authority; to provide for authority; to repeal con-
flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. As used with respect to the powers and duties
of the McIntosh County Industrial Development Authority pur-
suant to that constitutional amendment (Res. Act No. 271, H.R.
723-1549, Ga. L. 1968, p. 1834), the word "project as defined
in such constitutional amendment shall also mean and include
the acquisition, construction, improvement, modification, expan-
sion, modernization, equipping, or remodeling of any property,
real or personal, which shall be used as or in connection with
a hotel or motel that provides food and lodging for transient
guests with not fewer than 40 guest rooms available for over-
night accommodations, which industry is declared to be a project
of sufficient magnitude to result in a substantial increase in
3504 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
employment, to confer significant economic benefit upon the
geographical area served by the authority, and to develop and
promote for the public good and welfare industry within McIn-
tosh County.
Section 2. This Act is passed pursuant to the provisions
of subparagraph N. of that constitutional amendment (Res. Act
No. 271, H.R. 723-1549, Ga. L. 1968, p. 1834), which subpara-
graph authorizes the General Assembly to define and describe
further the powers and duties of the McIntosh County Industrial
Development Authority.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular
1985 session of the General Assembly of Georgia a bill to clarify
the term "project with respect to projects which can be under-
taken by the McIntosh County Industrial Development Author-
ity; to clarify the powers of such authority; and for other pur-
poses.
This 31st day of December, 1984.
Dean G. Auten
Representative,
156th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Dean G. Auten, who, on
oath, deposes and says that he is Representative from the 156th
District, and that the attached copy of Notice of Intention to
Introduce Local Legislation was published in the Darien News
which is the official organ of McIntosh County, on the following
date: January 10, 1985.
/s/ Dean G.. Auten
Representative,
156th District
GEORGIA LAWS 1985 SESSION
3505
Sworn to and subscribed before me,
this 14th day of January, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved January 29, 1985.
CITY OF LaGRANGE CORPORATE LIMITS.
No. 5 (House Bill No. 100).
AN ACT
To amend an Act creating a new charter for the City of
LaGrange in the County of Troup, approved March 8,1968 (Ga.
L. 1968, p. 2191), as amended, particularly by an Act approved
April 12,1982 (Ga. L. 1982, p. 3745), so as to extend and increase
the corporate limits of the City of LaGrange; to repeal conflicting
laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act creating a new charter for the City of
LaGrange in the County of Troup, approved March 8,1968 (Ga.
L. 1968, p. 2191), as amended, particularly by an Act approved
April 12, 1982 (Ga. L. 1982, p. 3745), is amended by adding a
new subparagraph (17) after subparagraph (16) of paragraph
(a) of Appendix I, Boundaries of the City of LaGrange, to read
as follows:
"(17) In addition to the property heretofore included
in the corporate limits of the City of LaGrange, Troup
County, Georgia, the corporate limits shall be extended so
as to include the following described property:
3506 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
All that tract or parcel of land containing 163.06 acres,
more or less, situate, lying and being in Land Lots 75, 76,
77, 85 and 86 of the 5th Land District of Troup County,
Georgia, more particularly described as follows: BEGIN-
NING at a point in Land Lot 76 of the 5th Land District
which point is Corps of Engineers Corner No. 548702 and
which has coordinates of N 1,113,139.16 and E 216,967.52
based on the Plane Coordinate System of Georgia, West Zone,
and which point is located on the existing city limits of the
City of LaGrange and from said Point of Beginning extending
South 19 57' West for a distance of 1653.46 feet to a point
marked by Corps of Engineers Marker No. CE545304; thence
South 53 11' West for a distance of 236.53 feet to Marker
No. CE545400; thence South 19 31' East for a distance of
506.44 feet to Marker No. CE545500; thence South 05 02'
West for a distance of 864.28 feet to Marker No. CE545600;
thence South 77 49' West for a distance of 496.64 feet to
Marker No. CE545700; thence South 05 15' West for a dis-
tance of 419.04 feet to Marker No. CE545800; thence South
32 03' West for a distance of 390.05 feet to a point; thence
South 88 33' 10' West for a distance of 767.39 feet to a
point; thence North 69 40' 25' West for a distance of535.50
feet to a point on the East right of way line of Whitaker
Road; thence North 52 02' 45' West for a distance of 185.04
feet to a point on the West right of way line of Whitaker
Road; thence continuing along the West right of way line
of said road along a curve which has a bearing of North
27 47' 00' West for a chord distance of 105.79 feet to a
point; thence continuing along the West right of way line
of said road along a curve which has a bearing of North 24
18' 40' West for a chord distance of 36.59 feet to a point;
thence continuing along the West right of way line of said
road along a curve which has a bearing of North 11 07'
20' West for a chord distance of 145.00 feet to a point;
thence continuing along the West right of way line of said
road along a curve which has a bearing of North 07 59'
40' East for a chord distance of 99.84 feet to a point;
thence continuing along the West right of way line of
said road along a curve which has a bearing of North
26 25' 10' East for a chord distance of 153.04 to a
point; thence continuing along the West right of way
line of Whitaker Road North 33 12' 05' East for a
distance of 607.47 feet to a point; thence along the West
GEORGIA LAWS 1985 SESSION
3507
right of way line of Whitaker Road along a curve which
has a bearing of North 34 30' 35* East for a chord distance
of 22.00 feet to a point; thence continuing along the West
right of way line of said road along a curve which has a
bearing of North 37 56' 40* East for a chord distance of
119.86 feet to a point; thence continuing along the West
right of way line of said road along a curve which has a
bearing of North 43 07' 55* East for a chord distance of
188.85 feet to a point; thence continuing along the West
right of way line of said road along a curve which has a
bearing of North 35 29' 30* East for a chord distance of
167.55 feet to a point; thence continuing along the West
right of way line of said road along a curve which has a
bearing of North 25 00' 00* East for a chord distance of
44.70 feet to a point; thence continuing along the West right
of way line of Whitaker Road North 22 57' 15* East for
a distance of 100.00 feet to a point; thence continuing along
the West right of way line of Whitaker Road North
21 55' 40* East for a distance of 605.00 feet to a point;
thence continuing along the West right of way line of
Whitaker Road along a curve which has a bearing of
North 21 12' 40* East for a chord distance of 23.44 feet
to a point; thence continuing along the West right of way
line of said road along a curve which has a bearing of
North 10 25' 00* East for a chord distance of 179.00 feet
to a point; thence continuing along the West right of way
line of said road along a curve which has a bearing of
North 01 33' 30* East for a chord distance of 167.00 feet
to a point; thence continuing along the West right of
way line of said road along a curve which has a bearing
of North 00 16' 45* East for a chord distance of 150.31
feet to a point; thence continuing along the West right
of way line of said road along a curve which has a bear-
ing of North 00 54' 05* West for a chord distance of
150.00 feet to a point; thence continuing along the
West right of way line of said road along a curve which
has a bearing of North 00 29' 55* West for a chord dis-
tance of 162.92 feet to a point; thence continuing along
the West right of way line of said road along a curve
which has a bearing of North 04 54' 55* West for a chord
distance of 160.00 feet to a point; thence continuing
along the West right of way line of Whitaker Road North
84 00' East for a distance of 2.97 feet to a point; thence
3508 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
continuing along the West right of way line of said road
North 00 50' West for a distance of 259.19 feet to a
point; thence along said West right of way line North
00 36' West for a distance of 28.69 feet to a point;
thence following said West right of way line along a
curve which has a bearing of North 02 39' West for a
chord distance of 135.22 feet to a point; thence continuing
along said West right of way line along a curve which
has a bearing of North 04 04' West for a chord dis-
tance of 69.41 feet to a point; thence South 41 41' East for
a distance of 79.31 feet to Corps of Engineers Marker No.
CE 545300 located in the right of way of Whitaker Road;
thence North 50 05' East for a distance of 180.30 feet
to Marker No. CE 545301; thence North 29 18' East
for a distance of 796.67 feet to Marker No. CE 549101
which is located on the existing city limits of the City of
LaGrange; thence continuing along the existing city lim-
its line North 82 30' East for a distance of 249.47 feet
to Marker No. CE 549100; thence continuing along the
existing city limits line South 43 21' East for a dis-
tance of 618.86 feet to Marker No. CE 549001; thence
continuing along said city limits line North 42 36' East
for a distance of 120.11 feet to Marker No. CE 549000;
thence continuing along said city limits line North 05 54'
East for a distance of 204.87 feet to Marker No. CE 548900;
thence continuing along the city limits line South 61 00'
East for a distance of 566.77 feet to Marker No. CE 548800;
thence continuing along the city limits line South 39 47'
West for a distance of 84.88 feet to Marker No. CE 548703;
thence along said city limits line South 13 59' East for a
distance of 299.14 feet to Marker No. CE 548702 which is
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 1985 session of the General Assembly of Georgia, a Bill
to amend an Act creating a new Charter for the City of La-
Grange, approved March 8, 1968 (Ga. Laws 1968, P. 2191, as
amended) so as to annex to the corporate limits of the City of
LaGrange the following real estate, to-wit:
GEORGIA LAWS 1985 SESSION
3509
All that tract or parcel of land containing 163.06 acres, more
or less, situate, lying and being in Land Lots 75, 76, 77, 85
and 86 of the 5th Land District of Troup County, Georgia, lying
South of and contiguous to the existing corporate limits of the
City of LaGrange.
This 4th day of January, 1985.
/s/ J. G. Newman
Mayor,
City of LaGrange
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 LaGrange
Daily News which is the official organ of Troup County, on the
following date: January 4, 1985.
/s/ J. Crawford Ware
Representative,
77th District
Sworn to and subscribed before me,
this 14th day of January, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved January 31, 1985.
3510 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
STATE COURT OF BACON COUNTY ABOLISHED.
No. 7 (House Bill No. 115).
AN ACT
To abolish the State Court of Bacon County; to repeal an
Act creating the State Court of Bacon County, approved March
29, 1984 (Ga. L. 1984, p. 5191); to repeal conflicting laws; and
for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. The State Court of Bacon County is abolished
and the Act creating the State Court of Bacon County, approved
March 29,1984 (Ga. L. 1984, p. 5191) 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
1985 Session of the General Assembly of Georgia a Bill to abolish
the State Court of Bacon County and to repeal the Act creating
the State Court of Bacon County, approved March 29,1984 (Ga.
L. 1984, p. 5191); and for other purposes.
This 7th day of January, 1985.
Bacon County Board
of Commissioners
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 10, 1985.
GEORGIA LAWS 1985 SESSION
3511
/s/ Tommy Smith
Representative,
152nd District
Sworn to and subscribed before me
this 15th day of January, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved February 8, 1985.
HEARD COUNTY COUNTY COMMISSIONER;
COMPENSATION.
No. 9 (House Bill No. 320).
AN ACT
To amend an Act to create the office of commissioner of
Heard County, approved April 17, 1975 (Ga. L. 1975, p. 4433),
as amended by an Act approved March 13, 1978 (Ga. L. 1978,
p. 3244), an Act approved March 24,1981 (Ga. L. 1981, p. 3184),
and an Act approved March 14, 1983 (Ga. L. 1983, p. 3980), so
as to change the compensation of the commissioner; to provide
an effective date; to repeal conflicting laws; and for other pur-
poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act to create the office of commissioner of
Heard County, approved April 17, 1975 (Ga. L. 1975, p. 4433),
as amended by an Act approved March 13, 1978 (Ga. L. 1978,
3512 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
p. 3244), an Act approved March 24, 1981 (Ga. L. 1981, p. 3184),
and an Act approved March 14, 1983 (Ga. L. 1983, p. 3980), is
amended by striking Section 8 in its entirety and inserting in
lieu thereof a new Section 8 to read as follows:
"Section 8. The commissioner shall devote his full time
to the office of commissioner of Heard County, Georgia, and
shall faithfully, honestly, and diligently apply himself to
conducting the business and financial affairs of Heard
County for which he shall be compensated in the amount
of $30,000.00 per year, such sum to be paid in equal monthly
installments from the funds of Heard County. A vehicle be-
longing to the county shall be furnished to the commissioner,
such vehicle to be used for county governmental purposes
only, and the cost of gas, oil, repairs, and maintenance shall
be paid from the funds of Heard County.
Section 2. This Act shall become effective on the first day
of the month following the month in which it is approved by
the Governor or in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Georgia, Heard County.
Before me personally appeared B. T. McCutcheon, who, being
duly sworn deposes and says that he is the publisher of the
"News and Banner and that the same is a public gazette pub-
lished in the City of Franklin in Heard County, Georgia. It is
the newspaper in which the sheriffs sales of said county are
published.
Deponent further says that the following legal advertise-
ment has been published in said "News and Banner on January
16, 1985, to-wit:
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular
1985 Session of the General Assembly of Georgia a bill to amend
an Act creating the office of commissioner of Heard County,
approved April 17, 1975 (Ga. L. 1975, p. 4433), as amended, so
GEORGIA LAWS 1985 SESSION
3513
as to change the compensation of the commissioner; and for
other purposes.
This 11th day of January, 1985.
/s/ Honorable J. Crawford Ware,
Representative,
77th District.
/s/ B. T. McCutcheon
Sworn to and subscribed before me
this 17th day of January, 1985.
/s/ Barbara Rivers
Notary Public, Georgia State at Large.
My Commission Expires 4-4-86.
(Seal).
Approved February 12, 1985.
HEARD COUNTY TAX COMMISSIONER;
COMPENSATION; PERSONNEL.
No. 10 (House Bill No. 321),
AN ACT
To amend an Act consolidating the offices and duties of tax
receiver and tax collector of Heard County into the single office
of tax commissioner of Heard County, approved April 17, 1929
(Ga. L. 1929, p. 638), as amended, particularly by an Act ap-
proved March 14, 1983 (Ga. L. 1983, p. 3973), so as to change
the compensation of the tax commissioner; to change the provi-
sions relative to the compensation of clerical personnel of the
tax commissioner; to provide an effective date; to repeal conflict-
ing laws; and for other purposes.
3514 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act consolidating the offices and duties of
tax receiver and tax collector of Heard County into the single
office of tax commissioner of Heard County, approved April 17,
1929 (Ga. L. 1929, p. 638), as amended, particularly by an Act
approved March 14, 1983 (Ga. L. 1983, p. 3973), is amended
by striking subsection (a) of Section 10 in its entirety, which
reads as follows:
"(a) The tax commissioner shall receive an annual sal-
ary of $19,200.00, payable in equal monthly installments
from the funds of Heard County. Except as otherwise pro-
vided in subsection (c), any clerical personnel which may
be necessary for the tax commissioner to perform the duties
of his office shall be paid by the tax commissioner out of
his annual salary.,
and inserting in lieu thereof a new subsection (a) of Section
10 to read as follows:
"(a) The tax commissioner shall receive an annual sal-
ary of $24,850.00, payable in equal monthly installments
from the funds of Heard County.
Section 2. This Act shall become effective on the first day
of the month following the month in which it is approved by
the Governor or in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Georgia, Heard County.
Before me personally appeared B. T. McCutchen, who, being
duly sworn deposes and says that he is the publisher of the
"News and Banner and that the same is public gazette pub-
lished in the City of Franklin in Heard County, Georgia. It is
the newspaper in which the sheriffs sales of said county are
published.
GEORGIA LAWS 1985 SESSION
3515
Deponent further says that the following legal advertise-
ment has been published in said "News and Banner on January
16, 1985, to-wit:
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular
1985 Session of the General Assembly of Georgia a bill to amend
an Act consolidating the offices and duties of tax receiver and
tax collector of Heard County into the single office of tax commis-
sioner of Heard County, approved April 17, 1929 (Ga. L. 1929,
p. 638), as amended, and for other purposes.
This 15th day of January, 1985.
/s/ Honorable J. Crawford Ware,
Representative,
77th District.
/s/ B. T. McCutcheon
Sworn to and subscribed before me
this 17th day of January, 1985.
/s/ Barbara Rivers
Notary Public, Georgia State at Large.
My Commission Expires 4-4-86.
(Seal).
Approved February 12, 1985.
3516 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
HEARD COUNTY JUDGE OF THE PROBATE COURT;
COMPENSATION.
No. 11 (House Bill No. 322).
AN ACT
To amend an Act placing the judge of the Probate Court
of Heard County on an annual salary in lieu of a fee system
of compensation, approved March 29,1973 (Ga. L. 1973, p. 2452),
as amended, particularly by an Act approved March 14, 1983
(Ga. L. 1983, p. 3971), so as to change the compensation of the
judge of the Probate Court of Heard County; to provide an effec-
tive date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act placing the judge of the Probate Court
of Heard County on an annual salary in lieu of a fee system
of compensation, approved March 29,1973 (Ga. L. 1973, p. 2452),
as amended, particularly by an Act approved March 14, 1983
(Ga. L. 1983, p. 3971), is amended by striking Section 2 in its
entirety and inserting in lieu thereof a new Section 2 to read
as follows:
"Section 2. The judge of the probate court shall receive
an annual salary of $21,650.00 and, in addition thereto, shall
receive the amounts provided in Code Section 15-9-64 of the
O.C.G.A. for holding and conducting elections and for han-
dling traffic cases. The compensation of the judge of the pro-
bate court shall be payable in equal monthly installments
from county funds.
Section 2. This Act shall become effective on the first day
of the month following the month in which it is approved by
the Governor or in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
GEORGIA LAWS 1985 SESSION
3517
Georgia, Heard County.
Before me personally appeared B. T. McCutchen, who, being
duly sworn deposes and says that he is the publisher of the
"News and Banner and that the same is a public gazette pub-
lished in the City of Franklin in Heard County, Georgia. It is
the newspaper in which the sheriffs sales of said county are
published.
Deponent further says that the following legal advertise-
ment has been published in said "News and Banner on January
16, 1985, to-wit:
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular
1985 Session of the General Assembly of Georgia a bill to amend
an Act placing the judge of the Probate Court of Heard County
on an annual salary in lieu of a fee system of compensation,
approved March 29, 1973 (Ga. L. 1973, p. 2452), as amended,
so as to change the compensation of the judge of said court;
and for other purposes.
This 11th day of January, 1985.
/s/ Honorable J. Crawford Ware,
Representative,
77th District.
/s/ B. T. McCutcheon
Sworn to and subscribed before me
this 17th day of January, 1985.
/s/ Barbara Rivers
Notary Public, Georgia State at Large.
My Commission Expires 4-4-86.
(Seal).
Approved February 12, 1985.
3518 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
HEARD COUNTY SHERIFF; COMPENSATION.
No. 12 (House Bill No. 323).
AN ACT
To amend an Act placing the sheriff of Heard County on
an annual salary in lieu of the fee system of compensation,
approved February 9, 1965 (Ga. L. 1965, p. 2020), as amended,
particularly by an Act approved March 14, 1983 (Ga. L. 1983,
p. 3975), so as to change the compensation of the sheriff; to
provide an effective date; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act placing the sheriff of Heard County on
an annual salary in lieu of the fee system of compensation,
approved February 9, 1965 (Ga. L. 1965, p. 2020), as amended,
particularly by an Act approved March 14, 1983 (Ga. L. 1983,
p. 3975), is amended by striking Section 1 in its entirety and
inserting in lieu thereof a new Section 1 to read as follows:
"Section 1. The present method of compensation for the
sheriff of Heard County, Georgia, is hereby changed from
the fee system to the salary system, and the sheriff of Heard
County shall hereafter be paid on a salary basis. The sheriff
shall be compensated in the amount of $24,700.00 per an-
num, to be paid in equal monthly installments at the end
of each calendar month from the funds of Heard County.
Such compensation shall be in lieu of all fees, costs, fines,
forfeitures, commissions, insolvent costs, allowances, penal-
ties, funds, moneys, and all other emoluments and perqui-
sites of whatever kind which shall be allowed the sheriff
of Heard County after the effective date of this Act, and,
except as otherwise provided by general law, said salary
shall also include all fees, costs, fines, forfeitures, commis-
sions, insolvent costs, allowances, penalties, funds, moneys,
and all other emoluments or perquisites of whatever kind
which shall be allowed said sheriff in his official capacity
GEORGIA LAWS 1985 SESSION
3519
or as an official or agent for any court, department, or official
of Heard County or for any department or official of the
State of Georgia.
Section 2. This Act shall become effective on the first day
of the month following the month in which it is approved by
the Governor or in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Georgia, Heard County.
Before me personally appeared B. T. McCutchen, who, being
duly sworn deposes and says that he is the publisher of the
"News and Banner and that the same is a public gazette pub-
lished in the City of Franklin in Heard County, Georgia. It is
the newspaper in which the sheriffs sales of said county are
published.
Deponent further says that the following legal advertise-
ment has been published in said "News and Banner on January
16, 1985, to-wit:
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular
1985 Session of the General Assembly of Georgia a bill to amend
an Act placing the sheriff of Heard County on an annual salary
in lieu of the fee system of compensation, approved February
9, 1965 (Ga. L. 1965, p. 2020), as amended, so as to change the
compensation of the sheriff; and for other purposes.
This 11th day of January, 1985.
Honorable J. Crawford Ware,
Representative,
77th District.
/s/ B. T. McCutcheon
3520 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me
this 17th day of January, 1985.
/s/ Barbara Rivers
Notary Public, Georgia State at Large.
My Commission Expires 4-4-86.
(Seal).
Approved February 12, 1985.
HEARD COUNTY CLERK OF THE SUPERIOR COURT;
SALARY.
No. 13 (House Bill No. 324).
AN ACT
To amend an Act placing the clerk of the Superior Court
of Heard County on an annual salary in lieu of the fee system
of compensation, approved March 29,1973 (Ga. L. 1973, p. 2449),
as amended, particularly by an Act approved March 14, 1983
(Ga. L. 1983, p. 3978), so as to change the compensation of the
clerk of the superior court; to provide an effective date; to repeal
conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act placing the clerk of the Superior Court
of Heard County on an annual salary in lieu of the fee system
of compensation, approved March 29,1973 (Ga. L. 1973, p. 2449),
as amended, particularly by an Act approved March 14, 1983
(Ga. L. 1983, p. 3978), is amended by striking Section 2 in its
entirety and inserting in lieu thereof a new Section 2 to read
as follows:
GEORGIA LAWS 1985 SESSION
3521
"Section 2. The clerk of the superior court shall receive
an annual salary of $24,850.00, payable in equal monthly
installments from county funds.
Section 2. This Act shall become effective on the first day
of the month following the month in which it is approved by
the Governor or in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Georgia, Heard County.
Before me personally appeared B. T. McCutchen, who, being
duly sworn deposes and says that he is the publisher of the
"News and Banner and that the same is a public gazette pub-
lished in the City of Franklin in Heard County, Georgia. It is
the newspaper in which the sheriffs sales of said county are
published.
Deponent further says that the following legal advertise-
ment has been published in said "News and Banner" on January
16, 1985, to-wit:
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at' the regular
1985 Session of the General Assembly of Georgia a bill to amend
an Act placing the clerk of the Superior Court of Heard County
on an annual salary in lieu of the fee system of compensation,
approved March 29, 1973 (Ga. L. 1973, p. 2449), as amended,
so as to change the compensation of the clerk of the superior
court; and for other purposes.
This 11th day of January, 1985.
/s/ Honorable J. Crawford Ware,
Representative,
77th District.
/s/ B. T. McCutchen
3522 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me
this 17th day of January, 1985.
/s/ Barbara Rivers
Notary Public, Georgia State at Large.
My Commission Expires 4-4-86.
(Seal).
Approved February 12, 1985.
CITY OF MOULTRIE MAYOR AND COUNCIL;
ELECTIONS; QUORUM; VACANCIES; BOARD OF HEALTH;
INTEREST ON TAXES; CIVIL SERVICE ABOLISHED.
No. 18 (House Bill No. 15).
AN ACT
To amend an Act creating a new charter for the City of
Moultrie in Colquitt County, approved March 3, 1943 (Ga. L.
1943, p. 1458), as amended, particularly by an Act approved
February 21,1951 (Ga. L. 1951, p. 3250), an Act approved March
27, 1965 (Ga. L. 1965, p. 2744), an Act approved April 10, 1971
(Ga. L. 1971, p. 3982), and an Act approved April 3, 1972 (Ga.
L. 1972, p. 3784), so as to change the composition of and the
manner of election of the mayor and council of the city; to pro-
vide for council districts; to provide for a quorum and for the
vote of the mayor and council required to adopt measures; to
provide for filling of vacancies; to delete obsolete provisions for
a city board of health; to provide for interest on delinquent
taxes, fees, and assessments; to abolish in its entirety the civil
service system of the city; to provide for other matters relative
to the foregoing; to repeal conflicting laws; and for other pur-
poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act creating a new charter for the City of
Moultrie in Colquitt County, approved March 3, 1943 (Ga. L.
GEORGIA LAWS 1985 SESSION
3523
1943, p. 1458), as amended, particularly by an Act approved
February 21,1951 (Ga. L. 1951, p. 3250), an Act approved March
27, 1965 (Ga. L. 1965, p. 2744), an Act approved April 10, 1971
(Ga. L. 1971, p. 3982), and an Act approved April 3, 1972 (Ga.
L. 1972, p. 3784), is amended by striking Section 4 which reads
as follows:
"Section 4. Except as otherwise provided in this Act, all
powers of the city shall be vested in a council of five (5)
members, elected from the city at large in the manner here-
inafter provided. The term of the members of the council
shall be for two (2) years, and the terms of those elected
in May, 1972 shall begin on the third (3rd) Tuesday in Octo-
ber next following their election and shall expire on the
first (1st) Tuesday in July, 1974. The term of those members
of council elected in May, 1973, and in subsequent years
shall begin on the first (1st) Tuesday in July next following
their election. The terms of the mayor shall be for two (2)
years and shall begin on the first (1st) Tuesday in July next
following his election.,
and inserting in its place a new Section 4 to read as follows:
"Section 4. (a) Except as otherwise provided in this
Act, all powers of the city shall be vested in a council of
six members. Until the first council members elected under
this section take office, however, the council shall continue
to consist of five members. The mayor and council members
in office on the effective date of this section shall serve out
the terms for which they were elected and until their succes-
sors are elected and qualified.
(b) For purposes of electing members of the council the
City of Moultrie shall be divided into two council districts
which shall consist of the territory described in Section 5
of this Act. Elections for members of the council shall be
conducted utilizing six posts designated as Post No. 1
through Post No. 6. Candidates to represent and council
members representing Posts No. 1 and 2 shall be required
to reside within Council District 1 and shall be elected solely
by the voters who reside within Council District 1. Candi-
dates to represent and council members representing Posts
No. 3 through 6 shall be required to reside within Council
3524 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
District 2 and shall be elected solely by the voters who reside
within Council District 2.
(c) The mayor shall be elected from the city at large
and may reside either within Council District 1 or within
Council District 2.
(d) As of the effective date of this section, each incum-
bent named below, or his successor, shall be deemed to repre-
sent the post beside which his name is listed:!
Post No. 1 - Wesley Ball;
Post No. 2 - unrepresented as of the effective date
of this section and thereafter represented by the new
sixth member of the council elected in 1985;
Post No. 3
Post No. 4
Post No. 5
Post No. 6
Carlton Duggan;
Alton Parrish;
Donnie Turner;
Sherrod McCall.
(e) The regular municipal election shall be held on the
fourth Tuesday in May of 1985 and each year thereafter.
The positions to be elected in each year and the terms of
the officers elected in each year shall be as follows:
1985: Council Post No. 1 - two-year term
Council Post No. 2 f- three-year term
Council Post No. 3 - two-year term
Mayor - two-year term;
1986: Council Post No. 4 - two-year term
Council Post No. 5 - three-year term
Council Post No. 6 - two-year term
1987: Council Post No. 1 - two-year term
Council Post No. 3 - two-year term
Mayor - two-year term;
1988 and each even-numbered year thereafter: Council
Posts No. 2, 4, and 6 - two-year terms;
GEORGIA LAWS 1985 SESSION
3525
1989 and each odd-numbered year thereafter: Mayor and
Council Posts No. 1, 3, and 5 - two-year terms.
(f) The terms of the mayor and councilmen shall begin
on the first Tuesday in July next following their election;
and the mayor and council members shall serve for the terms
specified in subsection (e) of this section and until their suc-
cessors are elected and qualified.
(g) The election of the mayor and council members shall
be by plurality vote and the person receiving the highest
number of votes shall be elected without the requirement
that a candidate receive a majority of the votes cast in order
to be elected.
(h) Any vacancy in the office of mayor or council mem-
ber shall continue to be filled as provided in Section 44 of
this Act, with the additional requirement that any member
selected to fill a vacancy in a council post must be a resident
of the council district which that post represents.
Section 2. Said Act is further amended by striking Section
5 which reads as follows:
"Section 5. There shall be held on the fourth Tuesday
in May in each year an election for the purpose of electing
candidates to succeed those elected city officials whose terms
shall expire during that year. In order to be elected, a candi-
date must receive a majority of the votes cast for that office
for which he offers.
For the purposes of electing councilmen, positions on
the council are numbered 1 through 5, respectively. The
position presently occupied by Councilman Ray shall be Posi-
tion No. 1. The position presently occupied by Councilman
Arwood shall be Position No. 2. The position presently occu-
pied by Councilman Brinkley shall be Position No. 3. The
position presently occupied by Councilman Duggan shall be
Position No. 4. The position presently occupied by Council-
man Cook shall be Position No. 5. In all future elections,
candidates for councilmen shall designate by number that
position on the council for which he offers as a candidate.
In the event no candidate receives a majority of the votes
cast, there shall be a runoff election between those two candi-
3526 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
dates receiving the highest number of votes cast for the office.
Said election shall be held fourteen (14) days after the regu-
lar municipal election under the same laws, rules and regula-
tions governing regular city elections.,
and inserting in its place a new Section 5 to read as follows:
"Section 5. (a) For purposes of electing members of
the city council, the City of Moultrie is divided into two
council districts, each of which shall consist of a portion of
the City of Moultrie described as follows:
Council District No. 1
Tract 9901
Blocks 504 through 507, 515 through
524, and 529 through 537
Tract 9902
Those parts of Blocks 115, 116, and
127 inside the City of Moultrie
Block Groups 2 through 6
Tract 9903
That part of Block 601 inside the
City of Moultrie
Blocks 602 and 605 through 608
Tract 9904
Blocks 101 through 104
That part of Block 202 inside the
City of Moultrie within
the Funston CCD
Council District No. 2
Tract 9901
That part of Block 307 inside the
City of Moultrie
Block Group 4
Blocks 501, 502, 508, 512, 514, 525
through 528, and 538 through 541
Tract 9904
Those parts of Blocks 105 and 107 through
111 inside the City of Moultrie
Blocks 112 and 116 through 160
GEORGIA LAWS 1985 SESSION
3527
That part of Block 201 inside the
City of Moultrie
That part of Block 202 inside the
City of Moultrie within the
Moultrie CCD
That part of Block 204 inside the City
of Moultrie
Blocks 205 through 248 and 301
through 304
That part of Block 305 inside the
City of Moultrie
Block 306
Tract 9905
Block Groups 1 and 2
Blocks 301 through 316
That part of Block 317 inside the
City of Moultrie
Blocks 318 and 319
That part of Block 320 inside the
City of Moultrie
Blocks 321 through 340
That part of Block 345 inside the
City of Moultrie
Block Group 4
Blocks 501 through 508 and 510
through 516
Those parts of Blocks 517, 518, 521,
601, and 603 inside the City of Moultrie
Tract 9906
Those parts of Blocks 205, 206, and
216 inside the City of Moultrie
Blocks 221 through 223
That part of Block 801 inside the
City of Moultrie
Blocks 822 through 824
Ob) 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 decen-
nial census of 1980 for the State of Georgia.
3528 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(2) Any part of the City of Moultrie 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 3. Said Act is further amended by striking Section
6 which reads as follows:
"Section 6. Be it further enacted by the authority afore-
said that the Mayor shall preside at all meetings of the coun-
cil and shall also have the power and perform the duties
imposed by this charter and the ordinances of the City. He
shall be recognized by the courts for serving civil process
and by the Governor for purposes of military law. He shall
have no regular administrative duties but in time of public
danger or emergency, shall, if so authorized and directed
by vote of the council, take command of the police, maintain
order and enforce the law. He, together with such others
as the council may designate, shall execute such written
instruments on behalf of the city as may be required by
the council. He shall have the right to vote on any question
in case of a tie vote, except in such cases as he is disqualified
by interest or otherwise. In order to pass any ordinance or
resolution, it shall require the favorable vote of three mem-
bers of the council or the favorable vote of two members
of the council and the Mayor, the Mayor voting only in case
of a tie.,
and inserting in its place a new section to read as follows:
"Section 6. (a) The mayor shall preside at all meetings
of the council and shall also have the power and perform
the duties imposed by this charter and the ordinances of
the city. He shall be recognized by the courts for serving
civil process and by the Governor for purposes of military
law. He shall have no regular administrative duties but in
time of public danger shall, if so authorized and directed
by the council, take command of the police, maintain order,
and enforce the law. The mayor, together with such others
as the council may designate, shall execute such written
instruments on behalf of the city as may be required by
the council.
GEORGIA LAWS 1985 SESSION
3529
(b) The mayor shall have a vote on any matter before
the council only in the case of a tie vote. In order to pass
any ordinance or resolution it shall require the favorable
vote of four members of the council or the favorable vote
of three members of the council and the mayor, the mayor
voting only in case of a tie. In order to approve any other
matter before the council it shall require the favorable vote
of a majority of those present with a quorum present, the
mayor voting only in case of a tie.
Section 4. Said Act is further amended by striking Section
11 which reads as follows:
"Section 11. Be it further enacted by authority aforesaid
that four (4) members of the council or three (3) members
of the council and the mayor, shall constitute a quorum to
do business, but a smaller number may adjourn from time
to time, and compel the attendance of absent members in
such manner and under such penalties as may be prescribed
by ordinance. The affirmative vote of three members of the
council shall be necessary to adopt any ordinance, resolution
or vote; except that a vote to adjourn, or regarding the atten-
dance of absent members, may be adopted by a majority
of the members present. No member shall be excused from
voting except on matters involving the consideration of his
own official conduct or when his financial interests are in-
volved.,
and inserting in its place a new section to read as follows:
"Section 11. (a) A quorum of the council shall consist
of the mayor or mayor pro tern, and four members of the
council, but a smaller number may adjourn from time to
time and compel the attendance of absent members in such
manner and under such penalties as may be prescribed by
ordinance.
(b) No member shall be excused from voting on any
matter, except that neither the mayor nor any member shall
vote on any matter involving the consideration of his own
official conduct or affecting his financial interests.
Section 5. Said Act is further amended by repealing in
its entirety Section 58 relating to the creation of a city board
of health.
3530 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 6. Said Act is further amended by striking Section
102 which reads as follows:
"Section 102. From and after the effective date of this
Act the interest rate on delinquent City taxes shall be nine
percent (9%).,
and inserting in its place a new Section 102 to read as follows:
"Section 102. Notwithstanding any other provision of this
Act, on and after the effective date of this section all past
due taxes, fees, and assessments of any kind due to the city
shall bear interest at the rate specified by general state law
for past due taxes owed to the state and local taxing jurisdic-
tions.
Section 7. The civil service system of the City of Moultrie
is abolished in its entirety, and said Act is further amended
by repealing in their entirety Sections 6 through 31 of the amen-
datory Act approved February 21, 1951 (Ga. L. 1951, p. 3250),
and known as the Civil Service Act, as amended, and by repeal-
ing all provisions amendatory to said provisions.
Section 8. 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 1985 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 3, 1943 (Ga.
Laws 1943, pp. 1458-1498), and Acts amendatory thereof, and
for other purposes.
Georgia, Colquitt County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Gary W. Boley, who on
oath, deposes and says that he is the Publisher of the Weekly
Moultrie Observer, which is the official organ of Colquitt County,
and that the attached Notice of Local Bill was published in
the Weekly Moultrie Observer on January 2, 1985.
/s/ Gary W. Boley
GEORGIA LAWS 1985 SESSION
3531
Sworn to and subscribed before me,
this 8th day of January, 1985.
/s/ Bobbie F. Brigman
Notary Public.
My Commission Expires Jan. 16, 1987.
(Seal).
Approved February 14, 1985.
CITY OF PERRY MAYOR AND COUNCIL; RESIDENCY;
DISTRICTS.
No. 19 (House Bill No. 86).
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), as amended by an Act approved March 1, 1984 (Ga.
L. 1984, p. 3654) and an Act approved March 1, 1984 (Ga. L.
1984, p. 3668), so as to specify residency requirements for the
citys mayor and council members; to make a correction in the
description of the council districts; to clarify that each member
of the council shall be elected only by the voters of the council
district he or she represents; 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 char-
ter for the City of Perry, approved March 29, 1983 (Ga. L. 1983,
p. 4386), as amended by an Act approved March 1, 1984 (Ga.
L. 1984, p. 3654) and an Act approved March 1, 1984 (Ga. L.
1984, p. 3668), is amended by striking Section 2.11 and inserting
in its place a new section to read as follows:;
"Section 2.11. City council terms and qualification for
office. The members of the city council shall serve for terms
3532 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
of two years and until their respective successors are elected
and qualified. No person shall be eligible to serve as mayor
or council member unless he or she is a qualified municipal
voter and shall have been a resident of the city for one year
immediately prior to the date of his or her election. No per-
son shall be eligible to serve as a council member unless
he or she shall have been a resident of the council district
he or she represents for six months immediately prior to
the date of his or her election. The mayor shall continue
to reside in the city and each council member shall continue
to reside in his or her council district during his or her
term of office. If the mayor or any council member fails to
continue to meet this residency requirement during his or
her term of office, he or she shall immediately resign from
office or, upon failure to resign, be removed from office by
operation of law.
Section 2. Said Act is further amended by striking subsec-
tion (b) of Section 5.11 and inserting in its place a new subsection
(b) to read as follows:
"(b) For the purpose of electing the council members,
the City of Perry shall be divided into three council districts.
The members representing each council district shall be
elected only by the voters residing in that district and not
at large. Said three council districts shall consist of the fol-
lowing territory within the City of Perry:
Council District 1
Tract 212
Block Group 4
Blocks 501 through 517 and 524
Tract 213
Blocks 201 through 211 and
405 through 426
Council District 2
Tract 212
Those parts of Blocks 203 and 206 inside
the City of Perry
Blocks 518 through 523 and 525 through 534
Block Group 6
Blocks 701 through 712, 722, and 723
GEORGIA LAWS 1985 SESSION
3533
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
Section 3. Said Act is further amended by striking subsec-
tion (h) of Section 5.11 and inserting in its place a new subsection
to read as follows:
"(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 meet the
residency requirements of Section 2.11 of this Act.
Section 4. All laws and parts of laws in conflict with this
Act are repealed.
3534 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
1985 session of the General Assembly of Georgia a bill 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), as
amended by an Act approved March 1, 1984 (Ga. L. 1984, p.
3654) and an Act approved March 1, 1984 (Ga. L. 1984, p. 3668);
and for other purposes.
This 11th day of December, 1984.
Larry Walker
State 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: December 20, 1984.
/s/ Larry Walker
Representative,
115th District
Sworn to and subscribed before me,
this 10th day of January, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved February 14, 1985.
GEORGIA LAWS 1985 SESSION
3535
CITY OF PERRY MAYOR PRO TEMPORE; CONFLICTS
OF INTEREST; LEGAL REPRESENTATION; CITY
MANAGER; FISCAL YEAR.
No. 20 (House Bill No. 87).
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), as amended by an Act approved March 1, 1984 (Ga.
L. 1984, p. 3654), and an Act approved March 1, 1984 (Ga. L.
1984, p. 3668), so as to provide that additional compensation
may be provided for the council member who serves as mayor
pro tempore; to remove existing provisions concerning conflicts
of interest of officials, officers, and employees of the city and
make new provisions concerning said matters; to provide for
other legal representation for the city when the city attorney
is unable to provide representation; to authorize the creation
of the office of city manager and provide for the powers, duties,
selection, removal, and compensation of said officer; to provide
that the offices of city clerk and city treasurer may be abolished
and merged with the office of city manager; to provide for the
fiscal year of the city; 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 to reincorporate and provide a new char-
ter for the City of Perry, approved March 29,1983 (Ga. L. 1983,
p. 4386), as amended by an Act approved March 1, 1984 (Ga.
L. 1984, p. 3654), and an Act approved March 1, 1984 (Ga. L.
1984, p. 3668), is amended by striking subsection (b) of Section
2.13, relating to compensation and expenses of the mayor and
council, and inserting in its place a new subsection to read as
follows:
"(b) The compensation of the mayor and council may
be changed by ordinance; and, without limiting the general-
ity of the foregoing, additional compensation may be pro-
vided by ordinance for the council member who serves as
3536 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
mayor pro tempore. Any ordinance providing for an increase
in compensation shall be subject to Code Section 36-35-4 or
any similar law hereafter enacted.
Section 2. Said Act is further amended by striking Section
2.15, relating to conflicts of interest of officials, officers, and
employees of the city, and inserting in its place a new section
to read as follows:
"2.15. Conflicts of interest, (a) If the mayor or any council
member has any private financial interest in any contract
or other matter pending before the city council or any depart-
ment of the city, the mayor or council member shall disclose
such private financial interest to the city council and shall
abstain from taking any part in proceedings relating to such
contract or other matter.
(b) The city council may promulgate policies concerning
conflicts of interest on the part of other officers and employ-
ees of the city.
Section 3. Said Act is further amended by designating the
existing text of Section 3.12, relating to the city attorney, as
subsection (a) and adding thereafter a new subsection (b) of Sec-
tion 3.12 to read as follows:
"Os) In the event the city attorney has a conflict of inter-
est in representing the city on any particular matter or oth-
erwise feels that he or she cannot adequately or properly
represent the city, he or she shall so inform the city council
and the city council shall be authorized to hire another attor-
ney to represent the city in the matter in which the city
attorney has disqualified himself or herself.
Section 4. Said Act is further amended by striking Section
3.13, relating to the city clerk, and inserting in its place a new
section to read as follows:
"Section 3.13. City clerk. The city council shall appoint
a city clerk who shall not be a council member. The city
clerk shall be custodian of the official city seal, maintain
city council records required by this charter, and perform
such other duties as may be required by the city council.
GEORGIA LAWS 1985 SESSION
3537
In the event that the position of city manager is created
as authorized by Section 3.16 of this Act, the city council
may by ordinance abolish the position of city clerk and pro-
vide that the duties of the city clerk shall be performed by
the city manager.
Section 5. Said Act is further amended by striking Section
3.14, relating to the city treasurer, and inserting in its place
a new section to read as follows:
"Section 3.14. City treasurer. The city council shall ap-
point a city treasurer to perform the duties of a treasurer
and fiscal officer. In the event that the position of city man-
ager is created as authorized by Section 3.16 of this Act,
the city council may by ordinance abolish the position of
city treasurer and provide that the duties of the city trea-
surer shall be performed by the city manager.
Section 6. Said Act is further amended by adding a new
Section 3.16 to read as follows:
"Section 3.16. City manager, (a) Upon the recommenda-
tion of the mayor, the city council may in its discretion ap-
point a city manager who shall be the administrative head
of the city government and shall be responsible for the ad-
ministration of all departments of city government. The city
council shall be authorized to create the office of city man-
ager only upon the recommendation of the mayor both as
to the creation of the position and as to the person to be
appointed; and if the mayor does not make such a recommen-
dation, or if the council does not by the affirmative votes
of four council members accept the recommendation of the
mayor both as to the creation of the position and of the
person to be appointed, then the position shall not be created.
(b) After the creation of the office of city manager, upon
the occurrence of a vacancy in the office of city manager,
a new city manager to fill the vacancy may be selected by
the affirmative vote of four council members to accept a
person nominated by the mayor. With respect to such future
city managers, if the city council fails to accept by the speci-
fied majority a person nominated by the mayor, then the
office of city manager shall be abolished as of the date of
3538 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
the councils failure to accept by the specified majority the
person nominated by the mayor. If so abolished, the office
of city manager may thereafter be re-created in the manner
specified in subsection (a) of this section.
(c) The city manager shall be appointed with regard
to merit only and need not be a resident of the city when
appointed. The city manager shall hold office during the
pleasure of the city council and shall receive such compensa-
tion as the city council shall determine. The city manager
may reside outside the city while in office only with the
approval of the city council.
(d) The city manager shall:
(1) See that the laws of the state and the ordinances,
resolutions, rules, and regulations of the city are faith-
fully executed and enforced;
(2) Prepare the agenda and attend meetings of the
mayor and council and recommend for adoption any mea-
sure deemed expedient;
(3) Make reports to the mayor and council from time
to time upon the affairs of the city and keep the mayor
and council fully advised of the citys financial condition
and its future financial needs;
(4) Appoint and suspend or remove all city employ-
ees, except those persons appointed by the mayor and
council under the provisions of this Act, in accordance
with such general personnel rules, regulations, policies,
or ordinances as the mayor and council may adopt;
(5) Prepare and submit a proposed annual budget
and capital program to the mayor and council;
(6) Direct and supervise the administration of all
departments, properties, and operations of the city, ex-
cept as otherwise provided by this Act or general state
law;
(7) Investigate the affairs, records, accounts, and ex-
penditures of the various commissions and boards ere-
GEORGIA LAWS 1985 SESSION
3539
ated by the City of Perry and report thereon at least
once a year to the mayor and council;
(8) Have the right to request the counsel, advice,
or opinion of the city attorney concerning any matter
affecting the interest of the city; and it shall be the duty
of the city attorney to respond to such request to the
best of his or her ability;
(9) Act in a liaison capacity on behalf of the mayor
and council with boards, offices, agencies, and commis-
sions of the city; and
(10) Exercise any other powers and perform any
other duties required or authorized by the mayor and
council and not inconsistent with this charter.
(e) Except for the purpose of inquiry and investigation,
the mayor and council shall deal with city employees who
are subject to appointment and removal by the city manager
solely through the city manager and shall not give orders
or directions to any such employee, either publicly or pri-
vately, directly or indirectly.
(f) The mayor and council may remove the city man-
ager from office in accordance with the following procedures:
(1) The affirmative votes of four members of the
council shall be required to adopt a preliminary resolu-
tion setting forth reasons for the removal of the city
manager;
(2) The resolution may also provide for the suspen-
sion of the city manager for a period not to exceed 45
days;
(3) A certified copy of the resolution shall promptly
be served on the city manager;
(4) A public hearing shall be held if a written re-
quest therefor is filed by the city manager with the city
clerk, or with the mayor in the event the city clerk and
city manager are the same person, not later than five
3540 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
days after service upon him or her of a certified copy
of the preliminary resolution;
(5) The public hearing, if requested, shall be held
at a regularly scheduled council meeting not less than
15 nor later than 30 days after the request is filed. The
city manager may file with the city clerk a response to
the preliminary removal resolution not later than three
days prior to the public hearing;
(6) The affirmative votes of four members of the
council shall be required to adopt a final resolution of
removal which may be made effective immediately. Such
a final resolution of removal may be made at any time
after five days from the date when a certified copy of
the preliminary resolution was served on the city man-
ager, if no public hearing has been requested in writing,
or at any time after the public hearing if a request there-
for has been properly and timely filed;
(7) The city manager shall be entitled to receive his
or her salary up until the effective date of a final resolu-
tion of removal; and
(8) The action of the mayor and council in suspend-
ing or removing a city manager shall not be subject to
review by any court or agency except for the determina-
tion of constitutional questions.
(g) In the event of the absence or disability of the city
manager or a vacancy in the office, the mayor and council
shall appoint an acting city manager to serve until the return
of the city manager, or the removal of the disability, or until
the vacancy in office shall have been regularly filled. An
acting city manager shall take the same oath, exercise all
of the powers, and discharge all of the duties of the city
manager.
Section 7. Said Act is further amended by adding a new
Section 3.17 to read as follows:
"Section 3.17. Combination of functions of clerk, trea-
surer, and manager. The functions of any of the offices of
GEORGIA LAWS 1985 SESSION
3541
city manager, city treasurer, and city clerk may be combined
so that a single person serves in any two or more of such
offices, except that the office of city manager shall be created
only as provided in Section 3.16 of this Act.
Section 8. Said Act is further amended by striking Section
6.22, relating to the fiscal year of the city, and inserting in its
place a new section to read as follows:
"Section 6.22. Fiscal year. Unless otherwise provided by
ordinance, the fiscal year of the city shall begin on July 1
and end on June 30. The city council may by ordinance
prescribe a different fiscal year. The fiscal year shall consti-
tute the budget year and the year for financial reporting
and accounting of each and every office, department, agency,
and activity of the city government, unless otherwise pro-
vided by general state or federal law.
Section 9. All laws and parts of laws in conflict with this
Act are repealed.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular
1985 session of the General Assembly of Georgia a bill 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), as
amended by an Act approved March 1, 1984 (Ga. L. 1984, p.
3654) and an Act approved March 1, 1984 (Ga. L. 1984, p. 3668);
and for other purposes.
This 11th day of December, 1984.
Larry Walker
State Representative,
115th District
Georgia, Houston County.
Personally appeared before me this date, Jim Kerce, publisher
of The Houston Home Journal, Perry, Ga., the Official Organ
of Houston County, Georgia, who certifies that the Legal Notice,
Intent Local Legislation was published in The Houston Home
Journal on the following dates: December 20, 1984.
3542 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This 21st day of December, 1984.
/s/ Jim Kerce
Publisher,
Houston Home Journal
Perry, Georgia
Sworn to and subscribed before me,
this 21st day of December 1984.
/s/ Tammy Draper
Notary Public, Georgia, State at Large.
My Commission Expires Oct. 8, 1985.
(Seal).
Approved February 14, 1985.
CITY OF CARROLLTON MAYOR AND COUNCILMEN;
ELECTIONS.
No. 21 (House Bill No. 278).
AN ACT
To amend an Act establishing a new charter for the City
of Carrollton, approved September 9, 1891 (Ga. L. 1890-91, p.
474), as amended, so as to change the provisions relating to
the election of councilmen; to provide for election wards; to
provide definitions and for other territory; to provide for elec-
tions; to provide for voting; to provide for residency; to provide
for terms of office; to continue the office of mayor as such existed
on January 1, 1985; to provide for filling vacancies; to provide
for conflicting provisions; to provide for other matters relative
thereto; to amend an Act amending an Act establishing a new
charter for the City of Carrollton, approved March 6, 1945 (Ga.
L. 1945, p. 872), so as to repeal certain provisions relative to
GEORGIA LAWS 1985 SESSION
3543
elections; to repeal an Act entitled "An Act to amend an Act
entitled 'An Act to amend an Act establishing a new charter
for the City of Carrollton, Georgia approved September 9, 1891
(Ga. L. 1891, pp. 474, 478) by changing the term of office of
the Mayor and four Councilmen to four years; the creation of
four separate posts for the office of Councilmen and the require-
ment that each person offering for election as Councilman of
the City of Carrollton shall designate the post that he or she
seeks to fill; to provide that the two Councilmen who are elected
in the general election in 1975 receiving the smallest number
of votes between the several Councilmen elected at said election
shall serve for a period of two years and thereafter the Mayor
and all Councilmen elected shall serve for a period of four years
or until their successor is elected and qualified; a referendum
in which the qualified voters of the City of Carrollton may vote
for or against the acceptance of the provisions of this Act; to
repeal all conflicting laws; and for other purposes., approved
March 22,1974 (Ga. L. 1974, p. 2791); 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 Carrollton, approved September 9, 1891 (Ga. L. 1890-91, p.
474), as amended, is amended by striking Section III and Section
IV thereof and inserting in lieu thereof a new Section III and
Section IV to read as follows:
"Section III. (a) For the purpose of electing councilmen,
the City of Carrollton shall be divided into four election
wards consisting of the following territory within the City
of Carrollton:
Election Ward 1
The area between a line which begins at the North-
erly intersection of the center line of North Park Street
with the City Limits extending Southerly to the intersec-
tion of the center line of Maple Street; thence South-
westerly on the center line of Maple Street to the intersec-
tion of the center line of South Street; thence Westerly
along the center line of South Street to the center line
3544 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
of Matthews Avenue; thence Northerly along the center
line of Matthews Avenue to the center line of Foster
Street; thence Westerly along the center line of Foster
Street to its intersection with the center line of South
Street; thence Westerly along the center line of South
Street to the center line of Brumbelow Road; thence
Northerly along the center line of Brumbelow Road to
its intersection with the center line of Loworn Road;
thence Westerly along the center line of Loworn Road
to the City Limits.
Election Ward 2
The area between the line which begins at the inter-
section of the center line of North Park Street with the
City Limits extending Southerly to the intersection of
the center line of Maple Street; thence Northeasterly
along the center line of Maple Street to its intersection
with the center line of Alabama Street; thence Easterly
along the center line of Alabama Street across Adamson
Square and continuing Easterly on the center line of
Newnan Street to its intersection with the center line
of Cedar Street; thence Easterly along the center line
of Cedar Street to its intersection with the center line of
Bums Road; thence Northerly along the center line
of Bums Road to the intersection of the center line of
Barnes Road; thence Southeasterly along the center line
of Barnes Road to the City Limits.
Election Ward 3
The area between a line which begins at the intersec-
tion of the center line of Hays Mill Road with the South-
erly City Limits of the City of Carrollton and extending
Northerly along the center line of Hays Mill Road to
the center line of Longview Street; thence Northeasterly
along the center line of Longview Street to the center
line of Maple Street; thence Northeasterly along the cen-
ter line of Maple Street to the center line of Alabama
Street; thence Easterly along the center line of Alabama
Street and continuing across Adamson Square Easterly
and along the center line of Newnan Street to the center
line of Cedar Street; thence Easterly along the center
line of Cedar Street to the center line of Bums Road;
GEORGIA LAWS 1985 SESSION
3545
thence Northerly to the center line of Barnes Road;
thence Southeasterly along the center line of Barnes
Road to the City Limits.
Election Ward 4
The area between a line formed by the South bound-
ary of Ward 1 and a line beginning at the intersection
of the center line of Maple Street and the center line
of Longview Street and thence continuing Southwesterly
along the center line of Longview Street to the center
line of Hays Mill Road; thence Southerly along the center
line of Hays Mill Road to its intersection with the City
Limits.
(b) For the purposes of this section:
(1) Whenever the description of any election ward
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.
(2) Any part of the City of Carrollton which is not
included in any election ward described in this section
or any territory annexed into the City of Carrollton shall
be included within that election ward contiguous to such
part or territory which contains the least population ac-
cording to the United States decennial census of 1980
for the State of Georgia.
(c) Those councilmen in office on April 1, 1985, shall
serve out the remainder of the terms to which they were
elected. At the city election in 1985, a councilman shall be
elected from Election Ward 1 and a councilman shall be
elected from Election Ward 2. At the city election in 1987,
a councilman shall be elected from Election Ward 3 and a
councilman shall be elected from Election Ward 4. A council-
man must reside within the election ward from which he
is elected and shall be elected by the electors residing within
that election ward. The term of office of councilmen shall
be for four years and until their successors are elected and
qualified.
3546 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(d) The mayor in office on April 1, 1985, shall serve
out the remainder of the term to which he was elected. At
the city election in 1987, a mayor shall be elected. The mayor
must reside within the city and shall be elected by the elec-
tors residing within the city. The term of office of the mayor
shall be for four years and until his successor is elected
and qualified.
(e) If at any time during his term of office the mayor
moves his residence from the City of Carrollton, the office
shall be declared vacant. If at any time during his term of
office a councilman moves his residence from the election
ward from which he was elected, the office shall be declared
vacant.
(f) This section shall supersede any provision of the
charter of the City of Carrollton which is in conflict with
this section, and such conflicting provision of the charter
is repealed to the extent of such conflict.
Section IV. In the event a vacancy occurs in the office
of mayor or councilman for any cause whatsoever, the clerk
of the City of Carrollton shall call a special election as pro-
vided by law to fill the balance of the unexpired term; pro-
vided, however, if a regular election for the vacant office
is to be held within six months after such vacancy occurs,
the office shall remain vacant until the person elected at
such regular election takes office.
Section 2. An Act amending an Act establishing a new
charter for the City of Carrollton, approved March 6,1945 (Ga.
L. 1945, p. 872), is amended by striking therefrom the following:
"Section 1. Be it enacted by the General Assembly of
the State of Georgia, and it is hereby enacted by the author-
ity aforesaid that, from and after the passage of this Act,
the charter granting corporate authority to the City of Car-
rollton, Georgia, heretofore shall be amended, revised and
changed as hereinafter provided and set forth.
Section 2. That the Mayor and four councilmen shall
be elected by the duly registered and qualified voters of said
GEORGIA LAWS 1985 SESSION
3547
City from the qualified residents of said City at large without
regard to place of residence, or with reference to any ward
in said City. The purpose being that the Mayor and each
Councilman shall be bona fide residents of said City and
qualified for the office regardless of whatever part of said
City each may so reside, and to restore the election of the
Mayor and City Councilmen as provided in the Acts of 1891,
granting charter to said City.
That the candidate receiving the highest number of votes
polled in any primary, nomination or election on the date
as now prescribed or herein prescribed by law to be held
shall be declared the nominee, or elected to the respective
offices.
Section 3. That the next general election shall be held
on the first Saturday in October, 1945, and biennially there-
after; the Mayor and each councilman in said next regular
primary who are elected shall be elected for a full term of
two years.
Section 4. Be it further enacted by the General Assembly
of the State of Georgia, and it is hereby enacted by the au-
thority aforesaid that no person shall be eligible to the office
of the Mayor of the City of Carrollton unless he shall have
attained the age of thirty years and is a citizen of the United
States, a freeholder and shall have resided in said City of
Carrollton two years continuously immediately preceding
his nomination or election.
No person shall be eligible to the office of councilman
unless he shall have attained the age of twenty five years,
a freeholder, and a citizen of the United States and shall
have resided within said City of Carrollton twelve months
continuously immediately preceding his election or nomina-
tion.
Each of the aforesaid officers shall have paid all of his
taxes due and demanded of him by the State and County,
and the City of Carrollton, except for the year in which
said election shall be held, and who shall have paid all legal
assessments, license fees and business taxes required of him
or her for either of the aforesaid offices.
3548 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 3. An Act entitled "An Act to amend an Act enti-
tled 'An Act to amend an Act establishing a new charter for
the City of Carrollton, Georgia approved September 9, 1891
(Ga. L. 1891, pp. 474, 478) by changing the term of office of
the Mayor and four Councilmen to four years; the creation of
four separate posts for the office of Councilmen and the require-
ment that each person offering for election as Councilman of
the City of Carrollton shall designate the post that he or she
seeks to fill; to provide that the two Councilmen who are elected
in the general election in 1975 receiving the smallest number
of votes between the several Councilmen elected at said election
shall serve for a period of two years and thereafter the Mayor
and all Councilmen elected shall serve for a period of four years
or until their successor is elected and qualified; a referendum
in which the qualified voters of the City of Carrollton may vote
for or against the acceptance of the provisions of this Act; to
repeal all conflicting laws; and for other purposes., approved
March 22,1974 (Ga. L. 1974, p. 2791), is 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 given that there will be introduced at the regular
1985 session of the General Assembly of Georgia a bill to amend
the charter for the City of Carrollton and several amendatory
Acts thereto; and for other purposes.
This 2nd day of January, 1985.
Mayor and City
Council of Carrollton
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Charles Thomas, who, on
oath, deposes and says that he is Representative from the 69th
District, and that the attached copy of Notice of Intention to
Introduce Local Legislation was published in the Daily Times
GEORGIA LAWS 1985 SESSION
3549
Georgia which is the official organ of Carroll County, on the
following date: January 2, 1985.
/s/ Charles Thomas
Representative,
69th District
Sworn to and subscribed before me,
this 18th day of January, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved February 14, 1985.
HENRY COUNTY DEVELOPMENT AUTHORITY
COMPENSATION; EXPENSES; RATIFICATION OF
ACTIONS.
No. 22 (House Bill No. 726).
AN ACT
To amend an Act creating the Henry County Development
Authority, approved March 28, 1967 (Ga.L. 1967, p. 2291), as
amended, particularly by an Act approved March 7, 1980 (Ga.
L. 1980, p. 3087), and by an Act approved April 12, 1982 (Ga.
L. 1982, p. 4078), so as to change provisions relating to the com-
pensation of members and reimbursement of expenses; to pro-
vide for the validity and ratification of certain actions by the
authority; to provide for the expenditure of certain funds for
promotional and entertainment expenses relating to projects;
to repeal conflicting laws; and for other purposes.
3550 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act creating the Henry County Development
Authority, approved March 28, 1967 (Ga. L. 1967, p. 2291), as
amended, particularly by an Act approved March 7, 1980 (Ga.
L. 1980, p. 3087), and by an Act approved April 12, 1982 (Ga.
L. 1982, p. 4078), is amended by striking in its entirety subsection
(d) of Section 4 and inserting in its place a new subsection (d)
to read as follows:
"(d) Each member of the authority shall receive as com-
pensation for his services $40.00 per regular or special'called
meeting attended. Each member of the authority and the
employees of the authority shall also be reimbursed in full
for all reasonable expenses incurred in connection with the
performance of activities that serve the purposes for which
the authority was created. All such reimbursements shall
be approved by the authority. The governing authority of
Henry County shall approve all reimbursements to authority
members once the aggregate total reimbursements exceed
$500.00 for a given month.
Section 2. Said Act is further amended by striking in its
entirety subsection (g) of Section 4 and inserting in its place a
new subsection (g) to read as follows:
"(g) No action taken by the authority between January
1, 1985, and the effective date of this Act shall be invalid
or otherwise affected by the prior provisions of this subsec-
tion, relating to members of the authority holding other
offices. All actions taken by the authority between January
1,1985, and the effective date of this Act are hereby ratified
and confirmed to be valid and binding.
Section 3. Said Act is further amended by striking in its
entirety Section 11 and inserting in its place a new Section
11 to read as follows:
"Section 11. Promotional and Entertainment Expenses,
(a) As used in this section, the term 'promotional and enter-
tainment expenses shall mean expenses incurred to solicit,
attract, obtain, and complete projects, including expenses
incurred for entertainment of industrial and commercial
representatives.
GEORGIA LAWS 1985 SESSION
3551
(b) The authority may expend such funds as it deems
necessary for the payment of promotional and entertain-
ment expenses, provided that the funds are derived from
sources other than revenues received from Henry County,
the State of Georgia, or the federal government.
(c) Office expenses, employee salaries, and food, lodging,
and transportation expenses, and the cost of attending semi-
nars, conferences, and meetings incurred by authority mem-
bers or employees traveling in furtherance of the purposes
of the authority shall not be considered promotional or enter-
tainment expenses but shall be considered expenditures in
the normal course of business, and such expenditures shall
be considered as authorized by paragraphs (4) and (10) of
Section 6 of this Act.
(d) The authority shall keep records of all promotional
and entertainment expenses incurred and shall account for
all such expenses in the annual audit.
(e) The powers granted by this section shall not be
deemed to restrict other powers of the authority, but shall
be considered cumulative in their effect.
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
1985 session of the General Assembly of Georgia a bill to amend
the "Henry County Development Authority Act, approved
March 28, 1967 (Ga. L. 1967, p. 2291), as amended, particularly
by an Act approved April 10, 1975 (Ga. L. 1975, p. 2833), an
Act approved March 7, 1980 (Ga. L. 1980, p. 3087), and an Act
approved April 12, 1982 (Ga. L. 1982, p. 4078); and for other
purposes.
This 30th day of January, 1985.
Honorable Wesley Dunn
Representative,
73rd District
3552 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Wesley Dunn, who, on oath,
deposes and says that he is Representative from the 73rd Dis-
trict, and that the attached copy of Notice of Intention to Intro-
duce Local Legislation was published in the Henry Herald which
is the official organ of Henry County, on the following dates:
January 30, 1985.
/s/ Wesley Dunn
Representative,
73rd District
Sworn to and subscribed before me,
this 11th day of February, 1985.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 11, 1988.
(Seal).
Approved February 15, 1985.
WALKER COUNTY RURAL WATER AND SEWER
AUTHORITY MEMBERSHIP; REVENUE BONDS.
No. 25 (House Bill No. 166).
AN ACT
To amend an Act creating the Walker County Rural Water
and Sewer Authority, approved April 21, 1967 (Ga. Laws 1967,
p. 3370), as amended by Acts approved April 10,1968 (Ga. Laws
1968, p. 3526) and March 26, 1980 (Ga. Laws 1980, p. 4075),
so as to change provisions relating to the members of the author-
GEORGIA LAWS 1985 SESSION
3553
ity and their selection; to change provisions relating to the is-
suance of revenue bonds by the authority; to provide for other
matters relative to the foregoing; to provide an effective date;
to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act creating the Walker County Rural Wa-
ter and Sewer Authority, approved April 21, 1967 (Ga. Laws
1967, p. 3370), as amended by Acts approved April 10, 1968
(Ga. Laws 1968, p. 3526) and March 26, 1980 (Ga. Laws 1980,
p. 4075), is hereby amended by striking in its entirety Section
2 and inserting in its place a new Section 2 to read as follows:
"Section 2. Walker County Rural Water and Sewer Au-
thority. (a) There is hereby created a body corporate and
politic, to be known as the Walker County Rural Water and
Sewer Authority, which shall be deemed to be a political
subdivision of the State of Georgia and a public corporation
and by that name, style, and title said body may contract
and be contracted with, sue and be sued, implead and be
impleaded, complain and defend in all courts of law and
equity.
(b) The authority shall consist of five members, all of
whom shall be residents of Walker County, Georgia, all of
whom shall reside outside the corporate limits of any munici-
pality in said county and shall at the time of appointment
be users of the facilities of the authority. The provision relat-
ing to a member being a user shall not apply to the members
of the authority originally appointed or to the members
named in subsection (k) of this section. No member shall
be eligible for reappointment for a period of two years from
the expiration date of his previous term, except a member
appointed to fill a vacancy shall not be disqualified to be
elected to that office by the users. Notwithstanding any other
provision herein, all members of the authority shall serve
until their successors are appointed and qualified. To be eligi-
ble for appointment no member shall have been found guilty
of a felony, and he shall be at least 21 years of age and
shall have been a resident of Walker County for at least
two years prior to his appointment.
3554 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(c) The members shall elect one of their number as
chairman, another as vice-chairman, and may also elect a
secretary or treasurer or secretary-treasurer, who need not
necessarily be a member of the authority. The officers of
the authority shall serve for a period of one year and until
their successors are appointed and qualified. Three members
of the authority shall constitute a quorum.
(d) In the event of a vacancy by reason of death, disqual-
ification, resignation, or other reason, the remaining mem-
bers of the authority, by majority vote, shall appoint a person
meeting the qualifications above set out for membership to
serve until the next March meeting for the election of mem-
bers.
(e) Members of the authority shall lose their positions
upon being found guilty of a felony, moving from Walker
County, moving into any municipality within Walker
County, or by action of the Walker County grand jury for
any act of misfeasance, malfeasance, or nonfeasance in the
sole discretion of said grand jury.
(f) No vacancy on the authority shall impair the right
of a quorum to exercise all of the rights and perform all
of the duties of the authority.
(g) 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.
(h) The members of the authority shall serve without
compensation, provided that all members shall be reim-
bursed 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 perpet-
ual existence.
(i) The authority shall have a complete audit of its fi-
nancial record made at least once in each calendar year
by a certified public accountant, and such audit shall be
published in the official newspaper of Walker County at least
once each calendar year and within one month of the submis-
sion thereof.
GEORGIA LAWS 1985 SESSION
3555
(j) During the month of March in the year after the
water system becomes operational, and in the month of
March in each year thereafter, a meeting of those persons,
firms, corporations, companies, and organizations who use
the facilities of the authority shall be called by the authority,
after notice thereof has been published in the official newspa-
per of Walker County, at least ten days prior to the date
of such meeting, for the purpose of electing successors to
those members whose terms expire in such year and to elect
a member to fill any unexpired term of a member whose
office is vacant or filled by a replacement appointed by the
members. If, for any reason whatsoever, the users of the
systems shall fail to elect a member at any annual meeting,
the remaining members of the authority shall appoint, by
majority vote, a duly qualified person as a member of the
authority to serve until the next annual meeting of the users.
The authority is hereby authorized to promulgate and adopt
rules and regulations providing for the method and proce-
dures for holding such annual meetings and elections.
(k) Beginning on the date of the enactment of this Act,
the following persons shall serve as members of the author-
ity:
(1) Edith Brombelow, who shall hold an initial term
of office expiring in March 1986;
(2) Harold Tracy, who shall hold an initial term of
office expiring in March 1987;
(3) Raymond Douglas, who shall hold an initial term
of office expiring in March 1988;
(4) William Crowe, who shall hold an initial term
of office expiring in March 1989; and
(5) C. H. Mathis, who shall hold an initial term of
office expiring in March 1990.
All successors to the above-named members shall serve
a five-year term.
Section 2. An Act creating the Walker County Rural Wa-
ter and Sewer Authority, approved April 21, 1967 (Ga. Laws
3556 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
1967, p. 3370), as amended by Acts approved April 10, 1968
(Ga. Laws 1968, p. 3526) and March 26, 1980 (Ga. Laws 1980,
p. 4075), is hereby amended by striking in its entirety Section
5 and inserting in its place a new Section 5 to read as follows:
"Section 5. Revenue Bonds. The authority, or any au-
thority 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 revenue bonds, in a sum not to exceed
four million ($4,000,000.00) dollars 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 herein provided for such payment.
The bonds of each issue shall be dated, shall bear interest
at the rate or rates and shall mature at such time or times
as permitted by resolution of the authority. The bonds 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 by resolution
of the authority.
Section 3. An Act creating the Walker County Rural Wa-
ter and Sewer Authority, approved April 21, 1967 (Ga. Laws
1967, p. 3370), as amended by Acts approved April 10, 1968
(Ga. Laws 1968, p. 3526) and March 26, 1980 (Ga. Laws 1980,
p. 4075, is hereby amended by striking in its entirety Section
9 and inserting in its place a new Section 9 to read as follows:
"Section 9. Same; sale; price. The authority may sell
such bonds in such manner and for such price as it may
determine to be for the best interests of the authority.
Section 4. This Act shall become effective upon its ap-
proval 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.
GEORGIA LAWS 1985 SESSION
3557
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the
regular session of the General Assembly, 1985, a bill to amend
the Acts which created the Walker County Rural Water and
Sewer Authority, so as to change provisions relating to the mem-
bers of the authority and their selection and to change provisions
relating to the issuance of revenue bonds by the authority, and
for other purposes.
This the 7th day of January, 1985.
Glen M. Vey
Attorney for the
Walker County Rural Water
and Sewer Authority
State of Georgia.
County of Fulton.
Personally appeared before me, the undersigned notary pub-
lic, duly authorized to administer oaths, Forest Hays, Jr., who,
on oath, deposes and says that he is the 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 9, 1985.
/s/ Forest Hays, Jr.
Representative,
1st District
Sworn and subscribed before me,
this 15th day of January, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved February 18, 1985.
3558 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
WILKES COUNTY BOARD OF EDUCATION ELECTION
DISTRICTS.
No. 28 (Senate Bill No. 167).
AN ACT
To provide for election districts for the board of education
of Wilkes County; to repeal conflicting laws; and for other pur-
poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. For the purpose of electing members of the
board of education, the Wilkes County School District shall be
divided into four education districts described as follows:
(1) Education District No. 1
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) Education District No. 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
GEORGIA LAWS 1985 SESSION
3559
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) Education District No. 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.
(4) Education District No. 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;
3560 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
thence running North and West on Co. Rd. # 82 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 1985 session of the General Assembly of Georgia, a bill
to provide for election districts for the board of education of
Wilkes County and for other purposes.
This 15th day of January 1985.
Sam P. McGill
Senator,
24th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Sam P. McGill, who, on
oath, deposes and says that he is Senator from the 24th District,
and that the attached copy of Notice of Intention to Introduce
Local Legislation was published in the News-Reporter which
is the official organ of Wilkes County, on the following date:
January 17, 1985.
/s/ Sam P. McGill
Senator,
24th District
Sworn to and subscribed before me,
this 25th day of January, 1985.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 11, 1988.
(Seal).
Approved February 20, 1985.
GEORGIA LAWS 1985 SESSION
3561
CITY OF BACONTON MAYOR AND COUNCILMEN;
ELECTIONS.
No. 31 (House Bill No. 678).
AN ACT
To amend an Act reincorporating and providing a new char-
ter for the City of Baconton in Mitchell County, approved Febru-
ary 13,1976 (Ga. L. 1976, p. 2552), so as to change the composi-
tion of the governing authority of the City of Baconton; to
provide for the election of a mayor and councilmen and their
terms of office; to provide for council districts from and by which
councilmen shall be elected; to provide for vacancies; 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 reincorporating and providing a new
charter for the City of Baconton in Mitchell County, approved
February 13,1976 (Ga. L. 1976, p. 2552), is amended by striking
Section 5.10 and inserting in its place a new section to read
as follows:
"Section 5.10. (a) The mayor and councilmen holding of-
fice on the effective date of this section shall continue to
serve for the remainder of the terms for which they were
elected. Their successors and future successors shall be
elected according to the following provisions of this section.
(b) The mayor may reside anywhere within the City
of Baconton and shall be elected by the voters of the entire
city at large. Each councilman shall reside within the council
district he represents and shall be elected only by the voters
of that council district. The office of any councilman shall
be vacated by operation of law if he ceases to reside within
the council district he represents. Council districts for the
election of councilmen shall be as described in subsection
(e) of this section.
(c) There shall be a regular municipal election on the
second Tuesday of May in each year. Councilmen to repre-
3562 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
sent Council Districts No. 1, 3, and 5 shall be elected at
the regular municipal election in 1985 and each odd-num-
bered year thereafter. The mayor and councilmen to repre-
sent Council Districts No. 2 and 4 shall be elected at the
regular municipal election in 1986 and each even-numbered
year thereafter. The mayor and councilmen shall take office
on the fourth Monday in May following their election, as
provided in Section 2.30 of this charter, and shall serve for
terms of two years and until their successors are elected
and qualified.
(d) Any vacancy in the office of mayor or councilman
shall be filled as provided elsewhere in this charter, except
that any councilman selected to fill a vacancy shall be a
resident of the council district he represents and any special
election to fill a vacancy in the office of councilman shall
be only by the voters of the unrepresented council district.
(e) The boundaries of the five council districts are de-
scribed as follows:
Council District No. If Beginning at the intersec-
tion of Durham Street with the west city limits and run-
ning thence in an eastern direction along the center of
Durham Street to where same is intersected by Miller
Street, running thence in a northern direction along the
center of Miller Street to where same is intersected by
Plant Street, running thence in an eastern direction
along the center of Plant Street to where same intersects
Georgia Highway 3, running thence along the center of
Georgia Highway 3 in a northern direction to where same
is intersected by McDowell Street, running thence along
the center of said McDowell Street in a westerly direction
to where same curves, continuing thence along the center
of said McDowell Street in a southwesterly direction to
where said street intersects the west city limits, running
thence in a southern direction along the west city limits
line to where same is intersected by Durham Street the
Point of Beginning.
Council District No. 2. Beginning at a point on
the west city limits of the City of Baconton where same
is intersected by Durham Street, running thence in an
GEORGIA LAWS 1985 SESSION
3563
eastern direction along the center of Durham Street to
where same intersects Georgia Highway 3, running
thence in a southerly direction along the center of Geor-
gia Highway 3 to where same is intersected by Glausier
Street, running thence in a easterly direction along the
center of Glausier Street to where same is intersected
by Church Street, running thence along the center of
Church Street in a southern direction to where same
intersects Sale City Road, running thence in a westerly
direction along the center of Sale City Road to where
same is intersected by an unnamed paved road which
lies immediately west of the Miller Homes Division of
the Camilla Housing Authority, running thence in a
southern direction along the center of said unnamed
paved road and a projection south of same to Raccoon
Creek, run thence in a southeasterly direction along run
of Raccoon Creek to the south city limits of the City of
Baconton, running thence in a western direction along
the south city limits line of the City of Baconton to the
southwest corner of the city limits of the City of Bacon-
ton, running thence in a northerly direction along the
west city limits line of the City of Baconton to the point
of beginning.
Council District No. 3. Beginning at a point on
the west city limits of the City of Baconton where same
is intersected by the center of McDowell Street, running
thence in a northerly direction along the western city
limits line to the northwest corner of city limits, running
thence along said northern city limits line of the City
of Baconton to the northeast corner of city limits, run-
ning thence in a southerly direction along the eastern
city limits line to where same is intersected by the center
of Lester Road, running thence in a western direction
along the center of Lester Road to a point where same
intersects Georgia Highway 3, running thence in a north-
ern direction along the center of Georgia Highway 3 to
point where same is intersected by McDowell Street, run-
ning thence in a westerly direction along the centerline
of McDowell Street to where said street turns to the
southwest, running thence along the center of said street
in a southwesterly direction to where same is intersected
by the west city limits, the Point of Beginning.
3564 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Council District No. 4. Beginning at the southeast
corner of the city limits of the City of Baconton, running
thence in a northern direction along the east city limits
line to where same is intersected by Lester Road, running
thence along the center of Lester Road in a westerly
direction to where same is intersected by School Avenue,
running thence in a southerly direction along center of
School Avenue to where same is intersected by Walton
Street, running thence in a westerly direction along the
center of Walton Street to a point where same is inter-f
sected by Church Street, running thence in a southerly
direction along the center of Church Street to a point
where same is intersected by Sale City Road, running
thence in a westerly direction along the center of Sale
City Road to a point where same is intersected by an
unnamed paved road which runs immediately west of
the Miller Homes Division of the Camilla Housing Au-
thority, running thence along the center of said unnamed
paved road in a southerly direction and thence in a south-
ern projection of said unnamed paved road to Raccoon
Creek, run thence in a southeasterly direction along run
of Raccoon Creek to the south city limits line of the City
of Baconton, running thence in an easterly direction
along the south city limits line of the City of Baconton
to the Point of Beginning.
Council District No. 5. Beginning at the southwest
corner of the intersection of center of Lester Road and
center of School Avenue, running thence in a southerly
direction along center of School Avenue to where same
is intersected by Walton Street, running thence in a west-
erly direction along center of Walton Street to where
same is intersected by Church Street, running thence
in a southern direction along center of Church Street
to where same is intersected by Glausier Street, running
thence in a westerly direction along center of Glausier
Street to point where same is intersected by Georgia
Highway 3, running thence in a northerly direction along
center of Georgia Highway 3 to a point where same is
intersected by Durham Street, running thence in a west-
erly direction along center of Durham Street to point
where same is intersected by Miller Street, running
thence in a northerly direction along center of Miller
GEORGIA LAWS 1985 SESSION
3565
Street to the point where same is intersected by Plant
Street, running thence in an easterly direction along cen-
ter of Plant Street to where same is intersected by Geor-
gia Highway 3, running thence in a northerly direction
along center of Georgia Highway 3 to point where same
is intersected by Lester Road, running thence in an east-
erly direction along center of Lester Road to a point
where same is intersected by School Avenue the point
of beginning.
(f) If any part of the City of Baconton is not included
within the description of any council district under subsec-
tion (e) of this section, then such part of the city shall be
included in that contiguous council district which has the
least population according to the United States decennial
census of 1980.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Notice of Intention to Introduce Legal Legislation.
Notice is given that there will be introduced at the regular
1985 session of the General Assembly of Georgia a bill to provide
for the Amendment to the Charter of the City of Baconton so
as to provide for the election of Councilmen from specific geo-
graphical wards rather than at-large, and for other purposes.
This 29th day of January, 1985.
A. Richard Royal
P.O. Box 387 *
Camilla, GA 31730
(912) 336-8231
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: February 1, 1985.
3566 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
/s/ A. Richard Royal
Representative,
144th District
Sworn to and subscribed before me,
this 6th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved February 26, 1985.
STATE COURT OF HALL COUNTY ASSISTANT
SOLICITORS; CLERICAL EMPLOYEES OF THE SOLICITOR.
No. 32 (House Bill No. 330).
AN ACT
To amend an Act establishing the State Court of Hall County,
approved August 14, 1891 (Ga. L. 1890-91, p. 939), as amended,
particularly by an Act approved March 13, 1978 (Ga. L. 1978,
p. 3531) and by an Act approved April 12, 1982 (Ga. L. 1982,
p. 3852), so as to provide for assistant solicitors of said state
court; to provide for clerical employees of the solicitor; 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 establishing the State Court of Hall
County, approved August 14, 1891 (Ga. L. 1890-91, p. 939), as
amended, particularly by an Act approved March 13, 1978 (Ga.
L. 1978, p. 3531) and by an Act approved April 12, 1982 (Ga.
L. 1982, p. 3852), is amended by designating the present lan-
GEORGIA LAWS 1985 SESSION
3567
guage of Section 4A as subsection (a) of said section and by
adding at the end of said section new subsections (b) and (c)
to read as follows:
"(b) The Solicitor of the State Court of Hall County
shall be authorized to employ an assistant solicitor and fix
the compensation of said assistant in an amount not exceed-
ing 80 percent of the compensation which may be received
by the solicitor pursuant to Section 2B of this Act. The solici-
tor shall be authorized to employ additional assistant solici-
tors either on a full or part-time basis, but the number of
such assistant solicitors and their compensation shall be sub-
ject to the approval of the governing authority of Hall
County. No such additional assistant solicitor shall be com-
pensated in an amount exceeding 80 percent of the compen-
sation which may be received by the solicitor pursuant to
Section 2B of this Act. The compensation of assistant solici-
tors shall be paid from the funds of Hall County. No full-
time assistant solicitor shall be authorized to engage in the
private practice of law while serving as assistant solicitor,
and no part-time assistant solicitor may practice in the State
Court of Hall County. Each assistant solicitor, whether full-
time or part-time, shall be at least 21 years of age and shall
have been admitted to practice law for at least six months
at the time of appointment as assistant solicitor. The solicitor
shall specify the duties of any assistant solicitor employed
by said officer and such duties may include any duties of
the solicitor provided for by subsection (a) of this section.
Any such duties assigned to an assistant solicitor may be
carried out by said assistant to the same extent that said
duties may be carried out by the solicitor.
(c) The solicitor shall have the sole authority to select,
hire, fire, and fix the compensation of his necessary clerical
employees. The salaries of said employees and the necessary
operating expense of said office shall be paid by Hall County.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Notice of Intention.
Notice is hereby given there will be introduced at the 1985
regular session of the General Assembly of Georgia a bill to
3568 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
amend an Act establishing the state court of Hall County, ap-
proved August 14,1891 (Ga. Laws 1890-91 Page 939), as amended
and for other purposes.
J. Nathan Deal
Senator,
49th District
Joe T. Wood
Representative,
9th District, Post 1
Bobby Lawson
Representative,
9th District, Post 2
Jerry D. Jackson
Representative,
9th District, Post 3
Submitted by: Jerry Rylee
Solicitor, State Court
Hall County
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Jerry D. Jackson, who,
on oath, deposes and says that he is Representative from the
9th District, and that the attached copy of Notice of Intention
to Introduce Local Legislation was published in the Lanier Tri-
bune which is the official organ of Hall County, on the following
date: January 17, 1985.
/s/ Jerry D. Jackson
Representative,
9th District
Sworn to and subscribed before me,
this 21st day of January, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved February 26, 1985.
GEORGIA LAWS 1985 SESSION
3569
STATE COURT OF CARROLL COUNTY JUDGE AND
SOLICITOR; COMPENSATION.
No. 35 (House Bill No. 791).
AN ACT
To amend an Act establishing the State Court of Carroll
County, approved December 21, 1897 (Ga. L. 1897, p. 438), as
amended, particularly by an Act approved March 22,1974 (Ga.
L. 1974, p. 2797) and an Act approved March 18, 1983 (Ga. L.
1983, p. 4346), so as to change the compensation of the judge
and solicitor; to provide that the judge shall be a full-time judge;
to provide an effective date; to repeal conflicting laws; and for
other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act establishing the State Court of Carroll
County, approved December 21, 1897 (Ga. L. 1897, p. 438), as
amended, particularly by an Act approved March 22, 1974 (Ga.
L. 1974, p. 2797) and an Act approved March 18, 1983 (Ga. L.
1983, p. 4346), is amended by striking from subsection (b) of
Section 4 of said Act the following:
"$26,000.00,
and inserting in lieu thereof the following:
"$45,000.00,
so that when so amended subsection (b) of Section 4 shall read
as follows:
"(b) The judge of the court shall receive an annual sal-
ary of $45,000.00, payable in equal monthly installments
from county funds.
Section 2. Said Act is further amended by striking subsec-
tion (c) of Section 4 which reads as follows:
"(c) The judge of said court shall be authorized to en-
gage in the private practice of law so long as such activities
3570 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
do not interfere with those duties and responsibilities as a
judge of said court.,
and inserting new subsections (c) and (d) of Section 4 to read
as follows:
"(c) The judge of said court shall be a full-time judge,
shall not engage in the private practice of law, and shall
devote his full time and efforts to the discharge of the duties
of his office.
(d) The judge is authorized to employ a secretary; and
the person to be employed shall be selected in the sole discre-
tion of the judge. The secretary of the judge shall receive
an annual salary of not less than $12,000.00 which may
be increased by the judge with the approval of the county
governing authority. The secretarys salary shall be paid
from county funds.
Section 3. Said Act is further amended by striking from
subsection (a) of Section 7 the following:
"$36,000.00,
and inserting in lieu thereof the following:
"$56,000.00,
so that when so amended subsection (a) of Section 7 shall read
as follows:
"(a) It shall be the duty of the solicitor of the State
Court of Carroll County to represent the state in all cases
therein, and in all cases in the Supreme Court carried from
said state court to which the state is a party. In case the
solicitor of said state court cannot attend to the duties of
the same, the judges thereof shall appoint some competent
attorney to act as solicitor pro tempore. The solicitor of said
state court shall receive an annual salary of $56,000.00, to
be paid in equal monthly installments from funds of Carroll
County. The solicitor shall diligently and faithfully under-
take to collect all fees, fines, forfeitures, commissions, costs,
allowances, penalties, funds, moneys, and all other emolu-
ments and perquisites formerly allowed as compensation for
services in any capacity in his office, and shall receive and
GEORGIA LAWS 1985 SESSION
3571
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 re-
spective amounts of money collected and the source thereof.
The solicitor of said state court, before entering upon the
discharge of his duties, shall, in addition to the oath required
of all civil offices, take and subscribe the following oath:
'I do solemnly swear that I will faithfully and imparT
tially, and without fear, favor or affection, discharge the
duties of the office of solicitor of the State Court of Carroll
County, so help me God.
Section 4. This Act shall become effective on the first day
of the month in which it is approved by the Governor or in
which it becomes law without his approval.
Section 5. All laws and parts of laws in conflict with this
Act are repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the
January 1985 Session of the General Assembly of Georgia a
bill to amend the Act creating a City Court of Carrollton, now
known as the State Court of Carroll County, as amended, so
as to change the compensation of the Solicitor of said court;
and for other purposes.
This 2nd day of January, 1985.
Wayne Garner
Charles A. Thomas, Jr.
Carolyn W. Lee
3572 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Affidavit.
Georgia, Carroll County.
To Whom It May Concern:
This is to certify that the legal notice attached hereto has
been published in the Daily-Times Georgian legal organ for Car-
roll County. The following dates, to-wit: Jan. 10.
Sworn to on the 17th day
of January, 1985.
/s/ Stanley Parkman Publisher
Sworn to and subscribed before me,
on the 17 day of January, 1985.
/s/ Linda Spence Notary Public.
(Seal).
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the
January 1985 Session of the General Assembly of Georgia a
bill to amend the Act creating a City Court of Carrollton, now
known as the State Court of Carroll County, as amended, so
as to change the compensation of the judge of said court and
to provide that said judge may not practice law in any court
in Carroll County, and for other purposes.
This 2nd day of January, 1985.
Wayne Garner
Charles A. Thomas, Jr.
Carolyn W. Lee
Affidavit.
Georgia, Carroll County.
To Whom It May Concern:
This is to certify that the legal notice attached hereto has
been published in the Daily-Times Georgian legal organ for Car-
roll County. The following dates, to-wit: Jan. 10.
GEORGIA LAWS 1985 SESSION
3573
Sworn to on the 17th day
of January, 1985.
/ s/ Stanley Parkman Publisher
Sworn to and subscribed before me,
on the 17 day of January, 1985.
/s/ Linda Spence Notary Public.
(Seal).
Approved February 28, 1985.
MURRAY COUNTY CLERK OF THE SUPERIOR COURT,
SHERIFF, JUDGE OF THE PROBATE COURT, AND TAX
COMMISSIONER; COMPENSATION.
No. 36 (House Bill No. 865).
AN ACT
To amend an Act placing the clerk of the superior court,
sheriff, judge of the probate court, and tax commissioner of Mur-
ray County upon an annual salary, approved February 28, 1966
(Ga. L. 1966, p. 2509), as amended, particularly by an Act ap-
proved February 27,1981 (Ga. L. 1981, p. 3018), so as to change
the provisions relating to the compensation of said officers; to
change the provisions relating to longevity increases; to repeal
the fees of the sheriff for feeding prisoners; 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 placing the clerk of the superior court,
sheriff, judge of the probate court, and tax commissioner of Mur-
3574 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ray County upon an annual salary, approved February 28,1966
(Ga. L. 1966, p. 2509), as amended, particularly by an Act ap-
proved February 27, 1981 (Ga. L. 1981, p. 3018), is amended
by striking Section 2 and inserting in lieu thereof a new Section
2 to read as follows:
"Section 2. (a) The clerk of the superior court shall
receive a base annual salary of $20,000.00. In addition to
the base annual salary, the clerk of the superior court shall
also receive a longevity increase for each year such person
has served in such office since January 1,1980. Each longev-
ity increase shall take effect on January 1 following comple-
tion of each such year of service, except as provided in this
section. Each longevity increase shall be computed by multi-
plying the percentage specified for such year by the total
of the base annual salary plus all prior longevity increases
to which such person is entitled, except as specified in this
section. The percentages to be used in calculating longevity
increases for each year beginning on or after January 1,
1980, shall be as follows:
Effective
January 1 Percentage
1981 2 1/2%
1982 2 1/2%
1983 2 1/2%
1984 2 1/2%
1985 2 1/2%
1986 and
subsequent
years 7%
Effective on January 1, 1985,
plus an additional increase, ef-
fective April 1,1985, of 4 1/2%
of the base annual salary plus
longevity increases in effect as
of December 31, 1984.
(b) The clerks salary shall be payable in monthly in-
stallments from the funds of Murray County.
GEORGIA LAWS 1985 SESSION
3575
Section 2. Said Act is further amended by striking Section
3 and inserting in lieu thereof a new Section 3 to read as follows:
"Section 3. (a) The sheriff shall receive a base annual
salary of $21,000.00. In addition to the base annual salary,
the sheriff shall also receive a longevity increase for each
year such person has served in such office since January
1,1980. Each longevity increase shall take effect on January
1 following completion of each such year of service, except
as provided in this section. Each longevity increase shall
be computed by multiplying the percentage specified for such
year by the total of the base annual salary plus all prior
longevity increases to which such person is entitled, except
as specified in this section. The percentages to be used in
calculating longevity increases for each year beginning on
or after January 1, 1980, shall be as follows:
Effective
January 1 Percentage
1981 2 1/2%
1982 2 1/2%
1983 2 1/2%
1984 2 1/2%
1985 2 1/2%
1986 and
subsequent
years 7%
Effective on January 1, 1985,
plus an additional increase, ef-
fective April 1,1985, of 4 1/2%
of the base annual salary plus
longevity increases in effect as
of December 31, 1984.
(b) The sheriffs salary shall be payable in monthly in-
stallments from the funds of Murray County.
Section 3. Said Act is further amended by striking Section
4 and inserting in lieu thereof a new Section 4 to read as follows:
"Section 4. (a) The judge of the probate court shall
receive a base annual salary of $22,000.00. In addition to
the base annual salary, the judge of the probate court shall
also receive a longevity increase for each year such person
3576 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
has served in such office since January 1,1980. Each longev-
ity increase shall take effect on January 1 following comple-
tion of each such year of service, except as provided in this
section. Each longevity increase shall be computed by multi-
plying the percentage specified for such year by the total
of the base annual salary plus all prior longevity increases
to which such person is entitled, except as specified in this
section. The percentages to be used in calculating longevity
increases for each year beginning on or after January 1,
1980, shall be as follows:
Effective
January 1 Percentage
1981 2 1/2%
1982 2 1/2%
1983 2 1/2%
1984 2 1/2%
1985 2 1/2%
1986 and
subsequent
years 7%
Effective on January 1, 1985,
plus an additional increase, ef-
fective April 1, 1985, of 4 1/2%
of the base annual salary plus
longevity increases in effect as
of December 31, 1984.
(b) The judges salary shall be payable in monthly in-
stallments from the funds of Murray County.
Section 4. Said Act is further amended by striking Section
5 and inserting in lieu thereof a new Section 5 to read as follows:
"Section 5. (a) The tax commissioner shall receive a
base annual salary of $18,500.00. In addition to the base
annual salary, the tax commissioner shall also receive a
longevity increase for each year such person has served in
such office since January 1, 1980. Each longevity increase
shall take effect on January 1 following completion of each
such year of service, except as provided in this section. Each
longevity increase shall be computed by multiplying the per-
centage specified for such year by the total of the base annual
salary plus all prior longevity increases to which such person
GEORGIA LAWS 1985 SESSION
3577
is entitled, except as specified in this section. The percentages
to be used in calculating longevity increases for each year
beginning on or after January 1, 1980, shall be as follows:
Effective
January 1 Percentage
1981
1982
1983
1984
1985
2 1/2%
2 1/2%
2 1/2%
2 1/2%
2 1/2%
1986 and
subsequent
years 7%
Effective on January 1, 1985,
plus an additional increase, ef-
fective April 1, 1985, of 4 1/2%
of the base annual salary plus
longevity increases in effect as
of December 31, 1984.
(b) The tax commissioners salary shall be payable in
monthly installments from the funds of Murray County.
Section 5. Said Act is further amended by striking Section
9, which reads as follows:
"Section 9. The sheriff of Murray County is charged
with the responsibility of feeding all prisoners confined in
the county jail. The governing authority of Murray County
shall reimburse the sheriff at the rate of $2.00 per day, per
prisoner for the expenses incurred by the sheriff in feeding
such prisoners.,
in its entirety.
Section 6. This Act shall become effective April 1, 1985,
except Section 5, which shall become effective July 1, 1985.
Section 7. All laws and parts of laws in conflict with this
Act are repealed.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular
1985 session of the General Assembly of Georgia a bill to amend
3578 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
an Act placing the Clerk of the Superior Court, Sheriff, Judge
of the Probate Court, and Tax Commissioner of Murray County
upon an annual salary, approved February 28,1966 (Ga. L. 1966,
p. 2509), as amended; and for other purposes.
This 6 day of February, 1985.
Honorable Tom Ramsey
Representative,
3rd District
Honorable W. W. Fincher, Jr.,
Senator,
54th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority
duly authorized to administer oaths, Tom Ramsey, who, on oath
deposes and says that he 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 whicl
is the official organ of Murray County, on the following date
February 13, 1985.
/s/ Tom Ramsey
Representative,
3rd District
Sworn to and subscribed before me,
this 18th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 1, 1985.
GEORGIA LAWS 1985 SESSION
3579
MURRAY COUNTY CORONER; COMPENSATION;
DEPUTY CORONER.
No. 37 (House Bill No. 864).
AN ACT
To amend an Act placing the coroner of Murray County
on an annual salary, approved February 15, 1980 (Ga. L. 1980,
p. 3041), so as to change the provisions relating to the compensa-
tion of the coroner; to provide for base salaries; to provide for
longevity increases; to provide for a deputy coroner; to provide
for the duties, powers, and compensation of the deputy coroner;
to provide an effective date; to repeal conflicting laws; and for
other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act placing the coroner of Murray County
on an annual salary, approved February 15, 1980 (Ga. L. 1980,
p. 3041), is amended by striking Section 1 and inserting in lieu
thereof a new Section 1 to read as follows:
"Section 1. The coroner of Murray County is placed
on an annual salary payable in equal monthly installments
out of the general funds of Murray County. The coroner
shall receive a base annual salary of $2,400.00 through De-
cember 31, 1986, and a base annual salary of $3,000.00 on
and after January 1, 1987. In addition to the base annual
salary, the coroner shall also receive a longevity increase
for each year such person has served as coroner since Janu-
ary 1,1985. Each longevity increase shall take effect on Janu-
ary 1 following completion of each such year of service. Each
longevity increase shall be computed by multiplying the total
of the base annual salary in effect at the end of the preceding
calendar year plus all prior longevity increases to which
such person is entitled by 7 percent.
Section 2. Said Act is further amended by adding, follow-
ing Section 1, a new Section 1.1 to read as follows:
"Section 1.1. The coroner is authorized to appoint a dep-
uty coroner as authorized by Code Section 45-16-7 of the
3580 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
O.C.G.A. The deputy coroner shall act as coroner only when
the coroner is himself not able to act. When performing
the duties of the coroner, the deputy coroner shall be entitled
to the same fees as the coroner would otherwise receive and,
in addition thereto, the deputy coroner shall receive $10.00
per day for each day the deputy coroner is required to be
on call when the coroner is otherwise unavailable or unable
to act.
Section 3. This Act shall become effective on April 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 given that there will be introduced at the regular
1985 session of the General Assembly of Georgia a bill to amend
an Act placing the coroner of Murray County on an annual
salary, approved February 15, 1980 (Ga. L. 1980, P. 3041), so
as to change provisions relating to the salary of the coroner;
to provide for a deputy coroner; and for other purposes.
This 14 day of January, 1985.
Honorable Tom Ramsey
Representative,
3rd District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Tom Ramsey, who, on oath,
deposes and says that he 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 23, 1985.
/s/ Tom Ramsey
Representative,
3rd District
GEORGIA LAWS 1985 SESSION
3581
Sworn to and subscribed before me,
this 18th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 1, 1985.
MURRAY COUNTY COMMISSIONER; COMPENSATION.
No. 38 (House Bill No. 866).
AN ACT
To amend an Act creating the office of commissioner of Mur-
ray County, approved March 20, 1939 (Ga. L. 1939, p. 691), as
amended, particularly by an Act approved February 27, 1981
(Ga. L. 1981, p. 3021), so as to change the provisions relating
to the compensation of the commissioner; to provide for longev-
ity pay increases; to provide an effective date; to repeal conflict-
ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act creating the office of commissioner of
Murray County, approved March 20, 1939 (Ga. L. 1939, p. 691),
as amended, particularly by an Act approved February 27,1981
(Ga. L. 1981, p. 3021), is amended by striking Section 7A and
inserting in lieu thereof a new Section 7A to read as follows:
"Section 7 A. (a) The commissioner of Murray County
shall receive a base annual salary of $24,000.00, payable
in equal monthly installments from the funds of Murray
County. In addition to the base annual salary, the commis-
3582 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
sioner shall also receive a longevity increase for each year
such person has served in such office since January 1, 1980.
Each longevity increase shall take effect on January 1 follow-
ing completion of each such year of service, except as pro-
vided in this section. Each longevity increase shall be com-
puted by multiplying the percentage specified for such year
by the total of the base annual salary plus all prior longevity
increases to which such person is entitled, except as specified
in this section. The percentages to be used in calculating
longevity increases for each year beginning on or after Janu-
ary 1, 1980, shall be as follows:
Effective
January 1 Percentage
1981
1982
1983
1984
1985
1986
2 1/2%
2 1/2%
2 1/2%
2 1/2%
2 1/2% Effective on January 1, 1985,
plus an additional increase, ef-
fective April 1, 1985, of 4 1/2%
of the base annual salary plus
longevity increases in effect as
of December 31, 1984.
and
subsequent
years 7%
(b) In addition to his annual salary, he shall be reim-
bursed for his actual expenses incurred in the discharge of
the official duties of his office.
Section 2. This Act shall become effective on April 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
1985 session of the General Assembly of Georgia a bill to amend
an Act creating the office of Commissioner of Murray County,
GEORGIA LAWS 1985 SESSION
3583
approved March 31, 1939 (Ga. L. 1939, p. 691), as amended;
and for other purposes.
This 6 day of February, 1985.
Honorable W. W. Fincher, Jr.
Senator,
54th District
Honorable Tom Ramsey
Representative,
3rd District
Georgia, Fulton County
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Tom Ramsey, who, on oath,
deposes and says that he 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:
February 13, 1985.
/s/ Tom Ramsey
Representative,
3rd District
Sworn to and subscribed before me,
this 18th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 1, 1985.
3584 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
DOUGLASVILLE-DOUGLAS COUNTY WATER AND SEWER
AUTHORITY.
No. 40 (House Bill No. 680).
AN ACT
To create the Douglasville-Douglas County Water and Sewer
Authority, to repeal the existing legislation adopted on the 25th
day of March 1974, creating the Douglasville-Douglas County
Water Authority (Ga. L. 1974, p. 376), to authorize the newly
created Douglasville-Douglas County Water and Sewer Author-
ity to acquire, construct, equip, operate, maintain, own and im-
prove self-liquidating projects embracing sources of water sup-
ply, the treatment, distribution and sale of water and related
facilities to individuals, private concerns, municipal corpora-
tions and governmental units, the collection, treatment and dis-
posal of sewage waste and any related facilities; to confer powers
and impose duties on the Authority; to provide for the member-
ship and for the appointment of members of the Authority and
their term of office; to authorize the Authority to contract with
the City of Douglasville-Douglas County, and with others per-
taining to water and sewerage facilities and to execute leases
and do all things deemed necessary or convenient for the opera-
tion of such undertakings or projects; to authorize the issuance
of revenue bonds of the Authority payable from the revenues,
tolls, fees, charges and earning of the Authority and to pay
the cost of such undertakings or projects and authorize the col-
lection and pledging the revenues and earnings of the Authority
for the payment of such bonds and to authorize the execution
of trust indentures to secure the payment thereof and to define
the rights of the holders of such obligations; to provide that
no debt of the City of Douglasville or of Douglas County shall
be incurred in the exercise of any of the powers granted by
this Act; to make the bonds and other obligations of the Author-
ity exempt from taxation; to provide for the Authority to con-
demn property; to fix the venue or jurisdiction of actions relating
to any provisions of this Act and to provide for the separate
enactment of each provision of this Act and repealing all laws
or parts of laws in conflict with provisions of this Act; and for
other purposes.
GEORGIA LAWS 1985 SESSION
3585
WHEREAS, the population of the City of Douglasville and
of Douglas County is steadily increasing and the matter of ob-
taining and distributing potable water to and providing sewer-
age collection, treatment and disposal services for consumers
and users, including municipal corporations, located therein,
is of prime importance and essential to the health and welfare
of citizens within its boundaries and environs; and
WHEREAS, it is advisable to authorize the financing, in
whole or in part of the acquisition, construction, extension and
improvement of water supply and distribution facilities and sew-
erage collection, treatment and disposal facilities throughout
the county and environs by the issuance of revenue bonds of
the Authority for that purpose; and
WHEREAS, it is further advisable to expand and enlarge
the nature of the power of the previously enacted Douglasville-
Douglas County Water Authority so as to provide for sewerage
collection, treatment, and disposal services for consumers and
users, including municipal corporations, and, for that reason,
this legislation is being proposed to replace in its entirety the
prior Act adopted on the 25th day of March, 1974.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Repeal of Douglasville-Douglas County Water
Authority Act. By the adoption of this legislation the Douglas-
ville-Douglas County Water Authority Act enacted on the 25th
day of March, 1974 (Ga. L. 1974, p. 3376), be and the same is
hereby repealed in its entirety and replaced by this the Douglas-
ville-Douglas County Water and Sewer Authority Act.
Section 2. Short title. This may be cited as the "Douglas-
ville-Douglas County Water and Sewer Authority Act.
Section 3. (a) Douglasville-Douglas County Water and
Sewer Authority. There is hereby created a public body corpora-
tion and by such name, style and title, said body may contract
and be contracted with, sue and be sued, implead and be im-
pleaded, complain and defend in all courts of law and equity,
except that the Authority or the Trustee acting under any trust
indenture shall in no event be liable for any torts committed
by any of its officers, agents or employees.
3586 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(b) The Authority shall be composed of seven members,
five to be appointed by mutual agreement and decision of the
Mayor of the City of Douglasville and the Chairman of the Doug-
las County Board of Commissioners, and the Mayor and Chair-
man serving as ex officio members. The five, members shall be
elected by the following method: The Mayor of the City of Doug-
lasville and the Chairman of the Douglas County Board of Com-
missioners shall each select ten prospective members, two each
from each of the five general militia districts in Douglas County.
By mutual agreement and process of elimination, the Mayor
and the Chairman shall arrive at a total of five members, one
each from each of the five militia districts, to serve on staggering
terms as follows: One member one year, one member two years,
one member three years, one member four years, one member
five years. If at the end of any term of office of any member a
successor thereto shall not have been elected, then the member
whose term of office shall have expired shall continue to hold
office until his successor shall be so elected.
(c) Immediately after the passage of this Act and the ap-
pointment of the members by the governing bodies of the City
of Douglasville and Douglas County, the members of the Author-
ity shall enter upon their duties, and as soon as is practicable
thereafter, they shall hold an organizational meeting. The mem-
bers of the Authority shall elect one of their number as Chair-
man and another as Vice Chairman. Neither the Mayor of the
City of Douglasville nor the Chairman of the Douglas County
Board of Commissioners shall serve as Chairman or Vice Chair-
man of the Authority. The members shall also elect a Secretary
and a Treasurer, or a Secretary-Treasurer who need not be mem-
bers of the Authority. An Assistant Secretary may also be
elected at the discretion of the Authority. Three members of
the Authority shall constitute a quorum. No vacancy on the
Authority shall impair the authority of the quorum to exercise
all of the rights and powers of and perform all of the duties
and obligations of the Authority. The members of the Authority
shall not be entitled to any compensation for their services,
but shall be reimbursed for their actual expenses necessarily
incurred in the performance of their duties. The Authority may
make rules and regulations and adopt bylaws for its own govern-
ment. The Authority shall have perpetual existence.
Section 4. Definitions. As used in this Act the following
words and terms shall have the following meanings:
GEORGIA LAWS 1985 SESSION
3587
"Authority shall mean the Douglasville-Douglas County
Water and Sewer Authority created by Section 3 of this Act.
"Cost of the project shall embrace the cost of construction,
the cost of all lands, properties, rights, easements and franchises
acquired, the cost of all machinery and equipment, financing
charges, interest prior to and during construction, and for one
year after completion of construction, the cost of engineering,
architectural, fiscal and legal expenses, and of plans and specifi-
cations, and other expenses necessary or incident to determining
the feasibility or practicability of the project, administrative
expense, and such other expenses as may be necessary or inci-
dent to the financing herein authorized, the construction of the
project, the placing of the same in operation, and the condemna-
tion of property necessary for such construction and operation.
The cost of any project may also include a fund or funds for
the creation of a debt service reserve, a renewal and replacement
reserve and such other reserves as may be reasonably required
by the Authority with respect to the financing and operating
of its projects and as may be authorized by any bond resolution
or trust agreement or indenture pursuant to the provisions of
which the issuance of any bonds may be authorized. Any obliga-
tion or expense incurred for any of the foregoing purposes shall
be regarded as a part of the cost of the project and may be
paid or reimbursed as such out of the proceeds of revenue bonds
issued under the provisions of this Act for such project.
"Project shall be deemed to mean and include the acquisi-
tion and construction of systems, plants, works, instrumentali-
ties, and properties: (1) used or useful in connection with the
obtaining of a water supply and the conservation, treatment,
distribution and sale of water for public and private uses; (2)
used or useful in connection with the collection, treatment and
disposal of sewerage and waste; together with all parts of any
such system, plant, work, instrumentality and property and all
appurtenances thereto, including lands, easements, rights in
land, water rights, contract rights, franchises, approaches, dams
reservoirs, generating stations, sewerage disposal plants, inter-
cepting sewers, truck connecting and other sewers and water-
mains, filtration works, pumping stations, and equipment.
"Revenue bonds and "bonds as used in this Act, shall mean
revenue bonds authorized to be issued pursuant to this Act and
3588 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
revenue bonds may be issued by the Authority as authorized
herein without any other actions or proceedings.
Any project shall be deemed "self-liquidating if, in the sole
judgment of the Authority, the revenues and earnings to be
derived by the Authority therefrom, including but not limited
to any contractual payments, and all properties used, leased
and sold in connection therewith, together with any grants, will
be sufficient to pay the cost of operating, maintaining, repairing,
improving and extending the project and to pay the principal
and interest of the revenue bonds which may be issued for the
cost of such project or projects.
Section 5. Powers. The Authority shall have the power:
(a) To have a seal and alter the same at its pleasure;
(b) To acquire by purchase, lease, gift or otherwise, and
to hold, lease and dispose of real and personal property of every
kind and character for its corporate purposes;
(c) To acquire in its own name by purchase, on such terms
and conditions and in such manner as it may deem proper, or
by condemnation in accordance with the provisions of any and
all existing laws applicable to the condemnation of property
for public use, real property or rights of easements therein or
franchises necessary or convenient for its corporate purposes,
and to use the same so long as its corporate existence shall
continue, and to lease or make contracts with respect to the
use of or dispose of the same in any manner it deems to the
best advantage of the Authority, the Authority being under
no obligation to accept and pay for any property condemned
under this Act except from the funds provided under the author-
ity of this Act, and in any proceedings to condemn, such orders
may be made by the court having jurisdiction of the suit, action
or proceedings as may be just to the Authority and to the owners
of the property to be condemned, provided no property shall
be acquired under the provisions of this Act upon which any
lien or other encumbrance exists, unless at the time such prop-
erty is so acquired a sufficient sum of money be deposited in
trust to pay and redeem the fair value of such lien or encum-
brance;
GEORGIA LAWS 1985 SESSION
3589
(d) To enter into an agreement with the City of Douglas-
ville, with Douglas County or with any other political subdivi-
sion or municipal corporation of the State with respect to acquir-
ing a source of water supply, providing sewerage service,
preparing engineering data, plans and specifications for a water
and sewerage system, extending watermains, apportioning the
costs of constructing, extending and maintaining a water or
sewerage system, or both, providing for the testing and inspec-
tion of facilities constructed, providing for rates to be charged
for water and sewerage services furnished to users of the said
system, providing for the reading of meters and keeping of perti-
nent records, apportioning or designating the responsibility for
any functions normally maintained by a water and sewerage
system at the most reasonable cost possible.
(e) To appoint, select and employ, officers, agents and em-
ployees, including engineering, architectural and construction
experts, fiscal agents and attorneys, and fix their respective com-
pensations.
(f) To make contracts, leases and to execute all instruments
necessary or convenient, including contracts for construction
of projects and leases of projects or contracts with respect to
the use of projects which it causes to be erected or acquired,
and any and all persons, firms and corporations and any and
all political subdivisions, departments, institutions or agencies
of the State and all special districts and all municipal corpora-
tions located in Douglas County are hereby authorized to enter
into contracts, leases or agreements with the Authority upon
such terms and for such purposes as they deem advisable; and
without limiting the generality of the above, authority is specifi-
cally granted to municipal corporations, special districts and
counties and to the Authority to enter into contracts, lease
agreements, or other undertakings relative to the furnishing
of water and sewerage service and facilities or either of them
by the Authority to such municipal corporations, special dis-
tricts and counties to the Authority for a term not exceeding
50 years. As to any political subdivision, department, institution
or agency of this State and all special districts and municipal
corporations located in Douglas County which shall enter into
an agreement under the authority granted herein or in subsec-
tion (d) above, the obligation to perform and fulfill such agree-
ment shall constitute a general obligation of such entity for
which its full faith and credit shall be and hereby is pledged.
3590 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(g) To construct, erect, acquire, own, repair, remodel, main-
tain, add to, extend, improve, equip, operate and manage pro-
jects, as hereinabove defined, the cost of any such project to
be paid in whole or in part from the proceeds of revenue bonds
of the Authority or from such proceeds and any grant from
the United States of America or any agency or instrumentality
thereof or from the State of Georgia or any agency; instrumen-
tality or political subdivision thereof;
(h) To make loans with, and accept grants or loans of money
or materials or property of any kind from, the United States
of America or any agency or instrumentality thereof, upon such
terms and conditions as the United States of America or such
agency or instrumentality may impose;
(i) To make loans with, and accept grants or loans of money,
materials or property of any kind from, the State of Georgia
or any agency, instrumentality or political subdivision thereof,
upon such terms and conditions as the State of Georgia or such
agency, instrumentality or political subdivision may impose;
(j) To borrow money for any of its corporate purposes; to
issue negotiable revenue bonds payable solely from funds
pledged for that purpose, and to provide for the payment of
the same and for the rights of the holders thereof;
(k) To exercise any power usually possessed by private cor-
porations performing similar functions, including the power to
make short term loans and to approve, execute and deliver ap-
propriate evidence of any such indebtedness, providing, no such
power is in conflict with the Constitution of general laws of
this State; and
(l) To do all things necessary or convenient to carry out
the powers expressly given in this Act.
Section 6. Financing projects. The Authority, or any au-
thority or body which has or which may in the future succeed
to the powers, duties and liabilities vested in the Authority cre-
ated hereby, shall have power and is hereby authorized at one
time, or from time to time, to borrow money for the purpose
of paying all or any part of the cost, as herein defined, or any
one or more projects and to provide by resolution for issuance
GEORGIA LAWS 1985 SESSION
3591
of negotiable revenue bonds for that purpose. The principal and
interest of such revenue bonds shall be payable solely from the
special fund herein provided for such payment. The bonds of
each issue shall be dated, shall mature at such time or times
not exceeding 30 years from their date or dates, shall be payable
in such medium of payment as to both principal and interest
as may be determined by the Authority, and may be made re-
deemable before maturity, at the option of the Authority, at
such price or prices and under such terms and conditions as
may be fixed by the Authority in the resolution providing for
the issuance of the bonds. The interest rate or rates to be borne
by any bonds and the time of payment of such interest shall
be fixed, and with respect to any interest rate which floats in
response to a variable the method of calculation shall be fixed,
by the Authority in the resolution providing for the issuance
of the bonds. Any bonds issued by the Authority shall be exempt
from all laws of the State of Georgia governing usury or prescrib-
ing or limiting interest rates to be borne by bonds or other
obligations.
Section 7. Revenue bonds; form; denominations; registra-
tion; place of payment. The Authority shall determine the form
of the bonds, including any interest coupons to be attached
thereto, and shall fix the denomination or denominations of
the bonds and the place and places of payment of principal
and interest thereof, which may be at any bank or trust company
within or without the State. The bonds may be issued in coupon
or registered form, or both, as the Authority may determine,
and provision may be made for registration, conversion and
exchangeability privileges, rights of redemption, and may con-
tain such other terms, covenants, assignments and conditions
as the resolution or resolutions authorizing the issuance of such
bonds may provide.
Section 8. Same; signatures; seals. All such bonds shall
bear the manual or facsimile signature of the Chairman or Vice
Chairman of the Authority, the attesting manual or facsimile
signature of the Secretary, Assistant Secretary or Secretary-
Treasurer of the Authority, and the official seal of the Authority
shall be affixed thereto, either manually or by facsimile. The
signature of one of such officers shall be placed manually on
each bond. Any coupons attached thereto shall bear the manual
or facsimile signature of the Chairman or Vice Chairman and
3592 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
the Secretary, Assistant Secretary or Secretary-Treasurer of the
Authority. Any coupon may bear the facsimile signature of and
may be manually signed, sealed and attested on behalf of the
Authority by such persons as at the actual time of the execution
of such bonds shall be duly authorized or hold the proper office,
although at the date of issuance of such bonds such persons
may not have been so authorized or shall not have held such
office. In case any officer whose signature shall appear on any
bond or on any coupon shall 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 re-
mained in office until such delivery.
Section 9. 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 inci-
dents of negotiable instruments under the laws of the State of
Georgia pertaining to negotiable instruments. Such bonds are
declared to be issued for an essential public and governmental
purpose and the said bonds, their transfer and the income there-
from shall be exempt from all taxation within the State.
Section 10. 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 in the Authority.
Section 11. 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 resolu-
tion authorizing the issuance of the bonds or in any trust inden-
ture, additional bonds may in like manner be issued to provide
the amount of any deficit, which unless otherwise provided in
the resolution authorizing the issuance over the bonds or in
any trust indenture, shall be deemed to be of the same issue
and shall be entitled to pay from the same fund without prefer-
ence or priority of the bonds first issued for the same purpose.
If the proceeds of the bonds of any issue shall exceed the amount
required for the purpose for which such bonds are issued, the
surplus shall be used for paying the principal of and the interest
on such bonds.
Section 12. Same; interim receipts and certificates or tem-
porary bonds. Prior to the preparation of definitive bonds, the
GEORGIA LAWS 1985 SESSION
3593
Authority may, under like restrictions, issue interim receipts,
interim certificates or temporary bonds, with or without cou-
pons, exchangeable for definitive bonds upon the issuance of
the latter.
Section 13. 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 14. Same; conditions precedent to issuance; object
of issuance. Such revenue bonds may be issued without any
other proceedings or the happening of any other conditions or
things than those proceedings, conditions and things which are
specified or required by this Act. In the discretion of the Author-
ity, revenue bonds of a single issue may be issued for the purpose
of any particular project. Any resolution providing for the is-
suance of revenue bonds under the provisions of this Act shall
become effective immediately upon its passage and need not
be published or posted, and any such resolution may be passed
at any regular, special or adjourned meeting of the Authority
by a majority of the quorum as in this Act provided.
Section 15. Same; credit not pledged. Revenue bonds is-
sued under the provisions of this Act shall not be deemed to
constitute a debt of the State of Georgia, the City of Douglasville
or of Douglas County, nor a pledge of the faith and credit of
the said state, city or county, but such bonds shall be payable
solely from the fund hereinafter provided for, and the issuance
of such revenue bonds shall not directly, indirectly or contin-
gently obligate said state, city or county to levy or to pledge
any form of taxation whatever therefor or to make any appropri-
ation for their payment, and all such bonds shall contain recitals
on their fact covering substantially the foregoing provisions of
this section.
Section 16. Same; trust indenture as security. In the dis-
cretion of the Authority, any issue of such revenue bonds may
be secured by a trust indenture by and between the Authority
and a corporate trustee, which may be any trust company or
bank within or without the State having the powers of a trust
company. Such trust indenture may pledge or assign fees, tolls,
charges, revenues and earnings to be received by the Authority.
Either the resolution providing for the issuance of revenue bonds
or such trust indenture may contain such provisions for protect-
3594 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ing and enforcing the rights and remedies of the bondholders
as may be reasonable and proper and not in violation of law,
including covenants setting forth the duties of the Authority
in relation to the acquisition of property, the construction of
the project, the maintenance, operation, repair and insurance
of the project, and the custody, safeguarding and application
of all monies, and may also provide that any project shall be
construed and paid for under the supervision and approval of
consulting engineers or architects employed or designated by
the Authority, and satisfactory to the original purchasers of
the bonds issued therefor and may also require that the security
given by contractors and by any depositary of the proceeds of
the bonds or revenues or other moneys be satisfactory to such
purchasers, and may also contain provisions concerning the con-
ditions, if any, upon which additional revenue bonds may be
issued. It shall be lawful for any bank or trust company incorpo-
rated under the laws of this State to act as such depositary
and to furnish such indemnifying bonds or pledge such securities
as may be required by the Authority. Such indenture may set
forth the rights and remedies of the bondholders and of the
trustee, and may restrict the individual right of action of bond-
holders as is customary in trust indentures securing bonds and
debentures of private corporations. In addition to the foregoing,
such trust indenture may contain such other provisions as the
Authority may deem reasonable and proper for the security
of the bondholders. All expenses incurred in carrying out such
trust indenture may be treated as a part of the cost of mainte-
nance, operation and repair of the project affected by such inden-
ture.
Section 17. Same; to whom proceeds of bond shall be paid.
The Authority shall, in the resolution providing for the issuance
of revenue bonds or in any trust indenture, provide for the pay-
ment of the proceeds of the sale of the bonds to any officer or
person who or any agency, bank or trust company which shall
act as trustee of such funds and shall hold and apply the same
to the purposes hereof, subject to such regulations as this Act
and such resolution or trust indenture may provide.
Section 18. Same; sinking fund. The revenues, fees, tolls,
charges and earnings derived from any particular project or
projects, regardless of whether or not such fees, tolls, charges,
earnings and revenues were produced by a particular project
GEORGIA LAWS 1985 SESSION
3595
for which bonds have been issued, unless otherwise pledged and
allocated together with any grant funds, may be pledged and
allocated by the Authority to the payment of the principal of
and interest on revenue bonds of the Authority as the resolution
authorizing the issuance of the bonds or in the trust instrument
may provide, and such funds so pledged from whatever source
received, which said pledge may include funds received from
one or more or all sources, shall be set aside at regular intervals
as may be provided in the resolution or trust indenture, into
a sinking fund which said sinking fund shall be pledged to and
charged with the payments of (1) the interest on such revenue
bonds as such interest shall fall due, (2) the principal of the
bonds as the same shall fall due, (3) the necessary charges of
paying agents for paying principal, interest, and (4) any pre-
mium 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 resolu-
tion authorizing the issuance of the revenue bonds or in any
trust indenture, but, except as may otherwise be provided in
such resolution or trust indenture, such sinking fund shall be
a fund for the benefit of all revenue bonds without distinction
or priority of one over another. Subject to the provisions of
the resolution authorizing the issuance of the bonds or in any
trust indenture, surplus monies in the sinking fund may be
applied to the purchase or redemption of bonds and any such
bonds so purchased or redeemed shall forthwith be cancelled
and shall not again be issued.
Section 19. Same; remedies of bondholders. Any holders
of revenue bonds issued under the provisions of this Act or any
of the coupons appertaining thereto, and the trustee under the
trust indenture, if any, except to the extent the rights herein
given may be restricted by resolution passed before the issuance
of the bonds or by any trust indenture, may, either at law or
in equity, by suit, action, mandamus, or other proceedings, pro-
tect 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 reve-
nues, fees, tolls, and other charges for the use of the facilities
and services furnished.
3596 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 20. Same; refunding bonds. The Authority is
hereby authorized to provide by resolution for the issuance of
refunding bonds of the Authority for the purpose of refunding
any revenue bonds issued under the provisions of this Act and
then outstanding, together with accrued interest thereon and
to refund any revenue bonds issued by any city, county or au-
thority with respect to any facilities to be acquired by the Au-
thority from any such city, county or authority. The issuance
of such revenue refunding bonds, the maturities and all other
details thereof, the rights of the holders thereof and the duties
of the Authority in respect to the same, shall be governed by
the foregoing provisions of this Act insofar as the same may
be applicable.
Section 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 Douglas County, Georgia, and any ac-
tion pertaining to validation of any bonds issued under the provi-
sions 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 municipality, county, authority, subdivision, or in-
strumentality of the State of Georgia or any other party which
has contracted with the Authority to furnish or receive the ser-
vices and facilities of the water and sewerage system for which
bonds are to be issued and sought to be validated and such
municipality, county, authority, subdivision or instrumentality
or other party shall be required to show cause, if any exist,
why such contract or contracts and the terms and conditions
thereof should not be inquired into by the court and the validity
of the terms thereof be determined and the contract or contracts
adjudicated as security for the payment of any such bonds of
the Authority. The bonds when validated, and the judgment
of validation, shall be final and conclusive with respect to such
bonds, against the Authority issuing the same, and any munici-
pality, county, authority, subdivision, instrumentality or other
party contracting with the said Authority.
GEORGIA LAWS 1985 SESSION
3597
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 inter-
ests and rights of the holders of such bonds. The provisions of
this Act shall be for the benefit of the Authority and the holders
of any such bonds, and upon the issuance of bonds under the
provisions hereof, shall constitute a contract with the holders
of such bonds.
Section 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, as proceeds of short-
term loans, as grants or other contributions, or as revenues,
fees and earnings, shall be deemed to be trust funds to be held
and applied solely as provided in this Act.
Section 25. 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, equipping,
constructing, maintaining and operating adequate water supply,
treatment and distribution facilities and sewerage collection,
treatment and distribution facilities, making such facilities and
the services thereof available to public and private consumers
and users located in the City of Douglasville, Douglas County
and their environs, including municipalities within and without
the said county and to adjoining counties; extending and improv-
ing such facilities; and, doing all things deemed by the Authority
necessary, convenient and desirable for an incident to the effi-
cient and proper development and operation for such type of
undertakings.
Section 26. Rates, charges and revenues; use. The Author-
ity is hereby authorized to prescribe and fix and collect rates,
fees, tolls or charges, and to revise from time to time and collect
such rates, fees, tolls or charges for the services, facilities or
commodities furnished, and in anticipation of the collection of
the revenues of such undertaking or project, to issue revenue
bonds as herein provided to finance in whole or in part the
cost of the acquisition, construction, reconstruction, improve-
3598 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ment, betterment or extension of the water and sewerage sys-
tem, and to pledge to the punctual payment of said bonds and
interest thereon, all or any part of the revenues of such under-
taking or project, including the revenues of improvements, bet-
terments or extensions thereto thereafter made.
Section 27. Tax-exempt status of Authority. The proper-
ties of the Authority, both real and personal, are declared to
be public properties used for the benefit and welfare of the people
of the State of Georgia, and not for purposes of private or corpo-
rate benefit and income, and such properties and the Authority
shall be exempt from all taxes and special assessments of any
city, county, or the State or any political subdivision thereof.
Section 28. Rules and regulations for operation of projects.
It shall be the duty of the Authority to prescribe rules and
regulations for the operation of the project or projects con-
structed under the provisions of this Act.
Section 29. 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 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. Effect of partial invalidity of Act. The provi-
sions of this Act are severable, and if any of its provisions shall
be held unconstitutional by any court of any competent jurisdic-
tion, the decision of such court shall not affect or impair any
of the remaining provisions.
Section 32. Repeal. This Act does not in any way take
from the City of Douglasville or from Douglas County or any
municipality located therein or in any adjoining county the au-
thority to own, operate and maintain water systems or issue
revenue bonds as is provided by the Revenue Bond Law of Geor-
gia. All laws and parts of law in conflict with this Act are hereby
repealed.
GEORGIA LAWS 1985 SESSION
3599
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. 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
1985 session of the General Assembly of Georgia, a bill to create
a Douglasville-Douglas County Water & Sewer Authority and
for other purposes.
This 14th day of January, 1985.
/s/ Thomas M. Kilgore
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Thomas M. Kilgore, who,
on oath, deposes and says that he is Representative from the
42nd District, and that the attached copy of Notice of Intention
to Introduce Local Legislation was published in the Douglas
County Sentinel which is the official organ of Douglas County,
on the following date: January 24, 1985.
/s/ Thomas M. Kilgore
Representative,
42nd District
Sworn to and subscribed before me,
this 6th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 7, 1985.
3600 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
MACON-BIBB COUNTY INDUSTRIAL AUTHORITY
ADDITIONAL MEMBER.
No. 42 (House Bill No. 553).
AN ACT
To amend an Act creating a public body corporate and politic,
as an instrumentality of the County of Bibb and City of Macon,
and to be known as the Macon-Bibb County Industrial Author-
ity, approved February 27, 1962 (Ga. L. 1962, p. 2323), so as
to add one new member to said authority; to provide for the
method of appointing said new member; to repeal conflicting
laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act creating a public body corporate and
politic, as an instrumentality of the County of Bibb and City
of Macon, and to be known as the Macon-Bibb County Industrial
Authority, approved February 27, 1962 (Ga. L. 1962, p. 2323),
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 authority shall consist of six members
as follows: The mayor of the City of Macon (or the chief
executive officer of said city if hereafter otherwise titled),
the chairman of the county board of commissioners for the
County of Bibb (or the chief executive officer of the governing
authority of said county if hereafter otherwise titled), the
president of the Macon Area Development Commission, Inc.,
a member to be appointed by the mayor or aforesaid chief
executive officer of the City of Macon and approved by a
majority of the members of the city council of Macon, and
a member to be appointed by the chairman or aforesaid
chief executive officer of the County of Bibb and approved
by a majority of the members of the governing authority
of the County of Bibb. Beginning July 1,1985, the chairman
or aforesaid chief executive officer of the governing authority
of the County of Bibb shall appoint one additional member
with the approval of a majority of the members of the govern-
GEORGIA LAWS 1985 SESSION
3601
ing authority of the County of Bibb for a term of office of
five years. At the expiration of the initial term of office of
the additional member appointed to assume office on July
1, 1985, the mayor or aforesaid chief executive officer of
the City of Macon with the approval of a majority of the
members of the council of the City of Macon shall appoint
a successor to said additional member. Thereafter, the ap-
pointment of said additional member shall rotate between
the governing authority of the City of Macon and the govern-
ing authority of the County of Bibb. In the event the Macon
Area Development Commission, Inc., should be dissolved or
should cease to function effectively (to be determined in the
sole discretion of the other three specifically named mem-
bers) a member, to serve in lieu of said president, shall be
selected by the other three specifically named members.
The terms of office of the designated members and their
successors in and through official office shall coincide with
their respective terms as heads of the organizations de-
scribed. The terms of the other members, (three or four in
number as the contingency hereinbefore provided may or
may not occur), shall be five years, with vacancies in such
offices to be filled for the remaining term of office in the
same manner and means as herein provided for the appoint-
ment of the member succeeded.
A majority of the members shall constitute a quorum
but only a majority of the members of the authority may
act for the authority in any matter. No vacancy or vacancies
shall impair the power of the authority to act, provided that
four members are in accord with such action.
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 introducted at the regular
session of the General Assembly of Georgia a bill to amend
an Act creating a public body corporate and politic, as an instru-
mentality of the County of Bibb and City of Macon, and to be
known as the Macon-Bibb County Industrial Authority approved
February 27, 1962 (Ga. L. 1962, P. 2323), so as to add one new
3602 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
member to said Authority and to provide for the method of
appointing said new member; and for other purposes.
This 17th day of January, 1985.
is/ Denmark Groover, Jr.
Representative,
99th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Denmark Groover, Jr., who,
on oath, deposes and says that he is Representative from the
99th District, and that the attached copy of Notice of Intention
to Introduce Local Legislation was published in the Macon Tele-
graph and News which is the official organ of Bibb County, on
the following date: January 19, 1985.
/s/ Denmark Groover, Jr.
Representative,
99th District
Sworn to and subscribed before me,
this 4th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 7, 1985.
GEORGIA LAWS 1985 SESSION
3603
BRUNSWICK-GLYNN COUNTY CHARTER COMMISSION
LOCAL CONSTITUTIONAL AMENDMENT CONTINUED.
No. 46 (House Bill No. 419).
AN ACT
To continue in force and effect as a part of the Constitution
of the State of Georgia that constitutional amendment which
was proposed by Resolution Act No. 49 enacted during the 1966
regular session of the General Assembly and which was duly
ratified at the 1966 general election (Ga. L. 1966, p. 823) and
which authorized the General Assembly to provide by local Act
for the creation of a charter commission to study all matters
relative to the consolidation of the governments of the City of
Brunswick and Glynn County and the establishment of a county-
wide successor government; to provide the authority for this
Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. That constitutional amendment which was pro-
posed by Resolution Act No. 49 enacted during the 1966 regular
session of the General Assembly and which was duly ratified
at the 1966 general election (Ga. L. 1966, p. 823) and which
authorized the General Assembly to provide by local Act for
the creation of a charter commission to study all matters relative
to the consolidation of the governments of the City of Brunswick
and Glynn County and the establishment of a county-wide suc-
cessor government shall not be repealed or deleted on July 1,
1987, as a part of the Constitution of the State of Georgia but
is specifically continued in force and effect on and after that
date as a part of the Constitution of the State of Georgia.
Section 2. This Act is passed pursuant to Article XI, Sec-
tion I, Paragraph IV of the Constitution of the State of Georgia
which authorizes the continuation of certain amendments to
the Constitution.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
3604 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
1985 session of the General Assembly of Georgia a bill to con-
tinue in force and effect as a part of the Constitution of Georgia
that constitutional amendment which was proposed by Resolu-
tion Act No. 49 enacted during the 1966 regular session of the
General Assembly (Ga. L. 1966, p. 823) and which authorized
the General Assembly to provide by local Act for the creation
of a charter commission; and for other purposes.
This 15 day of January, 1985.
Dean G. Auten
Representative,
156th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Dean G. Auten, who, on
oath, deposes and says that he is Representative from the 156th
District, and that the attached copy of Notice of Intention to
Introduce Local Legislation was published in the Brunswick
News which is the official organ of Glynn County, on the follow-
ing date: January 19, 1985.
/s/ Dean G. Auten
Representative,
156th District
Sworn to and subscribed before me,
this 23rd day of January, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 14, 1985.
GEORGIA LAWS 1985 SESSION
3605
BRUNSWICK-GLYNN COUNTY CHARTER COMMISSION
TIME LIMITS; REFERENDUM RESULTS.
No. 47 (House Bill No. 420).
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),
an Act approved March 14, 1983 (Ga. L. 1983, p. 3739), and
an Act approved March 29, 1984 (Ga. L. 1984, p. 5205), so as
to extend the time within which said commission shall complete
its work; to change references to electors to qualified voters;
to change the manner in which the votes shall be counted in
the referendum election held for approval or rejection of a pro-
posed charter or charters; to provide for intent; to repeal conflict-
ing 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), an Act approved April 6, 1981 (Ga. L. 1981, p.
3850), an Act approved April 12, 1982 (Ga. L. 1982, p. 4087),
an Act approved March 14, 1983 (Ga. L. 1983, p. 3739), and
an Act approved March 29, 1984 (Ga. L. 1984, p. 5205), is
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, 1986, 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
3606 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
by May 31,1987. However, the time for making such recom-
mendations or for filing such proposed charter may be ex-
tended for such period of time as may be authorized by a
resolution duly adopted by the governing authority of the
City of Brunswick and by a similar resolution being adopted
by the governing authority of Glynn County.
Section 2. Said Act is further amended by striking subsec-
tion (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,
it shall be the duty of the board of elections of Glynn County
to issue the call for an election for the purpose of submitting
said charter or charters to the voters of Glynn County, in-
cluding the City of Brunswick, who are qualified to vote
for members of the General Assembly for approval or rejec-
tion. The board of elections of Glynn County shall set the
date of such election for a day not less than 30 nor more
than 45 days after the issuance of the call. The board of
elections of Glynn County shall cause the date and purpose
of the election to be published once a week for two weeks
immediately preceding the date thereof in the official organ
of Glynn County. The ballot shall have written or printed
thereon the following:
Tor approval of the charter consolidating the govern-
ments of the City of Brunswick and Glynn County and creat-
ing a single county-wide government to supersede and re-
place said governments.
Against approval of the charter consolidating the govern-
ments of the City of Brunswick and Glynn County and creat-
ing a single county-wide government to supersede and re-
place said governments.,
or
Tor 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
GEORGIA LAWS 1985 SESSION
3607
charters shall supersede and replace the present govern-
ments 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 govern-
ments 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. If more than one-half of the votes cast
are for approval of said charter or charters, then said charter
or charters shall become effective as provided 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 3. Said Act is further amended by striking Section
11 in its entirety and inserting a new Section 11 to read as
follows:
"Section 11. In the event the proposed single county-wide
government charter is ratified by the qualified voters of
Glynn County, including the City of Brunswick, as provided
in Section 10 of this Act, an election shall be held in accor-
dance with the provisions of said charter to elect the mem-
bers of the governing authority of said county-wide govern-
ment. 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 govern-
ments 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 4. (a) The General Assembly finds that the over-
whelming sentiment of electors and residents in Glynn County
is to conduct any charter referendum under the terms and proce-
dures specified herein, including specifically the provision for
a single-majority referendum; that this sense of the electors
and residents of Glynn County is the same today as it has been
3608 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
since the issue of consolidation was first raised locally; and that
the procedures specified herein are the same as would have
been desired and applied had such a referendum occurred on
or about November 1, 1964.
Ob) It is the purpose of Sections 2 and 3 of this Act to
reinstate the voting procedures and method of counting votes
in the referendum election held for approval or rejection
of a proposed charter or charters which were provided in
Sections 10 and 11 of an Act approved March 29, 1968 (Ga.
L. 1968, p. 2914), the original Act which created the Bruns-
wick-Glynn County Charter Commission.
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
1985 session of the General Assembly of Georgia a bill to amend
an Act creating the Brunswick-Glynn County Charter Commis-
sion, approved April 11,1979 (Ga. L. 1979, p. 3378), as amended;
and for other purposes.
This 15 day of January, 1985.
Dean G. Auten
Representative,
156th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Dean G. Auten, who, on
oath, deposes and says that he is Representative from the 156th
District, and that the attached copy of Notice of Intention to
Introduce Local Legislation was published in the Brunswick
News which is the official organ of Glynn County, on the follow-
ing date: January 19, 1985.
/s/ Dean G. Auten
Representative,
156th District
GEORGIA LAWS 1985 SESSION
3609
Sworn to and subscribed before me,
this 23rd day of January, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec, 18, 1988.
(Seal).
Approved March 14, 1985.
METROPOLITAN ATLANTA RAPID TRANSIT
AUTHORITY BOARD OF DIRECTORS.
No. 49 (House Bill No. 36).
AN ACT
To amend an Act known as the "Metropolitan Atlanta Rapid
Transit Authority Act of 1965, approved March 10, 1965 (Ga.
L. 1965, p. 2243), as amended, so as to add three new members
to the Board of Directors of the Authority; to provide for addi-
tional residency requirements; to provide for other matters rela-
tive 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 known as the "Metropolitan Atlanta
Rapid Transit Authority Act of 1965, approved March 10,1965
(Ga. L. 1965, p. 2243), as amended, is amended by striking the
first paragraph of subsection (a) of Section 6 in its entirety and
substituting in lieu thereof a new first paragraph of said subsec-
tion to read as follows:
"The Board of Directors of the Authority shall be com-
posed of 17 members. Four members shall be residents of
3610 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
the City of Atlanta to be nominated by the Mayor and elected
by the City Council; five members shall be residents of De-
Kalb County to be appointed by the local governing body
thereof and at least one of such appointees shall be a resident
of that portion of DeKalb County lying south of the southern-
most corporate boundaries of the City of Decatur and at
least one of such appointees shall be a resident of that portion
of Dekalb County lying north of the southernmost corporate
boundaries of the City of Decatur; three members shall be
residents of Fulton County to be appointed by the local gov-
erning body thereof, and at least one of such appointees
shall be a resident of that portion of Fulton County lying
south of the corporate limits of the City of Atlanta and that
membership position held by a Fulton County resident, ap-
pointed by the local governing body of that county, the term
of which position expires December 31,1988, shall, beginning
on and after January 1,1989, be filled by the local governing
body of Fulton County appointing a person who is a resident
of that portion of Fulton County lying north of the corporate
limits of the City of Atlanta; one member shall be a resident
of Clayton County to be appointed by the local governing
body thereof; and one member shall be a resident of Gwinnett
County to be appointed by the local governing body thereof.
Three members, representing the State, shall be as follows:
the Commissioner of the Department of Transportation who
shall be an ex officio member; the State Revenue Commis-
sioner who shall be an ex officio member; and the Executive
Director of the State Properties Commission who shall be
an ex officio member. The first member who must be a resi-
dent of that portion of Fulton County lying south of the
corporate limits of the City of Atlanta shall be appointed
by the governing body of Fulton County to take office on
July 1, 1985, for an initial term ending December 31, 1986.
The two members who are DeKalb County residents and
appointed by the governing authority thereof and who are
added by this paragraph shall each be appointed by the gov-
erning body of DeKalb County to take office on July 1,1985,
for an initial term ending December 31, 1986. After the ini-
tial terms of those three members added to the Board in
1985, that governing body which appointed the member for
that initial term to that office shall appoint successors
thereto for terms of office of four years in the same manner
that such governing body makes its other appointments to
the Board.
GEORGIA LAWS 1985 SESSION
3611
Section 2. This Act shall become effective upon its ap-
proval 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 1985 Session of the General Assembly of Georgia a bill
to amend an Act known as the "Metropolitan Atlanta Rapid
Transit Authority Act of 1965, approved March 10,1965 (Geor-
gia Laws 1965 p. 2243) as amended; to repeal conflicting laws;
and for other purposes.
This 30th day of November, 1984.
John W. Greer
Representative,
39th District
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 Dis-
trict, and that the attached copy of Notice of Intention to Intro-
duce Local Legislation was published in the Decatur Dekalb
News Era which is the official organ of Dekalb County, on the
following date: December 13, 1984.
/s/ Dick Lane
Representative,
27th District
Sworn to and subscribed before me,
this 14th day of January, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
3612 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 1985 Session of the General Assembly of Georgia a bill
to-amend an Act known as the "Metropolitan Atlanta Rapid
Transit Authority Act of 1965, approved March 10,1965 (Geor-
gia Laws 1965 p. 2243) as amended; to repeal conflicting laws;
and for other purposes.
This 30th day of November, 1984.
/s/ John W. Greer
Representative,
39th District
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 Dis-
trict, and that the attached copy of Notice of Intention to Intro-
duce Local Legislation was published in the Clayton News/Daily
which is the official organ of Clayton County, on the following
date: December 14, 1984.
/s/ Dick Lane
Representative,
27th District
Sworn to and subscribed before me,
this 14th day of January, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the
regular 1985 Session of the General Assembly of Georgia a bill
to amend an Act known as the "Metropolitan Atlanta Rapid
GEORGIA LAWS 1985 SESSION
3613
Transit Authority Act of 1965, approved March 10,1965 (Geor-
gia Laws 1965 p. 2243) as amended; to repeal conflicting laws;
and for other purposes.
This 30th day of November, 1984.
John W. Greer
Representative,
39th District
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 Dis-
trict, and that the attached copy of Notice of Intention to Intro-
duce Local Legislation was published in the Fulton County Daily
Report which is the official organ of Fulton County, on the follow-
ing date: December 10, 1984.
/s/ Dick Lane
Representative,
27th District
Sworn to and subscribed before me,
this 14th day of January, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the
regular 1985 Session of the General Assembly of Georgia a bill
to amend an Act known as the "Metropolitan Atlanta Rapid
Transit Authority Act of 1965, approved March 10,1965 (Geor-
gia Laws 1965 p. 2243) as amended; to repeal conflicting laws;
and for other purposes.
This 30th day of November, 1984.
3614 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
John W. Greer
Representative,
39th District
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 Dis-
trict, and that the attached copy of Notice of Intention to Intro-
duce Local Legislation was published in the Marietta Daily Jour-
nal which is the official organ of Cobb County, on the following
date: December 14, 1984.
/s/ Dick Lane
Representative,
27th District
Sworn to and subscribed before me,
this 14th day of January, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the
regular 1985 Session of the General Assembly of Georgia a bill
to amend an Act known as the "Metropolitan Atlanta Rapid
Transit Authority Act of 1965, approved March 10,1965 (Geor-
gia Laws 1965 p. 2243) as amended; to repeal conflicting laws;
and for other purposes.
This 30th day of November, 1984.
John W. Greer
Representative,
39th District
GEORGIA LAWS 1985 SESSION
3615
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 Dis-
trict, and that the attached copy of Notice of Intention to Intro-
duce Local Legislation was published in the Home Weekly which
is the official organ of Gwinnett County, on the following date:
December 13, 1984.
/s/ Dick Lane
Representative,
27th District
Sworn to and subscribed before me,
this 14th day of January, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 14, 1985.
SPALDING COUNTY BOARD OF COMMISSIONERS;
MEMBERSHIP; ELECTIONS.
No. 50 (House Bill No. 984).
AN ACT
To amend an Act creating a board of commissioners of Spal-
ding County, approved February 5, 1873 (Ga. L. 1873, p. 289),
and all acts amendatory thereof, so as to implement the results
of the "straw ballot election held in Spalding County on March
13, 1984, wherein a majority of those voting expressed their
desire to increase the membership of the board of commissioners
of said county from three to five members, with some members
3616 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
being elected from single-member districts; to repeal the present
at-large method of electing the members of said board; to in-
crease the membership from three to five members; to provide
for a four-year term instead of a six-year term for each member
of said board; to augment the position of racial minorities with
respect to their effective exercise of the electoral franchise; to
provide for five single-member districts in said county; to provide
for the election of one member of said board from each of the
five single-member districts by the electors of each single-mem-
ber district; to provide for the elections, terms, and qualifications
of commissioners; to provide for the preservation of the terms
of the current members of the board of commissioners; to provide
for staggered terms of commissioners; to facilitate continuity
in county government; to provide for filling vacancies; to provide
for the election of a chairman, vice-chairman, and other officers
of said board and to define their duties; to provide for compensa-
tion and allowances of the chairman and members of said board;
to provide for meetings of said board and a quorum for meetings;
to provide for transition; to provide for other matters relative
to the foregoing; to repeal conflicting laws; and for other pur-
poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act creating a board of commissioners of
Spalding County, approved February 5, 1873 (Ga. L. 1873, p.
289), as amended, particularly by an Act approved December
22, 1898 (Ga. L. 1898, p. 375), an Act approved August 7, 1905
(Ga. L. 1905, p. 586), and an Act approved April 6, 1981 (Ga. L.
1981, p. 4140), is amended by striking Sections I and II of said
Act in their entirety and inserting in lieu thereof new Section
I and II to read as follows:
"Section I. (a) The governing authority of Spalding
County shall be a board of commissioners consisting of five
members who shall be elected (or appointed) as hereinafter
provided.
(b) The board of commissioners, as the governing au-
thority of said county, shall have all of the duties and immu-
nities and may exercise all of the powers and rights granted
to, vested in, or imposed upon said commissioners by the
Constitution and laws of this state.
GEORGIA LAWS 1985 SESSION
3617
(c) There are created five single-member commission
districts in Spalding County, each of which shall be repre-
sented by one member of such board. The respective geo-
graphical areas and boundaries of each such district are des-
ignated and described as follows:
District One: Beginning in the City of Griffin at the
junction of West Broadway Street with North 9th Street,
and running east along Broadway Street, thence Jackson
Road, to the junction of Kennedy Road with Jackson
Road; and running north along Kennedy Road to its junc-
tion with North 2nd Street Extension; and running
northerly along North 2nd Street Extension to its junc-
tion with Jordan Hill Road; and running west, thence
south, along Jordan Hill Road to its junction with Dob-
bins Mill Road; and running west along Dobbins Mill
Road to its junction with Atlanta Road (formerly the
"Dixie Highway); and running south along Atlanta
Road (formerly the "Dixie Highway) to its intersection
with Experiment Street; and running southeast along
Experiment Street (formerly the "Dixie Highway) to
its junction with School Street; and running east along
School Street to its intersection with West Quilley Street;
and running south along West Quilley Street to its junc-
tion with the Griffin City Limits line; and running north-
easterly along the curving arc of the City Limits line
of the City of Griffin to its intersection with North 9th
Street; and running south along North 9th Street to its
junction with West Broadway Street, the point of begin-
ning.
District Two: Beginning in the City of Griffin at the
junction of West Broadway Street with North 9th Street,
and running east along Broadway Street, thence Jackson
Road to its junction with Searcy Avenue; and running
southeasterly along Searcy Avenue to its junction with
Hamilton Boulevard; and running southeasterly, thence
westerly, along Hamilton Boulevard to its junction with
East College Street; and running northwest along East
College Street to its junction with Kincaid Avenue; and
running southwest along Kincaid Avenue to its intersec-
tion with Springer Drive, and its junction with Crescent
Road; and running southwest along Crescent Road to
3618 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
its junction with Georgia State Highway Route 3 (South
Hill Street); and running south along Georgia State High-
way Route 3 (South Hill Street, thence Zebulon Road)
to its intersection with Wesley Avenue; and running
north along Wesley Avenue to its junction with Brashier
Street; and running west along Brashier Street to its
junction with Everee Inn Road; and running south along
Everee Inn Road to its junction with Odell Road; and
running west along Odell Road to its junction with Car-
ver Road; and running north along Carver Road to its
intersection with Georgia State Highway Route 362 (Wil-
liamson Road); and running southwest along Georgia
State Highway Route 362 (Williamson Road) to its junc-
tion with Pine Hill Road; and running north along Pine
Hill Road to its junction with Georgia State Highway
Route 16; and running east along Georgia State Highway
Route 16 to its intersection with Atlanta Expressway
North (Ga. State Highway Route 7), being West Taylor
Street, and running east along West Taylor Street to
its intersection with South 13th Street; and running
north along 13th Street to its junction with West Quilley
Street; and running northwest along West Quilley Street
to its junction with the Griffin City Limits line; thence
running northeasterly along the curving arc of the City
Limits Line of the City of Griffin to its intersection with
North 9th Street; and running south along North 9th
Street to its intersection with West Broadway Street,
the point of beginning.
District Three: Beginning at the intersection of
Jackson Road in Spalding County with the Butts County
boundary line; and running from said beginning point
west along Jackson Road to its junction with Tomochichi
Road; and running south along Tomochichi Road to its
junction with High Falls Road; and running west along
High Falls Road to its junction with Searcy Avenue; and
running southeast along Searcy Avenue to its junction
with Hamilton Boulevard; and running southwest along
Hamilton Boulevard to its junction with East College
Street; and running northwest along East College Street
to its junction with Kincaid Avenue; and running south-
west along Kincaid Avenue to its intersection with
Springer Drive and its junction with Crescent Road; and
GEORGIA LAWS 1985 SESSION
3619
running southwest along Crescent Road to its junction
with Georgia State Highway Route 3 (South Hill Street);
and running south along Georgia State Highway Route
3 (South Hill Street, thence Zebulon Road) to its junction
with Wesley Avenue; and running north along Wesley
Avenue to its junction with Brashier Street; and running
west along Brashier Street to its junction with Everee
Inn Road; and running south along Everee Inn Road to
its junction with Odell Road; and running west along
Odell Road to its junction with Carver Road; and running
north along Carver Road to its intersection with Georgia
State Highway Route 362 (Williamson Road); and run-
ning southwest along Georgia State Highway Route 362
(Williamson Road) to its intersection with the Pike
County boundary line; and running eastwardly along the
Pike County boundary line to the Lamar County bound-
ary line; and running easterly along the Lamar County
boundary line to the Butts County boundary line; and
running northerly along the Butts County boundary line
to its intersection with Jackson Road, the point of begin-
ning.
District Four: Beginning at the intersection of Geor-
gia State Highway Route 92 (Fayetteville Highway) in
Spalding County with the Fayette County boundary line;
and running east along Georgia State Highway Route
92 to its junction with Vineyard Road; and running east
along Vineyard Road to its junction with Atlanta Road
(formerly the "Dixie Highway); and running south along
Atlanta Road (formerly the "Dixie Highway) to its inter-
section with Experiment Street; and running southeast
along Experiment Street (formerly the "Dixie Highway)
to its junction with School Street; and running east along
School Street to its intersection with West Quilley Street;
and running south along West Quilley Street to its inter-
section with North 13th Street; and running south along
13th Street to its intersection with Georgia State High-
way Route 16 (being also Georgia State Highway Route
3, also West Taylor Street); and running west along Geor-
gia State Highway Route 16 to its intersection with Pine
Hill Road; and running south along Pine Hill Road to
its junction with Georgia State Highway 362 (Williamson
Road); and running southwest along Georgia State High-
3620 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
way Route 362 (Williamson Road) to its intersection with
the Pike County boundary line; and running west along
the Pike County boundary line to its junction with the
Meriwether County boundary line; and running north
along the Meriwether County boundary line to its junc-
tion with the Coweta County boundary line; and running
north along the Coweta County boundary line to its junc-
tion with the Fayette County boundary line; and running
northeast along the Fayette County boundary line to its
intersection with Georgia State Highway Route 92 (Fay-
etteville Highway), the point of beginning.
District Five: Beginning at the intersection of Jack-
son Road in Spalding County with the Butts County
boundary line; and running west along Jackson Road
to its junction with Tomochichi Road; and running south
along Tomochichi Road to its junction with High Falls
Road; and running west along High Falls Road to its
junction with Searcy Avenue; and running north along
Searcy Avenue to its junction with Jackson Road; and
running east along Jackson Road to its junction with
Kennedy Road; and running north along Kennedy Road
to its junction with North 2nd Street Extension; and run-
ning north along North 2nd Street Extension to its junc-
tion with Jordan Hill Road; and running west thence
south along Jordan Hill Road to its junction with Dobbins
Mill Road; and running west along Dobbins Mill Road
to its intersection with Atlanta Road (formerly the "Dixie
Highway) and its junction with Vineyard Road; and run-
ning west along Vineyard Road to its junction with Geor-
gia State Highway Route 92 (Fayetteville Highway); and
running west on Georgia State Highway 92 to its intersec-
tion with the Fayette County boundary line; and running
northerly along the Fayette County boundary line to its
junction with the Clayton County boundary line; and
running east along the Clayton County boundary line
to its junction with the Henry County boundary line;
and running east along the Henry County boundary line
to its junction with the Butts County boundary line; and
running southwest along the Butts County boundary line
to its intersection with Jackson Road, the point of begin-
ning.
(d) Each candidate for commissioner in any primary
or election shall be a resident of the State of Georgia and
GEORGIA LAWS 1985 SESSION
3621
a qualified voter and shall have been a resident of Spalding
County for at least two years immediately prior to qualifying
as a candidate and shall have been a resident of the single-
member district for which the candidate is offering for elec-
tion, including a primary, special, or general election, at
least one year immediately prior to qualifying as a candidate.
Each commissioner shall remain a resident of the respective
single-member district from which he is elected (or ap-
pointed), and which he represents, during his term of office
as a member of said board. Should a member of the board,
who is elected (or appointed) to represent a particular single-
member district, change his residence from the district
which he was elected (or appointed) to represent, a vacancy
of such office shall thereby be created and shall thereafter
be filled as provided in this Act. Each candidate for commis-
sioner shall be nominated and elected by a majority of the
qualified electors voting in his single-member district. A can-
didate for commissioner shall specify the single-member dis-
trict for which he is offering for election. Otherwise said
commissioners shall be nominated and elected in the same
manner and according to the same procedure as members
of the House of Representatives.
(e) No candidate for commissioner and no member of
the board of commissioners shall hold any other county or
municipal office while running for nomination or election
or during his or her term of office as a commissioner.
(f) The members of the board of commissioners in office
on February 1,1985, who are residents, respectively, of Com-
mission Districts No. Two, Three, and Five are designated,
respectively, as the commissioners from, and representing,
districts number Two, Three, and Five. In order to provide
for staggered terms of office and to allow for continuity on
the board, each of the members of the board in office on
February 1,1985, shall be entitled to serve out the respective
term of office for which he was elected and until his successor
is elected (or appointed) and qualified.
(g) The superintendent of elections in Spalding County,
within 30 days after he shall have received convincing evi-
dence in writing that this Act has been precleared by the
Attorney General of the United States of America, or by
the United States Department of Justice acting for and on
3622 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
behalf of the Attorney General, under Section 5 of the Voting
Rights Act of 1965, as amended, (now codified as 42 USC
1973c), shall call a special election in Commission Districts
One and Four, pursuant to the pertinent provisions of Chap-
ter 2 of Title 21 of the Official Code of Georgia Annotated,
the 'Georgia Election Code, for the election of one commis-
sioner from each district by the respective voters of each
such district. A candidate, to be elected, shall receive a major-
ity of the votes cast by the qualified electors voting in his
commission district and shall take office on the first day of
the month following the date of his election for a term expir-
ing on the last day of December, 1988, and until his successor
is elected (or appointed) and qualified, as herein provided.
(h) At the general election in 1986, a commissioner from
District Two shall be elected and shall take office on the
first day of January following his election for a term of four
years and until his successor is elected (or appointed) and
qualified, as herein provided.
(i) At the general election in 1988, commissioners from
Districts No. One, Three, and Four shall be elected and shall
take office on the first day of January following their respec-
tive elections for a term of four years and until their respec-
tive successors are elected (or appointed) and qualified, as
herein provided.
(j) At the general election in 1990, commissioners from
Districts No. Two and Five shall be elected and shall take
office on the first day of January following their respective
elections for a term of four years and until their respective
successors are elected (or appointed) and qualified, as herein
provided.
(k) After the year 1990, the members of the board of
commissioners shall be elected at the general election next
preceding the expiration of their respective terms of office
and shall take office on the first day of January immediately
following their election for terms of four years and until
their successors are elected and qualified.
(l) Any vacancy occurring on the board shall be filled
for the unexpired term of the member whose seat has been
GEORGIA LAWS 1985 SESSION
3623
vacated by a person elected or appointed, as now or hereafter
provided by the statutory laws of Georgia for filling such
vacancies, being Code Section 36-5-21 of the Official Code
of Georgia Annotated, as it now exists or as it may hereafter
be amended. Any person so appointed or elected to fill a
vacancy on the board shall be eligible, if he is qualified pur-
suant to the provisions of this Act and all other applicable
laws, to be nominated and elected, or reelected, to succeed
himself as a member of said board.
(m) Before entering upon the duties of the office of com-
missioner, each member of the board shall take the oath
of office as required by the laws of Georgia.
(n) Annually, the board shall elect one of its members
to serve as chairman of the board and another member to
serve as vice-chairman of the board. The board may elect
a clerk of the board, who need not be a member of the board.
The board may designate, appoint, or employ such other
officers, agents, and employees as the board may deem proper
under and by virtue of the pertinent laws of Georgia. The
chairman shall preside at all meetings of the board and shall
serve as the chief executive officer of the county. For and
during the absence, disqualification, or disability of the chair-
man, the vice-chairman shall serve as chairman. If the chair-
mans seat is vacated, the vice-chairman shall assume the
duties of the chairman until such time as the chairmans
vacancy is filled by the election of another member by the
board. If the vice-chairmans seat is vacated, the board shall
elect another of its members to fill such vacancy for the
unexpired term of office.
(o) The board of commissioners shall hold at least one
regular meeting each month at the county seat at such time
and on such day of the week as the commissioners from
time to time may designate. The time, date, and place of
any such meeting may be changed as the commissioners
shall deem proper. The commissioners may hold such other
regular, special, or additional meetings as they may deem
necessary or proper. No notice shall be required to be given
for any regular meeting, being any meeting designated to
be held regularly by resolution of the commissioners, such
as annual, quarterly, monthly, semi-monthly, or weekly
3624 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
meetings or other such meetings held at regular periodic
intervals. The board of commissioners is authorized to pro-
vide for the holding of special meetings, to provide for the
time, place, and manner of holding and calling special meet-
ings, and to provide for giving notice, and waiver of notice,
of the time, place, and purpose of such meetings, all as the
board of commissioners, in its sole discretion, shall deem
proper. A majority of the members, then serving on the board
of commissioners, shall constitute a quorum for the transac-
tion of business. In the absence of a quorum, a majority of
the members of the board of commissioners present at any
meeting may adjourn the meeting from time to time until
a quorum can be had. Notice of any adjourned meeting need
only be given by announcement at the meeting at which
the adjournment is taken. All resolutions adopted and all
business transacted by the board of commissioners shall re-
quire the affirmative vote of a majority of the commissioners
present at the meeting. From time to time the commissioners
may fix an agenda for any meeting or meetings and may
adopt such other rules of order as they may deem appropri-
ate, which shall govern the conduct and procedure of their
meetings.
Section II. (a) The chairman of the board of commis-
sioners shall be paid a salary at the rate of $8,160.00 per
annum for his services and each of the other commissioners
of said board shall respectively be paid a salary at the rate
of $7,440.00 per annum for his services. Said salaries shall
be apportioned and payable for the remainder of 1985 and
for all subsequent years at said respective annual rates from
the funds of Spalding County. Salaries shall be payable, as
accrued, in monthly installments or other periodic install-
ments at the discretion of a majority of said commissioners.
(b) The chairman of the board of commissioners shall
receive $200.00 per month as an expense allowance to cover
and provide in full for his expenses of travel within Spalding
County each month, which compensation shall be payable
in monthly installments on the last day of each month from
the funds of Spalding County and shall be in addition to
the salary and any other compensation received by such
officer.
GEORGIA LAWS 1985 SESSION
3625
(c) Each of the other members of the board of commis-
sioners shall receive $150.00 per month as an expense allow-
ance to cover and provide in full for his expenses of travel
within Spalding County each month, which compensation
shall be payable in monthly installments on the last day
of each month from the funds of Spalding County and shall
be in addition to the salary and other compensation received
by such member.
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 1985 session of the General Assembly of Georgia a Bill
to change the method of electing the members of the Board of
Commissioners of Spalding County, to provide for the election
of five members, to change the terms of office, to repeal conflict-
ing laws and for other purposes.
This the 20th day of February, 1985.
Maureen C. Jackson, Clerk
Board of Commissioners
Spalding County, Georgia
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 23, 1985.
/s/ John L. Mostiler
Representative,
75th District
3626 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 25th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 14, 1985.
CITY OF GRIFFIN BOARD OF COMMISSIONERS;
ELECTIONS; TERMS.
No. 51 (House Bill No. 755).
AN ACT
To amend an Act creating a new charter for the City of
Griffin, approved July 21,1921 (Ga. L. 1921, p. 959), as amended,
so as to change the method of electing the five members of
the board of commissioners by providing for the election of four
members from single-member districts apportioned on the basis
of population and one member elected at large; to require appor-
tionment of the city into four single-member election districts
based upon the 1980 United States decennial census; to require
reapportionment following publication of future decennial cen-
sus figures or upon annexation of territory into the corporate
limits of the city; to increase the terms of office of the commis-
sioners; to provide for the procedures connected therewith; to
provide an effective date; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act creating a new charter for the City of
Griffin, approved July 21,1921 (Ga. L. 1921, p. 959), as amended,
is amended by striking Section 2.2, relating to qualification and
GEORGIA LAWS 1985 SESSION
3627
election of commissioners generally, in its entirety and inserting
in lieu thereof a new Section 2.2 to read as follows:
"Section 2.2. Qualification and election of commissioners
generally, (a) Any person who is eligible to vote for members
of the General Assembly and for commissioners of the City
of Griffin and a citizen and resident of said city shall be
eligible to hold the office as a member of the board of commis-
sioners of said city; provided, however, that no person shall
be eligible to hold said office, or any other office in said city,
who is the holder of any unaccounted for public funds of
either the federal, state, county, or city government. Candi-
dates for Posts 1, 2, 3, and 4 must reside within their respec-
tive election districts. Candidates for Post 5 may reside in
any election district of said city.
(b) Any person who is a citizen and resident of said
city and who is eligible and registered to vote for members
of the General Assembly is eligible to vote for commissioners
of the City of Griffin. Only those registered voters residing
within election districts for Posts 1, 2, 3, or 4 may vote for
candidates from their correspondingly numbered district. All
registered voters of the city may vote for candidates for Post
5.
(c) Any person qualified under subsection (a) above who
intends to offer for election as a member of the board of
city commissioners must so indicate that intention by regis-
tering as such candidate and by signing an oath that he is
qualified under this section, in the office of the city manager
at the city hall not later than 12:00 Noon 22 days prior to
the election but not more than 52 days prior to the election
in the case of a general election and not later than 12:00
Noon 15 days but not more than 30 days prior to the election
in the case of a special election in which he proposes to be
a candidate.
Section 2. Said Act is further amended by striking Section
2.3, relating to posts established, qualifications of commission-
ers, and commissioners term of office, in its entirety and insert-
ing in lieu thereof a new Section 2.3 to read as follows:
"Section 2.3. Posts established; apportionment of elec-
tion districts based upon population; commissioners term
3628 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
of office, (a) The board of commissioners shall by ordinance
amend its charter pursuant to paragraph (1) of subsection
(b) of Section 36-35-3 of the O.C.G.A. to apportion the City
of Griffin into four election districts in accordance with the
following specifications:
(1) Each apportioned district shall be formed of con-
tiguous territory, and the boundary lines of such district
shall be the center lines of streets or other well-defined
boundaries; and
(2) Variations in population among such districts
shall comply with the one-person-one-vote requirements
of the United States Constitution.
(b) The apportionment into election districts shall be
based upon the United States decennial census of 1980. Fol-
lowing publication of any future decennial census, the board
of commissioners shall reapportion districts pursuant to this
section. If the annexation of additional territory to the corpo-
rate boundaries of the city has the effect of denying voters
residing within the newly annexed territory the right to
vote for members of the board of commissioners on substan-
tially the same basis as the other voters of the city, the
board of commissioners shall reapportion districts based
upon the last decennial census, effective for the next regular
municipal election following annexation.
(c) Positions on the board of commissioners shall be
numbered as Posts 1, 2, 3, 4, and 5, as follows:
(1) Post 1 shall be that position presently occupied
by Commissioner Jones and shall consist of the election
district in which he currently resides:
POST 1
Post 1 shall consist of that portion of the City begin-
ning at the intersection of Hill and Taylor (including
that portion North of Taylor Street) running West along
Taylor to the North Expressway; thence North along the
North Expressway to Lyndon Avenue; thence running
East along Lyndon Ave. to its intersection with Experi-
ment Street; thence running southeast along Experiment
Street to its intersection with 13th Street; thence North
GEORGIA LAWS 1985 SESSION
3629
on 13th Street across Central of Georgia Railroad to West
Quilly Street; thence Northwest on Quilly Street to City
Limits Line; thence following City Limits line to Hill
Street; thence South on Hill Street to its intersection
with North 6th Street; thence South on North 6th Street
to Quincy Ave; thence East on Quincy to Pool Road;
thence North on Pool Road to Blanton Ave.; thence East
on Blanton to North 3rd Street; thence South on North
3rd Street to Jefferson Ave.; thence West on Jefferson
Ave. to North 5th Street; thence South on North 5th
Street to Austin Street; thence West on Austin Street
to 6th Street; thence North on 6th Street to Cherry
Street; thence West on Cherry Street to North Hill
Street; thence South on North Hill Street to Taylor Street
and the point of beginning.
(2) Post 2 shall be that position presently occupied
by Commissioner Head and shall consist of the election
district in which he currently resides:
POST 2
Post 2 shall consist of that portion of the City begin-
ning at the intersection of Hill and Taylor (including
that portion East of Hill Street) running North on Hill
Street to Cherry Street; thence East on Cherry Street
to 6th Street; thence South on 6th Street to Austin Street;
thence East on Austin Street to North 5th Street; thence
North on North 5th Street to Jefferson Street; thence
East on Jefferson Street to North 3rd Street; thence
North on North 3rd Street to Blanton Ave.; thence West
on Blanton Ave. to Pool Road; thence South on Pool Road
to Quincy Ave.; thence West on Quincy Ave. to North
6th Street; thence North on North 6th Street to North
Hill Street; thence North on Hill Street to City Limits
line; thence following City Limits line back to its intersec-
tion with Hamilton Blvd; thence West on Hamilton Blvd.
to Memorial Drive (City Limits line); thence following
City Limits line to Hamilton Blvd. at Sunnybrook Drive;
thence West on Hamilton Blvd. to East College St.; thence
northwest on E. College Street to Kincaid Avenue; thence
West on Kincaid Avenue to McLaurin; thence Northwest
on McLaurin Ave. to Forrest Avenue; thence Southwest
on Forrest Ave. to Terrace St.; thence North on Terrace
Street to Tilney Ave.; thence West on Tilney Ave. to
3630 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
South Hill Street; thence North on South Hill Street
to Taylor Street and the point of beginning.
(3) Post 3 shall be that position presently occupied
by Commissioner Davis and shall consist of the election
district in which he currently resides:
POST 3
Post 3 shall consist of that portion of the City begin-
ning at the intersection of Hill and Taylor Streets (includ-
ing that portion West of Hill Street) running South on
Hill Street to Tilney Ave.; thence East on Tilney Ave.
to Terrace Street; thence South on Terrace Ave. to For-
rest Ave.; thence Northeast on Forrest Ave. to McLaurin
Ave.; thence Southeast on McLaurin Ave. to Kincaid
Ave.; thence Northeast on Kincaid Ave. to E. College
Street; thence Southeast on East College Street to Hamil-
ton Blvd.; thence Northeast on Hamilton Boulevard to
City limits line; thence following City Limits line back
to Hamilton Boulevard; thence East on Hamilton Boule-
vard to City Limits line; thence following City Limits
line East around to Everee Inn Road at Cain Lane; thence
North on Everee Inn Road to Anne Street; thence East
on Anne Street to Anne Street; thence North on Anne
Street to Briarcliff Street; thence West on Briarcliff
Street to Parkview Street; thence East on Parkview
Street to Anne Street; thence North on Anne Street to
Beck Street; thence East on Beck Street to Pimento Ave.;
thence Northwest on Pimento Ave. to Sunshine Drive;
thence West on Sunshine Drive to South 15th Street;
thence North on South 15th Street to Poplar Street;
thence East on Poplar Street to 14th Street; thence North
on 14th Street to West Taylor Street; thence East on
West Taylor Street to South Hill Street and the point
of beginning.
(4) Post 4 shall be that position presently occupied
by Commissioner Norsworthy and shall consist of the
election district in which he currently resides:
POST 4
Post 4 shall consist of that portion of the City begin-
ning at the intersection of West Taylor and 14th Streets
(including that portion South of Taylor Street) running
GEORGIA LAWS 1985 SESSION
3631
West to the North Expressway; thence North on the
North Expressway to Lyndon Ave.; thence East on Lyn-
don Ave. to Experiment Street; thence Southeast on Ex-
periment Street to 13th Street; thence North on 13th
Street across the Central of Georgia Railroad to Quilly
Street; thence Northwest on Quilly Street to the City
Limits line; thence following City Limits line North
around to its intersection on Everee Inn Road at Cain
Lane; thence North on Everee Inn Road to Anne Street;
thence East on Anne Street to Anne Street; thence North
on Anne Street to Briarcliff Street; thence West on Briar-
cliff Street to Parkview Street; thence East on Parkview
Street to Anne Street; thence North on Anne Street to
Beck Street; thence East on Beck Street to Pimento Ave.;
thence Northwest on Pimento Ave. to Sunshine Drive;
thence West on Sunshine Drive to South 15th Street;
thence North on South 15th Street to Poplar Street;
thence East on Poplar Street to 14th Street; thence North
on 14th Street to West Taylor and the point of beginning.
(5) Post 5 shall be that position presently occupied
by Commissioner Inman and shall consist of the city at
large.
(d) The commissioners serving at the time of the effec-
tive date of this section shall continue to serve for the terms
of office for which they were elected. Thereafter, candidates
who are elected to the board shall serve a term of office
for four years and until their successors are duly elected
and qualified.
(e) The municipal general election shall be conducted
on the first Tuesday following the first Monday in November
of each year. Newly elected commissioners shall be sworn
in at the first regular meeting in December following their
election.
Section 3. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without his
approval and upon preclearance approval by the United States
Department of Justice, pursuant to Section 5 of the Voting
Rights Act of 1965, as amended.
3632 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 4. All laws and parts of laws in conflict with this
Act are repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the
regular 1985 session of the General Assembly of Georgia a bill
to amend an Act creating a new charter for the City of Griffin,
approved July 21, 1921 (Ga. Laws 1921, p. 959), as amended,
so as to change the method of electing the five members of
the Board of Commissioners by providing for the election of
four members from single-member districts apportioned on the
basis of population and one member elected at-large; to require
apportionment of the City into four single-member election dis-
tricts based upon 1980 decennial census; to require reapportion-
ment following publication of future decennial census figures
or upon annexation of territory into the corporate limits of the
city; to increase the term of office of the commissioners; to pro-
vide for the procedures connected therewith; to provide an effec-
tive date; to repeal conflicting laws; and for other purposes.
This 22nd day of January, 1985.
Frank C. Schofield
City Manager,
City of Griffin
Publishers Affidavit.
Georgia, Spalding County.
Personally appeared, PAUL BONNERUP, who being sworn
says that he is the Publisher of The Griffin Daily News, the
legal organ of Spalding County, Georgia, and that the attached
Notice of Intention to Introduce Local Legislation duly appeared
in said newspaper on January 23 and 30, 1985.
Further affiant sayeth not.
/s/ Paul Bonnerup
GEORGIA LAWS 1985 SESSION
3633
Sworn to and subscribed before me,
this 31st day of January, 1985.
/s/ Cheryl C. Hutchison
Notary Public, Georgia State at Large.
My Commission Expires March 20, 1988.
(SEAL).
Approved March 14, 1985.
CITY OF AUSTELL m CORPORATE LIMITS.
No. 53 (House Bill No. 913).
AN ACT
To amend an Act amending, revising, consolidating, and su-
perseding the several Acts incorporating the Town of Austell
and reincorporating said town as a city, approved August 17,
1929 (Ga. L. 1929, p. 862), as amended, so as to change the
corporate limits of the city; to provide an effective date; to repeal
conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act amending, revising, consolidating, and
superseding the several Acts incorporating the Town of Austell
and reincorporating said town as a city, approved August 17,
1929 (Ga. L. 1929, p. 862), as amended, is further amended by
adding following Section 3W a new Section 3X to read as follows:
"Section 3X. On and after the effective date of this Act,
the corporate limits of the City of Austell shall include and
embrace the following tracts of land:
3634 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
TRACT M
All of Land Lot 21 of the 18th District, 2nd Section, Cobb
County, Georgia.
TRACT 2.
All that tract or parcel of land lying and being in Land
Lots 1312, 1313, and 1314 of the 19th District, 2nd Section
of Cobb County, Georgia, containing approximately 25 acres,
and being more particularly described as follows:
Beginning on the District line which is the common
line of the 18th and 19th Districts at the southwest corner
of Land Lot 1312 of the 19th District; running thence
in an easterly direction along said District line a distance
of 210 feet, to other property of Sweetwater Paperboard
Company, Inc.; running thence in a northerly direction
along said property a distance of 420 feet to a point;
running thence in a westerly direction along other prop-
erty of said Company a distance of 210 feet to the western
land lot line of Land Lot 1312; running thence in a north-
erly direction along the west line of Land Lot 1312 to
the center line of Sweetwater Creek; running thence in
a southwesterly, westerly and northwesterly direction,
and along the center line of Sweetwater Creek and follow-
ing the meanderings thereof, to the intersection thereof
with the eastern right of way line of Westside Road; run-
ning thence in a southerly direction, along said right
of way to the intersection thereof with the common line
of the 18th and 19th Districts; running thence in a west-
erly direction along said District line to the point of begin-
ning. Said tract is composed of a two acre tract in the
southwest corner of Land Lot 1312, all of Land Lot 1313
lying south of Sweetwater Creek, and all of Land Lot
1314 lying south of Sweetwater Creek and east of West-
side Road.
TRACT 3.
All that tract of land lying and being in Land Lot 1301
of the 19th District, 2nd Section of Cobb County, Georgia
and being parts of Lots 1 and 2, Block B of a Subdivision
of the W. P. Davis Property as per plat recorded in Plat
GEORGIA LAWS 1985 SESSION
3635
Book 4, Page 65, Cobb County records and being more partic-
ularly described as follows:
Beginning at a point located on the northerly right
of way of Bankhead Highway at its intersection with
the easterly right of way of Davis Drive and thence run-
ning east along the north side of Bankhead Highway a
distance of200 feet to a point and corner; thence running
north 236.6 feet to a point and corner; thence running
west 195 feet to a point located on the east right of way
of Davis Drive; thence running southerly along the east-
erly right of way of Davis Drive 238 feet to the point
of beginning.
TRACT 4.
All that tract or parcel of land lying and being in land
lot 139 of the 18th District, 2nd Section, Cobb County, Geor-
gia, being more particularly described as follows:
Beginning at the southeast corner of property now
or formerly owned by Norris on the West side of Bowden
Avenue, and running thence west along the south line
of said Norris property 200 feet to Jones Avenue; running
thence south along the east side of Jones Avenue 50 feet;
running thence east on a line parallel to Norris property
200 feet to Bowden Avenue; running thence north along
the west side of Bowden Avenue 50 feet to the point of
beginning.
TRACT 5.
All that tract or parcel of land lying and being in Land
Lot 1281 of the 19th District, 2nd Section, Cobb County,
Georgia, and being more particularly described as follows:
Beginning at the intersection of the northerly side
of Stovall Drive and the easterly side of Powder Springs
Road, also known as U. S. Highway 278 and running
thence in an easterly direction along the northerly side
of Stovall Drive a distance of 100 feet; running thence
in a northerly direction forming an exterior angle of 71
degrees and 45 minutes with the northerly side of Stovall
Drive a distance of 155 feet to an iron pin; running thence
3636 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
in a westerly direction a distance of 150 feet to the east-
erly side of Powder Springs Road; running thence in a
southerly direction along said Road a distance of 130
feet to the point of beginning.
TRACT 6.
All that tract or parcel of land lying and being in Land
Lot 202 of the 18th District, 2nd Section, Cobb County, Geor-
gia, and being all of said Land Lot lying north and east of
Sweetwater Creek and north of Old Alabama Road.
TRACT 7.
All that tract or parcel of land lying and being in Land
Lots 1158 and 1157 of the 19th District, 2nd Section, Cobb
County, Georgia, being more particularly described as fol-
lows:
Beginning at an iron pin on the west side of Flint
Hill Road, 222.5 feet south of its intersection with Clay
Road, and running thence south along Flint Hill Road
299.39 feet to an iron pin; continuing thence south along
said Road 299.93 feet to an iron pin and corner; running
thence south 70 degrees 40 minutes 01 seconds west 600
feet to an iron pin; running thence north 09 degrees 35
minutes 25 seconds west 300 feet to an iron pin; running
thence north 68 degrees 49 seconds 12 minutes east 251.3
feet to an iron pin; running thence north 10 degrees 41
minutes 31 seconds west 300 feet to an iron pin; running
thence north 72 degrees 05 minutes 54 seconds east
348.40 feet to the point of beginning.
TRACT 8.
All that tract or parcel of land lying and being in Land
Lots 1211 and 1212 of the 19th District, 2nd Section, Cobb
County, Georgia, and being Lot 9 of Mrs. Ethel H. C. McEl-
hinney Property according to survey recorded in Plat Book
55, Page 34, Cobb County, Georgia records and being more
particularly described as follows:
GEORGIA LAWS 1985 SESSION
3637
Beginning at an iron pin on the southeasterly side
of Jones Road, which iron pin is 243 feet northerly and
northwesterly of the intersection thereof with the south
line of Land Lot 1211 (which iron pin is also at the north-
west corner of lot 10 of said subdivision); running thence
southeasterly along the line dividing lots 9 and 10, 264.5
feet to an iron pin; running thence north 95 feet to an
iron pin at the southeast corner of lot 8; running thence
northwesterly along the line dividing lots 8 and 9, 207
feet to an iron pin on the southeasterly side of Jones
Road; running thence southwesterly along said Road 105
feet to an iron pin at the point of beginning.
TRACT 9.
All that tract or parcel of land lying and being in land
lots 26, 27, 28, and 91 of the 18th District, 2nd Section, Cobb
County, Georgia, and being subdivision lot 33 of the Paul
Cousins Estate Subdivision shown on plat recorded in Plat
Book 4, Page 135, Cobb County records and being more par-
ticularly described as follows:
Beginning at an iron pin on the west side of Cousins
Street, 351.8 feet south of the intersection thereof with
Bank head Highway, and running thence southerly along
Cousins Street 100 feet to an iron pin; running thence
westerly 170 feet to an iron pin; running thence north-
westerly 132 feet to an iron pin; running thence easterly
212 feet to the point of beginning.
TRACT 10.
All that tract or parcel of land lying and being in Land
Lot 95 of the 18th District, 2nd Section, Cobb County, Geor-
gia, and being more particularly described as follows:
Beginning at the northwest corner of said Land Lot,
and running thence east along said land lot line 388.76
feet to an iron pin on the west side of Paper Mill Road;
running thence south along said Road 470 feet; running
thence south 62 degrees 06 minutes west 474.3 feet to
3638 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
an iron pin on the west line of said Land Lot; running
thence north along said land lot line 682.8 feet to the
point of beginning.
TRACT 11.
All that tract or parcel of land lying and being in Land
Lots 89 and 90 of the 18th District, 2nd Section, Cobb County,
Georgia, being more particularly described as follows:
Beginning at an iron pin on the west side of Maxham
Roads 100 foot right of way, 1970 feet north of the inter-
section thereof with Locust Lane, and running thence
north 83 degrees 24 minutes west 307.43 feet to an iron
pin; continuing thence north 77 degrees 42 minutes west
99.95 feet to an iron pin; continuing thence north 81
degrees 19 minutes west 119.97 feet to an iron pin; contin-
uing thence north 81 degrees 21 minutes west 99.92 feet
to an iron pin; continuing thence north 81 degrees 36
minutes west 100.02 feet to an iron pin; continuing
thence north 80 degrees 04 minutes west 105.94 feet to
an iron pin; continuing thence north 80 degrees 16 min-
utes west 104.75 feet to an iron pin; continuing thence
north 82 degrees 04 minutes west 100.06 feet to an iron
pin; continuing thence north 82 degrees 56 minutes west
99.97 feet to an iron pin; continuing thence north 85
degrees 46 minutes west 50.11 feet to an iron pin; continu-
ing thence north 75 degrees 42 minutes west 112.3 feet
to an iron pin; running thence north 7 degrees 07 minutes
east 55.27 feet to an iron pin; running thence south 85
degrees 18 minutes west 86.77 feet to an iron pin; running
thence north 66 degrees 35 minutes west 57.4 feet to
an iron pin at Sweetwater Creek; running thence north-
erly along Sweetwater Creek 09 degrees 13 minutes 37
seconds east 344.56 feet to an iron pin; running thence
south 81 degrees 30 minutes east 1413.92 feet to an iron
pin on the west side of Maxham road; running thence
south along said road 401.45 feet to the point of begin-
ning;
Less and excepted the following property: All of Unit
1 of McCellan Quarters, as shown on survey by Kenco
Engineering and Surveying Company, Inc., dated 11/10/
82, revised 3/3/83, being Parcels 1 through 12 inclusive,
GEORGIA LAWS 1985 SESSION
3639
and Parcels 49 through 60 inclusive; and Parcels 44
through 47 inclusive of Unit II of McClellan Quarters
as shown on plat by Kenco Engineering and Surveying
Company, Inc., dated 6/28/83, latest revision dated
1/13/84.
TRACT 12.
All that tract or parcel of land lying and being in Land
Lot 1303 of the 19th District, 2nd Section, Cobb County,
Georgia, as per plat recorded in Plat Book 76, Page 46, Cobb
County, Georgia records, and being more particularly de-
scribed as follows:
Beginning at a point and corner at the northwest
intersection of Collins Boulevard and Bankhead High-
way; thence running southwesterly along the arc formed
by the northerly side of Bankhead Highway 118.91 feet
to a point and corner; thence continuing along said High-
way 130.5 feet to a point and corner; thence running
north 28 degrees 34 minutes east 35 feet to a right of
way monument; thence running north 81 degrees 45 min-
utes west 16.5 feet to the centerline of Buttermilk Creek;
thence running northerly, northeasterly and Easterly
along the centerline of Buttermilk Creek following the
meanderings thereof to a point and corner where the
same intersects the west side of Collins Boulevard 10
feet to a point and corner; thence running south 05 de-
grees 58 minutes east along the west side of Collins Boule-
vard 230 feet to a point and corner; thence continuing
South 05 degrees 58 minutes East along the West side
of Collins Boulevard 50 feet to the point of beginning.
TRACT 13.
All that tract or parcel of land lying and being in Land
Lot 1157 of the 19th District, 2nd Section, Cobb County,
Georgia, and being more particularly described as follows:
Beginning at a point on the northeasterly side of Flint
Hill Road 278 feet southeasterly from the intersection
thereof with the south side of Clay Road, as measured
along Flint Hill Road; running thence north 75 degrees
3640 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
16 minutes east a distance of 221.9 feet to the westerly
line of Valley Lakes Subdivision, Unit 3; running thence
south 10 degrees 44 minutes east along the westerly line
of Valley Lakes Subdivision, Unit 3, a distance of 385
feet; running thence south 70 degrees 59 minutes west
a distance of 201.6 feet to the northeasterly side of Flint
Hill Road; running thence north 13 degrees 44 minutes
west along Flint Hill Road a distance of 400 feet to the
point of beginning.
TRACT 14.
All that tract or parcel of land lying and being in Land
Lot 139 of the 18th District, 2nd Section, Cobb County, Geor-
gia, and being more particularly described as follows:
Beginning at a point on the south side of Franklin
Street, 500 feet west of the intersection thereof with the
west side of Bowden Avenue; running thence 50 feet west
along the south side of Franklin Street to a point; running
thence south a distance of 100 feet to a point; running
thence east a distance of 50 feet to a point; running
thence north a distance of 100 feet to the south side of
Franklin Street and the point of beginning.
TRACT 15.
All of the right of way of Perkerson Mill Road from the
present City limits just east of the west line of Land Lot
1231 of the 19th District, 2nd Section, Cobb County, Georgia,
to the intersection thereof with Austell Road in Land Lot
1214 of said District.
TRACT 16.
All of the right of way of Austell Road from the present
City limits in Land Lot 1304 of the 19th District, 2nd Section,
Cobb County, Georgia, to the intersection thereof with Perk-
erson Mill Road in Land Lot 1214 of said District.
GEORGIA LAWS 1985 SESSION
3641
TRACT 17.
All of the right of way of Sweetwater Lane, which lies
wholly within Land Lot 1287 of the 19th District, 2nd Sec-
tion, Cobb County, Georgia.
TRACT 18.
All that tract or parcel of land lying and being in Land
Lot 1214 of the 19th District, 2nd Section of Cobb County,
Georgia, and being Lots 5 and 6, Block A, Unit one, Section
Two, Wesley Heights Subdivision as per plat recorded in
Plat Book 25, page 93, Cobb County Records, and being more
particularly described as follows:
Beginning at the intersection of southeasterly side
of Austell Road and the south side of Leila Street which
is the northwest corner of Lot 6; running thence east
along the south side of Leila Street 163.32 feet to a point;
running thence south 184.3 feet to a point; running
thence west 35 feet to the northeast corner of said Lot
5; running thence southwesterly 105 feet; thence north-
westerly 190 feet to the southeasterly side of Austell
Road; running thence northeasterly along said Road 105
feet to the line dividing Lots 5 and Lot 6; continuing
thence northeasterly along the northwesterly side of Aus-
tell Road 125 feet to the point of beginning.
TRACT 19.
All that tract or parcel of land lying and being in Land
Lot 1214 of the 19th District, 2nd Section, Cobb County,
Georgia, and being more particularly described as follows:
Beginning at a point located on the northwesterly
side of Perkerson Mill Road 165.1 feet southwesterly
from the intersection thereof with the west side of Austell
Road, as measured along the northwesterly side of Perk-
erson Mill Road; running thence south 67 degrees 52
minutes 50 seconds west along the northwesterly side
of Perkerson Mill Road a distance of 175.6 feet; running
thence north 0 degrees 04 minutes 57 seconds west a
distance of 356.59 feet; running thence south 88 degrees
3642 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
07 minutes 50 seconds east a distance of 206.7 feet; run-
ning thence south 22 degrees 31 minutes 59 seconds west
a distance of 60 feet; running thence north 87 degrees
37 minutes 47 seconds west a distance of 10.95 feet; run-
ning thence south 34 degrees 57 minutes 48 seconds west
a distance of 47.7 feet; running thence south 05 degrees
22 minutes east a distance of 190.5 feet to the northwes-
terly side of Perkerson Mill Road at the point of begin-
ning.
TRACT 20.
All that tract or parcel of land lying and being in Land
Lot 1214 of the 19th District, 2nd Section, Cobb County,
Georgia, and being more particularly described as follows:
Beginning at the intersection of the northwest side
of Austell Road and the Southeast side of Perkerson Mill
Road, and running thence southwesterly along Austell
Road 353 feet; continuing thence southwesterly along
Austell Road 304.7 feet to a point located on the south
line of Land Lot 1214; running thence west along said
land lot line 31 feet to the southwest corner thereof; run-
ning thence north along the west line of Land Lot 1214
a distance of 344.91 feet to a point; continuing thence
north along said land lot line 144 feet to an iron pin
on the southeast side of Perkerson Mill Road; running
thence northeast along the southeast side of Perkerson
Mill Road 308.7 feet to the point of beginning.
Section 2. This Act shall become effective upon its ap-
proval 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 1985 Session of the General Assembly of Georgia, a
bill to amend the charter of the City of Austell, (Ga. L. 1929,
p. 852) as heretofore amended, and for other purposes.
GEORGIA LAWS 1985 SESSION
3643
This 4th day of January, 1985.
Roy E. Barnes
Haskew Brantley
Jim Tollison
Carl Harrison
Joe Mack Wilson
A. L. Burruss
Steve Thompson
Terry Lawler
Fred Aiken
Johnny Isakson
Bill Atkins
Frank Johnson
Tom Wilder
Bill Cooper
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 follow-
ing date: January 4, 1985.
/s/ Steve Thompson
Representative,
20th District
Sworn to and subscribed before me,
this 20th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 14, 1985.
3644 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CITY OF CHAMBLEE MAYOR AND COUNCILMEN;
TERMS; CITY ELECTIONS.
No. 57 (House Bill No. 44).
AN ACT
To amend an Act creating a new charter for the City of
Chamblee, approved March 28, 1935 (Ga. L. 1935, p. 976), as
amended, so as to provide for the terms of office for the mayor
and councilmen; to provide for elections; to provide for other
matters relative thereto; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act creating a new charter for the City of
Chamblee, approved March 28, 1935 (Ga. L. 1935, p. 976), as
amended, is amended by striking in their entirety Section 1
and Section 2 of Article 2 of said Act and inserting in lieu thereof
a new Section 1 and Section 2 to read as follows:
"Section 1. The mayor and councilmen in office on May
1, 1985, shall continue to serve until the expiration of the
terms of office to which they were elected and until their
successors are elected and qualified.
Section 2. (a) On the first Saturday in December, 1985,
a general municipal election shall be held for the purpose
of electing the mayor and two members of the council. The
mayor and councilmen elected at such election shall serve
for initial terms of office of three years and until their succes-
sors are elected and qualified. On the first Saturday in De-
cember, 1988, a general municipal election shall be held
for the purpose of electing the mayor and two members of
the council. The mayor and councilmen elected at such elec-
tion shall serve for terms of office of four years and until
their successors are elected and qualified. On the first Satur-
day in December, 1992, and every four years thereafter, a
general municipal election shall be held for the purpose of
electing the mayor and two members of the council. The
GEORGIA LAWS 1985 SESSION
3645
mayor and councilmen elected at such elections shall serve
for terms of office of four years and until their successors
are elected and qualified.
(b) On the first Saturday in December, 1986, a general
municipal election shall be held for the purpose of electing
three members of the council. The councilmen elected at
such election shall serve for terms of office of four years
and until their successors are elected and qualified. On the
first Saturday in December, 1990, and every four years there-
after, a general municipal election shall be held for the pur-
pose of electing three members of the council. The council-
men elected at such elections shall serve for terms of office
of four years and until their successors are elected and quali-
fied.
(c) The mayor and councilmen shall be eligible for re-
election regardless of the number of terms each may have
previously been elected to serve.
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 1985 session of the General Assembly of Georgia a bill
amending the Act creating a new charter for the City of Cham-
blee, approved March 28, 1935 (Ga. L. 1935, p. 976); and for
other purposes.
This 7th day of December, 1984.
Chesley Morton
Representative,
47th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Chesley V. Morton, Jr.,
who, on oath, deposes and says that he is Representative from
the 47th District, and that the attached copy of Notice of Inten-
3646 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
tion to Introduce Local Legislation was published in the Decatur
DeKalb News/Era which is the official organ of DeKalb County,
on the following date: 13th of December, 1984.
/s/ Chesley V. Morton, Jr.
Representative,
47th District
Sworn to and subscribed before me,
this 10th day of January, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 18, 1985.
RANDOLPH COUNTY DEPUTY SHERIFFS; EXPENSES
OF SHERIFFS OFFICE.
No. 58 (House Bill No. 52).
AN ACT
To amend an Act abolishing the mode of compensating the
sheriff of Randolph County known as the fee system and provid-
ing in lieu thereof an annual salary, approved March 30, 1965
(Ga. L. 1965, p. 2903), as amended, particularly by Acts approved
January 27, 1978 (Ga. L. 1978, p. 3025 and Ga. L. 1978, p. 3027),
so as to change provisions relating to the deputy sheriff; to pro-
vide that expenses of the sheriffs office shall be paid as provided
by general law; to repeal conflicting laws; and for other purposes.
GEORGIA LAWS 1985 SESSION
3647
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act abolishing the mode of compensating
the sheriff of Randolph County known as the fee system and
providing in lieu thereof an annual salary, approved March
30, 1965 (Ga. L. 1965, p. 2903), as amended, particularly by
Acts approved January 27, 1978 (Ga. L. 1978, p. 3025 and Ga.
L. 1978, p. 3027), 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 is authorized to appoint deputy
sheriffs to assist him in the performance of his duties, which
deputies shall serve at the pleasure of the sheriff. Each dep-
uty shall receive an annual salary as set by the sheriff and
approved by the county governing authority. Such salaries
shall be paid in equal monthly installments from funds of
the county.
Section 2. Said Act, as amended, particularly by an Act
approved January 27, 1978 (Ga. L. 1978, p. 3025), is further
amended by striking in its entirety Section 9 and inserting in
its place a new Section 9 to read as follows:
"Section 9. In addition to the salaries provided for in
this Act, the necessary and reasonable expenses for operat-
ing the sheriffs office and carrying out the sheriffs duties
shall be paid as provided by general law. All such expenses
shall be subject to such rules and regulations as may be
adopted by the county governing authority for the purposes
of accounting for, controlling, and regulating such ex-
penses.
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
1985 session of the General Assembly of Georgia a bill to amend
an Act abolishing the mode of compensating the sheriff of Ran-
dolph County known as the fee system and providing in lieu
thereof an annual salary, approved March 30,1965 (Ga. L. 1965,
p. 2903), as amended, particularly by Acts approved January
3648 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
27, 1978 (Ga. L. 1978, p. 3025 and Ga. L. 1978, p. 3027); and
for other purposes.
This 7th day of January, 1985.
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 Cuthbert
Times and News Record which is the official organ of Randolph
County, on the following date: January 10, 1985.
/s/ Gerald E. Greene
Representative,
130th District
Sworn to and subscribed before me,
this 14th day of January, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 18, 1985.
GEORGIA LAWS 1985 SESSION
3649
STEWART COUNTY DEPUTY SHERIFF;
COMPENSATION.
No. 59 (House Bill No. 53).
AN ACT
To amend an Act placing the sheriff of Stewart County on
a salary basis and relating to the sheriffs office, approved Febru-
ary 28, 1966 (Ga. L. 1966, p. 2573), as amended, particularly
by an Act approved April 12, 1982 (Ga. L. 1982, p. 4512), so
as to change the provisions for compensation of the deputy sher-
iff; to provide 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 Stewart County
on a salary basis and relating to the sheriffs office, approved
February 28, 1966 (Ga. L. 1966, p. 2573), as amended, particu-
larly by an Act approved April 12, 1982 (Ga. L. 1982, p. 4512),
is amended by striking in its entirety Section 4 and inserting
in its place a new Section 4 to read as follows:
"Section 4. The sheriff shall have the authority, upon
approval of the governing authority of the county, to appoint
a deputy who shall be compensated in an amount fixed by
the county governing authority, but not less than $9,600.00
as a starting base salary per year. The deputy sheriff shall
receive a raise in salary in each year that employees of the
county receive a raise. The deputys compensation shall be
payable in equal monthly installments from the funds of
Stewart County. The sheriff shall also have the authority
to appoint extra deputies or other personnel as he shall deem
necessary to efficiently and effectively discharge the official
duties of his office. However, the governing authority of said
county shall approve such deputies or other personnel and
shall fix their compensation. It shall be within the sole power
and authority of the sheriff, during his term of office, to des-
ignate and name the person or persons who shall be employed
as such deputy, extra deputies, or other personnel and to pre-
scribe their duties and assignments and to remove or replace
any of such employees at will and within his sole discretion.
3650 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2. This Act shall become effective July 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
1985 session of the General Assembly of Georgia a bill to amend
an Act placing the sheriff of Stewart County on a salary basis
and relating to the sheriffs office, approved February 28, 1966
(Ga. L. 1966, p. 2573), as amended, particularly by an Act ap-
proved April 12, 1982 (Ga. L. 1982, p. 4512); and for other pur-
poses.
This 7th day of January, 1985.
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 10, 1985.
/s/ Gerald E. Greene
Representative,
130th District
Sworn to and subscribed before me,
this 14th day of January, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 18, 1985.
GEORGIA LAWS 1985 SESSION
3651
LOWNDES COUNTY LICENSE TAXES ON BUSINESSES;
LOCAL CONSTITUTIONAL AMENDMENT CONTINUED.
No. 60 (House Bill No. 102).
AN ACT
To continue in force and effect as a part of the Constitution
of the State of Georgia that constitutional amendment which
was proposed by Resolution Act No. 153 of the 1982 General
Assembly and which was duly ratified at the 1982 general elec-
tion (Ga. L. 1982, p. 2593), and which relates to the authority
of the board of commissioners of Lowndes County to regulate
and impose license taxes on persons, firms, and corporations
doing business in the unincorporated area of the county; to pro-
vide for related matters; to provide the authority for this Act;
to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. That constitutional amendment which was pro-
posed by Resolution Act No. 153 of the 1982 General Assembly
and which was duly ratified at the 1982 general election (Ga.
L. 1982, p. 2593), and which relates to the authority of the board
of commissioners of Lowndes County to regulate and impose
license taxes on persons, firms, and corporations doing business
in the unincorporated area of the county, shall not be repealed
or deleted on July 1, 1987, as a part of the Constitution of the
State of Georgia but is specifically continued in force and effect
on and after that date as a part of the Constitution of the State
of Georgia.
Section 2. This Act is passed pursuant to Article XI, Sec-
tion I, Paragraph IV of the Constitution of the State of Georgia
which authorizes the continuation of certain amendments to
the Constitution.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
3652 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
1985 session of the General Assembly of Georgia a bill to con-
tinue in force and effect as a part of the Constitution of Georgia
that constitutional amendment which was proposed by Resolu-
tion Act No. 153 of the 1982 General Assembly and which was
duly ratified at the 1982 general election (Ga. L. 1982, p. 2593),
and which relates to the authority of the board of commissioners
of Lowndes County, to regulate and impose license taxes on
persons, firms, and corporations doing business in the unincorpo-
rated area of the county; to provide for related matters; and
for other purposes.
This 4th day of January, 1985.
James M. Beck
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, James M. Beck, who, on
oath, deposes and says that he is Representative from the 148th
District, and that the attached copy of Notice of Intention to
Introduce Local Legislation was published in the Valdosta Daily
Times which is the official organ of Lowndes County, on the
following date: January 4, 1985.
/s/ James M. Beck
Representative,
148th District
Sworn to and subscribed before me,
this 14th day of January, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 18, 1985.
GEORGIA LAWS 1985 SESSION
3653
CITY OF VALDOSTA HOMESTEAD EXEMPTIONS FROM
AD VALOREM TAXES; LOCAL CONSTITUTIONAL
AMENDMENT CONTINUED.
No. 61 (House Bill No. 103).
AN ACT
To continue in force and effect as a part of the Constitution
of the State of Georgia that constitutional amendment which
was proposed by Resolution Act No. 246 of the 1980 General
Assembly and which was duly ratified at the 1980 general elec-
tion (Ga. L. 1980, p. 2273), and which relates to exemption of
the homesteads of residents of the City of Valdosta from ad
valorem taxation imposed by the City of Valdosta; to provide
for related matters; to provide the authority for this Act; to
repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. That constitutional amendment which was pro-
posed by Resolution Act No. 246 of the 1980 General Assembly
and which was duly ratified at the 1980 general election (Ga.
L. 1980, p. 2273), and which relates to exemption of the home-
steads of residents of the City of Valdosta from ad valorem
taxation imposed by the City of Valdosta, shall not be repealed
or deleted on July 1, 1987, as a part of the Constitution of the
State of Georgia but is specifically continued in force and effect
on and after that date as a part of the Constitution of the State
of Georgia.
Section 2. This Act is passed pursuant to Article XI, Sec-
tion I, Paragraph IV of the Constitution of the State of Georgia
which authorizes the continuation of certain amendments to
the 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 regular
1985 session of the General Assembly of Georgia a bill to con-
3654 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
tinue in force and effect as a part of the Constitution of Georgia
that constitutional amendment which was proposed by Resolu-
tion Act No. 246 of the 1980 General Assembly and which was
duly ratified at the 1980 general election (Ga. L. 1980, p. 2273),
and which relates to exemption of the homesteads of residents
of the City of Valdosta from ad valorem taxation imposed by
the City of Valdosta; to provide for related matters; and for
other purposes.
This 4th day of January, 1985.
James M. Beck
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, James M. Beck, who, on
oath, deposes and says that he is Representative from the 148th
District, and that the attached copy of Notice of Intention to
Introduce Local Legislation was published in the Valdosta Daily
Times which is the official organ of Lowndes County, on the
following date: January 4, 1985.
/s/ James M. Beck
Representative,
148th District
Sworn to and subscribed before me,
this 14th day of January, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 18, 1985.
GEORGIA LAWS 1985 SESSION
3655
LOWNDES COUNTY HOMESTEAD EXEMPTIONS FROM
AD VALOREM TAXES; LOCAL CONSTITUTIONAL
AMENDMENT CONTINUED.
No. 62 (House Bill No. 104).
AN ACT
To continue in force and effect as a part of the Constitution
of the State of Georgia that constitutional amendment which
was proposed by Resolution Act No. 224 of the 1980 General
Assembly and which was duly ratified at the 1980 general elec-
tion (Ga. L. 1980, p. 2207), and which relates to exemption of
the homesteads of residents of Lowndes County from ad valorem
taxation for county and school purposes; to provide for related
matters; to provide the authority for this Act; to repeal conflict-
ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. That constitutional amendment which was pro-
posed by Resolution Act No. 224 of the 1980 General Assembly
and which was duly ratified at the 1980 general election (Ga.
L. 1980, p. 2207), and which relates to exemption of the home-
steads of residents of Lowndes County from ad valorem taxation
for county and school purposes, shall not be repealed or deleted
on July 1, 1987, as a part of the Constitution of the State of
Georgia but is specifically continued in force and effect on and
after that date as a part of the Constitution of the State of
Georgia.
Section 2. This Act is passed pursuant to Article XI, Sec-
tion I, Paragraph IV of the Constitution of the State of Georgia
which authorizes the continuation of certain amendments to
the 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 regular
1985 session of the General Assembly of Georgia a bill to con-
3656 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
tinue in force and effect as a part of the Constitution of Georgia
that constitutional amendment which was proposed by Resolu-
tion Act No. 224 of the 1980 General Assembly and which was
duly ratified at the 1980 general election (Ga. L. 1980, p. 2207),
and which relates to exemption of the homesteads of residents
of Lowndes County from ad valorem taxation for county and
school purposes; to provide for related matters; and for other
purposes.
This 4th day of January, 1985.
James M. Beck
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, James M. Beck, who, on
oath, deposes and says that he is Representative from the 148th
District, and that the attached copy of Notice of Intention to
Introduce Local Legislation was published in the Valdosta Daily
Times which is the official organ of Lowndes County, on the
following date: January 4, 1985.
/s/ James M. Beck
Representative,
148th District
Sworn to and subscribed before me,
this 14th day of January, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 18, 1985.
GEORGIA LAWS 1985 SESSION
3657
LOWNDES COUNTY ASSESSMENTS FOR STREET
IMPROVEMENTS; LOCAL CONSTITUTIONAL
AMENDMENT CONTINUED.
No. 63 (House Bill No. 105).
AN ACT
To continue in force and effect as a part of the Constitution
of the State of Georgia that constitutional amendment which
was proposed by Resolution Act No. 163 of the 1978 General
Assembly and which was duly ratified at the 1978 general elec-
tion (Ga. L. 1978, p. 2446), and which relates to provision of
and assessment by Lowndes County against owners of abutting
property for costs of streets, roads, curbs, gutters, drainage,
streetlights, and sidewalks; to provide for related matters; to
provide the authority for this Act; to repeal conflicting laws;
and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. That constitutional amendment which was pro-
posed by Resolution Act No. 163 of the 1978 General Assembly
and which was duly ratified at the 1978 general election (Ga.
L. 1978, p. 2446), and which relates to provision of and assess-
ment by Lowndes County against owners of abutting property
for costs of streets, roads, curbs, gutters, drainage, streetlights,
and sidewalks, shall not be repealed or deleted on July 1, 1987,
as a part of the Constitution of the State of Georgia but is specifi-
cally continued in force and effect on and after that date as a
part of the Constitution of the State of Georgia.
Section 2. This Act is passed pursuant to Article XI, Sec-
tion I, Paragraph IV of the Constitution of the State of Georgia
which authorizes the continuation of certain amendments to
the Constitution.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
3658 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
1985 session of the General Assembly of Georgia a bill to con-
tinue in force and effect as a part of the Constitution of Georgia
that constitutional amendment which was proposed by Resolu-
tion Act No. 163 of the 1978 General Assembly and which was
duly ratified at the 1978 general election (Ga. L. 1978, p. 2446),
and which relates to provision of and assessment by Lowndes
County against owners of abutting property for costs of streets,
roads, curbs, gutters, drainage, streetlights, and sidewalks; to
provide for related matters; and for other purposes.
This 4th day of January, 1985.
James M. Beck
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, James M. Beck, who, on
oath, deposes and says that he is Representative from the 148th
District, and that the attached copy of Notice of Intention to
Introduce Local Legislation was published in the Valdosta Daily
Times which is the official organ of Lowndes County, on the
following date: January 4, 1985.
/s/ James M. Beck
Representative,
148th District
Sworn to and subscribed before me,
this 14th day of January, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 18, 1985.
GEORGIA LAWS 1985 SESSION
3659
LOWNDES COUNTY ITINERANT PEDDLERS, VENDORS,
AND TRADESMEN; LICENSES; LOCAL CONSTITUTIONAL
AMENDMENT CONTINUED.
No. 64 (House Bill No. 106).
AN ACT
To continue in force and effect as a part of the Constitution
of the State of Georgia that constitutional amendment which
was proposed by Resolution Act No. 101 of the 1978 General
Assembly and which was duly ratified at the 1978 general elec-
tion (Ga. L. 1978, p. 2333), and which relates to the authority
of the board of commissioners of Lowndes County to license
and regulate itinerant peddlers and vendors and other trades-
men; to provide for related matters; to provide the authority
for this Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. That constitutional amendment which was pro-
posed by Resolution Act No. 101 of the 1978 General Assembly
and which was duly ratified at the 1978 general election (Ga.
L. 1978, p. 2333), and which relates to the authority of the board
of commissioners of Lowndes County to license and regulate
itinerant peddlers and vendors and other tradesmen, shall not
be repealed or deleted on July 1,1987, as a part of the Constitu-
tion of the State of Georgia but is specifically continued in force
and effect on and after that date as a part of the Constitution
of the State of Georgia.
Section 2. This Act is passed pursuant to Article XI, Sec-
tion I, Paragraph IV of the Constitution of the State of Georgia
which authorizes the continuation of certain amendments to
the 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 regular
1985 session of the General Assembly of Georgia a bill to con-
3660 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
tinue in force and effect as a part of the Constitution of Georgia
that constitutional amendment which was proposed by Resolu-
tion Act No. 101 of the 1978 General Assembly and which was
duly ratified at the 1978 general election (Ga. L. 1978, p. 2333),
and which relates to the authority of the board of commissioners
of Lowndes County to license and regulate itinerant peddlers
and vendors and other tradesmen; to provide for related matters;
and for other purposes.
This 4th day of January, 1985.
James M. Beck
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, James M. Beck, who, on
oath, deposes and says that he is Representative from the 148th
District, and that the attached copy of Notice of Intention to
Introduce Local Legislation was published in the Valdosta Daily
Times which is the official organ of Lowndes County, on the
following date: January 4, 1985.
/s/ James M. Beck
Representative,
148th District
Sworn to and subscribed before me,
this 14th day of January, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 18, 1985.
GEORGIA LAWS 1985 SESSION
3661
LOWNDES COUNTY AD VALOREM TAX EXEMPTION
FOR REAL PROPERTY OF HISTORICAL INTEREST; LOCAL
CONSTITUTIONAL AMENDMENT CONTINUED.
No. 65 (House Bill No. 107).
AN ACT
To continue in force and effect as a part of the Constitution
of the State of Georgia that constitutional amendment which
was proposed by Resolution Act No. 25 of the 1975 General
Assembly and which was duly ratified at the 1976 general elec-
tion (Ga. L. 1975, p. 1702), and which relates to exemption from
ad valorem taxation of certain real property of historical inter-
est located within Lowndes County; to provide for related mat-
ters; to provide the authority for this Act; to repeal conflicting
laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. That constitutional amendment which was pro-
posed by Resolution Act No. 25 of the 1975 General Assembly
and which was duly ratified at the 1976 general election (Ga.
L. 1975, p. 1702), and which relates to exemption from ad valo-
rem taxation of certain real property of historical interest lo-
cated within Lowndes County, shall not be repealed or deleted
on July 1, 1987, as a part of the Constitution of the State of
Georgia but is specifically continued in force and effect on and
after that date as a part of the Constitution of the State of
Georgia.
Section 2. This Act is passed pursuant to Article XI, Sec-
tion I, Paragraph IV of the Constitution of the State of Georgia
which authorizes the continuation of certain amendments to
the 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 regular
1985 session of the General Assembly of Georgia a bill to con-
3662 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
tinue in force and effect as a part of the Constitution of Georgia
that constitutional amendment which was proposed by Resolu-
tion Act No. 25 of the 1975 General Assembly and which was
duly ratified at the 1976 general election (Ga. L. 1975, p. 1702),
and which relates to exemption from ad valorem taxation of
certain real property of historical interest located within
Lowndes County; to provide for related matters; and for other
purposes.
This 4th day of January, 1985.
James M. Beck
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, James M. Beck, who, on
oath, deposes and says that he is Representative from the 148th
District, and that the attached copy of Notice of Intention to
Introduce Local Legislation was published in the Valdosta Daily
Times which is the official organ of Lowndes County, on the
following date: January 4, 1985.
/s/ James M. Beck
Representative,
148th District
Sworn to and subscribed before me,
this 14th day of January, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 18, 1985.
GEORGIA LAWS 1985 SESSION
3663
LOWNDES COUNTY AND CITY OF VALDOSTA ,
COMBINED REVENUE AND TAX ADMINISTRATIONS;
LOCAL CONSTITUTIONAL AMENDMENT CONTINUED.
No. 66 (House Bill No. 108).
AN ACT
To continue in force and effect as a part of the Constitution
of the State of Georgia that constitutional amendment which
was proposed by Resolution Act No. 149 of the 1974 General
Assembly and which was duly ratified at the 1974 general elec-
tion (Ga. L. 1974, p. 1715), and which relates to combination
of the revenue and tax administrations of Lowndes County and
the City of Valdosta; to provide for related matters; to provide
the authority for this Act; to repeal conflicting laws; and for
other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. That constitutional amendment which was pro-
posed by Resolution Act No. 149 of the 1974 General Assembly
and which was duly ratified at the 1974 general election (Ga.
L. 1974, p. 1715), and which relates to combination of the reve-
nue and tax administrations of Lowndes County and the City
of Valdosta; shall not be repealed or deleted on July 1, 1987,
as a part of the Constitution of the State of Georgia but is specifi-
cally continued in force and effect on and after that date as a
part of the Constitution of the State of Georgia.
Section 2. This Act is passed pursuant to Article XI, Sec-
tion I, Paragraph IV of the Constitution of the State of Georgia
which authorizes the continuation of certain amendments to
the 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 regular
1985 session of the General Assembly of Georgia a bill to con-
3664 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
tinue in force and effect as a part of the Constitution of Georgia
that constitutional amendment which was proposed by Resolu-
tion Act No. 149 of the 1974 General Assembly and which was
duly ratified at the 1974 general election (Ga. L. 1974, p. 1715),
and which relates to combination of the revenue and tax admin-
istrations of Lowndes County and the City of Valdosta; to provide
for related matters; and for other purposes.
This 4th day of January, 1985.
James M. Beck
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, James M. Beck, who, on
oath, deposes and says that he is Representative from the 148th
District, and that the attached copy of Notice of Intention to
Introduce Local Legislation was published in the Valdosta Daily
Times which is the official organ of Lowndes County, on the
following date: January 4, 1985.
/s/ James M. Beck
Representative,
148th District
Sworn to and subscribed before me,
this 14th day of January, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 18, 1985.
GEORGIA LAWS 1985 SESSION
3665
CITY OF THOMASTON MAYOR AND COUNCIL;
ELECTIONS; QUALIFICATIONS.
No. 67 (House Bill No. 131).
AN ACT
To amend an Act establishing a new charter for the City
of Thomaston, Georgia, approved March 15, 1933 (Ga. L. 1933,
p. 1070), as amended, so as to change the provisions relating
to the election of the mayor and council; to provide for election
districts; to provide for terms of office and certain qualifications
of the mayor and council; to repeal conflicting laws; and for
other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA; and it is hereby enacted by virtue of the authority
thereof, as follows:
Section H An Act establishing a new charter for the City
of Thomaston, Georgia, approved March 15, 1933 (Ga. L. 1933,
p. 1070), as amended, is amended by striking Section 6 in its
entirety and inserting in lieu thereof a new Section 6 to read
as follows:
"Section 6. The elected officers of said City shall consist
of a mayor and five councilmembers.
(a) One of said councilmembers shall be elected from
the entire City, at-large, and shall serve as the mayor pro
tempore.
(b) One councilmember shall be elected from each of
the following described election districts:
ELECTION DISTRICT NO. 1: Beginning at the
point of intersection of the center line of Triune Mill
Road with an extension southerly, in a straight line, of
the center line of Holstun Drive and run thence westerly
along the center line of Triune Mill Road to the point
where said center line would intersect with an extension
southerly, in a straight line, of the center line of Glendale
3666 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Road; thence northerly along said extension of the center
line of Glendale Road and continuing thence northerly
along the center line of Glendale Road to the point of
intersection of the center line of Glendale Road with
the center line of East Main Street; thence westerly along
the center line of East Main Street to the point of inter-
section of the center line of East Main Street with the
center line of North Bethel Street; thence northerly
along the center line of North Bethel Street to the point
of intersection of the center line of North Bethel Street
with the center line of East Walker Street; thence west-
erly along the center line of East Walker Street to the
point of intersection of the center line of East Walker
Street with the center line of North Center Street; thence
northerly along the center line of North Center Street
to the point where it would intersect with an extension
southerly (in a straight line) of the center line of Short
E Street; thence northerly along the center line of Short
E Street to the point where it would intersect with an
extension westerly (in a straight line) of the center line
of Adams Street; thence easterly along the center line
of Adams Street to the west boundary of North Bethel
Street; thence southeasterly, in a straight line, to the
point where the center line of South Main Street inter-
sects the east boundary of North Bethel Street; thence
easterly, along the center line of South Main Street to
the center line of the Central of Georgia Railroad track,
(which point is the point where South Main Street be-
comes known as Mill Avenue); thence southerly along
the center line of Mill Avenue to the center line of an-
other branch of the Central of Georgia Railroad track;
thence southwesterly along the center line of said rail-
road track to the point of intersection of the center line
of Park Lane; thence southeasterly along the center line
of Park Lane to the northwest side of Barnesville Street,
and continuing thence, in a straight line, along an exten-
sion southeasterly of the center line of Park Lane to
the center line of Barnesville Street; thence southwes-
terly along the center line of Barnesville Street to the
point where said center line would intersect with an ex-
tension northwesterly, in a straight line, of the center
line of Avenue L; thence southeasterly along said exten-
sion of the center line of Avenue L and continuing south-
GEORGIA LAWS 1985 SESSION
3667
easterly along the center line of Avenue L to the north
side of East Main Street (State Route No. 74), and contin-
uing southerly, in a straight line, along an extension
of the center line of Avenue L to the center line of East
Main Street; thence easterly along the center line of East
Main Street to the corporate limit line of the City of
Thomaston; thence southerly, in a clockwise direction,
along the corporate limit line of the City of Thomaston
to the north side of Triune Mill Road; thence westerly
along the north side of Triune Mill Road and following
said corporate limit line to the point where said corporate
limit line turns southerly and crosses Triune Mill Road;
thence continuing along said corporate limit line south-
erly across Triune Mill Road to the northwest corner
of Tract 'A shown on that plat of record in Plat Book
7, page 202, Clerks Office, Superior Court, Upson County,
Georgia, which said plat, as so recorded, is incorporated
herein by this reference; thence easterly along the north
line of said Tract 'A (which is the corporate limit line
of the City of Thomaston) to the northeast corner thereof;
thence southerly along the east line of said Tract 'A
(which is the corporate limit line of the City of Thom-
aston), and thence continuing, in a clockwise direction,
along the corporate limit line of the City of Thomaston
to the south side of Triune Mill Road; thence westerly
along the south side of Triune Mill Road (which is the
corporate limit line of the City of Thomaston) to the east
boundary of the tract of land shown on that certain plat
of record in Plat Book 10, page 10, said Clerks Office,
which plat, as so recorded, is incorporated herein by this
reference; thence northerly along the east line of said
tract of land to the center line of Triune Mill Road; thence
westerly along the center line of Triune Mill Road to
the point where the center line of Triune Mill Road would
intersect with an extension southerly, in a straight line,
of the center line of Holstun Drive, which is the point
of beginning.
ELECTION DISTRICT NO. 2: Beginning at the
point of intersection of the center line of State Route
74 East (East Main Street) with the eastern boundary
of the corporate limit line of the City of Thomaston and
run thence counterclockwise, in a generally northerly
3668 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
and westerly direction, along said corporate limit line
to the center line of U. S. Highway 19 North (which is
also known as North Church Street); thence southerly,
along the center line of said North Church Street to the
point of intersection of said center line with the center
line of North Center Street; thence southeasterly along
the center line of North Center Street to the point where
an extension southerly (in a straight line) of the center
line of Short E Street would intersect the center line
of North Center Street; thence northerly along said ex-
tension southerly of the center line of Short 'E Street
and along the center line of Short E Street to the point
where an extension westerly (in a straight line) of the
center line of Adams Street would intersect the center
line of Short E Street; thence easterly along said extern
sion of the center line of Adams Street and along the
center line of Adams Street to the west side of North
Bethel Street; thence southeasterly, in a straight line,
across North Bethel Street to the point where the center
line of South Main Street intersects the east side of North
Bethel Street; thence easterly along the center line of
South Main Street to the center line of the Central of
Georgia railroad track (which is the point where South
Main Street becomes known as Mill Avenue); thence
southerly along the center line of Mill Avenue to the
center line of another branch of the Central of Georgia
railroad tract; thence southwesterly along the center line
of said railroad tract to the point of intersection of the
center line of Park Lane; thence southeasterly along the
center line of Park Lane to the northwest side of Barnes-
ville Street, and continuing thence, in a straight line,
along an extension southeasterly of the center line of
Park Lane to the center line of Barnesville Street; thence
southwesterly along the center line of Barnesville Street
to the point where an extension northwesterly, in a
straight line, of the center line of Avenue L would inter-
sect with the center line of Barnesville Street; thence
southeasterly along said extension of the center line of
Avenue L, and continuing southeasterly along the center
line of Avenue L to the north side of East Main Street
(State Route No. 74), and continuing southerly, in a
straight line, along an extension of the center line of
Avenue L to the point of intersection of the center line
GEORGIA LAWS 1985 SESSION
3669
of East Main Street; thence easterly along the center
line of East Main Street (State Route No. 74) to the east-
ern corporate limit line of the City of Thomaston and
the point of beginning.
ELECTION DISTRICT NO. 3: Beginning at the
point of intersection of the center line of South Green
Street (State Route 36 West) with the western corporate
limit line of the City of Thomaston and run thence in
a clockwise direction (being in a generally northerly di-
rection) to the point of intersection of said corporate limit
line with the center line of North Church Street (U. S.
Highway 19 North); thence southerly along the center
line of said North Church Street to the point of intersec-
tion of the center line of North Church Street with the
center line of North Center Street; thence southerly
along the center line of North Center Street to the inter-
section of the center line of North Center Street with
the center line of Walker Street; thence easterly along
the center line of East Walker Street to the point of
intersection of the center line of East Walker Street with
the center line of North Bethel Street; thence southerly
along the center line of North Bethel Street to the point
of intersection of the center line of North Bethel Street
with the center line of East Main Street; thence westerly
along the center line of East Main Street to the point
of intersection of the center line of East Main Street
with the center line of Church Street; thence southerly
along the center line of Church Street to the point of
intersection of the center line of Church Street with the
center line of Gordon Street; thence westerly along the
center line of West Gordon Street to the point of intersec-
tion of the center line of West Gordon Street with the
center line of Cherokee Road; thence southerly along
the center line of Cherokee Road to the northwesterly
side of South Green Street, and continuing thence south-
easterly, in a straight line, along an extension of the
center line of Cherokee Road to the center line of South
Green Street; and thence westerly along the center line
of South Green Street to the western corporate limit line
of the City of Thomaston and the point of beginning.
ELECTION DISTRICT NO. 4: Beginning at the
point of intersection of the center line of Cherokee Road
3670 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
with the center line of the West Gordon Street branch
of State Route No. 74; and run thence easterly along
the center line of West Gordon Street to the point of
intersection of the center line of West Gordon Street
with the center line of Church Street; thence north along
the center line of Church Street to the point of intersec-
tion of the center line of Church Street with the center
line of Main Street; thence easterly along the center line
of Main Street and East Main Street to the point of inter-
section of the center line of East Main Street with the
center line of Glendale Road; thence southerly along the
center line of Glendale Road and along an extension
southerly, in a straight line, of the center line of Glendale
Road to the point where such extension southerly inter-
sects with the center line of Triune Mill Road; thence
easterly along the center line of Triune Mill Road to
the northeast corner of the tract of land delineated on
that certain plat, a copy of which is of record in Plat
Book 10, page 10, Clerks Office, Superior Court, Upson
County, Georgia, which said plat, as so recorded, is incor-
porated herein in aid of this description (which corner
is approximately 325 feet, as measured along the center
line of Triune Mill Road, from the point where an exten-
sion southerly, in a straight line, of the center line of
Holstun Drive would intersect the center line of Triune
Mill Road); thence, in a clockwise direction, along the
southeasterly, southerly and southwesterly corporate
limit line of the City of Thomaston to the point of inter-
section of the corporate limit line of the City of Thom-
aston with the center line of South Green Street (State
Route 36-West); thence easterly along the center line of
South Green Street to the point of intersection of said
center line with an extension southeasterly, in a straight
line, of the center line of Cherokee Road; thence north-
westerly along said extension of the center line of Cher-
okee Road, and continuing northwesterly along the cen-
ter line of Cherokee Road to the point of intersection
of the center line of Cherokee Road with the center line
of West Gordon Street and the point of beginning.
(c) Only the electors resident in a district shall have
the right to vote in the election for the councilmember from
that district, and all of the electors of said City shall have
the right to vote on the councilmember at-large.
GEORGIA LAWS 1985 SESSION
3671
(d) At the municipal election to be held in 1985, there
shall be elected a mayor, to serve for a term of two years.
Thereafter, successors to 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 serve
for a term of two years. There shall also be elected at said
1985 election two councilmembers, one of whom shall be
elected from Election District 1 to serve for a term of two
years and one of whom shall be elected from Election District
4 for an initial term of one year. Thereafter, successors to
the members of the council elected from Election Districts
1 and 4 shall be elected at the regular municipal election
which is held immediately preceding the expiration of the
terms of office and shall serve for terms of two years.
(e) At the municipal election to be held in 1986, there
shall be elected three councilmembers, one of whom shall
be elected from Election District 2 for an initial term of
one year, one of whom shall be elected from Election District
3 to serve for a term of two years, and the third of whom
shall be elected at-large to serve for a term of two years.
Thereafter, successors to the members of the council elected
from Election Districts 2 and 3 and from the city at-large
shall be elected at the regular municipal election which is
held immediately preceding the expiration of the terms of
office and shall serve for terms of two years.
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. Any person who is twenty-one years of age
on the date of the election, who has been a bona fide resident
of the City of Thomaston for 12 months prior to said date,
and who is an elector of said City, shall be eligible to hold
the office of mayor or councilmember of said City. Any person
seeking the office of councilmember from any one of the
districts described in Section 6 of this Charter must be a
bona fide resident of said district on the date such person
qualifies to seek said office and on the date of the commence-
ment of the term for which such person is elected. Should
the mayor or any councilmember, during the term of office
for which such person has been elected, cease to be a bona
fide resident of the City of Thomaston, the office to which
such person has been elected shall become vacant.
3672 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 1985 session of the General Assembly of Georgia a Bill
to amend the Act creating a new Charter for the City of Thom-
aston, approved March 15, 1933, (Ga. L. 1933, p. 1070 et seq.),
as amended so as to provide for election districts; to provide
for the election of the mayor and council; to provide for their
terms of office and certain qualifications; to repeal conflicting
laws; and for other purposes.
This second day of January, 1985.
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 follow-
ing date: January 9, 1985.
/s/ Marvin Adams
Representative,
79th District
Sworn to and subscribed before me,
this 14th day of January, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 18, 1985.
GEORGIA LAWS 1985 SESSION
3673
CITY OF DAMASCUS NEW CHARTER.
No. 68 (House Bill No. 135);
AN ACT
To create a new charter for the City of Damascus, Georgia;
to provide for the incorporation, powers, and boundaries of said
city; to provide for the governing authority; to provide for the
mayor and city council; to provide for administration; to provide
for a recorders 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 gen-
eral provisions; to provide for other matters relative thereto;
to provide for specific repeal; 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 Damascus, repealing and replacing
the charter created by an Act of the General Assembly, approved
December 6, 1900 (Ga. L. 1900, p. 303), as amended by an Act
approved December 17, 1901 (Ga. L. 1901, p. 471), and an Act
approved August 11, 1914 (Ga. L. 1914, p. 932). The City of
Damascus, Georgia, in the County of Early, and the inhabitants
thereof, are constituted and declared a body politic and corpo-
rate under the same name and style of Damascus, 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 corporate
boundaries of the city shall extend three-fourths of a mile in
every direction from the middle of the intersection of Georgia
State Route 200 and the Seaboard Railroad in said city. The
current boundaries of the City of Damascus, at all times, shall
3674 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
be shown on a map to be retained permanently in the office
of city clerk and to be designated: "City of Damascus, Georgia.
Alteration in these boundaries shall be indicated by appropriate
entries upon or additions to such map. Such entries or additions
shall be made by or under the directions of the council. Photo-
graphic 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. Specific powers. The corporate powers of the
government of the City of Damascus, to be exercised by the
governing authority, may include the following:
(1) To levy and to provide for the assessment, valua-
tion, 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 pro-
fessions; to license and regulate such privileges, occupa-
tions, trades, and professions; and to provide for the man-
ner 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 Act and for
any purpose for which a municipality is authorized by
the laws of the State of Georgia; and to provide for the
payment of expenses of the city;
(4) To appropriate and borrow money for the pay-
ment of debts of the city and to issue bonds to raise reve-
nue for any project, program, or venture authorized by
this Act or the general laws of the State of Georgia;
(5) To acquire, dispose of, and hold in trust or other-
wise any real, personal, or mixed property in fee simple
or lesser interest inside or outside the property limits
of the city;
GEORGIA LAWS 1985 SESSION
3675
(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 for present or future use
located inside or outside the corporate limits of the city
for any corporate purpose deemed necessary by the gov-
erning authority as provided by law;
(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, trans-
portation facilities, public airports, and any other public
utility; to fix the taxes, charges, rates, fares, fees, assess-
ments, 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 30
years; and to prescribe the rates, fares, regulations, stan-
dards, and conditions of service applicable to the service
to be provided by the franchise grantee or contractor
insofar as not in conflict with such regulations of the
Public Service Commission;
(10) To lay out, open, extend, widen, narrow, estab-
lish, change the grade of, abandon, close, construct, pave,
curb, gutter, adorn with shade trees, or otherwise im-
prove, 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
of the city 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, cemeter-
ies, markets and market houses, public buildings, librar-
ies, sewers, drains, sewerage treatment, airports, hospi-
3676 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
tals, and charitable, cultural, educational, recreational,
conservational, 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 as provided by law;
(13) To require real estate owners to repair and main-
tain 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 main-
tenance 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 li-
cense the construction and erection of buildings and all
other structures;
(15) To provide for the prevention and punishment
of riots and public disturbances;
(16) To regulate or control junk dealers and pawn
shops; the manufacture, sale, or transportation of intoxi-
cating liquors; the use and sale of firearms; the transpor-
tation, 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,
itinerant trades, theatrical performances, exhibitions
and shows of any kind whatsoever by taxation or other-
wise;
(18) To license, tax, regulate, and control 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 struc-
tures or obstructions upon or adjacent to the rights of
GEORGIA LAWS 1985 SESSION
3677
way of streets and roads or within view thereof, within
or abutting the corporate limits of the city; and to pre-
scribe 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 ex-
haust 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 be or might
become dangerous or detrimental to the public;
(24) To provide for the collection and disposal of gar-
bage, rubbish, and refuse; to regulate the collection and
disposal of garbage, rubbish, and refuse by others; to pro-
vide 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 ser-
vice charge, tax, or fee, for such services as may be neces-
sary in the operation of the city, from all individuals,
firms, and corporations residing in or doing business in
the city and benefiting from such services; to enforce
the payment of such charges, taxes, or fees; and to provide
for the manner and method of collecting such service
charges;
(26) To levy a fee, charge, or sewer tax as necessary
to assure the acquiring, constructing, equipping, operat-
ing, maintaining and extending of a sewage disposal
plant and sewerage system; to levy on the users of sewers
and the sewerage system a sewer service charge or sewer
3678 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
tax for the use of the sewers; and to provide for the man-
ner 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, prac-
tice, 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 abate-
ment, whether on public or private property;
(30) To provide for the preservation and protection
of property and equipment of the city and the administra-
tion and use of same by the public; and to prescribe penal-
ties and punishment for violations thereof;
(31) To establish minimum standards for and to regu-
late building construction and repair, electrical wir-
ing and equipment, gas installation and equipment,
plumbing, and housing for the health, sanitation, clean-
liness, welfare, and safety of inhabitants of the city; and
to provide for the enforcement of such standards;
(32) To provide that persons given jail sentences in
the recorders court may work out such sentences in any
public works or on the streets, roads, drains, and squares
in the city; or to provide for 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 pre-
vention of loitering, disorderly conduct, and disturbing
the peace in the corporate limits of the city; to prohibit
the playing of lotteries therein; and to prohibit or regu-
late by ordinance such other conduct and activities
within the city which, while not constituting offenses
GEORGIA LAWS 1985 SESSION
3679
against the laws of this state, are deemed by the govern-
ing authority of the city to be detrimental and offensive
to the peace and good order of the city or to the welfare
of the citizens thereof;
(34) To regulate and license or prohibit the keeping
or running-at-large of animals and fowl; to provide for
the impoundment of same if in violation of any ordi-
nance; to provide for their disposition by sale, gift, or
humane destruction when not redeemed as provided by
ordinance; and to provide punishment for violation of
any ordinance enacted hereunder;
(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 ways for the use of such vehicles;
(37) To provide and maintain a system of pensions
and retirement for officers and employees of the city;
(38) To levy and provide for the collection of special
assessments to cover the costs of any public improve-
ments;
(39) To enter into contracts and agreements with
other governmental entities and with private persons,
firms, and corporations providing for services to be fur-
nished and payments to be made therefor;
(40) To create, alter, or abolish departments, boards,
offices, commissions, and agencies of the city and to con-
fer upon such agencies the necessary and appropriate
authority for carrying out all powers conferred upon or
delegated to same;
(41) To make, ordain, and establish such bylaws, ordi-
nances, rules, and regulations as shall appear necessary
for the security, welfare, convenience, and interest of
3680 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
the city and the inhabitants thereof and for preserving
the health, peace, order, and good government of the
city;
(42) To provide penalties for violations of any ordi-
nance adopted pursuant to the authority of this Act and
the general laws of the State of Georgia;
(43) To exercise the power of arrest through duly ap-
pointed policemen;
(44) To establish procedures for determining and pro-
claiming that an emergency situation exists within or
without the city and to make and carry out all reasonable
provisions deemed necessary to deal with or meet such
an emergency for the protection, safety, health, or well-
being of the citizens of the city;
(45) 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 Act as fully and completely as if such powers were
fully enumerated herein; and to exercise all powers now
or in the future authorized to be exercised by other mu-
nicipal governments under the general laws of the State
of Georgia. No enumeration of particular powers in this
Act shall be held to be exclusive of others nor restrictive
of general words and phrases granting power but shall
be held to be in addition to such powers unless expressly
prohibited to municipalities under the Constitution or
applicable general laws of the State of Georgia.
Section 1.13. General powers. In addition to all other pow-
ers herein granted, the City of Damascus shall be vested with
any and all powers which municipal corporations are or may
hereafter be authorized or required to exercise under the Consti-
tution 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 Act.
GEORGIA LAWS 1985 SESSION
3681
Section 1.14. Construction. The powers of the city shall
be construed liberally and in favor of the city. The specific men-
tion or failure to mention particular powers in this Act shall
not be construed as limiting in any way the general power of
the city as stated in this Act. It is the intention hereof to grant
the city full power and right to exercise all governmental author-
ity necessary for the effective operation and conduct of the city
and all of its affairs.
Section 1.15. Exercise of powers. All powers, functions,
rights, privileges, and immunities of the city, its officers, agen-
cies, or employees shall be carried into execution as provided
by this Act. If this Act makes no provision, such powers, func-
tions, rights, privileges, and immunities shall be carried into
execution as provided by ordinance of the governing authority
and as provided by pertinent general laws of the State of Geor-
gia.
ARTICLE II
GOVERNING BODY
Section 2.10. Creation. The legislative authority of the gov-
ernment of the City of Damascus, except as otherwise specifically
provided in this Act, shall be vested in a city council to be com-
posed of a mayor and four councilmen. The mayor and council-
men shall be elected in the manner provided by Article V of
this Act.
Section 2.11. Terms and qualifications of office. The mem-
bers 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
one year immediately prior to the date of the election
of mayor or councilman;
(2) Continues to reside within the city during his
period of service;
(3) Is registered and qualified to vote in municipal
elections of the City of Damascus; and
(4) Meets the qualification standards required for
members of the Georgia House of Representatives as are
3682 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
now or may in the future be prescribed by the Georgia
Constitution. (See Appendix B)
Section 2.12. Vacancy; forfeiture of office, filling of va-
cancy. (a) The office of mayor or councilman shall become vacant
upon the incumbents death, resignation, forfeiture of office, or
removal from office in any manner authorized by this Act or
the general 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 Act or
the general laws of the State of Georgia;
(2) Willfully and knowingly violates any express
prohibition of this Act; or
(3) Is convicted of a crime involving moral turpitude.
(c) A vacancy in the office of mayor or councilman shall
be filled for the remainder of the unexpired term, if any, as
provided by Article V.
Section 2.13. Compensation for mayor and council. The
mayor shall receive as compensation for his services the amount
of $180.00 per annum. The councilmen shall receive as compen-
sation for their services $120.00 per annum. The mayor and
councilmen shall be entitled to receive the 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 elective 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
GEORGIA LAWS 1985 SESSION
3683
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 Act, the council shall
be vested with all the powers of government of the City of Da-
mascus 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 execution of such ordinances, resolutions, rules, and regu-
lations not inconsistent with this Act, the Constitution, and the
general laws of the State of Georgia which it shall deem neces-
sary, expedient, or helpful for the peace, good order, protection
of life and property, health, welfare, sanitation, comfort, conve-
nience, prosperity, or well-being of the inhabitants of the City
of Damascus and may enforce such ordinances by imposing pen-
alties for violations thereof.
Section 2.20. Chief executive officer. The mayor shall be
the chief executive officer of the City of Damascus. He shall
possess, have, and exercise all of the executive and administra-
tive powers granted to the city under the Constitution and the
general laws of the State of Georgia and all the executive and
administrative powers contained in this Act.
Section 2.21. Duties of mayor. As the chief executive of
the City of Damascus, the mayor shall:
(1) Preside at all meetings of the city council;
(2) Be the official head of the city for the service
of process and for ceremonial purposes;
(3) Have power to administer oaths and to take affi-
davits;
(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;
3684 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(5) See that all laws and ordinances of the city are
faithfully executed;
(6) Exercise supervision over all executive and ad-
ministrative work of the city and provide for the coordi-
nation of administrative activities;
(7) Prepare and submit to the council a recom-
mended annual operating budget and recommended capi-
tal budget;
(8) Submit to the council, at least once a year, a
statement covering the financial conditions of the city
and, from time to time, such other information as the
council may request;
(9) Recommend to the council such measures rela-
tive to the affairs of the city, improvement of the govern-
ment, 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 2.31 of this Act;
(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) Vote only in case of a tie among the councilmen;
and
(14) Perform other duties as may be required by law,
this Act, or ordinance.
Section 2.22. Mayor pro tern. During the absence or dis-
ability of the mayor for any cause, the mayor pro tern, or in
his absence or disability for any reason, any one of the council-
men 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.
GEORGIA LAWS 1985 SESSION
3685
Section 2.30. Organization meeting. The council shall
meet for organization on the first Wednesday following the first
Monday in January. By majority vote of all the members thereof,
the council shall elect one of its members to be mayor pro tern.
The mayor pro tern shall serve for a term of one year and until
his successor is elected and qualified.
Section 2.31. Regular and special meetings, (a) The council
shall hold regular meetings at such times and places as pre-
scribed by ordinance. The council may recess any regular meet-
ing 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. Notice of such special meetings shall be served on
all other members personally, or by telephone personally, or
shall be left at their residences in advance of the meeting. Such
notice shall not be required if the mayor and all councilmen
are present when the special meeting is called. Notice of any
special meeting may be waived in writing before or after such
meeting and attendance at the meeting shall constitute a waiver
of notice. Only the business stated in the call may be transacted
at the special meeting, except by unanimous consent of all mem-
bers 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.
Section 2.32. Rules of procedure. The council shall adopt
its rules or procedure and order of business consistent with the
provisions of this Act and shall provide for keeping a journal
of its proceedings, which journal shall be a public record.
Section 2.33. Quorum, voting. Three councilmen shall con-
stitute 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-
men shall be required for the adoption of any ordinance. A
resolution or motion shall be adopted upon the affirmative vote
of three councilmen or two councilmen and the mayor.
3686 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2.34. Action requiring an ordinance, (a) Except
as herein provided, every official action of the council which
is to become law shall be by ordinance. No ordinance shall con-
tain a subject which is not expressed in its title. The enacting
clause shall be: "The Council of the City of Damascus 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 2.35. Codes of technical regulations. The council
may adopt any standard code of technical regulations by refer-
ence thereto in an adopting ordinance. The procedures and re-
quirements governing such adopting ordinance shall be as pre-
scribed for ordinances generally except that a copy of each
adopted code of technical regulations, as well as the adopting
ordinance, shall be authenticated and recorded by the clerk
pursuant to Section 2.36.
Section 2.36. Signing: authenticating, recording, codifica-
tion, printing, (a) The city clerk shall authenticate by his signa-
ture and record in full in a properly indexed book kept for this
purpose all ordinances adopted by council. Every ordinance shall
be signed by the mayor as a matter of course after adoption.
(b) The council shall provide for the preparation of a gen-
eral 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, and such code of techni-
cal regulations and other rules and regulations as the city coun-
cil may specify. This compilation shall be known and cited offi-
cially as "The Code of the City of Damascus, 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 amend-
ment to its charter to be printed promptly following its adoption.
Following publication of the first code of the City of Damascus
and at all times thereafter, the ordinances and charter amend-
GEORGIA LAWS 1985 SESSION
3687
merits shall be printed in substantially the same style as the
code currently in effect and shall be suitable in form for incorpo-
ration therein. The council shall make such further arrange-
ments 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.
(d) Whenever in opening, extending, or widening any
street, avenue, alley, or public place of the city a small parcel
or tract of land is cut off or separated by such work from a
larger tract or boundary of land owned by the city, the council
may authorize the mayor to execute and deliver in the name
of the city a deed conveying said cut-off or separated parcel or
tract of land to an abutting or adjoining property owner or
owners in exchange for rights of way of said street, avenue,
alley, or public place or in settlement of any alleged damages
sustained by said abutting or adjoining property owner. All
deeds and conveyances so executed and delivered shall convey
all title and interest of the city in such property, notwithstand-
ing the fact that no public sale is conducted after being properly
advertised.
ARTICLE III
EXECUTIVE BRANCH
Section 3.10. Administrative and service departments, (a)
The council by ordinance may establish, abolish, merge, or con-
solidate offices, positions of employment, departments, and agen-
cies of the city as it shall deem necessary for the proper adminis-
tration of the affairs and government of the city. The council
shall prescribe the functions and duties of existing departments,
offices, and agencies or of any departments, offices, and agencies
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 ordi-
nance. Each department shall consist of such officers, employees,
and positions as may be provided by this Act or by ordinance
3688 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
and shall be subject to the general supervision and guidance
of the mayor and councilmen.
(c) Except as otherwise provided by this Act, 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 man-
ner as prescribed by this Act for an original appointment.
(d) Except as otherwise provided by law, the directors of
departments and other appointed officers of the city shall be
appointed solely on the basis of their respective administrative
and professional qualifications.
(e) All appointive officers and directors of departments
shall receive such compensation as prescribed by ordinance.
Section 3.11. Boards, commissions, and authorities, (a) All
members of boards, commissions, and authorities shall be ap-
pointed by the council for such terms of office and such manner
of appointment as provided by ordinance except where other
appointing authority, term of office, or manner of appointment
is prescribed by this Act or by applicable general laws of the
State of Georgia.
(b) Any vacancy in office of any member of a board, commis-
sion, 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 Act or by applicable general
laws of the State of Georgia.
(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, and authority may
be removed from office for 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.
GEORGIA LAWS 1985 SESSION
3689
(f) The qualifications required of members of boards, com-
missions, and authorities shall be as prescribed by the council.
(g) Except as otherwise provided by this Act or by applica-
ble general laws, 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 Act, ordinances
of the city, or applicable general laws, as it deems appropriate
and necessary for the conduct of its affairs, copies of which shall
be filed with the city clerk.
Section 3.20. 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 adminis-
trative or budgetary duties of the mayor.
Section 3.30. 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 de-
fending the city in all litigation in which the city is a party;
may be the prosecuting officer in the recorders court; shall at-
tend 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 citys affairs; and shall perform
such other duties as may be required of him by virtue of his
position as city attorney.
Section 3.40. 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 3.41. City tax collector. The council may appoint
a city tax collector to collect all taxes, licenses, fees, and other
moneys belonging to the city subject to the provisions of this
3690 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Act 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 munici-
palities.
Section 3.42. City accountant. The council may appoint
a city accountant to perform the duties of an accountant.
Section 3.43. 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 3.50. Position classification and pay plan. The
council may prepare a position classification and pay plan which
shall be submitted to the council for approval. Said plans may
apply to all employees of the City of Damascus and to any of
its agencies and offices.
Section 3.51. Personnel policies. The council may adopt
rules and regulations consistent with this Act concerning:
(1) The method of employee selection and probation-
ary 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 man-
ner in which layoff shall be effected; and
(4) Such other personnel policies as may be neces-
sary to provide for adequate and systematic handling
of the personnel affairs of the City of Damascus.
ARTICLE IV
JUDICIAL BRANCH
Section 4.10. Creation of recorders court. There is estab-
lished a court to be known as the recorders court of the City
GEORGIA LAWS 1985 SESSION
3691
of Damascus which shall have jurisdiction and authority to try
offenses against the laws and ordinances of said city and to
punish for a violation of the same. Such court shall have the
power and authority to enforce its judgments by the imposition
of such penalties as may be provided by law; to punish witnesses
for nonattendance; to punish any person who may counsel, ad-
vise, 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 constitut-
ing 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 of 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. 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.
(b) The judge pro tern 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 recorders court
shall try and punish for crimes against the City of Damascus
and for violations of its ordinances. The recorders court shall
3692 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
have authority to punish those in its presence for contempt,
provided that such punishment shall not exceed $100.00 or 30
days in jail or both. The recorders court may fix punishment
for offenses within its jurisdiction not exceeding a fine of
$1,000.00 or imprisonment for 30 days or both. As an alternative
to fine or imprisonment, the court may sentence any offender
upon conviction to labor in a city work gang or on the streets,
sidewalks, squares, or other public works for a period not exceed-
ing 30 days.
(b) The recorders court shall have authority to establish
a schedule of fees to defray the cost of operation and shall be
entitled to reimbursement of the costs of meals, transportation,
and caretaking of prisoners bound over to superior courts for
violations of state law.
(c) The recorders court shall have authority to establish
bail and recognizances to 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 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 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 Damascus. Property deposited in lieu of bond
shall have a lien against it for the value forfeited, which lien
shall be enforceable in the same manner and to the same extent
as a lien for city property taxes.
(d) The recorders court shall have the authority to bind
prisoners over to the appropriate court when it appears by prob-
able cause that a state law has been violated.
(e) The recorders court shall have the authority to adminis-
ter oaths and to perform all other acts necessary or proper to
the conduct of said court.
GEORGIA LAWS 1985 SESSION
3693
(f) The recorders court may compel the presence of all
parties necessary to a proper disposal of each case by the is-
suance of summons, subpoenas, and warrants which may be
served as executed by any officer as authorized by this Act or
by applicable general laws.
(g) The recorders court is specifically vested with all the
jurisdiction and power throughout the entire area of the City
of Damascus granted by state laws generally to municipal, re-
corders, and police courts and particularly by such laws as au-
thorized 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 Early County from the recorders court shall lie in
the same manner and under the same procedure as generally
prescribed for appeals and appeal bonds from the probate court,
provided that any person who fails to file an appeal within ten
days of the date on his conviction shall be deemed to have waived
any such right. An appeal to the superior court shall be a de
novo proceeding.
Section 4.15. Rules for court. With the approval of the
council, the judge shall have full power and authority to make
reasonable rules and regulations necessary and proper to secure
the efficient and successful administration of the recorders
court; provided, however, that the council may adopt in part
or in toto the rules and regulations relative to the procedure
of the operation of the superior court under the general laws
of the State of Georgia. The rules and regulations made or
adopted for said court shall be filed with the city clerk and
shall be available for public inspection, provided an official re-
quest has been made by the defendant at least 48 hours prior
to the scheduled proceedings. Upon request, a copy shall be
furnished to all defendants in recorders court proceedings at
least 48 hours prior to said proceedings; provided, however, that
the defendant must request a copy at least 96 hours before the
court proceedings.
ARTICLE V
ELECTIONS
Section 5.10. Regular elections; oaths of office, (a) On the
first Tuesday following the first Monday in January of 1986,
3694 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
there shall be an election for the office of mayor. On the same
day and month in 1986, two councilmen shall be elected to serve
two-year terms and two councilmen shall be elected to serve
one-year terms. Of the four councilmen elected, the two receiv-
ing the largest number of votes will serve the two-year terms
and the two receiving the lowest number of votes will serve
one-year terms.
On the first Tuesday following the first Monday in January
of 1987, and on said date biennially thereafter, there shall be
an election for two councilmen.
On the first Tuesday following the first Monday in January
of 1988, and on said date biennially thereafter, there shall be
an election for mayor and two councilmen. The terms of office
of the members of council shall begin at the day and hour of
the taking of the oath of office.
(b) The oath of office shall be administered on the Wednes-
day following the elections at a time and place to be prescribed
by the mayor. 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 Damascus 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 5.11. Qualifying, nomination of candidates, absen-
tee 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 Damascus.
Section 5.20. Applicability of general laws. The procedures
and requirements for election of all elected officials of the City
of Damascus 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., known as the "Georgia Municipal Election
Code.
Section 5.21. Vacancies in council. In the event that the
office of mayor or councilman shall become vacant for any cause
GEORGIA LAWS 1985 SESSION
3695
whatsoever, said vacancy in office shall be filled by appointmerft
by the remaining members of the council; provided, however,
that only a councilman may be appointed as mayor.
Section 5.30. Grounds for removal of elected officials. The
mayor or any councilman shall be subject to removal from office
for any one or more of the following causes:
(1) Incompetence, misfeasance, or malfeasance in of-
fice;
(2) Conviction of a crime involving moral turpitude;
(3) Failure at any time to possess any of the qualifi-
cations of office as provided by this Act or the general
laws of the State of Georgia;
(4) Willful violation of any express prohibition of
this Act;
(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 Act or the general laws of
the State of Georgia.
Section 5.31. Procedure for removal. Removal of an elected
officer from office may be accomplished by one of the following
methods:
(1) By action of three-fourths vote of the entire mem-
bership of the council; provided, however, that if the offi-
cer sought to be removed is a member of the council,
then he shall not vote. In the event an elected officer
is sought to be removed by action of the council, such
officer shall be entitled to a written notice specifying
the grounds for removal and 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 to
appeal from the decision of the council to the Superior
Court of Early County. Such appeal shall be governed
by the same rules as govern appeals to the superior court
from the probate court; or
3696 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(2) By information filed in the Superior Court of
Early County as provided by law.
ARTICLE VI
FINANCE AND FISCAL
Section 6.10. Property taxes. All property subject to taxa-
tion 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 Damascus. 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 pur-
pose 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 chief of police 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 Act
GEORGIA LAWS 1985 SESSION
3697
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 Damascus, 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 pay-
ment 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 author-
ity to levy an excise tax not prohibited by general law.
Section 6.15. Sewer service charges. The council by ordi-
nance 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 Damascus
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 service charges. The
council shall have authority by ordinance to provide for, enforce,
levy, and collect the cost of sanitary and health services neces-
sary in the operation of the city from all individuals, firms,
and corporations residing in or doing business in the City of
Damascus and benefiting from such service. Such authority shall
include the power to assess, levy, and collect annual or monthly
sanitary taxes or fees in such amount or amounts and based
upon and in accordance with such classification of property and
sanitary service or services provided as may be fixed by ordi-
nance. Said sanitary taxes and the assessment thereof shall
3698 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 prop-
erty 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 construct-
ing, 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 7 percent per annum from date due
until paid. A lien shall exist against the abutting property supe-
rior 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 law
regarding sales and transfers of tax fi. fas. Such transfer or
assignment, when made, shall vest the purchaser or transferee
with all rights, title, and interest as provided by 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 accordance with the require-
ments of redemption of property sold under state or county
ad valorem tax fi. fas., as provided by law.
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 Act or the general
laws of the State of Georgia. Such bonding authority shall be
exercised in accordance with the laws governing bond issuances
by municipalities in effect at the time said issue is undertaken.
GEORGIA LAWS 1985 SESSION
3699
Section 6.21. Revenue bonds. Revenue bonds may be issued
by the council as provided by Article 3 of Chapter 82 of Title
36 of the O.C.G.A., known as the "Revenue Bond Law.
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 6.30. Fiscal year. The council shall set the fiscal
year by ordinance. Said fiscal year shall constitute the budget
year and the year for financial accounting and reporting of each
and every office, department, institution, agency, and activity
of the city government, unless otherwise provided by state or
federal law.
Section 6.31. Preparation of budgets. The council shall pro-
vide by ordinance the procedures and requirements for the prep-
aration and execution of an annual operating budget, a capital
improvement program, and a capital budget including require-
ments as to scope, content, and form of such budgets and pro-
grams.
Section 6.32. Additional appropriations. The council may
make appropriations in addition to those contained in the cur-
rent operating budget at any regular or special meeting called
for such purpose.
Section 6.40. Contracting procedures. All contracts shall
be made or authorized by the council and no contracts shall
bind the city unless reduced in writing and approved by the
council.
Section 6.41. Centralized purchasing, (a) The council may
by ordinance prescribe procedures for a system of centralized
purchasing for the City of Damascus.
(b) The council may sell and convey any real or personal
property owned or held by the City of Damascus for governmen-
tal 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
3700 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
mayor and adoption of a resolution, both finding that the prop-
erty is not needed for public or other purposes and that the
interest of the city has no readily ascertainable monetary value.
ARTICLE VII
GENERAL PROVISIONS
Section 7.10. Official bonds. The officers and employees,
both elected and appointed, of the City of Damascus shall exec-
ute such official bonds in such amounts and upon such terms
and conditions as the city council may from time to time require.
Section 7.11. Existing ordinances, resolutions, and regula-
tions. Existing ordinances and resolutions of the City of Damas-
cus not inconsistent with the provisions of this Act shall con-
tinue in effect until they have been repealed, modified, or
amended by the council. Existing rules and regulations of de-
partments or agencies of the City of Damascus not inconsistent
with the provisions of this Act shall continue in effect until
they have been repealed, modified, or amended.
Section 7.12. Penalties. The violation of any provision of
this Act for which penalty is not specifically provided herein
is declared to be a misdemeanor and punishable by a fine of
not more than $1,000.00 or by imprisonment not to exceed 30
days or both such fine and imprisonment.
Section 7.13. Specific repealer. An Act incorporating the
City of Damascus in the County of Early, approved December
6, 1900 (Ga. L. 1900, p. 303), as amended by an Act approved
December 17, 1901 (Ga. L. 1901, p. 471), and an Act approved
August 11, 1914 (Ga. L. 1914, p. 932), is repealed in its entirety.
Section 7.14. Repealer. All laws and parts of laws in con-
flict with this Act are repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the
regular 1985 session of the General Assembly of Georgia a bill
to provide a new charter for the City of Damascus, Georgia;
to provide for the incorporation, powers, and boundaries of said
city; to provide for the governing authority; to provide for other
GEORGIA LAWS 1985 SESSION
3701
matters relative thereto; to provide for specific repeal; and for
other purposes.
This 31 day of December, 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 Early
County News which is the official organ of Early County, on
the following date: January 10, 1985.
/s/ Ralph J. Balkcom
Representative,
140th District
Sworn to and subscribed before me,
this 15th day of January, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 18, 1985.
3702 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
PAULDING COUNTY TAX COMMISSIONER;
COMPENSATON.
No. 69 (House Bill No. 290).
AN ACT
To amend an Act creating the office of Tax Commissioner
of Paulding County, approved February 25, 1949 (Ga. L. 1949,
p. 1335), as amended, particularly by an Act approved April
11, 1979 (Ga. L. 1979, p. 4559), and an Act approved April 12,
1982 (Ga. L. 1982, p. 4232), so as to change the compensation
of the tax commissioner; to provide an effective date; to repeal
conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act creating the office of Tax Commissioner
of Paulding County, approved February 25, 1949 (Ga. L. 1949,
p. 1335), as amended, particularly by an Act approved April
11, 1979 (Ga. L. 1979, p. 4559), and an Act approved April 12,
1982 (Ga. L. 1982, p. 4232), is amended by striking from the
first paragraph of Section 4 the following:
$19,000.00,
and inserting in lieu thereof the following:
$26,500.00,
so that when so amended the first paragraph of Section 4 shall
read as follows:
Be it further enacted by the aforesaid, that the Tax
Commissioner of Paulding County shall be compensated in
the amount of $26,500.00 per annum which shall be paid
in equal monthly installments from the funds of the county.
Said salary shall be the only compensation of the tax commis-
sioner and shall be in lieu of all fees, commissions, costs,
fines, emoluments, and perquisites of whatever kind, includ-
ing those commissions allowed by an Act approved March
GEORGIA LAWS 1985 SESSION
3703
9, 1955 (Ga. L. 1955, p. 659), as amended, relating to the
sale of motor vehicle license plates by local officials, notwith-
standing the fact that such services for which the commis-
sions are derived may have been performed in the capacity
of an agent for the State Revenue Department, and an Act
relating to the commission on taxes collected in excess of
a certain percentage of the taxes due according to the tax
net digest, approved January 17, 1938 (Ga. L. 1937-38, Ex.
Sess., p. 295), as amended.
Section 2. This Act shall become effective on the first day
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 1985 Session of the General Assembly of Georgia an
Act to amend an Act Creating The Office of the Tax Commis-
sioner of Paulding County, approved February 25, 1949 (Ga.
L. 1949, Page 1335), as amended so as to change the compensa-
tion of the Tax Commissioner.
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 follow-
ing date: January 17, 1985.
/s/ Charlie Watts
Representative,
41st District
3704 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 21st day of January, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 18, 1985.
FORSYTH COUNTY BOARD OF EDUCATION; LOCAL
CONSTITUTIONAL AMENDMENT CONTINUED.
No. 70 (House Bill No. 295).
AN ACT
To continue in force and effect as a part of the Constitution
of the State of Georgia that constitutional amendment which
was proposed by Resolution Act No. 159 (House Resolution No.
478-1190) of the 1964 General Assembly (Ga. L. 1964, p. 975),
and which was duly ratified at the 1964 general election and
which relates to providing for the election of members of the
Board of Education of Forsyth County and for qualifications,
duties, terms, and compensation of members of the board; to
provide the authority for this Act; to repeal conflicting laws;
and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. That constitutional amendment which was pro-
posed by Resolution Act No. 159 (House Resolution No. 478-
1190) of the 1964 General Assembly (Ga. L. 1964, p. 975), and
which was duly ratified at the 1964 general election and which
relates to providing for the election of members of the Board
of Education of Forsyth County and for qualifications, duties,
GEORGIA LAWS 1985 SESSION
3705
terms, and compensation of members of the board shall not
be repealed or deleted on July 1,1987, as a part of the Constitu-
tion of the State of Georgia but is specifically continued in force
and effect on and after that date as a part of the Constitution
of the State of Georgia.
Section 2. This Act is passed pursuant to Article XI, Sec-
tion I, Paragraph IV of the Constitution of the State of Georgia
which authorizes the continuation of certain amendments to
the Constitution.
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 1985 session of the General Assembly of Georgia a bill
to continue Constitutional Amendment (Ga. L. 1964 page 975)
which provides for the manner of electing the County Board
of Education and the County School Superintendent of Forsyth
County, and for other purposes.
Bill H. Barnett
State 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 follow-
ing date: January 16, 1985.
/s/ Bill H. Barnett
Representative,
10th District
3706 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 21st day of January, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 18, 1985.
BROOKS COUNTY BOARD OF COMMISSIONERS;
COMPENSATION.
No. 71 (House Bill No. 297).
AN ACT
To amend an Act creating the board of county commissioners
of Brooks County, approved August 11, 1881 (Ga. L. 1880-81,
p. 518), as amended particularly by an Act approved March
21,1968 (Ga. L. 1968, p. 2397), so as to change the compensation
of the chairman and the members of the board of county commis-
sioners; to provide an effective date; to repeal conflicting laws;
and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act creating the board of county commis-
sioners of Brooks County, approved August 11, 1881 (Ga. L.
1880-81, p. 518), as amended particularly by an Act approved
March 21, 1968 (Ga. L. 1968, p. 2397), is amended by striking
Section 2A and inserting in lieu thereof a new Section 2A to
read as follows:
"Section 2A. The board of county commissioners of
Brooks County shall determine the compensation of the
chairman and members of the board except that the salary
of the chairman shall not exceed $300.00 per month and
GEORGIA LAWS 1985 SESSION
3707
the salary of each of the other members of the board shall
not exceed $200.00 per month.
Section 2. This Act shall become effective on May 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
1985 session of the General Assembly of Georgia, a bill to amend
an Act creating the Board of Commissioners of Brooks County
approved August 11, 1881 (Ga. L. 1880-81, p. 518), as amended;
and for other purposes.
This 14th day of January, 1985.
/s/ Brooks County Commissioners
C. E. Taylor, Jr., Clerk
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Henry L. Reaves, who, on
oath, deposes and says that he is Representative from the 147th
District, and that the attached copy of Notice of Intention to
Introduce Local Legislation was published in the Free Press
which is the official organ of Brooks County, on the following
date: January 17, 1985.
/s/ Henry L. Reaves
Representative,
147th District
Sworn to and subscribed before me,
this 21st day of January, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 18, 1985.
3708 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
BROOKS COUNTY CORONER PLACED ON ANNUAL
SALARY.
No. 72 (House Bill No. 298).
AN ACT
To provide for the compensation of the coroner of Brooks
County; to provide for the payment of such compensation; to
provide that fees, costs, commissions, allowances, moneys, and
other emoluments and perquisites shall become the property
of the counties; to provide an effective date; to repeal conflicting
laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. The coroner of Brooks County is placed on an
annual salary in lieu of the fee system of compensation. The
coroner shall be compensated in the amount of $150.00 per
month. Such compensation shall be paid monthly from the funds
of Brooks County and shall be in lieu of all fees, costs, commis-
sions, allowances, moneys, and all other emoluments and perqui-
sites of whatever kind which shall be allowed the coroners of
the various counties of this state. All such fees, costs, commis-
sions, allowances, moneys, and other emoluments and perqui-
sites of whatever kind shall become the property of Brooks
County and shall be paid into the county treasury at least once
each month.
Section 2. This Act shall become effective on May 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
1985 session of the General Assembly of Georgia, a bill to place
the coroner of Brooks County on an annual salary; to fix the
amount of the salary and the method of its payment; to provide
that fees of the coroner shall be paid into the county treasury;
and for other purposes.
GEORGIA LAWS 1985 SESSION
3709
This 14th day of January, 1985.
/s/ Brooks County Commissioners
C. E. Taylor, Jr., Clerk
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Henry L. Reaves, who, on
oath, deposes and says that he is Representative from the 147th
District, and that the attached copy of Notice of Intention to
Introduce Local Legislation was published in the Free Press
which is the official organ of Brooks County, on the following
date: January 17, 1985.
/s/ Henry L. Reaves
Representative,
147th District
Sworn to and subscribed before me,
this 21st day of January, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 18, 1985.
3710 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
VALDOSTA-LOWNDES COUNTY INDUSTRIAL
AUTHORITY LOCAL CONSTITUTIONAL AMENDMENT
CONTINUED.
No. 74 (House Bill No. 304).
AN ACT
To continue in force and effect as a part of the Constitution
of the State of Georgia that constitutional amendment which
was proposed by Resolution Act No. 186 of the 1960 General
Assembly and which was duly ratified at the 1960 general elec-
tion (Ga. L. 1960, p. 1359) and which relates to creation of the
Valdosta-Lowndes County Industrial Authority and the powers
and administration of the authority; to provide the authority
for this Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. That constitutional amendment which was pro-
posed by Resolution Act No. 186 of the 1960 General Assembly
and which was duly ratified at the 1960 general election (Ga. L.
1960, p. 1359) and which relates to creation of the Valdosta-
Lowndes County Industrial Authority and the powers and ad-
ministration of the authority shall not be repealed or deleted
on July 1, 1987, as a part of the Constitution of the State of
Georgia but is specifically continued in force and effect on and
after that date as a part of the Constitution of the State of
Georgia.
Section 2. This Act is passed pursuant to Article XI, Sec-
tion I, Paragraph IV of the Constitution of the State of Georgia
which authorizes the continuation of certain amendments to
the 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 regular
1985 session of the General Assembly of Georgia a bill to con-
GEORGIA LAWS 1985 SESSION
3711
tinue in force and effect as a part of the Constitution of the
State of Georgia that constitutional amendment which was pro-
posed by Resolution Act No. 186 of the 1960 General Assembly
and which was duly ratified at the 1960 general election (Ga.
L. 1960, P. 1359) and which relates to creation of the Valdosta-
Lowndes County Industrial Authority and the powers and ad-
ministration of the authority; and for other purposes.
This 14th day of January, 1985.
James M. Beck
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, James M. Beck, who, on
oath, deposes and says that he is Representative from the 148th
District, and that the attached copy of Notice of Intention to
Introduce Local Legislation was published in the Valdosta Daily
Times which is the official organ of Lowndes County, on the
following date: January 18, 1985.
/s/ James M. Beck
Representative,
148th District
Sworn to and subscribed before me,
this 21st day of January, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 18, 1985.
3712 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
DeKALB COUNTY GARBAGE DISPOSAL; SANITATION
DISTRICTS; LOCAL CONSTITUTIONAL AMENDMENT
CONTINUED.
No. 75 (House Bill No. 312).
AN ACT
To continue in force and effect as a part of the Constitution
of the State of Georgia that constitutional amendment authoriz-
ing the Board of Commissioners of DeKalb County to provide
systems of garbage disposal and providing for sanitation districts
(Res. Act No. 50; H.R. 200-423; Ga. L. 1966, p. 828); to provide
the authority for this Act; to repeal conflicting laws; and for
other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. That constitutional amendment authorizing the
Board of Commissioners of DeKalb County to provide systems
of garbage disposal and providing for sanitation districts (Res.
Act No. 50; H.R. 200-423; Ga. L. 1966, p. 828) shall not be re-
pealed or deleted on July 1, 1987, as a part of the Constitution
of the State of Georgia but is specifically continued in force
and effect on and after that date as a part of the Constitution
of the State of Georgia.
Section 2. This Act is passed pursuant to Article XI, Sec-
tion I, Paragraph IV of the Constitution of the State of Georgia
which authorizes the continuation of certain amendments to
the Constitution.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Notice of Intention to Apply for Local Legislation.
Notice is hereby given of intention to apply for local legisla-
tion to continue in force and effect as a part of the Constitution
of the State of Georgia that constitutional amendment relating
to the Systems of Garbage Disposal by Territorial Sanitation
GEORGIA LAWS 1985 SESSION
3713
Districts, which was proposed by resolution act 50 of the 1966
General Assembly and was duly ratified at the 1966 General
Election "Ga. L. 1966, p. 828.
Manuel J. Maloof
Chief Executive Officer
DeKalb County
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Frank L. Redding, Jr., who,
on oath, deposes and says that he is Representative from the
50th District, and 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 10, 1985.
/s/ Frank L. Redding, Jr.
Representative,
50th District
Sworn to and subscribed before me,
this 18th day of January, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 18, 1985.
3714 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CITY OF LYONS ELECTION OF MAYOR AND COUNCIL.
No. 76 (House Bill No. 327).
AN ACT
To amend an Act incorporating the City of Lyons, Georgia,
approved August 7, 1907 (Ga. L. 1907, p. 765), as amended, so
as to provide for the election of the mayor and council for the
City of Lyons; to provide for election wards; to provide for cur-
rent members of the council and for the current mayor; to pro-
vide qualifications; to provide for special elections; to provide
for vacancies; to provide for other matters relative to the forego-
ing; 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 Lyons, Georgia,
approved August 7, 1907 (Ga. L. 1907, p. 765), as amended, is
amended by striking Section 2A and substituting in lieu thereof
a new Section 2A to read as follows:
"Section 2A. (a) For the purpose of electing councilmen,
the City of Lyons shall be divided into four election wards
consisting of the following territory within the City of Lyons:
Ward 1
Beginning where the New Cobbtown Road (Georgia
152) crosses the northeastern city limits of Lyons; south-
west along the New Cobbtown Road to its intersection
with the Old Cobbtown Road; southwest and south along
the Old Cobbtown Road to Wesley Street; west along Wes-
ley Street to Monroe Street; south along Monroe Street
to Columbia Street; west along Columbia Street to
(North) Hall Street; south along (North) Hall Street to
Broad Street, and continuing south across the east-west
mainline Seaboard Coast Line Railroad right-of-way and
tracks to (South) Hall Street and south along (South)
Hall Street to Grady Street; east along Grady Street to
Eleventh Street; north along Eleventh Street to Railroad
GEORGIA LAWS 1985 SESSION
3715
Street; northwest and west along Railroad Street to Mon-
roe Street; north along Monroe Street to Broad Street
(Georgia 292); east and southeast along Broad Street and
the Manassas Road (Georgia 292) to the eastern city lim-
its of Lyons; and generally northerly along the city limits
of Lyons to the point of beginning.
Ward 2
Beginning where the Manassas Road (Georgia 292)
crosses the eastern city limits of Lyons; northwest and
west along the Manassas Road and Broad Street (Georgia
292) to Monroe Street; south along Monroe Street to Rail-
road Street; east and southeast along Railroad Street
to Eleventh Street; south along Eleventh Street to Grady
Street; west along Grady Street to (South) Hall Street;
north along (South) Hall Street to Railroad Street, and
continuing north across the east-west mainline Seaboard
Coast Line Railroad right-of-way and tracks to Broad
Street (Georgia 292); west along Broad Street to State
Street (U.S. 1/Georgia 4); south along State Street to
Liberty Street (U.S. 280/Georgia 30); west along Liberty
Street to Jefferson Street; south along Jefferson Street
to Gordon Street; west along Gordon Street to South Vic-
tory Street (Georgia 147); south along South Victory
Street to the southern city limits of Lyons; and generally
northeasterly along the city limits of Lyons to the point
of beginning.
Ward 3
Beginning where South Victory Street (Georgia 147)
crosses the southern city limits of Lyons; north along
South Victory Street to Gordon Street; east along Gordon
Street to Jefferson Street; north along Jefferson Street
to Liberty Street (U.S. 280/Georgia 30); east along Lib-
erty Street to State Street (U.S. 1/Georgia 4); north
along State Street to Oglethorpe Street; west along Ogle-
thorpe Street to North Victory Street; north and north-
west along North Victory Street to the northern city
limits of Lyons; and generally southerly along the city
limits of Lyons to the point of beginning.
3716 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Ward 4
Beginning where North Victory Street crosses the
northern city limits of Lyons; southeast and south along
North Victory Street to Oglethorpe Street; east along
Oglethorpe Street to State Street (U.S. 1/Georgia 4);
south along State Street to Broad Street (Georgia 292);
east along Broad Street to (North) Hall Street; north
along (North) Hall Street to Columbia Street; east along
Columbia Street to Monroe Street; north along Monroe
Street to Wesley Street; east along Wesley Street to the
Old Cobbtown Road; north and northeast along the Old
Cobbtown Road to its intersection with the New Cobb-
town Road (Georgia 152); northeast along the New Cobb-
town Road to the northeastern city limits of Lyons; and
generally northwesterly along the city limits of Lyons
to the point of beginning.
(b) For the purposes of this section:
(1) Whenever the description of any election ward
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.
(2) Any part of the City of Lyons which is not in-
cluded in election wards 1, 2, 3, or 4 as described in this
section or any territory annexed into the City of Lyons
shall be included within either election ward 1, 2, 3, or
4 wherever such ward is contiguous to such part or terri-
tory and 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
5 and substituting in lieu thereof a new Section 5 to read as
follows:
"Section 5. (a) The mayor and councilmen in office on
December 1, 1984, shall serve the remainder of terms to
which they were elected and until their successors are
elected and qualified as provided in this charter. On the
first Wednesday in March, 1986, and on the same day bienni-
ally thereafter, an election shall be held in the City of Lyons
for the purpose of electing a mayor and two councilmen or
GEORGIA LAWS 1985 SESSION
3717
three councilmen, as the case may be. The election shall
be conducted in the manner and place provided for in this
charter and the general laws of this state.
(b) At the city election held in 1986 and every four years
thereafter, the mayor and a councilman from Ward 1 and
a councilman from Ward 2 shall be elected for terms of
four years and until their successors are elected and quali-
fied. At the city election held in 1988 and every four years
thereafter, a councilman from Ward 3, a councilman from
Ward 4, and a councilman from the city at large shall be
elected for terms of four years and until their successors
are elected and qualified. All terms of office shall be for
four years and shall begin on the first day of April of the
year following such election.
(c) Each candidate seeking the office of mayor or the
office of councilman at large shall reside within the city
and shall be elected by the electors of the entire city. Each
candidate seeking election as a councilman from a ward shall
reside within the ward from which he seeks election and
shall be elected by the electors of such ward. Each candidate
for councilman from a ward must reside in the ward he
seeks to represent at the time he qualifies as a candidate
and must have been a resident of such ward for at least
90 days prior to qualifying. Each councilman must remain
a resident of the ward from which he was elected during
the term of office. Candidates for mayor and for councilman
at large must reside in the city at the time they qualify as
candidates and must have been residents of the city for at
least 90 days prior to qualifying. The mayor and councilman
at large must remain residents of the city during the term
of office.
(d) In case no election is held at the time provided in
this charter, the mayor and councilmen in office shall con-
tinue to serve until their successors are elected and qualified.
In such case a special election may be called by the mayor
and council to be held on some other day, but the date of
a special election shall be no earlier than 30 days and no
later than 60 days after the call of such special election
by the governing authority of the municipality. Such call
shall be published promptly in a newspaper of general circu-
lation in the municipality as provided by general law.
3718 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(e) (1) The office of councilman shall become vacant
upon the councilmans death, resignation, forfeiture of
office, or removal from office in any manner authorized
by this charter or the laws of the State of Georgia.
(2) In the event the office of councilman becomes
vacant for any reason, his successor shall be elected at
the next regular municipal election to serve the remain-
der of the unexpired term or a full term, as the case
may be. The mayor and council shall appoint an interim
councilman to fill the vacant office until such successor
is elected and qualified; and such appointment shall be
made in the same manner in which ordinances are en-
acted pursuant to this charter.
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 1985 session of the General Assembly of Georgia a bill
to amend the City Charter of the City of Lyons (Ga. Laws 1907
p. 765) approved August 7, 1907, as amended, to provide for a
change in the boundary lines of four wards; to provide for the
election of a councilman from each ward; to provide for the
election of a mayor and a councilman at large; and for other
purposes.
This 17th day of December, 1984.
William T. Aiken
Mayor,
City of Lyons, Georgia
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 Lyons Progress
which is the official organ of Toombs County, on the following
date: December 20, 1984.
GEORGIA LAWS 1985 SESSION
3719
/s/ Roger C. Byrd
Representative,
153rd District
Sworn to and subscribed before me,
this 17th day of January, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 18, 1985.
MITCHELL COUNTY SCHOOL DISTRICT LOCAL SALES
AND USE TAX; LOCAL CONSTITUTIONAL AMENDMENT
CONTINUED.
No. 77 (House Bill No. 342).
AN ACT
To continue in force and effect as a part of the Constitution
of the State of Georgia that constitutional amendment which
was proposed by Resolution Act No. 172 of the 1982 General
Assembly and which was duly ratified at the 1982 general elec-
tion (Ga. L. 1982, p. 2643) and which relates to the imposition
of a local sales and use tax for the benefit of the Mitchell County
School District and the Pelham Independent School District;
to provide the authority for this Act; to repeal conflicting laws;
and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 3$ That constitutional amendment which was pro-
posed by Resolution Act No. 172 of the 1982 General Assembly
3720 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
and which was duly ratified at the 1982 general election (Ga. L.
1982, p. 2643) and which relates to the imposition of a local
sales and use tax for the benefit of the Mitchell County School
District and the Pelham Independent School District shall not
be repealed or deleted on July 1,1987, as a part of the Constitu-
tion of the State of Georgia but is specifically continued in force
and effect on and after that date as a part of the Constitution
of the State of Georgia.
Section 2. This Act is passed pursuant to Article XI, Sec-
tion I, Paragraph IV of the Constitution of the State of Georgia
which authorizes the continuation of certain amendments to
the 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 regular
1985 session of the General Assembly of Georgia a bill to con-
tinue in force and effect as a part of the constitution of the
state of Georgia that constitutional amendment which was pro-
posed by Resolution No. 172 of the 1982 General Assembly (Ga.
L. 1982, P. 2643), and which was duly ratified at the 1982 General
Election and which relates to the imposition of a local sales
and use tax for the benefit of the Mitchell County School District
and the Pelham Independent School District and for other pur-
poses.
This 18th day of January, 1985.
A. Richard Royal
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 18, 1985.
GEORGIA LAWS 1985 SESSION
3721
/s/ A. Richard Royal
Representative,
144th District
Sworn to and subscribed before me,
this 21st day of January, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 18, 1985.
BERRIEN COUNTY MAGISTRATE COURT; CHIEF
MAGISTRATE; LAW LIBRARY FEES.
No. 78 (House Bill No. 392).
AN ACT
To change the provisions relating to the Magistrate Court
of Berrien County, so as to change the manner of selecting the
chief magistrate; to provide for terms of and vacancies in such
office; 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. The person serving as chief magistrate of the
Magistrate Court of Berrien County immediately prior to the
effective date of this Act shall continue to serve out that persons
3722 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
term of office. The term of such person holding this office under
the original appointment will expire December 31, 1986.
Section 3. All successor chief magistrates of this county
shall be appointed by the judge or judges of the Superior Court
of Berrien County for a term of four years and until a successor
is duly appointed and qualified. The first regular term shall
begin on January 1, 1987; the term shall be for four years. If
the judges cannot agree on the person to be appointed, then
the chief judge of the Alapaha Judicial Circuit shall make the
appointment. Any vacancy occurring in the position of chief
magistrate shall be filled by appointment in the same manner
and for the unexpired term.
Section 4. (a) In addition to all other legal costs, a sum
not to exceed $2.00 per case shall be collected for the benefit
of the Berrien County Law Library.
(b) The chief magistrate or the clerk of the magistrate court
if so instructed shall collect the law library fees and remit the
same each month to the treasurer or trustees of the law library.
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
1985 Session of the General Assembly of Georgia a bill to make
provisions for the Magistrate Court of Berrien County; and for
other purposes.
Hanson R. Carter
Representative,
146 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
GEORGIA LAWS 1985 SESSION
3723
which is the official organ of Berrien County, on the following
date: January 16, 1985.
/s/ Hanson Carter
Representative,
146th District
Sworn to and subscribed before me,
this 23rd day of January, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 18, 1985.
FULTON COUNTY BOARD OF EDUCATION; ELECTION
DISTRICTS.
No. 79 (House Bill No. 399).
AN ACT
To amend an Act providing for the number of members and
for the election of members of the Board of Education of Fulton
County, approved February 10, 1984 (Ga. L. 1984, p. 3591), so
as to change the provisions relative to the description of certain
education districts; to repeal conflicting laws; and for other pur-
poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act providing for the number of members
and for the election of members of the Board of Education of
Fulton County, approved February 10, 1984 (Ga. L. 1984, p.
3724 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
3591), is amended by striking from subsection (a) of Section 1
all language describing Education Districts 1, 2, 4, and 6 and
substituting in lieu thereof, respectively, new Education Dis-
tricts 1, 2, 4, and 6 to read 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
Those parts of Blocks 409, 411,
and 412 outside the City of
Alpharetta
Blocks 413, 414, 420, 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
GEORGIA LAWS 1985 SESSION
3725
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
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
That part of Block 409 within
the City of Alpharetta
Block 410
Those parts of Blocks 411 and
412 within the City of
Alpharetta
Block 415
Tract 116
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
Blocks 117 through 123
That part of Block 124 outside
the City of Atlanta
3726 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 305, 307 through 315,
323, 324, 404, and 408
Tract 113.02
Those parts of Blocks 311 and
312 outside the City of
College Park
Blocks 401 through 405, 415,
and 420 through 438
Block 501
Education District 6
Fulton
Tract 106.01
Tract 106.02
Block Groups 1 and 2
Blocks 301 through 304, 316,
and 318 through 322
Blocks 401 through 403 and
405 through 407
Tract 113.01
Tract 113.02
Block Groups 1 and 2
Blocks 303 through 310
Those parts of Blocks 311 and
312 within the City of
College Park
Blocks 313 through 316
GEORGIA LAWS 1985 SESSION
3727
Blocks 409 through 413
and 417 through 419
Blocks 503, 504, 507, 508,
511, 512, 514, and 517 through
528
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 1985
Regular Session of the General Assembly a bill to amend an
act providing for the election of members of the Board of Educa-
tion of Fulton County.
Approved February 10, 1984 (Ga. Law 1984 pg. 3591)
and for other purposes.
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Dorothy Felton, who, on
oath, deposes and says that she is Representative from the 22nd
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 14, 1985.
/s/ Dorothy Felton
Representative,
22nd District
Sworn to and subscribed before me,
this 23rd day of January, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 18, 1985.
3728 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
DeKALB COUNTY STREET IMPROVEMENTS IN
SUBDIVISIONS; LOCAL CONSTITUTIONAL AMENDMENT
CONTINUED.
No. 80 (House Bill No. 402).
AN ACT
To continue in force and effect as a part of the Constitution
of the State of Georgia that constitutional amendment (Res.
Act 28, H.R. 75-494B, Ga. L. 1949, p. 2121) duly ratified at the
1950 general election and proclaimed by the Governor to be a
part of the Constitution of 1945 and continued as a part of
the Constitution of 1976 and the Constitution of 1983, which
amendment authorized the General Assembly to permit the gov-
erning authority of DeKalb County to make street improve-
ments in subdivisions and assess the cost with approval of own-
ers of 51 percent of the property affected; to provide the
authority for this Act; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. That constitutional amendment (Res. Act 28,
H.R. 75-494B, Ga. L. 1949, p. 2121) duly ratified at the 1950
general election and proclaimed by the Governor to be a part
of the Constitution of 1945 and continued as a part of the Consti-
tution of 1976 and the Constitution of 1983, which amendment
authorized the General Assembly to permit the governing au-
thority of DeKalb County to make street improvements in subdi-
visions and assess the cost with approval of 51 percent of the
property affected, shall not be repealed or deleted on July 1,
1987, as a part of the Constitution of the State of Georgia but
is specifically continued in force and effect on and after that
date as a part of the Constitution of the State of Georgia.
Section 2. This Act is passed pursuant to Article XI, Sec-
tion I, Paragraph IV of the Constitution of the State of Georgia
which authorizes the continuation of certain amendments to
the Constitution.
GEORGIA LAWS 1985 SESSION
3729
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Notice of Intention to Apply for Local Legislation.
Notice is hereby given of intention to apply for local legisla-
tion to continue in force and effect as a part of the Constitution
of the State of Georgia that constitutional amendment relating
to Street, Sidewalk, Curbing Improvements with Consent of
Abutting Owners, which was proposed by resolution act 28 of
the 1949 General Assembly and was duly ratified at the 1950
General Election "Ga. L. 1949, p. 2121.
Manuel J. Maloof
Chief Executive Officer
DeKalb County
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Eleanor L. Richardson,
who, on oath, deposes and says that she is Representative from
the 52nd District, and that the attached copy of Notice of Inten-
tion 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 10, 1985.
/s/ Eleanor L. Richardson
Representative,
52nd District
Sworn to and subscribed before me,
this 21st day of January, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 18, 1985.
3730 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
DeKALB COUNTY AND MUNICIPALITIES THEREIN
ALCOHOLIC BEVERAGE TAX FOR EDUCATIONAL
PURPOSES; LOCAL CONSTITUTIONAL AMENDMENT
CONTINUED.
No. 81 (House Bill No. 413).
AN ACT
To continue in force and effect as a part of the Constitution
of the State of Georgia that constitutional amendment which
was proposed by Resolution Act No. 235 (House Resolution No.
859-2043) enacted at the 1972 session of the General Assembly
and which was duly ratified at the 1972 general election (Ga.
L. 1972, p. 1490) and which relates to the levy and collection
of a tax on alcoholic beverages in DeKalb County and municipal-
ities therein and the allocation of the proceeds of said tax for
educational purposes; to provide the authority for this Act; to
repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. That constitutional amendment which was pro-
posed by Resolution Act No. 235 (House Resolution No. 859-
2043) enacted at the 1972 session of the General Assembly and
which was duly ratified at the 1972 general election (Ga. L.
1972, p. 1490) and which relates to the levy and collection of
a tax on alcoholic beverages in DeKalb County and municipali-
ties therein and the allocation of the proceeds of said tax for
educational purposes shall not be repealed or deleted on July
1, 1987, as a part of the Constitution of the State of Georgia
but is specifically continued in force and effect on and after
that date as a part of the Constitution of the State of Georgia.
Section 2. This Act is passed pursuant to Article XI, Sec-
tion I, Paragraph IV of the Constitution of the State of Georgia
which authorizes the continuation of certain amendments to
the Constitution.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
GEORGIA LAWS 1985 SESSION
3731
Legal Notice.
Notice is given that there will be introduced in the 1985
regular session of the General Assembly of Georgia a bill to
continue in effect that local constitutional amendment as set
forth in Georgia Laws 1972 pages 1492-1493 relating the author-
ity of DeKalb County and municipalities therein to levy taxes
on alcoholic beverages with proceeds therefore to be used for
educational purposes and for other purposes.
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 Decatur-De-
Kalb News/Era which is the official organ of DeKalb County,
on the following date: January 17, 1985.
/s/ Troy A. Athon
Representative,
57th District
Sworn to and subscribed before me,
this 22nd day of January, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 18, 1985.
3732 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
GLYNN COUNTY CLERK OF THE SUPERIOR COURT;
PERSONNEL.
No. 82 (House Bill No. 421).
AN ACT
To amend an Act placing the clerk of the Superior Court
and the judge of the Probate Court of Glynn County on an an-
nual salary, approved March 12, 1972 (Ga. L. 1972, p. 3199),
as amended, particularly by an Act approved April 14, 1982
(Ga. L. 1982, p. 5046), so as to change the provisions relative
to the personnel of the clerk of superior court; to provide an
effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act placing the clerk of the Superior Court
and the judge of the Probate Court of Glynn County on an an-
nual salary, approved March 12, 1972 (Ga. L. 1972, p. 3199),
as amended, particularly by an Act approved April 14, 1982
(Ga. L. 1982, p. 5046), is amended by striking paragraph (2) of
subsection (a) of Section 5, which reads as follows:
"(2) The base annual salary of the persons employed
by the clerk shall be fixed by the clerk within the following
amounts:
chief deputy .....:........ $12,840.00 to $16,050.00
nine deputy clerks............ $7,062.00 to $10,914.00
The salaries of such personnel and their maximum sala-
ries may be increased annually by the clerk of superior court
by a percentage factor not to exceed the amount of the most
recent annual cost-of-living increase granted to employees
of the Glynn County governing authority. The clerk may
also hire any additional personnel required to be hired by
order of the Superior Court of Glynn County.,
in its entirety and inserting in lieu thereof a new paragraph
(2) of subsection (a) of Section 5 to read as follows:
GEORGIA LAWS 1985 SESSION
3733
"(2) The clerk shall have the authority to appoint such
deputies, clerks, assistants, and other personnel as he shall
deem necessary to discharge the official duties of his office
efficiently and effectively. He shall, from time to time, recom-
mend 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 author-
ity 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, during his term of office,
to designate and name the person or persons who shall be
employed as such deputies, clerks, assistants, or other em-i
ployees, and to prescribe their duties and assignments, and
to remove or replace any of such employees at will and within
his sole discretion.
Section 2. Said Act is further amended by striking subsec-
tion (c) of Section 5, which reads as follows:
"(c) It shall be within the sole power and authority of
each of said officers, during his respective term of office, to
designate and name the person or persons who shall be em-
ployed as such deputies, assistants or other employees, to
set their salaries within the limits of this Act, and to pre-
scribe their duties and assignments, and to remove or replace
any of such employees at will and within his sole discretion.,
in its entirety.
Section 3. This Act shall become effective July 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 given that there will be introduced at the regular
1985 session of the General Assembly of Georgia a bill to amend
an Act placing the clerk of the Superior Court and probate
judge of Glynn County on an annual salary, approved March
27, 1972 (Ga. L. 1972, p. 3199), as amended, so as to change
the provisions relative to the clerks personnel; and for other
purposes.
3734 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This 15 day of January, 1985.
Dean G. Auten
Representative,
156th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Dean G. Auten, who, on
oath, deposes and says that he is Representative from the 156th
District, and that the attached copy of Notice of Intention to
Introduce Local Legislation was published in the Brunswick
News which is the official organ of Glynn County, on the follow-
ing date: January 19, 1985.
/s/ Dean G. Auten
Representative,
156th District
Sworn to and subscribed before me,
this 23rd day of January, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 18, 1985.
GEORGIA LAWS 1985 SESSION
3735
THOMASTON OFFICE BUILDING AUTHORITY LOCAL
CONSTITUTIONAL AMENDMENT CONTINUED.
No. 83 (House Bill No. 432).
AN ACT
To continue in force and effect as a part of the Constitution
of the State of Georgia that constitutional amendment No. 106
(Res. Act 6, H.R. 14-16, Ga. L. 1964, Ex. Sess., p. 338), duly
ratified at the 1964 general election, which amendment created
the Thomaston Office Building Authority; to provide the author-
ity for this Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. That constitutional amendment No. 106 (Res.
Act 6, H.R. 14-16, Ga. L. 1964, Ex. Sess., p. 338), duly ratified
at the 1964 general election, which amendment created the
Thomaston Office Building Authority, shall not be repealed or
deleted on July 1, 1987, as a part of the Constitution of the
State of Georgia but is specifically continued in force and effect
on and after that date as a part of the Constitution of the State
of Georgia.
Section 2. This Act is passed pursuant to Article XI, Sec-
tion I, Paragraph IV of the Constitution of the State of Georgia
which authorizes the continuation of certain amendments to
the 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 hereby given that there will be introduced at the
regular 1985 Session of the General Assembly of Georgia, a
Bill to provide for continuation in force and effect, as part of
the Constitution ratified in the General Election in 1982, that
Constitutional Amendment (Ga. L. 1964, Extraordinary Session,
p. 338) creating the Thomaston Office Building Authority; to
repeal conflicting laws; and for like purposes.
3736 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This 21st day of December, 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 follow-
ing date: December 26, 1984.
/s/ Marvin Adams
Representative,
79th District
Sworn to and subscribed before me,
this 23rd day of January, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 18, 1985.
GEORGIA LAWS 1985 SESSION
3737
THOMASTON-UPSON COUNTY INDUSTRIAL
DEVELOPMENT AUTHORITY LOCAL
CONSTITUTIONAL AMENDMENTS CONTINUED.
No. 84 (House Bill No. 433).
AN ACT
To continue in force and effect as a part of the Constitution
of the State of Georgia that constitutional amendment No. 107
(Res. Act 111, H.R. 458-1094, Ga. L. 1964, p. 817), duly ratified
at the 1964 general election, which amendment created the
Thomaston-Upson County Industrial Development Authority,
and to continue in force and effect as a part of the Constitution
of the State of Georgia that constitutional amendment No. 75
(Res. Act 160, H.R. 705, Ga. L. 1982, p. 2607), duly ratified at
the 1982 general election, which amendment amended the above
1964 amendment and enlarged and expanded upon the types
and kinds of projects which the Thomaston-Upson County Indus-
trial Development Authority may undertake and in which it
may be engaged; to provide the authority for this Act; to repeal
conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. That constitutional amendment No. 107 (Res.
Act 111, H.R. 458-1094, Ga. L. 1964, p. 817), duly ratified at
the 1964 general election, which amendment created the Thom-
aston-Upson County Industrial Development Authority, and to
continue in force and effect as a part of the Constitution of
the State of Georgia that constitutional amendment No. 75 (Res.
Act 160, H.R. 705, Ga. L. 1982, p. 2607), duly ratified at the
1982 general election, which amendment amended the above
1964 amendment and enlarged and expanded upon the types
and kinds of projects which the Thomaston-Upson County Indus-
trial Development Authority may undertake and in which it
may be engaged, shall not be repealed or deleted on July 1,
1987, as a part of the Constitution of the State of Georgia but
are specifically continued in force and effect on and after that
date as a part of the Constitution of the State of Georgia.
3738 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2. This Act is passed pursuant to Article XI, Sec-
tion I, Paragraph IV of the Constitution of the State of Georgia
which authorizes the continuation of certain amendments to
the 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 hereby given that there will be introduced at the
regular 1985 Session of the General Assembly of Georgia, a
Bill to provide for continuation in force and effect, as part of
the Constitution ratified in the General Election in 1982, that
Constitutional Amendment (Ga. L. 1964, p. 817) creating the
Thomaston-Upson County Industrial Development Authority
and to also continue in full force and effect that Constitutional
Amendment (Ga. L. 1982, p. 2607) which enlarged and expanded
the types and kinds of projects the Thomaston-Upson County
Industrial Development Authority is authorized to undertake
and in which it may be engaged; to repeal conflicting laws; and
for like purposes.
This 21st day of December, 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 follow-
ing date: December 26, 1984.
/s/ Marvin Adams
Representative,
79th District
GEORGIA LAWS 1985 SESSION
3739
Sworn to and subscribed before me,
this 23rd day of January, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 18, 1985.
CITY OF THOMASTON WATER, SEWER, AND ELECTRIC
SYSTEM; LOCAL CONSTITUTIONAL AMENDMENT
CONTINUED.
No. 85 (House Bill No. 434).
AN ACT
To continue in force and effect as a part of the Constitution
of the State of Georgia that constitutional amendment No. 105
(Res. Act 130, H.R. 361-816, Ga. L. 1964, p. 897), duly ratified
at the 1964 general election, which amendment authorized the
City of Thomaston and its governing authority to combine and
operate the water and sewerage system and the electric system
of said City as one revenue producing utility and to contract
to serve and indemnify users of said facilities, both within and
without said City and to issue revenue bonds for acquiring, add-
ing to, extending and improving any facility of such combined
utility and to secure the payment of such bonds and interest
thereon by pledging the revenues of the combined utility for
that purpose; to provide the authority for this Act; to repeal
conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. That constitutional amendment No. 105 (Res.
Act 130, H.R. 361-816, Ga. L. 1964, p. 897), duly ratified at the
3740 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
1964 general election, which amendment authorized the City
of Thomaston and its governing authority to combine and oper-
ate the water and sewerage system and the electric system of
said City as one revenue producing utility and to contract to
serve and indemnify users of said facilities, both within and
without said City and to issue revenue bonds for acquiring, add-
ing to, extending and improving any facility of such combined
utility and to secure the payment of such bonds and interest
thereon by pledging the revenues of the combined utility for
that purpose, shall not be repealed or deleted on July 1, 1987,
as a part of the Constitution of the State of Georgia but is specifi-
cally continued in force and effect on and after that date as a
part of the Constitution of the State of Georgia.
Section 2. This Act is passed pursuant to Article XI, Sec-
tion I, Paragraph IV of the Constitution of the State of Georgia
which authorizes the continuation of certain amendments to
the 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 hereby given that there will be introduced at the
regular 1985 Session of the General Assembly of Georgia, a
Bill to provide for continuation in force and effect, as part of
the Constitution ratified in the General Election in 1982, that
Constitutional Amendment (Ga. L. 1964, p. 897) authorizing the
City of Thomaston and its governing authority to combine and
operate the water and sewerage system and electric system of
said city as one revenue undertaking and to issue revenue bonds
for the purpose of acquiring, adding to, extending and improving
any facility of such combined public utility for that purpose;
to provide the method and procedure for the issuance of said
bonds; to empower said city to contract with and indemnify
users (both within and without the limits of said city) of said
syste, to repeal conflicting laws; and for like purposes.
This 21st day of December, 1984.
Marvin Adams
Representative,
79th District
GEORGIA LAWS 1985 SESSION
3741
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 follow-
ing date: December 26, 1984.
/s/ Marvin Adams
Representative,
79th District
Sworn to and subscribed before me,
this 23rd day of January, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 18, 1985.
JEFFERSON COUNTY TAX COMMISSIONER;
COMPENSATION.
No. 86 (House Bill No. 443).
AN ACT
To amend an Act removing the tax commissioner of Jefferson
County from the fee system of compensation and placing him
on the salary system of compensation, approved February 15,
1983 (Ga. L. 1983, p. 3503), so as to change the compensation
of the tax commissioner; to provide an effective date; to repeal
conflicting laws; and for other purposes.
3742 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section I. An Act removing the tax commissioner of Jeffer-
son County from the fee system of compensation and placing
him on the salary system of compensation, approved February
15,1983 (Ga. L. 1983, p. 3503), is amended by striking subsections
(d) and (e) of Section 4 and by inserting a new subsection (d)
of Section 4 to read as follows:
"(d) The tax commissioner shall be compensated by an
annual salary of not less than $20,000.00, payable in equal
monthly installments from county funds. The county govern-
ing authority may supplement the tax commissioners sal-
ary, but the total annual salary of the tax commissioner
including any such supplement shall not exceed $23,000.00.
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 of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the
regular 1985 session of the General Assembly of Georgia, a bill
to alter the compensation schedule of the Tax Commissioner
of Jefferson County, and for other purposes.
This 2nd day of January, 1985.
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
GEORGIA LAWS 1985 SESSION
3743
to Introduce Local Legislation was published in the News and
Farmer and Wadley Herald which is the official organ of Jeffer-
son County, on the following date: January 10, 1985.
/s/ Emory E. Bargeron
Representative,
108th District
Sworn to and subscribed before me,
this 23rd day of January, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 18, 1985.
CITY OF HELEN NEW CHARTER.
No. 87 (House Bill No. 451).
AN ACT
To reincorporate and provide a new charter for the City of
Helen, Georgia; to provide for the corporate limits of the city,
the powers of the city, and the form and method of government
of the city; to provide for the administration of city affairs; to
provide for the municipal court of the city; to provide elections
for city offices; to provide for taxation by the city; to provide
for the financial management of the city; to provide for financial
and fiscal affairs of the city; to provide for municipal services
and regulatory functions; to provide general provisions; to pro-
vide for other matters relative thereto; to provide for specific
repeal; 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:
Article I
Incorporation and Powers
Section 1.10. Incorporation. The City of Helen in White
County is reincorporated by the enactment of this charter and
is constituted and declared a body politic and corporate under
the name of the "City of Helen. References in this charter to
"the city or "this city refer to the City of Helen. The city
shall have perpetual existence.
Section 1.11. Corporate boundaries, (a) The bound-
aries of this city shall be those existing on the effective date
of the adoption of this charter with such alterations as may
be made from time to time by local law or in the manner pro-
vided 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 of the city and to be designated, as the case
may be: "Official Map or Description of the Corporate Limits
of the City of Helen, Georgia. Photographic, typed, or other
copies of such map or description certified by the mayor shall
be admitted as evidence in all courts and shall have the same
force and effect as the original map or description.
0)) 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 but
such earlier maps shall be retained in the office of the mayor.
Section 1.12. Powers and construction, (a) This city
shall have all powers possible for a city to have under the present
or future Constitution and laws of this state as fully and com-
pletely as though they were specifically enumerated in this char-
ter.
(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.
GEORGIA LAWS 1985 SESSION
3745
Section 1.13. Examples of powers. The powers of this
city shall include, but not be limited to, the following powers:
(1) Ad valorem taxation: to levy, assess, and collect
ad valorem taxes on all taxable property in the city;
(2) Other taxes: to levy, assess, and collect other
taxes allowed by general law;
(3) Business regulation and taxation: to levy, assess,
and collect occupational and business taxes and to license
and regulate occupations and businesses;
(4) Appropriations: to make appropriations and ex-
pend funds for support of the city and any other lawful
purpose;
(5) Municipal debts: to borrow money and issue
bonds as authorized by general law;
(6) Property: to own property and interests in prop-
erty;
(7) Gifts: to accept gifts and grants for any purpose
related to the powers and duties of the city on such terms
as the donor may impose;
(8) Condemnation: to condemn property inside or
outside the city for present or future use;
(9) Municipal utilities: to acquire, lease, operate,
and dispose of public utilities;
(10) Public utilities: to grant franchises or make con-
tracts for public utilities and to prescribe the conditions
of such franchises and contracts;
(11) Roadways: to open, maintain, improve, and close
streets and roads and to grant franchises and rights of
way thereon;
(12) Public facilities: to acquire, operate, and dispose
of public buildings, public projects, parks, cemeteries, golf
courses, and other public improvements inside or outside
the city;
3746 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(13) Sidewalk maintenance: to require real-estate
owners to repair and maintain sidewalks adjoining their
land;
(14) Building regulation: to regulate the building
trades and the construction of buildings and to adopt
and enforce building, housing, plumbing, electrical, gas,
heating, and air-conditioning codes;
(15) Planning and zoning: to provide for city planning
by zoning, subdivision regulation, and the like;
(16) Police power: to exercise the police power for
the public safety and well-being of the city;
(17) Roadside regulation: to prohibit or regulate
signs, billboards, and other items upon or adjacent to
streets and roads;
(18) Health: to prescribe and enforce health and sani-
tation standards;
(19) Pollution: to regulate emissions which pollute
the air and water;
(20) Fire safety: to fix fire limits and to prescribe and
enforce fire-safety regulations;
(21) Public hazards: to provide for the destruction
or removal of public hazards;
(22) Waste disposal: to provide for and regulate the
collection, disposal, and recycling of garbage and wastes;
(23) Garbage fees: to fix and collect garbage fees;
(24) Sewer fees: to fix and collect sewer fees;
(25) Nuisances: to define and provide for the abate-
ment of nuisances;
(26) Property protection: to preserve and protect the
property of the city;
(27) Prisoners: to provide for public work by munici-
pal prisoners and for their confinement;
GEORGIA LAWS 1985 SESSION
3747
(28) Animal control: to regulate or prohibit the keep-
ing of animals;
(29) Motor vehicles: to regulate the operation and
parking of motor vehicles;
(30) Taxicabs: to regulate vehicles operated for hire
in the city;
(31) Pensions: to provide and maintain a system of
pensions and retirement for city employees and officers;
(32) Special assessments: to levy, assess, and collect
special assessments to cover the cost of public improve-
ments;
(33) Contracts: to enter into lawful contracts and
agreements;
(34) City agencies: to create, alter, or abolish depart-
ments, boards, offices, commissions, and agencies of the
city and to confer appropriate authority upon them;
(35) Penalties: to provide penalties for violations of
municipal ordinances as provided in Section 4.14;
(36) Police and fire protection: to exercise the power
of arrest through appointed policemen and to operate
a fire department;
(37) Emergencies: to provide for the determining,
proclamation, and combating of emergencies;
(38) Urban redevelopment: to organize and operate
an urban redevelopment program;
(39) Public transportation: to organize and operate
public transportation systems; .
(40) General health, safety, and welfare: to define,
regulate, and prohibit any act, practice, conduct, or use
of property which is detrimental to health, sanitation,
cleanliness, welfare, and safety of the inhabitants of the
city;
(41) Archives: to organize and operate a municipal
archives;
3748 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(42) Art: to encourage the development and apprecia-
tion of the arts;
(43) Architectural standards: to provide for and
maintain architectural and design standards throughout
the city; and
(44) Other powers: to exercise and enjoy all other
powers, functions, rights, privileges, and immunities nec-
essary or desirable to promote or protect the safety or
general welfare of the city and its inhabitants; to exercise
all implied powers necessary to carry into execution all
powers granted in this charter; and to exercise all powers
now or in the future authorized to be exercised by other
municipal governments under other laws of the State
of Georgia. No listing of particular powers in this charter
shall be held to be exclusive of others nor restrictive of
general words and phrases granting powers.
Section 1.14. Exercise of powers. All powers, functions,
rights, privileges, and immunities of the city, its officers, agen-
cies, or employees shall be carried into execution as provided
by the Constitution of Georgia, by general law, or by this charter.
If general law and this charter make no provision, such shall
be carried into execution as provided by ordinance.
Article II
Government Structure
Section 2.10. City council creation; composition; num-
ber; election. The legislative authority of the government of
this city, except as otherwise specifically provided in this char-
ter, 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. One member of the council, elected as provided
for in Section 2.27, shall be designated as the mayor.
Section 2.11. City council terms and qualification for
office. The members of the city council shall serve for terms
of two years and until their respective successors are elected
and qualified. No person shall be eligible to serve as a council
member unless he or she is a qualified municipal voter, 21 years
of age, and shall have been a resident of the city for one year
immediately prior to the date of his or her election. Each city
GEORGIA LAWS 1985 SESSION
3749
council member shall continue to reside therein during such
members period of service.
Section 2.12. Vacancy; filling of vacancies. A vacancy
shall exist if a member of the city council resigns, dies, moves
his or her residence from the city, has been continuously dis-
abled for a period of six months so as to prevent him or her
from discharging the duties of his or her office, or is convicted
of malfeasance or misfeasance in office, or of a felony, or of a
violation of this Act or a violation of the election laws of the
state. The city council shall appoint a qualified person to fill
such a vacancy for the remainder of the unexpired term. If a
tie vote by the city council to fill a vacancy is unbroken for
15 days, the mayor or mayor pro tempore shall appoint a quali-
fied person to fill the vacancy. At no time shall there be more
than two members so appointed holding office and, if a vacancy
occurs with two members so appointed on the city council, a
special election shall be held by the city election managers
within 45 days following the occurrence of the vacancy, at which
election a city council member shall be elected to serve the
remainder of the unexpired term of the vacant office, provided
that no such election shall be held if a regular annual election
will occur within six months. Candidates in such a special elec-
tion will occur within six months. Candidates in such a special
election shall be nominated as provided in Section 2.11 of this
Act. The special election shall be held and conducted in accor-
dance with the "Georgia Municipal Election Code.
Section 2.13. Compensation and expenses, (a) Begin-
ning on the effective date of this charter, the compensation of
the council member selected as mayor shall be $150.00 per
month and the compensation of the other council members shall
be $100.00 per month.
(b) In the event any one or more of the city council members
travels beyond the limits of the county in connection with the
business affairs of the city in performance of his or her duty
as city council member, he or she shall be reimbursed for all
necessary expenses incurred for travel, lodging, and meals as
may be authorized by city council.
Section 2.14. Holding other office. Except as authorized
by general state law, a city council member shall not hold any
3750 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
other city office or employment during the term for which he
or she was elected.
Section 2.15. Conflict of interest, (a) No elected offi-
cial, appointed officer, or employee of the city or any agency
or political entity to which this charter applies shall knowingly:
(1) Engage in any business or transaction or have a
financial or other personal interest, direct or indirect,
which is incompatible with the proper discharge of his
or her official duties or which would tend to impair his
or her independence of judgment or action in the perfor-
mance of his or her 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
or her official duties or would tend to impair the indepen-
dence of his or her 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 interests of himself or herself
or others;
(4) Accept any valuable gift, whether in the form
of service, loan, thing, or promise, from any person, firm,
or corporation which to his or her knowledge is inter-
ested, directly or indirectly, in business dealings with
the governmental body by which he or she is engaged;
provided, however, that an elected official who is a candi-
date 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 gov-
ernment; 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.
GEORGIA LAWS 1985 SESSION
3751
(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 depart-
ment of the city shall disclose such private interest to the city
council. Any city 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 pro-
mulgated 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.
(e) (1) Any city officer or employee who knowingly con-
ceals such financial interest or knowingly violates any of
the requirements of this section shall be guilty of malfea-
sance in office or position and shall be deemed to have for-
feited his or her office or position.
(2) Any officer or employee of the city who shall forfeit
his or her office or position as described in paragraph (1)
above shall be ineligible for appointment or election to, or
employment in, a position in the city government for a period
of three years 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
3752 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 pun-
ished as provided by ordinance.
Section 2.17. General power and authority of the city
council. Except as otherwise provided by this charter, the city
council shall be vested with all the powers of government of
this city as provided by Article I.
Section 2.18. Organization meeting. The city council
shall meet for organization on the second Tuesday in January
of each year or as soon thereafter as practicable. The meeting
shall be called to order by the city clerk and the oath of office
shall be administered to the newly elected members as follows:
"X do solemnly swear (or affirm) that I will faithfully
perform the duties of a city council member 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 other members of the city council.
Notice of such special meetings shall be served on all other
members personally, or by telephone personally, at least 24
hours in advance of the meeting. Such notice to council members
shall not be required if all city council members are present
when the special meeting is called. Such notice of any special
meeting may be waived by a council member in writing before
or after such a meeting, and attendance at the meeting shall
also constitute a waiver of notice on any business transacted
in such council members presence. Except where waiver by
all members is effected by their presence or in writing, only
the business stated in the call may be transacted at the special
meeting.
(c) All meetings of the city council shall be public to the
extent required by general state law and notice to the public
of all meetings shall be made as required by general state law.
GEORGIA LAWS 1985 SESSION
3753
Section 2.20. Rules of procedure, (a) The city council
shall adopt its rules of procedure and order of business consistent
with the provisions of this charter and shall provide for keeping
minutes of its proceedings, which shall be a public record.
(b) All committees and committee chairmen and officers
of the city council shall be appointed by the city council. The
city council, by a majority vote, shall have the power to remove
members of any committee and the power to appoint new mem-
bers to any committee, at any time, within the city councils
discretion.
Section 2.21. Quorum; voting. Three city council mem-
bers 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 minutes, 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 votes cast shall be required for the
adoption of any ordinance, resolution, or motion except as other-
wise provided in this charter.
Section 2.22. Ordinance form; procedure; notice and
reading, (a) Every proposed ordinance shall be introduced
in writing and in the form required for final adoption. The enact-
ing clause shall be: "The Council of the City of Helen hereby
ordains.... and every ordinance shall so begin.
(b) An ordinance may be introduced by any council mem-
ber. Before an ordinance can be voted on, it should be read
twice and posted at city hall during the period between the
two readings. The first reading should be of the entire ordinance
and the second reading, which must take place no sooner than
two weeks after the first reading, may be by title only.
(c) Upon passage, all ordinances shall be signed by the
mayor, or mayor pro tempore if presiding, and the city clerk.
(d) Failure to comply with the technical requirements of
this section shall not invalidate an ordinance if the intention
of the governing authority that the ordinance be effective is
evident.
Section 2.23. Notwithstanding any other provisions of this
charter, acts of the city council which have the force and effect
3754 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 2.24. 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 city council members
and promptly adopt an emergency ordinance, but such ordi-
nance may not levy taxes, grant, renew, or extend a franchise,
regulate the rate charged by any public utility for its services,
or authorize the borrowing of money except for loans to be repaid
within 30 days. An emergency ordinance shall be introduced
in the form prescribed for ordinances generally, except that it
shall be plainly designated as an emergency ordinance and shall
contain, after the enacting clause, a declaration stating that
an emergency exists and describing it in clear and specific terms.
It shall become effective upon adoption or at such later time
as it may specify. Every emergency ordinance shall automati-
cally stand repealed 30 days following the date upon which it
is adopted, but this shall not prevent reenactment of the ordi-
nance 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 regula-
tions by reference thereto in an adopting ordinance. The proce-
dure and requirements governing such adopting ordinance shall
be as prescribed for ordinances generally.
(b) Copies of any adopted code of technical regulations shall
be made available by the clerk for distribution or for purchase
at a reasonable price.
Section 2.26. Signing; authenticating; recording; codi-
fication; printing, (a) The clerk shall authenticate by his
or her signature and record in full in a properly indexed book
kept for the purpose all ordinances adopted by the council.
(b) The city council shall provide for the preparation of a
general codification of all of the ordinances of the city having
GEORGIA LAWS 1985 SESSION
3755
the force and effect of law. The general codification shall be
adopted by the city council and shall be published as soon as
is practicable, together with all amendments thereto and such
codes of technical regulations and other rules and regulations
as the city council may specify. Ordinance codification shall
be updated at least every two years. This compilation shall be
known and cited officially as "The Code of the City of Helen,
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 published as soon as is practica-
ble following its adoption, and the published ordinances and
charter amendments shall be made available for purchase by
the public at reasonable prices to be fixed by the city council.
Following publication of the first code under this charter and
at all times thereafter, the 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 distribu-
tion of any current changes in or additions to codes of technical
regulations and other rules and regulations included in the
code.
Section 2.27. Election of mayor. At the first meeting
held during each calendar year, the council shall elect one of
the council members as mayor of the City of Helen. The council
member so elected shall continue to hold the title of mayor
for one year thereafter, and successors shall be elected by the
council for each year.
Section 2.28. Powers and duties of mayor. The city
council member elected as mayor shall have no more authority
than any of the other council members, except that he or she
shall act as chairperson at all meetings of the council, shall,
upon approval by the council, sign the minutes of such meetings,
shall act as mayor of said city on all ceremonial occasions, and
shall have such other authority and duties as hereinafter pro-
vided. The mayor shall be an ex officio member of all boards
of which the mayor of said city is now ex officio a member.
3756 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2.29. Mayor pro tempore. The city council at
the first regular meeting, after the newly elected council mem-
bers have taken office following each annual election, shall elect
from its membership a mayor pro tempore for a term of one
year. In the event that no decision is reached at such first regular
meeting, the city council shall elect from its membership, within
ten days following such meeting, the mayor pro tempore; other-
wise the council member who received the highest number of
votes when he or she was last elected shall become the mayor
pro tempore. The mayor pro tempore shall perform the duties
of the mayor during his or her absence or inability to act and
shall fill out any unexpired term in the office of mayor, in which
case a new mayor pro tempore shall be elected by majority
vote of the city council.
Section 2.30. City manager and acting city manager,
(a) Appointment of city manager; compensation. The city coum
cil shall appoint, for a term as arranged by an employment
contract of not less than a one-year term, an officer of not less
than 25 years of age whose title shall be city manager and
who shall be the head of the administrative branch of the city
government. The city manager shall be chosen by the city coun-
cil on the basis of qualifications for the position as such with
special reference to actual experience in and knowledge of the
duties of the office as hereinafter prescribed. The city manager
shall have received a bachelors degree as a minimum educa-
tional requirement or, in lieu thereof, a minimum of five years
experience in a city in a supervisory capacity. The city manager
shall serve at the pleasure of the city council and according
to the terms of an employment agreement between the city
council and the city manager. The city manager shall receive
such salary as the city council may fix.
(b) Acting city manager. By letter filed with the city clerk,
the city manager shall designate, subject to approval of the
city council, a qualified city administrative officer to execute
the powers and perform the duties of the city manager during
the managers temporary absence or disability.
Section 2.31. Powers and duties of city manager, (a)
The city manager shall be responsible to the city council for
the proper administration of all affairs of the city. As chief
administrator, the city manager shall have the power to appoint
GEORGIA LAWS 1985 SESSION
3757
and remove all officers, department heads, and employees in
the administrative service of the city; and these officers, depart-
ment heads, and employees shall be administratively responsi-
ble to the city manager, except the city attorney and the city
judge who shall be appointed by the city council. The city man-
ager shall report every appointment and removal of a depart-
ment head to the city council at the council meeting next follow-
ing the appointment or removal. It shall be the duty of the
city manager to supervise the administration of the affairs of
the city; to see that the ordinances, resolutions, and regulations
of the city council and the laws of the state are faithfully exe-
cuted and enforced; to make such recommendations to the city
council concerning the affairs of the city as he or she shall
deem expedient; to keep the city council advised of the financial
condition and future financial needs of the city; to attend all
meetings of the city council; and to prepare and to submit to
the city council such reports as may be deemed expedient or
as may be required by the city council. The city manager shall
perform such other functions as assigned by the city council;
provided, however, remuneration shall not exceed the amount
of salary fixed in Section 2.30.
(b) The city manager shall be designated and given author-
ity to delete duties as the purchasing agent, the personnel officer,
and the finance officer of the City of Helen. The city manager
shall have responsibility for preparing and implementing the
budget following budgetary review and adoption by the council
in regular meeting. All department heads employed by the city
manager shall be administratively accountable to the city man-
ager. All department heads employed by the legislative body
shall be administratively communicative with the city manager.
Article III
Administrative Affairs
Section 3.10. Administrative and service depart-
ments. (a) Except as otherwise provided in this charter, the
city council, by ordinance, shall prescribe the functions or duties
of and establish, abolish, or alter all nonelective offices, positions
of employment, departments, and agencies of the city as neces-
sary for the proper administration of the affairs and government
of this city.
3758 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(b) Except as otherwise provided by this charter or general
state law or federal law, the directors of departments and other
appointed officers of the city shall be appointed solely on the
basis of their respective administrative and professional qualifi-
cations.
(c) All appointive officers and directors of departments
shall receive such compensation as prescribed by ordinance.
(d) There shall be a director of each department or agency
who shall be its principal officer. Each director shall, subject
to the direction and supervision of the city manager, be responsi-
ble for the administration and direction of the affairs and opera-
tions of his or her department or agency.
Section 3.11. Boards, commissions, and authorities,
(a) The city council shall create by ordinance such boards, com-
missions, and authorities to fulfill any investigative, quasi-judi-
cial, or quasi-legislative functions as the city council deems nec-
essary 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 man-
ner of appointment is prescribed by this charter or general state
law.
(c) The city council, by ordinance, may provide for the com-
pensation and reimbursement for actual and necessary expenses
of the members of any board, commission, or authority.
(d) Except as specifically authorized by general law, no
member of any board, commission, or authority shall hold any
elective office in the city.
(e) Any vacancy on a board, commission, or authority of
the city shall be filled for the unexpired term in the manner
prescribed herein for original appointment, except as otherwise
provided by this charter, by general law, or by ordinance.
GEORGIA LAWS 1985 SESSION
3759
(f) No member of a board, commission, or authority shall
assume office until he or she has executed and filed with the
clerk of the city an oath obligating himself or herself to perform
faithfully and impartially the duties of his or her office, such
oath to be prescribed by ordinance and administered by the
mayor.
(g) Any member of a board, commission, or authority may
be removed from office for cause by a majority vote of the city
council.
(h) Except as otherwise provided by this charter or by gen-
eral state law, each board, commission, or authority of the city
shall elect one of its members as chairman and one member
as vice-chairman and one member as secretary. Each board,
commission, or authority of the city government may establish
such bylaws, rules, and 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, (a) Appointment; qualifi-
cations; term. The city council shall appoint a city attorney
who shall be a member of the State Bar of Georgia and shall
have actively practiced law for at least one year. The city attor-
ney shall serve at the pleasure of the city council.
(b) Duties of the city attorney; compensation. It shall be
the duty of the city attorney to serve as legal advisor to the
city council, city manager, and other city officials with respect
to the affairs of the city; to draw proposed ordinances when
requested to do so; to inspect and determine the legality and
form of all agreements, contracts, franchises, and other instru-
ments with which the city may be concerned; to attend meetings
of the city council; and to perform such other duties as may
be required by virtue of the position of city attorney. The salary
of the city attorney shall be set by the city council.
Section 3.13. City clerk. The city manager shall appoint
an officer who shall perform the duties of the city clerk and
who shall keep a journal of the proceedings of the city council,
maintain a safe place for all records and documents pertaining
3760 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
to the affairs of the city, and perform such other duties as may
be required by law or as the city manager may direct, including
but not limited to the office of city treasurer.
Section 3.14. Personnel policies. The city council may
adopt rules and regulations consistent with this charter concern-
ing:
(1) The method of employee selection and probation-
ary periods of employment;
(2) The administration of a position classification
and pay plan;
(3) Hours of work, vacation, sick leave and other
leaves of absence, overtime pay, retirement, and the man-
ner in which layoff shall be effected; and
(4) Such other personnel policies as may be neces-
sary to provide for adequate and systematic handling
of the personnel affairs of the City of Helen.
Section 3.15. Comprehensive land use plan. A compre-
hensive land use plan shall be adopted by the city council within
five years upon the effective date of this charter and official
updates to this plan shall be made at least every five years
thereafter.
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 Helen.
Section 4.11. Chief judge; associate judge, (a) The
municipal court shall be presided over by a chief judge and
such part-time, full-time, or stand-by associate judges as shall
be provided by ordinance.
(b) No person shall be qualified or eligible to serve as a
judge on the municipal court unless he or she shall have attained
the age of 21 years and is a member of the State Bar of Georgia.
GEORGIA LAWS 1985 SESSION
3761
The city judge need not be a resident of the City of Helen. No
other officers of the City of Helen may serve as the city judge.
All judges shall be appointed by the city council. Upon the effec-
tive date of this charter, the present residing city judge may
be eligible to continue holding office subject to the approval of
the city council.
(c) Compensation of the judges shall be fixed by ordinance.
(d) Judges may be removed for cause by a majority vote
of the city council.
(e) Before entering on the duties of his or her office, each
judge shall take an oath given by the mayor that he or she
will honestly and faithfully discharge the duties of his or her
office to the best of his or her ability without fear, favor, or
partiality. The oath shall follow the form as set out in Section
2.18 and shall be entered upon the minutes of the city council.
Section 4.12. Clerk of municipal court. The city man-
ager shall designate, subject to the approval of the chief judge
of the Municipal Court of the City of Helen, a municipal em-
ployee to serve as the clerk of the municipal court. The clerk
of the municipal court shall attend all hearings and be responsi-
ble for all records of said municipal court.
Section 4.13. Convening. The municipal court shall be
convened at regular intervals as designated by ordinance or
as provided by ordinance.
Section 4.14. Jurisdiction; power, (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 punish-
ment shall not exceed $200.00 or 10 days in jail or both.
(c) The municipal court may fix punishment for offenses
within its jurisdiction not exceeding a fine of $500.00 or impris-
onment for 30 days or both or may sentence any offender upon
conviction to labor for the city on the streets, sidewalks, squares,
or other public places for a period not exceeding 60 days. A
3762 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
fine levied by the municipal court shall not be subject to suspen-
sion, stay, or probation except that, if the fine will impose an
economic hardship on the defendant, the judge of the municipal
court, in his sole discretion, may order the defendant to pay
such fine in installments and such order may be enforced
through a contempt proceeding.
(d) The municipal court shall have authority to establish
a schedule of fees to defray the cost of operation and shall be
entitled to reimbursement of the cost of meals, transportation,
and caretaking of prisoners bound over to superior courts for
violations of state law.
(e) The municipal court shall have authority to establish
bail and recognizances to ensure the presence of those charged
with violations before said court and shall have discretionary
authority to accept cash or personal or real property as surety
for the appearance of persons charged with violations. Whenever
any person shall give bail for his or her appearance and shall
fail to appear at the time fixed for trial, his or her bond shall
be forfeited by the judge presiding at such time. In the event
that cash or property is accepted in lieu of bond for security
for the appearance of a defendant at trial and if such defendant
fails to appear at the time and place fixed for trial, the cash
so deposited shall be on order of the judge declared forfeited
to the city, or the property so deposited shall have a lien against
it for the value forfeited, which lien shall be enforceable in
the same manner and to the same extent as a lien for city
property taxes.
(f) The municipal court shall have the authority to bind
prisoners over to the appropriate court when it appears by prob-
able cause that 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 pos-
session of any party, to enforce obedience to its orders, judg-
ments, and sentences, and to administer such oaths as are neces-
sary.
(h) The municipal court may compel the presence of all
parties necessary to a proper disposal of each case by the is-
suance of summonses, subpoenas, and warrants which may be
GEORGIA LAWS 1985 SESSION
3763
served as executed by any officer as authorized by this charter
or by general state law. All judges of the municipal court and
the clerk of the municipal court are authorized to issue warrants
for the arrest of persons charged with offenses against any ordi-
nance of the city.
(i) The municipal court is specifically vested with all of
the jurisdiction and powers throughout the entire area of this
city granted by general state laws to mayors, recorders, and
police courts, and particularly by such laws as authorize the
abatement of nuisances and prosecution of traffic violations.
Section 4.15. 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 appropriate court of White County
under the laws of the State of Georgia regulating the granting
and issuance of writs of certiorari.
Section 4.16. 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 to secure the
proper administration of the municipal court and to require
the prosecution by a council appointed solicitor; provided, how-
ever, 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 regula-
tions made or adopted shall be filed with the city clerk, shall
be available for public inspection, and, upon request, a copy
shall be furnished to all defendants in municipal court proceed-
ings.
Article V
Elections
Section 5.10. Applicability of general laws. All prima-
ries and elections shall be held and conducted in accordance
with the provisions of 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 Wednesday in December, 1985, and on that
3764 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
day annually thereafter, there shall be an election for successors
to members of the city council whose terms will expire the fol-
lowing January. The terms of office shall begin at the time of
taking the oath of office as provided in Section 2.18 of this char-
ter.
(b) The city 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.
(c) In December, 1985, two council members will be elected
for two-year terms to replace those three current members
whose terms end on the second Tuesday of January, 1986. In
December, 1986, three members of the city council will be
elected for two-year terms to replace those three current mem-
bers of the city council whose terms expire on the second Tues-
day of January, 1987.
Section 5.12. 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 5.13. Election by plurality. The person receiv-
ing a plurality of the votes cast for any city office shall be elected.
Run-off elections shall be held on the fourteenth day following
a regular election.
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 re-
payment 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 meth-
ods. The city council, by ordinance, shall establish a millage
rate for the city property tax, a due date, and in what length
GEORGIA LAWS 1985 SESSION
3765
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 and may authorize the voluntary payment
of taxes prior to the time when due.
Section 6.12. Occupation and business taxes. The city
council, by ordinance, shall have the power to levy such occupa-
tion 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, occupa-
tions, 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, if unpaid, shall be col-
lected 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 necessi-
tates.
Section 6.14. Franchises. The city council shall have the
power to grant franchises for the use of the citys streets and
alleys for the purposes of railroads, street railways, telephone
companies, electric companies, cable television, gas companies,
transportation 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.
Section 6.15. Service charges. The city council, by ordi-
nance, shall have the power to assess and collect fees, charges,
and tolls for sewer, sanitary, health services, or any other ser-
vices rendered within and without the corporate limits of the
3766 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
city. 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 pub-
lic 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. The city coun-
cil shall be empowered to levy any other tax allowed now or
hereafter by state law and the special mention of any right,
power, or authority in this article shall not be construed as
limiting in any way the general powers of this city to govern
its local affairs.
Section 6.18. Collection of delinquent taxes and fees.
The city council, by ordinance, may provide generally for the
collection of delinquent taxes, fees, or other revenue due the
city by whatever reasonable means as are not precluded by gen-
eral 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 coun-
cil shall have the power to issue bonds for the purpose of raising
revenue to carry out any project, program, or venture authorized
under this charter or the general laws of the state. Such bonding
authority shall be exercised in accordance with the laws govern-
ing 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.
GEORGIA LAWS 1985 SESSION
3767
Section 6.21. Short-term loans. Any short-term loan ob-
tained by the city must be repaid by December 31 of the year
in which the loan was obtained unless otherwise provided by
present or future state law.
Section 6.22. Fiscal year. The city council shall set the
fiscal year by ordinance. This fiscal year shall constitute the
budget year and the year for financial accounting and reporting
of each and every office, department, agency, and activity of
the city government, unless otherwise provided by general state
or federal law.
Section 6.23. Action by city council on budget,
(a) The city council shall adopt and may thereafter amend
an annual budget, except that the budget as finally adopted
and amended must provide for all expenditures required by state
law or by other provisions of this charter and for all debt service
requirements for the ensuing fiscal year and the total appropria-
tions from any fund shall not exceed the estimated fund balance,
reserves, and revenues.
(b) The city council, by resolution, shall adopt the final
budget for the ensuing fiscal year not later than the first day
of the fiscal year.
(c) The amount set out in the adopted budget for each orga-
nizational unit shall constitute the annual appropriation for
such; and no expenditure shall be made or encumbrance created
in excess of the otherwise unencumbered balance of the appro-
priations or allotment thereof to which it is chargeable unless
by a majority vote of the city council.
Section 6.24. Tax levies. As the next order of business
following adoption of the budget, the city council shall levy,
by ordinance, such taxes as are necessary. The taxes and tax
rates set by such ordinance shall be such that reasonable esti-
mates 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 amount operating
budget for defraying the expenses of the general government
of this city.
3768 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 6.25. Changes in appropriations. The city
council, by majority vote, may make changes in the appropria-
tions contained in the current operating budget at any regular
meeting or special or emergency meeting called for such pur-
pose.
Section 6.26. Independent audit. There shall be an an-
nual 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 auditing standards. Any audit of any funds by the
state or federal governments may be accepted as satisfying the
requirements of this charter. Copies of all audit reports shall
be available at printing cost to the public.
Section 6.27. Contracting procedures. No contract
with the city shall be binding on the city unless:
(1) It is in writing;
(2) It is drawn by or submitted to and reviewed by
the city attorney; and
(3) It is made or authorized by the city council and
such approval is entered in the city council minutes.
Section 6.28. Centralized purchasing. The city council
may prescribe procedures for a system of centralized purchasing
for the city.
Section 6.29. Sale of city property, (a) The city coun-
cil may sell and convey any real or personal property owned
or held by the city for governmental or other purposes as pro-
vided 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
city manager and adoption of a resolution, both finding that
the property is not needed for public or other purposes and
that the interest of the city is of no readily ascertainable mone-
tary value.
(c) Whenever in opening, extending, or widening any street,
avenue, alley, or public place of the city, a small parcel or tract
GEORGIA LAWS 1985 SESSION
3769
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 city manager to execute and deliver in the name
of the city a deed conveying said cutoff or separated parcel or
tract of land to an abutting or adjoining property owner or
owners in exchange for rights of way of said street, avenue,
alley, or public place or in settlement of any alleged damages
sustained by said abutting or adjoining property owner. All
deeds and conveyances heretofore and hereafter so executed
and delivered shall convey all title and interest the city has
in such property, notwithstanding the fact that no public sale
after advertisement was or is hereafter made.
Article VII
General Provisions
Section 7.10. Official bonds. The officers and employees
of this city, both elective and appointive, shall execute such
official bonds in such amounts and upon such terms and condi-
tions 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 pro-
vided by the city council.
Section 7.13. Effective date. This Act shall become effec-
tive on December 1, 1985.
Section 7.14. Specific repealer. An Act incorporating
the City of Helen in White County, approved April 28, 1969
(Ga. L. 1969, p. 3978), is repealed in its entirety and all amenda-
tory Acts thereto are likewise repealed in their entirety.
Section 7.15. Repealer. All laws and parts of laws in
conflict with this Act are repealed.
3770 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Notice of Intent to Introduce Legislation.
Notice is hereby given that legislation will be introduced
in the 1985 session of the General Assembly relative to a new
charter for the City of Helen, Georgia.
Publishers Affidavit.
State of Georgia.
County of White;
Before me, the undersigned, Notary Public, this day person-
ally came Bobby E. Williams, who, being first duly sworn, accord-
ing to law, says that he is the publisher of the White County
News, official newspaper published at Cleveland, in said county
and State, and that the publication, of which the annexed is a
true copy, was published in said paper on the 17th day of Janu-
ary, 1985, as provided by law.
/s/ Bobby E. Williams
Publisher
Subscribed and sworn before me,
this 23rd day of January, 1985.
/s/ Jane B. Long
Notary Public.
My Commission expires Oct. 28, 1988.
(SEAL).
Approved March 18, 1985.
GEORGIA LAWS 1985 SESSION
3771
DeKALB COUNTY CIVIL SERVICE AND MERIT SYSTEM;
LOCAL CONSTITUTIONAL AMENDMENT CONTINUED.
No. 88 (House Bill No. 468).
AN ACT
To continue in force and effect as a part of the Constitution
of the State of Georgia that constitutional amendment (Res.
Act 39, H.R. 52-291c, Ga. L51949, p. 2137), duly ratified at the
1950 general election and proclaimed by the Governor to be a
part of the Constitution of 1945 and continued as a part of
the Constitution of 1976 and the Constitution of 1983, which
amendment authorizes the General Assembly to enact laws cre-
ating a civil service and merit system for county employees
and employees of county officers of DeKalb County; to provide
the authority for this Act; to repeal conflicting laws; and for
other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. That constitutional amendment (Res. Act 39,
H.R. 52-291c, Ga. L. 1949, p. 2137), duly ratified at the 1950
general election and proclaimed by the Governor to be a part
of the Constitution of 1945 and continued as a part of the Consti-
tution of 1976 and the Constitution of 1983, which amendment
authorizes the General Assembly to enact laws creating a civil
service and merit system for county employees and employees
of county officers of DeKalb County, shall not be repealed or
deleted on July 1, 1987, as a part of the Constitution of the
State of Georgia but is specifically continued in force and effect
on and after that date as a part of the Constitution of the State
of Georgia.
Section 2. This Act is passed pursuant to Article XI, Sec-
tion I, Paragraph IV of the Constitution of the State of Georgia
which authorizes the continuation of certain amendments to
the Constitution.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
3772 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 legisla-
tion to continue in force and effect as a part of the Constitution
of the State of Georgia that constitutional amendment relating
to the Creation of Civil Service Commission and Merit System
for County Employees, which was proposed by resolution act
39 of the 1949 General Assembly and was duly ratified at the
1950 General Election "Ga. L. 1949, p. 2137.
Manuel J. Maloof
Chief Executive Officer
DeKalb County.
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 Dis-
trict, and that the attached copy of Notice of Intention to Intro-
duce Local Legislation was published in the Decatur-DeKalb
NewsEra which is the official organ of DeKalb County, on the
following date: January 10, 1985.
/s/ Peggy Childs
Representative,
53rd District
Sworn to and subscribed before me,
this 23rd day of January, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 18, 1985.
GEORGIA LAWS 1985 SESSION
3773
STATE COURT OF FULTON COUNTY AND MUNICIPAL
COURT OF ATLANTA COSTS AND FEES OF CLERK AND
MARSHAL.
No. 89 (House Bill No. 469).
AN ACT
To amend an Act establishing a municipal court of the City
of Atlanta (now a division of the State Court of Fulton County),
approved August 20, 1913 (Ga. L. 1913, p. 145), as amended,
particularly by an Act approved March 18, 1980 (Ga. L. 1980,
p. 3309), so as to revise certain costs and service fees charged
by the clerk and marshal of said court; to provide an effective
date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act establishing a municipal court of the
City of Atlanta (now a division of the State Court of Fulton
County), approved August 20, 1913 (Ga. L. 1913, p. 145), as
amended, particularly by an Act approved March 18, 1980 (Ga.
L. 1980, p. 3309), is amended by striking subsections (a), (b),
and (c) of Section 49 in their entirety and substituting in lieu
thereof new subsections (a), (b), and (c) to read as follows:
"(a) Except as hereinafter provided, the total cost, in-
cluding the first judgment and fi. fa. for all suits or proceed-
ings of any character, except garnishment and proceeding
against tenant holding over, irrespective of how they shall
be terminated, shall be $21.00 plus $5.00 for each defendant
more than one; provided, however, where the principal
amount involved is $300.00 or more, the cost shall be $27.00
plus $5.00 for each defendant more than one.
(b) The total cost, except as hereinafter provided, for
a garnishment proceeding, irrespective of how it shall be
terminated, shall be $21.00 plus $5.00 for each summons
more than one; provided, however, where the principal
amount involved is $300.00 or more, the cost shall be $27.00
plus $5.00 for each summons more than one.
3774 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(c) The total cost, except as hereinafter provided, for
a proceeding against tenant holding over, irrespective of how
it shall be terminated, shall be $21.00 plus $5.00 for each
defendant more than one.
Section 2. This Act shall become effective on the first day
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 1985 session of the General Assembly of Georgia a bill
to amend an Act establishing a Municipal Court of the City
of Atlanta (now a division of the State Court of Fulton County),
approved August 20, 1913, (Ga. L. 1913, p. 145), as amended,
particularly by an Act approved February 24,1976, (Ga. L. 1976,
p. 3023), creating a State Court of Fulton County, and for other
purposes.
This 11th day of January, 1985.
Sanford J. Jones
Chief ClerkCourt
Administrator,
State Court of Fulton
County
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Luther S. Colbert, who,
on oath, deposes and says that he 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 16, 1985.
/s/ Luther S. Colbert
Representative,
23rd District
GEORGIA LAWS 1985 SESSION
3775
Sworn to and subscribed before me,
this 24th day of January, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 18, 1985.
TOWN OF SUMNER MAYOR AND COUNCIL;
ELECTIONS; TERMS.
No. 90 (House Bill No. 472).
AN ACT
To amend an Act incorporating the Town of Sumner in
Worth County, approved August 9,1883 (Ga. L. 1882-83, p. 291),
so as to provide that the town council shall be elected from
posts; to provide for terms of office of two years for the mayor
and council; to change the election day; to provide for election
matters relative thereto; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act incorporating the Town of Sumner in
Worth County, approved August 9,1883 (Ga. L. 1882-83, p. 291),
is amended by striking in their entirety Sections 3, 4, and 5
and inserting in their place new Sections 3, 4, and 5 to read
as follows:
"Section 3. (a) The members of the town council in
office on the effective date of this section shall serve out
the remainder of their respective terms. For the purposes
3776 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
of election to the town council, each membership seat shall
be deemed a post. The present officeholders with respective
posts are:
(1) Post 1 Herbert Cone;
(2) Post 2 Turner Martin;
(3) Post 3 John V. Haman; and
(4) Post 4 Edgar Sinclair
Ob) At the general municipal election to be held on the
second Wednesday of January, 1986, members elected from
Posts 1 and 3 shall be elected for a term to end on December
31,1986. Members elected from Posts 2 and 4 in such election
shall be elected for a term to end on December 31, 1987.
The mayor shall be elected for a term to end on December
31, 1987.
(c) (1) Beginning in December, 1986, the municipal
election for the Town of Sumner shall be held on the
second Wednesday in December.
(2) At the December, 1986, election, and biennially
thereafter, there shall be elected council members from
Posts 1 and 3 for a term of two years and until successors
are elected and qualified. Such members shall take office
on January 1 following their election.
(3) At the December, 1987, election, and biennially
thereafter, there shall be elected council members from
Posts 2 and 4 and the town mayor. They shall be elected
for terms of two years and until successors are elected
and qualified. Such members and the mayor shall take
office on January 1 following their election.
Section 4. Elections shall be held and conducted in ac-
cordance with Chapter 3 of Title 21 of the O.C.G.A., the
'Georgia Municipal Election Code.
Section 5. The mayor and council shall appoint an elec-
tion superintendent to serve at the pleasure of such officers.
GEORGIA LAWS 1985 SESSION
3777
The election superintendent shall receive such compensation
as shall be set by the mayor and council.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular
1985 session of the General Assembly of Georgia a bill to amend
an Act incorporating the Town of Sumner in Worth County,
approved August 9, 1883 (Ga. L. 1882-83, p. 291); and for other
purposes.
This 14th day of January, 1985.
James Trammell
Mayor,
Sumner City Council
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 News which is the official organ of Worth County, on
the following date: January 17, 1985.
/s/ Earleen Sizemore
Representative,
136th District
Sworn to and subscribed before me,
this 23rd day of January, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 18, 1985.
3778 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
RANDOLPH COUNTY BOARD OF COMMISSIONERS;
COMPENSATION.
No. 91 (House Bill No. 503).
AN ACT
To amend an Act creating the Board of Commissioners of
Randolph County, approved February 13, 1935 (Ga. L. 1935,
p. 778), as amended, particularly by an Act approved January
27,1978 (Ga. L. 1978, p. 3023), so as to change the compensation
of the chairman and other members of the board; to repeal
conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act creating the Board of Commissioners
of Randolph County, approved February 13, 1935 (Ga. L. 1935,
p. 778), as amended, particularly by an Act approved January
27, 1978 (Ga. L. 1978, p. 3023), is amended by striking in its
entirety Section 19 and inserting in its place a new Section
19 to read as follows:
"Section 19. The chairman of the board shall receive
$300.00 per month for performing the duties connected with
the office of chairman. The other members of the board shall
each receive $200.00 per month. The compensation provided
herein shall be paid monthly from the funds of Randolph
County on an order drawn by the board and signed by the
chairman and the clerk. The commissioners shall be subject
to prosecution for malpractice in office in the same manner
as justices of the peace and shall be exempt from road, jury
and militia duty.
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
1985 session of the General Assembly of Georgia a bill to amend
GEORGIA LAWS 1985 SESSION
3779
an Act creating the Board of Commissioners of Randolph
County, approved February 13, 1935 (Ga. L. 1935, p. 778), as
amended, particularly by an Act approved January 27, 1978
(Ga. L. 1978, p. 3023), so as to set the compensation of the chair-
man at $300.00 per month and other members of the board at
$200.00 per month; and for other purposes.
This 25th day of January, 1985.
Randolph County
Commissioners
R. W. Moore, chairman
Bobby Lamb
David L. Jackson
Norman Lumpkin
J. T. Bruner
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 Cuthbert
Times and News Record which is the official organ of Randolph
County, on the following date: January 31, 1985.
/s/ Gerald E. Greene
Representative,
130th District
Sworn to and subscribed before me,
this 4th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 18, 1985.
3780 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CITY OF CAIRO DEVELOPMENT AUTHORITY LOCAL
CONSTITUTIONAL AMENDMENT CONTINUED.
No. 92 (House Bill No. 508).
AN ACT
To continue in force and effect as a part of the Constitution
of the State of Georgia those constitutional amendments creat-
ing and providing for the City of Cairo Development Authority
(Res. Act No. 266; H.R. 469-935; Ga. L. 1962, p. 1200, as amended
by Res. Act No. 212; H.R. 824-1675; Ga. L. 1970, p. 1106); to
provide the authority for this Act; to repeal conflicting laws;
and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Those constitutional amendments creating and
providing for the City of Cairo Development Authority (Res.
Act No. 266; H.R. 469-935; Ga. L. 1962, p. 1200, as amended
by Res. Act No. 212; H.R. 824-1675; Ga. L. 1970, p. 1106) shall
not be repealed or deleted on July 1, 1987, as a part of the
Constitution of the State of Georgia but are specifically contin-
ued in force and effect on and after that date as a part of the
Constitution of the State of Georgia.
Section 2. This Act is passed pursuant to Article XI, Sec-
tion I, Paragraph IV of the Constitution of the State of Georgia
which authorizes the continuation of certain amendments to
the 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 regular
1985 session of the General Assembly of Georgia a bill to con-
tinue in force and effect as a part of the Constitution of the
State of Georgia those constitutional amendments creating and
providing for the City of Cairo Development Authority (Res.
GEORGIA LAWS 1985 SESSION
3781
Act No. 266; H.R. 469-935; Ga. L. 1962, p. 1200, as amended
by Res. Act No. 212; H.R. 824-1675; Ga. L. 1970, p. 1106); and
for other purposes.
This 1st day of February, 1985.
Bobby Long
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 Dis-
trict, and that the attached copy of Notice of Intention to Intro-
duce Local Legislation was published in the Cairo Messenger
which is the official organ of Grady County, on the following
date: February 1, 1985.
/s/ Bobby Long
Representative,
142nd District
Sworn to and subscribed before me,
this 4th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 18, 1985.
3782 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
MUSCOGEE COUNTY SCHOOL DISTRICT CONTRACTS;
PURCHASES.
No. 93 (House Bill No. 511).
AN ACT
To amend an Act creating the Muscogee County School Dis-
trict, approved February 25, 1949 (Ga. L. 1949, p. 1086), as
amended by an Act approved December 12, 1953 (Ga. L. 1953,
Nov.-Dee. Sess., p. 2373), an Act approved March 30, 1971 (Ga.
L. 1971, p. 2452), an Act approved March 23, 1977 (Ga. L. 1977,
p. 3353), and an Act approved April 13, 1981 (Ga. L. 1981, p.
4885), so as to change the maximum amount for which the Su-
perintendent of the Board of Education may make contracts;
to change the maximum amount for which purchase may be
made without affording free competition; to repeal conflicting
laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act creating the Muscogee County School
District, approved February 25, 1949 (Ga. L. 1949, p. 1086), as
amended by an Act approved December 12, 1953 (Ga. L. 1953,
Nov.-Dee. Sess., p. 2373), an Act approved March 30, 1971 (Ga.
L. 1971, p. 2452), an Act approved March 23, 1977 (Ga. L. 1977,
p. 3353), and an Act approved April 13, 1981 (Ga. L. 1981, p.
4885), is amended by striking from the first paragraph of Section
11 thereof, wherever the same shall appear, the following:
"$1,000.00,
and substituting in lieu thereof the following:
"$2,500.00,
so that when so amended the first paragraph of Section 11 shall
read as follows:
"That the Superintendent of the Board of Education may
make contracts for supplies, labor, repairs, and other neces-
GEORGIA LAWS 1985 SESSION
3783
sary school purposes, binding said merged school system
where the expenditure involved does not exceed the amount
of $2,500.00. All expenditures for such purposes in excess
of that amount must be first authorized by resolution
adopted at a regular or special meeting of the Board. No
purchase involving an expenditure of more than $2,500.00
shall be made in any case without affording free competition.
No contracts for construction, alteration or repair of build-
ings, or installation of equipment, which involve the doing
of labor or the furnishing of materials shall be entered into
by said Board without taking the statutory performance
bond required of counties and cities by the laws of said State
in such cases.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Notice of Local Legislation.
Notice is hereby given of intention to introduce at the regu-
lar 1985 session of the General Assembly of Georgia for passage
a local bill to amend an Act creating the Muscogee County
School District approved February 25,1949 (Ga. L. 1949, p. 1066)
as amended, so as to change the maximum amount for which
the Superintendent of the Board of Education may make con-
tracts and to change the maximum amount for which purchases
may be made without affording free competition; to repeal con-
flicting laws; and for other purposes.
This 20th day of December, 1984.
Braxton A. Nall
Superintendent of Education
Muscogee County School District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Thomas B. Buck, III, who,
on oath, deposes and says that he is Representative from the
95th District, and that the attached copy of Notice of Intention
to Introduce Local Legislation was published in the Columbus
Ledger which is the official organ of Muscogee County, on the
following date: December 27, 1984.
3784 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
/s/ Thomas B. Buck, III
Representative,
95th District
Sworn to and subscribed before me,
this 14th day of January, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 18, 1985.
COLUMBUS, GEORGIA "COUNCILMAN CHANGED TO
"COUNCILOR IN CHARTER.
No. 94 (House Bill No. 519).
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 provide
that wherever the word "councilman and the word "council-
men shall appear in the Charter of Columbus, Georgia, the
words "councilor and "councilors, respectively, shall be substi-
tuted therefor; 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
deleting therefrom the word "councilman and the word "coun-
GEORGIA LAWS 1985 SESSION
3785
oilmen wherever those terms appear in said charter, and by
substituting in lieu thereof the words "councilor and "coun-
cilors, respectively, so that as amended all references to the
term "councilman shall be changed to the term "councilor
and all references to the term "councilmen shall be changed
to the term "councilors.
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 1985 session of the General Assembly of Georgia, an
Act to amend the Charter of Columbus, Georgia, approved Octo-
ber 5, 1971 (Ga. L. 1971, Extra Sess. September-October 1971,
p. 2007), as amended, to provide that wherever the word "coun-
cilman and the word "councilmen shall appear in the Charter
of Columbus, Georgia, the words "councilor and "councilors,
respectively, shall be substituted therefor.
This the 18th day of January, 1985.
Thomas B. Buck, III
Representative,
95th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Thomas B. Buck, III, who,
on oath, deposes and says that he is Representative from the
95th District, and that the attached copy of Notice of Intention
to Introduce Local Legislation was published in the Columbus
Ledger which is the official organ of Muscogee County, on the
following date: January 18, 1985.
/s/ Thomas B. Buck, III
Representative,
95th District
3786 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 22nd day of January, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 18, 1985.
BARTOW COUNTY TAX COMMISSIONER;
COMPENSATION.
No. 95 (House Bill No. 536).
AN ACT
To amend an Act creating the office of tax commissioner
of Bartow County, approved March 17, 1958 (Ga. L. 1958, p.
2683), as amended, particularly by an Act approved March 30,
1971 (Ga. L. 1971, p. 2455), so as to change the compensation
of the tax commissioner of Bartow County; to provide an effective
date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act creating the office of tax commissioner
of Bartow County, approved March 17, 1958 (Ga. L. 1958, p.
2683), as amended, particularly by an Act approved March 30,
1971 (Ga. L. 1971, p. 2455), is amended by striking subsection
(a) of Section 4 in its entirety and inserting in lieu thereof a
new subsection (a) to read as follows:
"(a) (1) The tax commissioner of Bartow County shall re-
ceive a base salary in the amount of $30,000.00 per annum,
to be paid in equal monthly installments from the funds
of Bartow County. Such compensation shall be in lieu of
GEORGIA LAWS 1985 SESSION
3787
all fees, costs, and perquisites of whatever kind heretofore
received by the tax commissioner. All fees, commissions,
costs, and all other perquisites collected by the tax commis-
sioner shall be the property of Bartow County and once each
month shall be turned over to the fiscal authority of said
county with a detailed, itemized statement showing the
source from which such fees, commissions, costs, or other
perquisites were collected.
(2) The tax commissioner shall also receive an annual
cost-of-living increase as follows: on the first day of January
of each year, beginning in 1986, the base salary of the tax
commissioner shall be increased by 3 percent. For the pur-
poses of this section only, the 'base salary of the tax commis-
sioner shall be computed at $30,000.00 on January 1, 1986,
and thereafter shall be computed at $30,000.00 plus any
cost-of-living increases which have been received by the per-
son serving as tax 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.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular
1985 session of the General Assembly of Georgia a bill to amend
an Act creating the office of tax commissioner of Bartow County,
approved March 17, 1958 (Ga. L. 1958, p. 2683), as amended;
and for other purposes.
This 18th day of January, 1985.
Hugh Boyd Pettit, III
Representative,
19th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Boyd Pettit, who, on oath,
3788 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
deposes and says that he is Representative from the 19th Dis-
trict, and that the attached copy of Notice of Intention to Intro-
duce Local Legislation was published in the Herald Tribune
which is the official organ of Bartow County, on the following
date: January 24, 1985.
/s/ Boyd Pettit
Representative,
19th District
Sworn to and subscribed before me,
this 4th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 18, 1985.
BARTOW COUNTY CHIEF MAGISTRATE;
COMPENSATION.
No. 96 (House Bill No. 537).
AN ACT
To provide for the compensation of the chief magistrate of
the Magistrate Court of Bartow County; to provide an effective
date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. (a) The chief magistrate of the Magistrate
Court of Bartow County shall receive a base salary in the amount
of $30,000.00 per annum, to be paid in equal monthly install-
ments from the funds of Bartow County.
GEORGIA LAWS 1985 SESSION
3789
(b) The chief magistrate shall also receive an annual cost-
of-living increase as follows: on the first day of January of each
year, beginning in 1986, the base salary of the chief magistrate
shall be increased by 3 percent. For the purposes of this section
only, the "base salary of the chief magistrate shall be computed
at $30,000.00 on January 1, 1986, and thereafter shall be com-
puted at $30,000.00 plus any cost-of-living increases which have
been received by the person serving as chief magistrate.
Section 2. This Act shall become effective on the first day
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
1985 session of the General Assembly of Georgia a bill to provide
for the compensation of the chief magistrate of the Magistrate
Court of Bartow County; and for other purposes.
This 18 day of January, 1985.
Hugh Boy Pettit, III
Representative,
19th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Boyd Pettit, who, on oath,
deposes and says that he is Representative from the 19th Dis-
trict, and that the attached copy of Notice of Intention to Intro-
duce Local Legislation was published in the Herald Tribune
which is the official organ of Bartow County, on the following
date: January 24, 1985.
/s/ Boyd Pettit
Representative,
19th District
3790 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 4th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 18, 1985.
CITY OF WHITE BOARD OF ALDERMEN; VACANCIES.
No. 97 (House Bill No. 538).
AN ACT
To amend an Act incorporating the City of White, approved
August 7,1919 (Ga. L. 1919, p. 1385), as amended, so as to change
the manner in which vacancies on the board of aldermen are
filled; 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 White, ap-
proved August 7, 1919 (Ga. L. 1919, p. 1385), as amended, is
amended by inserting after Section 4 of said Act a new Section
4A to read as follows:
"Section 4A. In the event of a vacancy in the office of
alderman by reason of death, resignation, or otherwise, the
vacancy shall be filled by appointment by the remaining
members of the board of aldermen until a successor is elected
at the next regular municipal election; provided, however,
that, in the event of a second or subsequent vacancy during
the same term, the mayor and the remaining members of
the board of aldermen shall call a special election as provided
in Article 3 of Chapter 3 of Title 21 of the O.C.G.A. to fill
GEORGIA LAWS 1985 SESSION
3791
the balance of the unexpired term and until a successor is
elected at the next regular municipal election.
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
1985 session of the General Assembly of Georgia a bill to amend
the charter of the City of White, approved August 7, 1919 (Ga.
L. 1919, p. 1385), as amended, to change the manner of filling
vacancies on the board of aldermen; to repeal conflicting laws;
and for other purposes.
This 18 day of January, 1985.
Hugh Boyd Pettit, III
Representative,
19th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Boyd Pettit, who, on oath,
deposes and says that he is Representative from the 19th Dis-
trict, and that the attached copy of Notice of Intention to Intro-
duce Local Legislation was published in the Herald Tribune
which is the official organ of Bartow County, on the following
date: January 24, 1985.
/s/ Boyd Pettit
Representative,
19th District
Sworn to and subscribed before me,
this 4th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 18, 1985.
3792 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
MURRAY COUNTY INDUSTRIAL DEVELOPMENT
AUTHORITY LOCAL CONSTITUTIONAL AMENDMENT
CONTINUED.
No. 98 (House Bill No. 541).
AN ACT
To continue in force and effect as a part of the Constitution
of the State of Georgia that constitutional amendment creating
the Murray County Industrial Development Authority (Res. Act
No. 107; H.R. 289-658; Ga. L. 1966, p. 963); to provide the author-
ity for this Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. That constitutional amendment creating the
Murray County Industrial Development Authority (Res. Act No.
107; H.R. 289-658; Ga. L. 1966, p. 963) shall not be repealed
or deleted on July 1, 1987, as a part of the Constitution of the
State of Georgia but is specifically continued in force and effect
on and after that date as a part of the Constitution of the State
of Georgia.
Section 2. This Act is passed pursuant to Article XI, Sec-
tion I, Paragraph IV of the Constitution of the State of Georgia
which authorizes the continuation of certain amendments to
the 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 regular
1985 session of the General Assembly of Georgia a bill to con-
tinue in force and effect as a part of the Constitution of the
State of Georgia that constitutional amendment creating the
Murray County Industrial Development Authority (Res. Act No.
107; H. R. 289-658; Ga. L. 1966, p. 963); and for other purposes.
GEORGIA LAWS 1985 SESSION
3793
This 18 day of January, 1985.
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 23, 1985.
/s/ Tom Ramsey
Representative,
3rd District
Sworn to and subscribed before me,
this 4th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 18, 1985.
3794 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
LOWNDES COUNTY BOARD OF COMMISSIONERS;
COMPENSATION.
No. 99 (House Bill No. 544).
AN ACT
To amend an Act creating the board of commissioners of
Lowndes County, approved February 12, 1945 (Ga. L. 1945, p.
639), as amended, particularly by an Act approved March 27,
1972 (Ga. L. 1972, p. 2975), an Act approved March 24, 1976
(Ga. L. 1976, p. 3126), and an Act approved January 16, 1980
(Ga. L. 1980, p. 3567), so as to change the compensation of the
members of the board; to provide an effective date; to repeal
conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act creating the board of commissioners
of Lowndes County, approved February 12, 1945 (Ga. L. 1945,
p. 639), as amended, particularly by an Act approved March
27,1972 (Ga. L. 1972, p. 2975), an Act approved March 24,1976
(Ga. L. 1976, p. 3126), and an Act approved January 16, 1980
(Ga. L. 1980, p. 3567), is amended by striking Section 4 and
inserting in lieu thereof a new Section 4 to read as follows:
"Section 4. On and after the effective date of this Act,
the chairman of the board shall be compensated in the sum
of $775.00 per month, and each of the other members of
the board shall be compensated in the amount of $625.00
per month. In the event that the chairman or any other
board member shall go without the limits of the county in
the discharge of his duties, he shall be paid the actual ex-
penses incurred, in addition to the aforesaid compensation.
Section 2. This Act shall become effective on the first day
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 1985 SESSION
3795
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular
1985 session of the General Assembly of Georgia a bill to amend
an Act creating the board of commissioners of Lowndes County,
approved February 12, 1945 (Ga. L. 1945, p. 639), as amended;
and for other purposes.
This 25th day of January, 1985.
James M. Beck
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, James M. Beck, who, on
oath, deposes and says that he is Representative from the 148th
District, and that the attached copy of Notice of Intention to
Introduce Local Legislation was published in the Valdosta Daily
Times which is the official organ of Lowndes County, on the
following date: February 1, 1985.
/s/ James M. Beck
Representative,
148th District
Sworn to and subscribed before me,
this 4th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 18, 1985.
3796 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
POLK COUNTY TAX COMMISSIONER; COMPENSATION.
No. 100 (House Bill No. 559).
AN ACT
To amend an Act creating the office of tax commissioner
of Polk County, approved March 3, 1964 (Ga. L. 1964, p. 2265),
as amended, particularly by an Act approved April 11, 1979
(Ga. L. 1979, p. 4370), so as to change the compensation of the
tax commissioner; to provide an effective date; to repeal conflict-
ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act creating the office of tax commissioner
of Polk County, approved March 3, 1964 (Ga. L. 1964, p. 2265),
as amended, particularly by an Act approved April 11, 1979
(Ga. L. 1979, p. 4370), is amended by striking Section 3 of said
Act in its entirety and inserting in lieu thereof a new Section
3 to read as follows:
"Section 3. The tax commissioner shall receive for his
services as such an annual salary of $26,000.00, payable in
equal monthly installments from the funds of Polk County.
All necessary clerical employees shall be employed by the
tax commissioner and paid such salaries out of county funds
as are approved and provided for in the annual budget sub-
mitted by the tax commissioner as hereinafter provided.
Section 2. This Act shall become effective on the first day
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
1985 Session of the General Assembly a bill to amend an Act
GEORGIA LAWS 1985 SESSION
3797
creating the office of Tax Commissioner of Polk County, Georgia
so as to change the compensation of the Tax Commissioner;
to repeal conflicting laws; and for other purposes.
This 25th day of January, 1985.
Polk County, Georgia
By: H. Don Williams
Chairman, Board of
Commissioners
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Bill Cummings, who, on
oath, deposes and says that he is Representative from the 17th
District, and that the attached copy of Notice of Intention to
Introduce Local Legislation was published in the Cedartown
Standard which is the official organ of Polk County, on the fol-
lowing date: January 31, 1985.
/s/ Bill Cummings
Representative,
17 th District
Sworn to and subscribed before me,
this 4th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 18, 1985.
3798 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
STATE COURT OF CHEROKEE AND FORSYTH
COUNTIES TERMS.
No. 101 (House Bill No. 563).
AN ACT
To amend an Act creating the State Court of Cherokee and
Forsyth Counties, approved February 28, 1974 (Ga. L. 1974, p.
2114), as amended, so as to change the terms of the court; to
provide an effective date; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act creating the State Court of Cherokee
and Forsyth Counties, approved February 28,1974 (Ga. L. 1974,
p. 2114), as amended, is amended by striking in its entirety
Section 9 and inserting in its place a new Section 9 to read as
follows:
"Section 9. (a) The terms of court of the State Court
of Cherokee and Forsyth Counties shall commence as follows:
(1) Cherokee County Second Monday in January,
May, and September.
(2) Forsyth County Second Monday in March,
July, and November.
(b) The judge shall have the power to provide for addi-
tional jury trials as he deems necessary and shall have the
same power as possessed by a judge of superior court regard-
ing special terms of 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.
GEORGIA LAWS 1985 SESSION
3799
Notice of Intent to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the
regular 1985 session of the General Assembly of Georgia, a bill
to change court terms for the State Court of Forsyth County
and for other purposes.
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 follow-
ing date: January 16, 1985.
/s/ Bill H. Barnett
Representative,
10th District
Sworn to and subscribed before me,
this 21st day of January, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular
1985 session of the General Assembly of Georgia a bill to amend
an Act creating the State Court of Cherokee and Forsyth Coun-
ties, approved February 28, 1974, (Ga. L. 1974, p. 2114), so as
to change the terms of the court; and for other purposes.
This 15th day of January, 1985.
Rep. Wendell T. Anderson
3800 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 Cherokee
Tribune which is the official organ of Cherokee County, on the
following date: January 23, 1985.
/s/ Bill H. Barnett
Representative,
10th District
Sworn to and subscribed before me,
this 23rd day of January, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 18, 1985.
DeKALB COUNTY MEDICAL EXAMINER; LOCAL
CONSTITUTIONAL AMENDMENT CONTINUED.
No. 102 (House Bill No. 570).
AN ACT
To continue in force and effect as a part of the Constitution
of the State of Georgia that constitutional amendment (Res.
Act 178, H.R. 473-1238, Ga. L. 1980, p. 2106), duly ratified at
the 1980 general election and proclaimed by the Governor to
be a part of the Constitution of 1976, which amendment autho-
rized the General Assembly to abolish the office of coroner of
GEORGIA LAWS 1985 SESSION
3801
DeKalb County and create the office of medical examiner of
DeKalb County; to provide the authority for this Act; to repeal
conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. That constitutional amendment (Res. Act 178,
H.R. 473-1238, Ga. L. 1980, p. 2106), duly ratified at the 1980
general election and proclaimed by the Governor to be a part
of the Constitution of 1976, which amendment authorized the
General Assembly to abolish the office of coroner of DeKalb
County and create the office of medical examiner of DeKalb
County, shall not be repealed or deleted on July 1, 1987, as a
part of the Constitution of the State of Georgia but is specifically
continued in force and effect on and after that date as a part
of the Constitution of the State of Georgia.
Section 2. This Act is passed pursuant to Article XI, Sec-
tion I, Paragraph IV of the Constitution of the State of Georgia
which authorizes the continuation of certain amendments to
the Constitution.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Notice of Intention to Apply for Local Legislation.
Notice is hereby given of intention to apply for local legisla-
tion to continue in force and effect as a part of the Constitution
of the State of Georgia that constitutional amendment of Medi-
cal Examiner for DeKalb and Abolishment of Office of Coroner,
which was proposed by resolution act 178 of the 1980 General
Assembly and was duly ratified at the 1980 General Election
"Ga. L. 1980, p. 2106.
Eleanor L. Richardson
Representative,
52nd District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Eleanor Richardson, who,
3802 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
on oath, deposes and says that she is Representative from the
52nd District, and that the attached copy of Notice of Intention
to Introduce Local Legislation was published in the Decatur-
DeKalb News/Era which is the official organ of DeKalb County,
on the following date: January 24, 1985.
/s/ Eleanor Richardson
Representative,
52nd District
Sworn to and subscribed before me,
this 4th day of February, 1985.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 11, 1988.
(Seal).
Approved March 18, 1985.
PINE HILL WATER AND SEWERAGE AUTHORITY ACT
REPEALED.
No. 103 (House Bill No. 577).
AN ACT
To repeal an Act entitled "An Act to create the Pine Hill
Water and Sewerage Authority in Richmond County, Georgia;
to provide a short title; to provide for definitions; to authorize
such Authority to acquire, construct, add to, extend, improve,
equip, operate and maintain self-liquidating projects embracing
sources of water supply and the distribution and sale of water
and related facilities to individuals, private concerns, and mu-
nicipal corporations, the State of Georgia, its political subdivi-
sions and instrumentalities thereof; to authorize such Authority
GEORGIA LAWS 1985 SESSION
3803
to acquire, construct, add to, extend, improve, equip, operate
and maintain sewerage systems, both sanitary and storm, sew-
age disposal, and sewage treatment plants, and any and all other
related facilities; to authorize such Authority to accept gifts,
grants and donations; to confer powers and impose duties on
the Authority; to provide for the membership and for the ap-
pointment of members of the Authority and their tenure of
office and compensation; to authorize such Authority to contract
with others pertaining to the water and sewer facilities and
to execute leases and do all things deemed necessary or conve-
nient for the operation of such undertakings or projects; to au-
thorize such Authority to borrow money, or accept grants, or
other financial assistance from the federal government, its agen-
cies and political subdivisions, and to enter into such mortgages,
trust indentures, leases or agreements as may be necessary,
convenient, or desirable to effectuate such transactions; to au-
thorize such Authority to do any and all things necessary or
desirable to secure the financial aid or the cooperation of the
federal government, its agencies, or political subdivisions in the
undertaking, construction, maintenance, or operation of such
projects as such Authority may properly undertake; 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 autho-
rize the collection and pledging of the revenues and earnings
of the Authority for the payment of such bonds and 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 the State of Georgia, or
any political subdivision thereof, shall be incurred in the exer-
cise of powers granted such Authority; to make the bonds of
the Authority exempt from taxation; to provide for the exemp-
tion from all taxes and special assessments of the county, the
State, or any political subdivisions thereof of all property owned
by such Authority; to provide for the Authority to condemn
property of every kind; to authorize the issuance of refunding
bonds; to fix the venue of jurisdiction of sections relating to
any provisions of this Act and to provide that such bonds be
validated; to provide for severability; to provide for other mat-
ters relative to the foregoing; to provide for an effective date;
to repeal conflicting laws; and for other purposes., approved
February 4, 1972 (Ga. L. 1972, p. 2003); to repeal conflicting
laws; and for other purposes.
3804 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act entitled "An Act to create the Pine Hill
Water and Sewerage Authority in Richmond County, Georgia;
to provide a short title; to provide for definitions; to authorize
such Authority to acquire, construct, add to, extend, improve,
equip, operate and maintain self-liquidating projects embracing
sources of water supply and the distribution and sale of water
and related facilities to individuals, private concerns, and mu-
nicipal corporations, the State of Georgia, its political subdivi-
sions and instrumentalities thereof; to authorize such Authority
to acquire, construct, add to, extend, improve, equip, operate
and maintain sewerage systems, both sanitary and storm, sew-
age disposal, and sewage treatment plants, and any and all other
related facilities; to authorize such Authority to accept gifts,
grants and donations; to confer powers and impose duties on
the Authority; to provide for the membership and for the ap-
pointment of members of the Authority and their tenure of
office and compensation; to authorize such Authority to contract
with others pertaining to the water and sewer facilities and
to execute leases and do all things deemed necessary or conve-
nient for the operation of such undertakings or projects; to au-
thorize such Authority to borrow money, or accept grants, or
other financial assistance from the federal government, its agen-
cies and political subdivisions, and to enter into such mortgages,
trust indentures, leases or agreements as may be necessary,
convenient, or desirable to effectuate such transactions; to au-
thorize such Authority to do any and all things necessary or
desirable to secure the financial aid or the cooperation of the
federal government, its agencies, or political subdivisions in the
undertaking, construction, maintenance, or operation of such
projects as such Authority may properly undertake; 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 autho-
rize the collection and pledging of the revenues and earnings
of the Authority for the payment of such bonds and 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 the State of Georgia, or
any political subdivision thereof, shall be incurred in the exer-
cise of powers granted such Authority; to make the bonds of
the Authority exempt from taxation; to provide for the exemp-
GEORGIA LAWS 1985 SESSION
3805
tion from all taxes and special assessments of the county, the
State, or any political subdivisions thereof of all property owned
by such Authority; to provide for the Authority to condemn
property of every kind; to authorize the issuance of refunding
bonds; to fix the venue of jurisdiction of sections relating to
any provisions of this Act and to provide that such bonds be
validated; to provide for severability; to provide for other mat-
ters relative to the foregoing; to provide for an effective date;
to repeal conflicting laws; and for other purposes., approved
February 4,1972 (Ga. L. 1972, p. 2003), is repealed in its entirety.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the
regular 1985 Session of the General Assembly of Georgia an
Act to abolish the Pine Hill Water & Sewerage Authority Act
as found in Ga. Laws, 1972, page 2003; to provide an effective
date; and for other purposes.
This 2nd day of January, 1985.
Robert C. Daniel, Jr.
County Attorney,
Richmond County, Georgia
State of Georgia. Richmond County.
Personally appeared before me, a Notary Public, the under-
signed, Paul S. Simon, who, on oath, says that he is the President
of Southeastern Newspapers Corporation, publisher of The Au-
gusta Herald, a daily newspaper publication in the City of Au-
gusta, Richmond County, Georgia, being of general circulation
and being the legal organ of the County of Richmond, who certi-
fies that the legal notice of intention to apply for local legislation
was duly published one time, as required by law, said date of
publication being January 4, 1985.
/s/ Paul S. Simon, President
Southeastern Newspapers
Corporation, Publisher of
The Augusta Herald,
Richmond
County, Georgia.
3806 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 10th day of January, 1985.
/s/ Jean S. Brinson
Notary Public, Richmond County, Georgia.
My Commission Expires July 14, 1986.
(Seal).
Approved March 18, 1985.
DUBLIN JUDICIAL CIRCUIT JUDGES; SALARY
SUPPLEMENTS.
No. 104 (House Bill No. 592).
AN ACT
To provide for the payment of supplements to the salaries
of the judges of the superior courts of the Dublin Judicial Circuit
by the counties comprising such circuit; to provide for the
amount of such supplements; 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. (a) In addition to the compensation, expenses,
and allowances paid from state funds, the salary of each judge
of the superior courts of the Dublin Judicial Circuit shall be
supplemented by payments from the treasuries of the counties
comprising such circuit in the following amounts:
(1) Johnson County - $150.00 per month;
(2) Laurens County - $600.00 per month;
(3) Treutlen County - $100.00 per month; and
(4) Twiggs County - $150.00 per month.
GEORGIA LAWS 1985 SESSION
3807
(b) The supplemental payments provided for in subsection
(a) of this section may be paid monthly by the governing authori-
ties of the respective counties or such other authorities having
control of expenditures of county funds.
Section 2. This Act shall become effective on July 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
1985 session of the General Assembly of Georgia a bill to provide
for the payment of supplements to the salaries of the judges
of the Superior Courts of the Dublin Judicial Circuit by the
counties comprising such Circuit and to provide for the amount
of such supplements; and for other purposes.
This 28th day of January, 1985.
Leon Green
Attorney for
Laurens County
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 2, 1985.
/s/ DuBose Porter
Representative,
119th District
Sworn to and subscribed before me,
this 4th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
3808 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
1985 Session of the General Association of Georgia, a Bill to
provide for the payment of supplements to the salaries of the
Judges of the Superior Courts of the Dublin Judicial Circuit
by the counties comprising such Circuit and to provide for the
amount of such Supplements; and for the other purposes.
This 28th day of January, 1985.
Carlton Warnock
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 Soperton News
which is the official organ of Treutlen County, on the following
date: January 30, 1985.
/s/ DuBose Porter
Representative,
119th District
Sworn to and subscribed before me,
this 4th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular
1985 session of the General Assembly of Georgia a bill to provide
for the payment of supplements to the salaries of the judges
of the Superior Courts of the Dublin Judicial Circuit by the
counties comprising such Circuit and to provide for the amount
of such supplements; and for other purposes.
GEORGIA LAWS 1985 SESSION
3809
This 28th day of January, 1985.
Rep. Jimmy Lord
Rep. Butch Parrish
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 Wrightsville
Headlight which is the official organ of Johnson County, on
the following date: January 31, 1985.
/s/ DuBose Porter
Representative,
119th District
Sworn to and subscribed before me,
this 4th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular
1985 session of the General Assembly of Georgia a bill to provide
for the payment of supplements to the salaries of the judges
of the Superior Courts of the Dublin Judicial Circuit by the
counties comprising such Circuit and to provide for the amount
of such supplements; and for other purposes.
This 28th day of January, 1985.
Rep. Kenneth Birdsong
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, DuBose Porter, who, on
3810 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 Twiggs County
New Era which is the official organ of Twiggs County, on the
following date: January 30, 1985.
/s/ DuBose Porter
Representative,
119th District
Sworn to and subscribed before me,
this 4th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 18, 1985.
CRISP COUNTY HYDRO-ELECTRIC POWER BONDS;
LOCAL CONSTITUTIONAL AMENDMENT CONTINUED.
No. 105 (House Bill No. 593).
AN ACT
To continue in force and effect as a part of the Constitution
of the State of Georgia that constitutional amendment which
was proposed by Resolution Act No. 20 (House Resolution No.
144-606) enacted at the 1975 Session of the General Assembly
and which was duly ratified at the 1976 general election (Ga.
L. 1975, p. 1693-1695) and which relates to the authority of
Crisp County to issue revenue bonds under certain conditions
without an election for electric generation, transmission, and
distribution systems; to provide the authority for this Act; to
repeal conflicting laws; and for other purposes.
GEORGIA LAWS 1985 SESSION
3811
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. That constitutional amendment which was pro-
posed by Resolution Act No. 20 (House Resolution No. 144-606)
enacted at the 1975 Session of the General Assembly and which
was duly ratified at the 1976 general election (Ga. L. 1975, p.
1693-1695) and which relates to the authority of Crisp County
to issue revenue bonds under certain conditions without an elec-
tion for electric generation, transmission, and distribution sys-
tems shall not be repealed or deleted on July 1, 1987, as a part
of the Constitution of the State of Georgia but is specifically
continued in force and effect on and after that date as a part
of the Constitution of the State of Georgia.
Section 2. This Act is passed pursuant to Article XI, Sec-
tion I, Paragraph IV of the Constitution of the State of Georgia
which authorizes the continuation of certain amendments to
the 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 regular
1985 session of the General Assembly of Georgia a bill to con-
tinue in force and effect as a part of the Constitution of the
State of Georgia that constitutional amendment which was en-
acted at the 1975 Session of the General Assembly and which
was duly ratified at the 1976 general election (Ga. L. 175, p.
1693-1695) and which relates to the authority of Crisp County
to issue revenue bonds under certain conditions without an elec-
tion for electric generation, transmission, and distribution sys-
tems; and for other purposes.
This 24th day of January, 1985.
J. Reginald Barry, Jr.
Chairman, Crisp County
Power Commission
3812 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Howard H. Rainey, who,
on oath, deposes and says that he is Representative from the
135th District, and that the attached copy of Notice of Intention
to Introduce Local Legislation was published in the Cordele Dis-
patch which is the official organ of Crisp County, on the following
date: January 31, 1985.
/s/ Howard H. Rainey
Representative,
135th District
Sworn to and subscribed before me,
this 4th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 18, 1985.
CRISP COUNTY HYDRO-ELECTRIC POWER BONDS;
LOCAL CONSTITUTIONAL AMENDMENT CONTINUED.
No. 106 (House Bill No. 594).
AN ACT
To continue in force and effect as a part of the Constitution
of the State of Georgia that constitutional amendment which
was proposed by Act No. 215 enacted at the 1925 Session of
the General Assembly and which was duly ratified at the 1926
general election (Ga. L. 1925, p. 72-76) and which relates to
authorizing an increase in the bonded indebtedness of Crisp
GEORGIA LAWS 1985 SESSION
3813
County for hydro-electric power purposes and to building, con-
structing, equipping, and operating dams and plants for the
manufacture and generation of water power and electric current
and to other matters relative to the foregoing; to provide the
authority for this Act; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. That constitutional amendment which was
proposed by Act No. 215 enacted at the 1925 Session of the
General Assembly and which was duly ratified at the 1926 gen-
eral election (Ga. L. 1925, p. 72-76) and which relates to authoriz-
ing an increase in the bonded indebtedness of Crisp County
for hydro-electric power purposes and to building, constructing,
equipping, and operating dams and plants for the manufacture
and generation of water power and electric current and to other
matters relative to the foregoing shall not be repealed or deleted
on July 1, 1987, as a part of the Constitution of the State of
Georgia but is specifically continued in force and effect on and
after that date as a part of the Constitution of the State of
Georgia.
Section 2. This Act is passed pursuant to Article XI, Sec-
tion I, Paragraph IV of the Constitution of the State of Georgia
which authorizes the continuation of certain amendments to
the 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 regular
1985 session of the General Assembly of Georgia a bill to con-
tinue in force and effect as a part of the Constitution of the
State of Georgia that constitutional amendment which was en-
acted at the 1925 Session of the General Assembly and which
was duly ratified at the 1926 general election (Ga. L. 1925, p.
72-76) and which related to authorizing an increase in the
bonded indebtedness of Crisp for hydro-electric power purposes
and to building, constructing, equipping, and operating dams
and plants for the manufacture and generation of water power
3814 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
and electric current and to other matters relative to the forego-
ing; and for other purposes.
This 24th day of January, 1985.
J. Reginald Barry, Jr.
Chairman, Crisp County
Power Commission
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 Dis-
patch which is the official organ of Crisp County, on the following
date: January 31, 1985.
/s/ Howard H. Rainey
Representative,
135th District
Sworn to and subscribed before me,
this 4th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 18, 1985.
GEORGIA LAWS 1985 SESSION
3815
TROUP COUNTY CORONER; SALARY.
No. 107 (House Bill No. 597).
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 March 28, 1984
(Ga. L. 1984, p. 4882), 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 cor-
oner of Troup County, approved March 31, 1967 (Ga. L. 1967,
p. 2348), as amended, particularly by an Act approved March
28, 1984 (Ga. L. 1984, p. 4882), is amended by striking from
Section 1 thereof the following:
"$2,417.00,
and inserting in lieu thereof the following:
"$2,609.00,
so that when so amended Section 1 shall read as follows:
"Section 1. The Coroner of Troup County shall be com-
pensated by salary as hereinafter set out. The coroner shall
receive a salary of $2,609.00 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.
3816 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular
1985 session of the General Assembly of Georgia a bill to amend
an Act changing the compensation of the coroner of Troup
County, approved March 31, 1967 (Ga. L. 1967, p. 2348), as
amended, particularly by an Act approved March 28, 1984 (Ga.
L. 1984, p. 4882); and for other purposes.
This 31st day of January, 1985.
J. Crawford Ware
Honorable J. 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 LaGrange
Daily News which is the official organ of Troup County, on the
following date: February 2, 1985.
/s/ J. Crawford Ware
Representative,
77th District
Sworn to and subscribed before me,
this 4th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 18, 1985.
GEORGIA LAWS 1985 SESSION
3817
TROUP COUNTY CHIEF MAGISTRATE;
COMPENSATION.
No. 108 (House Bill No. 599).
AN ACT
To provide the compensation of the chief magistrate of the
Magistrate Court of Troup 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. The chief magistrate of the Magistrate Court
of Troup County shall receive an annual salary of $18,125.00,
to be paid in equal monthly or bimonthly installments from
the funds of the county.
Section 2. This Act shall become effective on the first day
of the month following the month in which it is approved by
the Governor or in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular
1985 session of the General Assembly of Georgia a bill to provide
the compensation of the chief magistrate of the Magistrate Court
of Troup County; and for other purposes.
This 31st day of January, 1985.
J. Crawford Ware
Honorable J. Crawford Ware
Representative,
77th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, J. Crawford Ware, who,
3818 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 LaGrange
Daily News which is the official organ of Troup County, on the
following date: February 2, 1985.
/s/ J. Crawford Ware
Representative,
77th District
Sworn to and subscribed before me,
this 4th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 18, 1985.
PUTNAM COUNTY BOARD OF EDUCATION; LOCAL
CONSTITUTIONAL AMENDMENT CONTINUED.
No. 109 (House Bill No. 719).
AN ACT
To continue in force and effect as a part of the Constitution
of the State of Georgia that constitutional amendment providing
for the election of members of the Board of Education of Putnam
County (Res. Act No. 92; H.R. 260-701; Ga. L. 1962, p. 776); to
provide the authority for this Act; to repeal conflicting laws;
and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
GEORGIA LAWS 1985 SESSION
3819
Section 1. That constitutional amendment providing for
the election of members of the Board of Education of Putnam
County (Res. Act No. 92; H.R. 260-701; Ga. L. 1962, p. 776) shall
not be repealed or deleted on July pj 1987, as a part of the
Constitution of the State of Georgia but is specifically continued
in force and effect on and after that date as a part of the Constitu-
tion of the State of Georgia.
Section 2. This Act is passed pursuant to Article XI, Sec-
tion I, Paragraph IV of the Constitution of the State of Georgia
which authorizes the continuation of certain amendments to
the 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 regular
1985 session of the General Assembly of Georgia a bill to con-
tinue in force and effect as a part of the Constitution of the
State of Georgia that constitutional amendment providing for
the election of members of the Board of Education of Putnam
County (Res. Act No. 92; H.R. 260-701; Ga. L. 1962, p. 776); to
provide authority for this Act; and for other purposes.
This 29th day of January, 1985.
Jesse Copelan, Jr.
Representative,
106th District
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 Eatonton
Messenger which is the official organ of Putnam County, on
the following date: January 31, 1985.
/s/ Jesse Copelan, Jr.
Representative,
106th District
3820 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 6th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 18, 1985.
LANIER COUNTY BOARD OF COMMISSIONERS;
ELECTIONS; TERMS.
No. 110 (House Bill No. 727).
AN ACT
To amend an Act creating a board of commissioners for La-
nier County, approved March 7, 1933 (Ga. L. 1933, p. 602), as
amended, so as to change the composition of the board of com-
missioners; to change the provisions relating to the election of
members of such board; to provide for commissioner districts;
to provide for terms of office; to provide for the chairman and
other officers of said board; to change the provisions relating
to meetings of the board; to change the provisions relating to
filling vacancies on the board; to provide for a quorum; to provide
an effective date; to repeal conflicting laws; and for other pur-
poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act creating a board of commissioners for
Lanier County, approved March 7, 1933 (Ga. L. 1933, p. 602),
as amended, is amended by striking Section 1 in its entirety
GEORGIA LAWS 1985 SESSION
3821
and inserting in lieu thereof a new Section 1 to read as follows:
"Section 1. (a) The board of commissioners of Lanier
County shall be composed of five members; provided, how-
ever, that until January 1, 1987, said board shall be com-
posed of three members. Except for the chairman, the mem-
bers 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 com-
missioner districts. Except as otherwise provided in Section
3 of this Act with respect to the initial chairman, the chair-
man shall be a resident of Lanier County and shall be elected
by a majority of the qualified voters of the entire county.
(b) For the purpose of electing four members of the
board from commissioner districts, Lanier County shall be
divided into the following commissioner districts:
Commissioner District No. 1
Lanier
Tract 9901
Blocks 237, 238, 241 through 243,
261 through 267, 273 through
279, 283 through 296, and 299
Blocks 301 through 308, 333, and
334
That part of Block 394 north of
Darsey Mill Branch
Block 395
Commissioner District No. 2
Lanier
Tract 9901
Blocks 120 through 137, 151 through
163, 174 through 187, and 192
through 199
Blocks 201 through 206, 209 through
213, 219, 231 through 233, and
297
3822 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Blocks 392 and 393
Commissioner District No. 3
Lanier
Tract 9901
Blocks 207, 208, 214 through 217,
220 through 230, 235, 236, 244
through 260, 268 through 272,
280 through 282, and 298
Blocks 335 through 341, 347
through 364, and 368 through 372
That part of Block 394 south of
Darsey Mill Branch
Commissioner District No. 4
Lanier
Tract 9901
Blocks 101 through 119, 138 through
150, 164 through 173, and 188
through 191
Blocks 234, 240, and 293
Blocks 309 through 332, 342 through
346, 365 through 367, 373 through
390, and 396
For the purposes of this section, the term '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.
In the event any portion of Lanier 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.
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:
GEORGIA LAWS 1985 SESSION
3823
"Section 3. (a) In the event that any member elected
from a district ceases to be a resident of his respective com-
missioner district during his term of office, a vacancy shall
be created and shall be filled in the manner provided in
Section 18 of this Act. In all elections conducted pursuant
to this Act, each candidate shall designate, at the time of
qualifying, the district or chairman post for 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.
(b) (1) The current commissioner who is a resident of
Commissioner District No. 3, Mr. Virgil Moore, and any
successor filling a vacancy created by such member prior
to the expiration of his term of office shall be the desig-
nated member from Commissioner District No. 3 and
shall serve the remainder of his term which expires De-
cember 31, 1988. The successor to such member shall
be elected at the general 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.
(2) The current commissioner who is a resident of
Commissioner District No. 4, Mr. Leroy Cook, and any
successor filling a vacancy created by such member prior
to the expiration of his term of office shall be the desig-
nated member from Commissioner District No. 4 and
shall serve the remainder of his term which expires De-
cember 31, 1988. The successor to such member shall
be elected at the general 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.
3824 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(3) The current commissioner, Mr. Jim White, or
any person filling a vacancy created by such member
shall be designated as the commissioner of the county
at large and shall serve as the chairman of the board
for the remainder of his term of office. Such member
and any successor filling a vacancy created by such mem-
ber 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 election of 1988 and shall take office on Janu-
ary 1, 1989, for a term of four years and until his succes-
sor is elected and qualified.
(c) The members elected from Commissioner Districts
No. 1 and No. 2 shall be elected at the general election of
1986 and shall take office on January 1, 1987, for a term
of office of four years and until their successors are elected
and qualified.
(d) 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 succes-
sors are elected and qualified.
Section 3. Said Act is further amended by striking Section
8 in its entirety and inserting in lieu thereof a new Section 8
to read as follows:
"Section 8. (a) The board shall hold a regular meeting
each month in the courthouse of the county and may adjourn
from day to day until its business is finished. Extra sessions
may be held at any time upon call of the chairman or any
two members of the board when in their judgment the inter-
est of the county demands it.
(b) On and after January 1, 1987, at the first meeting
of the board, which is conducted in January of each year,
the board shall elect one of its members as vice-chairman
and such other officers as said board shall deem necessary
or desirable.
GEORGIA LAWS 1985 SESSION
3825
Section 4. Said Act is further amended by striking Section
18 in its entirety and inserting in lieu thereof a new Section
18 to read as follows:
"Section 18. All vacancies in the membership of the
board shall be filled by a special election called by the elec-
tion superintendent of the county in the same manner as
in the case to fill vacancies in other county offices, and the
person so elected shall be commissioned and hold office until
the expiration of said unexpired term and until his successor
is elected and qualified. The expense of any such special
election shall be paid out of the general funds of the county.
A person elected to fill a vacancy created by a member from
a commissioner district shall be required to be a resident
of the same commissioner district and shall be elected by
a majority of the qualified electors voting within such com-
missioner district.
Section 5. Said Act is further amended by striking Section
19 in its entirety and inserting in lieu thereof a new Section
19 to read as follows:
"Section 19. A majority of the board shall constitute
a quorum for the transaction of all business, and a majority
of the board must concur in order to transact any official
business. The acts of the board shall be duly entered on
the minutes of the board.
Section 6. This Act shall become effective March 1, 1986.
Section 7. All laws and parts of laws in conflict with this
Act are repealed.
Notice of Proposed Legislation.
Notice is hereby given that legislation will be introduced
in the 1985 session of the Georgia General Assembly to change
the composition of the Lanier County Board of Commissioners.
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Robert L. Patten, who,
3826 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
on oath, deposes and says that he is Representative from the
149th District, and that the attached copy of Notice of Intention
to Introduce Local Legislation was published in the Lanier
County News which is the official organ of Lanier County, on
the following date: January 17, 1985.
/s/ Robert L. Patten
Representative,
149th District
Sworn to and subscribed before me,
this 8th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 18, 1985.
STEWART COUNTY CLERK OF THE SUPERIOR COURT;
JUDGE OF THE PROBATE COURT; COMPENSATION.
No. Ill (House Bill No. 751).
AN ACT
To amend an Act abolishing the mode of compensating the
clerk of the superior court and the judge of the probate court
in Stewart County known as the fee system, approved March
21,1968 (Ga. L. 1968, p. 2505), so as to change provisions relating
to the compensation of such officers; to repeal conflicting laws;
and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
GEORGIA LAWS 1985 SESSION
3827
Section 1. An Act abolishing the mode of compensating
the clerk of the superior court and the judge of the probate
court in Stewart County known as the fee system, approved
March 21, 1968 (Ga. L. 1968, p. 2505), 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 Stew-
art County shall receive the annual salary as provided in
Code Sections 15-6-88 through 15-6-90 of the O.C.G.A.
(b) The judge of the Probate Court of Stewart County
shall receive the annual salary as provided in Code Sections
15-9-63 through 15-9-65 of the O.C.G.A.
(c) In the event the general law cited in subsections
(a) and (b) of this section is amended, repealed, or replaced,
it is the intention of this section that the provisions of this
section remain in effect according to such replacement laws.
This section shall not be construed to limit the salary of
an officer who is entitled under other laws to amounts in
addition to a minimum salary because such officer is per-
forming other duties or functions as prescribed by such other
laws.
(d) The minimum salary to be paid under subsection
(a) or subsection (b) of this section shall be determined by
the population of Stewart County according to the United
States decennial census of 1970 or any future such census;
provided, however, that if the population of the county ac-
cording to the United States decennial census of 1980 or
any future such census is less than its population according
to the United States decennial census of 1970, the minimum
salary to be paid shall be determined by using the 1970
population figures.
(e) Each officer shall receive the salary amounts in
equal monthly installments from the funds of Stewart
County.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
3828 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
1985 session of the General Assembly of Georgia a bill to amend
an Act abolishing the mode of compensating the clerk of the
superior court and the judge of the probate court in Stewart
County known as the fee system, approved March 21, 1968 (Ga.
L. 1968, p. 2505), so as to change provisions relating to the com-
pensation of such offices; and for other purposes.
This 4th day of February, 1985.
Gerald Greene
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: February 7, 1985.
/s/ Gerald E. Greene
Representative,
130th District
Sworn to and subscribed before me,
this 11th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 18, 1985.
GEORGIA LAWS 1985 SESSION
3829
WALTON COUNTY BOARD OF COMMISSIONERS;
CHAIRMANS EXPENSE ALLOWANCE.
No. 112 (House Bill No. 758).
AN ACT
To amend an Act providing for a change in the compensation
of certain Walton County officers, approved March 23,1977 (Ga.
L. 1977, p. 3924), as amended by an Act approved April 16,
1981 (Ga. L. 1981, p. 4226), so as to change the expense allowance
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 providing for a change in the compensa-
tion of certain Walton County officers, approved March 23,1977
(Ga. L. 1977, p. 3924), as amended by an Act approved April
16, 1981 (Ga. L. 1981, p. 4226), is amended by striking from
subsection (c) of Section 2 the following:
"$100,
and inserting in lieu thereof the following:
"$300.00,
so that when so amended subsection (c) of Section 2 shall read
as follows:
"(c) In addition to the salary and expenses provided in
subsections (a) and (b) of this section, the Chairman of the
Board of Commissioners of Walton County shall receive an
expense allowance of $300.00 per month payable from the
funds of Walton 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.
3830 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular
1985 session of the General Assembly of Georgia a bill to amend
an Act providing for a change in the compensation of certain
Walton County officers, approved March 23, 1977 (Ga. L. 1977,
p. 3924), as amended by an Act approved April 16, 1981 (Ga.
L. 1981, p. 4226), so as to change the expense allowance of the
chairman of the board of commissioners; and for other purposes.
This 30th day of January, 1985.
Neal Jackson
Representative,
65th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Neal Jackson, who, on oath,
deposes and says that he is Representative from the 65th Dis-
trict, and that the attached copy of Notice of Intention to Intro-
duce Local Legislation was published in the Walton Tribune
which is the official organ of Walton County, on the following
date: February 5, 1985.
/s/ Neal Jackson
Representative,
65th District
Sworn to and subscribed before me,
this 7th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 18, 1985.
GEORGIA LAWS 1985 SESSION
3831
HENRY COUNTY DEVELOPMENT AUTHORITY LOCAL
CONSTITUTIONAL AMENDMENT CONTINUED.
No. 113 (House Bill No. 767).
AN ACT
To continue in force and effect as a part of the Constitution
of the State of Georgia that constitutional amendment which
was proposed by Resolution Act No. 58 (House Resolution No.
222-467) of the 1966 General Assembly (Ga. L. 1966, p. 853),
and which was duly ratified at the 1966 general election and
which relates to the creation of the Henry County Development
Authority; to provide the authority for this Act; to repeal con-
flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. That constitutional amendment which was pro-
posed by Resolution Act No. 58 (House Resolution No. 222-467)
of the 1966 General Assembly (Ga. L. 1966, p. 853), and which
was duly ratified at the 1966 general election and which relates
to the creation of the Henry County Development Authority
shall not be repealed or deleted on July 1, 1987, as a part of
the Constitution of the State of Georgia but is specifically contin-
ued in force and effect on and after that date as a part of the
Constitution of the State of Georgia.
Section 2. This Act is passed pursuant to Article XI, Sec-
tion I, Paragraph IV of the Constitution of the State of Georgia
which authorizes the continuation of certain amendments to
the 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 regular
1985 session of the General Assembly of Georgia a bill to con-
tinue in force and effect as a part of the Constitution of Georgia
3832 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
that constitutional amendment which was proposed by Resolu-
tion Act. No. 58 (House Resolution No. 222-467) of the 1966
General Assembly (Ga. L. 1966, p. 853), and which was duly
ratified at the 1966 general election and which relates to the
creation of the Henry County Development Authority; to pro-
vide for related matters; and for other purposes.
This 30th day of January, 1985.
Honorable 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 Dis-
trict, and that the attached copy of Notice of Intention to Intro-
duce Local Legislation was published in the Henry Herald which
is the official organ of Henry County, on the following date:
January 30, 1985.
/s/ Wesley Dunn
Representative,
73rd District
Sworn to and subscribed before me,
this 11th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 18, 1985.
GEORGIA LAWS 1985 SESSION
3833
STATE COURT OF COBB COUNTY JUDGES;
COMPENSATION.
No. 114 (House Bill No. 965).
AN ACT
To amend an Act creating the State Court of Cobb County,
approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended,
particularly by an Act approved March 21, 1984 (Ga. L. 1984,
p. 4387), so as to change the compensation of the judges of the
state court; to change the compensation of associate judges of
the second division; to provide an effective date; to repeal con-
flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section If 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 21, 1984 (Ga. L. 1984,
p. 4387), is amended by striking from Section 23 the following:
'The salary of the judges of the State Court of Cobb
County shall be $47,862.00 per annum.,
and inserting in lieu thereof the following:
"The salary of the judges of the State Court of Cobb
County shall be $53,606.00 per annum.
Section 2. Said Act is further amended by striking the
first sentence of Section 2-3 of said Act which reads as follows:
"Each associate judge shall receive an annual salary of
$29,000.00 to be paid in equal monthly installments from
funds of Cobb County.,
and inserting in lieu thereof the following:
"Each associate judge shall receive an annual salary of
$40,000.00 to be paid in equal monthly installments from
funds of Cobb County.
3834 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 1985 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 4th day of January, 1985.
Roy E. Barnes
Haskew Brantley
Jim Tollison
Carl Harrison
Joe Mack Wilson
A. L. Burruss
Steve Thompson
Terry Lawler
Fred Aiken
Johnny Isakson
Bill Atkins
Frank Johnson
Tom Wilder
Bill Cooper
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 follow-
ing date: January 11, 1985.
/s/ Steve Thompson
Representative,
20th District
GEORGIA LAWS 1985 SESSION
3835
Sworn to and subscribed before me,
this 22nd day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 18, 1985.
BALDWIN COUNTY HOMESTEAD EXEMPTION FROM
BALDWIN COUNTY SCHOOL DISTRICT AD VALOREM
TAXES; REFERENDUM.
No. 115 (Senate Bill No. 116).
AN ACT
To provide a homestead exemption from all Baldwin County
School District ad valorem taxes for educational purposes for
certain residents of that school district who have annual incomes
not exceeding $16,000.00 and who are 65 years of age or over;
to provide for definitions; to specify the terms and conditions
of the exemption and the procedures relating thereto; to provide
for a referendum and effective dates; to repeal conflicting laws;
and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. For purposes of this Act, the term:
(1) "Ad valorem taxes for educational purposes means
all ad valorem taxes for educational purposes levied by, for,
or on behalf of the Baldwin County School District, including
but not limited to taxes to retire school bond indebtedness.
(2) "General law exemption means that homestead ex-
emption from county school district ad valorem taxes
3836 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
granted by Code Section 48-5-52 of the O.C.G.A. to persons
62 years of age or over.
(3) "Homestead means homestead as defined and quali-
fied in Code Section 48-5-40, except land included in that
homestead which exceeds five acres.
(4) "Income means gross income from all sources.
Section 2. Each resident of the Baldwin County School
District who is 65 years of age or over is granted an exemption
on that persons homestead from all Baldwin County School
District ad valorem taxes for educational purposes for the full
value of that homestead, if that persons income, together with
the income of all members of the family residing within such
homestead, does not exceed $16,000.00 for the immediately pre-
ceding taxable year.
Section 3. The tax commissioner of Baldwin County shall
provide application forms for the exemption granted by this
Act and shall require with the initial application an affidavit
by the owner as to the age of the owner, the income of the
owner and all members of the family residing within the home-
stead, and such other information as may be necessary to deter-
mine eligibility of the owner for the exemption.
Section 4. Any person who, as of January 1, 1987, has
applied for and is eligible for the general law exemption and
the exemption provided by Code Section 48-5-47 shall be eligible
for the exemption granted by this Act without further applica-
tion. Otherwise, the exemption shall be claimed and returned
as provided in Code Section 48-5-50.1 of the O.C.G.A. It shall
be the duty of any person granted the homestead exemption
under this Act to notify the tax commissioner of Baldwin County
in the event that person for any reason becomes ineligible for
that exemption.
Section 5. The exemption granted by this Act shall not
apply to or affect any state taxes, municipal taxes, or county
taxes for county purposes.
Section 6. The exemption granted by this Act shall be in
lieu of and not in addition to any other homestead exemption
GEORGIA LAWS 1985 SESSION
3837
from Baldwin County School District ad valorem taxes for educa-
tional purposes.
Section 7. The exemption granted by this Act shall apply
to all taxable years beginning after December 31, 1986.
Section 8. The exemption granted by this Act shall be ad-
ministered and granted in the same manner as the general law
exemption; and, unless otherwise expressly provided in this Act,
all provisions of general law which apply to the general law
exemption shall apply to the exemption granted by this Act.
Section 9. Not less than 30 nor more than 90 days prior
to the date of the August 1986, primary election, it shall be
the duty of the election superintendent of Baldwin County to
issue the call for an election for the purpose of submitting this
Act to the electors of the Baldwin County School District for
approval or rejection. The superintendent shall set the date of
such election for the date of the August, 1986, 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 Baldwin
County. The ballot shall have written or printed thereon the
following:
"( ) YES Shall the Act providing a homestead
exemption from all Baldwin County
( ) NO School District ad valorem taxes for
educational purposes for that school
district for certain residents of that
district who have annual incomes not
exceeding $16,000.00 and who are 65
years of age or over 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
8 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 Baldwin
County. It shall be the duty of the superintendent to hold and
conduct such election. It shall be the superintendents further
duty to certify the result thereof to the Secretary of State.
3838 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 at the regular
1985 session of the General Assembly of Georgia a bill to provide
that the homestead of each resident of Baldwin County who
is 65 years of age or older and who has a net income not exceed-
ing $20,000.00 shall be exempt from all Baldwin County ad valo-
rem taxes for school purposes; and for other purposes.
This 14 day of January, 1985.
Culver Kidd
Senator,
25th District
AFFIDAVIT OF PUBLICATION
State of Georgia.
County of Baldwin.
I, Roger W. Coover, do solemnly swear that I am the Pub-
lisher of The Union-Recorder, printed and published at Milledge-
ville in the state of Georgia, and that from my personal knowl-
edge and reference to files of said publication the legal
advertisement of: Notice of Intention to Introduce Local Legisla-
tionHomestead Exemption was inserted in space of legal ad-
vertisement as follows: January 18, 1985.
/s/ Roger W. Coover,
Publisher
Subscribed and sworn before me,
this 18th day of January, 1985.
/s/ Nancy D. Veal
Notary Public.
My commission expires: 8-19-86.
Approved March 18, 1985.
GEORGIA LAWS 1985 SESSION
3839
DADE COUNTY WATER AND SEWER AUTHORITY
REVENUE BONDS.
No. 116 (Senate Bill No. 177).
AN ACT
To amend an Act creating the Dade County Water and Sewer
Authority, approved March 25, 1958 (Ga. L. 1958, p. 3260), as
amended by an Act approved April 2,1973 (Ga. L. 1973, p. 2542),
so as to change provisions relating to issuance of revenue bonds
by the authority; to provide for other matters relative to the
foregoing; to provide an effective date; to repeal conflicting laws;
and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act creating the Dade County Water and
Sewer Authority, approved March 25,1958 (Ga. L. 1958, p. 3260),
as amended by an Act approved April 2, 1973 (Ga. L. 1973, p.
2542), is amended by striking in its entirety Section 5 and insert-
ing in its place a new Section 5 to read as follows:
"Section 5. The authority, or any authority or body
which has or which may in the future succeed to the powers,
duties, and liabilities vested in the authority created hereby,
shall have power and is authorized at one time, or from
time to time, to provide by resolution for the issuance of
revenue bonds, in a sum not to exceed $10 million outstand-
ing 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 herein provided for such
payment. The bonds of each issue shall be dated, shall bear
interest at the rate or rates, and shall mature at such time
or times as permitted by resolution of the authority. The
bonds 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 by resolution of the authority.
3840 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2. Said Act is further amended by striking in its
entirety Section 9 and inserting in its place a new Section 9
to read as follows:
"Section 9. The authority may sell such bonds in such
manner and for such price as it may determine to be for
the best interests of the authority.
Section 3. This Act shall become effective upon its ap-
proval 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 session of the General Assembly, 1985, a bill to amend
the Acts which created the Dade County Water and Sewer Au-
thority, so as to change provisions relating to the issuance of
revenue bonds by the authority and to the Authoritys power
to acquire existing water and sewage facilities and for other
purposes.
This the 21st day of January, 1985.
Glen M. Vey
Attorney for the Dade
County Water and Sewer
Authority
Publishers Affidavit.
Personally appeared before the undersigned attesting officer,
duly authorized by law to administer oaths Eddy Gifford who,
being duly sworn, on oath says that he is the Publisher of the
Dade County Sentinel, the legal organ for Dade County ran
the notice for Dade Water Authority Local Legislation for said
county on the following date: Jan. 23, 1985.
/s/ Eddy Gifford,
Publisher
GEORGIA LAWS 1985 SESSION
3841
Sworn to and subscribed before
me this 31st day of Jan.
/s/ Denise S. England
Notary Public.
Approved March 18, 1985.
CALHOUN COUNTY CHAIRMAN OF THE BOARD OF
COMMISSIONERS; COMPENSATION.
No. 117 (Senate Bill No. 179).
AN ACT
To amend an Act relating to the board of commissioners
of Calhoun County, approved August 10, 1908 (Ga. L. 1908, p.
276), as amended, particularly by an Act approved April 14,
1967 (Ga. L. 1967, p. 3141), 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 relating to the board of commissioners
of Calhoun County, approved August 10, 1908 (Ga. L. 1908, p.
276), as amended, particularly by an Act approved April 14,
1967 (Ga. L. 1967, p. 3141), is amended by striking Section 10
which reads as follows:
"Section 10. Be it further enacted by the authority afore-
said, that each of the said commissioners shall be paid the
sum of fifty ($50.00) dollars per month and the travel ex-
penses incurred while in the discharge of their duties. The
chairman, in addition to such compensation, shall receive
the additional sum of $50.00 per month. Each of said commis-
3842 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
sioners shall also be exempt from road, jury and militia
duty.,
and inserting in its place a new section to read as follows:
"Section 10. Be it further enacted by the authority afore-
said, that each of the said commissioners shall be paid the
sum of $50.00 dollars per month and the travel expenses
incurred while in the discharge of their duties. The chair-
man, in addition to such compensation, shall receive the
additional sum of $150.00 per month.
Section 2. This Act shall become effective on the first day
of the month following the month in which it is approved by
the Governor or in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Notice of Intention to Introduce Local Legislation
Notice is given that there will be introduced at the regular
1985 session of the General Assembly of Georgia a bill to amend
an Act creating the Calhoun County board of commissioners,
approved August 10, 1908 (Ga. L. 1908, p. 276), as amended;
and for other purposes.
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 Her-
ald which is the official organ of Calhoun County, on the follow-
ing date: January 30, 1985.
/s/ Jimmy Hodge Timmons
Senator,
11th District
GEORGIA LAWS 1985 SESSION
3843
Sworn to and subscribed before me,
this 4th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 18, 1985.
MACON COUNTY INDUSTRIAL BUILDING AUTHORITY
LOCAL CONSTITUTIONAL AMENDMENT CONTINUED.
No. 118 (Senate Bill No. 184).
AN ACT
To continue in force and effect as a part of the Constitution
of the State of Georgia that constitutional amendment (Res.
Act 91, H.R. 366-766, Ga. L. 1962, p. 771) duly ratified at the
1962 general election and proclaimed by the Governor to be a
part of the Constitution of 1945, and subsequently made a part
of the Constitution of 1976, which amendment created the Ma-
con County Industrial Building Authority; to provide the author-
ity for this Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. That constitutional amendment (Res. Act 91,
H.R. 366-766, Ga. L. 1962, p. 771) duly ratified at the 1962 gen-
eral election and proclaimed by the Governor to be a part of
the Constitution of 1945, and subsequently made a part of the
Constitution of 1976, which amendment created the Macon
County Industrial Building Authority, shall not be repealed or
deleted on July 1, 1987, as a part of the Constitution of the
State of Georgia but is specifically continued in force and effect
3844 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
on and after that date as a part of the Constitution of the State
of Georgia.
Section 2. This Act is passed pursuant to Article XI, Sec-
tion I, Paragraph IV of the Constitution of the State of Georgia
which authorizes the continuation of certain amendments to
the 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 regular
1985 session of the General Assembly of Georgia a bill to con-
tinue in force and effect that constitutional amendment (Res.
Act 91, H.R. 366-766, Ga. L. 1962, p. 771) duly ratified at the
1962 general election and proclaimed by the Governor to be a
part of the Constitution of 1945, and subsequently made a part
of the Constitution of 1976, which amendment created the Ma-
con County Industrial Building Authority; to provide for author-
ity; to repeal conflicting laws; and for other purposes.
This 21st day of January, 1985.
/s/ Honorable L. H. McKenzie
Senator,
14 th District
Georgia, Fulton County.
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 23, 1985.
/s/ Lewis H. McKenzie
Senator,
14th District
GEORGIA LAWS 1985 SESSION
3845
Sworn to and subscribed before me,
this 4th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 18, 1985.
GRIFFIN-SPALDING COUNTY DEVELOPMENT
AUTHORITY LOCAL CONSTITUTIONAL AMENDMENT
CONTINUED.
No. 119 (Senate Bill No. 188).
AN ACT
To continue in force and effect as a part of the Constitution
of the State of Georgia that constitutional amendment (Res.
Act 182, H.R. 615-1163, Ga. L. 1962, p. 945), duly ratified at
the 1962 general election and proclaimed by the Governor to
be a part of the Constitution of 1945 and continued in effect
in the Constitution of Georgia of 1976 by virtue of Article XIII,
Section L. Paragraph II thereof and having previously been
amended by Act No. 1134, Ga. L. 1978, p. 4151 and by Act
No. 731, Ga. L. 1981, p. 4875 and by Act No. 98, Ga. L. 1983,
p. 3834, which amendment provides for the Griffin-Spalding
County Development Authority and its powers, duties, and au-
thority; to provide the authority for this Act; to repeal conflicting
laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. That constitutional amendment (Res. Act. 182,
H.R. 615-1163, Ga. L. 1962, p. 945), duly ratified at the 1962
general election and proclaimed by the Governor to be a part
of the Constitution of 1945 and continued in effect in the Consti-
tution of Georgia of 1976 by virtue of Article XIII, Section I,
Paragraph II thereof and having previously been amended by
3846 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Act No. 1134, Ga. L. 1978, p. 4151 and by Act No. 731, Ga. L.
1981, p. 4875 and by Act No. 98, Ga. L. 1983, p. 3834, which
amendment provides for the Griffin-Spalding County Develop-
ment Authority and its powers, duties, and authority, shall not
be repealed or deleted on July 1, 1987, as a part of the Constitu-
tion of the State of Georgia but is specifically continued in force
and effect on and after that date as a part of the Constitution
of the State of Georgia.
Section 2. This Act is passed pursuant to Article XI, Sec-
tion I, Paragraph IV of the Constitution of the State of Georgia
which authorizes the continuation of certain amendments to
the 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 regular
1985 session of the General Assembly of Georgia, a bill to con-
tinue in force and effect as part of the Constitution of the State
of Georgia that constitutional amendment (Res. Act 182, H.R.
615-1163, Ga. L. 1962, p. 945), duly ratified at the 1962 general
election and proclaimed by the Governor to be a part of the
Constitution of 1945 and continued in effect in the Constitution
of Georgia of 1976 by virtue of Article XIII, Section I, Paragraph
II thereof and having previously been amended by Act No. 1134,
Ga. L. 1978, p. 4151 and by Act No. 731, Ga. L. 1981, p. 4875
and by Act No. 98, Ga. L. 1983, p. 3834, which amendment
provides for the Griffin-Spalding County Development Authority
and its powers, duties, and authority; to provide authority; and
for other purposes.
This 17th day of January, 1985.
/s/ Mildred Sawyer, Secretary
Griffin-Spalding County
Development Authority
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Kyle Cobb, who, on oath,
deposes and says that he is Senator from the 28th District, and
that the attached copy of Notice of Intention to Introduce Local
GEORGIA LAWS 1985 SESSION
3847
Legislation was published in the Griffin Dailey News which is
the official organ of Spalding County, on the following date:
January 30, 1985.
/s/ Kyle Cobb
Senator,
28th District
Sworn to and subscribed before me,
this 4th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 18, 1985.
DeKALB COUNTY BOARD OF EDUCATION;
COMPENSATION.
No. 120 (Senate Bill No. 227).
AN ACT
To amend an Act establishing in DeKalb County districts
from which the members of the county board of education shall
be elected, approved April 12, 1963 (Ga. L. 1963, p. 3424), as
amended, so as to change the provisions relative to the compen-
sation of the members of the board of education; to provide
an effective date; to repeal conflicting laws; and for other pur-
poses.
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
3848 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
be elected, approved April 12, 1963 (Ga. L. 1963, p. 3424), as
amended, is amended by striking Section 9 in its entirety and
substituting in lieu thereof a new Section 9 to read as follows:
"Section 9. The chairman and each member of the
Board of Education of DeKalb County shall be paid $800.00
per month as their compensation for services rendered and
for attendance at all regular and special meetings 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.
Local Legislation Intention.
Notice is hereby given that there will be introduced in the
regular 1985 Session of the General Assembly of Georgia, a
bill to change the compensation of the members of the DeKalb
County Board of Education.
This 22nd day of January, 1985.
James W. Tysinger
Senator,
41st District
Publishers Certificate.
State of Georgia.
County of DeKalb.
Personally appeared before the undersigned, a notary public
within and for said county and State, Gerald Wm. Crane, Co-
publisher of Decatur DeKalb News/Era, a newspaper publisher
at Decatur, county of DeKalb, State of Georgia who, being duly
sworn, states on oath that the report of Local Legislation inten-
tion on DeKalb Board of Education, a true copy of which is
hereto annexed, was published in said newspaper in its issue
of the 31st day of January, 1985.
GEORGIA LAWS 1985 SESSION
3849
/s/ Gerald W. Crane
Publisher
By: Lynn Milner, Agent
37th District
Sworn to and subscribed before me,
this 31st day of January, 1985.
/s/ B. Lynn Crane
Notary Public.
My commission expires January 3, 1986.
(Seal).
Approved March 18, 1985.
MACON COUNTY BOARD OF COMMISSIONERS;
MEMBERSHIP; ELECTIONS.
No. 121 (Senate Bill No. 236).
AN ACT
To amend an Act creating a board of commissioners for Ma-
con County, approved August 26, 1872 (Ga. L. 1872, p. 434),
as amended by an Act approved August 9, 1912 (Ga. L. 1912,
p. 419), an Act approved July 27, 1925 (Ga. L. 1925, p. 694),
an Act approved March 27, 1947 (Ga. L. 1947, p. 961), an Act
approved February 12, 1951 (Ga. L. 1951, p. 2334), an Act ap-
proved March 9, 1956 (Ga. L. 1956, p. 3286), an Act approved
April 5, 1961 (Ga. L. 1961, p. 3449), an Act approved March
25, 1974 (Ga. L. 1974, p. 3372), and an Act approved March
14, 1983 (Ga. L. 1983, p. 4048), so as to provide for the member-
ship of the board of commissioners; to provide for election dis-
tricts; to provide for elections; to provide for a chairman and
a vice-chairman; to provide for current members; to provide
for submission 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.
3850 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act creating a board of commissioners for
Macon County, approved August 26, 1872 (Ga. L. 1872, p. 434),
as amended by an Act approved August 9, 1912 (Ga. L. 1912,
p. 419), an Act approved July 27, 1925 (Ga. L. 1925, p. 694),
an Act approved March 27, 1947 (Ga. L. 1947, p. 961), an Act
approved February 12, 1951 (Ga. L. 1951, p. 2334), an Act ap-
proved March 9, 1956 (Ga. L. 1956, p. 3286), an Act approved
April 5, 1961 (Ga. L. 1961, p. 3449), an Act approved March
25, 1974 (Ga. L. 1974, p. 3372), and an Act approved March
14, 1983 (Ga. L. 1983, p. 4048), is amended by striking Section
1 and Section 2 and inserting in lieu thereof a new Section 1
and Section 2 to read as follows:
"Section 1. (a) There is established a Board of Commis-
sioners of Macon County consisting of five members.
(b) For the purpose of electing members of the board
of commissioners, Macon County shall be divided into five
commissioner districts described as follows:
Commissioner District No. 1
Beginning at the point where the main run of the
Flint River intersects with the main run of Buck Creek,
then run Northerly along the main run of the Flint River
to the point where the same intersects with the Macon
County-Taylor County line; and then run Westerly along
the Macon County line separating Macon, Taylor and
Schley Counties until it intersects with Buck Creek; and
then run Easterly along the main run of Buck Creek
to the point of beginning.
Commissioner District No. 2
Beginning at the point where the main run of the
Flint River intersects with the main run of Buck Creek,
then run Southerly along the main run of the Flint River
to the point where the same intersects with the Macon
County-Sumter County line (the same being at the point
where Sweetwater Creek intersects with the Flint River);
and then run Westerly along the Macon County line sepa-
GEORGIA LAWS 1985 SESSION
3851
rating Macon, Sumter and Schley Counties until it inter-
sects with Buck Creek being the Southern District line
of District NO. 1; and then Easterly along the Southern
District line of District No. 1 until the point of beginning.
Commissioner District No. 3
Beginning at the point where the main run of the
Flint River intersects with the North City Limit Line
of the City of Montezuma, Macon County, Georgia, then
run North along the main run of the Flint River (being
the East District line of District No. 1) to the point where
the same intersects with the Macon County-Peach
County line; and then along the Macon County line sepa-
rating Macon, Peach and Houston Counties until it inter-
sects with the centerline of State Route 26; and then
Westerly along the centerline of State Route 26 until
it intersects with Slow Run Creek; and then Northerly
along the main run of Slow Run Creek until it intersects
with County Road 138; and then Westerly along the cen-
terline of County Road 138 until it intersects with County
Road 24; and then Westerly along the centerline of
County Road 24 until it intersects with State Route 224;
and then Westerly along the centerline of State Route
224 until it intersects with the East City Limit Line of
the City of Montezuma; and then Northwesterly along
the City Limit Line of the City of Montezuma until the
point of beginning.
Commissioner District No. 4
Beginning at the point where the North City Limit
line of the City of Montezuma intersects with the main
run of the Flint River, then run Easterly along the said
City Limit line until it intersects with the centerline of
State Route 49; and then Southerly along the centerline
of State Route 49 until it intersects with the centerline
of South Dooly Street and then South along the center-
line of South Dooly Street until it intersects with the
centerline of State Route 26; and then Easterly along
the centerline of State Route 26 until it intersects with
State Route 90; and then Southerly along the centerline
of State Route 90 until it intersects with the Southern
City Limit line of Montezuma, Georgia; and then West-
3852 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
erly along the said City Limit line until it intersects with
the main run of the Flint River; and then Northerly
along the main run of the Flint River (being the West
City Limit line of said City and the East District line
of District No. 2) until the point of beginning.
Commissioner District No. 5
Beginning at the point where the centerline of State
Route 26 intersects with the centerline of South Dooly
Street in the City of Montezuma, then run Easterly along
the centerline of State Route 26 to its intersection with
State Route 90; then Southerly along the centerline of
State Route 90 until it intersects with the Southern City
Limit line of said City; and then Westerly along the said
City Limit line until it intersects with the main run of
the Flint River; and then Southerly along the main run
of the Flint River (being the East District Line of District
No. 2) until it intersects with the Macon County-Dooly
County line; and then Easterly along the Macon County
line separating Macon, Dooly and Houston Counties until
it intersects with the Southern boundary of District No.
3; and then Westerly along the Southern boundary of
District No. 3 until it intersects with the centerline of
State Route 49 and then Southerly along the centerline
of State Route 49 until it intersects with the centerline
of South Dooly Street in the City of Montezuma; and
then Southerly along the centerline of South Dooly Street
to the point of beginning.
(c) For the purposes of this section, whenever the de-
scription 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.
(d) Those members of the board of commissioners in
office on January 15, 1986, shall serve out the remainder
of the terms to which they were elected at the special election
held in 1985 pursuant to an order entered by the federal
district court. At the general election in 1988 and every
four years thereafter, a member of the board of commission-
ers shall be elected from Commissioner District 2 and a mem-
ber of the board of commissioners shall be elected from Com-
GEORGIA LAWS 1985 SESSION
3853
missioner District 4. At the general election in 1990 and
every four years thereafter, a member of the board of com-
missioners shall be elected from Commissioner District 1,
a member of the board of commissioners shall be elected
from Commissioner District 3, and a member of the board
of commissioners shall be elected from Commissioner Dis-
trict 5. Each member of the board of commissioners shall
take office on January 1 following his election or as soon
thereafter as he takes his oath of office.
Section 2. (a) Members of the board of commissioners
shall serve for terms of office of four years and until their
successors are elected and qualified. A member of the board
of commissioners must reside within the commissioner dis-
trict from which he is selected and shall be elected by the
electors residing within the commissioner district. Each
member shall be elected by a majority vote.
(b) All primaries and elections shall be held in accor-
dance with 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
8 and Section 9 of said 1912 amendatory Act and inserting in
lieu thereof a new Section 8 and Section 9 to read as follows:
"Section 8. At the first meeting in January, 1986, the
board shall select a chairman from its members. He shall
preside at all meetings of the board when he is present and
shall be the executive officer of said board. He shall sign,
as chairman thereof, all contracts and county warrants
which shall also be countersigned by the clerk of said board.
He shall, when deemed necessary, call special meetings of
said board and shall, through the clerk, give such notice
as may be required by law. The chairman shall have a right
to vote on all matters before the board.
Section 9. At the first meeting in January, 1986, the board
shall select a vice-chairman from its members. The vice-
chairman shall preside at board meetings in the absence
of the chairman and shall discharge all other duties required
by the chairman.
Section 3. It shall be the duty of the county attorney of
Macon County to submit this Act to the Attorney General of
3854 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
the United States for review under the federal Voting Rights
Act of 1965. It shall be the duty of the board of commissioners
to direct and ensure that such submissions are made by the
county attorney. It shall be the duty of the county attorney
and the Board of Commissioners of Macon County to ensure
that such submission has been completed as soon as practical
after the Governor approves this Act or after it becomes law
without his approval.
Section 4. (a) Except as provided in subsection (b) of this
section, this Act shall become effective January 1, 1986.
(b) Section 3 of this Act shall become effective upon this
Acts 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 1985 session of the General Assembly of Georgia a Bill
to amend an Act establishing a Board of Commissioners of Ma-
con County, Georgia, approved August 26, 1872 (Ga. L. 1872,
p. 434), as amended, and for other purpose.
This 28th day of January, 1985.
/s/ Lewis H. McKenzie
Senator,
14th District
Georgia, Fulton County.
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 30, 1985.
GEORGIA LAWS 1985 SESSION
3855
/s/ Lewis H. McKenzie
Senator,
14th District
Sworn to and subscribed before me,
this 12th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 18, 1985.
BRYAN COUNTY BUSINESS AND OCCUPATIONAL
LICENSE TAXES.
No. 122 (Senate Bill No. 255).
AN ACT
To authorize the governing authority of Bryan County to
impose business and occupational license taxes and license fees
upon persons, firms, and corporations doing business in the unin-
corporated area of the county; to provide exceptions; 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) The governing authority of Bryan County
is authorized to levy, assess, and collect business and occupa-
tional license taxes and license fees from all persons, firms,
and corporations doing business in the unincorporated area of
Bryan County, except those businesses specifically exempted by
this Act.
(b) The following businesses shall be exempt from taxes
and fees imposed under this Act:
3856 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(1) Those businesses regulated by the Georgia Public
Service Commission;
(2) Those electrical service businesses organized un-
der 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 authoriz-
ing 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 rela-
tes.
(c) The governing authority of Bryan 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 Bryan County is authorized
to enact ordinances for the enforcement of this Act and to pro-
vide for the punishment of violations of such ordinances.
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 1985 session of the General Assembly of Georgia a bill
to authorize the governing authority of Bryan County to impose
business and occupational license taxes and license fees in the
unincorporated areas of the County; to provide for related mat-
ters; and for other purposes.
This 5th day of February, 1985.
Glenn E. Bryant,
Senator
3rd Senatorial District
GEORGIA LAWS 1985 SESSION
3857
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 Bryan County Times
which is the official organ of Bryan County, on the following
date: February 13, 1985.
/s/ Glenn E. Bryant
Senator,
3rd District
Sworn to and subscribed before me,
this 18th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 18, 1985.
MORGAN COUNTY MAGISTRATE COURT; CLERK;
COURT COSTS.
No. 123 (Senate Bill No. 259).
AN ACT
To amend an Act providing changes in the Magistrate Court
of Morgan County, approved March 21, 1984 (Ga. L. 1984, p.
4398), so as to authorize the chief magistrate of the Magistrate
Court of Morgan County to select the clerk of the magistrate
court; to provide qualifications and compensation for such clerk;
to authorize the chief magistrate of the Magistrate Court of
Morgan County to assess court costs for all criminal warrants
dismissed as a result of a preliminary hearing; to repeal conflict-
ing laws; and for other purposes.
3858 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act providing changes in the Magistrate
Court of Morgan County, approved March 21,1984 (Ga. L. 1984,
p. 4398), is amended by renumbering Section 3 as Section 5
and adding new Sections 3 and 4 to read as follows:
"Section 3. Pursuant to Code Section 15-10-105 of the
O.C.G.A.:
(a) The chief magistrate of the Magistrate Court of Mor-
gan County shall appoint a clerk for the Magistrate Court
of Morgan County to serve at the pleasure of the chief magis-
trate. The chief magistrate shall fix the compensation of
the clerk with the approval of the county governing author-
ity.
03) The chief magistrate or some other magistrate ap-
pointed by the chief magistrate may perform the duties of
clerk, if the chief magistrate so chooses.
(c) If the clerk of the magistrate court is not a magis-
trate, the qualifications for clerk shall be at least 21 years
of age, shall have a high school diploma or the equivalent
thereof, and shall have been a resident of the county for
one year.
Section 4. The chief magistrate of the Magistrate Court
of Morgan County shall have the authority to assess court
costs for all criminal warrants dismissed as a result of a
preliminary hearing. Said funds shall be transferred by the
chief magistrate or the clerk of the magistrate court to the
clerk of the Superior Court of Morgan County for proper
disbursement.
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
1985 session of the General Assembly of Georgia a bill to allow
the chief magistrate of the Magistrate Court of Morgan County
to select the clerk of the magistrate court, to set the qualifica-
tions of the Clerk of the Magistrate Court of Morgan County,
GEORGIA LAWS 1985 SESSION
3859
and to allow the chief magistrate of Morgan County to assess
court costs for all criminal warrants dismissed as a result of a
preliminary hearing; and for other purposes.
This 8th day of February, 1985.
Culver Kidd
Honorable 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 Madisonian which is the official
organ of Morgan County, on the following date: February 14,
1985.
/s/ Culver Kidd
Senator,
25th District
Sworn to and subscribed before me,
this 18th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 18, 1985.
3860 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
GLYNN COUNTY BOARD OF EDUCATION;
COMPENSATION.
No. 124 (Senate Bill No. 271).
AN ACT
To amend an Act entitled "An Act to consolidate and amend
'An Act to regulate public instruction in the county of Glynn,
approved February 21st, 1873, and the several Acts amendatory
thereof, and for other purposes herein mentioned., approved
August 12, 1914 (Ga. L. 1914, p. 275), as amended, particularly
by an Act approved April 11, 1979 (Ga. L. 1979, p. 3467), so
as to fix the compensation of the members of the board of educa-
tion of Glynn 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 consolidate and
amend 'An Act to regulate public instruction in the county of
Glynn, approved February 21st, 1873, and the several Acts
amendatory thereof, and for other purposes herein mentioned.,
approved August 12, 1914 (Ga. L. 1914, p. 275), as amended,
particularly by an Act approved April 11, 1979 (Ga. L. 1979,
p. 3467), is amended by striking subsection (e) of Section 1 in
its entirety and substituting in lieu thereof a new subsection
(e) to read as follows:
"(e) The members of the board shall receive an annual
salary for their services equal to 50 percent of the annual
salary of the members of the board of commissioners of
Glynn County excluding the chairman of the board of com-
missioners. Said salary shall be payable monthly out of the
funds of the board of education of Glynn 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
1985 Session of the General Assembly of Georgia a bill to amend
GEORGIA LAWS 1985 SESSION
3861
an act entitled "An Act to Consolidate and Amend an Act to
Regulate Public Instruction in the County of Glynn, approved
February 21, 1873, and the several acts amendatory thereof,
and for other purposes herein mentioned, approved August
12, 1914, (Ga. L. 1914, p. 275), as amended, and particularly
as amended by an Act approved April 11, 1979 (Ga. L. 1979,
p. 3467), and for other purposes.
This 14th day of February, 1985.
Glenn Bryant
The Honorable Glenn Bryant,
Senator
Senate District 3
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Glenn E. Bryant, who, on
oath, deposes and says that he is Senator from the 3rd District,
and that the attached copy of Notice of Intention to Introduce
Local Legislation was published in the Brunswick News which
is the official organ of Glynn County, on the following date:
February 16, 1985.
/s/ Glenn E. Bryant
Senator,
3rd District
Sworn to and subscribed before me,
this 21st day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 18, 1985.
3862 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
COBB COUNTY BOARD OF COMMISSIONERS;
COMPENSATION.
No. 125 (Senate Bill No. 274).
AN ACT
To amend an Act creating a board of commissioners for Cobb
County, Georgia, approved June 19,1964 (Ga. L. 1964, Ex. Sess.,
p. 2075), as amended, particularly by an Act approved March
18,1983 (Ga. L. 1983, p. 4283), so as to change the compensation
provisions relating to the members of the board of commission-
ers; to provide an effective date; to repeal conflicting laws; and
for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act creating a board of commissioners for
Cobb County, Georgia, approved June 19, 1964 (Ga. L. 1964,
Ex. Sess., p. 2075), as amended, particularly by an Act approved
March 18, 1983 (Ga. L. 1983, p. 4283), is amended by striking
Section 8 in its entirety and inserting in lieu thereof a new
Section 8 to read as follows:
"Section 8. Compensation. Commissioners, other than
the chairman, shall be paid as their entire compensation
for services as same, the sum of $11,000.00 per annum, paya-
ble monthly, to be paid out of the county treasury upon
warrants drawn upon the county treasury. The chair-
man shall receive as his entire compensation the sum of
$27,500.00 per annum, payable monthly, also to be paid out
of the county treasury upon warrants drawn upon the county
treasury. The salary so fixed shall constitute the entire com-
pensation from all sources to which said chairman or either
commissioner shall be entitled. The chairman and the com-
missioners may be reimbursed for reasonable expenses in-
curred in carrying out their duties. Such expenses shall in-
clude the following:
(1) Mileage reimbursement for the use of a personal
automobile while conducting county business;
GEORGIA LAWS 1985 SESSION
3863
(2) Secretarial services, if required, over and above
the services normally provided by the county; and
(3) Travel and lodging expenses and fees incurred
in conjunction with training seminars, conventions, or
county business conducted outside of Cobb County.
Expenses may be reimbursed only after the submission
of receipts for said expenses to the county comptroller and
the approval by majority vote of the commission at a regu-
larly scheduled meeting. The chairman and commissioners
shall not be entitled to any further compensation for serving
on any other boards or authorities by virtue of their office.
Section 2. This Act shall become effective on the first day
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 in the
regular 1985 Session of the General Assembly of Georgia, a
bill to amend an act creating a Board of Commissioners of Roads
and Revenues for Cobb County, Georgia, approved June 19,1964
(GA. L. 1964, Ex. Sess., p. 2075) and for other purposes.
This 4th day of January, 1985.
Roy E. Barnes
Haskew Brantley
Jim Tollison
Carl Harrison
Joe Mack Wilson
A. L. Burruss
Steve Thompson
Terry Lawler
Fred Aiken
Johnny Isakson
Bill Atkins
Frank Johnson
Tom Wilder
Bill Cooper
3864 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Carl Harrison, who, on
oath, deposes and says that he 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 11, 1985.
/s/ Carl Harrison
Senator,
37th District
Sworn to and subscribed before me,
this 25th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 18, 1985.
COBB COUNTY JUDGE AND CLERK OF THE PROBATE
COURT; COMPENSATION.
No. 126 (Senate Bill No. 276).
AN ACT
To amend an Act changing the compensation of the clerk
of the superior court, the sheriff, and the judge of the Probate
Court of Cobb County from the fee system to the salary system,
approved February 9, 1949 (Ga. L. 1949, p. 427), as amended,
so as to change the compensation of the judge and the clerk
of the probate court; to provide an effective date; to repeal con-
GEORGIA LAWS 1985 SESSION
3865
flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act changing the compensation of the clerk
of the superior court, the sheriff, and the judge of the Probate
Court of Cobb County from the fee system to the salary system,
approved February 9, 1949 (Ga. L. 1949, p. 427), as amended,
is amended by striking in its entirety Section 2A and inserting
in its place a new Section 2A to read as follows:
"Section 2A. The judge of the Probate Court of Cobb
County shall receive an annual salary of $47,400.00, to be
paid in equal monthly installments from the funds of Cobb
County.
Section 2. Said Act is further amended by striking in its
entirety the second sentence of Section 3 and inserting in its
place a new sentence to read as follows:
"The clerk of the probate court shall be compensated
in the amount of $26,500.00 per annum, payable in equal
monthly installments from the funds of Cobb County.
Section 3. This Act shall become effective on the first day
of the month following the month in which it is approved by
the Governor or in which it becomes law without his approval.
Section 4. All laws and parts of laws in conflict with this
Act are repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the
regular 1985 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 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.
3866 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This 4th day of January, 1985.
Roy E. Barnes
Haskew Brantley
Jim Tollison
Carl Harrison
Joe Mack Wilson
A. L. Burruss
Steve Thompson
Terry Lawler
Fred Aiken
Johnny Isakson
Bill Atkins
Frank Johnson
Tom Wilder
Bill Cooper
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 11, 1985.
/s/ Carl Harrison
Senator,
37th District
Sworn to and subscribed before me,
this 25th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 18, 1985.
GEORGIA LAWS 1985 SESSION
3867
CITY OF SENOIA CORPORATE LIMITS.
No. 127 (Senate Bill No. 280).
AN ACT
To amend an Act reincorporating the City of Senoia in
Coweta County and providing a new charter for said city, ap-
proved April 28, 1969 (Ga. L. 1969, p. 3751), so as to change
the corporate limits of said city; to repeal conflicting laws; and
for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act reincorporating the City of Senoia in
Coweta County and providing a new charter for said city, ap-
proved April 28, 1969 (Ga. L. 1969, p. 3751), is amended by
striking Section 1.11 in its entirety and inserting in lieu thereof
a new Section 1.11 to read as follows:
"Section 1.11. (a) The corporate limits of the City of
Senoia shall be as described and set forth in Appendix One
hereto.
(b) In addition to the property described in subsection
(a) and Appendix One, the corporate limits of the City of
Senoia shall also include the following described property:
All that tract or parcel of land lying and being situa-
ted in Land Lots 278, 280, 281, 288, 289, 290, 291, 309
and 310 of the First Land District of Coweta County,
Georgia and being more particularly described as follows:
Starting at the 'Point of Beginning at the intersection
of the City Limits of the City of Senoia with the Western
Border of Land Lot 278, run in a Southerly direction
along the Western Border of Land Lot 278 to the South-
ern Border of Land Lot 278; thence run in an Eastwardly
direction along the Southern Border of Land Lots 278
and 291 to a point located on the line parallel to, and
six hundred and sixty feet (660') on the East side of the
centerline of Georgia Highway 85; thence run Northeast-
3868 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
wardly along the line parallel to, and six hundred and
sixty feet (660') on the East side of the centerline of Geor-
gia Highway 85 to the intersection with the centerline
of Keg Creek; thence run in a Northwestward direction
along the centerline of Keg Creek to the intersection
with the centerline of Rock-a-Way Road; thence run in
a Northward direction along the centerline of Rock-a-
Way Road to the intersection with the Northern Border
of Land Lot 288; thence run in a Westward direction
along the Northern Borders of Land Lots 288 and 281
to the intersection with the Western Border of Land Lot
281; thence run in a Southerly direction along the West-
ern Border of Land Lots 281 and 280 to the intersection
with the City Limits of Senoia; thence run in an Eastward
direction along the City Limits of the City of Senoia to
the 'Point of Beginning.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular
1985 session of the General Assembly of Georgia a bill to amend
an Act reincorporating the City of Senoia in Coweta County
and providing a new charter for said city, approved April 28,
1969 (Ga. L. 1969, p. 3751); and for other purposes.
This 15th day of February, 1985.
Honorable Kyle Cobb
Senator,
28th District
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:
February 21, 1985.
GEORGIA LAWS 1985 SESSION
3869
/s/ Kyle Cobb
Senator,
28th District
Sworn to and subscribed before me,
this 25th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 18, 1985.
CITY OF WOODSTOCK CORPORATE LIMITS.
No. 128 (Senate Bill No. 283).
AN ACT
To amend an Act re-creating and reincorporating the City
of Woodstock, approved April 17, 1975 (Ga. L. 1975, p. 4160),
as amended, so as to change the corporate boundaries of the
city; 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 adding at the end of Section 1.11
a new subsection, to be designated subsection (c), to read as
follows:
"(c) The corporate boundaries of the City of Woodstock
shall further include the following tracts or parcels of land:
All that tract or parcel of land lying and being in landlots
1208 and 1241 of the 15th District, 2nd Section, Cherokee
County, Georgia, and being sixty (60) acres, more or less,
3870 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
and being more particularly described as all of landlot 1208
of the 15th District, 2nd Section, Cherokee County, Georgia,
being forty (40) acres more or less, and the north one-half
of landlot 1241 of the 15th District, 2nd Section, being twenty
(20) acres, more or less.
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
1985 session of the General Assembly of Georgia a bill to amend
and change the city limits of the City of Woodstock, Georgia;
to annex additional property; to provide for all related matters;
and for other purposes.
This 15th day of February, 1985.
Carl Harrison
Senator,
District 37
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 27th 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 20, 1985.
/s/ Carl Harrison
Senator,
37th District
Sworn to and subscribed before me,
this 26th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 18, 1985.
GEORGIA LAWS 1985 SESSION
3871
CENTRAL VALDOSTA DEVELOPMENT AUTHORITY
LOCAL CONSTITUTIONAL AMENDMENT CONTINUED.
No. 130 (House Bill No. 305).
AN ACT
To continue in force and effect as a part of the Constitution
of the State of Georgia that constitutional amendment which
was proposed by Resolution Act No. 148 of the 1974 General
Assembly and which was duly ratified at the 1974 general elec-
tion (Ga. L. 1974, p. 1711), and which relates to establishment
of the Central Valdosta Development Authority and the powers
and duties of the authority; to provide the authority for this
Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. That constitutional amendment which was pro-
posed by Resolution Act No. 148 of the 1974 General Assembly
and which was duly ratified at the 1974 general election (Ga.
L. 1974, p. 1711), and which relates to establishment of the
Central Valdosta Development Authority and the powers and
duties of the authority shall not be repealed or deleted on July
1, 1987, as a part of the Constitution of the State of Georgia
but is specifically continued in force and effect on and after
that date as a part of the Constitution of the State of Georgia.
Section 2. This Act is passed pursuant to Article XI, Sec-
tion I, Paragraph IV of the Constitution of the State of Georgia
which authorizes the continuation of certain amendments to
the 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 regular
1985 session of the General Assembly of Georgia a bill to con-
tinue in force and effect as a part of the Constitution of Georgia
3872 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
that constitutional amendment which was proposed by Resolu-
tion Act No. 148 of the 1974 General Assembly and which was
duly ratified at the 1974 general election (Ga. L. 1974, p. 1711)
and which relates to establishment of the Central Valdosta De-
velopment Authority and the powers and duties of the authority;
to provide for related matters; and for other purposes.
This 14th day of January, 1985.
James M. Beck
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, James M. Beck, who, on
oath, deposes and says that he is Representative from the 148th
District, and that the attached copy of Notice of Intention to
Introduce Local Legislation was published in the Valdosta Daily
Times which is the official organ of Lowndes County, on the
following date: January 18, 1985.
/s/ James M. Beck
Representative,
148th District
Sworn to and subscribed before me,
this 21st day of January, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 20, 1985.
GEORGIA LAWS 1985 SESSION
3873
BERRIEN COUNTY AIRPORT AUTHORITY CREATED.
No. 131 (House Bill No. 482).
AN ACT
To establish an airport authority for Berrien County, to be
known as the "Berrien County Airport Authority; to provide
for the powers, duties, authority, and jurisdiction of the author-
ity; to provide for definitions; to provide for the membership
of the authority and their appointment, qualifications for office,
compensation, terms of office, vacancies, oaths, and officers; to
provide for procedures relative to voting; to provide for commit-
tees, quorums, and meetings; to provide for contracts and agree-
ments and the requirements, practices, and procedures con-
nected therewith; to provide for minutes, records, audits, and
reports; to provide for actions and suits; to provide for the is-
suance of bonds; to provide for charges, assessments, and reve-
nues; to provide for borrowing of money; to provide for officers,
agents, and employees; to provide for other matters relative
to the foregoing; to provide for severability and the reversion
of certain facilities, authority, and property; to provide an effec-
tive date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. There is created in and for Berrien County an
airport authority which shall be known as the "Berrien County
Airport Authority. The authority shall be a public body corpo-
rate and politic and shall have jurisdiction within the territorial
limits of the county. As used in this Act, the word "authority
shall mean the Berrien County Airport Authority.
Section 2. (a) The authority shall be composed of three
members who shall be selected by the Board of Commissioners
of Berrien County.
(b) Each member of the authority shall be a resident of
Berrien County, shall be at least 21 years of age, and shall be
knowledgeable about and genuinely interested in aviation. No
member shall have a commercial aviation interest nor be an
elected city, county, or state official.
3874 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(c) The members of the authority shall serve without com-
pensation.
(d) The term of office of each member of the authority shall
be four years, provided that each of the initial members shall
have initial terms which shall expire on December 31, 1988.
(e) Vacancies on the authority shall be filled in the same
manner as the original appointment, and any person appointed
to fill a vacancy shall serve for the remainder of the term so
vacated.
(f) Prior to assuming duties as a member of the authority,
each member shall take substantially the following oath:
"I do solemnly swear that I shall faithfully and impar-
tially and well and truly discharge the duties of a member
of the Berrien County Airport Authority in all matters which
require my official action to the best of my knowledge and
skill, and I will so act as, in my judgment, will be most
conducive to the welfare and best interest of the operation
of airports and to the entire county, so help me God.
Said oath shall be administered by the chairman of the Board
of Commissioners.
(g) The authority shall elect one of its members as chair-
man and one as vice-chairman. The authority shall elect a per-
son as secretary, who need not be a member of the authority.
Such officers of the authority shall serve for a term of one year.
The authority shall vote upon all matters and a majority vote
of such members present shall be mandatory. The authority
shall have the power to delegate its functions to committees
composed of the membership of the authority; however, no con-
tracts or agreements shall be binding upon the authority until
they have been approved by a majority of members present
and such approval has been recorded in the minutes of the au-
thority. Two members of the authority shall constitute a quo-
rum.
(h) The authority shall meet monthly and at such time
and place as may be designated by the chairman. Other meetings
may be held at any time on the call of any two members of
GEORGIA LAWS 1985 SESSION
3875
the authority when, in their judgment, the interest of the au-
thority and of the county demands it.
Section 3. (a) The authority shall be deemed to exercise
public and essential governmental functions and shall have all
the powers necessary or convenient to carry out and effectuate
its purpose and project, including, but not limited to, the power
and authority, separately or jointly, to acquire, establish, con-
struct, expand, own, lease, control, equip, improve, maintain,
operate, regulate, and police airports and landing fields for use
of aircraft within the limits of Berrien County.
(b) The authority is authorized:
(1) To promulgate rules and regulations for the oper-
ations authorized by subsection (a) of this section;
(2) To sue and be sued;
(3) To have a seal and alter the same;
(4) To make and execute contracts and other instru-
ments necessary to the exercise of the power of authority;
(5) To acquire by the exercise of the right of eminent
domain any property essential in the determination of
the authority for the purposes of the authority;
(6) To sell, lease, exchange, transfer, assign, pledge,
or dispose of any real or personal property or interest
therein;
(7) To mortgage, pledge, and assign any revenues,
incomes, tolls, charges, or fees received by the authority;
(8) To issue bonds of indebtedness for the purpose
of providing funds for carrying out the duties of the au-
thority, provided such bonds shall not extend beyond the
period of 20 years from the date of issuance thereof, and,
provided, further, that such bonds shall be payable from
the revenues realized from the projects of the authority
or any part thereof;
(9) To borrow money for any corporate purposes,
provided that such borrowing of money shall be in compli-
ance with Section 6 of this Act;
3876 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(10) To appoint officers, agents, or employees;
(11) To make use of any and all facilities, funds,
and other benefits afforded by the federal government
or by the State of Georgia or any agency or instrumental-
ity thereof; and
(12) To exercise any and all powers now or hereafter
possessed by private corporations performing similar
functions.
Section 4. The authority shall not have power or authority
to levy any tax of any kind for the purpose of providing revenue
for its operations and the performance of its functions. However,
the authority is granted the right to make such charges and
assessments as it may deem appropriate for the use of any and
all airport and aircraft facilities located in Berrien County; and
any and all revenues produced and received by the authority
from such purposes shall be used and utilized by the authority
as it may deem appropriate in the performance of the functions
stated in this Act. For the purposes of this section, the term
"tax means only a general assessment throughout the county
and shall not apply to any charges made by said authority for
the use of the services and facilities upon airports as referred
to in this Act.
Section 5. The authority shall not operate or construct
any project for profit and shall fix rates and charges consistent
with this declaration of policy and such as will produce revenues
only in amounts, in the opinion of the authority, sufficient to-
gether with other funds of the authority to pay principal and
interest upon any indebtedness or certificate of obligation, to
provide for maintenance and operation of the project in a mod-
ern, safe, and current manner, and to provide reasonable re-
serves for the expansion of the facilities and services of the
authority. Any revenue bonds issued by the authority shall be
issued in compliance with Article 3 of Chapter 82 of Title 36
of the Official Code of Georgia Annotated, known as the "Reve-
nue Bond Law. No such bond shall be a personal or general
obligation of any of the members of the authority, and none
of such members, nor any person executing such bonds on behalf
of the authority, shall be personally liable thereon.
GEORGIA LAWS 1985 SESSION
3877
Section 6. The authority shall make and cause to be made
to the Board of Commissioners of Berrien County at least annu-
ally or at such other reasonable times as may be required by
the board of commissioners, a written certified auditors report
in duplicate showing the operation of the Berrien County Air-
port Authority. Such report shall contain and set forth the true
condition of the affairs of the authority, both from a financial
standpoint and from the standpoint of the services rendered,
including receipts and disbursements, sources of receipts, and
purposes of disbursements, any and all indebtedness, cash on
hand, accounts receivable, and accounts payable. Such reports
shall be signed by the chairman of the authority and shall be
filed and preserved in the office of the Board of Commissioners
of Berrien County. The authority shall immediately furnish to
the Board of Commissioners of Berrien County any and all infor-
mation requested in writing as to the operation of the authority,
its projects, and actions.
Section 7. This Act is declared to be severable and, if any
of its provisions shall be held unconstitutional by any court of
competent jurisdiction, the decision of such court shall not im-
pair or render any of the remaining provisions unconstitutional.
Should the whole of this Act, for any reason, be declared uncon-
stitutional, the operation, management, supervision, and control
of airports in Berrien County shall revert back to respective
authorities supervising, managing, and operating such airports
on the effective date of this Act.
Section 8. This Act shall become effective upon its ap-
proval 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 of Intention to Apply for Local Legislation.
Notice is hereby given that there will be introduced in the
1985 Session of the General Assembly of Georgia an Act creating
a Berrien County Airport Authority; to provide for the appoint-
ment, duties, powers, qualifications, substitution and the tenure
of office of the members thereof; to provide that such authority
shall be a public corporation, having the right, power and au-
3878 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
thority separately or jointly to acquire, establish, construct, ex-
pand, own, lease, maintain, operate, regulate and police airports
and landing fields for the use of aircraft within the limits of
said county, including maintenance, operation, regulation and
policing of such airports and landing fields as may now be located
in said county; and to prescribe generally the rights, powers,
authority and duties of said Airport Authority; and for other
purposes.
This 11 day of January, 1985.
Berrien County
Commissioners
Of Roads and Revenues
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 16, 1985.
/s/ Hanson Carter
Representative,
146th District
Sworn to and subscribed before me,
this 25th day of January, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 20, 1985.
GEORGIA LAWS 1985 SESSION
3879
WAYCROSS JUDICIAL CIRCUIT JUDGES;
SUPPLEMENTS.
No. 132 (House Bill No. 486).
AN ACT
To provide that the governing authority of each county com-
prising the Waycross Judicial Circuit may supplement the com-
pensation, salary, expenses, and allowances of each of the judges
of the superior courts of the Waycross Judicial Circuit; to provide
an effective date; to repeal conflicting laws; and for other pur-
poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. In addition to the compensation, salary, ex-
penses, and allowances presently being received by the judges
of the superior courts of the Waycross Judicial Circuit from
the State of Georgia or any other source, the governing authority
of each county comprising the Waycross Judicial Circuit may
supplement the compensation, salary, expenses, and allowances
of each of the judges of the superior courts of the Waycross
Judicial Circuit. The division of payment among the six counties
shall not exceed the following amounts for each judge:
Bacon............................. $175.00 per month
Brantley.................................. -0- per month
Charlton............................... 150.00 per month
Coffee........................... 200.00 per month
Pierce............................... 175.00 per month
Ware........................../...... 200.00 per month
Section 2. This Act shall become effective on the first day
of the month following the month in which it is approved by
the Governor or in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
3880 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 1985 session of the General Assembly of Georgia a Bill
to authorize the governing authorities of the counties compris-
ing the Waycross-Judicial Circuit to provide for a supplement
to the salary of each judge of the Superior Court of the Waycross-
Judicial Circuit, to provide for other matters, relative thereto;
and for other purposes.
Georgia, Bacon County.
Personally appeared before me, the undersigned officer duly
authorized to administer oaths, Freddie Gardner, who, after
being duly sworn, deposes and says that he is the Publisher
of the Alma Times-Statesman, which is the official organ of
Bacon County, Georgia, and that the attached Notice of Inten-
tion to Introduce Legal Legislation was published in said news-
paper on Jan. 10, 1985.
/s/ Freddy Gardner
Sworn to and subscribed before me,
this 11th day of January, 1985.
/s/ Kathy W. Smith
Notary Public, Georgia State at Large.
My Commission Expires Oct. 25, 1985.
(Seal).
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the
regular 1985 session of the General Assembly of Ga. a bill to
authorize the governing authorities of the counties comprising
the Waycross Judicial Circuit to provide for a supplement to
the salary of each judge of the Superior Courts of the Waycross
Judicial Circuit; to provide for other matter relative thereto;
and for other purposes.
Publishers Affidavit.
I, Robert M. Williams, Jr., publisher of The Blackshear
Times, a weekly newspaper of general circulation and legal or-
GEORGIA LAWS 1985 SESSION
3881
gan of Pierce County Georgia, do hereby swear that the legal,
Notice of intention to introduce local legislation, was published
in the issue of said newspaper, dated January 10,1985.1 hereby
attest the above is true to the best of my knowledge.
/s/ Robert M. Williams, Jr.
Editor & Publisher
The Blackshear Times
Sworn to and subscribed before me,
this 15th day of January, 1985.
Is/ Frances D. Mulkey
Notary Public, Georgia State at Large.
My Commission Expires Jan. 25, 1988.
(Seal).
Notice of Intention To Introduce Local Legislation.
Notice is hereby given that there will be introduced at the
Regular 1985 Session of the General Assembly of Georgia a
bill to authorize the governing authorities of the counties com-
prising the Waycross Judicial Circuit to provide for a supple-
ment to the salary of each judge of the Superior Courts of Way-
cross Judicial Circuit; to provide for other matters relative
thereto; and for other purposes.
Georgia, Coffee County.
Personally appeared before me, the undersigned officer duly
authorized to administer oaths, Tom Frier, Jr., who, after being
duly sworn, deposes and says that he is the Publisher of the
Douglas Enterprise, which is the official organ of Coffee County,
Georgia, and that the attached Notice of Intention to Introduce
Legal Legislation was published in said newspaper on Jan. 9,
1985.
/s/ Tom Frier, Jr.
Sworn to and subscribed before me,
this 11th day of January, 1985.
/s/ Kathy W. Smith
Notary Public, Georgia State at Large.
My Commission Expires Oct. 25, 1985 .
(Seal).
3882 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 1985 session of the General Assembly of Georgia a bill
to authorize the governing authorities of the counties compris-
ing the Way cross Judicial Circuit to provide for a supplement
to the salary of each judge of the Superior Courts of the Waycross
Judicial Circuit; to provide for other matters relative thereto;
and for other purposes.
Georgia, Ware County.
Personally appeared before me, the undersigned officer duly
authorized to administer oaths, James A. Pinson, who, after
being duly sworn, deposes and says that he is the Publisher
of the Waycross Journal Herald which is the official organ of
Ware County, Georgia, and that the attached Notice of Intention
to Introduce Legal Legislation was published in said newspaper
on January 10, 1985.
/s/ James A. Pinson
Sworn to and subscribed before me,
this 11th day of January, 1985.
/s/ Kathy W. Smith
Notary Public, Georgia State at Large.
My Commission Expires Oct. 25, 1985.
(Seal).
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the
regular 1985 session of the General Assembly of Georgia a bill
to authorize the governing authorities of the counties compris-
ing the Waycross Judicial Circuit to provide for a supplement
to the salary of each judge of the Superior Court of the Waycross
Judicial Circuit; to provide for other matters relating thereto;
and for other purposes.
Georgia, Charlton County.
GEORGIA LAWS 1985 SESSION
3883
Personally appeared before me, the undersigned officer duly
authorized to administer oaths, Doyle Lewis, who, after being
duly sworn, deposes and says that he is the Publisher of the
Charlton County Herald, which is the official organ of Charlton
County, Georgia, and that the attached Notice of Intention to
Introduce Legal Legislation was published in said newspaper
on Janury 9, 1985.
/s/ Doyle Lewis
Sworn to and subscribed before me,
this 11 day of January, 1985.
/s/ Sarah H. Lewis
Notary Public, Georgia State at Large.
My Commission Expires June 21, 1987.
(Seal).
Approved March 20, 1985.
CITY OF ILA MAYOR; TERM OF OFFICE.
No. 133 (House Bill No. 504).
AN ACT
To amend an Act to incorporate the City of Ila in the County
of Madison, approved February 1, 1951 ( Ga. L. 1951, p. 2133),
as amended, particularly by an Act approved March 6, 1962
(Ga. L. 1962, p. 3065), so as to change the term of office for
the mayor; to provide for matters related thereto; to repeal con-
flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act to incorporate the City of Ila in the
County of Madison, approved February 1, 1951 (Ga. L. 1951,
p. 2133), as amended, particularly by an Act approved March
3884 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
6, 1962 (Ga. L. 1962, p. 3065), is amended by striking in its
entirety Section 7 and inserting in its place a new Section 7
to read as follows:
"Section 7. On the first Saturday in November, 1985,
and biennially thereafter on the first Saturday in November
there shall be elected for said city, by the qualified voters
therein, a mayor, who shall serve for a term of two years.
There shall also be elected on the first Saturday in Novem-
ber, 1985, two councilmen for a term of two years. Thereaf-
ter, annually on the first Saturday in November two council-
men shall be elected for a term of two years. The mayor
and councilmen shall take office on the first Tuesday in Janu-
ary next after their election. On the first Tuesday in January,
after their election, the newly elected mayor and council-
men-elect shall meet in the city hall or other designated
place in said city and then and there shall severally take,
before some officer authorized under the laws of Georgia
to administer oaths, 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 Ila for the ensuing term, and that 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.
Should the mayor or any councilman be absent from said
meeting, he or they shall take said oath of office as soon
as possible thereafter. Said mayor and councilmen shall pro-
vide, by ordinance, for regular monthly meetings, and may
hold such special or called meetings, as the business of the
city may require, which special or called meetings, shall
be called by the mayor in his discretion, to be convened as
provided by the city ordinances. In the event that the office
of mayor, or any one or more of the councilmen shall become
vacant by death, resignation, removal, or otherwise, said
vacancy or vacancies may be filled by appointment and selec-
tion of the mayor and councilmen, in the case of vacancies
in the council, and by the councilmen in the case of a vacancy
in the office of mayor, and persons so elected shall be duly
qualified to fill such vacancies for the unexpired term pro-
vided it does not exceed twelve months.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
GEORGIA LAWS 1985 SESSION
3885
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular
1985 session of the General Assembly of Georgia a bill to amend
an Act to incorporate the City of Ila in the County of Madison,
approved February 1, 1951 (Ga. L. 1951, p. 2133), as amended,
particularly by an Act approved March 6, 1962 (Ga. L. 1962,
p. 3065), so as to change the term of office for the mayor; and
for other purposes.
This 22nd day of January, 1985.
Joe Smith
Mayor
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Louie M. Clark, who, on
oath, deposes and says that he is Representative from the 13th
District, and that the attached copy of Notice of Intention to
Introduce Local Legislation was published in the Danielsville
Monitor which is the official organ of Madison County, on the
following date: January 25, 1985.
/s/ Louie M. Clark
Representative,
13th District
Sworn to and subscribed before me,
this 4th day of February, 1985.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 11, 1988.
(Seal).
Approved March 20, 1985.
3886 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
MUSCOGEE COUNTY SCHOOL DISTRICT COUNCIL
DISTRICTS USED FOR APPOINTMENT OF BOARD OF
EDUCATION.
No. 134 (House Bill No. 512).
AN ACT
To amend an Act creating the Muscogee County School Dis-
trict, approved February 25, 1949 (Ga. L. 1949, p. 1086), as
amended, particularly by an Act approved April 13, 1981 (Ga.
L. 1981, p. 4885), so as to change the provisions relative to council
districts of Columbus, Georgia, from which members of the Mus-
cogee County Board of Education are appointed; to provide for
other matters relative to the foregoing; to repeal conflicting
laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act creating the Muscogee County School
District, approved February 25, 1949 (Ga. L. 1949, p. 1086), as
amended, particularly by an Act approved April 13, 1981 (Ga.
L. 1981, p. 4885), is amended by inserting in Section 5 between
subsections (d) and (e) two new subsections to be designated
subsections (d.l) and (d.2) to read as follows:
"(d.l) Effective January 1, 1986, for the purposes of the
grand jury of Muscogee County appointing members of the
Board of Education at any time on or after that date, the
term 'council district or 'council districts, as used in this
Section, shall mean a council district or the council districts
of Columbus, Georgia, as such districts were defined and
in effect on January 1, 1986. This subsection shall not have
the effect of shortening the term of office of any member
of the Board of Education, and appointments by the grand
jury pursuant to this subsection shall be phased in as regular
terms of office of the members of the Board of Education
expire.
GEORGIA LAWS 1985 SESSION
3887
(d.2) When council districts of Columbus, Georgia, are
redistricted after the official United States Census of 1990
or any future such census in conformity with Section 6-102
of the Act providing a charter for the county-wide govern-
ment of Columbus, Georgia, approved October 5, 1971 (Ga.
L. 1971, Ex. Sess., p. 2007), as amended, the redistricted coun-
cil districts, when they become effective for the purpose of
electing members of the governing body of Columbus, Geor-
gia, shall become effective for the purpose of the appointment
of the members of the Board of Education by the grand jury
of Muscogee County; but such redistricting shall not have
the effect of shortening the term of office of any member
of the Board of Education, and appointments by the grand
jury from such redistricted council districts shall be phased
in as regular terms of office of the members of the Board
of Education expire.
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 1985 session of the General Assembly of Georgia a Bill
to amend an Act creating the Muscogee County School District,
approved February 25, 1949 (Ga. L. 1949, page 1086), as
amended; and for other purposes.
This 16th day of January, 1985.
Sanford D. Bishop
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Sanford D. Bishop, Jr.,
who, on oath, deposes and says that he is Representative from
the 94th District, and that the attached copy of Notice of Inten-
tion to Introduce Local Legislation was published in the Colum-
bus Ledger which is the official organ of Muscogee County, on
the following date: January 18, 1985.
3888 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
/s/ Sanford D. Bishop, Jr.
Representative,
94th District
Sworn to and subscribed before me,
this 21st day of January, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 20, 1985.
LOWNDES COUNTY BOARD OF TAX ASSESSORS; LOCAL
CONSTITUTIONAL AMENDMENT CONTINUED.
No. 135 (House Bill No. 548).
AN ACT
To continue in force and effect as a part of the Constitution
of the State of Georgia that constitutional amendment which
was proposed by Resolution Act No. 218 of the 1972 General
Assembly and which was duly ratified at the 1972 general elec-
tion (Ga. L. 1972, p. 1452), and which relates to election of the
members of the Lowndes County Board of Tax Assessors; to
provide for related matters; to provide the authority for this
Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. That constitutional amendment which was pro-
posed by Resolution Act No. 218 of the 1972 General Assembly
and which was duly ratified at the 1972 general election (Ga.
L. 1972, p. 1452), and which relates to election of the members
of the Lowndes County Board of Tax Assessors, shall not be
GEORGIA LAWS 1985 SESSION
3889
repealed or deleted on July 1,1987, as a part of the Constitution
of the State of Georgia but is specifically continued in force
and effect on and after that date as a part of the Constitution
of the State of Georgia.
Section 2. This Act is passed pursuant to Article XI, Sec-
tion I, Paragraph IV of the Constitution of the State of Georgia
which authorizes the continuation of certain amendments to
the 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 regular
1985 session of the General Assembly of Georgia a bill to con-
tinue in force and effect as a part of the Constitution of Georgia
that constitutional amendment which was proposed by Resolu-
tion Act No. 218 of the 1972 General Assembly and which was
duly ratified at the 1972 general election (Ga. L. 1972, p. 1452),
and which relates to election of the members of the Lowndes
County Board of Tax Assessors; to provide for related matters,
and for other purposes.
This 24th day of January, 1985.
James M. Beck
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, James M. Beck, who, on
oath, deposes and says that he is Representative from the 148th
District, and that the attached copy of Notice of Intention to
Introduce Local Legislation was published in the Valdosta Daily
Times which is the official organ of Lowndes County, on the
following date: February 1, 1985.
/s/ James M. Beck
Representative,
148th District
3890 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 4th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 20, 1985.
MITCHELL COUNTY DEVELOPMENT AUTHORITY
LOCAL CONSTITUTIONAL AMENDMENT CONTINUED.
No. 136 (House Bill No. 550).
AN ACT
To continue in force and effect as a part of the Constitution
of the State of Georgia that constitutional amendment which
was proposed by Resolution Act No. 88 (House Resolution No.
379-774) of the 1962 General Assembly (Ga. L. 1962, p. 761),
and which was duly ratified at the 1962 general election and
which relates to the creation of the Mitchell County Develop-
ment Authority and provisions for its powers, authority, funds,
and purposes and procedures connected therewith; to provide
the authority for this Act; to repeal conflicting laws; and for
other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. That constitutional amendment which was pro-
posed by Resolution Act No. 88 (House Resolution No. 379-774)
of the 1962 General Assembly (Ga. L. 1962, p. 761), and which
was duly ratified at the 1962 general election and which relates
to the creation of the Mitchell County Development Authority
and provisions for its powers, authority, funds, and purposes
and procedures connected therewith shall not be repealed or
deleted on July 1, 1987, as a part of the Constitution of the
GEORGIA LAWS 1985 SESSION
3891
State of Georgia but is specifically continued in force and effect
on and after that date as a part of the Constitution of the State
of Georgia.
Section 2. This Act is passed pursuant to Article XI, Sec-
tion I, Paragraph IV of the Constitution of the State of Georgia
which authorizes the continuation of certain amendments to
the 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 regular
1985 session of the General Assembly of Georgia a bill to con-
tinue in force and effect as a part of the Constitution of Georgia
that constitutional amendment which was proposed by Resolu-
tion Act No. 88 (House Resolution No. 379-774) of the 1962 Gen-
eral Assembly (Ga. L. 1962, p. 761), and which was duly ratified
at the 1962 general election and which relates to the creation
of the Mitchell County Development Authority and provisions
for its powers, authority, funds, and purposes and procedures
connected therewith; to provide for related matters; and for
other purposes.
This 24th day of January, 1985.
Frank S. Twitty, Jr.
Attorney for Mitchell
County Development
Authority
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 25, 1985.
/s/ A. Richard Royal
Representative,
144th District
3892 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 29th day of January, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 20, 1985.
RICHMOND COUNTY HOSPITAL AUTHORITY
MEMBERSHIP; VACANCIES.
No. 137 (House Bill No. 579).
AN ACT
To provide for the membership of the board of the Richmond
County Hospital Authority; to provide for the appointment of
members of the board; to provide 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. (a) Except as provided in subsection (b) of this
section, members of the board of the Richmond County Hospital
Authority who were serving on the board on January 1, 1985,
shall serve for the remainder of the terms to which they were
appointed and until their successors are appointed and qualified.
(b) The two members of the board whose terms expired
December 31, 1984, shall serve until their successors are ap-
pointed and qualified under this Act.
GEORGIA LAWS 1985 SESSION
3893
Section 2. The successor to one of the two members of
the board whose term expired December 31, 1984, shall be ap-
pointed by the governing authority of Richmond County. The
one member appointed under this section and successors to such
member shall be a member of the governing authority of Rich-
mond County.
Section 3. The successor to one of the two members of
the board whose term expired December 31, 1984, successors
to the two members of the board whose terms expire December
31, 1985, successors to the two members of the board whose
terms expire December 31, 1986, and successors to the three
members of the board whose terms expire December 31, 1987,
shall be appointed by the governing authority of Richmond
County from lists of the names of eligible persons submitted
by the board of the Richmond County Hospital Authority. For
each position on the board to be filled, a list of the names of
three persons shall be submitted to the governing authority
of Richmond County. The governing authority shall select one
of the three persons named to succeed the member whose term
has expired.
Section 4. Members of the board appointed under Sections
2 and 3 of this Act and successors of such members shall serve
for terms of office of four years and until their successors are
appointed and qualified as provided and using the procedures
in Section 2 or Section 3 of this Act, as the case may be.
Section 5. If a vacancy occurs for any reason, a qualified
person shall be appointed to serve for the remainder of the
unexpired term and until his successor is appointed and quali-
fied using the procedures set forth in Section 2 or Section 3 of
this Act, as the case may be.
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 1985 Session of the General Assembly of Georgia an
Act to provide for and change the method and manner of ap-
pointments by the Board of commissioners of Richmond County
of members to the Richmond County Hospital Authority.
3894 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This 2nd day of January, 1985.
Mike Padgett
Representative,
86th Legislative District
Richmond County
State of Georgia.
Richmond County.
Personally appeared before me, a Notary Public, the under-
signed, Paul S. Simon, who, on oath, says that he is the President
of Southeastern Newspapers Corporation, publisher of The Au-
gusta Herald, a daily newspaper publication in the City of Au-
gusta, Richmond County, Georgia, being of general circulation
and being the legal organ of the County of Richmond, who certi-
fies that the legal notice of intention to apply for local legislation
was duly published one time, as required by law, said date of
publication being January 4, 1985.
/s/ Paul S. Simon, President
Southeastern Newspapers
Corporation, Publisher of
The Augusta Herald,
Richmond
County, Georgia
Sworn to and subscribed before me,
this 10th day of January, 1985.
/s/ Jean S. Brinson
Notary Public, Richmond County, Georgia.
My Commission Expires July 14, 1986.
(Seal).
Approved March 20, 1985.
GEORGIA LAWS 1985 SESSION
3895
MERIWETHER COUNTY BOARD OF COMMISSIONERS;
ELECTIONS.
No. 138 (House Bill No. 581).
AN ACT
To amend an Act creating the Board of Commissioners of
Meriwether County, approved December 14, 1871 (Ga. L. 1871-
72, p. 230), as amended, particularly by an Act approved March
13, 1970 (Ga. L. 1970, p. 2842), so as to change the provisions
relating to the election of members of the Board of Commission-
ers of Meriwether County; to provide for the number of members
and their terms of office; to provide for commission districts;
to provide for the procedure for such elections and voting
therein; to provide for residency requirements; to provide for
other matters relating 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 Meriwether County, approved December 14, 1871 (Ga. L.
1871-72, p. 230), as amended, particularly by an Act approved
March 13, 1970 (Ga. L. 1970, p. 2842), 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 Commissioners of Meri-
wether County shall consist of five members. The members
of the board who are in office on July 1, 1985, shall continue
in office and shall serve until December 31, 1986, and until
their successors are elected and qualified. Successors to such
members shall be elected at the general election in 1986
and quadrennially thereafter. Each member of the board
shall represent one of the five commission districts described
in subsection (d) of this section; and the member representing
each commission district shall be elected solely by the elec-
tors who reside in that commission district.
3896 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(b) Each candidate for election to the board of commis-
sioners shall at the time of qualification for election be a
resident of the commission district he seeks to represent.
The office of any member of the board who ceases to be a
resident of the commission district he represents shall be-
come vacant by operation of law as of the date of change
of residency.
(c) The terms of all members of the board shall be for
four years beginning on the first day of January next follow-
ing their election and until their successors are elected and
qualified.
(d) Each of the five commission districts for the election
of the members of the Board of Commissioners of Meriwether
County shall consist of a portion of Meriwether County de-
scribed by the following boundaries:
COMMISSION DISTRICT NO. 1
BEGINNING at the intersection of the north boundary
line of Meriwether County with the center line of Forest
Road and run thence southerly along the center line of
Forest Road to its intersection with the center line of
Gold Mine Road; thence along the center line of Gold
Mine Road to its intersection with the center line of Geor-
gia Highway #54; thence run northeasterly along the
center line of Georgia Highway # 54 to its intersection
with the city limits of the City of Luthersville; thence
following the city limits of the City of Luthersville south-
easterly to its intersection with the center line of Georgia
Highway #41; thence run south along the center line
of Georgia Highway #41 to its intersection with the city
limits of the City of Greenville; thence following the city
limits of the City of Greenville, east, south, east, south,
west, south to its intersection with the center line of
Georgia Highway #41; thence run south along the center
line of Georgia Highway #41 to its intersection with
the center line of Cedar Rock-Woodbury Road; thence
run east along the center line of Cedar Rock-Woodbury
Road to its intersection with the center line of Georgia
Highway #18; thence continue running northeasterly
along the center line of what is now called the Imlac
GEORGIA LAWS 1985 SESSION
3897
Road to its intersection with the center line of Middle-
brooks Road; thence run along the center line of Middle-
brooks Road southeasterly to the center line of Georgia
Highway # 18; thence run easterly along the center line
of Georgia Highway # 18 to its intersection with the city
limits of the City of Woodbury; thence run in a northeast-
erly direction along the city limits of the City of Wood-
bury to its intersection with the center line of Georgia
Highway #85W; thence run north along the center line
of Georgia Highway #85W to its intersection with the
center line of Flat Shoals Road; thence run easterly along
the center line of Flat Shoals Road to the center line
of Pentecostal Church Road; thence run northerly along
the center line of Pentecostal Church Road to the center
line of Thrash Cemetery Road; thence run easterly along
the center line of Thrash Cemetery Road to its intersec-
tion with the center line of the Flint River; thence run
north along the meanderings made by the center line
of Flint River to its intersection with the center line of
Line Creek; thence run north along the meanderings
made by the center line of Line Creek to the north bound-
ary line of Meriwether County; thence run west along
the north boundary line of Meriwether County to the
beginning point.
COMMISSION DISTRICT NO. 2
BEGINNING at the intersection of the north boundary
line of Meriwether County with the center line of Forest
Road and run thence southerly along the center line of
Forest Road to its intersection with the center line of
Gold Mine Road; thence along the center line of Gold
Mine Road to its intersection with the center line of Geor-
gia Highway #54; thence run northeasterly along the
center line of Georgia Highway #54 to its intersection
with the city limits of the City of Luthersville; thence
following the city limits of the City of Luthersville south-
easterly to its intersection with the center line of Georgia
Highway #41; thence run south along the center line
of Georgia Highway #41 to its intersection with the city
limits of the City of Greenville; thence east, south, east,
south, west, south, west and north along the city limits
of the City of Greenville to the center line of Georgia
3898 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Highway # 109; thence run northwesterly and westerly
along the center line of Georgia Highway # 109 to the
center line of the Billy Favor-Terrell Road; thence run
south along the center line of the Billy Favor-Terrell
Road to its intersection with the center line of the Dunn-
Gordon Road; thence run south along the center line
of the Dunn-Gordon Road to its intersection with the
center line of Stovall-Greenville Road; thence run west-
erly along the center line of Stovall-Greenville Road to
its intersection with the center line of the Seaboard
Coastline Railroad; thence run north along the center
line of the Seaboard Coastline Railroad to the west bound-
ary line of Meriwether County; thence run north along
the west boundary line of Meriwether County to the
north boundary line of Meriwether County; thence run
east along the north boundary line of Meriwether County
to the beginning point.
COMMISSION DISTRICT NO. 3
BEGINNING at the intersection of the center line of
Georgia Highway #41 with the center line of Cedar
Rock-Woodbury Road; thence run east along the center
line of Cedar Rock-Woodbury Road to its intersection
with the center line of Georgia Highway #18; thence
continue running northeasterly along the center line of
what is now called the Imlac Road to its intersection
with the center line of Middlebrooks Road; thence run
along the center line of Middlebrooks Road southeasterly
to the center line of Georgia Highway # 18; thence run
easterly along the center line of Georgia Highway # 18
to its intersection with the city limits of the City of Wood-
bury; thence run in a northeasterly direction along the
city limits of the City of Woodbury to its intersection
with the center line of Georgia Highway #85W; thence
run north along the center line of Georgia Highway
#85W to its intersection with the center line of Flat
Shoals Road; thence run easterly along the center line
of Flat Shoals Road to the center line of Pentecostal
Church Road; thence run northerly along the center line
of Pentecostal Church Road to the center line of Thrash
Cemetery Road; thence run easterly along the center
line of Thrash Cemetery Road to its intersection with
GEORGIA LAWS 1985 SESSION
3899
the center line of the Flint River; thence run south along
the meanderings made by the center line of the Flint
River to the southern boundary line of Meriwether
County; thence run southwesterly and westerly along
the southern boundary line of Meriwether County to its
intersection with the city limits of the City of Manches-
ter; thence run north along the east city limits of the
City of Manchester to its intersection with the center
line of Foster Street; thence run westerly along the center
line of Foster Street to its intersection with the center
line of Georgia Highway #85E; thence run north along
the center line of Georgia Highway #85E to its intersec-
tion with the city limits of the City of Manchester; thence
westerly along the city limits of the City of Manchester
to its intersection with the center line of Old Woodbury
Road; thence north along the center line of the Old Wood-
bury Road to its intersection with the center line of Geor-
gia Highway #85; thence run north along the center
line of Georgia Highway #85 to its intersection with
the center line of Georgia Highway #222; thence run
northwesterly along the center line of Georgia Highway
#222 to its intersection with the center line of Bonner
Road; thence run westerly along the center line of Bonner
Road to the center line of Melvin Harris Road; thence
southwesterly and westerly along the center line of Mel-
vin Harris Road to its intersection with the center line
of Raleigh Road; thence run south along the center line
of Raleigh Road to its intersection with the Bulloch-Bon-
ner Road; thence run westerly along the center line of
the Bulloch-Bonner Road to its intersection with the cen-
ter line of the Old Green ville-Talbotton Road; thence run
northerly along the center line of the Old Greenville-
Talbotton Road to the center line of Georgia Highway
#85W; thence run northeasterly along the center line
of Georgia Highway #85W to its intersection with the
center line of Cane Creek; thence following the meander-
ings made by the center line of Cane Creek to its intersec-
tion with the center line of Ford Springs Creek; thence
run westerly and southerly along the meanderings made
by the center line of Ford Springs Creek to its intersection
with the center line of Georgia Highway #41; thence
run along the center line of Georgia Highway #41 to
the point of beginning.
3900 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
COMMISSION DISTRICT NO. 4
BEGINNING at the intersection of the south boundary
line of Meriwether County and the east city limits of
the City of Manchester; thence run north along the east
city limits of the City of Manchester to its intersection
with the center line of Foster Street; thence run westerly
along the center line of Foster Street to its intersection
with the center line of Georgia Highway #85E; thence
run north along the center line of Georgia Highway
#85E to its intersection with the city limits of the City
of Manchester; thence westerly along the city limits of
the City of Manchester to its intersection with the center
line of Old Woodbury Road; thence north along the center
line of the Old Woodbury Road to its intersection with
the center line of Georgia Highway #85; thence run
north along the center line of Georgia Highway #85
to its intersection with the center line of Georgia High-
way #222; thence run northwesterly along the center
line of Georgia Highway #222 to its intersection with
the center line of Bonner Road; thence run westerly along
the center line of Bonner Road to its intersection with
the center line of Melvin Harris Road; thence southwes-
terly along the center line of Melvin Harris Road to the
center line of McGill Road; thence run southerly along
the center line of McGill Road to its intersection with
the center line of Bulloch Bonner Road; thence run south-
easterly along the center line of Bulloch Bonner Road
to its intersection with the center line of Routon-Parker
Road; thence run westerly along the center line of Rou-
ton-Parker Road to the north city limits of the City of
Manchester; thence run westerly along the north city
limits line of the City of Manchester to its intersection
with the center line of the Seaboard Coastline Railroad;
thence run southeasterly along the center line of the
Seaboard Coastline Railroad to its intersection with the
center line of 7th Avenue; thence run south along the
center line of 7th Avenue to the center line of 3rd Street
Extension; thence run westerly along the center line of
3rd Street Extension to the center line of 8th Avenue;
thence run south along the center line of 8th Avenue
to the center line of Nebula Road; thence run westerly
along the center line of Nebula Road to the west city
limits line of the City of Manchester; thence run south-
GEORGIA LAWS 1985 SESSION
3901
erly along the west city limits line of the City of Manches-
ter to its intersection with the south line of Meriwether
County; thence east along the south line of Meriwether
County to the point of beginning.
COMMISSION DISTRICT NO. 5
BEGINNING at the intersection of the center line of
Melvin Harris Road with the center line of McGill Road
and run thence south along the center line of McGill
Road to its intersection with the center line of Bulloch
Bonner Road; thence run southeasterly along the center-
line of Bulloch Bonner Road to its intersection with the
centerline of Routon-Parker Road; thence run westerly
along the center line of Routon-Parker Road to the north
city limits of the City of Manchester; thence run westerly
along the north city limits line of the City of Manchester
to its intersection with the center line of the Seaboard
Coastline Railroad; thence run southeasterly along the
center line of the Seaboard Coastline Railroad to its inter-
section with the center line of 7th Avenue; thence run
south along the center line of 7th Avenue to the center
line of 3rd Street Extension; thence run westerly along
the center line of 3rd Street Extension to the center line
of 8th Avenue; thence run south along the center line
of 8th Avenue to the center line of Nebula Road; thence
run westerly along the center line of Nebula Road to
the west city limits line of the City of Manchester; thence
run southerly along the west city limits line of the City
of Manchester to its intersection with the south line of
Meriwether County; thence run west along the south
boundary line of Meriwether County to its intersection
with the west boundary line of Meriwether County;
thence run north along the west boundary line of Meri-
wether County to the center line of the Seaboard Coast-
line Railroad; thence run southeasterly along the center
line of the Seaboard Coastline Railroad to its intersection
with the center line of the Stovall-Greenville Road;
thence run northeasterly along the center line of the
Stovall-Greenville Road to its intersection with the cen-
ter line of the Dunn-Gordon Road; thence run northerly
along the center line of the Dunn-Gordon Road to its
intersection with the center line of the Billy Favor-Ter-
rell Road; thence run easterly along the center line of
3902 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
the Billy Favor-Terrell Road to its intersection with the
center line of Georgia Highway # 109 (LaGrange High-
way); thence run easterly along the center line of Georgia
Highway # 109 to the city limits of the City of Greenville;
thence run southerly and easterly along the city limits
of the City of Greenville to its intersection with the center
line of Georgia Highway #41; thence run southerly along
the center line of Georgia Highway #41 to its intersec-
tion with the center line of Ford Springs Creek; thence
run easterly, following the meanderings made by the
center line of Ford Springs Creek to its intersection with
the center line of Cane Creek; thence run southerly along
the center line of Cane Creek to its intersection with
the center line of Georgia Highway #85W; thence run
southerly along the center line of Georgia Highway
# 85 W to its intersection with the Old Green ville-Talbot-
ton Road; thence run southerly along the center line of
the Old Greenville-Talbotton Road to its intersection
with the center line of Bulloch-Bonner Road; thence run
easterly along the center line of Bulloch-Bonner Road
to its intersection with the center line of Raleigh Road;
thence run northerly along the center line of Raleigh
Road to its intersection with the center line of the Melvin
Harris Road; thence run easterly along the center line
of the Melvin Harris Road to its intersection with the
center line of McGill Road and the point of beginning.
(e) If any part of Meriwether County is not described
within any commission district described by this section,
then such part of Meriwether County shall be included in
the adjacent commission district which contains the least
population according to the United States decennial census
of 1980.
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
1985 session of the General Assembly of Georgia a bill to amend
an Act creating the Board of Commissioners of Meriwether
County, approved December 14, 1871 (Ga. L. 1871-72, p. 230),
GEORGIA LAWS 1985 SESSION
3903
as amended, particularly by an Act approved March 13, 1970
(Ga. L. 1970, p. 2842); and for other purposes.
This 21st day of January, 1985.
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 Meriwether
Vindicator which is the official organ of Meriwether County,
on the following date: January 25, 1985.
/s/ Claude A. Bray, Jr.
Representative,
91st District
Sworn to and subscribed before me,
this 4th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 20, 1985.
3904 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ALBANY DOUGHERTY PAYROLL DEVELOPMENT
AUTHORITY LOCAL CONSTITUTIONAL AMENDMENT
CONTINUED.
No. 139 (House Bill No. 588).
AN ACT
To continue in force and effect as a part of the Constitution
of the State of Georgia that constitutional amendment (Res.
Act 81, H.R. 390-940b, Ga. L. 1958, p. 444), duly adopted at
the 1958 general election and proclaimed by the Governor to
be a part of the Constitution of 1945 and continued as part of
the Constitution of 1976 and the Constitution of 1983, which
amendment creates the Albany Dougherty Payroll Development
Authority; to provide the authority for this Act; to repeal con-
flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. That constitutional amendment (Res. Act 81,
H.R. 390-940b, Ga. L. 1958, p. 444), duly adopted at the 1958
general election and proclaimed by the Governor to be a part
of the Constitution of 1945 and continued as part of the Constitu-
tion of 1976 and the Constitution of 1983, which amendment
creates the Albany Dougherty Payroll Development Authority
shall not be repealed or deleted on July 1, 1987, as a part of
the Constitution of the State of Georgia but is specifically contin-
ued in force and effect on and after that date as a part of the
Constitution of the State of Georgia.
Section 2. This Act is passed pursuant to Article XI, Sec-
tion I, Paragraph IV of the Constitution of the State of Georgia
which authorizes the continuation of certain amendments to
the 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 regular
1985 session of the General Assembly of Georgia a bill to con-
GEORGIA LAWS 1985 SESSION
3905
tinue in force and effect as a part of the Constitution of the
State of Georgia that constitutional amendment (Res. Act 81,
H.R. 390-940b, Ga. L. 1958, p. 444) duly adopted at the 1958
general election and proclaimed by the Governor to be part of
the Constitution of 1945 and continued as part of the Constitu-
tion of 1976 and the Constitution of 1983, which amendment
creates the Albany-Dougherty Payroll Development Authority;
and for other purposes.
This 21st day of January, 1985.
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 Her-
ald which is the official organ of Dougherty County, on the fol-
lowing date: January 24, 1985.
/s/ Tommy Chambless
Representative,
133rd District
Sworn to and subscribed before me,
this 4th day of February, 1985.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 11, 1988.
(Seal).
Approved March 20, 1985.
3906 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
GLYNN COUNTY BOARD OF COMMISSIONERS;
COMPENSATION.
No. 140 (House Bill No. 589).
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 6, 1981 (Ga.
L. 1981, p. 3356), so as to change the compensation of the chair-
man and members of the board; to provide an effective date;
to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act creating a board of commissioners of
Glynn County, approved February 11,1937 (Ga. L. 1937, p. 1336),
as amended, particularly by an Act approved April 6, 1981 (Ga.
L. 1981, p. 3356), is amended by striking the first unnumbered
paragraph of Section 6, which reads as follows:
"The chairman shall receive a salary of $400.00 per
month and an expense allowance of $150.00 per month. Each
other member shall receive a salary of $300.00 per month
and an expense allowance of $100.00 per month.,
and inserting in its place the following:
"The chairman shall receive an annual salary of $500.00
per month and an expense allowance of $150.00 per month.
Each other member of the board shall receive an annual
salary of $400.00 per month and an expense allowance of
$100.00 per month.
Section 2. This Act shall become effective on the first day
of the month following the month in which it is approved by
the Governor or in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
GEORGIA LAWS 1985 SESSION
3907
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular
1985 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;
and for other purposes.
This 25th day of January, 1985.
Dean G. Auten
Representative,
156th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Dean G. Auten, who, on
oath, deposes and says that he is Representative from the 156th
District, and that the attached copy of Notice of Intention to
Introduce Local Legislation was published in the Brunswick
News which is the official organ of Glynn County, on the follow-
ing date: January 30, 1985.
/s/ Dean G. Auten
Representative,
156th District
Sworn to and subscribed before me,
this 4th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 20, 1985.
3908 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
TROUP COUNTY COMPENSATION OF SHERIFF, CLERK
OF THE SUPERIOR COURT, TAX COMMISSIONER, AND
JUDGE OF THE PROBATE COURT.
No. 141 (House Bill No. 596).
AN ACT
To amend an Act providing compensation for specified offi-
cers in Troup County, approved February 13, 1962 (Ga. L. 1962,
p. 2093), as amended, particularly by an Act approved March
12, 1984 (Ga. L. 1984, p. 3965), so as to change the salary of
the sheriff, the clerk of the superior court, the tax commissioner,
and the judge of the probate court; to provide an effective date;
to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act providing compensation for specified of-
ficers in Troup County, approved February 13,1962 (Ga. L. 1962,
p. 2093), as amended, particularly by an Act approved March
12, 1984 (Ga. L. 1984, p. 3965), is amended by striking Section
3, which reads as follows:
"Section 3. The Sheriff of Troup County shall be com-
pensated 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.,
and inserting in lieu thereof a new Section 3 to read as follows:
"Section 3. The Sheriff of Troup County shall be com-
pensated in the amount of $35,345.00 per annum, to be paid
in biweekly installments from the funds of Troup County.
In addition, the sheriff shall also receive the amount pro-
vided by Code Section 15-16-20.1 of the O.C.G.A. for perform-
ing the duties of a sheriff of a state, probate, or magistrate
court. The sheriff shall receive no other compensation for
any other service he performs in any capacity.
GEORGIA LAWS 1985 SESSION
3909
Section 2. Said Act is further amended by striking Section
4, which reads 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 compen-
sation for any service as clerk or ex officio clerk of any court
or in any other capacity.,
and inserting in lieu thereof a new Section 4 to read as follows:
"Section 4. The Clerk of the Superior Court of Troup
County shall be compensated in the amount of $30,063.00
per annum, to be paid in equal biweekly installments from
the funds of Troup County. In addition, the clerk shall also
receive the amount provided by Code Section 15-6-89 of the
O.C.G.A. for serving as the Clerk of the State Court of Troup
County. The clerk shall receive no other compensation for
any service performed in any other capacity.
Section 3. Said Act is further amended by striking from
Section 5 the following:
"$24,392.00,
and inserting in lieu thereof the following:
"$30,415.00,
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 $30,415.00 per an-
num, 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 dis-
charging any and all duties imposed by law, and the said
tax commissioner shall receive no other remuneration from
fees or from any other source.
3910 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 4. Said Act is further amended by striking Section
6, which reads 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 ser-
vices of such official and said official shall receive no other
fees or remuneration for his services.,
and inserting in lieu thereof a new Section 6 to read as follows:
"Section 6. The Judge of the Probate Court of Troup
County shall be compensated in the amount of $27,775.00
per annum, to be paid in equal biweekly installments from
the funds of Troup County. In addition, the judge shall re-
ceive the amount provided by Code Section 15-9-64 of the
O.C.G.A. for conducting elections. The judge shall receive
no other fees or remuneration for his services.
Section 5. This Act shall become effective on the first day
of the month following the month in which it is approved by
the Governor or in which it becomes law without his approval.
Section 6. All laws and parts of laws in conflict with this
Act are repealed.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular
1985 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, particularly by an Act approved March 12, 1984 (Ga.
L. 1984, p. 3965); and for other purposes.
This 31st day of January, 1985.
J. Crawford Ware
Representative,
77th District
GEORGIA LAWS 1985 SESSION
3911
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 LaGrange
Daily News which is the official organ of Troup County, on the
following date: February 2, 1985.
/s/ J. Crawford Ware
Representative,
77th District
Sworn to and subscribed before me,
this 4th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 20, 1985.
TROUP COUNTY BOARD OF COMMISSIONERS;
COMPENSATION.
No. 142 (House Bill No. 598).
AN ACT
To amend an Act creating a Board of Commissioners for
Troup County, approved March 25, 1958 (Ga. L. 1958, p. 3068),
as amended, particularly by an Act approved April 6,1981 (Ga.
L. 1981, p. 4059), so as to increase the compensation of said
commissioners; to provide an effective date; 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 a Board of Commissioners for
Troup County, approved March 25, 1958 (Ga. L. 1958, p. 3068),
as amended, particularly by an Act approved April 6,1981 (Ga.
L. 1981, p. 4059), is amended by striking from subsection (a)
of Section 7 the following:
"$6,000.00,
and inserting in lieu thereof the following:
"$7,200.00,
so that when so amended subsection (a) of Section 7 shall read
as follows:
"(a) The Chairman of the Board of Commissioners shall
be compensated in the amount of $7,200.00 per annum paya-
ble in equal monthly installments from the funds of Troup
County.
Section 2. Said Act is further amended by striking from
subsection (b) of Section 7 the following:
"$4,800.00,
and inserting in lieu thereof the following:
"$6,000.00,
so that when so amended subsection (b) of Section 7 shall read
as follows:
"(b) The members of the Board of Commissioners, other
than the Chairman, shall be compensated in the amount
of $6,000.00 per annum payable in equal monthly install-
ments from the funds of Troup County.
Section 3. This Act shall become effective on the first day
of the month following the month in which it is approved by
the Governor or in which it becomes law without his approval.
Section 4. All laws and parts of laws in conflict with this
Act are repealed.
GEORGIA LAWS 1985 SESSION
3913
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular
1985 session of the General Assembly of Georgia a bill to amend
an Act creating a Board of Commissioners for Troup County,
approved March 25, 1958 (Ga. L. 1958, p. 3068), as amended,
particularly by an Act approved April 6, 1981 (Ga. L. 1981, p.
4059); and for other purposes.
This 31st day of January, 1985.
J. Crawford Ware
Representative,
77 th 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 LaGrange
Daily News which is the official organ of Troup County, on the
following date: February 2, 1985.
/s/ J. Crawford Ware
Representative,
77 th District
Sworn to and subscribed before me,
this 4th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 20, 1985.
3914 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
TROUP COUNTY STATE COURT; COMPENSATION OF
JUDGE AND SOLICITOR.
No. 143 (House Bill No. 600).
AN ACT
To amend an Act creating the State Court of Troup County
(formerly the Civil and Criminal Court of Troup County), ap-
proved March 6,1962 (Ga. L. 1962, p. 3020), as amended, particu-
larly by an Act approved March 12, 1984 (Ga. L. 1984, p. 3962),
so as to change the compensation of the judge and the solicitor;
to provide an effective date; to repeal conflicting laws; and for
other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act creating the State Court of Troup
County (formerly the Civil and Criminal Court of Troup County),
approved March 6, 1962 (Ga. L. 1962, p. 3020), as amended,
particularly by an Act approved March 12, 1984 (Ga. L. 1984,
p. 3962), is amended by striking from subsection (b) of Section
5 the following:
"$21,247.00,
and inserting in lieu thereof the following:
"$22,181.00,
so that when so amended subsection (b) of Section 5 shall read
as follows:
"(b) The salary of the Judge of the State Court of Troup
County shall be $22,181.00 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, Geor-
gia.
GEORGIA LAWS 1985 SESSION
3915
Section 2. Said Act is further amended by striking from
the fourth paragraph of Section 6 the following:
"$14,184.00,
and inserting in lieu thereof the following:
"$15,294.00,
so that when so amended the fourth paragraph of Section 6
shall read as follows:
"The salary of the Solicitor of the State Court of Troup
County shall be $15,294.00 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
1985 session of the General Assembly of Georgia a bill to amend
an Act creating the State Court of Troup County (formerly the
Civil and Criminal Court of Troup County), approved March
6, 1962 (Ga. L. 1962, p. 3020), as amended, particularly by an
Act approved March 12, 1984 (Ga. L. 1984, p. 3962) and for
other purposes.
This 31st day of January, 1985.
J. Crawford Ware
Honorable J. Crawford Ware
Representative,
77 th District
3916 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 LaGrange
Daily News which is the official organ of Troup County, on the
following date: February 2, 1985.
/s/ J. Crawford Ware
Representative,
77th District
Sworn to and subscribed before me,
this 4th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 20, 1985.
CITY OF CARROLLTON BOARD OF EDUCATION;
ELECTION.
No. 144 (House Bill No. 628).
AN ACT
To amend an Act establishing a system of public schools
for the City of Carrollton, approved November 26, 1886 (Ga.
L. 1886, p. 306), as amended, particularly by an Act approved
August 1,1923 (Ga. L. 1923, p. 513), so as to change the provisions
relating to the election of members of the board of education;
to provide for election wards; to provide a definition; to provide
for elections; to provide for voting; to provide for residency; to
provide for terms of office; to provide for existing members; to
GEORGIA LAWS 1985 SESSION
3917
provide for conflicting provisions; to provide for related matters;
to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section I. An Act establishing a system of public schools
for the City of Carrollton, approved November 26, 1886 (Ga.
L. 1886, p. 306), as amended, particularly by an Act approved
August 1, 1923 (Ga. L. 1923, p. 513), is amended by striking
Section 3 of said 1923 amendatory Act and inserting in lieu
thereof a new Section 3 to read as follows:
"Section 3. (a) For the purpose of electing members of
the board of education for the public school system for the
City of Carrollton, the City of Carrollton shall be divided
into six election wards consisting of the following territory
within the City of Carrollton:
Election Ward 1
The area between a line which begins at the North-
erly intersection of the center line of North Park Street
with the City Limits extending Southerly to the intersec-
tion of the center line of Maple Street; thence Southwes-
terly on the center line of Maple Street to the intersec-
tion of the center line of South Street; thence Westerly
along the center line of South Street to the center line
of Matthews Avenue; thence Northerly along the center
line of Matthews Avenue to the center line of Foster
Street; thence Westerly along the center line of Foster
Street to its intersection with the center line of South
Street; thence Westerly along the center line of South
Street to the center line of Brumbelow Road; thence
Northerly along the center line of Brumbelow Road to
its intersection with the center line of Loworn Road;
thence Westerly along the center line of Loworn Road
to the City Limits.
Election Ward 2
3918 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
The area between the line which begins at the inter-
section of the center line of North Park Street with the
City Limits extending Southerly to the intersection of
the center line of Maple Street; thence Northeasterly
along the center line of Maple Street to its intersection
with the center line of Alabama Street; thence Easterly
along the center line of Alabama Street across Adam-
son Square and continuing Easterly on the center line
of Newnan Street to its intersection with the center
line of Cedar Street; thence Easterly along the center
line of Cedar Street to its intersection with the center
line of Burns Road; thence Northerly along the center
line of Burns Road to the intersection of the center line
of Barnes Road; thence Southeasterly along the center
line of Barnes Road to the City Limits.
Election Ward 3
The area between a line which begins at the intersec-
tion of the center line of Hays Mill Road with the South-
erly City Limits of the City of Carrollton and extending
Northerly along the center line of Hays Mill Road to
the center line of Longview Street; thence Northeasterly
along the center line of Longview Street to the center
line of Maple Street; thence Northeasterly along the cen-
ter line of Maple Street to the center line of Alabama
Street; thence Easterly along the center line of Alabama
Street and continuing across Adamson Square Easterly
and along the center line of Newnan Street to the center
line of Cedar Street; thence Easterly along the center
line of Cedar Street to the center line of Burns Road;
thence Northerly to the center line of Barnes Road;
thence Southeasterly along the center line of Barnes
Road to the City Limits.
Election Ward 4
The area between a line formed by the South bound-
ary of Ward 1 and a line beginning at the intersection
of the center line of Maple Street and the center line
of Longview Street and thence continuing Southwesterly
along the center line of Longview Street to the center
line of Hays Mill Road; thence Southerly along the center
line of Hays Mill Road to its intersection with the City
Limits.
GEORGIA LAWS 1985 SESSION
3919
Election Ward 5
The City of Carrollton Independent School District.
Election Ward 6
The City of Carrollton Independent School District.
(b) For the purposes of this section, whenever the de-
scription of any ward 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) Those members of the board of education in office
on April 1, 1985, shall serve out the remainder of the terms
to which they were elected. At the city election in 1985 and
every four years thereafter, a member shall be elected from
Election Ward 2, a member shall be elected from Election
Ward 3, and a member shall be elected from Election Ward
5. At the city election in 1987 and every four years thereafter,
a member shall be elected from Election Ward 1, a member
shall be elected from Election Ward 4, and a member shall
be elected from Election Ward 6. A member of the board
of education must reside within the election ward from which
he is selected and shall be elected by the electors residing
within that election ward. The term of office of members
of the board of education shall be for four years and until
their successors are elected and qualified.
(d) This section shall supersede any provision of local
law which is in conflict with this section, and such conflicting
provision 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 1985 Session of the General Assembly of Georgia a Bill
to amend an Act establishing a system of public schools for
the City of Carrollton and several amendatory Acts thereto;
and for other purposes.
3920 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This 18th day of January, 1985.
Board of Education
For Carrollton.
AFFIDAVIT.
Georgia, Carroll County.
To Whom It May Concern:
This is to certify that the legal notice attached hereto has
been published in the Daily-Times Georgian legal organ for Car-
roll County.
The following dates, to-wit: Jan. 24.
Sworn to on the 25th day
of January, 1985.
/s/ Stanley Parkman
Publisher
Sworn to and subscribed before me,
on the 25th day of January, 1985.
/s/ Martha Crowe
Notary Public.
(Seal).
Approved March 20, 1985.
GEORGIA LAWS 1985 SESSION
3921
COWETA COUNTY AND MUNICIPALITIES THEREIN
TANGIBLE PERSONAL PROPERTY; AD VALOREM
TAX EXEMPTION; LOCAL CONSTITUTIONAL
AMENDMENT CONTINUED.
No. 146 (House Bill No. 676).
AN ACT
To continue in force and effect as a part of the Constitution
of the State of Georgia that constitutional amendment which
was proposed by Resolution Act No. 24 (HR No. 208-885) enacted
at the 1975 session of the General Assembly and which was
duly ratified at the 1975 general election (Ga. L. 1975, p. 1700)
and which authorizes Coweta County and municipalities located
therein to exempt from ad valorem taxation certain tangible
personal property; to provide the authority for this Act; to repeal
conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. That constitutional amendment which was pro-
posed by Resolution Act No. 24 (HR No. 208-885) enacted at
the 1975 session of the General Assembly and which was duly
ratified at the 1975 general election (Ga. L. 1975, p. 1700) and
which authorizes Coweta County and municipalities located
therein to exempt from ad valorem taxation certain tangible
personal property shall not be repealed or deleted on July 1,
1987, as a part of the Constitution of the State of Georgia but
is specifically continued in force and effect on and after that
date as a part of the Constitution of the State of Georgia.
Section 2. This Act is passed pursuant to Article XI, Sec-
tion I, Paragraph IV of the Constitution of the State of Georgia
which authorizes the continuation of certain amendments to
the Constitution.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
3922 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
LEGAL NOTICE
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular
1985 session of the General Assembly of Georgia a bill to con-
tinue in force and effect as a part of the Constitution of the
State of Georgia that constitutional amendment which was pro-
posed by Resolution Act No. 24 (HR No. 208-885) enacted at
the 1975 session of the General Assembly and which was duly
ratified at the 1975 general election (Ga. L. 1975, p. 1700) and
which authorizes Coweta County and municipalities located
therein to exempt from ad valorem taxation certain tangible
personal property; to provide the authority for this Act; to pro-
vide for related matters; and for other purposes.
This 24th day of January, 1985.
J. Neal Shepard, Jr.
Representative,
71st District
Georgia, Coweta County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, J. Neal Shepard, Jr., who,
on oath, deposes and says that he is Representative from the
71st District, and that the attached copy of Notice of Intention
to Introduce Local Legislation was published in the Newnan
Times-Herald, which is the official organ of Coweta County, on
the following date: January 31, 1985.
/s/ J. Neal Shepard, Jr.
Representative,
71st District
Sworn to and subscribed before me,
this 31st day of January, 1985.
/s/ Dorothy D. Vaughn
Notary Public, State of Georgia.
My Commission Expires: 9-22-87.
(Seal).
Approved March 20, 1985.
GEORGIA LAWS 1985 SESSION
3923
CITY OF CHATSWORTH ELECTION DATE.
No. 147 (House Bill No. 697).
AN ACT
To amend an Act creating a new charter for the City of
Chatsworth, approved August 18, 1923 (Ga. L. 1923, p. 529),
as amended, particularly by an Act approved February 25, 1947
(Ga. L. 1947, p. 106) and an Act approved February 25, 1949
(Ga. L. 1949, p. 1889), so as to change the date of election of
the mayor and aldermen; 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
Chatsworth, approved August 18, 1923 (Ga. L. 1923, p. 529),
as amended, particularly by an Act approved February 25,1947
(Ga. L. 1947, p. 106) and an Act approved February 25, 1949
(Ga. L. 1949, p. 1889), is amended by striking Section 4 and
inserting in lieu thereof a new Section 4 to read as follows:
"Section 4. That on the first Saturday in December, 1985,
an election shall be held for mayor and two aldermen. The
mayor thus elected shall serve for a term of two years; and
his successors shall be elected on the first Saturday in Decem-
ber, 1987, and every two years thereafter. On the first Satur-
day in December, 1985, two aldermen shall be elected for
a term of two years; and their successors shall be elected
in 1987 and every two years thereafter. Two aldermen shall
be elected on the first Saturday in December, 1986, for a
term of two years; and their successors shall be elected on
the first Saturday in December, 1988, and every two years
thereafter.
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 1985 session of the General Assembly of Georgia a bill
3924 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
to amend an Act providing a new charter for the City of Chats-
worth, approved August 20, 1923 (Ga. L. 1923, p. 529), as
amended; and for other purposes.
This 28th day of January, 1985.
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, 1985.
/s/ Tom Ramsey
Representative,
3rd District
Sworn to and subscribed before me,
this 6th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 20, 1985.
GEORGIA LAWS 1985 SESSION
3925
CITY OF WINTERVILLE MAYOR AND COUNCILMEN;
TERMS; ELECTIONS.
No. 148 (House Bill No. 698).
AN ACT
To amend an Act granting a new charter to the City of
Winterville, approved March 4, 1955 (Ga. L. 1955, p. 2794), as
amended, so as to change the provisions relating to the election
and terms of office of the mayor and councilmen; to provide
for initial and regular terms of office; to provide for election
procedures; to provide for plurality voting; to repeal conflicting
laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act granting a new charter to the City of
Winterville, approved March 4, 1955 (Ga. L. 1955, p. 2794), as
amended, is amended by striking Section 5 of said Act and insert-
ing in lieu thereof a new Section 5 to read as follows:
"Section 5. (a) The government, supervision, powers,
and control of the City of Winterville shall be vested in a
mayor and four councilmen.
(b) The mayor and councilmen in office on February
1,1985, shall serve for the remainder of the terms for which
they were elected and until their successors are elected and
qualified.
(c) City elections shall be held on the first Tuesday in
September of each even-numbered year. All elections shall
be by plurality vote and candidates for the offices of mayor
or councilmen may reside anywhere within the city and shall
be elected by the voters of the entire city. At the time of
qualifying, candidates shall designate the office to which they
seek election.
(d) At the city election in 1986, a mayor and four coun-
cilmen shall be elected. The candidate receiving the highest
3926 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
number of votes for mayor shall be elected. The four candi-
dates receiving the highest number of votes for councilmen
shall be elected. Voters at such election shall be entitled
to cast one vote for the office of mayor and four votes for
councilmen. The two candidates receiving the two highest
numbers of votes for the office of councilman at such election
shall have initial terms of office of four years and until their
respective successors are elected and qualified. The two can-
didates receiving the third and fourth highest number of
votes for the office of councilman at such election shall have
initial terms of office of two years and until their respective
successors are elected and qualified. The candidate elected
to the office of mayor at such election shall have an initial
term of office of four years and until a successor is elected
and qualified.
(e) At subsequent city elections there shall be elected
either two councilmen or a mayor and two councilmen to
succeed the officers whose terms are expiring. Voters shall
be entitled to vote for two candidates for councilmen and,
if a mayor is to be elected, one vote for mayor. The candidates
receiving the highest number of votes for mayor and the
two highest numbers of votes for councilmen shall be elected.
Following the initial terms of office provided in subsection
(d) of this section, the terms of office of the mayor and council-
men shall be for four years and until their respective succes-
sors are elected and qualified.
(f) Terms of office of the mayor and councilmen shall
begin on January 1 following the city election.
(g) Elections shall be conducted in accordance with
Chapter 3 of Title 21 of the Official Code of Georgia Anno-
tated, the 'Georgia Municipal Election Code.
Section 2. Said Act is further amended by striking Section
7, which reads as follows:
'Section 7. The persons elected at the aforesaid election
in 1956 shall take office January 1, 1957, and shall have a
term of office of two years and until their successors are
elected and qualified. All future persons elected shall take
office on January first after their election in September and
shall have a like term of office.,
GEORGIA LAWS 1985 SESSION
3927
in its entirety.
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
1985 session of the General Assembly of Georgia, a bill to amend
an Act creating a new charter for the City of Winterville (for-
merly Town of Winterville), approved March 4, 1955 (Ga. L.
1955, p. 2794) as amended; and for other purposes.
This 18th day of January, 1985.
Albert L. Stone, Jr.
City Attorney for the
City of Winterville
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Louie Max Clark, who,
on oath, deposes and says that he is Representative from the
13th District, and that the attached copy of Notice of Intention
to Introduce Local Legislation was published in the Athens Ban-
ner-Herald which is the official organ of Clarke County, on the
following date: January 25, 1985.
/s/ Louie Max Clark
Representative,
13th District
Sworn to and subscribed before me,
this 6th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 20, 1985.
3928 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
DECATUR COUNTY-BAINBRIDGE INDUSTRIAL
DEVELOPMENT AUTHORITY LOCAL
CONSTITUTIONAL AMENDMENT CONTINUED.
No. 149 (House Bill No. 701).
AN ACT
To continue in force and effect as a part of the Constitution
of the State of Georgia that constitutional amendment which
was proposed by Resolution Act No. 250 (House Resolution No.
684-1477) of the 1968 General Assembly (Ga. L. 1968, p. 1780),
and which was duly ratified at the 1968 general election and
which relates to the creation of the Decatur County Bain-
bridge Industrial Development Authority; to provide the author-
ity for this Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. That constitutional amendment which was pro-
posed by Resolution Act No. 250 (House Resolution No. 684-
1477) of the 1968 General Assembly (Ga. L. 1968, p. 1780), and
which was duly ratified at the 1968 general election and which
relates to the creation of the Decatur County Bainbridge
Industrial Development Authority shall not be repealed or de-
leted on July 1, 1987, as a part of the Constitution of the State
of Georgia but is specifically continued in force and effect on
and after that date as a part of the Constitution of the State
of Georgia.
Section 2. This Act is passed pursuant to Article XI, Sec-
tion I, Paragraph IV of the Constitution of the State of Georgia
which authorizes the continuation of certain amendments to
the 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 regular
1985 session of the General Assembly of Georgia a bill to con-
GEORGIA LAWS 1985 SESSION
3929
tinue in force and effect as a part of the Constitution of the
State of Georgia that constitutional amendment which was pro-
posed by Resolution Act No. 250 (House Resolution No. 684-
1477) of the 1968 General Assembly (Ga. L. 1968, p. 1780), and
which was duly ratified at the 1968 general election and which
relates to the creation of the Decatur County-Bainbridge Indus-
trial Development Authority; to provide for related matters;
and for other purposes.
This 25th day of January, 1985.
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 Bainbridge
Post-Searchlight which is the official organ of Decatur County,
on the following date: January 30, 1985.
/s/ Walter E. Cox
Representative,
141st District
Sworn to and subscribed before me,
this 7th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 20, 1985.
3930 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
DOWNTOWN BAINBRIDGE DEVELOPMENT AUTHORITY
LOCAL CONSTITUTIONAL AMENDMENT CONTINUED.
No. 150 (House Bill No. 702).
AN ACT
To continue in force and effect as a part of the Constitution
of the State of Georgia that constitutional amendment which
was proposed by Resolution Act No. 26 (House Resolution No.
23-83) of the 1979 General Assembly (Ga. L. 1979, p. 1806), and
which was duly ratified at the 1980 general election and which
relates to providing for the establishment of a Downtown Bain-
bridge Development Authority; to provide the authority for this
Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. That constitutional amendment which was pro-
posed by Resolution Act No. 26 (House Resolution No. 23-83)
of the 1979 General Assembly (Ga. L. 1979, p. 1806), and which
was duly ratified at the 1980 general election and which relates
to providing for the establishment of a Downtown Bainbridge
Development Authority shall not be repealed or deleted on July
1, 1987, as a part of the Constitution of the State of Georgia
but is specifically continued in force and effect on and after
that date as a part of the Constitution of the State of Georgia.
Section 2. This Act is passed pursuant to Article XI, Sec-
tion I, Paragraph IV of the Constitution of the State of Georgia
which authorizes the continuation of certain amendments to
the 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 regular
1985 session of the General Assembly of Georgia a bill to con-
tinue in force and effect as a part of the Constitution of the
GEORGIA LAWS 1985 SESSION
3931
State of Georgia that constitutional amendment which was pro-
posed by Resolution Act No. 26 (House Resolution No. 23-83)
of the 1979 General Assembly (Ga. L. 1979, p. 1806), and which
was duly ratified at the 1980 general election and which relates
to providing for the establishment of a Downtown Bainbridge
Development Authority; to provide for related matters; and for
other purposes.
This 25th day of January, 1985.
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 Bainbridge
Post-Searchlight which is the official organ of Decatur County,
on the following date: January 30, 1985.
/s/ Walter E. Cox
Representative,
141st District
Sworn to and subscribed before me,
this 7th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 20, 1985.
3932 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
HENRY COUNTY BOARD OF EDUCATION;
COMPOSITION; LOCAL CONSTITUTIONAL AMENDMENT
CONTINUED.
No. 151 (House Bill No. 768).
AN ACT
To continue in force and effect as a part of the Constitution
of the State of Georgia that constitutional amendment which
was proposed by Resolution Act No. 77 (House Resolution No.
303-744g) of the 1958 General Assembly (Ga. L. 1958, p. 436),
and which was duly ratified at the 1958 general election, as
amended by Resolution Act No. 82 (House Resolution No. 223-
467) of the 1966 General Assembly (Ga. L. 1966, p. 919), which
was duly ratified at the 1966 general election, and which relates
to the election, terms of office, and compensation of the Board
of Education of Henry County; to provide the authority for this
Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. That constitutional amendment which was pro-
posed by Resolution Act No. 77 (House Resolution No. 303-744g)
of the 1958 General Assembly (Ga. L. 1958, p. 436), and which
was duly ratified at the 1958 general election, as amended by
Resolution Act No. 82 (House Resolution No. 223-467) of the
1966 General Assembly (Ga. L. 1966, p. 919), which was duly
ratified at the 1966 general election, and which relates to the
election, terms of office, and compensation of the Board of Educa-
tion of Henry County shall not be repealed or deleted on July
1, 1987, as a part of the Constitution of the State of Georgia
but is specifically continued in force and effect on and after
that date as a part of the Constitution of the State of Georgia.
Section 2. This Act is passed pursuant to Article XI, Sec-
tion I, Paragraph IV of the Constitution of the State of Georgia
which authorizes the continuation of certain amendments to
the Constitution.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
GEORGIA LAWS 1985 SESSION
3933
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular
1985 session of the General Assembly of Georgia a bill to con-
tinue in force and effect as a part of the Constitution of the
State of Georgia that constitutional amendment which was pro-
posed by Resolution Act No. 77 (House Resolution No. 303-744g)
of the 1958 General Assembly (Ga. L. 1958, p. 436), and which
was duly ratified at the 1958 general election, as amended by
Resolution Act No. 82 (House Resolution No. 223-467) of the
1966 General Assembly (Ga. L. 1966, p. 919), which was duly
ratified at the 1966 general election, and which relates to the
election, terms of office, and compensation of the Board of Educa-
tion of Henry County; to provide the authority for this Act;
and for other purposes.
This 30th day of January, 1985.
Honorable 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 Dis-
trict, and that the attached copy of Notice of Intention to Intro-
duce Local Legislation was published in the Henry Herald which
is the official organ of Henry County, on the following date:
January 30, 1985.
/s/ Wesley Dunn
Representative,
73rd District
Sworn to and subscribed before me,
this 11th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 20, 1985.
3934 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
HENRY COUNTY WATER AND SEWERAGE AUTHORITY
MEMBERS HOLDING OTHER OFFICES.
No. 152 (House BUI No. 769).
AN ACT
To amend an Act creating the Henry County Water and
Sewerage Authority, approved March 28, 1961 (Ga. L. 1961, p.
2588), as amended, particularly by an Act approved April 12,
1982 (Ga. L. 1982, p. 4081), so as to change provisions relating
to authority members holding other public offices; to repeal con-
flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act creating the Henry County Water and
Sewerage Authority, approved March 28, 1961 (Ga. L. 1961, p.
2588), as amended, particularly by an Act approved April 12,
1982 (Ga. L. 1982, p. 4081), is amended by repealing in its entir-
ety subsection (g) of Section 4 which reads as follows:
"(g) Effective January 1,1985, no member of the author-
ity shall hold any appointed or elected local, state, or federal
public office.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular
1985 session of the General Assembly of Georgia a bill to amend
an Act creating the Henry County Water and Sewerage Author
ity, approved March 28,1961 (Ga. L. 1961, p. 2588), as amended,
particularly by an Act approved April 17, 1973 (Ga. L. 1973,
p. 3519), an Act approved March 23, 1977 (Ga. L. 1977, p. 4129),
an Act approved April 6, 1981 (Ga. L. 1981, p. 4011), and an
GEORGIA LAWS 1985 SESSION
3935
Act approved April 12, 1982 (Ga. L. 1982, p. 4081); and for other
purposes.
This 30th day of January, 1985.
Honorable 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 Dis-
trict, and that the attached copy of Notice of Intention to Intro-
duce Local Legislation was published in the Henry Herald which
is the official organ of Henry County, on the following date:
January 30, 1985.
/s/ Wesley Dunn
Representative,
73rd District
Sworn to and subscribed before me,
this 11th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 20, 1985.
3936 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
HENRY COUNTY WATER AND SEWER BONDS; LOCAL
CONSTITUTIONAL AMENDMENT CONTINUED.
No. 153 (House Bill No. 770).
AN ACT
To continue in force and effect as a part of the Constitution
of the State of Georgia that constitutional amendment which
was proposed by Resolution Act No. 248 (House Resolution No.
681-1473) of the 1968 General Assembly (Ga. L. 1968, p. 1774),
and which was duly ratified at the 1968 general election and
which relates to authorizing Henry County to incur an addi-
tional bonded indebtedness for water and sewerage purposes
and evidence same by the issuance of general obligation bonds
in an amount not to exceed 7 percent of all property within
the county subject to taxation for bond purposes; to provide
the authority for this Act; to repeal conflicting laws; and for
other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. That constitutional amendment which was pro-
posed by Resolution Act No. 248 (House Resolution No. 681-
1473) of the 1968 General Assembly (Ga. L. 1968, p. 1774), and
which was duly ratified at the 1968 general election and which
relates to authorizing Henry County to incur an additional
bonded indebtedness for water and sewerage purposes and evi-
dence same by the issuance of general obligation bonds in an
amount not to exceed 7 percent of all property within the county
subject to taxation for bond purposes shall not be repealed or
deleted on July 1, 1987, as a part of the Constitution of the
State of Georgia but is specifically continued in force and effect
on and after that date as a part of the Constitution of the State
of Georgia.
Section 2. This Act is passed pursuant to Article XI, Sec-
tion I, Paragraph IV of the Constitution of the State of Georgia
which authorizes the continuation of certain amendments to
the Constitution.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
GEORGIA LAWS 1985 SESSION
3937
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular
1985 session of the General Assembly of Georgia a bill to con-
tinue in force and effect as a part of the Constitution of Georgia
that constitutional amendment which was proposed by Resolu-
tion Act No. 248 (House Resolution No. 681-1473) of the 1968
General Assembly (Ga. L. 1968, p. 1774), and which was duly
ratified at the 1968 general election and which relates to author-
izing Henry County to incur an additional bonded indebtedness
for water and sewerage purposes and evidence same by the is-
suance of general obligation bonds in an amount not to exceed
7 percent of all property within the county subject to taxation
for bond purposes; to provide for related matters; and for other
purposes.
This 30th day of January, 1985.
Honorable 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 Dis-
trict, and that the attached copy of Notice of Intention to Intro-
duce Local Legislation was published in the Henry Herald which
is the official organ of Henry County, on the following date:
January 30, 1985.
/s/ Wesley Dunn
Representative,
73rd District
Sworn to and subscribed before me,
this 11th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 20, 1985.
3938 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
HENRY COUNTY AND MUNICIPALITIES THEREIN AD
VALOREM TAX EXEMPTION ON PERSONAL PROPERTY
IN TRANSIT; LOCAL CONSTITUTIONAL AMENDMENT
CONTINUED.
No. 154 (House Bill No. 771).
AN ACT
To continue in force and effect as a part of the Constitution
of the State of Georgia that constitutional amendment which
was proposed by Resolution Act No. 216 (House Resolution No.
718-1859) of the 1976 General Assembly (Ga. L. 1976, p. 1900),
and which was duly ratified at the 1976 general election and
which relates to authorizing the governing authority of Henry
County or of municipalities therein to provide for the exemption
from all ad valorem taxation of tangible personal property
stored for or in transit to a destination outside the state; to
provide the authority for this Act; to repeal conflicting laws;
and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. That constitutional amendment which was pro-
posed by Resolution Act No. 216 (House Resolution No. 718-
1859) of the 1976 General Assembly (Ga. L. 1976, p. 1900), and
which was duly ratified at the 1976 general election and which
relates to authorizing the governing authority of Henry County
or of municipalities therein to provide for the exemption from
all ad valorem taxation of tangible personal property stored
for or in transit to a destination outside the state shall not be
repealed or deleted on July iJ 1987, as a part of the Constitution
of the State of Georgia but is specifically continued in force
and effect on and after that date as a part of the Constitution
of the State of Georgia.
Section 2. This Act is passed pursuant to Article XI, Sec-
tion I, Paragraph IV of the Constitution of the State of Georgia
which authorizes the continuation of certain amendments to
the Constitution.
GEORGIA LAWS 1985 SESSION
3939
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
1985 session of the General Assembly of Georgia a bill to con-
tinue in force and effect as a part of the Constitution of Georgia
that constitutional amendment which was proposed by Resolu-
tion Act No. 216 (House Resolution No. 718-1859) of the 1976
General Assembly (Ga. L. 1976, p. 1900), and which was duly
ratified at the 1976 general election and which relates to author-
izing the governing authority of Henry County or of municipali-
ties therein to provide for the exemption from all ad valorem
taxation of tangible personal property stored for or in transit
to a destination outside the state; to provide for related matters;
and for other purposes.
This 30th day of January, 1985.
Honorable 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 Dis-
trict, and that the attached copy of Notice of Intention to Intro-
duce Local Legislation was published in the Henry Herald which
is the official organ of Henry County, on the following date:
January 30, 1985.
/s/ Wesley Dunn
Representative,
73rd District
3940 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 11th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 20, 1985.
HENRY COUNTY WATER AND SEWER TAX; LOCAL
CONSTITUTIONAL AMENDMENT CONTINUED.
No. 155 (House Bill No. 772).
AN ACT
To continue in force and effect as a part of the Constitution
of the State of Georgia that constitutional amendment which
was proposed by Resolution Act No. 238 (House Resolution No.
622-1427) of the 1968 General Assembly (Ga. L. 1968, p. 1739),
and which was duly ratified at the 1968 general election and
which relates to authorizing the governing authority of Henry
County to levy a tax not to exceed two mills per dollar on all
taxable property located therein for water or water and sewer-
age purposes and to guarantee payment of revenue bonds issued
by the county and the Henry County Water Authority; to pro-
vide the authority for this Act; to repeal conflicting laws; and
for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. That constitutional amendment which was pro-
posed by Resolution Act No. 238 (House Resolution No. 622-
1427) of the 1968 General Assembly (Ga. L. 1968, p. 1739), and
which was duly ratified at the 1968 general election and which
GEORGIA LAWS 1985 SESSION
3941
relates to authorizing the governing authority of Henry County
to levy a tax not to exceed two mills per dollar on all taxable
property located therein for water or water and sewerage pur-
poses and to guarantee payment of revenue bonds issued by
the county and the Henry County Water Authority shall not
be repealed or deleted on July 1,1987, as a part of the Constitu-
tion of the State of Georgia but is specifically continued in force
and effect on and after that date as a part of the Constitution
of the State of Georgia.
Section 2. This Act is passed pursuant to Article XI, Sec-
tion I, Paragraph IV of the Constitution of the State of Georgia
which authorizes the continuation of certain amendments to
the 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 regular
1985 session of the General Assembly of Georgia a bill to con-
tinue in force and effect as a part of the Constitution of Georgia
that constitutional amendment which was proposed by Resolu-
tion Act No. 238 (House Resolution No. 622-1427) of the 1968
General Assembly (Ga. L. 1968, p. 1739), and which was duly
ratified at the 1968 general election and which relates to author-
izing the governing authority of Henry County to levy a tax
not to exceed two mills per dollar on all taxable property located
therein for water or water and sewerage purposes and to guaran-
tee payment of revenue bonds issued by the county and the
Henry County Water Authority; to provide for related matters;
and for other purposes.
This 30th day of January, 1985.
Honorable 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,
3942 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
deposes and says that he is Representative from the 73rd Dis-
trict, and that the attached copy of Notice of Intention to Intro-
duce Local Legislation was published in the Henry Herald which
is the official organ of Henry County, on the following date:
January 30, 1985.
/s/ Wesley Dunn
Representative,
73rd District
Sworn to and subscribed before me,
this 11th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 20, 1985.
HENRY COUNTY BOARD OF COMMISSIONERS;
PUBLICATION OF FINANCIAL STATEMENTS AND
AUDITS; TREASURERS REPORTS; APPOINTMENTS.
No. 156 (House Bill No. 774).
AN ACT
To amend an Act providing for a board of commissioners
of Henry County, approved March 28,1974 (Ga. L. 1974, p. 3680),
as amended, so as to require the board to have published
monthly financial statements and a yearly audit statement; to
change conditions under which treasurers reports are made
to the board; to provide that no member of the board shall ap-
point any person to more than one local board or authority or
shall appoint any person who is an employee of any county to
such position; to repeal conflicting laws; and for other purposes.
GEORGIA LAWS 1985 SESSION
3943
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act providing for a board of commissioners
of Henry County, approved March 28,1974 (Ga. L. 1974, p. 3680),
as amended, is amended by striking in its entirety Section 14
and inserting in its place a new Section 14 to read as follows:
"Section 14. (a) The board of commissioners shall have
made out and published in the official organ of the county
on a monthly basis a summarized financial statement show-
ing revenues and expenditures. The board of commissioners
shall also publish in the official organ of the county at the
end of the fiscal year for the information of the general
public a summarized audit statement of revenues and expen-
ditures as prepared by a certified public auditor.
(b) It shall be the duty of the said board of commission-
ers to require the county treasurer to make to it such state-
ments as it deems necessary or appropriate disclosing the
financial condition of the county, which statements shall
include, but not be limited to, showing the amount of money
in the treasury, the amount apportioned for each of the pur-
poses for which taxes may be levied under the law, and
the amount of money paid out during the preceding quarter,
to whom paid, and for what purpose.
Section 2. Said Act is further amended by inserting imme-
diately following Section 17 a new section, to be designated Sec-
tion 17.1, to read as follows:
"Section 17.1. No member of the board of commission-
ers shall appoint any person to more than one local board
or authority nor shall any member appoint any person who
is an employee of any county to such position.
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
1985 session of the General Assembly of Georgia a bill to amend
3944 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
an Act providing for a new board of commissioners of Henry
County, approved March 28, 1974 (Ga. L. 1974, p. 3680), as
amended; and for other purposes.
This 30th day of January, 1985.
Honorable 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 Dis-
trict, and that the attached copy of Notice of Intention to Intro-
duce Local Legislation was published in the Henry Herald which
is the official organ of Henry County, on the following date:
January 30, 1985.
/s/ Wesley Dunn
Representative,
73rd District
Sworn to and subscribed before me,
this 11th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 20, 1985.
GEORGIA LAWS 1985 SESSION
3945
CARROLL COUNTY BOARD OF EDUCATION; SCHOOL
SUPERINTENDENT; REFERENDUM.
No. 157 (House Bill No. 964).
AN ACT
To provide for a special election to determine whether the
members of the board of education of the Carroll County school
district shall be elected rather than appointed; to provide for
the terms of current board members and for the election and
terms of future members of the board, if election of board mem-
bers is approved; to provide for education districts; to provide
for a special election to determine whether the school superin-
tendent of the school district shall be appointed rather than
elected; to provide for appointment of the superintendent, if
approved; 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) On and after the effective date of this section,
if this section becomes effective, there shall begin a transition
pursuant to which the board of education of the Carroll County
school district shall be converted from an appointed board of
education to an elected board of education. The members of
the appointed board of education in office on the effective date
of this section, or any members appointed to replace such mem-
bers prior to the effective date of this section, shall serve for
terms of office to expire as follows and until the expiration of
their terms shall represent the education districts specified in
this section as follows:
Education District No. 1, current member Guy Davis, term
to expire December 31, 1988;
Education District No. 2, current member W. L. Steadham,
term to expire December 31, 1986;
3946 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Education District No. 3, current member J. M. Gammon,
term to expire December 31, 1987;
Education District No. 4, current member Lewis Sherrill,
term to expire as provided in subsection (b) of this section;
Education District No. 5, current member Wayne Seabolt,
term to expire December 31, 1989; and
Education District No. 6, no current member and to be filled
as provided in subsection (b) of this section.
(b) Not less than ten and not more than 20 days after this
section becomes effective and may lawfully be enforced under
the federal Voting Rights Act, the election superintendent of
Carroll County shall issue the call for a special election to elect
members of the board of education to represent Education Dis-
tricts No. 4 and 6. The superintendent shall set the date of
the election for a date not less than 30 and not more than 40
days after the date of the call. Such special election shall be
held as provided by general law; and the election of each member
shall be by the voters of that members education district only,
as provided by this section for future elections of board members.
Upon the election at said special election and qualification of
a member of the board to represent Education District No. 4,
the member so elected shall immediately take office and current
member Lewis Sherrill shall cease to serve; and the new member
so elected from Education District No. 4 shall serve for a term
of office to expire December 31, 1988. The member elected at
said special election to represent Education District No. 6 shall
also take office immediately upon his election and qualification
and shall serve for a term of office to expire December 31,1988.
(c) Not less than 30 nor more than 60 days before the Tues-
day next following the first Monday in November of 1987, the
election superintendent of Carroll County shall issue the call
for a special election to elect a member of the board of education
to represent Education District No. 3. The superintendent shall
set the date of the election for the Tuesday next following the
first Monday of November of 1987. Such special election shall
be held as provided by general law; and the election of the mem-
ber shall be by the voters of Education District No. 3 only, as
provided by this section for elections of board members. The
member so elected to represent Education District No. 3 shall
GEORGIA LAWS 1985 SESSION
3947
take office January 1, 1988, and shall serve for a term of office
to expire December 31, 1990.
(d) Not less than 30 nor more than 60 days before the Tues-
day next following the first Monday in November of 1989, the
election superintendent of Carroll County shall issue the call
for a special election to elect a member of the board of education
to represent Education District No. 5. The superintendent shall
set the date of the election for the Tuesday next following the
first Monday of November of 1989. Such special election shall
be held as provided by general law; and the election of the mem-
ber shall be by the voters of Education District No. 5 only, as
provided by this section for elections of board members. The
member so elected shall take office January 1, 1990, and shall
serve for a term of office to expire December 31, 1994.
(e) Except for the special elections provided for in subsec-
tions (b), (c), and (d) of this section, all members of the board
of education who are elected after the effective date of this sec-
tion shall be elected at the general election which next precedes
the expiration of a term of office and shall serve for terms of
four years, so that the member to represent Education District
No. 2 shall be elected in 1986 and quadrennially thereafter;
the members to represent Education Districts No. 3 and 5 shall
be elected in 1990 and quadrennially thereafter; and members
to represent Education Districts No. 1, 4, and 6 shall be elected
in 1988 and quadrennially thereafter.
(f) All such future members shall take office on the first
day of January next following their election and shall serve
for terms of four years and until their successors are elected
and qualified.
(g) Each member of the board shall be elected from and
by only the voters of the education district he represents. Each
member of the board must be a resident of the district he repre-
sents; and, if any member ceases to reside in the district he
represents, the remaining members of the board shall immedi-
ately declare his office to be vacant.
(h) For purposes of the election of members of the board
of education, as provided in this section, the Carroll County
school district is divided into six education districts as follows:
3948 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Education District No. 1
Carroll
Tract 9901
Block 101
That part of Block 102 north of the
Little Tallapoosa River
Block Groups 2 and 3
Blocks 401 through 425, 428 through
434, and 442 through 444
Education District No. 2
Carroll
Tract 9901
That part of Block 102 south of the
Little Tallapoosa River
Blocks 103 through 105
Blocks 426, 427, and 435 through 441
Tract 9902
Blocks 101 through 103
Blocks 305 through 307, 319, and 320
Tract 9903
Block Groups 1 through 3
Block 501
That part of Block 502 north of an
unnamed branch which serves as
the boundary between the Temple
and Central Point Voting Precincts
Blocks 503 through 513
That part of Block 514 outside the
City of Carrollton
Block 516
That part of Block 517 outside the
City of Carrollton
Blocks 518 through 521
Tract 9904
Blocks 301 through 303
That part of Block 309 outside the
City of Carrollton
Education District No. 3
Carroll
Tract 9903
Block Group 4
GEORGIA LAWS 1985 SESSION
3949
Tract 9904
Block 101
That part of Block 102 east of
Turkey Creek
Blocks 103 through 116
That part of Block 117 east of
Turkey Creek
Blocks 118 through 127
Block Group 2
That part of Block 304 outside the
City of Carrollton
Blocks 305 and 306
Those parts of Blocks 307, 308, and
311 through 317 outside the
City of Carrollton
Block 318
That part of Block 319 outside the
City of Carrollton
Blocks 320 through 328
That part of Blocks 329 and 330 outside
the City of Carrollton
Those parts of Blocks 402, 403, and 435
outside the City of Carrollton
Blocks 436 through 439, 444, and 445
Tract 9905
That part of Block 108 east of
Turkey Creek
Blocks 301 through 317
Those parts of Blocks 318 and 319 east
of Garrett Creek
Blocks 357 and 358
Block 501
Education District No. 4
Carroll
Tract 9904
Those parts of Blocks 102 and 117
west of Turkey Creek
Tract 9905
Blocks 101 through 107
That part of Block 108 west of
Turkey Creek
3950 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Block Group 2
Those parts of Blocks 318 and 319 west
of Garrett Creek
Blocks 320 through 356
Block Group 4
Blocks 502 through 537
Education District No. 5
Carroll
Tract 9906
Block Group 1
That part of Block 201 outside the
City of Carrollton
Block 202
That part of Block 203 outside the
City of Carrollton
Blocks 204 through 216
That part of Block 349 outside the
City of Carrollton
That part of Block 401 outside the
City of Carrollton
Blocks 402 through 414 and 416 through 421
That part of Block 422 outside the
City of Carrollton
Tract 9907
Block 201
That part of Block 202 outside the
City of Carrollton
Blocks 203 through 231
Block Group 3
Blocks 404 and 405
That part of Block 440 west of
Central of Georgia Railroad
Blocks 441 and 442
That part of Block 443 west of
Cartbody Creek
That part of Block 446 west of
Central of Georgia Railroad and
north of an unnamed branch
which serves as the boundary
between the Clem and Whitesburg
Voting Precincts
GEORGIA LAWS 1985 SESSION
3951
That part of Block 449 west of the
unnamed branch which serves as
the boundary between the Lowell
and Whitesburg Voting Precints
Block 450
Education District No. 6
Carroll
Tract 9902
Blocks 104 through 110
Those parts of Blocks 111 and 112
outside the City of Carrollton
Blocks 113 through 129
That part of Block 130 outside the
City of Carrollton
That part of Block 202 outside the
City of Carrollton
Blocks 301 through 304, 308 through
318, and 321 through 345
Tract 9903
That part of Block 502 south
of an unnamed branch which
serves as the boundary between
the Temple and Central Point
Voting Precincts
That part of Block 515 outside the
City of Carrollton
Block 522
Tract 9907
Blocks 401 through 403 and 406
through 439
That part of Block 440 east of
Central of Georgia Railroad
That part of Block 443 west of
Cartbody Creek
Blocks 444 and 445
That part of Block 446 east of
Central of Georgia Railroad
and south of an unnamed branch
which serves as the boundary
between the Clem and Whitesburg
Voting Precincts
3952 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Blocks 447 and 448
That part of Block 449 east of
an unnamed branch which
serves as the boundary between
the Lowell and Whitesburg
Voting Precincts
Blocks 451 through 454
Block Group 5
(i) For purposes of subsection (h) 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 decen-
nial census of 1980 for the State of Georgia;
(2) Whenever the description of any education dis-
trict refers to a named city, it shall mean the geographi-
cal boundaries of that city as shown on the census maps
for the United States decennial census of 1980 for the
State of Georgia; and
(3) Any part of the Carroll 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 accord-
ing to the United States decennial census of 1980 for
the State of Georgia.
Section 2. If this section becomes effective, the school su-
perintendent of the Carroll County school district in office on
the effective date of this section shall serve out the term of
office for which he was elected, said term to expire December
31, 1988. All future school superintendents shall be appointed
by the board of education of Carroll County for a term of office
to be contractually agreed upon by the board of education and
the superintendent at not more than four years. No such con-
tract shall prohibit the removal of the superintendent from office
prior to the expiration of his term in any manner provided by
law; and any such contract may provide an additional method
GEORGIA LAWS 1985 SESSION
3953
or methods whereby the superintendent may be removed from
office for cause prior to the expiration of his term.
Section 3. (a) Not less than 30 days nor more than 60
days after the effective date of this Act, the election superinten-
dent of Carroll County shall issue the call for an election for
the purpose of submitting Sections 1 and 2 of this Act to the
voters of the Carroll County school district. The superintendent
shall set the date of the election for a day not less than 30
nor more than 40 days after the date of 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 of the election in the official organ of Carroll
County. The ballot shall have printed thereon the following:
"Question No. 1
( ) YES Shall the provisions of the Act provid-
ing for the election of the Carroll
( ) NO County board of education be ap-
proved?
Question No. 2
( ) YES If the election of the Carroll County
board of education is approved, shall
( ) NO the provisions of the Act providing for
appointment of the Carroll County
school superintendent also be ap-
proved?
(b) All persons desiring to vote for approval on Question
No. 1 shall vote "Yes and those persons desiring to vote against
approval shall vote "No. If more than one-half of the votes
cast on Question No. 1 are for approval, then Section 1 of this
Act shall become effective immediately; otherwise said Section
1 of this Act shall be void.
(c) All persons desiring to vote for approval on Question
No. 2 shall vote "Yes and those persons desiring to vote against
approval shall vote "No. If more than one-half of the votes
cast on Question No. 1 are for approval and more than one-
half of the votes cast on Question No. 2 are also for approval,
3954 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
then Section 2 of this Act shall become effective immediately;
otherwise, if either Question No. 1 or Question No. 2 fails to
receive a majority of the votes cast for approval, Section 2 of
this Act shall be void.
(d) The expense of the election shall be borne by Carroll
County. The election superintendent of Carroll County shall
conduct the election and certify the results thereof to the Secre-
tary 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
1985 Session of the General Assembly of Georgia a bill to provide
for a referendum to change the method of selection of members
of the Carroll County School Board, to increase the number of
members of the Carroll County School Board, to provide for
districts from which said members would be elected, to deter-
mine the method of selection of the Superintendent of the Car-
roll County School system, and for other purposes.
This 15th day of February, 1985.
/s/ Charles A. Thomas, Jr.
/s/ Carolyn Lee
Affidavit.
Georgia, Carroll County.
To Whom It May Concern:
This is to certify that the legal notice attached hereto has
been published in the Daily Times Georgian, legal organ for
Carroll County. The following date, to-wit: February 16, 1985.
Sworn to on the 18th day
of February, 1985.
/s/ Stanley Parkman
Publisher
GEORGIA LAWS 1985 SESSION
3955
Sworn to and subscribed before me,
on the 18th day of February, 1985.
/s/ Martha Crowe
Notary Public.
(Seal).
Approved March 20, 1985.
PUTNAM COUNTY DEVELOPMENT AUTHORITY
LOCAL CONSTITUTIONAL AMENDMENT CONTINUED.
No. 158 (House Bill No. 720).
AN ACT
To continue in force and effect as a part of the Constitution
of the State of Georgia that constitutional amendment creating
the Putnam County Development Authority (Res. Act No. 278;
H.R. 735-1608; Ga. L. 1968, p. 1860); to provide the authority
for this Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. That constitutional amendment creating the
Putnam County Development Authority (Res. Act No. 278; H.R.
735-1608; Ga. L. 1968, p. 1860) shall not be repealed or deleted
on July 1, 1987, as a part of the Constitution of the State of
Georgia but is specifically continued in force and effect on and
after that date as a part of the Constitution of the State of
Georgia.
Section 2. This Act is passed pursuant to Article XI, Sec-
tion I, Paragraph IV of the Constitution of the State of Georgia
which authorizes the continuation of certain amendments to
the Constitution.
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
1985 session of the General Assembly of Georgia a bill to con-
tinue in force and effect as a part of the Constitution of the
State of Georgia that constitutional amendment creating the
Putnam County Development Authority (Res. Act No. 278;
H. R. 735-1608; Ga. L. 1968, p. 1860); to provide authority for
this Act; and for other purposes.
This 29th day of January, 1985.
Jesse Copelan, Jr.
State Representative,
District 106
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 Eatonton
Messenger which is the official organ of Putnam County, on
the following date: January 31, 1985.
/s/ Jesse Copelan, Jr.
Representative,
106th District
Sworn to and subscribed before me,
this 6th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 20, 1985.
GEORGIA LAWS 1985 SESSION
3957
VIDALIA DEVELOPMENT AUTHORITY LOCAL
CONSTITUTIONAL AMENDMENT CONTINUED.
No. 159 (House Bill No. 728).
AN ACT
To continue in force and effect as a part of the Constitution
of the State of Georgia that constitutional amendment which
was proposed by Resolution Act No. 84 of the 1956 General
Assembly and which was duly ratified at the 1956 general elec-
tion (Ga. L. 1956, p. 426) and which relates to creation of the
Vidalia Development Authority and the powers and administra-
tion of the authority; to provide the authority for this Act; to
repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. That constitutional amendment which was pro-
posed by Resolution Act No. 84 of the 1956 General Assembly
and which was duly ratified at the 1956 general election (Ga. L.
1956, p. 426) and which relates to creation of the Vidalia Devel-
opment Authority and the powers and administration of the
authority shall not be repealed or deleted on July 1, 1987, as
a part of the Constitution of the State of Georgia but is specifi-
cally continued in force and effect on and after that date as a
part of the Constitution of the State of Georgia.
Section 2. This Act is passed pursuant to Article XI, Sec-
tion I, Paragraph IV of the Constitution of the State of Georgia
which authorizes the continuation of certain amendments to
the Constitution.
Section 3. 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
1985 session of the General Assembly of Georgia, a bill to con-
tinue in force and effect as a part of the Constitution of the
3958 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
State of Georgia that Constitutional Ammendment which was
proposed by Resolution Act number 84 of the 1956, General
Assembly and which was duly ratified at the 1956 General Elec-
tion (Ga. L. 1956, p. 426) in which relates to creation of the
Vidalia Development Authority and the powers and administra-
tion of the Authority, and for other purposes.
This 28th day of January, 1985.
L. L. Pete Phillips
Representative,
120th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, L. L. Phillips, who, on oath,
deposes and says that he is Representative from the 120th Dis-
trict, and that the attached copy of Notice of Intention to Intro-
duce Local Legislation was published in the Lyons Progress
which is the official organ of Toombs County, on the following
date: January 31, 1985.
/s/ L. L. Phillips
Representative,
120th District
Sworn to and subscribed before me,
this 8th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 20, 1985.
GEORGIA LAWS 1985 SESSION
3959
MONTGOMERY COUNTY CLERK OF THE SUPERIOR
COURT PLACED ON ANNUAL SALARY.
No. 160 (House Bill No. 729).
AN ACT
To abolish the present method of compensating the clerk
of the Superior Court of Montgomery County, known as the
fee system; to provide in lieu thereof an annual salary pursuant
to general law; to provide that all fees, costs, or other emolu-
ments of said officer shall become the property of the county;
to provide for the collection of all such fees, costs, and emolu-
ments; 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 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 present method of compensating the clerk
of the Superior Court of Montgomery County, known as the
fee system, is abolished. The clerk of the superior court shall
receive an annual salary as prescribed by the applicable provi-
sions of Article 2 of Chapter 6 of Title 15 of the O.C.G.A., relating
to clerks of the superior courts, as such provisions are now or
hereafter amended.
Section 2. 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 al-
lowed 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 trea-
sury on or before the fifteenth 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 au-
3960 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
thority of the county a detailed, itemized statement of all such
funds received during the preceding month by such officer and
paid into the county treasury. The statement shall show the
respective amounts of money collected and the source thereof.
Section 3. The clerk of the superior court shall have the
authority to appoint such deputies, clerks, and assistants, and
other personnel as said officer shall deem necessary to discharge
the official duties of the clerks office efficiently and effectively.
The clerk shall, from time to time, recommend to the governing
authority of said county the number of such personnel needed
by the clerks office, together with the suggested compensation
to be paid each employee. However, it shall be within the sole
discretion of the governing authority of said county to fix the
compensation to be received by each employee in said office.
It shall be within the sole power and authority of the clerk of
the superior court, during said officers term of office, to desig-
nate and name the person or persons who shall be employed
as such deputies, clerks, and assistants and to remove or replace
any of such employees at will and within said officers sole discre-
tion.
Section 4. The necessary operating expenses of the clerk
of the superior courts office, expressly including the compensa-
tion of all personnel and employees, shall be paid from any
funds of the county available for such purposes. 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.
Section 5. This Act shall become effective on July 1,1985,
unless a vacancy occurs for any reason in the office of clerk of
the Superior Court of Montgomery County before July 1, 1985,
and, in that event, this Act shall become effective on the date
of such vacancy.
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 1985 session of the General Assembly of Georgia, a Bill
GEORGIA LAWS 1985 SESSION
3961
to provide a salary for the Clerk of Superior Court of Montgom-
ery County in lieu of fee system of compensation; and for other
purposes.
This 18th day of January, 1985.
Robert B. Hilton
Chairman, Montgomery
County Commissioners
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 Dis-
trict, and that the attached copy of Notice of Intention to Intro-
duce Local Legislation was published in the Montgomery Moni-
tor which is the official organ of Montgomery County, on the
following date: January 23, 1985.
/s/ L. L. Phillips
Representative,
120th District
Sworn to and subscribed before me,
this 8th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 20, 1985.
3962 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
TOOMBS COUNTY DEVELOPMENT AUTHORITY LOCAL
CONSTITUTIONAL AMENDMENT CONTINUED.
No. 161 (House Bill No. 730).
AN ACT
To continue in force and effect as a part of the Constitution
of the State of Georgia that constitutional amendment which
was proposed by Resolution Act No. 41 of the 1966 General
Assembly and which was duly ratified at the 1966 general elec-
tion (Ga. L. 1966, p. 787) and which relates to creation of the
Toombs County Development Authority and the powers and
administration of the authority; to provide the authority for
this Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. That constitutional amendment which was pro-
posed by Resolution Act No. 41 of the 1966 General Assembly
and which was duly ratified at the 1966 general election (Ga. L.
1966, p. 787) and which relates to creation of the Toombs County
Development Authority and the powers and administration of
the authority shall not be repealed or deleted on July fj 1987,
as a part of the Constitution of the State of Georgia but is specifi-
cally continued in force and effect on and after that date as a
part of the Constitution of the State of Georgia.
Section 2. This Act is passed pursuant to Article XI, Sec-
tion I, Paragraph IV of the Constitution of the State of Georgia
which authorizes the continuation of certain amendments to
the 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 regular
1985 session of the General Assembly of Georgia a bill to con-
tinue in force and effect as a part of the Constitution of the
GEORGIA LAWS 1985 SESSION
3963
State of Georgia that Constitutional amendment which was
passed by General Assembly and relates to creation of the
Toombs County Development Authority and the powers and
administration of the authority; and for other purposes.
This 28th day of January, 1985.
Toombs County
Commissioners
Mell Taylor, Chairman
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, L. L. Phillips, who, on oath,
deposes and says that he is Representative from the 120th Dis-
trict, and that the attached copy of Notice of Intention to Intro-
duce Local Legislation was published in the Lyons Progress
which is the official organ of Toombs County, on the following
date: January 31, 1985.
/s/ L. L. Phillips
Representative,
120th District
Sworn to and subscribed before me,
this 8th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 20, 1985.
3964 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
MONTGOMERY COUNTY DEVELOPMENT AUTHORITY
LOCAL CONSTITUTIONAL AMENDMENT CONTINUED.
No. 162 (House Bill No. 731).
AN ACT
To continue in force and effect as a part of the Constitution
of the State of Georgia that constitutional amendment which
was proposed by Resolution Act No. 76 of the 1966 General
Assembly and which was duly ratified at the 1966 general elec-
tion (Ga. L. 1966, p. 899) and which relates to creation of the
Montgomery County Development Authority and the powers
and administration of the authority; to provide the authority
for this Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. That constitutional amendment which was pro-
posed by Resolution Act No. 76 of the 1966 General Assembly
and which was duly ratified at the 1966 general election (Ga.
L. 1966, p. 899) and which relates to creation of the Montgomery
County Development Authority and the powers and administra-
tion of the authority shall not be repealed or deleted on July
1, 1987, as a part of the Constitution of the State of Georgia
but is specifically continued in force and effect on and after
that date as a part of the Constitution of the State of Georgia.
Section 2. This Act is passed pursuant to Article XI, Sec-
tion I, Paragraph IV of the Constitution of the State of Georgia
which authorizes the continuation of certain amendments to
the 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 regular
1985 session of the General Assembly of Georgia a bill to con-
tinue in force and effect as a part of the Constitution of the
GEORGIA LAWS 1985 SESSION
3965
State of Georgia that constitutional amendment which was pro-
posed by Resolution Act No. 76 of the 1966 General Assembly
and which was duly ratified at the 1966 general election (Ga.
L. 1966, p. 899) and which relates to creation of the Montgomery
County Development Authority and the powers and administra-
tion of the authority; and for other purposes.
This 16 day of January, 1985.
Rep. L. L. "Pete Phillips
Representative,
Dist. 120
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 Dis-
trict, and that the attached copy of Notice of Intention to Intro-
duce Local Legislation was published in the Montgomery Moni-
tor which is the official organ of Montgomery County, on the
following date: January 30, 1985.
/s/ L. L. Phillips
Representative,
120th District
Sworn to and subscribed before me,
this 8th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 20, 1985.
3966 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
LANIER COUNTY BOARD OF EDUCATION; ELECTIONS;
TERMS; REFERENDUM.
No. 163 (House Bill No. 733).
AN ACT
To amend an Act creating a new board of education of Lanier
County, approved March 13, 1970 (Ga. L. 1970, p. 2709), so as
to change the provisions relating to the election of members
of the board of education; to provide for education districts; to
provide for the manner of electing members of the board; to
provide for terms of office; to change the provisions relating
to the chairman; to provide for other officers; to change the
provisions relating to the filling of vacancies occurring on the
board; to provide for a referendum; to repeal conflicting laws;
and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act creating a new board of education of
Lanier County, approved March 13, 1970 (Ga. L. 1970, p. 2709),
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) For the purpose of electing members of
the board of education of Lanier County, Lanier County shall
be divided into four education districts as follows:
Education District No. 1
Lanier
Trflct 9901
Blocks 237, 238, 241 through 243,
261 through 267, 273 through
279, 283 through 296, and 299
Blocks 301 through 308, 333, and
334
That part of Block 394 north of
Darsey Mill Branch
Block 395
GEORGIA LAWS 1985 SESSION
3967
Education District No. 2
Lanier
Tract 9901
Blocks 120 through 137, 151 through
163, 174 through 187, and 192
through 199
Blocks 201 through 206, 209 through
213, 219, 231 through 233, and
297
Blocks 392 and 393
Education District No. 3
Lanier
Tract 9901
Blocks 207, 208, 214 through 217,
220 through 230, 235, 236, 244
through 260, 268 through 272,
280 through 282, and 298
Blocks 335 through 341, 347
through 364, and 368 through 372
That part of Block 394 south of
Darsey Mill Branch
Education District No. 4
Lanier
Tract 9901
Blocks 101 through 119, 138 through
150, 164 through 173, and 188
through 191
Blocks 234, 240, and 293
Blocks 309 through 332, 342 through
346, 365 through 367, 373 through
390, and 396
For the purposes of this section, the term '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.
In the event any portion of Lanier County is not included
in any of the above-described education districts, then such
3968 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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.
(b) Except for the chairman and the members of the
board serving prior to January 1, 1987, the members of the
board of education shall be residents of the education dis-
tricts they represent and shall be elected by a majority of
the qualified electors voting within their respective educa-
tion districts. Except as otherwise provided in subsection
(e) of this section with respect to the initial chairman, the
chairman shall be a resident of Lanier County and shall
be elected by a majority of the qualified voters of the entire
county.
(c) In the event that any member elected from a district
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 provided in Section 3 of this
Act. In all elections conducted pursuant to this Act, each
candidate shall designate, at the time of qualifying, the dis-
trict or chairman post for 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.
(d) (1) The present members of the board of education
of Lanier County elected from Posts 3, 4, and 5 at the
1982 general election 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 which expire De-
cember 31, 1986.
GEORGIA LAWS 1985 SESSION
3969
(2) The members elected from Education Districts
No. 1, No. 3, and No. 4 shall be elected at the general
election of 1986 and shall take office on January 1,1987,
for a term of office of four years and until their successors
are elected and qualified.
(e) (1) The current member who is a resident of Educa-
tion District No. 2, Mr. Jerry Smith, and any successor
filling a vacancy created by such member prior to the
expiration of his term of office shall be the designated
member from Education District No. 2 and shall serve
the remainder of his term which expires December 31,
1988. The successor to such member shall be elected at
the general election of 1988 and shall take office on Janu-
ary 1, 1989, for a term of four years and until his succes-
sor is elected and qualified.
(2) The current member, Mr. Larry Lee, or any per-
son filling a vacancy created by such member, shall be
designated as the member from the county at large and
shall serve as chairman of the board for the remainder
of his term of office. Such member 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 succes-
sor to such member shall be elected at the general elec-
tion of 1988 and shall take office on January 1, 1989,
for a term of four years and until his successor is elected
and qualified.
(f) Successors to the members elected pursuant to sub-
sections (d) and (e) of 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 quali-
fied.
Section 2. Said Act is further amended by striking Section
3 in its entirety and inserting in lieu thereof a new Section 3
to read as follows:
"Section 3. (a) In the event a vacancy occurs on the board
for any reason other than the expiration of the term of office,
3970 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
the remaining members of said board shall elect a person
who shall serve for the unexpired term. Upon a vacancy
occurring in the office of a member elected from an education
district, such successor to fill the vacancy shall be a resident
of the district in which the vacancy occurred.
(b) At the first meeting of the board, which is conducted
in January of each year, the board shall elect one of its
members as vice-chairman and such other officers as said
board shall deem necessary or desirable. Three members
of the board shall constitute a quorum for the transaction
of any business which may properly come before the board.
All members of the board shall receive the compensation
provided by law for members of county boards of education.
Section 3. Not less than ten 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 Lanier County to issue the call for an election
for the purpose of submitting this Act to the electors of Lanier
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 preced-
ing the date thereof in the official organ of Lanier County. The
ballot shall have written or printed thereon the words:
"( ) YES Shall the Act establishing four educa-
tion districts for Lanier County and
( ) NO providing for election of one member
of the board of education from and
by the voters of each district and one
member elected from the county at
large who shall be the chairman 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 1985 SESSION
3971
The expense of such election shall be borne by Lanier
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 Proposed Legislation.
Notice is hereby given that legislation will be introduced
in the 1985 session of the Georgia General Assembly to change
the composition of the Lanier County Board of Education.
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Robert L. Patten, who,
on oath, deposes and says that he is Representative from the
149th District, and that the attached copy of Notice of Intention
to Introduce Local Legislation was published in the Lanier
County News which is the official organ of Lanier County, on
the following date: January 17, 1985.
/s/ Robert L. Patten
Representative,
149th District
Sworn to and subscribed before me,
this 8th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 20, 1985.
3972 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CLINCH COUNTY BOARD OF COMMISSIONERS;
CHAIRMAN; SALARY.
No. 165 (House Bill No. 739).
AN ACT
To amend an Act creating a board of commissioners of Clinch
County, approved March 9, 1933 (Ga. L. 1933, p. 456), as
amended, particularly by an Act approved March 18, 1980 (Ga.
L. 1980, p. 3318), so as to change the limits within which the
board of commissioners of Clinch County may fix the salary
of the chairman; to repeal conflicting laws; and for other pur-
poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act creating a board of commissioners of
Clinch County, approved March 9, 1933 (Ga. L. 1933, p. 456),
as amended, particularly by an Act approved March 18, 1980
(Ga. L. 1980, p. 3318), is amended by striking subsection (a) of
Section 9 in its entirety and substituting in lieu thereof a new
subsection (a) to read as follows:
"(a) The chairman of the board shall receive an annual
salary of not less than $16,000.00 and not more than
$20,000.00, the exact amount to be determined by a majority
vote of the board of commissioners of Clinch County. Action
affecting the salary of the chairman of the board shall be
advertised in the legal organ of Clinch County prior to any
consideration or vote by the board of commissioners of Clinch
County. Changes in the salary of the chairman shall become
effective immediately after being properly advertised and
voted upon by a majority of the board of commissioners of
Clinch County; provided, however, that if the chairman does
not devote his entire time to the discharge of his duties as
chairman of the board, then he shall receive only the salary
provided herein for other members of the board.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
GEORGIA LAWS 1985 SESSION
3973
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular
1985 session of the General Assembly of Georgia a bill to amend
an Act creating a board of Commissioners of Clinch County,
approved March 9,1933 (Ga. L. 1933, p. 456), as amended, partic-
ularly by an Act approved March 18,1980 (Ga. L. 1980, p. 3318),
so as to change the limits within which the board of commission-
ers of Clinch County may fix the salary of Chairman of the
board; and for other purposes.
This 24th day of January, 1985.
Tom Crosby, Jr.
Representative,
150th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Tom Crosby, who, on oath,
deposes and says that he is Representative from the 150th Dis-
trict, and that the attached copy of Notice of Intention to Intro-
duce Local Legislation was published in the Clinch County News
which is the official organ of Clinch County, on the following
date: January 24, 1985.
/s/ Tom Crosby
Representative,
150th District
Sworn to and subscribed before me,
this 7th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 20, 1985.
3974 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CLINCH COUNTY BOARD OF COMMISSIONERS;
SALARIES.
No. 166 (House Bill No. 740).
AN ACT
To amend an Act creating a board of commissioners of Clinch
County, approved March 9, 1933 (Ga. L. 1933, p. 456), as
amended, particularly by an Act approved March 18, 1980 (Ga.
L. 1980, p. 3318), so as to change the limits within which the
board of commissioners of Clinch County may fix the salaries
of the members of the board other than 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
Clinch County, approved March 9, 1933 (Ga. L. 1933, p. 456),
as amended, particularly by an Act approved March 18, 1980
(Ga. L. 1980, p. 3318), is amended by striking subsection (b) of
Section 9 in its entirety and substituting in lieu thereof a new
subsection (b) to read as follows:
"(b) The other members of the board shall each receive
an annual salary of not less than $2,100.00 and not more
than $2,700.00, the exact amount to be determined by a
majority vote of the board of commissioners.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular
1985 session of the General Assembly of Georgia a bill to amend
an Act creating a board of Commissioners of Clinch County,
approved March 9,1933 (Ga. L. 1933, p. 456), as amended, partic-
ularly by an Act approved March 18,1980 (Ga. L. 1980, p. 3318),
so as to change the limits within which the board of commission-
ers of Clinch County may fix the salaries of the members of
the board other than the chairman; and for other purposes.
GEORGIA LAWS 1985 SESSION
3975
This 24th day of January, 1985.
Hon. Tom Crosby, Jr.
Representative,
150th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Tom Crosby, who, on oath,
deposes and says that he is Representative from the 150th Dis-
trict, and that the attached copy of Notice of Intention to Intro-
duce Local Legislation was published in the Clinch County News
which is the official organ of Clinch County, on the following
date: January 24, 1985.
/s/ Tom Crosby
Representative,
150th District
Sworn to and subscribed before me,
this 4th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 20, 1985.
3976 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CLINCH COUNTY TAX COMMISSIONER; SALARY.
No. 167 (House Bill No. 743).
AN ACT
To amend an Act consolidating the offices of tax receiver
and tax collector of Clinch County into the office of tax commis-
sioner of Clinch County, approved April 10, 1971 (Ga. L. 1971,
p. 3759), as amended by an Act approved March 23, 1977 (Ga.
L. 1977, p. 3466) and an Act approved March 18, 1980 (Ga. L.
1980, p. 3316), so as to authorize the board of commissioners
of Clinch County to fix the salary of the tax commissioner within
certain limits; 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 Clinch County into the office of tax commis-
sioner of Clinch County, approved April 10, 1971 (Ga. L. 1971,
p. 3759), as amended by an Act approved March 23, 1977 (Ga.
L. 1977, p. 3466) and an Act approved March 18, 1980 (Ga. L.
1980, p. 3316), is amended by striking Section 3 in its entirety
and substituting in lieu thereof a new Section 3 to read as fol-
lows:
"Section 3. The tax commissioner shall receive an annual
salary of not less than $16,000.00 and not more than
$20,000.00, the exact amount to be determined by a majority
vote of the board of commissioners of Clinch County. Said
salary shall be paid monthly out of the general funds of
the 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
1985 session of the General Assembly of Georgia a bill to amend
an Act consolidating the offices of tax receiver and tax collector
GEORGIA LAWS 1985 SESSION
3977
of Clinch County into the office of tax commissioner of Clinch
County, approved April 10, 1971 (Ga. L. 1971, p. 3759), as
amended by an Act approved March 23, 1977 (Ga. L. 1977, p.
3466) and an Act approved March 18, 1980 (Ga. L. 1980, p.
3316), so as to authorize the board of commissioners of Clinch
County to fix the salary of the tax commissioner within certain
limits; and for other purposes.
This 24th day of January, 1985.
Honorable Tom Crosby, Jr.
Representative,
150th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Tom Crosby, who, on oath,
deposes and says that he is Representative from the 150th Dis-
trict, and that the attached copy of Notice of Intention to Intro-
duce Local Legislation was published in the Clinch County News
which is the official organ of Clinch County, on the following
date: January 24, 1985.
/s/ Tom Crosby
Representative,
150th District
Sworn to and subscribed before me,
this 4th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 20, 1985.
3978 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
STEWART COUNTY SHERIFF; COMPENSATION.
No. 168 (House Bill No. 750).
AN ACT
To amend an Act abolishing the method of compensating
the sheriff of Stewart County known as the fee system and pro-
viding in lieu thereof an annual salary, approved February 28,
1966 (Ga. L. 1966, p. 2573), as amended, particularly by an Act
approved March 21, 1968 (Ga. L. 1968, p. 2509), so as to change
provisions relating to 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 abolishing the method of compensating
the sheriff of Stewart County known as the fee system and pro-
viding in lieu thereof an annual salary, approved February 28,
1966 (Ga. L. 1966, p. 2573), as amended, particularly by an Act
approved March 21, 1968 (Ga. L. 1968, p. 2509), 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 sheriff of Stewart County shall re-
ceive the annual salary as provided in Code Section 15-16-
20 of the O.C.G.A.
(b) In the event the general law cited in subsection (a)
of this section is amended, repealed, or replaced, it is the
intention of this section that the provisions of this section
remain in effect according to such replacement laws. This
section shall not be construed to limit the salary of the sheriff
if he is entitled under other laws to amounts in addition
to a minimum salary because he is performing other duties
or functions as prescribed by such other laws.
(c) The minimum salary to be paid under subsection
(a) of this section shall be determined by the population of
Stewart County according to the United States decennial
census of 1970 or any future such census; provided, however,
GEORGIA LAWS 1985 SESSION
3979
that, if the population of the county according to the United
States decennial census of 1980 or any future such census
is less than its population according to the United States
decennial census of 1970, the minimum salary to be paid
shall be determined by using the 1970 population figures.
(d) The sheriff shall receive the salary amounts in equal
monthly installments from the funds of Stewart County.
(e) The county shall be responsible for furnishing, main-
taining, and operating an automobile for the sheriff. The
sheriff shall also be reimbursed for his actual expenses while
out of the county on official business. The sheriff shall receive
county funds to feed prisoners in the county jail.
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
1985 session of the General Assembly of Georgia a bill to amend
an Act abolishing the method of compensating the sheriff of
Stewart County known as the fee system and providing in lieu
thereof an annual salary, approved February 28, 1966 (Ga. L.
1966, p. 2573), as amended, particularly by an Act approved
March 21, 1968 (Ga. L. 1968, p. 2509), so as to change provisions
relating to compensation of the sheriff; and for other purposes.
This 4th day of February, 1985.
Gerald Greene
Georgia, Fulton County.
Personally appeared before me, the undersigned author-
ity, 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: February 7, 1985.
/s/ Gerald E. Greene
Representative,
130th District
3980 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 11th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 20, 1985.
STEWART COUNTY TAX COMMISSIONER;
COMPENSATION.
No. 169 (House Bill No. 752).
AN ACT
To amend an Act increasing the compensation of the tax
commissioner of Stewart County, approved April 11, 1968 (Ga.
L. 1968, p. 3618), as amended, particularly by an Act approved
March 31, 1976 (Ga. L. 1976, p. 3698), so as to change provisions
relating to the compensation of the tax commissioner; to repeal
conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act increasing the compensation of the tax
commissioner of Stewart County, approved April 11, 1968 (Ga.
L. 1968, p. 3618), as amended, particularly by an Act approved
March 31, 1976 (Ga. L. 1976, p. 3698), 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) The tax commissioner of Stewart
County shall receive the annual salary as provided in Code
Section 48-5-183 of the O.C.G.A.
GEORGIA LAWS 1985 SESSION
3981
(b) In the event the general law cited in subsection (a)
of this section is amended, repealed, or replaced, it is the
intention of this section that the provisions of this section
remain in effect according to such replacement laws. This
section shall not be construed to limit the salary of the tax
commissioner if he is entitled under other laws to amounts
in addition to a minimum salary because he is performing
other duties or functions as prescribed by such other laws.
(c) The minimum salary to be paid under subsection
(a) of this section shall be determined by the population of
Stewart County according to the United States decennial
census of 1970 or any future such census; provided, however,
that if the population of the county according to the United
States decennial census of 1980 or any future such census
is less than its population according to the United States
decennial census of 1970, the minimum salary to be paid
shall be determined by using the 1970 population figures.
(d) The tax commissioner shall receive the salary
amounts in equal monthly installments from the funds of
Stewart County.
Section 2. Said Act is further amended by striking in its en-
tirety Section 3 and inserting in its place a new Section 3 to
read as follows:
"Section 3. It is specifically provided that the salary
provided in Section 1 shall be in lieu of all fees, commissions,
costs, fines, emoluments and perquisities of whatever kind,
including those commissions allowed by Code Sections 40-
2-30 and 48-5-180 of the O.C.G.A.
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
1985 session of the General Assembly of Georgia a bill to amend
an Act increasing the compensation of the tax commissioner
of Stewart County, approved April 11, 1968 (Ga. L. 1968, p.
3618), as amended, particularly by an Act approved March 31,
3982 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
1976 (Ga. L. 1976, p. 3698), so as to change provisions relating
to the compensation of the tax commissioner; and for other pur-
poses.
This 4th day of February, 1985.
Gerald Greene
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: February 7, 1985.
/s/ Gerald E. Greene
Representative,
130th District
Sworn to and subscribed before me,
this 11th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 20, 1985.
GEORGIA LAWS 1985 SESSION
3983
TREUTLEN COUNTY DEVELOPMENT AUTHORITY
LOCAL CONSTITUTIONAL AMENDMENT CONTINUED.
No. 170 (House Bill No. 756).
AN ACT
To continue in force and effect as a part of the Constitution
of the State of Georgia that constitutional amendment which
was proposed by Resolution Act No. 55 of the 1966 General
Assembly and which was duly ratified at the 1966 general elec-
tion (Ga. L. 1966, p. 838) and which relates to creation of the
Treutlen County Development Authority and the powers and
administration of the authority; to provide the authority for
this Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. That constitutional amendment which was pro-
posed by Resolution Act No. 55 of the 1966 General Assembly
and which was duly ratified at the 1966 general election (Ga. L.
1966, p. 838) and which relates to creation of the Treutlen
County Development Authority and the powers and administra-
tion of the authority shall not be repealed or deleted on July
1, 1987, as a part of the Constitution of the State of Georgia
but is specifically continued in force and effect on and after
that date as a part of the Constitution of the State of Georgia.
Section 2. This Act is passed pursuant to Article XI, Sec-
tion I, Paragraph IV of the Constitution of the State of Georgia
which authorizes the continuation of certain amendments to
the 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 regular
1985 session of the General Assembly of Georgia, a bill to con-
tinue in force and effect as a part of the Constitution of the
3984 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
State of Georgia, that constitutional amendment which relates
to the creation of the Treutlen County Development Authority
and the powers and administration of the Authority and for
other purposes.
This 4th day of February, 1985.
L. L. (Pete) Phillips
Representative,
120th District
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 Soperton
News which is the official organ of Treutlen County, on the
following date: February 6, 1985.
/s/ L. L. "Pete Phillips
Representative,
120th District
Sworn to and subscribed before me,
this 11th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 20, 1985.
GEORGIA LAWS 1985 SESSION
3985
WALTON COUNTY BOARD OF COMMISSIONERS;
COMPENSATION.
No. 171 (House Bill No. 759).
AN ACT
To amend an Act creating a board of commissioners of Wal-
ton County, approved August 1, 1929 (Ga. L. 1929, p. 747), as
amended, particularly by an Act approved April 10, 1971 (Ga.
L. 1971, p. 4052), so as to change the compensation of the mem-
bers of the board; to provide an effective date; to repeal conflict-
ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act creating a board of commissioners of
Walton County, approved August 1, 1929 (Ga. L. 1929, p. 747),
as amended, particularly by an Act approved April 10, 1971
(Ga. L. 1971, p. 4052), is amended by striking subsection (b) of
Section 14, which reads as follows:
"(b) The four other members of said board shall receive
as their compensation the sum of $200.00 per month, payable
out of the county funds on the warrant of the chairman of
said board signed also by the clerk of said board.,
and inserting in lieu thereof a new subsection (b) of Section
14 to read as follows:
"(b) The four other members of said board shall receive
as their compensation the sum of $400.00 per month, payable
out of the county funds on the warrant of the chairman of
said board signed also by the clerk of said board. In addition
thereto each of the district members of the board shall re-
ceive an expense allowance of $50.00 per month. No district
member of the board shall be entitled to receive any other
expense allowance 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 of the
county; and then they shall be paid their actual expenses
3986 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
after having rendered sworn itemized statements for the
expenses incurred on such trip. The compensation and ex-
penses authorized by this section shall be paid from the funds
of Walton 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
1985 session of the General Assembly of Georgia a bill to amend
an Act creating a Board of Commissioners of Walton County,
approved August 1, 1929 (Ga. L. 1929, p. 747), as amended, so
as to change the compensation of the members of the board;
and for other purposes.
This 30th day of January, 1985.
Honorable Neal Jackson
Representative,
65th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Neal Jackson, who, on oath,
deposes and says that he is Representative from the 65th Dis-
trict, and that the attached copy of Notice of Intention to Intro-
duce Local Legislation was published in the Walton Tribune
which is the official organ of Walton County, on the following
date: February 5, 1985.
/s/ Neal Jackson
Representative,
65th District
GEORGIA LAWS 1985 SESSION
3987
Sworn to and subscribed before me,
this 7th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 20, 1985.
CARROLLTON PAYROLL DEVELOPMENT AUTHORITY
LOCAL CONSTITUTIONAL AMENDMENT CONTINUED.
No. 172 (House Bill No. 760).
AN ACT
To continue in force and effect as a part of the Constitution
of the State of Georgia that constitutional amendment which
was proposed by Resolution Act No. 236 (House Resolution No.
647-1221) of the 1962 General Assembly (Ga. L. 1962, p. 1135),
and which was duly ratified at the 1962 general election and
which relates to the creation of the Carrollton Payroll Develop-
ment Authority as a constitutional body and a public corpora-
tion; to provide the authority for this Act; to repeal conflicting
laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. That constitutional amendment which was pro-
posed by Resolution Act No. 236 (House Resolution No. 647-
1221) of the 1962 General Assembly (Ga. L. 1962, p. 1135), and
which was duly ratified at the 1962 general election and which
relates to the creation of the Carrollton Payroll Development
Authority as a constitutional body and a public corporation shall
not be repealed or deleted on July 1, 1987, as a part of the
Constitution of the State of Georgia but is specifically continued
3988 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
in force and effect on and after that date as a part of the Constitu-
tion of the State of Georgia.
Section 2. This Act is passed pursuant to Article XI, Sec-
tion I, Paragraph IV of the Constitution of the State of Georgia
which authorizes the continuation of certain amendments to
the 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 regular
1985 session of the General Assembly of Georgia a bill to con-
tinue in force and effect as a part of the Constitution of Georgia
that constitutional amendment which was proposed by Resolu-
tion Act No. 236 (House Resolution No. 647-1221) of the 1962
General Assembly (Ga. L. 1962, p. 1135), and which was duly
ratified at the 1962 general election and which relates to the
creation of the Carrollton Payroll Development Authority as
a constitutional body and a public corporation; and for other
purposes.
This 17th day of January, 1985.
Charles A. Thomas, Jr.
Representative,
69th District
Affidavit
Georgia, Carroll County.
To Whom It May Concern:
This is to certify that the legal notice attached hereto has
been published in the Daily-Times Georgian legal organ for Car-
roll County. The following dates, to-wit: Jan. 24
Sworn to on the 6th day
of February, 1985.
/s/ Stanley Parkman
Publisher
GEORGIA LAWS 1985 SESSION
3989
Sworn to and subscribed before me,
on the 6th day of February, 1985.
/s/ Martha Crowe
Notary Public.
(Seal).
Approved March 20, 1985.
EARLY COUNTY CLERK OF THE SUPERIOR COURT
PLACED ON ANNUAL SALARY.
No. 173 (House Bill No. 778).
AN ACT
To abolish the present mode of compensating the clerk of
the Superior Court of Early 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 state-
ments; to provide for the payment of the operating expenses
of said office; to provide for the employment of necessary person-
nel 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 mode of compensating the clerk
of the Superior Court of Early County, known as the fee system,
is abolished and, in lieu thereof, an annual salary for such officer
is prescribed as hereinafter provided.
3990 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2. The annual salary of the clerk of the Superior
Court of Early County shall be determined and fixed by the
governing authority of Early County. The annual salary of the
clerk of the superior court shall not be less than the minimum
salary prescribed by general law. The annual salary of the clerk
of the superior court shall be payable in equal monthly install-
ments from county funds.
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 al-
lowed him as compensation for services in any capacity, and
shall receive and hold the same in trust for said county as public
monies, and shall pay the same into the county treasury on
or before the fifteenth day of each month next following the
month in which they were collected or received. At the time
of each such monthly payment into the county treasury, the
clerk of the superior court shall furnish the governing authority
of the county a detailed, itemized statement, under oath, of
all such funds received during the preceding month by such
officer and paid into the county treasury. The statement shall
show the respective amounts of money collected and the source
thereof.
Section 4. The clerk of the superior court shall have the
authority to appoint such deputies, clerks, assistants, and other
personnel as he shall deem necessary to discharge the official
duties of his office efficiently and effectively. He shall, from time
to time, recommend to the governing authority of said county
the number of such personnel needed by his office, together
with the suggested compensation to be paid each employee. How-
ever, it shall be within the sole discretion of the governing au-
thority of said county to fix the compensation to be received
by each employee in said office. It shall be within the sole power
and authority of the clerk of the superior court, during his term
of office, to designate and name the person or persons who shall
be employed as such deputies, clerks, assistants, or other employ-
ees, and to prescribe their duties and assignments, and to remove
or replace any of such employees at will and within his sole
discretion.
Section 5. The necessary operating expenses of the clerk
of the superior courts office, expressly including the compensa-
GEORGIA LAWS 1985 SESSION
3991
tion of all personnel and employees, shall be paid from any
funds of the county available for such purpose. All supplies,
materials, furnishings, furniture, utilities, uniforms, vehicles,
and equipment and the repair, replacement, and maintenance
thereof, as may be reasonably required in discharging the official
duties of said office, shall be furnished by the county and shall
be paid from any funds of the county available for such purpose.
The determination of such requirements shall be at the sole
discretion of the governing authority of Early County.
Section 6. This Act shall become effective on July 1, 1985.
Section 7. All laws and parts of laws in conflict with this
Act are repealed.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular
1985 session of the General Assembly of Georgia a bill to abolish
the present mode of compensating the clerk of the Superior
Court of Early County and to provide in lieu thereof an annual
salary; to provide that all fees, costs, and other emoluments
of said officer shall become the property of the county; to provide
for the collection of such fees, costs, and emoluments; to provide
for operating expenses and employment of personnel and the
compensation thereof; to provide for other matters relative to
the foregoing; to provide an effective date; and for other pur-
poses.
This 23rd day of January, 1985.
Ralph J. Balkcom
Representative,
140th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Ralph J. Balkcom, who,
on oath, deposes and says that he is Representative from the
140th District, and that the attached copy of Notice of Intention
to Introduce Local Legislation was published in the Early
County News which is the official organ of Early County, on
the following date: January 31, 1985.
/s/ Ralph J. Balkcom
Representative,
140th District
3992 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 8th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 20, 1985.
FAYETTE COUNTY SCHOOL DISTRICT AD VALOREM
TAX EXEMPTION FOR ELDERLY AND DISABLED
RESIDENTS; REFERENDUM.
No. 174 (House Bill No. 780).
AN ACT
To grant exemptions from Fayette County School District
ad valorem taxation to certain elderly and disabled residents
of Fayette County; to provide the amount of and qualifications
for said exemptions; to provide for all matters related to the
foregoing; to provide for a special election for the purpose of
approval or disapproval of the foregoing by the voters of the
Fayette County School District; to repeal conflicting laws; and
for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section S (a) The homestead of each resident of Fayette
County who is totally disabled or 65 years of age or older and
who received less than $15,000.00 of income during the preced-
ing calendar year shall be entirely exempt from Fayette County
School District taxation. The homestead of each other resident
of Fayette County who is totally disabled or 65 years of age
or older shall be exempt from Fayette County School District
taxation in the amount of 50 percent of the assessed value of
the homestead.
GEORGIA LAWS 1985 SESSION
3993
(b) For purposes of this Act the income of a person shall
include the net taxable income of the person for Georgia income
tax purposes plus the net taxable income for Georgia income
tax purposes of each member of the persons family who resides
in the homestead.
(c) For purposes of this Act a person is totally disabled if
the person has a medically demonstrable condition which ren-
ders the person wholly and permanently unable to pursue any
gainful employment. The tax officials of Fayette County shall
require appropriate proof of such disability, including if neces-
sary the affidavits of not more than two licensed physicians
as to the persons disability.
(d) The exemptions granted by this Act shall apply only
to ad valorem taxes levied for the support of the Fayette County
School District, including taxes levied to retire bonded indebted-
ness of the school district.
(e) The exemptions granted by this Act shall apply to taxes
for the year 1986 and future years.
(f) The exemptions granted by this Act shall be in lieu of
and not in addition to any other exemption from ad valorem
taxes levied for the support of the Fayette County School Dis-
trict.
(g) The exemptions granted by this Act shall be adminis-
tered and granted in the same manner as the exemption granted
pursuant to Code Section 48-5-52; and except as expressly pro-
vided otherwise in this Act all provisions of general state law
which apply to said exemption shall apply to the exemptions
granted by this Act.
Section 2. Not less than 30 days nor more than 60 days
after the effective date of this Act, the election superintendent
of Fayette County shall issue the call for an election for the
purpose of submitting this Act to the voters of the Fayette
County School District. The superintendent shall set the date
of the election for a day not less than 30 nor more than 60
days after the date of 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 of
the election in the official organ of Fayette County. The ballot
shall have printed thereon the following:
3994 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
"( ) YES Shall the Act be approved which
provides that the homestead of
( ) NO each resident of Fayette County who
is totally disabled or 65 years of age
or older and who has less than
$15,000.00 per year of specified in-
come shall be entirely exempt from
Fayette County School District taxa-
tion and which provides that the
homestead of each other resident of
Fayette County who is totally disa-
bled or 65 years of age or older shall
be exempt from Fayette County
School District taxation in the
amount of 50 percent of the assessed
value of the homestead?
All persons desiring to vote for approval shall vote "Yes
and those persons desiring to vote against approval shall vote
"No. If more than one-half of the votes cast are for approval,
then Section 1 of this Act shall become effective immediately;
otherwise said Section 1 of this Act shall be void.
The expense of the election shall be borne by Fayette County.
The election superintendent shall hold and conduct the election
and 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
1985 session of the General Assembly of Georgia a bill to grant
exemptions from Fayette County School District ad valorem
taxation to certain elderly and disabled residents of Fayette
County; to provide for related matters; and for other purposes.
This 1 day of February, 1985.
Paul W. Heard,
State Representative
Fayette County
GEORGIA LAWS 1985 SESSION
3995
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: February 6, 1985.
/s/ Paul W. Heard, Jr.
Representative,
43rd District
Sworn to and subscribed before me,
this 8th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 20, 1985.
BALDWIN COUNTY TAX COMMISSIONER;
COMPENSATION.
No. 175 (Senate Bill No. 41).
AN ACT
To amend an Act consolidating the offices of tax receiver
and tax collector of Baldwin County into the office of tax commis-
sioner of Baldwin County, approved March 21,1975 (Ga. L. 1975,
p. 2774), as amended, so as to change the provisions relating
to the compensation of the tax commissioner; to provide an effec-
tive date; to repeal conflicting laws; and for other purposes.
3996 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act consolidating the offices of tax receiver
and tax collector of Baldwin County into the office of tax commis-
sioner of Baldwin County, approved March 21,1975 (Ga. L. 1975,
p. 2774), as amended, is amended by striking Section 5 in its
entirety and inserting in lieu thereof a new Section 5 to read
as follows:
"Section 5. The tax commissioner of Baldwin County
shall receive an annual salary of $29,500.00, payable in equal
monthly installments from the funds of Baldwin County.
Section 2. This Act shall become effective July 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
1985 session of the General Assembly of Georgia a bill to amend
an Act consolidating the offices of tax receiver and tax collector
of Baldwin County into the office of tax commissioner of Baldwin
County, approved March 21, 1975 (Ga. L. 1975, p. 2774), as
amended; and for other purposes.
This 17th day of December, 1984.
Culver Kidd
Senator,
25th District
Bobby Eugene Parham
Representative,
105th District
Affidavit of Publication
State of Georgia,
County of Baldwin:
I, Roger W. Coover, do solemnly swear I am the Publisher
of The Union-Recorder, printed and published at Milledgeville,
GEORGIA LAWS 1985 SESSION
3997
in the state of Georgia, and that from my personal knowledge
and reference to files of said publication the legal advertisement
of: Notice to Introduce Local Legislation (Ga L 1975 p. 2774)
was inserted in space of legal advertisement as follows: January
4, 1985.
/s/ Roger W. Coover,
Publisher
Subscribed and sworn before me,
this 4th day of January, 1985.
/s/ Nancy D. Veal
Notary Public.
My commission expires: 8-19-86.
Approved March 20, 1985.
STATE COURT OF BALDWIN COUNTY JUDGE AND
SOLICITOR; COMPENSATION; TERMS OF COURT.
No. 176 (Senate Bill No. 178).
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 solici-
tor of the State Court of Baldwin County; to provide for the
terms of that court; 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 (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:
3998 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
"Section IB. The judge and the solicitor of the State Court
of Baldwin County shall each receive an annual salary of
not less than $18,000.00 nor more than $25,000.00 as deter-
mined by the governing authority of the county, payable
in equal monthly installments out of the funds of Baldwin
County.
Section 2. Said Act is further amended by adding immedi-
ately following Section IE thereof a new Section IF to read
as follows:
"Section IF. The terms of the State Court of Baldwin
County shall be bimonthly and shall be held on the first
and third Monday in each month. These 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.
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 1985 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 1871-1872, page 288), as amended; and
for other purposes.
This 7th day of January, 1985.
Culver Kidd
Senator,
25th District
Bobby Parham
Representative,
105th District
Georgia, Baldwin County.
I, Roger W. Coover, do solemnly swear I am the Publisher
of The Union-Recorder, printed and published at Milledgeville
in the State of Georgia, and that from my personal knowledge
GEORGIA LAWS 1985 SESSION
3999
and reference to files of said publication the legal advertisement
of: Baldwin County: Notice of Intention to Introduce Local Legis-
lature: To amend act creating State Court of Baldwin County
was inserted in space of legal advertisement as follows: January
11, 1985.
/s/ William Weaver
Publisher / Editor
Sworn to and subscribed before me,
this 22nd day of January, 1985.
/s/ Nancy D. Veal
Notary Public.
My commission expires: 8-19-86.
Approved March 20, 1985.
WILKINSON COUNTY MAGISTRATE COURT; COST-OF-
LIVING INCREASES FOR MAGISTRATES AND CLERK.
No. 177 (Senate Bill No. 197).
AN ACT
To amend an Act providing that the judge of the Probate
Court of Wilkinson County shall serve as chief magistrate of
the Magistrate Court of Wilkinson County, approved March 12,
1984 (Ga. L. 1984, p. 3980), so as to provide for cost-of-living
increases for magistrates under the chief magistrate and for
the clerk of such court; to provide an effective date; to repeal
conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act providing that the judge of the Probate
Court of Wilkinson County shall serve as chief magistrate of
4000 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
the Magistrate Court of Wilkinson County, approved March 12,
1984 (Ga. L. 1984, p. 3980), is amended by adding between Sec-
tions 5 and 6 a new Section 5A to read as follows:
"Section 5 A. When the governing authority of Wilkinson
County grants a cost-of-living increase in the compensation
of county employees, the magistrates and the clerk for the
Magistrate Court of Wilkinson County shall receive the same
cost-of-living increase as other county employees.
Section 2. This Act shall become effective on the first day
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
1985 session of the General Assembly of Georgia a bill to amend
an Act providing that the judge of the Probate Court of Wilkin-
son County shall serve as chief magistrate of the Magistrate
Court of Wilkinson County, approved March 12, 1984 (Ga. L.
1984, p. 3980); and for other purposes.
This 23rd day of Jan. 1985.
Honorable 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:
January 31, 1985.
/s/ Culver Kidd
Senator,
25th District
GEORGIA LAWS 1985 SESSION
4001
Sworn to and subscribed before me,
this 4th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 20, 1985.
ROCKDALE COUNTY SHERIFF; PERSONNEL.
No. 178 (Senate Bill No. 218).
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
4, 1977 (Ga. L. 1977, p. 2848), so as to authorize the sheriff to
appoint such deputies, clerks, investigators, and other employ-
ees as he shall deem necessary to assist him in discharging
the official duties of his office; to provide that the sheriff shall
recommend to the governing authority of Rockdale County the
number of such personnel needed by his office, together with
suggested compensation to be paid each employee; to authorize
the governing authority to fix the compensation to be received
by each employee in the sheriffs office; 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
4, 1977 (Ga. L. 1977, p. 2848), is amended by striking Section
4002 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
4 and Section 5 in their entirety and substituting in lieu thereof
a new Section 4 to read as follows:
"Section 4. The sheriff shall have the authority to appoint
such deputies, clerks, investigators, and other employees as
he shall deem necessary to discharge the official duties of
his office efficiently and effectively and in no event shall
the sheriff appoint fewer deputies, clerks, investigators, and
other employees than that number so employed on January
1, 1985. He shall, from time to time, recommend to the gov-
erning authority of said county the number of such personnel
needed by his office, together with the suggested compensa-
tion to be paid each employee. However, it shall be within
the sole discretion of the governing authority of said county
to fix the compensation to be received by each employee
in said office. It shall be within the sole power and authority
of the sheriff, during his term of office, to designate and
name the person or persons who shall be employed as such
deputies, clerks, assistants, or other employees, and to pre-
scribe their duties and assignments, and to remove or replace
any of such employees at will and within his sole discretion.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular
1985 session of the General Assembly of Georgia a bill 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, so as to authorize the sheriff to appoint such deputies,
clerks, investigators, and other employees as he shall deem nec-
essary to assist him in discharging the official duties of his office;
to provide that the sheriff shall recommend to the governing
authority of Rockdale County the number of such personnel
needed by his office, together with suggested compensation to
be paid each employee; to authorize the governing authority
to fix the compensation to be received by each employee in the
sheriffs office; and for other purposes.
This 23 day of January, 1985.
Harrill L. Dawkins
Senator,
45th District
GEORGIA LAWS 1985 SESSION
4003
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 Citi-
zen which is the official organ of Rockdale County, on the follow-
ing date: January 29, 1985.
/s/ Harrill L. Dawkins
Senator,
45th District
Sworn to and subscribed before me,
this 7th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).'
Approved March 20, 1985.
COBB COUNTY CHIEF DEPUTY SHERIFF; CHIEF
INVESTIGATOR.
No. 179 (Senate Bill No. 226).
AN ACT
To amend an Act changing the compensation of the clerk
of superior court, the sheriff, and the probate judge of Cobb
County from the fee system to the salary system, approved Feb-
ruary 9, 1949 (Ga. L. 1949, p. 427), as amended, particularly
by an Act approved March 18, 1983 (Ga. L. 1983, p. 4353), so
as to fix the salary of the chief deputy to the sheriff of Cobb
4004 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
County; to provide for the method of selection and term of service
of the chief deputy; to provide for the powers and duties of
the chief deputy; to provide for succession of the chief deputy
to the office of sheriff in the event of a vacancy; to fix the compen-
sation of the chief investigator for Cobb County; to provide for
other matters related 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 changing the compensation of the clerk
of superior court, the sheriff, and the probate judge of Cobb
County from the fee system to the salary system, approved Feb-
ruary 9, 1949 (Ga. L. 1949, p. 427), as amended, particularly
by an Act approved March 18, 1983 (Ga. L. 1983, p. 4353), is
amended by striking subsections (b) and (c) of Section 5, relating
to the sheriff and the sheriffs department, and inserting in
their place new subsections (b) and (c) to read as follows:
"(b) The sheriff of Cobb County shall have one chief
deputy whose salary shall be $36,000.00 per annum, to be
paid in equal monthly installments from the funds of Cobb
County. The chief deputy shall serve at the pleasure of the
sheriff. Each candidate for the office of sheriff of Cobb County
shall, at the time he qualifies to run for the office of sheriff,
designate and certify to the judge of the probate court the
name of the person who shall be his chief deputy sheriff.
In the event the office of sheriff becomes vacant by death,
resignation, or otherwise, the vacancy shall be filled for the
remaining unexpired term thereof by the said chief deputy
who shall in such event enter upon the performance of said
duties upon taking the oath of office prescribed by law for
the sheriff of Cobb County. The chief deputy sheriff is author-
ized, when directed by the sheriff, to discharge any and all
of the duties and powers of the sheriff. In addition to the
said chief deputy, the said sheriff shall be authorized and
empowered to name and appoint additional deputies as shall
be approved from time to time by the governing authority
of Cobb County. The salaries of said additional deputies shall
be set by the governing authority of Cobb County; provided,
however, that said salaries shall not be less than $4,880.00
per annum per each additional deputy approved by the said
GEORGIA LAWS 1985 SESSION
4005
governing authority of Cobb County. In addition to the said
chief deputy and other deputies above provided for, the sher-
iff of Cobb County shall be authorized and empowered to
employ the clerical help necessary to perform properly the
functions and duties of his office, provided that the number
of employees and salaries or other compensation to be paid
to each shall first be approved by the governing authority
of Cobb County.
(c) In addition to those employees provided for by sub-
section Ob) of this section, there is created the office of chief
investigator for Cobb County. The chief investigator shall
be appointed by the sheriff, shall be under his direct supervi-
sion and control, and shall serve at the pleasure of the sheriff.
The individual appointed by the sheriff of Cobb County shall
possess, as a minimum, a high school education or the equiva-
lent and shall either be a graduate of the Federal Bureau
of Investigations National Academy for Peace Officers, or
possess ten years of actual experience as a peace officer, or
be a graduate of a law school accredited by the Georgia
Bar Association, or be a graduate of the Southern Police
Institute School of Police Management and Administration.
The salary of the chief investigator shall be $35,000.00 per
annum, to be paid in equal monthly installments from the
funds of Cobb County.
Section 2. This Act shall become effective on the first day
of the month following the month in which it is approved by
the Governor or in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the
regular 1985 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 Deputy, the Clerk of the Superior Court, the Deputy
4006 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Clerk of the Superior court, the Judge of the Probate court
and the Clerk of the Probate court; and for other purposes.
This 4th day of January, 1985.
Roy E. Barnes
Haskew Brantley
Jim Tollison
Carl Harrison
Joe Mack Wilson
A. L. Burruss
Steve Thompson
Terry Lawler
Fred Aiken
Johnny Isakson
Bill Atkins
Frank Johnson
Tom Wilder
Bill Cooper
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 11, 1985.
/s/ Roy E. Barnes
Senator,
33rd District
Sworn to and subscribed before me,
this 11th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 20, 1985.
GEORGIA LAWS 1985 SESSION
4007
COBB COUNTY BOARD OF EDUCATION;
COMPENSATION.
No. 180 (Senate Bill No. 230).
AN ACT
To amend an Act changing the boundaries of the seven edu-
cation districts of the Cobb County School District, approved
March 28, 1974 (Ga. L. 1974, p. 3516), as amended, so as to
change the provisions relating to the compensation of the chair-
man and other members of the board of education; to provide
an effective date; to repeal conflicting laws; and for other pur-
poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act changing the boundaries of the seven
education districts of the Cobb County School District, approved
March 28, 1974 (Ga. L. 1974, p. 3516), as amended, is amended
by striking subsection (d) of Section 2 in its entirety and insert-
ing 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 $10,000.00, to be paid in equal monthly installments
from the funds of the board of education. The chairman
shall receive an annual salary of $11,000.00, 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 1985 Session of the General Assembly of Georgia a bill
4008 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
to amend an Act relating to the board of education of Cobb
County, approved March 28, 1974 (Ga. L. 1974, p. 3516), as
amended; to provide for related matters; and for other purposes.
This 4th day of January, 1985.
Roy E. Barnes
Haskew Brantley
Jim Tollison
Carl Harrison
Joe Mack Wilson
A. L. Burruss
Steve Thompson
Terry Lawler
Fred Aiken
Johnny Isakson
Bill Atkins
Frank Johnson
Tom Wilder
Bill Cooper
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 11, 1985.
/s/ Carl Harrison
Senator,
37th District
Sworn to and subscribed before me,
this 11th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 20, 1985.
GEORGIA LAWS 1985 SESSION
4009
COBB COUNTY COMMUNITY IMPROVEMENT
DISTRICTS; TAXES; BONDS.
No. 181 (Senate Bill No. 237).
AN ACT
To provide for the creation of one or more community im-
provement districts in Cobb County and in each municipality
therein; to provide for a short title; to provide for the purposes
of the said districts; to provide for definitions; to provide for
boards to administer said districts; to provide for the appoint-
ment and election of members of said boards; to provide for
taxes, fees, and assessments; to provide for the boundaries of
said districts; to provide for debt of the said districts; to provide
for cooperation with local governments; to provide for powers
of said boards; to provide for general obligation bonds, notes,
and other obligations of said districts; to provide for the form
of bonds, provisions for exchange and transfer, certificate of
validation, specification of interest rates in notice to district
attorney or Attorney General, and in notice of validation hear-
ing, etc., and definition of terms "cost of the project or "cost
of any project as used in bond resolutions, etc.; to provide for
authorized contents of agreements and instruments of the
boards generally, use of proceeds of sale of bonds, notes, etc.,
subsequent issues of bonds, notes, etc.; to provide for construc-
tion; to provide that Chapter 5 of Title 10 of the O.C.G.A., the
"Georgia Securities Act of 1973 not apply to the offer, sale,
or issuance of the boards bonds, notes, or other obligations;
to provide that no notice, proceeding, publication, or referendum
shall be required; to provide the procedures connected with all
of the foregoing; to provide for severability; to provide for an
effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Short title. This Act shall be referred to as the
"Cobb County Community Improvement Districts Act.
Section 2. Purpose. The purpose of this Act shall be to
provide for the creation of one or more community improvement
4010 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
districts within Cobb County and each municipality therein,
and such districts shall be created for the provision of such of
the following governmental services and facilities as may be
provided for in the resolution activating each district created
hereby, or any supplemental resolution amending same:
(1) Street and road construction and maintenance,
including curbs, sidewalks, street lights, and devices to
control the flow of traffic on streets and roads;
(2) Parks and recreational areas and facilities;
(3) Storm water and sewage collection and disposal
systems;
(4) Development, storage, treatment, purification,
and distribution of water;
(5) Public transportation;
(6) Terminal and dock facilities and parking facili-
ties; and
(7) Such other services and facilities as may be pro-
vided for by general law.
Section 3. Definitions. As used herein* the term:
(1) "Agricultural means the growing of crops for
sale or raising of animals for sale or use, including the
growing of field crops, fruit or nut trees, the raising of
livestock or poultry, and the operation of dairies, horse-
boarding facilities, and riding stables.
(2) "Board means the governing body created for
the governance of each community improvement district
herein authorized.
(3) "Bonds, or "general obligation bonds means
any bonds of a district which are authorized to be issued
under the Constitution and laws of Georgia, including
refunding bonds but not including notes or other obliga-
tions of a district.
(4) "Caucus of electors means for each district the
meeting of electors hereinafter provided for at which the
elected board members of the district are elected. A quo-
rum at such caucus shall consist of those electors present,
and a majority of those present and voting is necessary
to elect board members. No proxy votes may be cast.
GEORGIA LAWS 1985 SESSION
4011
(5) "Cost of the project or "cost of any project
means and includes:
(A) All costs of acquisition (by purchase or other-
wise), construction, assembly, installation, modifica-
tion, renovation, or rehabilitation incurred in connec-
tion with any project or any part of any project;
(B) All costs of real property, fixtures, or per-
sonal property used in or in connection with or nec-
essary for any project or for any facilities related
thereto, including, but not limited to, the cost of all
land, estates for years, easements, rights, improve-
ments, water rights, connections for utility services,
fees, franchises, permits, approvals, licenses, and cer-
tificates; the cost of securing any such franchises, per-
mits, approvals, licenses, or certificates; and the cost
of preparation of any application therefor and the
cost of all fixtures, machinery, equipment (including
all transportation equipment and rolling stock), furni-
ture, and other property used in or in connection with
or necessary for any project;
(C) All financing charges and loan fees and all
interest on bonds, notes, or other obligations of a dis-
trict which accrue or is paid prior to and during the
period of construction of a project and during such
additional period as the board may reasonably deter-
mine to be necessary to place such project in opera-
tion;
(D) All costs of engineering, surveying, and ar-
chitectural and legal services and all expenses in-
curred by engineers, surveyors, architects, and attor-
neys in connection with any project;
(E) All expenses for inspection of any project;
(F) All fees of fiscal agents, paying agents, and
trustees for bondholders under any trust agreement,
indenture of trust, or similar instrument or agree-
ment; all expenses incurred by any such fiscal agents,
paying agents, and trustees; and all other costs and
expenses incurred relative to the issuances of any
bonds, notes, or other obligations for any project;
4012 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(G) All expenses of or incidental to determining
the feasibility or practicability of any project;
(H) All costs of plans and specifications for any
project;
(I) All costs of title insurance and examinations
of title with respect to any project;
(J) Repayment of any loans made for the ad-
vance payment of any part of any of the foregoing
costs, including interest thereon and any other ex-
penses of such loans;
(K) Administrative expenses of the board and
such other expenses as may be necessary or incidental
to any project or the financing thereof or the placing
of any project in operation; and
(L) The establishment of a fund or funds for the
creation of a debt service reserve, a renewal and re-
placement reserve, or such other funds or reserves
as the board may approve with respect to the financ-
ing and operation of any project and as may be au-
thorized by any bond resolution, trust agreement, in-
denture of trust, or similar instrument or agreement
pursuant to the provisions of which the issuance of
any bonds, notes, or other obligations of the district
may be authorized.
Any cost, obligation, or expense incurred for any of the
foregoing purposes shall be a part of the cost of the project
and may be paid or reimbursed as such out of proceeds
of bonds, notes, or other obligations issued by the district.
(6) "District means the geographical area desig-
nated as such by the resolution of the governing body
or bodies consenting to the creation of the community
improvement district or as thereafter modified by any
subsequent resolution of the governing body or bodies
within which the district is or is to be located, or a body
corporate and politic being a community improvement
district created and activated pursuant hereto, as the
context requires or permits.
GEORGIA LAWS 1985 SESSION
4013
(7) "Electors means the owners of real property
within the district which is then subject to taxes, fees,
and assessments levied by the board, as appear on the
most recent ad valorem real property tax return records
of Cobb County, or one officer or director of a corporate
elector, one trustee of a trust which is an elector, one
partner of a partnership elector, or one designated repre-
sentative of an elector whose designation is made in writ-
ing to the Cobb County Tax Commissioner, on a form
satisfactory to the commissioner, at least eight days prior
to an election. An owner of multiple parcels has one
vote, not one vote per parcel. Multiple owners of one
parcel have one vote which must be cast by one of their
number who is designated in writing by such multiple
owners as their elector.
(8) "Equitably apportioned among the properties
subject to such taxes, fees, and assessments according
to the need for governmental services and facilities cre-
ated by the degree of density of development of each
such property, with reference to taxes, fees, and assess-
ments levied by the board, means that the burden of
the taxes, fees, and assessments shall be apportioned
among the properties subject thereto based upon the
values established in the most recent ad valorem tax
reassessment of such properties certified by the chairman
of the Cobb County Board of Tax Assessors.
(9) "Forestry means the planting and growing of
trees for sale in a program which includes reforestation
of harvested trees, regular underbrush and undesirable
growth clearing, fertilizing, pruning, thinning, cruising,
and marking which indicate an active tree-farming oper-
ation; it does not include the casual growing of trees
on land otherwise idle or held for investment, even
though some harvesting of trees may occur thereon.
(10) "Hereby, "herein, "hereinunder, and "here-
with mean under this Act.
4014 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(11) "Project means the acquisition, construction,
installation, modification, renovation, or rehabilitation
of land, interests in land, buildings, structures, facilities,
or other improvements located or to be located within
the district, and the acquisition, installation, modifica-
tion, renovation, rehabilitation, or furnishing of fixtures,
machinery, equipment, furniture, or other property of
any nature whatsoever used on, in, or in connection with
any such land, interest in land, building, structure, facil-
ity, or other improvement, all for the essential public
purposes set forth in Section 2 of this Act.
(12) "Property owner or "owner of real property
means any entity or person shown as a taxpayer for one
or more parcels of real estate on the most recent ad valo-
rem tax records of Cobb County within the district as
certified by the Cobb County Tax Commissioner. Multiple
owners of one parcel shall constitute one property owner
and shall designate in writing one of their number to
represent the whole.
(13) "Property used nonresidentially means prop-
erty used for neighborhood shopping, planned shopping
center, general commercial, tourist services, office or in-
stitutional, office services, light industry, heavy industry,
central business district, or other commercial or business
use which does not include residential.
(14) "Taxpayer means any entity or person paying
ad valorem taxes on real property, whether on one or
more parcels of property within the district. Multiple
owners of one parcel shall constitute one taxpayer and
shall designate in writing one of their number to repre-
sent the whole.
Section 4. Creation. Pursuant to Article IX, Section VII
of the Constitution of the State of Georgia, as amended in 1984
(said amendment being set out at Ga. L. 1984, p. 1703, et seq.),
there is created one or more community improvement districts
to be located in Cobb County, Georgia, either wholly within
the unincorporated area thereof, or wholly within any munici-
pality therein, or partly within one or more municipalities and
partly within the unincorporated area thereof, each of which
GEORGIA LAWS 1985 SESSION
4015
shall be activated upon compliance with the conditions here-
inafter provided, and which shall be governed by a board as
hereinafter constituted. The conditions for such activation shall
be:
(a) The adoption of a resolution consenting to the creation
of each community improvement district by:
(1) The Cobb County Board of Commissioners if the
district is located wholly within the unincorporated area
of Cobb County; or
(2) The governing authority of the municipality if
the district is located wholly within the incorporated area
of a municipality; or
(3) The governing authorities of Cobb County and
any municipality in which the district is partially located
if it is located partially within the unincorporated area
of Cobb County and partially within the incorporated
area of any municipality; and
(b) Written consent to the creation of the community im-
provement district by:
(1) A majority of the owners of real property within
the district which will be subject to taxes, fees, and assess-
ments levied by the board of the district;
(2) The owners of real property within the district
which constitutes at least 75 percent by value of all real
property within the district which will be subject to taxes,
fees, and assessments levied by the board and for this
purpose value shall be determined by the most recent
approved county ad valorem tax digest; and
(3) The written consents provided for above shall
be submitted to the Cobb County Tax Commissioner who
shall certify whether subsections (b)(1) and (b)(2) above
have been satisfied with respect to each such proposed
district.
No district or board created hereunder shall transact any busi-
ness or exercise any powers hereunder until the foregoing condi-
4016 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
tions are met. A copy of such resolutions shall be filed with
the Secretary of State, who shall maintain a record of all dis-
tricts activated hereunder, and with the Department of Commu-
nity Affairs.
Section 5. Administration, appointment, and election of
board members, (a) Each district created pursuant hereto shall
be administered by a board composed of seven board members
to be appointed and elected as hereinafter provided. One board
member shall be appointed by the Cobb County Board of Com-
missioners if any portion of the district lies within the unincor-
porated area of Cobb County, one board member shall be ap-
pointed by the governing authority of each municipality within
which the district is now or hereafter partially located if any
portion of the district lies within the incorporated area of such
municipality, and the remaining board members shall be elected
by the owners of real property within the district subject to
taxes, fees, and assessments levied by the board. The appointed
board members shall serve at the pleasure of the governing
body which appointed same, respectively. The initial elected
board members shall serve for terms of office as follows: one-
half thereof, or one less than half if an odd number, shall serve
for two years, and the remaining board members shall serve
for four years, respectively. Thereafter, all terms of office shall
be for four years, except the appointed board members who
serve at the pleasure of the governing body which appointed
them, respectively.
(b) The initial board members to be elected as provided
above shall be elected in a caucus of electors which shall be
held within 60 days after the adoption of the resolutions and
obtaining the written consents herein provided at such time
and place within the district as the Cobb County Board of Com-
missioners, or governing body of the municipality if the district
lies wholly within the incorporated area thereof, shall designate
after notice thereof shall have been given to said electors by
publishing same in the legal organ of Cobb County as hereinafter
provided. Thereafter, there shall be conducted biennially, not
later than 60 days following the last day for filing ad valorem
real property tax returns in Cobb County, a caucus of said elec-
tors at such time and place within the district as the board
shall designate in such notice for the purpose of electing board
members to those board member positions whose terms expire
GEORGIA LAWS 1985 SESSION
4017
or are vacant. If a vacancy occurs in an election position on
the board, the board shall, within 60 days thereof, call a special
election to fill the same to be held within 60 days of the call
unless such vacancy occurs within 180 days of the next regularly
scheduled election, in which case a special election may, but
need not, be called. For any election held hereunder, notice
thereof shall be given to said electors by publishing notice
thereof in the legal organ of Cobb County on four dates, at
least 45 days, 31 days, 17 days, and 10 days, respectively, prior
to such election.
(c) The board members shall be subject to recall as any
other elected public official by the electors hereinabove defined.
(d) Board members, including appointed board members,
shall be electors within the district. If a board member ceases
to be an elector, such board members position shall be declared
vacant as of the date of the event terminating such status.
(e) The board members shall receive no compensation for
their services but shall be reimbursed for actual expenses in-
curred in the performance of their duties. They shall elect one
of their members as chairman and another as vice-chairman
and shall also elect a secretary and a treasurer or a secretary-
treasurer, either of whom may but need not be a member of
the board.
(f) If the boundaries of a district are subsequently changed
after creation of the district to include land within a municipal-
ity which was not a party to the creation of the district, or if
a municipalitys boundaries are changed to include land within
a then existing district, the governing authority of the munici-
pality shall acquire the right to appoint a member to the board
of the district upon entering into the cooperation agreement
provided for in Section 9 hereof. If the boundaries of a district
or municipality are subsequently changed after creation of a
district to include land within the unincorporated area of Cobb
County and the district originally had no land within the unin-
corporated area of Cobb County, the Cobb County Board of Com-
missioners shall acquire the right to appoint a member to the
board of the district upon entering into the cooperation agree-
ment provided for in Section 9 hereof. The new appointed board
member in such cases shall take office upon the vacation of
4018 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
the first elected board members office to be vacated, by expira-
tion of term, death, resignation, or recall, and that office shall
thereafter be appointed by such governing authority. If by mu-
nicipal annexation or by deannexation of land from a district,
the district no longer includes land within the unincorporated
area of Cobb County or within a municipality, respectively, then
upon such occurrence the board member of the district ap-
pointed by such governing authority in which the district is
no longer located shall cease to be a board member and such
member shall thereafter be elected as otherwise herein pro-
vided.
(g) Chapter 2 of Title 21 of the O.C.G.A., the Election Code
of Georgia, shall not apply to the election of district board mem-
bers. Should a vacancy in office occur of a district board member,
and the regular caucus of electors be more than six months
in the future, a special election shall be called to fill such va-
cancy, unless filled by appointment as hereinabove required.
The district board may adopt such bylaws not inconsistent here-
with to provide for any matter concerning such elections.
Section 6. Taxes, fees, and assessments, (a) The board may
levy taxes, fees, and assessments within the district only on
real property used nonresidentially, specifically excluding all
property exempt from ad valorem taxation under the Constitu-
tion or laws of the State of Georgia and all property used for
residential, agricultural, or forestry purposes and specifically
excluding tangible personal property and intangible property.
Any tax, fee, or assessment so levied shall not exceed 1 percent
of the aggregate assessed value of all such real property. The
taxes, fees, and assessments levied by the board shall be equi-
tably apportioned among the properties subject to such taxes,
fees, and assessments according to the need for governmental
services and facilities created by the degree of density of develop-
ment of each such property. The proceeds of taxes, fees, and
assessments levied by the board shall be used only for the pur-
pose of providing governmental services and facilities which
are specially required by the degree of density of development
within the district and not for the purpose of providing those
governmental services and facilities provided to the county or
municipality as a whole. Any tax, fee, or assessment so levied
shall be collected by Cobb County if the district lies wholly or
partly within the unincorporated area of Cobb County, and by
GEORGIA LAWS 1985 SESSION
4019
the municipality within which it lies if it is wholly within a
municipality, in the same manner as taxes, fees, and assess-
ments are levied by Cobb County or the municipality, respec-
tively. Delinquent taxes shall bear the same interest and penal-
ties as Cobb County or municipal ad valorem taxes, respectively,
and may be enforced and collected in the same manner. The
proceeds of taxes, fees, and assessments so levied, less a fee to
cover the costs of collection of 1 percent thereof, but not more
than $25,000.00 in any one calendar year, shall be transmitted
by Cobb County or the municipality who collects same, to the
board and shall be expended by the board only for the purposes
authorized hereby.
(b) The board shall levy the above-provided taxes between
January 1 and June 1 each calendar year and notify in writing
the collecting governing bodies by June 15 each year so they
may include the levy on their regular ad valorem tax bills.
(c) If, but for this provision, a parcel of real property is
removed from a district or otherwise would become nontaxable
it shall continue to bear its tax millage then extant upon such
event, for bonded indebtedness of the district then outstanding,
until said bonded indebtedness then outstanding is paid or re-
funded.
Section 7. Boundaries of the districts, (a) The boundaries
of each district shall be as designated as such by the Cobb County
Board of Commissioners if wholly within the unincorporated
area of Cobb County and such municipalities within which the
district may be partially located if partially within the unincor-
porated area of Cobb County and partially within one or more
municipalities, or by the governing authority of a municipality
if wholly within the incorporated area thereof, as set forth in
the resolutions required in Section 4 hereof, or as may thereafter
be added as hereinafter provided.
(b) The boundaries of a district may be increased after the
initial creation of a district pursuant to the following:
(1) Written consent of a majority of the owners of
real property within the area sought to be annexed and
which will be subject to taxes, fees, and assessments lev-
ied by the board of the district is first obtained;
4020 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(2) Written consent of owners of real property
within the area sought to be annexed which constitutes
at least 75 percent by value of the property which will
be subject to taxes, fees, and assessments levied by the
board and for this purpose value shall be determined
by the most recent approved county ad valorem tax di-
gest;
(3) The adoption of a resolution consenting to the
annexation by the board of the district; and
(4) The adoption of a resolution consenting to the
annexation by the governing authorities of Cobb County,
if any portion of the district is or is to be in the unincorpo-
rated area of Cobb County, and such municipalities as
may have area within the district before or after the
annexation.
Section 8. Debt. Each district may incur debt without re-
gard to the requirements of Section V of Article IX of the Consti-
tution of Georgia, or any other provision of law prohibiting or
restricting the borrowing of money or the creation of debt by
political subdivisions of the State of Georgia, which debt shall
be backed by the full faith, credit, and taxing power of the
district but shall not be an obligation of the State of Georgia
or any other unit of government of the State of Georgia other
than the district.
Section 9. Cooperation with local governments. The ser-
vices and facilities provided pursuant hereto shall be provided
for in a cooperation agreement executed jointly by the board
and the governing body of Cobb County and any municipalities
within which the district is partially located. The provisions
of this section shall in no way limit the authority of Cobb County
or any such municipality to provide services or facilities within
the district; and Cobb County or such municipalities shall retain
full and complete authority and control over any of its facilities
located within its respective areas of any district. Said control
shall include but not be limited to the modification of, access
to, and degree and type of services provided through or by facili-
ties of the municipality or county. Nothing contained in this
section shall be construed to limit or preempt the application
of any governmental laws, ordinances, resolutions, or regula-
tions to the district or the services or facilities provided therein.
GEORGIA LAWS 1985 SESSION
4021
Section 10. Powers, (a) Each district and its board created
pursuant hereto shall have all of the powers necessary or con-
venient to carry out and effectuate the purposes and provisions
hereof, including, without limiting the generality of the forego-
ing, the power:
(1) To bring and defend actions;
(2) To adopt and amend a corporate seal;
(3) To make and execute contracts, agreements, and
other instruments necessary or convenient to exercise
the powers of the board or to further the public purposes
for which the district is created, including, but not lim-
ited to, contracts for construction of projects, leases of
projects, contracts for sale of projects, agreements for
loans to finance projects, and contracts with respect to
the use of projects;
(4) To acquire by purchase, lease, or otherwise and
to hold, lease, and dispose of real and personal property
of every kind and character, or any interest therein, in
furtherance of the public purposes of the district;
(5) To finance (by loan, grant, lease, or otherwise),
construct, erect, assemble, purchase, acquire, own, re-
pair, remodel, renovate, rehabilitate, modify, maintain,
extend, improve, install, sell, equip, expand, add to, oper-
ate, or manage projects and to pay the cost of any project
from the proceeds of bonds, notes, or other obligations
of the district or any other funds of the district, or from
any contributions or loans by persons, corporations, part-
nerships (whether limited or general), or other entities,
all of which the board is authorized to receive, accept,
and use;
(6) To borrow money to further or carry out its pub-
lic purposes and to execute bonds, notes, other obliga-
tions, leases, trust indentures, trust agreements, agree-
ments for the sale of its bonds, notes, or other obligations,
loan agreements, security agreements, assignments, and
such other agreements or instruments as may be neces-
sary or desirable, in the judgment of the board, to evi-
dence and to provide security for such borrowing;
4022 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(7) To issue bonds, notes, or other obligations of the
district and use the proceeds thereof for the purpose of
paying all or any part of the cost of any project and
otherwise to further or carry out the public purposes
of the district and to pay all costs of the board incidental
to, or necessary and appropriate to, furthering or carry-
ing out such purposes;
(8) To make application directly or indirectly to any
federal, state, county, or municipal government or
agency or to any other source, whether public or private,
for loans, grants, guarantees, or other financial assis-
tance in furtherance of the districts public purposes and
to accept and use the same upon such terms and condi-
tions as are prescribed by such federal, state, county,
or municipal government or agency or other source;
(9) To enter into agreements with the federal gov-
ernment or any agency thereof to use the facilities or
services of the federal government or any agency thereof
in order to further or carry out the public purposes of
the district;
(10) To contract for any period, not exceeding 50
years, with the State of Georgia, state institutions, or
any municipal corporation, county, or political subdivi-
sion of this state for the use by the district of any facilities
or services of the state or any such state institution, mu-
nicipal corporation, county, or political subdivision of this
state, or for the use by any state institution or any munic-
ipal corporation, county, or political subdivision of the
state of any facilities or services of the district, provided
that such contracts shall deal with such activities and
transactions as the district and any such political subdivi-
sion with which the district contracts are authorized by
law to undertake;
(11) To receive and use the proceeds of any tax levied
by any county or any municipal corporation to pay the
costs of any project or for any other purpose for which
the board may use its own funds pursuant hereto;
(12) To receive and administer gifts, grants, and de-
vises of money and property of any kind and to adminis-
ter trusts;
GEORGIA LAWS 1985 SESSION
4023
(13) To use any real property, personal property,
or fixtures or any interest therein or to rent or lease
such property to or from others or make contracts with
respect to the use thereof or to sell, lease, exchange,
transfer, assign, pledge, or otherwise dispose of or grant
options for any such property in any manner as it deems
to be the best advantage of the district and the public
purposes thereof;
(14) To appoint, select, and employ engineers, sur-
veyors, architects, urban or city planners, fiscal agents,
attorneys, and others and to fix their compensation and
pay their expenses;
(15) To encourage and promote the improvement
and development of the district and to make, contract
for, or otherwise cause to be made long-range plans or
proposals for the district in cooperation with Cobb
County and any municipal corporations in which the dis-
trict is wholly or partially located;
(16) To adopt bylaws governing the conduct of busi-
ness by the board, the election and duties of officers of
the board, and other matters which the board determines
to deal with in its bylaws;
(17) To exercise any power granted by the laws of
this state to public or private corporations which is not
in conflict with the public purposes of the district; and
(18) To do all things necessary or convenient to
carry out the powers conferred hereby.
(b) The powers enumerated in each paragraph of this sec-
tion are cumulative of and in addition to those powers enumer-
ated herein and elsewhere in this Act; and no such power limits
or restricts any other power of the board.
Section 11. Bonds generally, (a) Notes or other obliga-
tions issued by a district other than general obligation bonds
shall be paid solely from the property pledged to pay such notes
or other obligations. General obligation bonds issued by any
district shall constitute a general obligation of the district to
4024 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
the repayment of which the full faith and credit and taxing
power of the district shall be pledged.
(b) All bonds, notes, and other obligations of any district
shall be authorized by resolution of its board, adopted by a major-
ity vote of the board members at a regular or special meeting.
(c) Bonds, notes, or other obligations shall bear such date
or dates, shall mature at such time or times (not more than
40 years from their respective dates), shall bear interest at such
rate or rates (which may be fixed or may fluctuate or otherwise
change from time to time), shall be subject to redemption on
such terms, and shall contain such other terms, provisions, cove-
nants, assignments, and conditions as the resolution authorizing
the issuance of such bonds, notes, or other obligations may per-
mit or provide. The terms, provisions, covenants, assignments,
and conditions contained in or provided or permitted by any
resolution of the board authorizing the issuance of such bonds,
notes, or other obligations shall bind the board members of the
district then in office and their successors.
(d) The board shall have power from time to time and when-
ever it deems it expedient to refund any bonds by the issuance
of new bonds, whether or not the bonds to be refunded have
matured, and may issue bonds partly to refund bonds then out-
standing and partly for any other purpose permitted hereunder.
The refunding bonds may be exchanged for the bonds to be
refunded, with such cash adjustments as may be agreed upon,
or may be sold and the proceeds applied to the purchase or
redemption of the bonds to be refunded.
(e) There shall be no limitation upon the interest rates
or any maximum interest rate or rates on any bonds, notes,
or other obligations of the district; and the usury laws of this
state shall not apply to bonds, notes, or other obligations of
these districts.
(f) Bonds issued by a district may be in such form, either
coupon or fully registered, or both coupon and fully registered,
and may be subject to such exchangeability and transferability
provisions as the bond resolution authorizing the issuance of
such bonds or any indenture or trust agreement may provide.
GEORGIA LAWS 1985 SESSION
4025
(g) Bonds shall bear a certificate of validation. The signa-
ture of the clerk of the Superior Court of Cobb County may
be made on the certificate of validation of such bonds by facsim-
ile or by manual execution, stating the date on which such bonds
were validated; and such entry shall be original evidence of
the fact of judgment and shall be received as original evidence
in any court in this state.
(h) In lieu of specifying the rate or rates of interest which
such bonds are to bear, and the principal amount and maturities
of such said bonds, the notice to the district attorney or the
Attorney General, the notice to the public of the time, place,
and date of the validation hearing, and the petition and com-
plaint for validation may state that the bonds when issued will
bear interest at a rate not exceeding a maximum per annum
rate of interest (which may be fixed or may fluctuate or otherwise
change from time to time) and that the principal amount will
not exceed and the final maturity date will not be later than
as specified in such notices and petition and complaint or may
state that, in the event the bonds are to bear different rates
of interest for different maturity dates, none of such rates will
exceed the maximum rate (which may be fixed or may fluctuate
or otherwise change from time to time) so specified; provided,
however, that nothing in this section shall be construed as pro-
hibiting or restricting the right of a board to sell such bonds
at a discount, even if in doing so the effective interest cost result-
ing therefrom would exceed the maximum per annum interest
rate specified in such notices and in the petition and complaint.
(i) The terms "cost of the project and "cost of any project
shall have the meaning prescribed herein whenever those terms
are referred to in bond resolutions of a board, in bonds, notes,
or other obligations of the district, or in notices or proceedings
to validate such bonds, notes, or other obligations of a district.
Section 12. Authorized contents of agreements and instru-
ments of the board generally; use of proceeds of sale of bonds,
notes, etc.; subsequent issues of bonds, notes, etc. (a) Subject
to the limitations and procedures provided by this section and
by the immediately preceding section, the agreements or instru-
ments executed by a board may contain such provisions not
inconsistent with law as shall be determined by such board.
4026 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(b) The proceeds derived from the sale of all bonds, notes,
and other obligations issued by a district shall be held and used
for the ultimate purpose of paying, directly or indirectly as per-
mitted herein, all or part of the cost of any project, or for the
purpose of refunding any bonds, notes, or other obligations is-
sued in accordance hereunder.
(c) Issuance by a board of one or more series of bonds, notes,
or other obligations for one or more purposes shall not preclude
it from issuing other bonds, notes, or other obligations in connec-
tion with the same project or with any other projects; but the
proceeding wherein any subsequent bonds, notes, or other obli-
gations are issued shall recognize and protect any prior loan
agreement, security agreement, or other agreement or instru-
ment made for any prior issue of bonds, notes, or other obliga-
tions, unless in the resolution authorizing such prior issue the
right is expressly reserved to the board to issue subsequent
bonds, notes, or other obligations on a parity with such prior
issue.
Section 13. Construction; applicability of Chapter 5 of Title
10 of the O.C.G.A., the "Georgia Securities Act of 1973; notice,
proceeding, publication, referendum. This Act shall be liberally
construed to effect the purposes hereof. The offer, sale, or is-
suance of bonds, notes, or other obligations by a district shall
not be subject to regulation under Chapter 5 of Title 10 of the
O.C.G.A., the "Georgia Securities Act of 1973. No notice, pro-
ceeding, or publication except those required hereby shall be
necessary to the performance of any act authorized hereby, nor
shall any such act be subject to referendum.
Section 14. Severability. In the event any section, subsec-
tion, sentence, clause, or phrase of this Act shall be declared
or adjudged invalid or unconstitutional, such adjudication shall
in no manner affect the other sections, subsections, sentences,
clauses, or phrases of this Act, which shall remain of full force
and effect as if the section, subsection, sentence, clause, or phrase
so declared or adjudged invalid or unconstitutional were not
originally a part hereof. The General Assembly declares that
it would have passed the remaining parts of this Act if it had
known that such part or parts hereof would be declared or ad-
judged invalid or unconstitutional.
GEORGIA LAWS 1985 SESSION
4027
Section 15. Effective date. This Act shall become effective
upon its approval by the Governor or upon its becoming law
without his approval.
Section 16. 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
1985 session of the General Assembly of Georgia a bill to provide
for the creation of one or more community improvement dis-
tricts in Cobb County and in each municipality therein; to pro-
vide for purposes, to provide for boards to administer said dis-
tricts; to provide for appointment and election of boards; to
provide for powers and duties; to provide for boundaries; to pro-
vide for taxes, fees, and assessments; to authorize said districts
to incur debt; to provide for bonds, notes, and other obligations;
to authorize said districts to contract with other units of govern-
ment; to provide for cooperation with local governments; to pro-
vide for all matters relative to the foregoing; and for other pur-
poses.
This 4th day of February, 1985.
Honorable Fred Aiken
Representative, 21st District
Roy E. Barnes
Haskew Brantley
Jim Tollison
Carl Harrison
Joe Mack Wilson
A. L. Burrus
Steve Thompson
Terry Lawler
Fred Aiken
Johnny Isakson
Bill Atkins
Frank Johnson
Tom Wilder
Bill Cooper
4028 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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: February 8, 1985.
/s/ Roy E. Barnes
Senator,
33rd District
Sworn to and subscribed before me,
this 13th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 20, 1985.
CHATHAM COUNTY MAGISTRATE COURT; JUDGE
EMERITUS OF THE MUNICIPAL COURT OF SAVANNAH;
SERVICE AS A MAGISTRATE; JUDGES PRO TEMPORE.
No. 182 (Senate Bill No. 246).
AN ACT
To amend an Act making provisions for the Magistrate Court
of Chatham County and abolishing the Municipal Court of Sa-
vannah, approved March 21, 1984 (Ga. L. 1984, p. 4422), so as
to change the provisions relating to the judge emeritus of the
Municipal Court of Savannah; to provide that said judge emeri-
GEORGIA LAWS 1985 SESSION
4029
tus shall serve as judge of the Magistrate Court of Chatham
County upon the call of the chief magistrate; to provide that
the cases, office space, and secretarial and clerical assistance
of the judge emeritus while serving as judge of the magistrate
court shall be assigned by the chief magistrate; to provide for
the appointment of judges of the magistrate court pro tempore
and for their duties and compensation; to provide for other mat-
ters 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 making provisions for the Magistrate
Court of Chatham County and abolishing the Municipal Court
of Savannah, approved March 21, 1984 (Ga. L. 1984, p. 4422),
is amended by striking subsections (b), (c), and (d) of Section 3
in their entirety and substituting in lieu thereof new subsections
(b), (c), and (d) to read as follows:
"(b) The chief magistrate may, from time to time, call
upon and designate the judge emeritus to serve as a judge
of the Magistrate Court of Chatham County. When serving
as a judge of the magistrate court, the judge emeritus shall
hear and determine such cases as shall be assigned to said
judge emeritus by the chief magistrate. The judge emeritus,
while serving as judge of the magistrate court, shall have
such office space, secretarial, and clerical assistance as shall
be assigned to said judge emeritus by the chief magistrate.
(c) The judge emeritus shall receive an annual salary
of $19,800.00 as a retirement benefit. In addition thereto,
for each days service as a judge of the magistrate court,
the judge emeritus shall be compensated in the amount of
$100.00, but such per diem shall not exceed a total of
$18,000.00 per annum. The salary and per diem of the judge
emeritus shall be paid from the funds of Chatham County.
(d) In addition to the authority to call upon the judge
emeritus to serve as a judge of the magistrate court as pro-
vided in subsection (b) of this section, the chief magistrate
may, from time to time as the workload of the magistrate
court requires, appoint judges of the magistrate court pro
4030 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
tempore. Any such judge pro tempore so appointed shall
serve for such number of days and shall hear and determine
such cases as shall be determined by the chief magistrate.
A judge pro tempore shall be compensated in the amount
of $100.00 for each days service and shall have such office
space and secretarial and clerical assistance while serving
as shall be assigned by the chief magistrate. The per diem
for a judge pro tempore shall be paid from the funds of
Chatham County.
Section 2. This Act shall become effective upon its ap-
proval 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 is given that there will be introduced at the regular
1985 session of the General Assembly of Georgia a bill to amend
an Act making provisions for the Magistrate Court of Chatham
County and abolishing the Municipal Court of Savannah, ap-
proved March 21, 1984 (Ga. L. 1984, p. 4422); and for other
purposes.
This 4th day of February, 1985.
Roy L. Allen
Published in The Georgia Gazette February 7, 1985
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: Febru-
ary 7, 1985.
/s/ Albert Scott
Senator,
2nd District
GEORGIA LAWS 1985 SESSION
4031
Sworn to and subscribed before me,
this 14th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 20, 1985.
CITY OF MILLEDGEVILLE CORPORATE LIMITS; CITY
OFFICERS; TERMS; VACANCIES.
No. 183 (Senate Bill No. 260).
AN ACT
To amend an Act establishing a new charter for the City
of Milledgeville, approved December 15, 1900 (Ga. L. 1900, p.
345), as amended, so as to change the corporate limits of said
city; to change the provisions relating to terms of office of certain
city officials; to provide that certain city officials shall serve
at the pleasure of the mayor; to provide for filling vacancies
in certain city offices; to provide effective dates; to repeal conflict-
ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act establishing a new charter for the City
of Milledgeville, approved December 15, 1900 (Ga. L. 1900, p.
345), as amended, is amended by adding at the end of Section
3 the following:
"In addition to the area now embraced within the corpo-
rate limits of the City of Milledgeville, the following de-
4032 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
scribed tract of land shall be included within said corporate
limits:
All that tract of land situate, lying and being in the
318th G.M.D. of and in Baldwin County, Georgia known
as the right-of-way of U.S. Highway #441 beginning at
a point where the present corporate limits of the City
of Milledgeville, as established on May 14, 1974, inter-
sects with the eastern right-of-way boundary line of U.S.
Highway #441 and the western boundary line of that
certain property presently owned by Jone Herrin Wade.
Said Point of Beginning is identified and designated as
the Point of Reference on that certain plat entitled 'Pro-
posed Annexation Plat for City of Milledgeville, dated
February 1,1985, prepared by James E. Smith, Jr., Geor-
gia Registered Land Surveyor No. 1895, Ogletree, Smith
& Associates, recorded in the Office of the Clerk of Supe-
rior Court of Baldwin County, Georgia, in Plat Book II,
Pages 292-293.
From the Point of Beginning thence running S 81
26' 22* W a distance of 150.00 feet; thence running in
a northerly direction along an arc forming part of the
western right-of-way boundary line of U.S. Highway
#441, a distance of 349.93 feet (identified as Curve #3
on the aforementioned plat); thence running S 88 15'
13* W a distance of 15.00 feet; thence running in a north-
erly direction along an arc forming part of the western
right-of-way boundary line of U.S. Highway #441 a dis-
tance of 206.28 feet (identified as Curve #4 on the afore-
mentioned plat); thence running S 87 44' 28* E a
distance of 15.00 feet; thence running N 04 25' 00* E
a distance of955.50 feet; thence continuing in a northerly
direction along an arc forming part of the western right-
of-way boundary line of U.S. Highway #441 a distance
of 1025.00 feet (identified as Curve # 7 on the aforemen-
tioned plat); thence running N 16 38' 00* W a distance
of 966.10 feet; thence continuing in a northerly direction
along an arc forming part of the western right-of-way
boundary line of U.S. Highway #441 a distance of658.52
feet (identified as Curve # 10 on the aforementioned plat);
thence running N 10 08' 00* W a distance of 2146.30
feet; thence continuing in a northerly direction along
GEORGIA LAWS 1985 SESSION
4033
an arc forming part of the western right-of-way boundary
line of U.S. Highway #441 a distance of656.86 feet (iden-
tified as Curve # 14 on the aforementioned plat); thence
running N 20 11' 00* W a distance of 1259.20 feet;
thence continuing in a northerly direction along an arc
forming part of the western boundary line of U.S. High-
way #441 a distance of 734.78 feet (identified as Curve
# 15 on the aforementioned plat); thence running N 16
32' 00* W a distance of 2182.70 feet; thence continuing
in a northerly direction along an arc forming part of
the western right-of-way boundary line of U.S. Highway
#441 a distance of 583.39 feet (identified as Curve #19
on the aforementioned plat); thence running N 76 21'
53* E a distance of 150.00 feet; thence running in a south-
erly direction along an arc forming part of the eastern
right-of-way boundary line of U.S. Highway #441 a dis-
tance of575.81 feet (identified as Curve #20 on the afore-
mentioned plat); thence running S 16 32' 00* E a dis-
tance of 2182.70 feet; thence continuing in a southerly
direction along an arc forming part of the eastern right-
of-way boundary line of U.S. Highway #441 a distance
of 725.22 feet (identified as Curve # 16 on the aforemen-
tioned plat); thence running S 20 11' 00* E a distance
of1259.20 feet; thence continuing in a southerly direction
along an arc forming part of the eastern right-of-way
boundary line of U.S. Highway #441 a distance of683.17
feet (identified as Curve # 17 on the aforementioned plat);
thence running S 10 08' 00* E a distance of 2146.30
feet; thence continuing in a southerly direction along
an arc forming part of the eastern right-of-way boundary
line of U.S. Highway #441 a distance of641.50 feet (iden-
tified as Curve #11 on the aforementioned plat); thence
runnings 16 38'00* E a distance of 966.10 feet; thence
continuing in a southerly direction along an arc forming
part of the eastern right-of-way boundary line of U.S.
Highway #441 a distance of 1080.11 feet (identified as
Curve #8 on the aforementioned plat); thence running
S 04 25' 00* W a distance of955.50 feet; thence continu-
ing in a southerly direction along an arc forming part
of the eastern right-of-way boundary line of U.S. High-
way #441 a distance of 631.91 feet (identified as Curve
#6 on the aforementioned plat) to the Point of Begin-
ning.
4034 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
The tract of land described herein is the same tract of
land being more particularly described and identified on the
aforementioned plat recorded in the Office of the Clerk of
the Superior Court of Baldwin County, Georgia, in Plat Book
II, Pages 292-293.
Section 2. Said Act is further amended by striking in its
entirety subsection (b) of Section 21A and inserting in lieu
thereof a new subsection (b) to read as follows:
"(b) To nominate the following officers and officials of
the City of Milledgeville, who shall serve for a term of office
of four years each following their confirmation by a vote
of four aldermen:
(1) clerk and treasurer;
(2) chief of police;
(3) chief of the fire department;
(4) all city department heads;
(5) city recorder; and
(6) city attorney.
Provided, however, that such officers and officials shall serve
at the pleasure of the mayor and may be removed by the
mayor during such term of office. Upon a vacancy occurring
in any of the offices listed in this subsection, the mayor shall
nominate a person to fill such vacancy, and such person
shall serve for the remainder of the unexpired term following
confirmation by a vote of four aldermen.
Section 3. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without his
approval, except that Section 2 of this Act shall become effective
on January 1, 1986.
Section 4. All laws and parts of laws in conflict with this
Act are repealed.
Notice of Intention to Introduce Local Legislation.
GEORGIA LAWS 1985 SESSION
4035
Notice is given that there will be introduced at the regular
1985 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 28 day of December, 1984.
Honorable Culver Kidd
Senator,
25th District
Bobby Parham
Representative,
105th District
Affidavit of Publication
State of Georgia.
County of Baldwin:
I, Roger W. Coover, do solemnly swear I am the Publisher
of The Union-Recorder, printed and published at Milledgeville,
in the state of Georgia, and that from my personal knowledge
and reference to files of said publication the legal advertisement
of: Local Legislation - Creation of new City Charter was inserted
in space of legal advertisement as follows: January 2 and 4,
1985.
/s/ Roger W. Coover
Publisher
Subscribed and sworn before me,
this 21st day of January, 1985.
/s/ Nancy D. Veal
Notary Public.
My commission expires: 8-19-86.
Approved March 20, 1985.
4036 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
DAWSON COUNTY COMMISSIONER; COMPENSATION.
No. 184 (Senate Bill No. 278).
AN ACT
To amend an Act creating the office of commissioner of Daw-
son County, approved February 5, 1952 (Ga. L. 1952, p. 2068),
as amended, particularly by an Act approved March 6, 1981
(Ga. L. 1981, p. 3047), so as to change the provisions relating
to the compensation of said commissioner; to repeal conflicting
laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act creating the office of commissioner of
Dawson County, approved February 5, 1952 (Ga. L. 1952, p.
2068), as amended, particularly by an Act approved March 6,
1981 (Ga. L. 1981, p. 3047), is amended by striking subsection
(a) of Section 5 in its entirety and inserting in lieu thereof a
new subsection (a) of Section 5 to read as follows:
"(a) (1) The county commissioner of Dawson County
shall devote his full time to the business and interest
of said county in the performance and discharge of his
duties and shall receive as compensation the sum of
$22,000.00 per annum. The salary provided in this subsec-
tion shall be increased by 3 percent for each four-year
term of office served by the commissioner, figured at the
end of each such period of service. For the purposes of
computing the salary of the county commissioner in office
on the effective date of this Act, the 3 percent increase
provided by this paragraph shall be applied retroactively
for each complete term of office served by such commis-
sioner prior to the effective date of this Act. This compen-
sation shall be paid in equal monthly installments out
of the general funds of the county.
GEORGIA LAWS 1985 SESSION
4037
(2) As used in this paragraph, 'county officer means
the sheriff, the clerk of the Superior Court, the judge
of the Probate Court, or the tax commissioner of Dawson
County. Notwithstanding the provisions of paragraph (1)
of this subsection, if the annual salary of any county
officer is increased to an amount which is greater than
the annual salary of the county commissioner as provided
in paragraph (1) of this subsection, then the annual sal-
ary of the county commissioner shall be increased so
that it will equal the sum of the annual salary of such
county officer plus the amount of $1.00. In the event
the salaries of two or more county officers exceed the
annual salary of the county commissioner, the greater
of such salaries shall be used to adjust the salary of the
county commissioner as provided in this paragraph.
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
1985 session of the General Assembly of Georgia a bill to amend
an Act creating the office of commissioner of Dawson County,
approved February 5, 1952 (Ga. L. 1952, p. 2068), as amended,
so as to change compensation and provide longevity increases
for said officer; and for other purposes.
This 22nd day of January, 1985.
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 Dawson County Adver-
tiser which is the official organ of Dawson County, on the follow-
ing date: January 24, 1985.
/s/ John C. Foster
Senator,
50th District
4038 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 25th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 20, 1985.
ETOWAH WATER AND SEWER AUTHORITY REVENUE
BONDS.
No. 185 (Senate Bill No. 281).
AN ACT
To amend an Act creating the Etowah Water and Sewer
Authority, approved March 18, 1980 (Ga. L. 1980, p. 3407), as
amended, so as to Change the provisions relating to the issuance
of revenue bonds by the Authority; to repeal conflicting laws;
and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act creating the Etowah Water and Sewer
Authority, approved March 18, 1980 (Ga. L. 1980, p. 3407), as
amended, is amended by striking in its entirety Section 5 and
inserting in its place a new Section 5 to read as follows:
"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 shall have power and is authorized at one time,
or from time to time, to provide by resolution for the issuance
of revenue bonds, in a sum not to exceed six million
GEORGIA LAWS 1985 SESSION
4039
($6, 000,000.00) dollars outstanding at any one time, for the
purpose of paying all or any part of the cost as defined in
this section of any one or more projects. The principal and
interest of such revenue bonds shall be payable solely from
the special fund provided in this section for such payment.
The bonds of each issue shall be dated, shall bear interest
at the rate or rates and shall mature at such time or times
as permitted by resolution of the Authority. The bonds 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 by resolution
of the Authority.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the
regular session of the General Assembly, 1985, a bill to amend
the Acts which created the Etowah Water and Sewer Authority,
so as to change provisions relating to the issuance of revenue
bonds by the authority, and for other purposes.
This the 18th day of February, 1985.
Don D. Gordon
Chairman
Etowah Water and Sewer
Authority
Georgia, Dawson County.
Personally appeared before me, the undersigned notary pub-
lic, 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 Dawson County
Advertiser, which is the official organ of Dawson County, on
the following date: February 21, 1985.
/s/ John C. Foster
Senator,
50th District
4040 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn and subscribed before me,
this 21st day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 20, 1985.
TOWN OF BYROMVILLE NEW CHARTER.
No. 186 (Senate Bill No. 284).
AN ACT
To create a new charter for the Town of Byromville, Georgia;
to provide for the incorporation, powers, and boundaries of said
town; to provide for the governing authority; to provide for the
mayor and council; to provide for administration; to provide
for a recorders court of such town; to provide for elections; to
provide for the financial and fiscal affairs of the town; to provide
for municipal services and regulatory functions; to provide gen-
eral provisions; to provide for other matters relative thereto;
to provide an effective date; to provide for specific repeal; to
repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
ARTICLE I
INCORPORATION, POWERS
Section 1.10. Incorporation. This Act shall constitute the
whole charter of the Town of Byromville, repealing and replac-
ing the charter provided by an Act of the General Assembly,
approved August 19, 1905 (Ga. L. 1905, p. 690), as amended.
GEORGIA LAWS 1985 SESSION
4041
The Town of Byromville, Georgia, in the County of Dooly, and
the inhabitants thereof, are constituted and declared a body
politic and corporate under the name and style of the mayor
and town council of Byromville, 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
the Town of Byromville shall be those existing on the effective
date of this Act with such alterations as may be made from
time to time in the manner provided by law. The current bound-
aries of the Town of Byromville, at all times, shall be shown
on a map to be retained permanently in the office of the town
clerk and to be designated: "Town of Byromville, Georgia. Al-
terations in these boundaries shall be indicated by appropriate
entries upon or additions to such map. Such entries or additions
shall be made by or under the directions of the mayor. Photo-
graphic or other copies of such map certified by the mayor shall
be admitted as evidence in all courts and shall have the same
force and effect as with the original map.
(b) The town council may provide for the redrawing of any
such map. A redrawn map shall supersede for all purposes the
earlier map or maps which it is designated to replace.
Section 1.12. Examples of powers. The corporate powers
of the government of this town may include, but shall not be
limited to, the following:
(1) Property taxes. To levy and to provide for the
assessment, valuation, revaluation, and collection of
taxes on all property subject to taxation;
(2) Other taxes. To levy and collect such other taxes
as may be allowed now or in the future by state law;
(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 li-
cense and regulate the same; to provide for the manner
and method of payment of such licenses and taxes; and
to revoke such licenses after due process for failure to
pay any town taxes or fees;
4042 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(4) Appropriations and expenditures. To make ap-
propriations for the government of the town; to authorize
the expenditure of money for any purposes authorized
by this Act and for any purpose for which a municipality
is authorized by the laws of the State of Georgia; and
to provide for the payment of expenses of the town;
(5) Municipal debt. To appropriate and borrow
money for the payment of debts of the town and to issue
bonds for the purpose of raising revenue to carry out
any project, program, or venture authorized by this Act
or the laws of the State of Georgia;
(6) Municipal property ownership. To acquire, dis-
pose of, and hold in trust or otherwise any real, personal,
or mixed property in fee simple or lesser interest inside
or outside the property limits of the town;
(7) Gifts. To accept or refuse gifts, donations, be-
quests, or grants from any source for any purpose related
to the powers and duties of the town and the general
welfare of its citizens on such terms and conditions as
the donor or grantor may impose;
(8) Condemnation. To condemn property, inside or
outside the corporate limits of the town for present or
future use, and for any corporate purpose deemed neces-
sary by the governing authority under Title 22 of the
O.C.G.A., or under other applicable general laws of the
State of Georgia;
(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, penalties, and with-
drawal of service for refusal or failure to pay same; and
to fix the manner in which such remedies shall be en-
forced;
GEORGIA LAWS 1985 SESSION
4043
(10) Public utilities and services. To grant franchises
or make contracts for public utilities and public services;
to prescribe the rates, fares, regulations, standards, and
conditions or service applicable to the service to be pro-
vided by the franchise grantee or contractor insofar as
not in conflict with such regulations by the Georgia Pub-
lic Service Commission;
(11) Roadways. To lay out, open, extend, widen, nar-
row, establish, or change the grade of, abandon, close,
construct, pave, curb, gutter, adorn with shade trees, or
otherwise improve, maintain, repair, clean, prevent ero-
sion of, and light roads, alleys, and walkways within the
corporate limits of the town and to grant franchises and
rights of way throughout the streets and roads and over
the bridges and viaducts of the town for the use of public
utilities;
(12) Public improvements. To provide for the acquisi-
tion, construction, building, operation, and maintenance
of public ways, parks and playgrounds, recreational facil-
ities, cemeteries, markets and market houses, public
buildings, libraries, public housing, airports, hospitals,
terminals, docks, parking facilities, or charitable, cul-
tural, educational, recreational, conservation, sport,
curative, corrective, detentional, penal, and medical
institutions, agencies, and facilities, and any other public
improvements inside or outside the corporate limits of
the town; and to regulate the use thereof and, for such
purposes, property may be acquired by condemnation
under Title 22 of the O.C.G.A. or under other applicable
general laws of the State of Georgia;
(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 ordi-
nances 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
4044 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
adopt building, housing, plumbing, electrical, gas and
heating and air-conditioning codes; to regulate all hous-
ing, building, and building trades; and to license the con-
struction and erection of buildings and all other struc-
tures;
(15) Planning and zoning. To provide such compre-
hensive town planning for development by zoning; subdi-
vision regulation and the like as the mayor and town
council deem 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 distur-
bances;
(17) Special areas of public regulation. To regulate
or prohibit junk dealers and pawn shops; the manufac-
ture, sale, or transportation of alcoholic beverages; the
use and sale of firearms; to regulate the transportation,
storage, and use of combustible, explosive, and inflamma-
ble materials; the use of lighting and heating equipment;
and any other business or situation which may be danger-
ous to persons or property; to regulate and control the
conduct of peddlers, itinerant trades, theatrical perfor-
mances, exhibitions and shows of any kind whatsoever
by taxation or otherwise; to license, tax, regulate, or pro-
hibit professional fortunetelling or palmistry, adult book-
stores, and massage parlors;
(18) Regulation of roadside areas. To prohibit or regu-
late and control the erection, removal, and maintenance
of signs, billboards, trees, shrubs, fences, buildings, and
any and all other structures or obstructions upon or adja-
cent to the rights of way of streets and roads or within
view thereof, within or abutting the corporate limits of
the town; and to prescribe penalties and punishment for
violation of such ordinances;
(19) Health and sanitation. To prescribe standards
of health and sanitation and to provide for the enforce-
ment of such standards;
GEORGIA LAWS 1985 SESSION
4045
(20) Air and water pollution. To regulate the emis-
sion of smoke or other exhaust which pollutes the air
and to prevent the pollution of natural streams which
flow within the corporate limits of the town;
(21) Fire regulations. To fix and establish fire limits
and, from time to time, to extend, enlarge, and 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 de-
struction and removal of any building or other structure
which may be or might become dangerous or detrimental
to the public;
(23) Solid waste disposal. To provide for the collection
and disposal of garbage, rubbish, and refuse; 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 town, from
all individuals, firms, and corporations residing in or do-
ing business therein benefiting from such services; to en-
force 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, equip-
ping, operating, maintaining, and extending of a sewage
disposal plant and sewerage system; to levy on the users
of sewers and the sewerage system a sewer service charge
or sewer tax for the use of the sewers; and to provide
for the manner and method of collecting such service
charges and for enforcing payment of same; to charge,
impose, and collect a sewer connection fee or fees and
to charge the same from time to time, such fees to be
levied on the users connecting with the sewerage system;
4046 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(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 equip-
ment of the town and the administration and use of same
by the public; and to prescribe penalties and punishment
for violations thereof;
(28) Jail sentences. To provide that persons given jail
sentences in the towns court shall work out such sen-
tences in any public works or on the streets, roads, drains,
and squares in the town; or to provide for commitment
of such persons to any county work camp or jail by agree-
ment with the appropriate county officials;
(29) Animal regulations. 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 viola-
tion of any ordinance or lawful order; to provide for their
disposition by sale, gift, or humane disposal when not
redeemed as provided by ordinance; and to provide pun-
ishment for violation of the ordinance enacted hereun-
der;
(30) Motor vehicles. To regulate the operation of mo-
tor vehicles and exercise control over all traffic, including
parking, upon or across the streets, roads, alleys, and
walkways of the town;
(31) Taxicabs. To regulate and license vehicles oper-
ated for hire in the town; to limit the number of such
vehicles; to require the operators thereof to be licensed;
to require public liability insurance on such vehicles in
the amounts to be prescribed by ordinance; and to regu-
late and rent parking spaces in public ways for the use
of such vehicles;
(32) Pensions. To provide and maintain a system of
pensions and retirement for officers and employees of
the town;
(33) Special assessments. To levy and provide for the
collection of special assessments to cover the costs of any
public improvements;
GEORGIA LAWS 1985 SESSION
4047
(34) Contracts. To enter into contracts and agree-
ments with other governmental entities and with private
persons, firms, and corporations providing for services
to be made therefor;
(35) Town agencies and delegation of power. To cre-
ate, alter, or abolish departments, boards, offices, commis-
sions, and agencies of the town and to confer upon such
agencies the necessary and appropriate authority for car-
rying 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
Act 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 orga-
nize and operate a fire-fighting agency;
(38) Emergencies. To establish procedures for deter-
mining and proclaiming that an emergency situation ex-
ists within or without the town and to make and carry
out all reasonable provisions deemed necessary to deal
with or meet such an emergency for the protec-
tion, safety, health, or well-being of the citizens of the
town;
(39) Urban redevelopment. To organize and operate
an urban redevelopment program;
(40) Public transportation. To organize such public
transportation systems as are deemed beneficial;
(41) General health, safety, and welfare. To define,
regulate, and prohibit any act, practice, conduct, or use
of property which is detrimental to the health, sanitation,
cleanliness, welfare, and safety of the inhabitants of the
town and to provide for the enforcement of such stan-
dards;
4048 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(42) Other powers. To exercise and enjoy all other
powers, functions, rights, privileges, and immunities nec-
essary or desirable to promote or protect the safety,
health, peace, security, good order, comfort, convenience,
or general welfare of the town and its inhabitants; to
exercise all implied powers necessary to carry into execu-
tion all powers granted in this Act 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
Act shall be held to be exclusive of others nor restrictive
of general words and phrases granting powers but shall
be held to be in addition to such powers unless expressly
prohibited to municipalities under the Constitution or
applicable laws of the State of Georgia.
Section 1.13. Exercise of powers. All powers, functions,
rights, privileges, and immunities of the town, its officers, agen-
cies, or employees shall be carried into execution as provided
by this Act. If this Act makes no provision, such shall be carried
into execution as provided by ordinance or as provided by perti-
nent laws of the State of Georgia.
ARTICLE II
GOVERNING BODY
Section 2.10. Creation; composition; number; election. The
governing authority of this town shall be composed of a mayor
and six councilmen who shall be elected in the manner provided
by Article V of this Act.
Section 2.11. Terms and qualifications of office. The mem-
bers of the governing body shall serve for terms of two years
and until their respective successors are elected and qualified.
No person shall be eligible to serve as mayor or councilman
unless he shall have been a resident of the town for a period
of two years immediately prior to the date of the election of
mayor or members of the council and shall continue to reside
therein during his period of service and shall be registered and
qualified to vote in municipal elections of the town.
Section 2.12. Vacancy; filling of; forfeiture of office, (a) The
office of mayor or councilman shall become vacant upon the
GEORGIA LAWS 1985 SESSION
4049
incumbents death, resignation, forfeiture of office, or removal
from office in any manner authorized by this Act 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 Act.
(c) 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 Act or
the laws of the State of Georgia;
(2) Willfully and knowingly violates any express
prohibition of this Act; or
(3) Is convicted of a crime involving moral turpitude.
Section 2.13. Prohibitions. Except as authorized by law,
no member of the council shall hold any other elective town
office or town employment during the term for which he was
elected.
Section 2.14. Compensation and expenses. The salaries of
the mayor and town council of Byromville shall be fixed by
said mayor and town council at the first regularly scheduled
meeting of the town council immediately following the regular
election in December of each year except as otherwise limited
by the general laws of the State of Georgia. The mayor and
councilmen shall be entitled to receive their actual and neces-
sary expenses incurred in the performance of their duties.
Section 2.15. Code of ethics. The council may enact by
ordinance a code of ethics which shall apply to all elected offi-
cials, appointed officers, and employees of the town.
Section 2.16. Inquiries and investigations. The council
may make inquiries and investigations into the affairs of the
town and the conduct of any department, office, or agency
thereof and for this purpose may subpoena witnesses, administer
oaths, take testimony, and require the production of evidence.
4050 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 Act, the coun-
cil shall be vested with all the powers of government of this
town as provided by Article I of this Act.
(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 regu-
lations not inconsistent with this Act, 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, conve-
nience, prosperity, or well-being of the inhabitants of this town.
The council may enforce such ordinances by imposing penalties
for the violation thereof.
(c) The council may by ordinance create, change, alter, abol-
ish, or consolidate offices, agencies, and departments of the town
and may assign additional functions to any of the offices, agen-
cies, and departments expressly provided for by this Act.
Section 2.18. Chief executive officer. The mayor shall be
the chief executive officer of this town. He shall possess all of
the executive and administrative powers granted to the town
under the Constitution and laws of the State of Georgia and
all the executive and administrative powers contained in this
Act.
Section 2.19. Powers and duties of mayor. As the chief
executive of this town, the mayor:
(1) Shall see that all laws and ordinances of the town
are faithfully executed;
(2) Shall preside at all meetings of the mayor and
council and vote in the event of a tie vote among the
council;
(3) Shall appoint and remove all officers, depart-
ment heads, and employees of the town by and with the
consent of council except as otherwise provided for in
this Act;
GEORGIA LAWS 1985 SESSION
4051
(4) Shall exercise supervision over all executive and
administrative work of the town and provide for the coor-
dination of administrative activities;
(5) May prepare and submit to the council a recom-
mended annual operating budget and recommended capi-
tal budget;
(6) May submit to the council at least once a year
a statement covering the financial conditions of the town
and, from time to time, such other information as the
council may request;
(7) Shall recommend to the council such measures
relative to the affairs of the town, improvement of the
government, and promotion of the welfare of its inhabit-
ants as he may deem expedient;
(8) Shall call special meetings of the council as pro-
vided for in subsection (b) of Section 2.23;
(9) Shall approve or disapprove ordinances as pro-
vided in Section 2.20;
(10) May examine and audit all accounts of the town;
(11) Shall require any department or agency of the
town to submit written reports whenever he deems it
expedient; and
(12) Shall perform other duties as may be required
by general state law, this Act, or ordinance.
Section 2.20. Submission of ordinances to the mayor; veto
power, (a) Every ordinance adopted by the council shall be pre-
sented promptly by the clerk to the mayor.
(b) The mayor, within ten calendar days of receipt of an
ordinance, shall return it to the clerk with or without his ap-
proval or with his disapproval. If the ordinance has been ap-
proved 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
4052 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
after its adoption; if the ordinance is disapproved, the mayor
shall submit to the council through the clerk a written statement
of his reasons for his veto. The clerk shall record upon the ordi-
nance 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 coun-
cil 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 subse-
quently passed by the council over the mayors veto as provided
herein. The reduced part or parts shall be presented to council
as though disapproved and shall become law unless overridden
by council as in subsection (c) above.
Section 2.21. Mayor pro tempore; selection; duties. The
council shall elect by majority vote from among its members
a mayor pro tempore who shall assume the duties and powers
of the mayor upon the mayors disability or absence. The council
shall elect an acting mayor pro tempore from among its mem-
bers for any period in which the mayor pro tempore is disabled,
absent, or acting as mayor. Any such absence or disability shall
be declared by majority vote of all members of the council.
Section 2.22. Organization meeting, (a) The council shall
meet for organization on the first scheduled meeting in January
next following the town election. The meeting shall be called
to order by the town clerk and the oath of office shall be adminis-
tered to the newly elected members as follows:
"I do solemnly swear that I will well and truly perform
the duties of (mayor or councilman as the case may be) of
this town and that I will support and defend the charter
thereof as well as the Constitution and laws of the State
of Georgia and of the United States of America.
(b) Following the induction of members, the council by ma-
jority vote of all the members thereof shall elect one of their
number to be mayor pro tempore. The mayor pro tempore shall
GEORGIA LAWS 1985 SESSION
4053
serve for a term of one year and until his successor is elected
and qualified.
Section 2.23. Regular and special meetings, (a) The council
shall hold regular meetings at such times and places as pre-
scribed by ordinance. The council may recess any regular meet-
ing 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 spe-
cial meetings shall be served on all other members personally,
or by telephone, or shall be left at their residences in advance
of the meeting. Such notice shall not be required if the mayor
and all councilmen are present when the special meeting is
called. Notice of any special meeting may be waived in writing
before or after such meeting and attendance at the meeting
shall constitute a waiver of notice of any special meeting. Only
the business stated in the call may be transacted at the special
meeting, except by unanimous consent of all members present.
With such consentj 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 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 Act and shall provide for keeping a journal
of its proceedings which shall be a public record.
Section 2.25. Quorum, voting. Four councilmen shall con-
stitute 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
Act.
4054 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2.26. Action requiring an ordinance, (a) Except
as herein provided, every official action of the council which
is to become law shall be by ordinance. Each proposed ordinance
or resolution shall be introduced in writing and in the form
required for final adoption. No ordinance shall contain a subject
which is not expressed in its title. The enacting clause shall
be: "The Council of the Town of Byromville 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.
Section 2.27. Codes of technical regulations, (a) The coun-
cil 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 town clerk
pursuant to Section 2.28 of this Act.
(b) Copies of any adopted code of technical regulations may
be made available by the town clerk for distribution or for pur-
chase at a reasonable price.
Section 2.28. Signing, authenticating, recording, codifica-
tion, printing, (a) The town clerk shall authenticate by his signa-
ture and record in full in a properly indexed book kept for the
purpose all ordinances adopted by council. Every ordinance shall
be signed by the mayor after adoption.
(b) The council shall provide for the preparation of a gen-
eral codification of all of the ordinances of the town. The general
codification shall be adopted by the council by ordinance and
shall be published promptly, together with all amendments
thereto, with this charter and any amendments thereto, and
such codes of technical regulations and other rules and regula-
tions as the town council may specify. This compilation shall
be known and cited officially as "The Code of the Town of Byrom-
ville, Georgia. Copies of the code may be furnished to all officers,
departments, and agencies of the town and shall be made availa-
GEORGIA LAWS 1985 SESSION
4055
ble for purchase by the public at a reasonable price as fixed
by the council.
(c) The council shall cause each ordinance and each amend-
ment to this charter to be printed promptly following its adop-
tion. Following publication of the first code of this town and
at all times thereafter, the ordinances and charter amendments
shall be printed in substantially the same style as the code
currently in effect and shall be suitable in form for incorporation
therein. The council shall make such further arrangements as
deemed desirable with respect to reproduction and distribution
of any current changes in or additions to codes of technical
regulations and other rules and regulations included in the code.
ARTICLE III
ADMINISTRATIVE AFFAIRS
Section 3.10. Administrative and service departments, (a)
Except as otherwise provided in this Act, the council shall pre-
scribe the functions or duties and establish, abolish, or alter
all nonelective offices, positions of employment, departments,
and agencies of the town as necessary for the proper administra-
tion of the affairs and government of this town.
(b) Except as otherwise provided by this Act or general
state law, department heads and other appointed officers of the
town shall be appointed solely on the basis of their respective
administrative and professional qualifications as shall be pre-
scribed by the governing authority.
(c) All appointive officers and department heads shall re-
ceive such compensation as prescribed by council.
(d) There may be a director of each department or agency
who shall be its principal officer. Each director may, subject
to the direction and supervision of the mayor, be responsible
for the administration and direction of the affairs and operations
of his department or agency.
(e) All directors under the supervision of the mayor shall
be nominated by the mayor with confirmation of appointment
by the council. The mayor may suspend or remove directors
under his supervision. The director involved may appeal to the
4056 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
council who, after a hearing, may override the mayors 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 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
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 appoint-
ment is prescribed by this Act or general state law.
(c) The council may provide for the compensation and reim-
bursement for actual and necessary expenses of the members
of any board, commission, or authority.
(d) Any vacancy on a board, commission, or authority of
the town shall be filled for the unexpired term in the manner
prescribed herein for original appointment, except as otherwise
provided by this Act or general state law.
(e) No member of a board, commission, or authority shall
assume office until he has executed and filed with the clerk of
the town an oath obligating himself to perform faithfully and
impartially the duties of his office, such oath to be administered
by the mayor.
(f) Any member of a board, commission, or authority may
be removed from office for cause by a vote of four members of
the council.
(g) Except as otherwise provided by this Act 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 inconsis-
tent with this Act, ordinances of the town, or general state
GEORGIA LAWS 1985 SESSION
4057
law, as it deems appropriate and necessary for the fulfillment
of its duties or the conduct of its affairs, copies of which shall
be filed with the clerk of the town.
Section 3.12. Town attorney. The council may appoint a
town attorney, together with such assistant town attorneys as
may be authorized, and shall provide for the payment of such
attorney or attorneys for services rendered to the town. The
town attorney shall be responsible for representing and defend-
ing the town in all litigation in which the town is a party; may
be the prosecuting officer in the municipal court; shall attend
the meetings of the council as directed; shall advise the council,
mayor, and other officers and employees of the town concerning
legal aspects of the towns affairs; and shall perform such other
duties as may be required of him by virtue of his position as
town attorney.
Section 3.13. Town clerk. The council may appoint a town
clerk to keep a journal of the proceedings of the town council;
to maintain in a safe place all records and documents pertaining
to the affairs of the town; and to perform such other duties as
may be required by law or as the council may direct.
Section 3.14. Tax collector. The council may appoint a tax
collector to collect all taxes, licenses, fees, and other moneys
belonging to the town subject to the provisions of this Act and
the ordinances of the town. 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 munici-
palities.
Section 3.15. Town accountant. The council may appoint
a town accountant to perform the duties of an accountant.
Section 3.16. Consolidation of functions. The council may
consolidate any two or more of the positions of town clerk, town
tax collector, and town accountant, or any other positions or
may assign the functions of any one or more of such positions
to the holder or holders of any other positions.
Section 3.17. Position classification and pay plans. The
mayor may be responsible for the preparation of a position classi-
fication and pay plan which shall be submitted to the council
4058 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
for approval upon request by the council. Said plans may apply
to all employees of the town and any of its agencies, depart-
ments, boards, commissions, or authorities. When a pay plan
has been adopted, the council shall not increase or decrease
the salaries of individual employees except by amendment of
said pay plan. For purposes of this section, all elected and ap-
pointed town officials are not town employees.
Section 3.18. Personnel policies. The council may adopt
rules and regulations consistent with this Act concerning:
(1) The method of employee selection and probation-
ary 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 man-
ner in which layoff shall be effected;
(4) Such dismissal hearings as due process may re-
quire; and
(5) Such other personnel policies as may be neces-
sary to provide for adequate and systematic handling
of personnel affairs.
ARTICLE IV
MUNICIPAL COURT
Section 4.10. Creation of recorders court. There is estab-
lished a court to be known as the recorders court of the town
which shall have jurisdiction and authority to try offenses
against the laws and ordinances of the town and to punish for
a violation of the same.
Section 4.11. Chief judge, associate judge, (a) The record-
ers court shall be presided over by a chief judge and such part-
time, full-time, or standby associate judges as shall be provided
by ordinance.
GEORGIA LAWS 1985 SESSION
4059
(b) No person shall be qualified or eligible to serve as a
judge on the recorders court unless he shall have attained the
age of 21 years and be a resident of the same judicial circuit
as the recorders court is located in. All judges shall be appointed
by the council.
(c) Compensation of the judge or judges of the recorders
court shall be as determined by majority vote of council.
(d) The recorders court judge or judges may be removed
for cause by a unanimous vote of the council.
(e) Before entering on the duties of his office, the judge
shall take an oath given by the mayor that he will honestly
and faithfully discharge the duties of his office to the best of
his ability without fear, favor, or partiality which shall be en-
tered upon council minutes.
Section 4.12. Convening. The recorders court shall be con-
vened at regular intervals as designated by council or at such
times as deemed necessary by the judge to keep current the
dockets thereof.
Section 4.13. Jurisdiction; powers, (a) The recorders court
shall try and punish for crimes against the town and for viola-
tion of its ordinances. The recorders court shall have authority
to punish those in its presence for contempt, provided that such
punishment shall not exceed $200.00. The recorders court may
fix punishment for offenses within its jurisdiction not exceeding
a fine of $1,000.00 or imprisonment for 60 days or both. As an
alternative to fine or imprisonment, the recorders court may
sentence any offender upon conviction to labor in a town work
gang or on the streets, sidewalks, squares, or other public works
for a period not exceeding 60 days.
(b) The recorders court shall have authority to establish
a schedule of fees to defray the costs of operation and shall be
entitled to reimbursement of the costs of meals, transportation,
and caretaking of prisoners bound over to superior courts for
violations of state law.
(c) The recorders court shall have authority to establish
bail and recognizances to ensure the presence of those charged
4060 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 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, for-
feited to the town or the property so deposited shall have a
lien against it for the value forfeited, which lien shall be enforce-
able in the same manner and to the same extent as a lien for
town property taxes.
(d) The recorders court shall have the authority to bind
prisoners over to the appropriate court when it appears by prob-
able cause that a state law has been violated.
(e) The recorders court shall have the same authority as
superior courts to compel the production of evidence in the pos-
session of any party; to enforce obedience to its orders, judg-
ments, and sentences; and to administer such oaths as are neces-
sary.
(f) The recorders court may compel the presence of all
parties necessary to a proper disposal of each case by the is-
suance of summonses, subpoenas, and warrants which may be
served as executed by any officer as authorized by this Act or
by state law.
(g) The recorders court is specifically vested with all the
jurisdiction and power throughout the entire area of the town
granted by general state laws generally to mayors, recorders,
and police courts and particularly by such laws as authorize
the abatement of nuisances and prosecution of traffic violations.
Section 4.14. Appeal. The right of appeal and any bond
as may be required to secure the costs on appeal to the Superior
Court of Dooly County from the recorders court shall lie in
the same manner and under the same procedure as generally
GEORGIA LAWS 1985 SESSION
4061
prescribed for appeals and appeal bonds from the probate court;
provided, however, that any person who fails to file his appeal
within 30 days of the date of his conviction shall be deemed
to have waived any such right. An appeal to the superior court
shall be a de novo proceeding.
Section 4.15. Rules for court. With the approval of the
council, the judge shall have full power and authority to make
reasonable rules and regulations necessary and proper to secure
the efficient and successful administration of the recorders
court; provided, however, that the council may adopt in part
or in toto the rules and regulations relative to the procedure
of the operation of the superior court under the general laws
of the State of Georgia. The rules and regulations made or
adopted for said court shall be filed with the town clerk and
shall be available for public inspection upon request.
ARTICLE V
ELECTIONS
Section 5.10. Applicability of general laws. The procedures
and requirements for election of all elected officials of the Town
of Byromville 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., known as the "Georgia Municipal Election
Code.
Section 5.11. Election of council and mayor, (a) On the
first Wednesday of December, 1985, and on said date biennially
thereafter, there shall be an election for the mayor and three
councilmen. For the period beginning when the mayor and three
councilmen elected as provided in this subsection take office
and ending when the first three councilmen elected under sub-
section (b) hereof take office, the governing authority of the
Town of Byromville shall be composed of the mayor and three
councilmen elected under this subsection and three councilmen
elected under the former charter of the Town of Byromville
whose regular terms of office will expire at the time the first
three councilmen elected under subsection (b) of this section
take office.
(b) On the first Wednesday in December, 1986, and on said
date biennially thereafter, three councilmen shall be elected
4062 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
to serve two-year terms. Thereafter, the mayor and councilmen
shall be elected on the same date in the order of expiration of
terms of those so elected such that a continuing body is created.
(c) The terms of office of the mayor and councilmen elected
as provided in this section shall begin upon their taking the
oath of office as provided for in Section 2.22 of this Act.
Section 5.12. Special elections; vacancies. In the event that
the office of mayor or council member shall become vacant for
any cause whatsoever, the council or those remaining shall order
a special election to fill the balance of the unexpired term of
such office; provided, however, if such vacancy occurs within
six months of the expiration of the term of that office, the council
of those remaining shall appoint a successor for the remainder
of the term or may leave such office vacant pending the next
regular election. In all other respects, the special election shall
be held and conducted in accordance with the provisions of Chap-
ter 3 of Title 21 of the O.C.G.A, known as the "Georgia Munici-
pal Election Code.
Section 5.13. Nonpartisan elections. Political parties shall
not conduct primaries for town offices and all names of candi-
dates for town offices shall be listed without party labels.
Section 5.14. Other provisions. Except as otherwise pro-
vided by this Act, the council shall, by ordinance, prescribe such
rules and regulations it deems appropriate to fulfill any options
and duties required under Chapter 3 of Title 21 of the O.C.G.A.,
known as the "Georgia Municipal Election Code.
Section 5.15. Grounds for removal. The mayor, council
members, or others provided for in this Act shall be removed
from office for any one or more of the following causes:
(1) Incompetence, misfeasance, or malfeasance in of-
fice;
(2) Conviction of a crime involving moral turpitude;
(3) Failure at any time to possess any of the qualifi-
cations of office as provided by this Act or by law;
(4) Knowingly violate any express prohibition of this
Act;
GEORGIA LAWS 1985 SESSION
4063
(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 Act or by law.
Section 5.16. Procedure for removal. Removal of an above-
described officer may be accomplished by one of the following
methods:
(1) By majority vote of the full council after an inves-
tigative hearing, the officer to be removed not voting if
he is a member of the council. In the event an elected
officer is sought to be removed by the action of the council,
such officer shall be entitled to a written notice specifying
the ground for removal and to a public hearing which
shall be held not less than ten days after the service of
such written notice. Any elected officer sought to be re-
moved from office as herein provided shall have the right
of appeal from the decision of the council to the Superior
court of Dooly 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
Dooly County as provided by law.
ARTICLE VI
FINANCE
Section 6.10. Property tax. The council may assess, levy,
and collect an ad valorem tax on all real and personal property
within the corporate limits of the town that is subject to such
taxation by the state and county. This tax is for the purpose
of raising revenues to defray the costs of operating the town
government; providing governmental services; for the repay-
ment of principal and interest on general obligations; and for
any other public purpose as determined by the council in its
discretion.
Section 6.11. Millage rate, due dates, payment methods.
The council by ordinance shall establish a millage rate for the
town property tax; a due date; and in what length of time these
4064 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
taxes must be paid. The council, by ordinance, may provide
for the payment of these taxes by installments or in one lump
sum, as well as to authorize the voluntary payment of taxes
prior to the time when due. The tax rate set by such ordinance
shall be such that reasonable estimates of revenues from such
levy shall at least be sufficient, together with other anticipated
revenues, fund balances, and applicable reserves, to equal the
total amount approximated for each of the several funds set
forth in the annual operating budget for defraying the expenses
of the general government of the town.
Section 6.12. Occupation and business taxes. The council
by ordinance shall have the power to levy such occupation or
business taxes as are not denied by general state law. Such
taxes may be levied on both individuals and corporations who
transact business in the town or who practice or offer to practice
any profession or calling therein to the extent such persons
have a constitutionally sufficient nexus to the town to be so
taxed. The council may classify businesses, occupations, profes-
sions, or callings for the purpose of such taxation in any way
which may be lawful and compel the payment of such taxes
as provided in this article.
Section 6.13. License, permits, fees. The council by ordi-
nance shall have the power to require any individuals or corpo-
rations who transact business in this town or who practice or
offer to practice any profession or calling therein to obtain a
license or permit for such activity from the town and pay a
reasonable fee for such license or permit where such activities
are not now regulated by general state law in such a way as
to preclude town regulation. Such fees may reflect the total
cost to the town of regulating the activity and if unpaid shall
be collected as provided in this article for delinquent taxes and
fees. The council by ordinance may establish reasonable require-
ments for obtaining or keeping such licenses as the public
health, safety, and welfare necessitates.
Section 6.14. Service charges. The council by ordinance
shall have the power to assess and collect fees, charges, and
tolls for sewer, sanitary, or health services, or any other services
rendered within and without the corporate limits of the town,
for the total cost to the town on providing such services. If un-
paid, such charges shall be collected as provided in this article
for delinquent taxes and fees.
GEORGIA LAWS 1985 SESSION
4065
Section 6.15. Special assessments. The council shall have
power and authority to assess all or part of the cost of construct-
ing, reconstructing, widening, or improving any public way,
street, sidewalk, curbing, gutters, sewers, or other utility mains
and appurtenances from 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 sub-
ject 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 town property taxes. Said lien shall
be enforceable by the same procedures and under the same reme-
dies as provided for in this article for town property taxes.
Section 6.16. Construction, other taxes. The town shall be
empowered to levy any other tax allowed now or hereafter by
state law and the specific mention of any right, power, or author-
ity in this article shall not be construed as limiting in any way
the general powers of the town to govern its local affairs.
Section 6.17. Collection of delinquent taxes and fees. The
council by ordinance may provide generally for the collection
of delinquent taxes, fees, or other revenue due the town by
whatever reasonable means as are not precluded by general
state law. This shall include providing for the dates when the
taxes or fees are due; late penalties or interest; issuance and
execution of fi. fas.; creation and priority of liens; making delin-
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 of transfer of tax executions.
Section 6.18. Transfer of executions. The town clerk shall
be authorized to assign or transfer any fi. fa. or execution issued
for any tax or for any street, sewer, or other assessment in
the same manner and to the same extent as provided by Georgia
law regarding sales and transfers of tax fi. fas. Such transfer
or assignment, when made, shall vest the purchaser or trans-
feree with all right, title, and interest as provided by Georgia
law governing sales and transfers of tax fi. fas.; provided, how-
ever, that upon levy of execution and sale of property pursuant
4066 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
to such tax fi. fa., whether assigned, transferred, or executed
by the town, the owner of such property in fee simple or lesser
interest shall not lose his right to redeem the property in accor-
dance with the requirements of redemption of property sold
under state or county ad valorem tax fi. fas., as said require-
ments now exist or as may be hereinafter provided by law.
Section 6.19. General obligation bonds. The council shall
have the power to issue bonds for the purpose of raising revenue
to carry out any project, program, or venture authorized under
this Act or the general laws of the state. Such bonding authority
shall be exercised in accordance with the laws governing bond
issuances by municipalities in effect at the time said issue is
undertaken.
Section 6.20. Revenue bonds. Revenue bonds may be issued
by the council as provided by Article 3 of Chapter 82 of Title
36 of the O.C.G.A., known as the "Revenue Bond Law.
Section 6.21. Short-term notes. The town must obtain and
repay any short-term loans between January 1 and December
31 of each year or as is otherwise provided by present or future
state law.
Section 6.22. Fiscal year. The council shall set the fiscal
year by ordinance. Said fiscal year shall constitute the budget
year and the year for financial accounting and reporting of each
and every office, department, agency, and activity of the town
government, unless otherwise provided by general state or fed-
eral law.
Section 6.23. Preparation of budgets. The council may pro-
vide an ordinance on the procedures and requirements for the
preparation and execution of an annual operating budget, a
capital improvement program, and a capital budget, including
requirements as to the scope, content, and form of such budgets
and programs.
Section 6.24. Additional appropriations. The council may
make appropriations in addition to those contained in the cur-
rent operating budget at any regular or 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.
GEORGIA LAWS 1985 SESSION
4067
Section 6.25. Capital improvements budget, (a) The mayor
may submit to the council a proposed capital improvements
budget with his recommendations as to the means of financing
the improvements proposed for the ensuing fiscal year. The
council shall have power to accept with or without amendments
or reject the proposed program and proposed means of financing.
The council shall not authorize an expenditure for the construc-
tion 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 threat-
ening the lives, health, or property of the inhabitants, provided
that such authorization is passed by majority vote of the council.
(b) No appropriation provided for in the capital improve-
ments budget shall lapse until the purpose for which the appro-
priation was made shall have been accomplished or abandoned;
provided, however, that the mayor may submit amendments
to the capital improvements budget, accompanied by his recom-
mendations thereon, any time during the fiscal year. Any such
amendments to the capital improvements budget shall become
effective only upon adoption by a vote of the council.
Section 6.26. Independent audit. There shall be an annual,
independent audit of all town accounts, funds, and financial
transactions by a certified public accountant selected by the
council. The audit shall be conducted according to generally
accepted governmental accounting principles. Any audit of any
funds of the state or federal governments may be accepted as
satisfying the requirements of this Act. Copies of all audit re-
ports shall be available at printing cost to the public.
Section 6.27. Contracting procedures. No contract with the
town shall be binding on the town unless:
(1) It is authorized by the council and such approval
is entered in the council minutes; and
(2) It is in writing and signed by the officer desig-
nated by the council to execute contracts on behalf of
the town.
Section 6.28. Centralized purchasing. The council may by
ordinance prescribe procedures for a system of centralized pur-
chasing for the town.
4068 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 6.29. Sale of town property, (a) The council may
sell and convey any real or personal property owned or held
by the town for governmental or other purposes as provided
by Code Section 36-37-6 of the O.C.G.A.
(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 prop-
erty is not needed for public or other purposes and that the
interest of the town has no readily ascertainable monetary
value.
(c) Whenever in opening, extending, or widening any street,
avenue, alley, or public place of the town, a small parcel or
tract of land is cut off or separated by such work from a larger
tract or boundary of land owned by the town, the council may
authorize the mayor to execute and deliver in the name of the
town a deed conveying said cut-off or separated parcel or tract
of land to an abutting or adjoining property owner or owners
in exchange for rights of way of said street, avenue, alley, or
public place or in settlement of any alleged damages sustained
by said abutting or adjoining property owner. All deeds and
conveyances heretofore and hereafter so executed and delivered
shall convey all title and interest the town has in such property,
notwithstanding the fact that no public sale after advertisement
was or is hereafter made.
ARTICLE VII
GENERAL PROVISIONS
Section 7.10. Eminent domain. The council is empowered
to acquire, construct, operate, and maintain public ways, parks,
public grounds, cemeteries, markets, market houses, public
buildings, libraries, sewers, drains, sewage treatment, water-
works, electrical systems, gas systems, airports, hospitals and
charitable, educational, recreational, sport, curative, corrective,
detentional, penal, and medical institutions, agencies, and facili-
ties and any other public improvements inside or outside the
town, and to regulate the use thereof, and for such purposes,
property may be taken under Chapter 2 of Title 22 of the
O.C.G.A., relating to condemnation procedure generally.
Section 7.11. Franchises. The council shall have the power
to grant franchises for the use of the towns streets and alleys,
GEORGIA LAWS 1985 SESSION
4069
for the purposes of railroads, street railways, telephone compa-
nies, electric companies, and other similar organizations. The
council shall determine the duration, provisions, terms, whether
the same shall be exclusive or nonexclusive, and the consider-
ation 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 council shall provide for the regis-
tration of all franchises with the town clerk in a registration
book to be kept by him. The council may provide by ordinance
for the registration within a reasonable time of all franchises
previously granted.
Section 7.12. Official bonds. The officers and employees
of the town, both elective and appointive, shall execute such
official bonds in such amounts and upon such terms and condi-
tions as the council may from time to time require by ordinance
or as may be provided by state law.
Section 7.13. Existing ordinances, resolutions, rules, and
regulations. All ordinances, bylaws, resolutions, rules, and regu-
lations now in force in the town not inconsistent with this Act,
are declared valid and of full effect and force until amended
or repealed by the council.
Section 7.14. Existing personnel and officers. Except as
specifically provided otherwise by this Act, all personnel and
officers of the town and their rights, privileges, and powers shall
continue beyond the time this Act takes effect for a period of
60 days before or during which the existing council shall pass
a transition ordinance detailing the changes in personnel and
appointive officers required or desired and arranging such titles,
rights, privileges, and powers as may be required or desired
to allow a reasonable transition.
Section 7.15. Pending matters. Except as specifically pro-
vided otherwise by this Act, all rights, claims, actions, orders,
contracts, and legal or administrative proceedings shall con-
tinue and any such ongoing work or cases shall be dealt with
by such town agencies, personnel, or offices as may be provided
by the council.
Section 7.16. Penalties. The violation of any provisions of
this Act for which penalty is not specifically provided for herein
4070 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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
60 days or both such fine and imprisonment.
Section 7.17. Construction, (a) Section captions in this Act
are informative only and are not to be considered as a part
thereof.
0>) The word "shall is intended to be mandatory and the
word "may is not.
(c) The word "town shall mean the Town of Byromville,
Georgia, and its governing authority.
(d) The word "council shall mean the town council of this
town.
(e) The singular shall include the plural and the masculine
the feminine and vice versa.
Section 7.18. Specific Act repealed. An Act incorporating
the Town of Byromville in the County of Dooly, approved August
19, 1905 (Ga. L. 1905, p. 690), is repealed in its entirety and
all amendatory Acts thereto are likewise repealed in their en-
tirety.
Section 7.19. Effective dates. For the purpose of holding
the elections provided for in Section 5.11 of this Act, this Act
shall become effective upon its approval by the Governor or
upon its otherwise becoming law without his approval. For all
other purposes, this Act shall become effective when the mayor
and councilmen elected under subsection (a) of Section 5.11 of
this Act take their oaths of office.
Section 7.20. Repealer. All laws and parts of laws in con-
flict with this Act are repealed.
Public Notice.
Notice is hereby given that there will be introduced in the
1985 regular season of the General Assembly of Georgia a bill
to provide a new charter for the Town of Byromville, Georgia,
to provide for all matters relative thereto and for other purposes.
GEORGIA LAWS 1985 SESSION
4071
Howard Rainey,
Representative
135th District
Rooney L. Bowen, Jr.,
Senator
13th District
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: February 21, 1985.
/s/ Rooney L. Bowen
Senator,
13th District
Sworn to and subscribed before me,
this 26th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 20, 1985.
4072 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CITY OF SMYRNA MAYOR AND COUNCILMEN; TERMS
OF OFFICE; REFERENDUM.
No. 187 (Senate Bill No. 286).
AN ACT
To amend an Act creating a new charter for the City of
Smyrna, approved August 27, 1931 (Ga. L. 1931, p. 955), as
amended, so as to provide for terms 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 creating a new charter for the City of
Smyrna, approved August 27, 1931 (Ga. L. 1931, p. 955), 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 corporate powers of the City of Smyrna
shall be vested in a mayor and seven councilmen. One coun-
cilman shall be elected from each of the seven wards pro-
vided for hereinafter and shall be elected only by the voters
of the ward from which he offers as a candidate. The mayor
and the four councilmen elected from Wards 1, 3, 5, and 7
shall be elected on the first Tuesday in November, 1987,
for an initial term of office of four years. The three council-
men elected from Wards 2, 4, and 6 shall be elected on the
first Tuesday in November, 1987, for an initial term of office
of two years. The mayor and seven councilmen shall take
office on the first Monday in January, 1988, and shall serve
until their respective successors are elected and qualified.
Their successors shall be elected quadrennially on the first
Tuesday in November preceding the expiration of the term
of office.
Section 2. A referendum shall be held on the first Tuesday
in November, 1985, for the purpose of submitting this Act to
GEORGIA LAWS 1985 SESSION
4073
the electors of the City of Smyrna for approval or rejection.
The superintendent shall cause the date and purpose of the
referendum to be published once a week for two weeks immedi-
ately preceding the date thereof in the official organ of the City
of Smyrna. The ballot shall have written or printed thereon
the words:
"( ) YES Shall the Act changing the terms of
office of the mayor and council of the
( ) NO City of Smyrna and providing for
staggered four-year terms of office for
the councilmen 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
Smyrna. 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 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 1985 Session of the General Assembly of Georgia, a
bill to amend the charter of the City of Smyrna, (Ga. L. 1931,
p. 955 as heretofore amended; and for other purposes.
This 4th day of January, 1985.
4074 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Roy E. Barnes
Haskew Brantley
Jim Tolleson
Carl Harrison
Joe Mack Wilson
A. L. Burruss
Steve Thompson
Terry Lawler
Fred Aiken
Johnny Isakson
Bill Atkins
Frank Johnson
Tom Wilder
Bill Cooper
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Jim Tolleson, who, on oath,
deposes and says that he is Senator from the 32nd District,
and that the attached copy of Notice of Intention to Introduce
Local Legislation was published in the Marietta Daily Journal
which is the official organ of Cobb County, on the following
date: January 11, 1985.
/s/ Jim Tolleson
Senator,
32nd District
Sworn to and subscribed before me,
this 26th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 20, 1985.
GEORGIA LAWS 1985 SESSION
4075
CITY OF POWDER SPRINGS CORPORATE LIMITS.
No. 188 (Senate Bill No. 287).
AN ACT
To amend an Act providing a new charter for the City of
Powder Springs, approved March 13,1970 (Ga. L. 1970, p. 2760),
as amended, so as to change the corporate limits of the city;
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 a new charter for the City
of Powder Springs, approved March 13, 1970 (Ga. L. 1970, p.
2760), as amended, is amended by adding at the end of Section
1.02 the following to describe territory added to the city:
"All those tracts and parcels of land described as follows:
Tract No. 1
ALL that tract or parcel of land lying and being in Land
Lots 979 and 980 of the 19th District, 2nd Section, Cobb
County, Georgia, according to plat of survey prepared by
Kenco Engineering and Surveying Co., Inc., dated 12/12/
80, and being more particularly described as follows:
BEGINNING at a point on the Northeasterly right-of-
way of Highway 278 (60 foot right-of-way) 526.0 feet South-
easterly of the intersection of the Northeasterly right-of-way
of Highway 278 with the North land lot line of Land Lot
979 of said District and Section as measured along the North-
easterly right-of-way of Highway 278; thence running North
80 42' 47* East 180.0 feet to a point and corner; thence
running North 16 41' 44* East 41.04 feet to a point and
corner; thence running South 1 49' 47* West 157.05 feet
to a point and corner; thence running North 87 39' 58*
West 162.19 feet to a point on the Northeasterly right-of-
way of Highway 278; thence running North 15 15' 00* West
along the Northeasterly right-of-way of Highway 278, 85
4076 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
feet to a point and corner at the POINT OF BEGINNING.
Tract No. 2
ALL THAT TRACT or parcel of land lying and being
in Land Lots 979 and 980 of the 19th District, 2nd Section,
Cobb County, Georgia, according to plat of survey prepared
by Kenco Engineering and Surveying Co., Inc., dated May
28, 1980, and being more particularly described as follows:
BEGINNING at a point on the Northeasterly right of
way of Highway 278 (60 foot right of way) 611 feet Southeast-
erly of the intersection of the Northeasterly right of way
of Highway 278 with the North land lot line of Land Lot
979 of said District and Section as measured along the North-
easterly right of way of Highway 278; thence running South
87 39' 58' East 550 feet to an iron pin placed; thence run-
ning North 02 38' 28' East 200 feet to an iron pin placed;
thence running South 88 05' 37' East 346.53 feet to an
iron placed; thence running South 01 32' 08' West 399.09
feet to an iron pin found; thence running North 87 14' 21'
West 842.90 feet to an iron pin placed on the Northeasterly
right of way of Highway 278; thence running North
15 15' 00' West along the Northeasterly right of way of
Highway 278,199.51 feet to an iron pin placed at 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 in the
regular 1985 Session of the General Assembly of Georgia, a
bill to amend the charter of the City of Powder Springs (Ga.
L. 1920, p. 2760) as heretofore amended, and for other purposes.
This 4th Day of January, 1985.
GEORGIA LAWS 1985 SESSION
4077
Roy E. Barnes
Haskew Brantley
Jim Tollison
Carl Harrison
Joe Mack Wilson
A. L. Burruss
Steve Thompson
Terry Lawler
Fred Aiken
Johnny Isakson
Bill Atkins
Frank Johnson
Tom Wilder
Bill Cooper
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 11, 1985.
/s/ Roy E. Barnes
Senator,
33rd District
Sworn to and subscribed before me,
this 27th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 20, 1985.
4078 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
DeKALB COUNTY BOARD OF EDUCATION; ELECTIONS;
LOCAL CONSTITUTIONAL AMENDMENT CONTINUED.
No. 189 (Senate Bill No. 288).
AN ACT
To continue in force and effect as a part of the Constitution
of the State of Georgia that constitutional amendment providing
that the General Assembly shall have authority to create and
establish districts from which the members of the DeKalb
County Board of Education shall be elected and to provide the
manner of elections (Res. Act No. 22; H.R. 34-130A; Ga. L. 1947,
p. 1753, as amended by Res. Act No. 197; H.R. 669-1281; Ga. L.
1962, p. 998); to provide the authority for this Act; to repeal
conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. That constitutional amendment providing that
the General Assembly shall have authority to create and estab-
lish districts from which the members of the DeKalb County
Board of Education shall be elected and to provide the manner
of elections (Res. Act No. 22; H.R. 34-130A; Ga. L. 1947, p. 1753,
as amended by Res. Act No. 197; H.R. 669-1281; Ga. L. 1962,
p. 998), shall not be repealed or deleted on July 1, 1987, as a
part of the Constitution of the State of Georgia but is specifically
continued in force and effect on and after that date as a part
of the Constitution of the State of Georgia.
Section 2. This Act is passed pursuant to Article XI, Sec-
tion I, Paragraph IV of the Constitution of the State of Georgia
which authorizes the continuation of certain amendments to
the 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 regular
1985 session of the General Assembly of Georgia a bill to con-
GEORGIA LAWS 1985 SESSION
4079
tinue in force and effect as a part of the Constitution of the
State of Georgia that constitutional amendment providing that
the General Assembly shall have authority to create and estab-
lish districts from which the members of the DeKalb County
Board of Education shall be elected and to provide the manner
of elections (Res. Act No. 22; H.R. 34-130A; Ga. L. 1947, p. 1753,
as amended by Res. Act No. 197; H.R. 669-1281; Ga. L. 1962,
p. 998); and for other purposes.
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Lawrence Stumbaugh, who,
on oath, deposes and says that he is Senator from the 55th
District, and that the attached copy of Notice of Intention to
Introduce Local Legislation was published in the Decatur De-
kalb News/Era which is the official organ of Dekalb County,
on the following date: February 21, 1985.
/s/ Lawrence Stumbaugh
Senator,
55th District
Sworn to and subscribed before me,
this 28th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 20, 1985.
4080 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
DeKALB COUNTY AD VALOREM TAX FOR
EDUCATIONAL PURPOSES; LOCAL CONSTITUTIONAL
AMENDMENT CONTINUED.
No. 190 (Senate Bill No. 289).
AN ACT
To continue in force and effect as a part of the Constitution
of the State of Georgia that constitutional amendment directing
the county authorities of DeKalb County to levy a tax not exceed-
ing one mill for educational purpose (Res. Act No. 257; Ga. L.
1943, p. 20, as amended by Res. Act No. 74; H.R. 258-964; Ga. L.
1977, p. 1606); to provide the authority for this Act; to repeal
conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. That constitutional amendment directing the
county authorities of DeKalb County to levy a tax not exceeding
one mill for educational purpose (Res. Act No. 257; Ga. L. 1943,
p. 20, as amended by Res. Act No. 74; H.R. 258-964; Ga. L.
1977, p. 1606), shall not be repealed or deleted on July 1, 1987,
as a part of the Constitution of the State of Georgia but is specifi-
cally continued in force and effect on and after that date as a
part of the Constitution of the State of Georgia.
Section 2. This Act is passed pursuant to Article XI, Sec-
tion I, Paragraph IV of the Constitution of the State of Georgia
which authorizes the continuation of certain amendments to
the 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 regular
1985 session of the General Assembly of Georgia a bill to con-
tinue in force and effect as a part of the Constitution of the
State of Georgia that constitutional amendment directing the
GEORGIA LAWS 1985 SESSION
4081
county authorities of DeKalb County to levy a tax not exceeding
1 mill for educational purposes (Res. Act No. 257; Ga. L. 1943,
p. 20, as amended by Res. Act No. 74; H.R. 258-964; Ga. L.
1977, p. 1606); and for other purposes.
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Lawrence Stumbaugh, who,
on oath, deposes and says that he is Senator from the 55th
District, and that the attached copy of Notice of Intention to
Introduce Local Legislation was published in the Decatur De-
kalb News/Era which is the official organ of Dekalb County,
on the following date: February 21, 1985.
/s/ Lawrence Stumbaugh
Senator,
55th District
Sworn to and subscribed before me,
this 28th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 20, 1985.
4082 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
STATE COURT OF CHATHAM COUNTY COSTS AND
FEES.
No. 194 (House Bill No. 997).
AN ACT
To amend an Act creating the State Court of Chatham
County, approved December 18, 1819 (Ga. L. 1819, p. 16), as
amended, so as to change certain provisions relating to costs
and fees; to provide 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 Chatham
County, approved December 18, 1819 (Ga. L. 1819, p. 16), as
amended, is amended by adding a new section to be designated
Section 7A to read as follows:
"Section 7A. Notwithstanding any other provision of this
Act or any local law relating to the State Court of Chatham
County in effect on April 1,1985, all persons, firms, or corpo-
rations filing a suit, civil action, petition, motion, or other
legal proceeding which commences a civil legal action of
any kind, shall pay an advance deposit of $34.00 to the clerk
of the State Court of Chatham County. Such advance deposit
shall be paid at the time of the filing of such proceeding
and shall be applied to the payment of all court costs includ-
ing the charges of the clerk and the sheriff. An additional
fee shall also be paid at the time of such filing in the amount
of the current fee for recording writs of fieri facias in the
superior court general execution docket. Court costs shall
be computed as follows:
(1) For filing and docket actions,
complaints, etc.......................... $10.00
(2) For issuing summons or process,
first copy.....1........................ 4.00
Each copy after the first.................. 2.00
GEORGIA LAWS 1985 SESSION
4083
(3) For filing and docketing all pleadings
except motions or orders, each.............. 1.00
(4) For filing and docketing all motions, each. 2.00
(5) For issuing subpoena or summons to wit-
ness each. ................................ .50
(6) For filing and docketing all orders,
including judgments, verdicts, writs,
etc., each.................................. 5.00
(7) For issuing writ of fieri facias.............. 5.00
(8) For affidavit to obtain alias fi. fa.......... 5.00
(9) For docketing each Motion for new trial.. 10.00
(10) For docketing each motion for judgment
not withstanding the verdict............ 10.00
(11) For taking and approving all supersedeas
bonds.................................... 10.00
(12) For taking and approving all prejudgment
bonds............................................ 10.00
(13) For filing and docketing each appeal to
the appellate division.................... 10.00
(14) For filing and docketing each traverse to
garnishment............................ 10.00
(15) For preparation of record and transcript
to the Supreme Court or the Court of
Appeals, per page........................... 1.50
(16) For entering remittitur from Supreme
Court or Court of Appeals..'./......I:....!. 5.00
(17) For affidavit where no cause is pending...... 3.00
(18) For providing uncertified photocopies of
documents in clerks office, per page....... .25
4084 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(19) For true copies of documents, per page.. .50
(20) For certification of records................ 3.00
Plus, per page................................ .25
(21) For exemplification of records.............. 5.00
Plus, per page.............................. .25
(22) For clerks certificate................... 1.50
(23) For each return made by the sheriff..... 20.00
Each additional return made by sheriff at
the same address and at the same time. 4.00
(24) For summoning each witness.................. 4.50
(25) For each levy by writ of fieri facias... 15.00
(26) For search and return of nulla bona..... 10.00
(27) For dispossessing tenant or intruder.... 15.00
(28) For settling each execution without sale.... 10.00
(29) For levy by attachment .................. 15.00
(30) For levy by writ of possession............ 15.00
Section 2. This Act shall become effective on April 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 1985 session of the General Assembly of Georgia, a bill
to amend an Act approved December 18, 1819 (Ga. L. 1819,
GEORGIA LAWS 1985 SESSION
4085
pg. 16), as amended, so as to change the amount of certain filing
and other fees in the State Court of Chatham County; and for
other purposes.
This 11th day of February, 1985.
Honorable James L. Pannell
Representative,
122nd District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, James L. Pannell, 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 14, 1985.
/s/ James L. Pannell
Representative,
122nd District
Sworn to and subscribed before me,
this 25th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 20, 1985.
4086 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
BALDWIN COUNTY CLERK OF THE SUPERIOR COURT;
COMPENSATION.
No. 196 (Senate Bill No. 39).
AN ACT
To amend an Act placing the clerk of the Superior Court
of Baldwin County on an annual salary, approved April 3, 1972
(Ga. L. 1972, p. 3317), as amended, so as to change the provisions
relating to the compensation of the clerk of the superior court;
to provide an effective date; to repeal conflicting laws; and for
other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act placing the clerk of the Superior Court
of Baldwin County on an annual salary, approved April 3, 1972
(Ga. L. 1972, p. 3317), as amended, is amended by striking Sec-
tion 2 in its entirety and inserting in lieu thereof a new Section
2 to read as follows:
"Section 2. The clerk of the Superior Court of Baldwin
County shall receive an annual salary of $29,500.00, payable
in equal monthly installments from the funds of Baldwin
County.
Section 2. This Act shall become effective July 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
1985 session of the General Assembly of Georgia a bill to amend
an Act placing the clerk of the Superior Court of Baldwin County
on an annual salary, approved April 3, 1972, (Ga. L. 1972, p.
3317), as amended; and for other purposes.
This 17th day of December, 1984.
GEORGIA LAWS 1985 SESSION
4087
Culver Kidd
Senator, 25th District
Bobby Eugene Parham
Representative,
105th District
Affidavit of Publication.
State of Georgia, County of Baldwin:
I, Roger W. Coover, do solemnly swear I am the Publisher
of The Union-Recorder, printed and published at Milledgeville,
in the state of Georgia, and that from my personal knowledge
and reference to files of said publication the legal advertisement
of: Notice to Introduce Local Legislation (Ga L 1972 p 3317)
was inserted in space of legal advertisement as follows: January
4, 1985.
/s/ Roger W. Coover,
Publisher
Subscribed and sworn before me,
this 4th day of January, 1985.
/s/ Nancy D. Veal
Notary Public.
My commission expires: 8-19-86.
Approved March 27, 1985.
4088 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
BALDWIN COUNTY JUDGE OF THE PROBATE COURT;
COMPENSATION.
No. 197 (Senate Bill No. 40).
AN ACT
To amend an Act placing the judge of the Probate Court
of Baldwin County upon an annual salary, approved January
27, 1967 (Ga. L. 1967, p. 2006), as amended, particularly by
an Act approved March 6, 1981 (Ga. L. 1981, p. 3095), so as to
change the provisions relating to the compensation of the judge
of the probate court; to provide an effective date; to repeal con-
flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act placing the judge of the Probate Court
of Baldwin County upon an annual salary, approved January
27, 1967 (Ga. L. 1967, p. 2006), as amended, particularly by
an Act approved March 6,1981 (Ga. L. 1981, p. 3095), is amended
by striking Section 1 in its entirety and inserting in lieu thereof
a new Section 1 to read as follows:
"Section 1. After the effective date of this Act, the present
method of compensating the judge of the Probate Court of
Baldwin County, known as the fee system, is abolished; and,
in lieu thereof, the judge of the probate court shall receive
an annual salary as provided in this section. The annual
salary provided for in this section shall be in lieu of all
fees, costs, fines, forfeitures, commissions, emoluments, and
perquisites heretofore allowed as compensation to the judge
of the probate court, regardless of in what capacity services
were rendered. The judge of the probate court shall receive
an annual salary of $29,500.00, payable in equal monthly
installments from the funds of Baldwin County.
Section 2. This Act shall become effective July 1, 1985.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
GEORGIA LAWS 1985 SESSION
4089
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular
1985 session of the General Assembly of Georgia a bill to amend
an Act placing the judge of the Probate Court of Baldwin County
upon an annual salary, approved January 27,1967, (Ga. L. 1967,
p. 2006), as amended; and for other purposes.
This 17th day of December, 1984.
Culver Kidd
Senator, 25th District
Bobby Eugene Parham
Representative,
105th District
Affidavit of Publication.
State of Georgia, County of Baldwin:
I, Roger W. Coover, do solemnly swear I am the Publisher
of The Union-Recorder, printed and published at Milledgeville,
in the state of Georgia, and that from my personal knowledge
and reference to files of said publication the legal advertisement
of: Notice to Introduce Local Legislation (Ga L 1967, p 2006)
was inserted in space of legal advertisement as follows: January
4, 1985.
/s/ Roger W. Coover,
Publisher
Subscribed and sworn before me,
this 4th day of January, 1985.
/s/ Nancy D. Veal
Notary Public.
My commission expires: 8-19-86.
Approved March 27, 1985.
4090 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
DOWNTOWN LAGRANGE DEVELOPMENT AUTHORITY
DISTRICT LIMITS.
No. 198 (Senate Bill No. 171).
AN ACT
To amend an Act creating the Downtown LaGrange Develop-
ment Authority, approved March 5,1975 (Ga. L. 1975, p. 2623),
as amended by an Act approved February 12,1980 (Ga. L. 1980,
p. 3034), an Act approved April 12, 1982 (Ga. L. 1982, p. 4251),
and an Act approved March 12, 1984 (Ga. L. 1984, p. 3919), 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 De-
velopment Authority, approved March 5, 1975 (Ga. L. 1975, p.
2623), as amended by an Act approved February 12, 1980 (Ga.
L. 1980, p. 3034), an Act approved April 12, 1982 (Ga. L. 1982,
p. 4251), and an Act approved March 12, 1984 (Ga. L. 1984, p.
3919), is amended by striking Section 3 in its entirety and substi-
tuting in lieu thereof a new Section 3 to read as follows:
"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 descrip-
tion:
All that tract or parcel of land lying and being in
the City of LaGrange, Georgia, and being more particu-
larly described as follows: Beginning at the intersection
of the centerline of North Greenwood Street and Smith
Street and running thence in an easterly direction along
the centerline of Smith Street to its intersection with
the centerline of Morgan Street; running thence in a
southerly direction along the centerline of Morgan Street
to its intersection with a line formed by extending the
southern margin of Greenville Street to its intersection
with the centerline of Morgan Street; running thence
GEORGIA LAWS 1985 SESSION
4091
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 de-
grees 29 minutes east for a distance of 55 feet to an
iron pin found; running thence north 89 degrees 13 min-
utes east for a distance of 5.10 feet to an iron pin found;
running thence north 74 degrees 47 minutes east for a
distance of77.27 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 min-
utes east for a distance of 104.38 feet to a point; thence
running south 78 degrees 37 minutes west for a distance
of 50.05 feet to an iron pin found; thence running south
78 degrees 54 minutes west for a distance of 26.19 feet
to an iron pin found; thence running south 01 degree
52 minutes west for a distance of 91.84 feet to an iron
pin found; thence running south 88 degrees 47 minutes
west for a distance of 133.26 feet to an iron pin found;
thence running south 88 degrees 37 minutes west for a
distance of 76.93 feet to a nail found; running thence
south 88 degrees 37 minutes west for a distance of 25
feet to the centerline of Morgan Street; running thence
in a southerly direction along the centerline of Morgan
Street to its intersection with the centerline of West De-
pot Street; running thence in a westerly direction along
the centerline of West Depot Street to its intersection
with the centerline of Main Street; from said intersection
turn left and run in a southwesterly direction in a
straight line to the intersection of the west right-of-way
of Main Street with the south right-of-way of West Depot
Street and from this intersection run southeasterly along
the west right-of-way of Main Street 257.60 feet to an
iron pin found; thence turn right and run south 57 de-
grees 53 minutes 55 seconds West, 225.00 feet to an iron
pin found; thence turn right and run north 32 degrees
10 minutes 05 seconds West, 199.32 feet to a concrete
monument found; thence turn right and run north 00
degrees 06 minutes 55 seconds West, 96.47 feet to an
iron pin found; thence turn right and run south 89 de-
grees 33 minutes 30 seconds West to the west property
line of LaGrange Loan and Insurance Company, Inc.;
thence turn left and run along the west property line
4092 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
of LaGrange Loan and Insurance Company, Inc. to the
west right-of-way of West Depot Street and from said
point run due north to the centerline of West Depot
Street; thence turn left and run in a westerly direction
along the centerline of West Depot Street to its intersec-
tion with the centerline of South Lewis Street; running
thence in a northerly direction along the centerline 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, Geor-
gia records; from said point turn left and run 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 centerline of Broome Street; running thence in a
westerly direction along the centerline of Broome Street
to its intersection with the centerline of South Green-
wood Street; running thence in a northerly direction
along the centerline 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 de-
grees 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; thence run
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 Com-
GEORGIA LAWS 1985 SESSION
4093
pany; 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 centerline of South Lewis Street to
its intersection with the centerline of Vernon Street; run-
ning thence in a westerly direction along the centerline
of Vernon Street to its intersection with the centerline
of Greenwood Street (North Greenwood Street); running
thence in a northerly direction along the centerline of
North Greenwood Street to its intersection with the cen-
terline of Smith Street, which is 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 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 7th day of January, 1985.
Nasour Mansour, Chairman
Downtown LaGrange
Development Authority
East Depot Street
LaGrange, Georgia 30240
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, A. Quillian Baldwin, Jr.,
who, on oath, deposes and says that he is Senator from the
29th 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 11, 1985.
4094 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
/s/ A. Quillian Baldwin, Jr.
Senator,
29th District
Sworn to and subscribed before me,
this 25th day of January, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 27, 1985.
OCMULGEE JUDICIAL CIRCUIT COURT REPORTERS;
SALARIES AND EXPENSE ALLOWANCES.
No. 199 (Senate Bill No. 172).
AN ACT
To amend an Act providing an annual salary for the official
court reporters of the Ocmulgee Judicial Circuit, approved
March 2, 1970 (Ga. L. 1970, p. 120), as amended by an Act ap-
proved April 24, 1975 (Ga. L. 1975, p. 1303), so as to change
the salaries of such court reporters; to change the expense allow-
ances of such court reporters; to provide 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 offi-
cial court reporters of the Ocmulgee Judicial Circuit, approved
March 2, 1970 (Ga. L. 1970, p. 120), as amended by an Act ap-
GEORGIA LAWS 1985 SESSION
4095
proved April 24, 1975 (Ga. L. 1975, p. 1303), 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 salary of each official court reporter of
said judicial circuit shall be the sum of eight thousand dollars
($8,000.00) per annum, which salaries shall be paid pro rata
out of the general treasury of the various counties composing
said circuit upon the basis of population; that is to say, each
one of the counties composing the said circuit shall pay such
part or proportion of said salaries as its population shall
bear to the United States decennial census of 1980, until
completion and promulgation of the next United States de-
cennial census, and so on according to each succeeding offi-
cial census. It shall be, and is hereby made, the duty of
the county commissioners, or other authority having control
of county matters in said counties, to cause the part or por-
tion of said salaries so assessed each of said counties to be
paid to said official court reporters monthly in each year
out of the funds of said counties, and upon the regular county
warrants issued therefor; and it is the further duty of said
county commissioners, or other county authorities having
control of county matters, to make provisions annually when
levying and collecting taxes for expenses of courts for the
levying and collection of sufficient taxes in their respective
counties for the purpose of paying the portion of said salaries
chargeable against their respective counties as hereinbefore
set forth; and the power to levy taxes for such purposes is
hereby delegated to said counties. Said salaries shall be in
full payment for all services of said official court reporters
in reporting criminal cases tried in the superior courts of
said counties.
Section 2. Said Act is further amended by striking Section
1A in its entirety and inserting in lieu thereof a new Section
1A to read as follows:
"Section 1A. In addition to the salary provided for in
Section 2, each official court reporter of the Ocmulgee Judi-
cial Circuit shall receive an annual expense allowance of
$8,000.00. Such allowance shall be paid to each court re-
porter by the counties comprising said Circuit in equal
monthly installments in accordance with the formula set
4096 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
forth in Section 2 for the payment of the salaries of the
court reporters as provided for therein. The cost for the tran-
script of the testimony and proceedings of criminal cases
shall be as provided by law.
Section 3. This Act shall become effective on the first day
of the month following the month in which it is approved by
the Governor or in which it becomes law without his approval.
Section 4. All laws and parts of laws in conflict with this
Act are repealed.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular
1985 session of the General Assembly of Georgia a bill to amend
an Act providing an annual salary for the official court reporters
of the Ocmulgee Judicial Circuit, approved March 2, 1970 (Ga.
L. 1970, p. 120), as amended by the Act approved April 24, 1975
(Ga. L. 1975, p. 1303); and for other purposes.
This 10 day of Jan., 1985.
Culver Kid
Senator, 25th District
Joseph B. Duke
Judge of the Superior Courts
Ocmulgee Judicial Circuit
Hugh P. Thompson
Judge of the Superior Courts
Ocmulgee Judicial Circuit
William A. Prior, Jr.
Judge of the Superior Courts
Ocmulgee Judicial Circuit
To Whom It May Concern:
I certify a legal advertisement, Notice of Intention to Intro-
duce Local Legislation, calling for the introduction of a bill to
amend an Act providing an annual salary for official court re-
porters of the Ocmulgee Judicial Circuit appeared in the Jan.
17, 1985, edition of The Eatonton Messenger.
/s/ Battle Smith,
Publisher
GEORGIA LAWS 1985 SESSION
4097
/s/ Sharon Gregory
Notary Public, Georgia State at Large.
My commission Expires Jan. 16, 1985.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular
1985 session of the General Assembly of Georgia a bill to amend
an Act providing an annual salary for the official court reporters
of the Ocmulgee Judicial Circuit, approved March 2, 1970 (Ga.
L. 1970, p. 120), as amended by an Act approved April 24, 1975
(Ga. L. 1975, p. 1303); and for other purposes.
This 10 day of Jan., 1985.
Culver Kidd
Senator, 25th District
Joseph B. Duke
Judge of the Superior Courts
Ocmulgee Judicial Circuit
Hugh P. Thompson
Judge of the Superior Court
Ocmulgee Judicial Circuit
William A. Prior, Jr.
Judge of the Superior Courts
Ocmulgee Judicial Circuit
Georgia, Greene County.
Before me a Notary Public in and for said county and state
appeared CAREY WILLIAMS Sr., who on oath says that the
attached legal advertisement appeared in THE HERALD-
JOURNAL, Greensboro, Ga., on Friday, January 18, 1984. He
further swears that THE HERALD-JOURNAL is the legal organ
of Greene Ciunty in which Sheriff Sales and other legal adver-
tisements appear.
/s/ Carey Williams, Sr.
Publisher
Sworn to before me a NOTARY PUBLIC
this 17, day of January 1985.
/s/ Jeanette Cathey
4098 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
1985 session of the General Assembly of Georgia a bill to amend
an Act providing an annual salary for the official court reporters
of the Ocmulgee Judicial Circuit, approved March 2, 1970 (Ga.
L. 1970, p. 120) as amended by an Act approved April 24, 1975
(Ga. L. 1975, p. 1303); and for other purposes.
This 10 day of Jan, 1985.
/s/ Culver Kidd,
Senator, 25th District
/s/ Joseph B. Duke,
Judge of the Superior Courts
Ocmulgee Judicial Circuit
/s/ Hugh P. Thompson
Judge of the Superior Courts
Ocmulgee Judicial Circuit
/s/ William A. Prior, Jr.,
Judge of the Superior Courts
Ocmulgee Judicial Circuit
Affidavit.
Georgia, Hancock County.
To Whom It May Concern:
This is to certify that the legal notice attached hereto has
been published in the: The Sparta Ishmaelite legal organ for
Hancock County, the following dates, to-wit: January 17, 1985.
Sworn to on the 17th day of
January, 1985.
/s/ Alva L. Haywood
Publisher
Sworn to and subscribed to before me,
on the 17th day of January, 1985.
/s/ Rhonda S. Phillips
Notary Public.
My Commission Expires: January 26, 1985.
GEORGIA LAWS 1985 SESSION
4099
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular
1985 session of the General Assembly of Georgia a bill to amend
an Act providing an annual salary for the official court reporters
of the Ocmulgee Judicial Circuit, approved March 2, 1970 (Ga.
L. 1970, p. 120),, as amended by an Act approved April 24, 1975
(Ga. L. 1975, p. 1303); and for other purposes.
This 10th day of January, 1985.
Culver Kidd
Senator, 25th District
Joseph B. Duke
Judge of the Superior Courts
Ocmulgee Judicial Circuit
Hugh P. Thompson
Judge of the Superior Courts
Ocmulgee Judicial Circuit
William A. Prior, Jr.
Judge of the Superior Courts
Ocmulgee Judicial Circuit
Affidavit of Publication.
State of Georgia,
County of Baldwin:
I, Roger W. Coover, do solemnly swear 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: Annual salary for court reporters was inserted in space of
legal advertisement as follows: January 18, 1985.
/s/ Roger W. Coover,
Publisher
Subscribed and sworn before me
this 18th day of January, 1985.
/s/ Nancy D. Veal
Notary Public.
My commission expires: 8-19-86.
4100 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Notice of Intention to Introduce Local Legislation.
Georgia, Jasper County.
Notice is given that there will be introduced at the regular
1985 session of the General Assembly of Georgia a bill to amend
an Act providing an annual salary for the official court reporters
of the Ocmulgee Judicial Circuit, approved March 2, 1970 (Ga.
L. 1970, p. 120), as amended by an Act approved April 24, 1975
(Ga. L. 1975, p. 1303); and for other purposes.
This 10th day of Jan., 1985.
Culver Kidd
Senator, 25th District
Joseph B. Duke
Judge of the Superior Courts
Ocmulgee Judicial Circuit
Hugh P. Thompson
Judge of the Superior Courts
Ocmulgee Judicial Circuit
William A. Prior, Jr.
Judge of the Superior Courts
Ocmulgee Judicial Circuits
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: January
17, 1985.
/s/ Culver Kidd
Senator, 25th District
Sworn to and subscribed before me,
this 29th day of January, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
GEORGIA LAWS 1985 SESSION
4101
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular
1985 session of the General Assembly of Georgia a bill to amend
an Act providing an annual salary for the official court reporters
of the Ocmulgee Judicial Circuit, approved March 2, 1970 (Ga.
L. 1970, p. 120;, as amended by an Act approved April 24, 1975,
(Ga. L. 1975, p. 1303); and for other purposes.
This 10 day of Jan. 1985.
Culver Kidd
Sednator, 25th District
Joseph B. Duke
Judge of the Superior Courts
Ocmulgee Judicial Circuit
Hugh P. Thompson
Judge of the Superior Courts
Ocmulgee Judicial Circuit
William A. Prior, Jr.
Judge of the Superior Courts
Ocmulgee Judicial Circuit
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:
January 17, 1985.
/s/ Culver Kidd
Senator, 25th District
Sworn to and subscribed before me,
this 29th day of January, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
4102 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
1985 session of the General Assembly of Georgia a bill to amend
an Act providing an annual salary for the official court reporters
of the Ocmulgee Judicial Circuit, approved March 2, 1970 (Ga.
L. 1970, p. 120), as amended by an Act approved April 24, 1975
(Ga. L. 1975, p. 1303); and for other purposes.
This 10th day of January, 1985.
Culver Kidd
Senator, 25th District
Joseph B. Duke
Judge of the Superior Courts
Ocmulgee Judicial Circuit
Hugh P. Thompson
Judge of the Superior Courts
Ocmulgee Judicial Circuit
William A. Prior, Jr.
Judge of the Superior Courts
Ocmulgee Judicial Circuit
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 Madisonian which is the official
organ of Morgan County, on the following date: January 17,
1985.
/s/ Culver Kidd
Senator, 25th District
Sworn to and subscribed before me,
this 29th day of January, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
GEORGIA LAWS 1985 SESSION
4103
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular
1985 session of the General Assembly of Georgia a bill to amend
an Act providing an annual salary for the official court reporters
of the Ocmulgee Judicial Circuit, approved March 2, 1970 (Ga.
L. 1970, p. 120), as amended by an Act approved April 24, 1975
(Ga. L. 1975, p. 1303), and for other purpose.
This 10th day of January, 1985.
Culver Kidd
Senator, 25th District
Joseph B. Duke
Judge of the Superior Courts
Ocmulgee Judicial Circuit
Hugh P. Thompson
Judge of the Superior Courts
Ocmulgee Judicial Circuit
William A. Prior, Jr.
Judge of the Superior Courts
Ocmulgee Judicial Circuit
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Culver Kidd, who, on oath,
deposes and says that he is Senator from the 25th District, and
that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Jones County News which is
the official organ of Jones County, on the following date: January
17, 1985.
/s/ Culver Kidd
Senator, 25th District
Sworn to and subscribed before me,
this 29th day of January, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 27, 1985.
4104 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
STATE COURT OF WAYNE COUNTY JUDGE AND
SOLICITOR; COMPENSATION; SECRETARIAL
ALLOWANCE.
No. 201 (Senate Bill No. 244).
AN ACT
To amend an Act establishing the State Court of Wayne
County (formerly the City Court of Jesup, in and for the County
of Wayne), approved July 31, 1916 (Ga. L. 1916, p. 248), as
amended, particularly by an Act approved March 17, 1958 (Ga.
L. 1958, p. 2525), an Act approved June 5, 1964 (Ga. L. 1964,
Ex. Sess., p. 2046), an Act approved March 17, 1978 (Ga. L.
1978, p. 4071), and an Act approved March 14, 1983 (Ga. L.
1983, p. 3931), so as to change the compensation of the judge
and the solicitor; to change the secretarial allowance of the
solicitor; to provide an effective date; to repeal conflicting laws;
and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act establishing the State Court of Wayne
County (formerly the City Court of Jesup, in and for the County
of Wayne), approved July 31, 1916 (Ga. L. 1916, p. 248), as
amended, particularly by an Act approved March 17, 1958 (Ga.
L. 1958, p. 2525), an Act approved June 5, 1964 (Ga. L. 1964,
Ex. Sess., p. 2046), an Act approved March 17, 1978 (Ga. L.
1978, p. 4071), and an Act approved March 14, 1983 (Ga. L.
1983, p. 3931), is amended by striking in its entirety Section 3
of said amendatory Act of 1958 and substituting in lieu thereof
a new Section 3 to read as follows:
"Section 3. The judge of the State Court of Wayne
County shall receive a salary or $13,000.00 per annum, which
shall be paid in monthly installments from the funds of
Wayne County at the direction of the board of commissioners
of Wayne County.
Section 2. Said Act is further amended by striking in its
entirety Section 4 of said amendatory Act of 1958 and substitut-
ing in lieu thereof a new Section 4 to read as follows:
GEORGIA LAWS 1985 SESSION
4105
"Section 4. The solicitor of the State Court of Wayne
County shall receive an annual salary in the amount of
$12,000.00. In addition to such salary, an allowance of
$100.00 per month shall be paid to the solicitor for secretarial
services. The salary and allowance shall be paid monthly
out of the funds of Wayne County.
Section 3. This Act shall become effective July 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 1985 session of the General Assembly of Georgia, a bill
affecting the compensation of the Judge of State Court and Solic-
itor of State Court of Wayne County.
This 5th day of February, 1985.
Ray S. Gordon, State Court
Judge
J. Kenneth Royal, Solicitor
Riley Reddish, State Senator
Jesup, Georgia 31545
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 Press Sentinel which
is the official organ of Wayne County, on the following date:
February 8, 1985.
/s/ Riley Reddish
Senator,
6th District
4106 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 14th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 27, 1985.
CITY OF LAFAYETTE ELECTIONS; OATHS; VACANCIES;
INVESTIGATIONS; MAYORS POWERS; CITY MANAGER.
No. 202 (Senate Bill No. 245).
AN ACT
To amend an Act creating a new charter for the City of
LaFayette, approved March 26, 1969 (Ga. L. 1969, p. 2298), as
amended by an Act approved March 18, 1983 (Ga. L. 1983, p.
4274), so as to provide for vacancies in elected offices; to provide
for oaths of offices; to provide what actions shall be considered
a forfeiture of office; to provide for inquiries and investigations
into the affairs of the city or its departments; to provide powers
and duties of the mayor; to provide for organizational meetings;
to provide procedures relative to the removal of the city man-
ager; to provide the time for holding elections; to provide an
effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act creating a new charter for the City of
LaFayette, approved March 26, 1969 (Ga. L. 1969, p. 2298), as
amended by an Act approved March 18, 1983 (Ga. L. 1983, p.
4274), is amended by striking Section 2.15 in its entirety and
inserting in lieu thereof a new Section 2.15 to read as follows:
GEORGIA LAWS 1985 SESSION
4107
"Section 2.15. Vacancy in elected offices. The office of
mayor or the office of councilman shall become vacant upon
the incumbents death, resignation, removal from office in
any manner authorized by law, forfeiture of his office, or
when he ceases to reside within the corporate limits of the
City of LaFayette, or when a councilman who was elected
from a specific ward no longer resides within the bounds
of said ward. If said vacancy occurs and is also officially
declared by the governing body of the City of LaFayette
within a period of 12 months or less prior to the normal
expiration date of the term of the person whose office has
been declared to be vacant, then and in that event the va-
cancy shall be filled for the remainder of the unexpired term,
if any, by appointment by a majority vote of the council.
Any person eligible to hold such office under the terms of
this charter shall be eligible for said appointment. Any other
vacancy in office shall be filled for the remainder of the
unexpired term by election. If such vacancy occurs within
two months prior to the regular general election to be held
in that calendar year, then and in that event such vacancy
shall be filled by election at the general election of said year;
otherwise, said vacancy shall be filled at a duly called special
election for the purpose, which election shall be called within
60 days from the date such vacancy occurs and is officially
declared by the governing body of the city. The person so
appointed or elected to fill such unexpired term shall take
office immediately upon taking the oath of office.
Section 2. Said Act is further amended by striking Section
2.17 in its entirety and inserting in lieu thereof a new Section
2.17 to read as follows:
"Section 2.17. Oath of office. Each newly elected or ap-
pointed mayor or councilman, before entering upon the
duties of his or her office, shall take and subscribe before
the city clerk, city attorney, or before some judicial officer
or the mayor, the following oath:
'I do solemnly swear that I will well and truly perform
the duties of mayor (or councilman, as the same may
be) of the City of LaFayette, to the best of my skill and
ability, and as to me shall seem to be the best interest
and welfare of the city, without fear, favor or affection,
4108 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
and that I will uphold the Constitution and laws of the
United States of America and of the State of Georgia
and that I will further uphold the charter and ordinances
of the City of LaFayette, so help me God.
Section 3. Said Act is further amended by striking Section
2.19 in its entirety and inserting in lieu thereof a new Section
2.19 to read as follows:
"Section 2.19. Forfeiture of office. The mayor, recorder,
or any member of the council 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 by law;
(2) Violates any expressed prohibition of this char-
ter;
(3) Is convicted of or enters a plea of guilty or nolo
contendere to a crime involving moral turpitude or is
convicted of or enters a plea of guilty or nolo contendere
to any felony; or
(4) Violates his or her oath of office. A violation of
his or her oath of office shall not be construed to include
the violation of any traffic law or traffic ordinance unless
the same constitutes a crime involving moral turpitude
or unless the same results in felony punishment.
Section 4. Said Act is further amended by striking Section
2.21 in its entirety and inserting in lieu thereof a new Section
2.21 to read as follows:
"Section 2.21. Inquiries and investigations. The mayor
and council may make inquiries and investigations into the
affairs of the city and conduct of any department, office,
or agency thereof. The initial such inquiry or investigation
shall be made by a committee appointed by the mayor, or
in his absence or disability, by the mayor pro tern. Said com-
mittee shall consist of not more than two elected officials
and such other persons as the mayor may designate, includ-
ing, but not limited to, the city attorney, city clerk, or city
GEORGIA LAWS 1985 SESSION
4109
manager. Any such committee so appointed shall report its
findings to the mayor and council for any such action as
said governing body shall deem fit including the purpose
of authorizing and making further inquiry and investigation.
For the aforesaid purposes any committee so appointed by
the mayor may subpoena witnesses, administer oaths, take
testimony and require the production of evidence by sub-
poena duces tecum, notice to produce or otherwise. Likewise,
when the mayor and council is acting as a board of inquiry
or as an investigative body for the aforesaid purposes such
governing body may also subpoena witnesses, administer
oaths, take testimony and require the production of evidence
by subpoena duces tecum, notice to produce or otherwise.
Any person, firm, or corporation who fails or refuses to obey
a lawful order issued in the exercise of these powers by such
committee or by the mayor and council shall be punished
as provided by ordinance.
Section 5. Said Act is further amended by striking Section
2.30 in its entirety and inserting in lieu thereof a new Section
2.30 to read as follows:
"Section 2.30. Duties and powers. The mayor shall be
the official spokesman for the city and the chief advocate
of policy. He shall preside at all meetings of the council,
shall sign ordinances and resolutions on their final passage,
shall sign deeds, bonds, contracts and other instruments or
documents authorized to be executed on behalf of the city,
and shall appoint all committees, including, but not limited
to, working committees, support committees, and commit-
tees created for the purpose of inquiries and investigations.
The mayor shall be an ex officio member of all such commit-
tees. The mayor shall perform such other duties imposed
by this charter or by ordinance not inconsistent with this
charter.
Section 6. Said Act is further amended by striking Section
2.40 in its entirety and inserting in lieu thereof a new Section
2.40 to read as follows:
"Section 2.40. Organizational meeting. The mayor and
council shall meet for organization on the first business day
in January following each regular election. For the purposes
4110 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
of this section, New Years Day shall not be considered a
business day and Saturday and Sunday shall not be consid-
ered a business day. The meeting shall be called to order
by the city clerk and the oath of office shall be administered
to the newly elected members. Following the induction of
members, the mayor and council by a majority vote of all
of the members thereof shall elect one of their number to
be mayor pro tern, who shall serve for a term of one year.
Section 7. Said Act is further amended by striking the
words "six (6) months from the third sentence of Section 3.21
thereof and inserting in lieu thereof the words "one year, so
that said Section when so amended shall read as follows:
"Section 3.21. Term; compensation. The city manager
shall be appointed for an indefinite term and shall hold office
until he shall be removed as provided by this article. He
shall receive such salary, benefits, and expense allowances
as the mayor and council shall fix. The mayor and council
of the City of LaFayette may remove the city manager at
any time within one year after his appointment and qualifi-
cation at the will of the mayor and council, but the city
manager shall not thereafter be removed from office until
served with written charges and given a public hearing be-
fore the mayor and council.
Section 8. Said Act is further amended by striking Section
6.01 in its entirety and inserting in lieu thereof a new Section
6.01 to read as follows:
"Section 6.01. Regular elections; time for holding. The
regular election for mayor, councilmen, or recorder, as the
case may be, shall be held on the first Tuesday in December
of each year. Officials elected at any regular election shall
take office at the organizational meeting provided for in Sec-
tion 2.40 of this charter.
Section 9. This Act shall become effective on the first day
of the month following the month in which it is approved by
the Governor or in which it becomes law without his approval.
Section 10. All laws and parts of laws in conflict with this
Act are repealed.
GEORGIA LAWS 1985 SESSION
4111
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the
regular 1985 Session of the General Assembly of Georgia an
Act to amend an Act creating a New Charter for the City of
LaFayette approved March 26, 1969 (Ga. Laws 1969, p. 2296)
so as to provide the method for filling vacancies in office; to
provide for an oath of office; to provide for forfeiture of office;
to provide for inquiries and investigation; to provide for the
duties and powers of mayor; to provide for the organizational
meeting; and for other purposes.
This 29th day of January, 1985.
Norman S. Fletcher
Attorney for City of
LaFayette
Georgia, Walker County.
Personally, before me, the undersigned authority duly au-
thorized to administer oaths, comes Rick Cameron, who, on oath,
deposes and says that he is the Publisher of the Walker County
Messenger, which is the official organ of Walker County, Geor-
gia, and that the attached copy of Notice of Intention to Intro-
duce Local Legislation was published in said Walker County
Messenger in its issues of February 1, 1985 and February 8,
1985.
/s/ Rick Cameron,
Publisher
Sworn to and subscribed before me,
this 8th day of February, 1985.
/s/ Mary G. Bishop
Notary Public, Walker County, Georgia.
6/25/87.
Approved March 27, 1985.
4112 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
MACON COUNTY BOARD OF EDUCATION; ELECTIONS.
No. 203 (Senate Bill No. 250).
AN ACT
To provide for the board of education for the Macon County
School District; to provide for the membership of the board of
education; to provide for education districts; to provide for elec-
tions; to provide for current members; to provide for the filling
of a vacancy; to provide for submission of this Act under the
federal Voting Rights Act of 1965; to provide for related matters;
to provide for severability; 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 for the
Macon County School District.
(b) For the purpose of electing members of the board of
education, the Macon County School District shall be divided
into five education districts described as follows:
Education District No. 1
Beginning at the point where the main run of the Flint
River intersects with the main run of Buck Creek, then run
Northerly along the main run of the Flint River to the point
where the same intersects with the Macon County-Taylor
County line; and then run Westerly along the Macon County
line separating Macon, Taylor and Schley Counties until
it intersects with Buck Creek; and then run Easterly along
the main run of Buck Creek to the point of beginning.
Education District No. 2
Beginning at the point where the main run of the Flint
River intersects with the main run of Buck Creek, then run
Southerly along the main run of the Flint River to the point
where the same intersects with the Macon County-Sumter
GEORGIA LAWS 1985 SESSION
4113
County line (the same being at the point where Sweetwater
Creek intersects with the Flint River); and then run Westerly
along the Macon County line separating Macon, Sumter and
Schley Counties until it intersects with Buck Creek being
the Southern District line of District NO. 1; and then East-
erly along the Southern District line of District No. 1 until
the point of beginning.
Education District No. 3
Beginning at the point where the main run of the Flint
River intersects with the North City Limit Line of the City
of Montezuma, Macon County, Georgia, then run North
along the main run of the Flint River (being the East District
line of District No. 1) to the point where the same intersects
with the Macon County-Peach County line; and then along
the Macon County line separating Macon, Peach and Hous-
ton Counties until it intersects with the centerline of State
Route 26; and then Westerly along the centerline of State
Route 26 until it intersects with Slow Run Creek; and then
Northerly along the main run of Slow Run Creek until it
intersects with County Road 138; and then Westerly along
the centerline of County Road 138 until it intersects with
County Road 24; and then Westerly along the centerline
of County Road 24 until it intersects with State Route 224;
and then Westerly along the centerline of State Route 224
until it intersects with the East City Limit Line of the City
of Montezuma; and then Northwesterly along the City Limit
Line of the City of Montezuma until the point of beginning.
Education District No. 4
Beginning at the point where the North City Limit line
of the City of Montezuma intersects with the main run of
the Flint River, then run Easterly along the said City Limit
line until it intersects with the centerline of State Route
49; and then Southerly along the centerline of State Route
49 until it intersects with the centerline of South Dooly
Street and then South along the centerline of South Dooly
Street until it intersects with the centerline of State Route
26; and then Easterly along the centerline of State Route
26 until it intersects with State Route 90; and then Southerly
along the centerline of State Route 90 until it intersects
4114 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
with the Southern City Limit line of Montezuma, Georgia;
and then Westerly along the said City Limit line until it
intersects with the main run of the Flint River; and then
Northerly along the main run of the Flint River (being the
West City Limit line of said City and the East District line
of District No. 2) until the point of beginning.
Education District No. 5
Beginning at the point where the centerline of State
Route 26 intersects with the centerline of South Dooly Street
in the City of Montezuma, then run Easterly along the cen-
terline of State Route 26 to its intersection with State Route
90; then Southerly along the centerline of State Route 90
until it intersects with the Southern City Limit line of said
City; and then Westerly along the said City Limit line until
it intersects with the main run of the Flint River; and then
Southerly along the main run of the Flint River (being the
East District Line of District No. 2) until it intersects with
the Macon County-Dooly County line; and then Easterly
along the Macon County line separating Macon, Dooly and
Houston Counties until it intersects with the Southern
boundary of District No. 3; and then Westerly along the
Southern boundary of District No. 3 until it intersects with
the centerline of State Route 49 and then Southerly along
the centerline of State Route 49 until it intersects with the
centerline of South Dooly Street in the City of Montezuma;
and then Southerly along the centerline of South Dooly
Street to the point of beginning.
(c) For the purposes of this section, whenever the descrip-
tion 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.
(d) Those members of the board of education in office on
the effective date of this Act shall serve out the remainder of
the terms to which they were elected and shall be deemed to
represent the education districts in which they reside, except
that until the expiration of the term of office to which he was
elected the member who represented the Garden Valley Educa-
tion District, as such district existed prior to the effective date
GEORGIA LAWS 1985 SESSION
4115
of this Act, shall be deemed to represent Education District 4.
At the general election in 1986 and every four years thereafter,
a member of the board of education shall be elected from Educa-
tion District 1, a member of the board of education shall be
elected from Education District 2, and a member of the board
of education shall be elected from Education District 4. At the
general election in 1988 and every four years thereafter, a mem-
ber of the board of education shall be elected from Education
District 3 and a member of the board of education shall be
elected from Education District 5. Each member of the board
of education shall take office on January 1 following his election
or as soon thereafter as he takes his oath of office.
Section 2. (a) Members of the board of education shall
serve for terms of office of four years and until their successors
are elected and qualified. A member of the board of education
must reside within the education district from which he is
elected and shall be elected by the electors residing within the
education district. Each member shall be elected by a majority
vote.
(b) All primaries and elections shall be held in accordance
with Chapter 2 of Title 21 of the O.C.G.A., known as the "Georgia
Election Code.
Section 3. If a vacancy in Education District 4 exists on
or after the effective date of this Act, a special primary and a
special election shall be held to fill such vacancy. The special
election shall be held on the first Tuesday in November, 1985.
The member elected at such election must reside in Education
District 4, as described in Section 1 of this Act, and shall be
elected by a majority of those electors residing within Education
District 4 voting in such special election. Such special primary
and election shall be held in accordance with Chapter 2 of Title
21 of the O.C.G.A., known as the "Georgia Election Code. The
member elected at such election shall serve until December
31, 1986, and until his successor is elected and qualified as pro-
vided in Section 2 of this Act.
Section 4. It shall be the duty of the attorney for the Macon
County School District to submit this Act to the Attorney Gen-
eral of the United States for review under the federal Voting
Rights Act of 1965. It shall be the duty of the board of education
4116 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
to direct and ensure that such submissions are made by such
attorney. It shall be the duty of such attorney and the board
of education of the Macon County School District to ensure that
such submission has been completed as soon as practical after
the Governor approves this Act or after it becomes law without
his approval.
Section 5. 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 6. All laws and parts of laws in conflict with this
Act are repealed.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular
1985 session of the General Assembly of Georgia a bill providing
for the Board of Education for the Macon County School District
and providing for related matters; and for other purposes.
This 7th day of February, 1985.
/s/ L. H. McKenzie
Senator
14th District
Georgia, Fulton County.
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: February 13, 1985.
GEORGIA LAWS 1985 SESSION
4117
/s/ Lewis H. McKenzie
Senator,
14th District
Sworn to and subscribed before me,
this 18th day of February, 1985.
Is/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 27, 1985.
DAWSON COUNTY INDUSTRIAL BUILDING AUTHORITY
LOCAL CONSTITUTIONAL AMENDMENT CONTINUED.
No. 204 (Senate Bill No. 251).
AN ACT
To continue in force and effect as a part of the Constitution
of the State of Georgia that constitutional amendment which
was proposed by Resolution Act No. 238 (House Resolution No.
660-1242) enacted at the 1962 session of the General Assembly
and which was duly ratified at the 1962 general election (Ga.
L. 1962, p. 1143) and which relates to the Dawson County Indus-
trial Building Authority; to provide the authority for this Act;
to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. That constitutional amendment which was pro-
posed by Resolution Act No. 238 (House Resolution No. 660-
1242) enacted at the 1962 session of the General Assembly and
which was duly ratified at the 1962 general election (Ga. L.
4118 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
1962, p. 1143) and which relates to the Dawson County Industrial
Building Authority shall not be repealed or deleted on July 1,
1987, as a part of the Constitution of the State of Georgia but
is specifically continued in force and effect on and after that
date as a part of the Constitution of the State of Georgia.
Section 2. This Act is passed pursuant to Article XI, Sec-
tion I, Paragraph IV of the Constitution of the State of Georgia
which authorizes the continuation of certain amendments to
the 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 regular
1985 session of the General Assembly of Georgia a bill to con-
tinue in force and effect as a part of the Constitution of the
State of Georgia that constitutional amendment ratified at the
1962 general election as set forth in Georgia Laws 1962, pages
1143-1149, which relates to the Dawson County Industrial Build-
ing Authority; and for other purposes.
This 22nd day of January, 1985.
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 Dawson County Adver-
tiser which is the official organ of Dawson County, on the follow-
ing date: January 24, 1985.
/s/ John C. Foster
Senator,
50th District
GEORGIA LAWS 1985 SESSION
4119
Sworn to and subscribed before me,
this 18th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 27, 1985.
CITY OF BLOOMINGDALE VICE-MAYOR.
No. 205 (Senate Bill No. 254).
AN ACT
To amend an Act creating a charter for the City of Blooming-
dale, approved March 25,1974 (Ga. L. 1974, p. 3439), as amended,
so as to change the method of electing the vice-mayor; to repeal
conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act creating a charter for the City of Bloom-
ingdale, approved March 25, 1974 (Ga. L. 1974, p. 3439), as
amended, is amended by striking Section 2.04 in its entirety
and substituting in lieu thereof a new Section 2.04 to read as
follows:
"Section 2.04. Vice-mayor. The mayor and council mem-
bers, at their first regular meeting after their election, shall
elect one of the council members as vice-mayor who shall,
in case of the absence or disqualification of the mayor or
of vacancy in that office, perform and discharge all duties
and exercise all of the authority of the office of mayor, upon
taking the usual oath of that office as is herein prescribed.
4120 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Notice of Intent to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the
regular session of the General Assembly of Georgia, a bill to
change the manner and method of selecting the Mayor Pro-
tem in the City of Bloomingdale.
This 14th day of February, 1985.
Sandra Jones
Clerk
City of Bloomingdale
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 Georgia Gazette which
is the official organ of Chatham County, on the following date:
February 14, 1985.
/s/ Glenn E. Bryant
Senator,
3rd District
Sworn to and subscribed before me,
this 18th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 27, 1985.
GEORGIA LAWS 1985 SESSION
4121
CITY OF JESUP MAYOR AND COMMISSIONERS;
ELECTIONS; COMPENSATION.
No. 206 (Senate Bill No. 270).
AN ACT
To amend an Act creating a new charter for the City of
Jesup, approved December 15, 1937 (Ga. L. 1937-38 Ex. Sess.,
p. 1142), as amended, particularly by an Act approved March
27, 1947 (Ga. L. 1947, p. 1064), an Act approved March 7, 1955
(Ga. L. 1955, p. 2858), and an Act approved April 9, 1968 (Ga.
L. 1968, p. 3356), so as to change the provisions relating to the
election of the mayor and other members of the board of commis-
sioners; to provide for election districts; to provide for practices
and procedures connected with city elections; to provide for resi-
dency requirements; to provide for filling of vacancies; to provide
for initial and regular terms of office; to provide the date of
city elections; to provide for compensation and expense allow-
ance of the mayor and other members of the board of commis-
sioners; 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 i An Act creating a new charter for the City of
Jesup, approved December 15, 1937 (Ga. L. 1937-38 Ex. Sess.,
p. 1142), as amended, particularly by an Act approved March
27, 1947 (Ga. L. 1947, p. 1064), an Act approved March 7, 1955
(Ga. L. 1955, p. 2858), and an Act approved April 9, 1968 (Ga.
L. 1968, p. 3356), is amended by striking Section 4 of the amenda-
tory Act approved March 7, 1955 (Ga. L. 1955, p. 2858), as
amended by the amendatory Act approved April 9, 1968 (Ga.
L. 1968, p. 3356), and inserting in lieu thereof a new Section
4 to read as follows:
"Section 4. (a) The mayor may reside anywhere within
the City of Jesup and shall be elected by a majority of the
qualified electors of the entire city.
4122 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(b) For purposes of electing the other four members of
the board of commissioners, the City of Jesup is divided into
two election districts composed of the following territory:
ELECTION DISTRICT NO. 1
Beginning at the intersection of the centerline of Pine
Street and the centerline of the Seaboard Coastline Rail-
way right-of-way; running thence in a southeasterly di-
rection along the centerline of Pine Street until it inter-
sects with the centerline of Palm Street; running thence
in a northeasterly direction along the centerline of Palm
Street until it intersects with the centerline of Walker
Street; running thence in a northwesterly direction along
the centerline of Walker Street until it intersects with
the centerline of the Seaboard Coastline Railway right-
of-way; running thence in a northeasterly direction along
the centerline of the Seaboard Coastline Railway right-
of-way until it intersects with the northeastern city limits
line; running thence in a northwesterly direction along
said city limits line until it intersects with the centerline
of the Rayonier Industrial Railroad right-of-way; running
thence in a southwesterly direction along the centerline
of said railroad right-of-way until it intersects with the
centerline of the Southern Railway right-of-way; running
thence in a southeasterly direction along the Southern
Railway right-of-way until it intersects the run of McMil-
lan Creek; running thence in a southwesterly direction
along the run of McMillan Creek until it intersects the
centerline of Cherry Street; running thence in a south-
easterly direction along the centerline of Cherry Street
until it intersects the centerline of Fifth Street; running
thence in a northeasterly direction along the centerline
of Fifth Street until it intersects the centerline of Walnut
Street; running thence in a southeasterly direction along
the centerline of Walnut Street until it intersects the
centerline of West Broad Street; running thence in a
northeasterly direction along the centerline of West
Broad Street until it intersects the centerline of Pine
Street; running thence in a southeasterly direction along
the centerline of Pine Street to the point of beginning.
GEORGIA LAWS 1985 SESSION
4123
ELECTION DISTRICT NO. 2
Beginning at the intersection of the centerline of Pine
Street and the centerline of the Seaboard Coastline Rail-
way right-of-way; running thence in a southeasterly di-
rection along the centerline of Pine Street until it inter-
sects the centerline of Palm Street; running thence in
a northeasterly direction along the centerline of Palm
Street until it intersects the centerline of Walker Street;
running thence in a northwesterly direction along the
centerline of Walker Street until it intersects the center-
line of the Seaboard Coastline Railway right-of-way; run-
ning thence in a northeasterly direction along the center-
line of the Seaboard Coastline Railway right-of-way until
it intersects the northeastern city limits line; running
thence in a southeasterly direction along the northeast-
ern city limits line until it intersects the southeastern
city limits line; running thence in a southwesterly direc-
tion along the southeastern city limits line until it inter-
sects the southwestern city limits line; running thence
in a northwesterly direction along the southwestern city
limits line until it intersects the northwestern city limits
line; running thence in a northeasterly direction along
the northwestern city limits line until it intersects the
northeastern city limits line; running thence in a south-
easterly direction along the northeastern city limits line
until it intersects the centerline of the Rayonier Indus-
trial Railroad right-of-way; running thence in a south-
westerly direction along the centerline of the Rayonier
Industrial Railroad right-of-way until it intersects the
centerline of the Southern Railway right-of-way; running
thence in a southeasterly direction along the centerline
of the Southern Railway right-of-way until it intersects
the run of McMillan Creek; running thence in a south-
westerly direction along the run of McMillan Creek until
it intersects the centerline of Cherry Street; running
thence in a southeasterly direction along the centerline
of Cherry Street until it intersects the centerline of Fifth
Street; running thence in a northeasterly direction along
the centerline of Fifth Street until it intersects the cen-
terline of Walnut Street; running thence in a southeast-
erly direction along the centerline of Walnut Street until
4124 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
it intersects the centerline of West Broad Street; running
thence in a northeasterly direction along the centerline
of West Broad Street until it intersects the centerline
of Pine Street; running thence along the centerline of
Pine Street to the point of beginning.
(c) (1) One commissioner shall be elected from
Election District No. 1 as described above. A person offer-
ing as a candidate for election as commissioner from Elec-
tion District No. 1 shall be a legal resident of such elec-
tion district. Candidates for the office of commissioner
from an election district shall certify at the time of their
qualification that they are residents of the election dis-
trict from which they seek election. The commissioner
from Election District No. 1 shall be elected by a majority
of the qualified electors residing within Election District
No. 1.
(2) Three commissioners shall be elected from Elec-
tion District No. 2 as described above. Said election dis-
trict shall have three posts, designated as Post 1, Post
2, and Post 3. A person offering as a candidate for commis-
sioner from Election District No. 2 shall designate the
post for which he is seeking election and shall be a resi-
dent of such election district. Candidates for the office
of commissioner shall certify at the time of the qualifica-
tion as candidates that they are residents of the election
district from which they seek election. To be elected as
a commissioner 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 residing within Election District No.
2 shall be authorized to vote for one candidate for each
post within such election district.
(d) The members of the board of commissioners for the
City of Jesup serving on January 8, 1985, or any successors
appointed to fill vacancies created by such members, shall
serve for terms of office expiring December 31, 1986. At the
general election for the city in 1986, the mayor and commis-
sioners elected in accordance with the provisions as stated
above shall be elected to take office on January 1, 1987,
for terms of four years and until their successors are elected
GEORGIA LAWS 1985 SESSION
4125
and qualified. Thereafter, successors shall be elected in the
general city election in the year in which the term of office
expires and shall take office on the first Tuesday in January
immediately following their election for terms of four years
and until their successors are elected and qualified.
(e) All city elections for members of the board of com-
missioners (mayor and four commissioners) shall be held
on the third Tuesday in November in each election year,
beginning with the third Tuesday in November, 1986, and
every four years thereafter.
Section 2. Said Act is further amended by striking Section
13 in its entirety and inserting in lieu thereof the following:
"Section 13. Each of said commissioners and the mayor
shall receive a salary of $100.00 per annum, payable semian-
nually. In addition, the mayor shall receive an expense allow-
ance of $250.00 per month and each commissioner shall re-
ceive an expense allowance of $200.00 per month, payable
monthly out of the treasury of said city.
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 1985 session of the General Assembly of Georgia, a bill
to amend an Act to create a new Charter for the City of Jesup,
approved December 16, 1937, (Ga. Laws 1937-38, p. 1142), as
amended, so as to change certain provisions relating to elections
and election districts; to provide for changes in the voting places;
to change the date of the general election for Mayor and Com-
missioners; to change the terms of office for the Mayor and
Commissioners; to provide changes in the compensation paid
the Mayor and Commissioners; to provide for all other matters
relative to the foregoing; to repeal existing laws, and for other
purposes.
This 11th day of February, 1985.
/s/ Sue R. Sutton
City Clerk
4126 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 Press-Sentinel which is
the official organ of Wayne County, on the following date: Febru-
ary 13, 1985.
/ s/ Riley Reddish
Senator,
6th District
Sworn to and subscribed before me,
this 21st day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 27, 1985.
BARTOW COUNTY SHERIFF; CLERK OF THE SUPERIOR
COURT; JUDGE OF THE PROBATE COURT;
COMPENSATION.
No. 208 (House Bill No. 533).
AN ACT
To amend an Act placing certain of the county officers of
Bartow County upon an annual salary, approved March 21,1958
(Ga. L. 1958, p. 2866), as amended, so as to change the compensa-
tion of the sheriff, the clerk of the superior court, and the judge
GEORGIA LAWS 1985 SESSION
4127
of the Probate Court of Bartow County; to provide for an effective
date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act placing certain of the county officers
of Bartow County upon an annual salary, approved March 21,
1958 (Ga. L. 1958, p. 2866), as amended, 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) (1) The sheriff of Bartow County shall receive a
base salary in the amount of $34,500.00 per annum, to
be paid in equal monthly installments from the funds
of Bartow County. Such compensation shall be in lieu
of all fees, costs, and perquisites of whatever kind hereto-
fore received by the sheriff.
(2) The sheriff shall also receive an annual cost-of-
living increase as follows: on the first day of January
of each year, beginning in 1986, the base salary of the
sheriff shall be increased by 3 percent. For the purposes
of this section only, the 'base salary of the sheriff shall
be computed at $34,500.00 on January 1,1986, and there-
after shall be computed at $34,500.00 plus any cost-of-
living increases which have been received by the person
serving as sheriff.
Section 2. Said Act is further amended by striking in its
entirety subsection (a) of Section 3 and inserting in lieu thereof
a new subsection (a) to read as follows:
"(a) (1) The clerk of the Superior Court of Bartow
County shall receive a base salary in the amount of
$30,000.00 per annum, to be paid in equal monthly in-
stallments from the funds of Bartow County.
4128 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(2) The clerk of the superior court shall also receive
an annual cost-of-living increase as follows: on the first
day of January of each year, beginning in 1986, the base
salary of the clerk of the superior court shall be increased
by 3 percent. For the purposes of this section only, the
'base salary of the clerk shall be computed at $30,000.00
on January 1, 1986, and thereafter shall be computed
at $30,000.00 plus any cost-of-living increases which have
been received by the person serving as clerk of the supe-
rior court.
Section 3. Said Act is further amended by striking in its
entirety subsection (a) of Section 4 and inserting in lieu thereof
a new subsection (a) to read as follows:
"(a) (1) The judge of the Probate Court of Bartow
County shall receive a base salary in the amount of
$30,000.00 per annum, to be paid in equal monthly in-
stallments from the funds of Bartow County.
(2) The judge of the probate court shall also receive
an annual cost-of-living increase as follows: on the first
day of January of each year, beginning in 1986, the base
salary of the judge of the probate court shall be increased
by 3 percent. For the purposes of this section only, the
'base salary of the judge of the probate court shall be
computed at $30,000.00 on January 1, 1986, and thereaf-
ter shall be computed at $30,000.00 plus any cost-of-living
increases which have been received by the person serving
as judge of the probate court.
Section 4. This Act shall become effective on the first day
of the month following the month in which it is approved by
the Governor or in which it becomes law without his approval.
Section 5. All laws and parts of laws in conflict with this
Act are repealed.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular
1985 session of the General Assembly of Georgia a bill to amend
an Act placing certain of the county officers of Bartow County
GEORGIA LAWS 1985 SESSION
4129
upon an annual salary, approved March 21, 1958 (Ga. L. 1958,
p. 2866), as amended; and for other purposes.
This 18 day of January, 1985.
/s/ Hugh Boyd Pettit ID
Representative,
19th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Boyd Pettit, who, on oath,
deposes and says that he is Representative from the 19th Dis-
trict, and that the attached copy of Notice of Intention to Intro-
duce Local Legislation was published in the Herald Tribune
which is the official organ of Bartow County, on the following
date: January 24, 1985.
/s/ Boyd Pettit
Representative,
19th District
Sworn to and subscribed before me,
this 4th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 27, 1985.
4130 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
BARTOW COUNTY COMMISSIONER; COMPENSATION.
No. 209 (House Bill No. 535).
AN ACT
To amend an Act creating the office of commissioner of Bar-
tow County, approved July 28, 1924 (Ga. L. 1924, p. 276), as
amended, particularly by an Act approved March 21, 1958 (Ga.
L. 1958, p. 2984), an Act approved March 1, 1963 (Ga. L. 1963,
p. 2078), an Act approved March 31, 1967 (Ga. L. 1967, p. 2363),
and an Act approved April 6, 1981 (Ga. L. 1981, p. 3943), so
as to change the compensation of the commissioner of Bartow
County; to provide an effective date; to repeal conflicting laws;
and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act creating the office of commissioner of
Bartow County, approved July 28, 1924 (Ga. L. 1924, p. 276),
as amended, particularly by an Act approved March 21, 1958
(Ga. L. 1958, p. 2984), an Act approved March 1, 1963 (Ga. L.
1963, p. 2078), an Act approved March 31, 1967 (Ga. L. 1967,
p. 2363), and an Act approved April 6, 1981 (Ga. L. 1981, p.
3943), is amended by striking Section 16 in its entirety and
inserting in lieu thereof a new Section 16 to read as follows:
"Section 16. The commissioner of Bartow County shall
receive a base salary in the amount of $35,500.00 per annum,
to be paid in equal monthly installments from the funds
of Bartow County. The commissioner shall also receive an
annual cost-of-living increase as follows: on the first day of
January of each year, beginning in 1986, the base salary
of the commissioner shall be increased by 3 percent. For
the purposes of this section only, the 'base salary of the
commissioner shall be computed at $35,500.00 on January
1, 1986, and thereafter shall be computed at $35,500.00 plus
any cost-of-living increases which have been received by the
person serving as commissioner.
Section 2. This Act shall become effective on the first day
of the month following the month in which it is approved
GEORGIA LAWS 1985 SESSION
4131
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
1985 session of the General Assembly of Georgia a bill to amend
an Act creating the office of commissioner of Bartow County,
approved July 28, 1924 (Ga. L. 1924, p. 276), as amended; and
for other purposes.
This 18 day of January, 1985.
/s/ Hugh Boyd Pettit III
Representative,
19th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Boyd Pettit, who, on oath,
deposes and says that he is Representative from the 19th Dis-
trict, and that the attached copy of Notice of Intention to Intro-
duce Local Legislation was published in the Herald Tribune
which is the official organ of Bartow County, on the following
date: January 24, 1985.
/s/ Boyd Pettit
Representative,
19th District
Sworn to and subscribed before me,
this 4th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 27, 1985.
4132 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
LOWNDES COUNTY BOARD OF EDUCATION; LOCAL
CONSTITUTIONAL AMENDMENT CONTINUED.
No. 210 (House Bill No. 551).
AN ACT
To continue in force and effect as a part of the Constitution
of the State of Georgia that constitutional amendment which
was proposed by Resolution Act No. 82 of the 1958 General
Assembly and which was duly ratified at the 1958 general elec-
tion (Ga. L. 1958, p. 448) and which relates to election of the
Lowndes County board of education; to provide the authority
for this Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. That constitutional amendment which was pro-
posed by Resolution Act No. 82 of the 1958 General Assembly
and which was duly ratified at the 1958 general election (Ga. L.
1958, p. 448) and which relates to election of the Lowndes County
board of education shall not be repealed or deleted on July 1,
1987, as a part of the Constitution of the State of Georgia but
is specifically continued in force and effect on and after that
date as a part of the Constitution of the State of Georgia.
Section 2. Those provisions of said constitutional amend-
ment which related to the appointment of the county school
superintendent of Lowndes County, which provisions were sub-
ject to ratification by a separate vote of the school districts
voters subsequent to ratification of the amendment itself, not
having been ratified by the school districts voters never became
effective; and this Act is not intended to continue said provisions
relating to the appointment of school superintendent. The school
superintendent shall, on and after the effective date of this Act,
continue to be elected rather than appointed, unless some other
Act becomes effective to provide for appointment, in which case
such other Act shall control over this section of this Act.
Section 3. This Act is passed pursuant to Article XI, Sec-
tion I, Paragraph IV of the Constitution of the State of Georgia
GEORGIA LAWS 1985 SESSION
4133
which authorizes the continuation of certain amendments to
the Constitution.
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
1985 session of the General Assembly of Georgia a bill to con-
tinue in force and effect as a part of the Constitution of the
State of Georgia that constitutional amendment which was pro-
posed by Resolution Act No. 82 of the 1958 General Assembly
and which was duly ratified at the 1958 general election (Ga.
L. 1958, p. 448) and which relates to election of the Lowndes
County board of education; and for other purposes.
This 24th day of January, 1985.
James M. Beck
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, James M. Beck, who, on
oath, deposes and says that he is Representative from the 148th
District, and that the attached copy of Notice of Intention to
Introduce Local Legislation was published in the Valdosta Daily
Times which is the official organ of Lowndes County, on the
following date: February 1, 1985.
/s/ James M. Beck
Representative,
148th District
Sworn to and subscribed before me,
this 4th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 27, 1985.
4134 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ATHENS-CLARKE COUNTY INDUSTRIAL DEVELOPMENT
AUTHORITY LOCAL CONSTITUTIONAL AMENDMENT
CONTINUED.
No. 211 (House Bill No. 562).
AN ACT
To continue in force and effect as a part of the Constitution
of the State of Georgia that constitutional amendment creating
the Athens-Clarke County Industrial Development Authority
which was proposed by Resolution Act No. 194 enacted at the
1960 session of the General Assembly (Ga. L. 1960, p. 1379)
and which was duly ratified; to provide the authority for this
Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. That constitutional amendment creating the
Athens-Clarke County Industrial Development Authority which
was proposed by Resolution Act No. 194 enacted at the 1960
session of the General Assembly (Ga. L. 1960, p. 1379) and which
was duly ratified shall not be repealed or deleted on July 1,
1987, as a part of the Constitution of the State of Georgia but
is specifically continued in force and effect on and after that
date as a part of the Constitution of the State of Georgia.
Section 2. This Act is passed pursuant to Article XI, Sec-
tion I, Paragraph IV of the Constitution of the State of Georgia
which authorizes the continuation of certain amendments to
the Constitution.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular
1985 session of the General Assembly of Georgia a bill to con-
tinue in force and effect as a part of the Constitution of the
GEORGIA LAWS 1985 SESSION
4135
State of Georgia that constitutional amendment creating the
Athens-Clarke County Industrial Development Authority which
was proposed by Resolution Act No. 194 enacted at the 1960
session of the General Assembly (Ga. L. 1960, p. 1379) and which
was duly ratified; and for other purposes.
This 27th day of December, 1984.
Hugh Logan
V. Bob Argo
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Hugh Logan, who, on oath,
deposes and says that he is Representative from the 67th Dis-
trict, and that the attached copy of Notice of Intention to Intro-
duce Local Legislation was published in the Athens Banner-
Herald which is the official organ of Clarke County, on the fol-
lowing date: January 4, 1985.
/s/ Hugh Logan
Representative,
67th District
Sworn to and subscribed before me,
this 18th day of January, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 27, 1985.
4136 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
NEWTON COUNTY BOARD OF COMMISSIONERS;
COMPENSATION.
No. 212 (House Bill No. 576).
AN ACT
To amend an Act creating the Board of Commissioners of
Newton County, approved April 6, 1967 (Ga. L. 1967, p. 2784),
as amended, particularly by an Act approved April 9, 1981
(Ga. L. 1981, p. 4719), so as to change the compensation of mem-
bers of the board other than the chairman; to provide an effective
date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act creating the Board of Commissioners
of Newton County, approved April 6,1967 (Ga. L. 1967, p. 2784),
as amended, particularly by an Act approved April 9, 1981
(Ga. L. 1981, p. 4719), is amended by striking Section 1-106A
and inserting in lieu thereof a new Section 1-106A to read as
follows:
"Section 1-106A. (a) The members of the board of com-
missioners other than the chairman shall receive a base
salary of $250.00 per month.
(b) In addition to the base salary provided for in subsec-
tion (a), members of the board of commissioners shall receive
$150.00 per month as reimbursement for actual and neces-
sary expenses incurred in performing their official duties.
Said sum shall be received without the necessity of itemizing
or verifying expenses.
Section 2. This Act shall become effective on the first day
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 1985 SESSION
4137
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular
1985 session of the General Assembly of Georgia a bill to amend
an Act creating the Board of Commissioners of Newton County,
approved April 6, 1967 (Ga. L. 1967, p. 2784), as amended; and
for other purposes.
This 21st day of January, 1985.
Denny Dobbs
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Denny Dobbs, who, on oath,
deposes and says that he is Representative from the 74th Dis-
trict, and that the attached copy of Notice of Intention to Intro-
duce Local Legislation was published in the Covington News
which is the official organ of Newton County, on the following
date: January 31, 1985.
/s/ Denny Dobbs
Representative,
74th District
Sworn to and subscribed before me,
this 4th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 27, 1985.
4138 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
RICHMOND COUNTY LICENSE FEES AND BUSINESS
TAXES; LOCAL CONSTITUTIONAL AMENDMENT
CONTINUED.
No. 213 (House Bill No. 578).
AN ACT
To continue in force and effect as a part of the Constitution
of the State of Georgia that constitutional amendment which
was proposed by Resolution Act No. 209 (HR No. 811-1650) en-
acted at the 1970 session of the General Assembly and which
was duly ratified at the 1970 general election (Ga. L. 1970, p.
1099) and which authorizes the Board of Commissioners of Rich-
mond County to assess and collect license fees and taxes from
certain persons, firms, and corporations which maintain a place
of business in the unincorporated area of Richmond County;
to provide the authority for this Act; to repeal conflicting laws;
and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. That constitutional amendment which was pro-
posed by Resolution Act No. 209 (HR No. 811-1650) enacted at
the 1970 session of the General Assembly and which was duly
ratified at the 1970 general election (Ga. L. 1970, p. 1099) and
which authorizes the Board of Commissioners of Richmond
County to assess and collect license fees and taxes from certain
persons, firms, and corporations which maintain a place of busi-
ness in the unincorporated area of Richmond County shall not
be repealed or deleted on July 1, 1987, as a part of the Constitu-
tion of the State of Georgia but is specifically continued in force
and effect on and after that date as a part of the Constitution
of the State of Georgia.
Section 2. This Act is passed pursuant to Article XI, Sec-
tion I, Paragraph IV of the Constitution of the State of Georgia
which authorizes the continuation of certain amendments to
the Constitution.
GEORGIA LAWS 1985 SESSION
4139
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the
regular 1985 Session of the General Assembly of Georgia an
Act maintain the provisions of a local constitutional amendment
applying to Richmond County, Georgia, as found in Ga. Laws
1970, page 1099, providing that the Board of Commissioners
of Richmond County shall have the right and power to assess
and collect license fees and taxes from all persons, firms and
corporations maintaining a place or places of business in any
area of Richmond County outside the incorporated limits of
municipalities; to provide an effective date; and for other pur-
poses.
This 2nd day of January, 1985.
Robert C. Daniel, Jr.,
County Attorney
Richmond County, Georgia
State of Georgia.
Richmond County.
Personally appeared before me, a Notary Public, the under-
signed, Paul S. Simon, who, on oath, says that he is the President
of Southeastern Newspapers Corporation, publisher of The Au-
gusta Herald, a daily newspaper publication in the City of Au-
gusta, Richmond County, Georgia, being of general circulation
and being the legal organ of the County of Richmond, who certi-
fies that the legal notice of intention to apply for local legislation
was duly published one time, as required by law, said date of
publication being January 4, 1985.
/s/ Paul S. Simon, President,
Southeastern Newspapers
Corporation, Publisher of
The Augusta Herald,
Richmond County, Georgia
4140 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 10th day of January, 1985.
/s/ Jean S. Brinson
Notary Public, Richmond County, Georgia.
My Commission Expires July 14, 1986.
(Seal).
Approved March 27, 1985.
CITY OF DECATUR HOMESTEAD EXEMPTION FOR
CERTAIN RESIDENTS WHO ARE 62 OR OLDER;
REFERENDUM.
No. 214 (House Bill No. 582).
AN ACT
To provide a $2,000.00 additional homestead exemption from
City of Decatur ad valorem taxes for residents of that city who
have annual incomes not exceeding $8,000.00 and who are 62
years of age or over; to provide for definitions; to specify the
terms and conditions of the exemption and the procedures relat-
ing thereto; to repeal a certain prior homestead exemption; to
provide for a referendum and effective dates; to repeal conflict-
ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. For purposes of this Act, the term:
(1) 'General law exemption means that homestead
exemption from independent school district ad valorem
taxes granted by Code Section 48-5-52 of the O.C.G.A.
to persons 62 years of age or over.
(2) 'Homestead means homestead as defined and
qualified in Code Section 48-5-40.
GEORGIA LAWS 1985 SESSION
4141
(3) 'Income means income for purposes of comput-
ing net taxable income under Chapter 7 of Title 48, relat-
ing to income taxes, including but not limited to any
federal old-age, survivor, or disability insurance benefits
or benefits received from any retirement or pension fund
when such benefits are based on contributions made ther-
eto by that resident or that residents spouse or other
family member residing at the homestead.
Section 2. Each resident of the City of Decatur, Georgia,
who is 62 years of age or over is granted an exemption on that
persons homestead from all City of Decatur ad valorem taxes,
including but not limited to ad valorem taxes of the independent
school system of the City of Decatur, in the amount of $2,000.00
if the income of that resident, together with the income of the
spouse of that resident and all members of the family of that
resident who also reside at such homestead, does not exceed
$8,000.00 for the immediately preceding taxable year. The value
of the homestead in excess of the exempted amount shall remain
subject to taxation.
Section 3. The governing authority of the City of Decatur
or its designee shall provide application forms for the exemption
granted by this Act and shall require with the initial application
an affidavit by the owner as to the age of the owner, and the
income of the owner, owners spouse, and each member of the
owners family residing on the homestead, and such other infor-
mation as may be necessary to determine eligibility of the owner
for the exemption.
Section 4. Any person who, as of January 1, 1986, has
applied for and is eligible for the general law exemption or
that homestead exemption from City of Decatur ad valorem
taxes for persons 65 years of age or over (Ga. L. 1971, p. 940),
shall be eligible for the exemption granted by this Act without
further application. Otherwise, the exemption shall be claimed
and returned as provided in Code Section 48-5-50.1 of the
O.C.G.A. It shall be the duty of any person granted the home-
stead exemption under this Act to notify the governing authority
of the City of Decatur or its designee in the event that person
for any reason becomes ineligible for that exemption.
Section 5. The exemption granted by this Act shall not
apply to or affect any county school taxes, state taxes, or county
taxes for county purposes.
4142 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 6. The exemption granted by this Act shall be in
addition to any other homestead exemption from City of Decatur
ad valorem taxes.
Section 7. That amendment to the Constitution which pro-
vides a $2,000.00 homestead exemption from City of Decatur
ad valorem taxes to persons 65 years of age or over (Ga. L.
1971, p. 940) is repealed when the exemption granted by this
Act becomes effective.
Section 8. The exemption granted by this Act shall apply
to all taxable years beginning after December 31, 1985.
Section 9. The exemption granted by this Act shall be ad-
ministered and granted in the same manner as the general ex-
emption; and, unless otherwise expressly provided in this Act,
all provisions of general law which apply to the general exemp-
tion shall apply to the exemption granted by this Act.
Section 10. Not less than 30 nor more than 90 days prior
to the date of the City of Decatur general election in 1985, it
shall be the duty of the election superintendent of the City of
Decatur to issue the call for an election for the purpose of submit-
ting this Act to the electors of the City of Decatur for approval
or rejection. The superintendent shall set the date of such elec-
tion for the date of that city general election in 1985. The super-
intendent shall cause the date and purpose of the election to
be published once a week for two weeks immediately preceding
the date thereof in the official organ of DeKalb County. The
ballot shall have written or printed thereon the following:
"( ) YES Shall the Act providing a $2,000.00
additional homestead exemption
( ) NO from City of Decatur ad valorem taxes
for residents of that city who have an-
nual incomes not exceeding $8,000.00
and who are 62 years of age or over
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
9 shall become of full force and effect; otherwise, they shall
be void and of no force and effect.
GEORGIA LAWS 1985 SESSION
4143
The expense of such election shall be borne by the City of
Decatur. It shall be the duty of the superintendent to hold and
conduct such election. It shall be the superintendents further
duty to certify the result thereof to the Secretary of State.
Section 11. All laws and parts of laws in conflict with this
Act are repealed.
Notice of Intent to Introduce Local Legislation.
Notice is hereby given of intent to introduce local legislation
in the 1985 Session of the Georgia General Assembly to change
the age and income limits for the low income elderly property
tax exemption in the City of Decatur.
Eleanor Richardson
Rep., District 52
Publishers Certificate.
State of Georgia. County of DeKalb.
Personally appeared before the undersigned, a notary public
within and for said county and State, Gerald Wm. Crane, co-
publisher of Decatur-DeKalb News/Era, a newspaper publisher
at Decatur, county of DeKalb, State of Georgia who, being duly
sworn, states on oath that the report of Elderly property tax
exemption, Local Legislation a true copy of which is hereto an-
nexed, was published in said newspaper in its issue of the 20th
day of December, 1984.
/s/ Gerald W. Crane
Publisher
/s/ Lynn Milner
Agent
Sworn to and subscribed before me,
this 20th day of December, 1984.
/s/ B. Lynn Crane
Notary Public.
My Commission expires January 3, 1986.
(Seal).
Approved March 27, 1985.
4144 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
JONES COUNTY BOARD OF EDUCATION; DATES
CORRECTED.
No. 215 (House Bill No. 606).
AN ACT
To amend an Act reconstituting the membership of the board
of education of Jones County, approved March 21, 1984 (Ga.
L. 1984, p. 4459), so as to correct an error in the description
of the dates of service of the chairman of the board; to provide
for the correct dates of service of the chairman of the board;
to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act reconstituting the membership of the
board of education of Jones County, approved March 21, 1984
(Ga. L. 1984, p. 4459), is amended by striking from the last
sentence of subsection (a) of Section 1 the date "December
31, 1985 and inserting in its place the date "December 31,
1984, so that when so amended said Section 1 shall read as
follows:
"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,
1984.
(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.
GEORGIA LAWS 1985 SESSION
4145
(c) The two members elected in 1984 may reside any-
where 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 boards 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. 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
1985 session of the General Assembly of Georgia a bill to amend
an Act reconstituting the membership of the board of education
of Jones County, approved March 21,1984 (Ga. L. 1984, p. 4459),
so as to correct an error in the description of the dates of service
of the chairman of the board; to provide for the correct dates
of service of the chairman of the board; and for other purposes.
This 12th day of January, 1985.
Kenneth Birdsong
State Representative,
District 104
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 24, 1985.
/s/ Kenneth W. Birdsong
Representative,
104th District
4146 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 5th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 27, 1985.
WHITE COUNTY TAX COMMISSIONER;
COMPENSATION.
No. 217 (House Bill No. 609).
AN ACT
To amend an Act creating the office of tax commissioner
of White County, approved February 23, 1945 (Ga. L. 1945, p.
720), as amended, particularly by an Act approved March 19,
1984 (Ga. L. 1984, p. 4381), so as to change the compensation
of the tax commissioner; to provide an effective date; to repeal
conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act creating the office of tax commissioner
of White County, approved February 23, 1945 (Ga. L. 1945, p.
720), as amended, particularly by an Act approved March 19,
1984 (Ga. L. 1984, p. 4381), is amended by striking Section 5
and inserting in lieu thereof a new Section 5 to read as follows:
"Section 5. (a) The tax commissioner of White County
shall receive an annual salary in the amount provided for
in Code Section 48-5-183 of the O.C.G.A., payable in equal
monthly installments or payable twice monthly in equal in
stallments, at the discretion of the governing authority of
White County, from county funds.
GEORGIA LAWS 1985 SESSION
4147
(b) (1) 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 such amount 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.
(2) In addition to the amounts specified as salary
by this section, the tax commissioner shall also receive
a fee of $3.00 for each fi. fa. he collects.
Section 2. This Act shall become effective upon its ap-
proval 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.
Notice is hereby given that legislation will be introduced
in the 1985 session of the General Assembly relative to the
compensation of the Tax Commissioner of White County.
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 17, 1985.
/s/ William J. Dover
Representative,
11th District
Sworn to and subscribed before me,
this 4th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 27, 1985.
4148 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CITY OF ASHBURN TAX FOR PROMOTION OF
INDUSTRY; LOCAL CONSTITUTIONAL AMENDMENT
CONTINUED.
No. 218 (House Bill No. 621).
AN ACT
To continue in force and effect as a part of the Constitution
of the State of Georgia that constitutional amendment which
was proposed by Resolution Act No. 93 (House Resolution No.
28-83d) of the 1955 General Assembly (Ga. L. 1955, p. 721), and
which was duly ratified at the 1956 general election and which
relates to authorizing the City of Ashburn to levy a tax not to
exceed one mill for the purpose of creating a fund to be used
in assisting, promoting, and encouraging the location of any
industries in the City of Ashburn; to provide the authority for
this Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. That constitutional amendment which was pro-
posed by Resolution Act No. 93 (House Resolution No. 28-83d)
of the 1955 General Assembly (Ga. L. 1955, p. 721), and which
was duly ratified at the 1956 general election and which relates
to authorizing the City of Ashburn to levy a tax not to exceed
one mill for the purpose of creating a fund to be used in assisting,
promoting, and encouraging the location of any industries in
the City of Ashburn shall not be repealed or deleted on July
1, 1987, as a part of the Constitution of the State of Georgia
but is specifically continued in force and effect on and after
that date as a part of the Constitution of the State of Georgia.
Section 2. This Act is passed pursuant to Article XI, Sec-
tion I, Paragraph IV of the Constitution of the State of Georgia
which authorizes the continuation of certain amendments to
the Constitution.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
GEORGIA LAWS 1985 SESSION
4149
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular
1985 session of the General Assembly of Georgia a bill to con-
tinue in force and effect as a part of the Constitution of Georgia
that constitutional amendment which was proposed by Resolu-
tion Act No. 93 (House Resolution No. 28-83d) of the 1955 Gen-
eral Assembly (Ga. L. 1955, p. 721), and which was duly ratified
at the 1965 general election and which relates to authorizing
the City of Ashburn to levy a tax not to exceed one mill for
the purpose of creating a fund to be used in assisting, promoting,
and encouraging the location of any industries in the City of
Ashburn; to provide for related matters; and for other purposes.
This 21st day of January, 1985.
J. I. Youngblood
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: January 24, 1985.
/s/ Earleen Sizemore
Representative,
136th District
Sworn to and subscribed before me,
this 5th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 27, 1985.
4150 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CHATHAM COUNTY RECORDERS COURT;
JURISDICTION; LOCAL CONSTITUTIONAL AMENDMENT
CONTINUED.
No. 219 (House Bill No. 627).
AN ACT
To continue in force and effect as a part of the Constitution
of the State of Georgia that constitutional amendment which
was proposed by Resolution Act No. 225 of the 1980 General
Assembly and which was duly ratified at the 1980 general elec-
tion (Ga. L. 1980, p. 2209) and which relates to jurisdiction of
the Recorders Court of Chatham County to take pleas of guilty
and nolo contendere and to impose sentence in misdemeanor
cases; to provide the authority for this Act; to repeal conflicting
laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. That constitutional amendment which was pro-
posed by Resolution Act No. 225 of the 1980 General Assembly
and which was duly ratified at the 1980 general election (Ga.
L. 1980, p. 2209) and which relates to jurisdiction of the Record-
ers Court of Chatham County to take pleas of guilty and nolo
contendere and to impose sentence in misdemeanor cases shall
not be repealed or deleted on July 1, 1987, as a part of the
Constitution of the State of Georgia but is specifically continued
in force and effect on and after that date as a part of the Constitu-
tion of the State of Georgia.
Section 2. This Act is passed pursuant to Article XI, Sec-
tion I, Paragraph IV of the Constitution of the State of Georgia
which authorizes the continuation of certain amendments to
the Constitution.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Notice is given that there will be introduced at the regular
1985 session of the General Assembly of Georgia a bill to con-
GEORGIA LAWS 1985 SESSION
4151
tinue in force and effect as a part of the Constitution of Georgia
that constitutional amendment which was proposed by Resolu-
tion Act No. 226 of the 1980 General Assembly and which was
duly ratified at the 1980 general election (Ga. L. 1980, p. 2209)
and which relates to jurisdiction of the Recorders Court of Chat-
ham County to take pleas of guilty and nolo contendere and
to impose sentence in misdemeanor cases; to provide for the
authority for this Act; to provide for related matters; and for
other purposes.
This 14th day of January, 1985.
Roy Allen
Rep. 127th Dist.
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Roy L. Allen, who, on oath,
deposes and says that he is Representative from the 127th Dis-
trict, and that the attached copy of Notice of Intention to Intro-
duce Local Legislation was published in the Georgia Gazette
which is the official organ of Chatham County, on the following
date: January 17, 1985.
/s/ Roy L. Allen
Representative,
127th District
Sworn to and subscribed before me,
this 5th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 27, 1985.
4152 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
GLYNN COUNTY CORONER; COMPENSATION.
No. 221 (House Bill No. 646).
AN ACT
To amend an Act establishing a salary system for the coroner
of Glynn County, approved March 6,1961 (Ga. L. 1961, p. 2188),
as amended by an Act approved April 2, 1963 (Ga. L. 1963, p.
2699), so as to change the compensation of the coroner; to provide
an effective date; to repeal conflicting laws; and for other pur-
poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act establishing a salary system for the
coroner of Glynn County, approved March 6, 1961 (Ga. L. 1961,
p. 2188), as amended by an Act approved April 2, 1963 (Ga. L.
1963, p. 2699), is amended by striking Section 1 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 Glynn County is hereby placed on a salary in an amount
to be established by the governing authority of Glynn
County, payable in equal monthly installments from the
funds of Glynn County.
Section 2. This Act shall become effective on the first day
of the month following the month in which it is approved by
the Governor or in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Notice of Intent to Introduce Local Legislation.
Notice is hereby given of the intention to introduce local
legislation in the regular 1985 session of the General Assembly
to amend an Act establishing a salary system for the Coroner
GEORGIA LAWS 1985 SESSION
4153
of Glynn County approved 3-6-61 (Ga. Laws, 1961, page 2188),
as amended so as to change the compensation of the Coroner
and for other purposes.
Dean G. Auten
State Representative
District 156
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 follow-
ing date: February 2, 1985.
/s/ Dean G. Auten
Representative,
156th District
Sworn to and subscribed before me,
this 4th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 27, 1985.
4154 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ROCKDALE COUNTY TAX COMMISSIONER; SALARY.
No. 222 (House Bill No. 656).
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, so as to change the salary of the tax
commissioner; to provide an effective date; to repeal conflicting
laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act creating the office of tax commissioner
of Rockdale County, approved February 26, 1943 (Ga. L. 1943,
p. 1106), as amended, is amended by striking Section 4 in its
entirety and inserting in lieu thereof a new Section 4 to read
as follows:
"Section 4. The tax commissioner of Rockdale County
shall receive an annual salary equal to 49 percent of the
base salary of a superior court judge as set forth in Code
Section 45-7-4 of the O.C.G.A., as now or hereafter amended.
The base salary of a superior court judge shall mean that
salary paid from state funds and shall not include any county
supplement or expense reimbursements. The salary shall
be payable in equal monthly installments from the funds
of Rockdale County. The tax commissioner shall be autho-
rized 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 em-
ployees of Rockdale County if he meets the normal eligibility
requirements of the programs.
Section 2. This Act shall become effective on the first 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 1985 SESSION
4155
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
1985 session of the General Assembly of Georgia a bill to amend
an Act creating the office of tax commissioner of Rockdale
County, approved February 26, 1943 [Ga. L. 1943, p. 1106], as
amended; and for other purposes.
This 18th day of January, 1985.
Troy A. Athon
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 Citi-
zen which is the official organ of Rockdale County, on the follow-
ing date; January 24, 1985.
/s/ Troy A. Athon
Representative,
57th District
Sworn to and subscribed before me,
this 4th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 27, 1985.
4156 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ROCKDALE COUNTY CHIEF MAGISTRATE; SALARY.
No. 223 (House Bill No. 660).
AN ACT
To amend an Act creating a Magistrates Court of Rockdale
County, approved March 13, 1978 (Ga. L. 1978, p. 3907), as
amended, so as to change the annual salary of the chief magis-
trate; to provide 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 Magistrates Court of Rock-
dale County, approved March 13, 1978 (Ga. L. 1978, p. 3907),
as amended, is amended by striking Section 12 of said Act
and inserting in lieu thereof a new Section 12 to read as fol-
lows:
"Section 12. The chief magistrate of the Magistrates
Court of Rockdale County shall receive an annual salary
equal to 41 percent of the base salary of a superior court
judge as set forth in Code Section 45-7-4 of the O.C.G.A.,
as now or hereafter amended. The base salary of a superior
court judge shall mean that salary paid from state funds
and shall not include any county supplement or expense
reimbursements.
Section 2. This Act shall become effective on the first day
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
1985 session of the General Assembly of Georgia a bill to amend
a Act creating a Magistrates Court of Rockdale County, ap-
GEORGIA LAWS 1985 SESSION
4157
proved March 13, 1978 [Ga. L. 1978, p. 3907], as amended; and
for other purposes.
This 18th day of January, 1985.
Troy A. Athon
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 Citi-
zen which is the official organ of Rockdale County, on the follow-
ing date: January 24, 1985.
/s/ Troy A. Athon
Representative,
57th District
Sworn to and subscribed before me,
this 4th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 27, 1985.
4158 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ROCKDALE COUNTY JUDGE OF THE PROBATE COURT;
SALARY.
No. 224 (House Bill No. 661).
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. 2173),
as amended, so as to change the compensation of the judge of
the probate court; to provide an effective date; to repeal conflict-
ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act 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. 2173),
as amended, is amended by striking Section 2 in its entirety
and inserting in lieu thereof a new Section 2 to read as follows:
"Section 2. The judge of the probate court shall receive
an annual salary equal to 49 percent of the base salary of
a superior court judge as set forth in Code Section 45-7-4
of the O.C.G.A., as now or hereafter amended. The base sal-
ary of a superior court judge shall mean that salary paid
from state funds and shall not include any county supple-
ment or expense reimbursements. The salary shall be pay-
able in equal monthly installments from the funds of Rock-
dale 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 pro-
grams.
Section 2. This Act shall become effective on the first 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 1985 SESSION
4159
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
1985 session of the General Assembly of Georgia a bill to amend
an Act providing an annual salary for the judge of the Probate
Court of Rockdale County in lieu of the fee system of compensa-
tion, approved March 4,1969 [Ga. L. 1969, p. 2173], as amended;
and for other purposes.
This 18th day of January, 1985.
Troy A. Athon
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 Citi-
zen which is the official organ of Rockdale County, on the follow-
ing date: January 24, 1985.
/s/ Troy A. Athon
Representative,
57th District
Sworn to and subscribed before me,
this 4th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 27, 1985.
4160 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ROCKDALE COUNTY SHERIFF; COMPENSATION.
No. 225 (House Bill No. 662).
AN ACT
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; to provide 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 Rockdale County
on an annual salary, approved February 18, 1966 (Ga. L. 1966,
p. 2039), 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 sheriff shall receive an annual salary
equal to 60 percent of the base salary of a superior court
judge as set forth in Code Section 45-7-4 of the O.C.G.A.,
as now or hereafter amended. The base salary of a superior
court judge shall mean that salary paid from state funds
and shall not include any county supplement or expense
reimbursements. The salary shall be 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 em-
ployees of Rockdale County if he meets the normal eligibility
requirements of the programs.
Section 2. This Act shall become effective on the first day
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 1985 SESSION
4161
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular
1985 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; and for other purposes.
This 18th day of January, 1985.
Troy A. Athon
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 Citi-
zen which is the official organ of Rockdale County, on the follow-
ing date: January 24, 1985.
/s/ Troy A. Athon
Representative,
57th District
Sworn to and subscribed before me,
this 4th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 27, 1985.
4162 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ROCKDALE COUNTY CORONER; COMPENSATION.
No. 226 (House Bill No. 664).
AN ACT
To amend an Act providing an annual salary for the coroner
of Rockdale County in lieu of a fee system of compensation,
approved April 4, 1967 (Ga. L. 1967, p. 2505), as amended, 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 ft. An Act providing an annual salary for the
coroner of Rockdale County in lieu of a fee system of compensa-
tion, approved April 4, 1967 (Ga. L. 1967, p. 2505), 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 shall receive an annual salary
equal to 8 percent of the base salary of a superior court
judge as set forth in Code Section 45-7-4 of the O.C.G.A.,
as now or hereafter amended. The base salary of a superior
court judge shall mean that salary paid from state funds
and shall not include any county supplement or expense
reimbursements. 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 require-
ments of the programs.
Section 2. This Act shall become effective on the first day
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 1985 SESSION
4163
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular
1985 session of the General Assembly of Georgia a bill to amend
an Act providing an annual salary for the coroner of Rockdale
County in lieu of a fee system of compensation, approved April
4,1967 [Ga. L. 1967, p. 2505], as amended; and for other purposes.
This 18th day of January, 1985.
Troy A. Athon
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 Citi-
zen which is the official organ of Rockdale County, on the follow-
ing date: January 24, 1985.
/s/ Troy A. Athon
Representative,
57th District
Sworn to and subscribed before me,
this 4th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 27, 1985.
4164 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CITY OF STONE MOUNTAIN CITY MANAGER.
No. 227 (House Bill No. 667).
AN ACT
To amend an Act creating a new charter for the City of
Stone Mountain, approved August 21, 1929 (Ga. L. 1929, p.
1309), as amended, so as to authorize the mayor and council
to create the position of city manager and provide for the powers,
duties, appointment, qualifications, and compensation of the city
manager; to provide an effective date; to repeal conflicting laws;
and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act creating a new charter for the City of
Stone Mountain, approved August 21, 1929 (Ga. L. 1929, p.
1309), as amended, is amended by adding, following Section 18,
a new Section 18.1 to read as follows:
"Section 18.1. The mayor and council, acting in their
sole discretion, are authorized to create the position of city
manager and to provide by ordinance for the powers, duties,
appointment, qualifications, and compensation of the city
manager.
Section 2. This Act shall become effective on January 1,
1986.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular
1985 session of the General Assembly of Georgia a bill to amend
an Act creating a new charter for the City of Stone Mountain,
approved August 21, 1929 (Ga. L. 1929, p. 1309); and for other
purposes.
This 31st day of January, 1985.
GEORGIA LAWS 1985 SESSION
4165
Honorable Cas M. Robinson
Representative,
58th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Cas Robinson, who, on oath,
deposes and says that he is Representative from the 58th Dis-
trict, and that the attached copy of Notice of Intention to Intro-
duce Local Legislation was published in the Decatur-Dekalb
News/Era which is the official organ of Dekalb County, on the
following date: January 31, 1985.
/s/ Cas Robinson
Representative,
58th District
Sworn to and subscribed before me,
this 4th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 27, 1985.
CLARKE COUNTY - CITY OF ATHENS SCHOOL SYSTEM
LOCAL CONSTITUTIONAL AMENDMENT CONTINUED.
No. 228 (House Bill No. 670).
AN ACT
To continue in force and effect as a part of the Constitution
of the State of Georgia that constitutional amendment and the
4166 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
several constitutional amendments further amending that con-
stitutional amendment, relating to the merger of the school
systems of Clarke County and the City of Athens, taxation for
the support of said merged school system, and the powers, privi-
leges, and government of said merged school system; to specify
that the constitutional amendments so continued as a part of
the Constitution of the State of Georgia shall be that constitu-
tional amendment which was proposed by Resolution Act No.
80 of the January-February Session of the 1953 General Assem-
bly and which was duly ratified at the 1954 general election
(Ga. L. 1953, Jan.-Feb. Sess., p. 560), as amended by that constitu-
tional amendment which was proposed by Resolution Act No.
53 of the 1966 General Assembly and which was duly ratified
at the 1966 general election (Ga. L. 1966, p. 834), by that constitu-
tional amendment which was proposed by Resolution Act No.
119 of the 1968 General Assembly and which was duly ratified
at the 1968 general election (Ga. L. 1968, p. 1530), and by that
constitutional amendment which was proposed by Resolution
Act No. 229 of the 1970 General Assembly and which was duly
ratified at the 1970 general election (Ga. L. 1970, p. 1147); to
provide for related matters; to provide the authority for this
Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. That constitutional amendment cited below,
and the several cited constitutional amendments further amend-
ing that constitutional amendment, relating to the merger of
the school systems of Clarke County and the City of Athens,
taxation for the support of said merged school system, and the
powers, privileges, and government of said merged school system
shall not be repealed or deleted on July 1, 1987, as a part of
the Constitution of the State of Georgia but are specifically con-
tinued in force and effect on or after that date as a part of
the Constitution of the State of Georgia. The constitutional
amendments so continued as a part of the Constitution of the
State of Georgia are that constitutional amendment which was
proposed by Resolution Act No. 80 of the January-February
Session of the 1953 General Assembly and which was duly rati-
fied at the 1954 general election (Ga. L. 1953, Jan.-Feb. Sess.,
p. 560), as amended by that constitutional amendment which
was proposed by Resolution Act No. 53 of the 1966 General
GEORGIA LAWS 1985 SESSION
4167
Assembly and which was duly ratified at the 1966 general elec-
tion (Ga. L. 1966, p. 834), by that constitutional amendment
which was proposed by Resolution Act No. 119 of the 1968 Gen-
eral Assembly and which was duly ratified at the 1968 general
election (Ga. L. 1968, p. 1530), and by that constitutional amend-
ment which was proposed by Resolution Act No. 229 of the
1970 General Assembly and which was duly ratified at the 1970
general election (Ga. L. 1970, p. 1147).
Section 2. This Act is passed pursuant to Article XI, Sec-
tion I, Paragraph IV of the Constitution of the State of Georgia
which authorizes the continuation of certain amendments to
the 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 regular
1985 session of the General Assembly of Georgia a bill to con-
tinue in force and effect as a part of the Constitution of the
State of Georgia that constitutional amendment and the several
constitutional amendments further amending that constitu-
tional amendment, relating to the merger of the school systems
of Clarke County and the City of Athens, taxation for the support
of said merged school system, and the powers, privileges, and
government of said merged school system; to specify that the
constitutional amendments so continued as a part of the Consti-
tution of State of Georgia shall be that constitutional amend-
ment which was proposed by Resolution Act No. 80 of the Janu-
ary-February Session of the 1953 General Assembly and which
was duly ratified at the 1954 general election (Ga. L. 1953, Jan.-
Feb. Sess., p. 560), as amended by that constitutional amend-
ment which was proposed by Resolution Act. No. 53 of the 1966
General Assembly and which was duly ratified at the 1966 gen-
eral election (Ga. L. 1966, p. 834), by the constitutional amend-
ment which was proposed by Resolution Act. No. 119 of the
1968 General Assembly and which was duly ratified at the 1968
general election (Ga. L. 1968, p. 1530); and by that constitutional
amendment which was proposed by Resolution Act No. 229 of
the 1970 General Assembly and which was duly ratified at the
1970 general election (Ga. L. 1970, p. 1147); to provide the related
4168 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
matters; to provide the authority for this Act; to repeal conflict-
ing laws; and for other purposes.
This 9th day of January, 1985.
C. B. Lord
President
Clarke County
Board of Education
Georgia, Clarke County.
Before me, the undersigned Notary Public, this day person-
ally came Robert W. Chambers, who, being first duly sworn,
according to law, says that he is the Publisher of the Athens
Banner-Herald, the newspaper in which Sheriffs Advertise-
ments for Clarke County are published; that the publication,
of which the annexed is a true copy, was published in said paper
on the 11th day of January, 1985, as provided by law.
/s/ Robert W. Chambers
Sworn to and subscribed before me,
this 14th day of January, 1985.
/s/ Kelly L. Parham
Notary Public, DeKalb County, Georgia.
My Commission Expires April 29, 1986.
(Seal).
Approved March 27, 1985.
GEORGIA LAWS 1985 SESSION
4169
WALKER COUNTY DEVELOPMENT AUTHORITY
LOCAL CONSTITUTIONAL AMENDMENT CONTINUED.
No. 229 (House Bill No. 672).
AN ACT
To continue in force and effect as a part of the Constitution
of the State of Georgia that constitutional amendment which
was proposed by Resolution Act No. 176 of the 1962 General
Assembly and which was duly ratified at the 1962 general elec-
tion (Ga. L. 1962, p. 912) and which relates to creation of the
Walker County Development Authority and the powers and
functions of the authority; to provide the authority for this Act;
to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. That constitutional amendment which was pro-
posed by Resolution Act No. 176 of the 1962 General Assembly
and which was duly ratified at the 1962 general election (Ga.
L. 1962, p. 912) and which relates to creation of the Walker
County Development Authority and the powers and functions
of the authority shall not be repealed or deleted on July 1,
1987, as a part of the Constitution of the State of Georgia but
is specifically continued in force and effect on and after that
date as a part of the Constitution of the State of Georgia.
Section 2. This Act is passed pursuant to Article XI, Sec-
tion I, Paragraph IV of the Constitution of the State of Georgia
which authorizes the continuation of certain amendments to
the 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 regular
1985 session of the General Assembly of Georgia a bill to con-
tinue in force and effect as a part of the Constitution of the
4170 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
State of Georgia that constitutional amendment which was pro-
posed by Resolution Act No. 176 of the 1962 General Assembly
and which was duly ratified at the 1962 general election (Ga.
L. 1962, p. 912) and which relates to creation of the Walker
County Development Authority and the powers and functions
of the authority; to provide the authority for this Act; and for
other purposes.
This 19th day of January, 1985.
/s/ Rep. Forest Hays, Jr.
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, 1985.
/s/ Forest Hays, Jr.
Representative,
1st District
Sworn to and subscribed before me,
this 5th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 27, 1985.
GEORGIA LAWS 1985 SESSION
4171
COWETA COUNTY - CITY OF NEWNAN MERGED SCHOOL
SYSTEM LOCAL CONSTITUTIONAL AMENDMENT
CONTINUED.
No. 230 (House Bill No. 673).
AN ACT
To continue in force and effect as a part of the Constitution
of the State of Georgia that constitutional amendment which
was proposed by Resolution Act No. 100 (HR 557-1216) enacted
at the 1968 session of the General Assembly and which was
duly ratified at the 1968 general election (Ga. L. 1968, p. 1452)
and which merged the Coweta County school system and the
independent school system of the City of Newnan; to provide
the authority for this Act; to repeal conflicting laws; and for
other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. That constitutional amendment which was pro-
posed by Resolution Act No. 100 (HR 557-1216) enacted at the
1968 session of the General Assembly and which was duly rati-
fied at the 1968 general election (Ga. L. 1968, p. 1452) and which
merged the Coweta County school system and the independent
school system of the City of Newnan shall not be repealed or
deleted on July 1, 1987, as a part of the Constitution of the
State of Georgia but is specifically continued in force and effect
on and after that date as a part of the Constitution of the State
of Georgia.
Section 2. This Act is passed pursuant to Article XI, Sec-
tion I, Paragraph IV of the Constitution of the State of Georgia
which authorizes the continuation of certain amendments to
the 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 regular
1985 session of the General Assembly of Georgia a bill to con-
4172 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
tinue in force and effect as a part of the Constitution of the
State of Georgia that constitutional amendment which was pro-
posed by Resolution Act No. 100 (HR 557-1216) enacted at the
1968 session of the General Assembly and which was duly rati-
fied at the 1968 general election (Ga. L. 1968, p. 1452) and which
merged the Coweta County school system and the independent
school system of the City of Newnan; to provide the authority
for this Act; to provide for related matters; and for other pur-
poses.
This 24th day of January, 1985.
J. Neal Shepard, Jr.
Representative
71st District
Georgia, Coweta County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, J. Neal Shepard, Jr., who,
on oath, deposes and says that he is Representative from the
71st District, and that the attached copy of Notice of Intention
to Introduce Local Legislation was published in the Newnan
Times-Herald, which is the official organ of Coweta County, on
the following date: January 31, 1985.
/s/ J. Neal Shepard, Jr.
Representative,
71st District
Sworn to and subscribed before me,
this 31st day of January, 1985.
/s/ Dorothy D. Vaughn
Notary Public, State of Georgia.
My Commission Expires: 9-22-87.
(Seal).
Approved March 27, 1985.
GEORGIA LAWS 1985 SESSION
4173
COWETA COUNTY DEVELOPMENT AUTHORITY LOCAL
CONSTITUTIONAL AMENDMENT CONTINUED.
No. 231 (House Bill No. 674).
AN ACT
To continue in force and effect as a part of the Constitution
of the State of Georgia that constitutional amendment which
was proposed by Resolution Act No. 181 (HR No. 274-596) en-
acted at the 1966 session of the General Assembly and which
was duly ratified at the 1966 general election (Ga. L. 1966, p.
1101) and which creates the Coweta County Development Au-
thority; to provide the authority for this Act; to repeal conflicting
laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. That constitutional amendment which was pro-
posed by Resolution Act No. 181 (HR No. 274-596) enacted at
the 1966 session of the General Assembly and which was duly
ratified at the 1966 general election (Ga. L. 1966, p. 1101) and
which creates the Coweta County Development Authority shall
not be repealed or deleted on July 1, 1987, as a part of the
Constitution of the State of Georgia but is specifically continued
in force and effect on and after that date as a part of the Constitu-
tion of the State of Georgia.
Section 2. This Act is passed pursuant to Article XI, Sec-
tion I, Paragraph IV of the Constitution of the State of Georgia
which authorizes the continuation of certain amendments to
the 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 regular
1985 session of the General Assembly of Georgia a bill to con-
tinue in force and effect as a part of the Constitution of the
4174 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
State of Georgia that constitutional amendment which was pro-
posed by Resolution Act No. 181 (HR No. 274-596) enacted at
the 1966 session of the General Assembly and which was duly
ratified at the 1966 general election (Ga. L. 1966, p. 1101) and
which creates the Coweta County Development Authority; to
provide the authority for this Act; to provide for related matters;
and for other purposes.
This 24th day of January, 1985.
J. Neal Shepard, Jr.
Representative
71st District
Georgia, Coweta County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, J. Neal Shepard, Jr., who,
on oath, deposes and says that he is Representative from the
71st District, and that the attached copy of Notice of Intention
to Introduce Local Legislation was published in the Newnan
Times-Herald, which is the official organ of Coweta County, on
the following date: January 31, 1985.
/s/ J. Neal Shepard, Jr.
Representative,
71st District
Sworn to and subscribed before me,
this 31st day of January, 1985.
/s/ Dorothy D. Vaughn
Notary Public, State of Georgia.
My Commission Expires: 9-22-87.
(Seal).
Approved March 27, 1985.
GEORGIA LAWS 1985 SESSION
4175
COWETA COUNTY WATER, SANITATION, SEWERAGE,
AND FIRE DISTRICTS; LOCAL CONSTITUTIONAL
AMENDMENT CONTINUED.
No. 232 (House Bill No. 675).
AN ACT
To continue in force and effect as a part of the Constitution
of the State of Georgia that constitutional amendment which
was proposed by Resolution Act No. 133 (HR No. 408-927) en-
acted at the 1964 session of the General Assembly and which
was duly ratified at the 1964 general election (Ga. L. 1964, p.
906) and which authorizes Coweta County to establish water,
sanitation, sewerage, and fire protection districts; to provide
the authority for this Act; to repeal conflicting laws; and for
other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. That constitutional amendment which was pro-
posed by Resolution Act No. 133 (HR No. 408-927) enacted at
the 1964 session of the General Assembly and which was duly
ratified at the 1964 general election (Ga. L. 1964, p. 906) and
which authorizes Coweta County to establish water, sanitation,
sewerage, and fire protection districts shall not be repealed or
deleted on July 1, 1987, as a part of the Constitution of the
State of Georgia but is specifically continued in force and effect
on and after that date as a part of the Constitution of the State
of Georgia.
Section 2. This Act is passed pursuant to Article XI, Sec-
tion I, Paragraph IV of the Constitution of the State of Georgia
which authorizes the continuation of certain amendments to
the 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 regular
1985 session of the General Assembly of Georgia a bill to con-
4176 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
tinue in force and effect as a part of the Constitution of the
State of Georgia that constitutional amendment which was pro-
posed by Resolution Act No. 133 (HR No. 408-927) enacted at
the 1964 session of the General Assembly and which was duly
ratified at the 1964 general election (Ga. L. 1964, p. 906) and
which authorizes Coweta County to establish water, sanitation,
sewerage and fire protection districts; to provide the authority
for this Act; to provide for related matters; and for other pur-
poses.
This 24th day of January, 1985.
J. Neal Shepard, Jr.
Representative,
71st District
Georgia, Coweta County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, J. Neal Shepard, Jr., who,
on oath, deposes and says that he is Representative from the
71st District, and that the attached copy of Notice of Intention
to Introduce Local Legislation was published in the Newnan
Times-Herald, which is the official organ of Coweta County, on
the following date: January 31, 1985.
/s/ J. Neal Shepard, Jr.
Representative,
71st District
Sworn to and subscribed before me,
this 31st day of January, 1985.
/s/ Dorothy D. Vaughn
Notary Public, State of Georgia.
My Commission Expires: 9-22-87.
(Seal).
Approved March 27, 1985.
GEORGIA LAWS 1985 SESSION
4177
COWETA COUNTY BOARD OF EDUCATION; LEASES
AND CONTRACTS; LOCAL CONSTITUTIONAL
AMENDMENT CONTINUED.
No. 233 (House Bill No. 677).
AN ACT
To continue in force and effect as a part of the Constitution
of the State of Georgia that constitutional amendment which
was proposed by Resolution Act No. 19 (HR No. 128-535) enacted
at the 1975 session of the General Assembly and which was
duly ratified at the 1976 general election (Ga. L. 1975, p. 1692)
and which authorized the Board of Education of Coweta County
to enter into certain leases, contracts, and agreements; to pro-
vide the authority for this Act; to repeal conflicting laws; and
for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. That constitutional amendment which was pro-
posed by Resolution Act No. 19 (HR No. 128-535) enacted at
the 1975 session of the General Assembly and which was duly
ratified at the 1976 general election (Ga. L. 1975, p. 1692) and
which authorized the Board of Education of Coweta County to
enter into certain leases, contracts, and agreements shall not
be repealed or deleted on July 1, 1987, as a part of the Constitu-
tion of the State of Georgia but is specifically continued in force
and effect on and after that date as a part of the Constitution
of the State of Georgia.
Section 2. This Act is passed pursuant to Article XI, Sec-
tion I, Paragraph IV of the Constitution of the State of Georgia
which authorizes the continuation of certain amendments to
the 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 regular
1985 session of the General Assembly of Georgia a bill to con-
4178 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
tinue in force and effect as a part of the Constitution of the
State of Georgia that constitutional amendment which was pro-
posed by Resolution Act No. 19 (HR No. 128-535) enacted at
the 1975 session of the General Assembly and which was duly
ratified at the 1976 general election (Ga. L. 1975, p. 1692) and
which authorized the Board of Education of Coweta County to
enter into certain leases, contracts, and agreements; to provide
the authority for this Act; to provide for related matters; and
for other purposes.
This 24th day of January, 1985.
J. Neal Shepard, Jr.
Representative,
71st District
Georgia, Coweta County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, J. Neal Shepard, Jr., who,
on oath, deposes and says that he is Representative from the
71st District, and that the attached copy of Notice of Intention
to Introduce Local Legislation was published in the Newnan
Times-Herald, which is the official organ of Coweta County, on
the following date: January 31, 1985.
/s/ J. Neal Shepard, Jr.
Representative,
71st District
Sworn to and subscribed before me,
this 31st day of January, 1985.
/s/ Dorothy D. Vaughn
Notary Public, State of Georgia.
My Commission Expires: 9-22-87.
(Seal).
Approved March 27, 1985.
GEORGIA LAWS 1985 SESSION
4179
DAWSON COUNTY BUSINESS AND OCCUPATIONAL
LICENSE TAXES.
No. 234 (House Bill No. 707).
AN ACT
To authorize the governing authority of Dawson County to
impose business and occupational license taxes and license fees
upon persons, firms, and corporations doing business in the unin-
corporated area of the county; to provide exceptions; to provide
for related matters; to provide for a referendum; to repeal con-
flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. (a) The governing authority of Dawson County
is authorized to levy, assess, and collect business and occupa-
tional license taxes and license fees from all persons, firms,
and corporations doing business in the unincorporated area of
Dawson 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 un-
der 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 authoriz-
ing 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 Dawson County is author-
ized to classify businesses and to assess different taxes and fees
4180 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
against different classes of businesses being carried on in the
unincorporated area of the county.
(d) The governing authority of Dawson County is au-
thorized to enact ordinances for the enforcement of this Act
and to provide for the punishment of violations of such ordi-
nances.
Section 2. Not less than 30 nor more than 45 days before
the date of the November, 1986, general election or not less
than 30 days prior thereto in the event of a special county-
wide election in Dawson County for any purpose before the 1986
general election, the election superintendent of Dawson County
shall issue the call for an election for the purpose of submitting
this Act to the electors of Dawson County for approval or rejec-
tion. The superintendent shall set the date of the election for
the date of the November, 1986, general election or the date
of the special county-wide election before the 1986 general elec-
tion. 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 Dawson County. The ballot shall have written
or printed thereon the words:
"( ) YES Shall the provisions of the Act au-
thorizing the governing authority of
( ) NO Dawson County to impose business
and occupational license taxes and li-
cense 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 of this
Act at the 1986 general election, then Section 1 of this Act
shall become of full force and effect on January 1, 1987; other-
wise Section 1 of this Act shall be void; or, if more than one-
half of the votes cast are for approval of this Act at any special
county-wide election before the 1986 general election, then Sec-
tion 1 of this Act shall become of full force and effect on the
first day of the month following its approval; otherwise Section
1 of this Act shall be void and no election shall be conducted
at the 1986 general election to determine if Section 1 of this
Act shall become of full force and effect.
GEORGIA LAWS 1985 SESSION
4181
The expense of such election shall be borne by Dawson
County. The election superintendent of Dawson 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 given that there will be introduced at the regular
1985 session of the General Assembly of Georgia a bill to autho-
rize the governing authority of Dawson County to impose busi-
ness and occupational license taxes and fees and for matters
relative thereto; and for other purposes.
This 22nd day of January, 1985.
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Joe T. Wood, who, on oath,
deposes and says that he is Representative from the 9th District,
and that the attached copy of Notice of Intention to Introduce
Local Legislation was published in the Dawson County Adver-
tiser which is the official organ of Dawson County, on the follow-
ing date: January 24, 1985.
/s/ Joe T. Wood
Representative,
9th District
Sworn to and subscribed before me,
this 6th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 27, 1985.
4182 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CITY OF EATONTON CORPORATE LIMITS.
No. 235 (House Bill No. 721).
AN ACT
To amend an Act creating and establishing a new charter
for the City of Eatonton, approved August 5, 1908 (Ga. L. 1908,
p. 620), 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 and establishing a new charter
for the City of Eatonton, approved August 5, 1908 (Ga. L. 1908,
p. 620), as amended, is amended by adding immediately follow-
ing Section 2C a new Section 2D to read as follows:
"Section 2D. The corporate limits of the City of Eaton-
ton shall include the territory described as follows:
'All that property and area encompassing 455.9 acres,
plus or minus, as shown on that plat prepared by Ameri-
can Testing Laboratories, dated December 14, 1984, and
recorded in Plat Book 12, p. 123 in the Office of the Clerk
of the Superior Court of Putnam County, Georgia.
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 Eatonton, Georgia, notice is hereby given that there
will be introduced in the regular 1985 session of the General
Assembly of Georgia a bill to amend the charter of the City
of Eatonton, Georgia, approved by Georgia Laws of 1908, page
620 as amended so as to extend the city limits and for other
purposes.
Jesse Copelan, Jr.
Representative,
106th Representative
District
GEORGIA LAWS 1985 SESSION
4183
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 Eatonton
Messenger which is the official organ of Putnam County, on
the following date: December 20, 1984.
/s/ Jesse Copelan, Jr.
Representative,
106th District
Sworn to and subscribed before me,
this 6th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 27, 1985.
STATE COURT OF CLINCH COUNTY JUDGE AND
SOLICITOR; SALARY.
No. 236 (House Bill No. 744).
AN ACT
To amend an Act creating and establishing the State Court
of Clinch County, approved January 29, 1943 (Ga. L. 1943, p.
731), as amended, particularly by an Act approved March 30,
1971 (Ga. L. 1971, p. 2644), so as to authorize the board of com-
missioners of Clinch County to fix the salary of the judge and
solicitor of said court within certain limits; to repeal conflicting
laws; and for other purposes.
4184 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act creating and establishing the State
Court of Clinch County, approved January 29,1943 (Ga. L. 1943,
p. 731), as amended, particularly by an Act approved March
30, 1971 (Ga. L. 1971, p. 2644), is amended by striking Section
10 in its entirety and substituting in lieu thereof a new Section
10 to read as follows:
"Section 10. There shall be a judge of said court who
shall be elected by the qualified voters of Clinch County
and commissioned by the Governor and who shall hold his
office for a period of four years and thereafter until his suc-
cessor is qualified. Vacancies in said office shall be filled
by appointment by the Governor for the unexpired term.
The judge of said court shall receive an annual salary of
not less than $2,400.00 and not more than $9,600.00, the
exact amount to be determined by a majority vote of the
board of commissioners of Clinch County. Said salary shall
be paid monthly out of the general funds of the county.
Said judge shall receive no other compensation from the
County of Clinch but shall not be disqualified to practice
law in courts other than his own. It shall be the duty of
the board of commissioners of said county, or other proper
officer, to make provisions annually for this purpose in levy-
ing taxes.
Section 2. Said Act is further amended by striking Section
14 in its entirety and substituting in lieu thereof a new Section
14 to read as follows:
"Section 14. (a) There shall be a solicitor of said court
who shall be elected by the qualified voters of Clinch County
and commissioned by the Governor and who shall hold his
office for a period of four years and thereafter until his suc-
cessor is qualified. Vacancies in said office shall be filled
by appointment by a majority of the board of commissioners
of Clinch County for the unexpired term. Said solicitor shall
receive the same fees for each written accusation as are
allowed for each indictment in the superior court and his
fees for all other services rendered shall be the same as
allowed district attorneys of the superior courts, but all such
GEORGIA LAWS 1985 SESSION
4185
fees shall be paid into the county treasury by said solicitor
as collected and, in lieu thereof, he shall receive an annual
salary of not less than $2,400.00 and not more than $6,000.00,
the exact amount to be determined by a majority vote of
the board of commissioners of Clinch County. Said salary
shall be paid monthly out of the general funds of the county.
The said solicitor shall receive no other fees or compensation
for his services from the County of Clinch, except that the
solicitor of said court shall, for his services in the Supreme
Court and Court of Appeals, be paid out of the state treasury
in the same manner as the district attorney of the superior
court is paid for like services rendered in such courts.
(b) The solicitor of said court shall be at least 21 years
of age, a duly licensed practicing attorney, and a bona fide
resident of Clinch County. The solicitor of said court must
have been a resident of Clinch County for 12 months before
assuming office and must remain a resident of Clinch County
during the tenure of office to which elected.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular
1985 session of the General Assembly of Georgia a bill to amend
an Act creating and establishing the State Court of Clinch
County, approved January 29, 1943 (Ga. L. 1943, p. 731), as
amended, particularly by an Act approved March 30, 1971 (Ga.
L. 1971, p. 2644), so as to authorize the board of Commissioners
of Clinch County to fix the salary of the judge and solicitor of
said court within certain limits; and for other purposes.
This 24th day of January, 1985.
Tom Crosby, Jr.
Representative,
150th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Tom Crosby, who, on oath,
4186 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
deposes and says that he is Representative from the 150th Dis-
trict, and that the attached copy of Notice of Intention to Intro-
duce Local Legislation was published in the Clinch County News
which is the official organ of Clinch County, on the following
date: January 24, 1985.
/s/ Tom Crosby
Representative,
150th District
Sworn to and subscribed before me,
this 4th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 27, 1985.
STATE COURT OF PIERCE COUNTY JUDGE AND
SOLICITOR; COMPENSATION.
No. 237 (House Bill No. 745).
AN ACT
To amend an Act establishing the State Court of Pierce
County, approved August 15, 1911 (Ga. L. 1911, p. 210), as
amended, particularly by an Act approved March 4,1977 (Ga. L.
1977, p. 2966), so as to change the compensation of the judge
and solicitor of the state court; to provide an effective date; to
repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act establishing the State Court of Pierce
County, approved August 15, 1911 (Ga. L. 1911, p. 210), as
GEORGIA LAWS 1985 SESSION
4187
amended, particularly by an Act approved March 4,1977 (Ga. L.
1977, p. 2966), is amended by striking Section 2A and inserting
in lieu thereof a new Section 2A to read as follows:
"Section 2A. The judge of the State Court of Pierce
County shall receive a salary of $7,200.00 per annum.
Section 2. Said Act is further amended by striking Section
4A and inserting in lieu thereof a new Section 4A to read as
follows:
"Section 4A. The solicitor of the State Court of Pierce
County shall receive a salary of $7,200.00 per annum.
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 1985 session of the General Assembly of Georgia, a bill
to amend an act creating the State Court of Pierce County,
formerly the City Court of Blackshear approved August 15,1911
(Ga. L. 1911, p. 210), as amended, so as to change the compensa-
tion of the judge and the solicitor of said court; to provide an
effective date; to repeal conflicting laws; and for other purposes.
This 22nd day of January, 1985.
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
4188 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Introduce Local Legislation was published in the Blackshear
Times which is the official organ of Pierce County, on the follow-
ing date: January 24, 1985.
/s/ Tommy Smith
Representative,
152nd District
Sworn to and subscribed before me,
this 8th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 27, 1985.
STATE COURT OF ELBERT COUNTY TERMS; SALARIES
OF JUDGE AND SOLICITOR; CLERK; JURORS.
No. 238 (House Bill No. 749).
AN ACT
To amend an Act establishing the State Court of Elbert
County (formerly known as the City Court of Elberton), approved
December 19,1896 (Ga. L. 1896, p. 287), as amended, particularly
by an Act approved February 6, 1952 (Ga. L. 1952, p. 2211),
an Act approved February 8, 1955 (Ga. L. 1955, p. 2117), an
Act approved March 27, 1972 (Ga. L. 1972, p. 2396), and an
Act approved March 26, 1980 (Ga. L. 1980, p. 4199), so as to
change the terms of said court; to change the provisions relating
to the salaries of the judge and solicitor; to change the provisions
relating to the clerk; to change the provisions relating to the
number of jurors in criminal cases; to provide an effective date;
to repeal conflicting laws; and for other purposes.
GEORGIA LAWS 1985 SESSION
4189
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act establishing the State Court of Elbert
County (formerly known as the City Court of Elberton), approved
December 19,1896 (Ga. L. 1896, p. 287), as amended, particularly
by an Act approved February 6, 1952 (Ga. L. 1952, p. 2211),
an Act approved February 8, 1955 (Ga. L. 1955, p. 2117), an
Act approved March 27, 1972 (Ga. L. 1972, p. 2396), and an
Act approved March 26, 1980 (Ga. L. 1980, p. 4199), is amended
by striking from Section 1 of that amendatory Act approved
February 6, 1952 (Ga. L. 1952, p. 2211), as amended by an Act
approved March 27, 1972 (Ga. L. 1972, p. 2396) the following:
$500.00 per month,
and substituting in lieu thereof the following:
$950.00 per month,
so that when so amended Section 1 shall read as follows:
"Section 1. Be it enacted by the General Assembly of
Georgia, and it is hereby enacted by authority of the same,
that the Act of the General Assembly of Georgia approved
December 19,1896 (Ga. L. 1896, p. 287) and all Acts amenda-
tory thereof, shall be amended by increasing the salary of
the judge of said court after the passage and approval of
this Act, to the sum of $950.00 per month, which shall in-
clude compensation for all office expenses, and to fix same
thereat, to be paid to him each month out of the treasury
of the County of Elbert.
Section 2. Said Act is further amended by striking from
Section 3 of said amendatory Act approved February 6, 1952
(Ga. L. 1952, p. 2211), as amended by an Act approved March
27, 1972 (Ga. L. 1972, p. 2396), the following:
$500.00 per month,
and substituting in lieu thereof the following:
$950.00 per month,
4190 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
so that when so amended said Section 3 shall read as fol-
lows:
"Section 3. Be it enacted by the authority aforesaid,
and it is hereby enacted by authority of the same, that the
Act of the General Assembly of Georgia establishing the
City Court of Elberton, in Elbert County, approved December
19, 1896 (Ga. L. 1896, p. 287) and all Acts amendatory
thereof, be further amended so as to increase the salary of
the solicitor of the said court to the sum of $950.00 per
month, which shall include compensation for all office ex-
penses, and to fix same thereat, to be paid to him each month
out of the treasury of the County of Elbert.
Section 3. Said Act is further amended by striking Section
2 of the amendatory Act approved February 8, 1955 (Ga. L.
1955, p. 2117) and by striking Section 7 of the Act approved
December 19, 1896 (Ga. L. 1896, p. 287) and inserting in place
of that stricken Section 7 a new Section 7 to read as follows:
"Section 7. There shall be a clerk of said court and
the clerk of that court shall be the clerk of the Superior
Court of Elbert county; provided, however, that the clerk
of the Superior Court of Elbert County shall be entitled to
one deputy clerk to assist with the State Court of Elbert
County and the expense of one deputy clerk of the superior
court shall be paid from the treasury of the County of Elbert
for that purpose and provided further that the expense of
documents, printing, docket books, and necessary supplies
of the State Court of Elbert County shall be paid from the
treasury of the County of Elbert.
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. After the effective date of this Act, there
shall be four terms of the State Court of Elbert County held
each year beginning on the following dates:
Second Monday in March
Second Monday in May
GEORGIA LAWS 1985 SESSION
4191
Second Monday in September
Second Monday in November
The judge of said court shall have the power to hold said
court in session from term to term.
Section 5. Said Act is further amended by striking Section
24 and inserting in lieu thereof a new Section 24 to read as
follows:
"Section 24. All laws with reference to the qualification,
empaneling, and challenging of jurors, now in force or here-
inafter to be enacted, regulating the same in the superior
courts, shall apply to and be observed in said court except
when inconsistent with the provisions of Acts relating specif-
ically to said court. In all cases where civil issues are to
be tried by jury, the parties shall be entitled to a full panel
of 24 from which to strike. In civil cases each party shall
be entitled to six peremptory challenges. In all cases where
criminal issues are to be tried by jury, the parties shall be
entitled to a panel of 12 from which to strike, and in criminal
cases the defendant shall be entitled to four peremptory
challenges and the state shall be entitled to two peremptory
challenges, and all laws and rules governing the selection
of juries in the superior courts shall apply to said court unless
inconsistent with this Act.
Section 6. Said Act is further amended by striking Section
25 and inserting in lieu thereof a new Section 25 to read as
follows:
"Section 25. In all civil cases pending in which a jury
is demanded by either party, as provided in Section 14 of
this Act, a jury shall be had in term under the provisions
of this Act, by a jury of 12 jurors as in the superior courts.
In all criminal cases pending in said court in which a jury
is not waived, a jury trial shall be had in term time under
the provisions of this Act by a jury of six jurors. All civil
cases in which no jury is demanded by either party shall
be tried by the court in term time, and all criminal cases
in which a jury is waived by defendant shall be tried by
the court in term time, and said court shall be open for
the trial of such criminal cases at all times.
4192 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 7. This Act shall become effective July 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 1985 session of the General Assembly of Georgia legisla-
tion to amend an Act establishing the State Court of Elbert
County (formerly known as the City Court of Elberton), approved
December 19, 1896 (Ga. Laws 1896, p. 287) as amended, so as
to change the terms of said court; to change the provisions relat-
ing to the salaries of the judge and solicitor; to change the provi-
sions relating to the Clerk; to change the provisions relating
to the number of jurors in criminal cases; to provide an effective
date; to repeal conflicting laws; and for other purposes.
This 30 day of January, 1985.
/s/ Charles W. Yeargin
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 which is the official organ of Elbert County, on the following
date: February 5, 1985.
/s/ Charles W. Yeargin
Representative,
14th District
Sworn to and subscribed before me,
this 11th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 27, 1985.
GEORGIA LAWS 1985 SESSION
4193
TIFT COUNTY BOARD OF ELECTIONS AND
REGISTRATION; CREATED.
No. 239 (House Bill No. 762).
AN ACT
To create a board of elections and registration in Tift 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 pro-
cedures; to provide for the qualifications and terms of the mem-
bers of said board; to provide a method for the appointment,
resignation, and removal of its members; to provide for a chair-
man and operating budget of the board and other needs to exe-
cute its duties; to provide for compensation for the members
of said board; to provide for other matters relative to the forego-
ing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Pursuant to authorization contained in subsec-
tion (b) of Code Section 21-2-40 of the O.C.G.A., there is created
a Tift County Board of Elections and Registration and said board
is empowered with the powers and duties of the election superin-
tendent 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 Tift County Board of Elections and
Registration shall be comprised of five members.
(b) The members of said board shall be electors and resi-
dents of Tift County and shall be selected in the following man-
ner: two members shall be appointed by the board of commission-
ers of the county one of whom shall serve an initial term of
four years and one of whom shall serve an initial term of one
year; one member shall be appointed by the probate judge of
the county and shall serve an initial term of three years; one
4194 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
member shall be appointed by the Georgia General Assembly
Representative from House District #138 and shall serve an
initial term of four years; one member shall be appointed by
the chief superior court judge of the county and shall serve
an initial term of two years. The initial appointments shall
be made and the appointees commissioned not later than 30
days from the effective date of this Act. Thereafter, members
shall be appointed by their respective appointing authority for
terms of office of four years each and until their successors are
duly appointed and qualified. The members of the board shall
elect one of their number to serve as chairman.
Section 3. (a) Any elector and resident of Tift County
shall be eligible for membership on the board of elections and
registration 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 members qualifying as a candidate for elective public of-
fice.
(b) Each member of the board of elections and registration
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.
Section 4. The appointment of each member shall be made
by the respective appointing authority 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 certi-
fying 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. In the event any appointing
authority fails (1) to make a regular appointment within the
times specified in this section and in Section 2, or (2) to make
an interim appointment to fill a vacancy within 90 days after
the occurrence of such vacancy, such regular member or the
GEORGIA LAWS 1985 SESSION
4195
member to fill such vacancy shall be appointed forthwith by
the county governing authority.
Section 5. Members of the board shall be eligible to succeed
themselves and shall have the right to resign at any time by
giving written notice of resignation to their respective appoint-
ing 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 member before the expiration of his term, by removal,
death, or resignation, or otherwise, the respective appointing
authority shall appoint a successor to serve the remainder of
the unexpired term. 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 is recorded and certified.
Section 7. The official capacity of the board provided for
under this Act shall become effective as soon as all members
are duly appointed but not later than 30 days after the effective
date of this Act. 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. Upon the effective date of this Act creating the
Tift County Board of Elections and Registration, the present
Board of Registrars of Tift County shall be abolished and shall
deliver 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. The election superintendent of Tift County shall
likewise be relieved of any responsibilities pertaining to the
conduct of elections and shall deliver 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 9. (a) The Tift County Board of Elections and
Registration shall be empowered with all the powers and duties
4196 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
relating to the conduct of elections as election superintendents
pursuant to the provisions of Title 21 of the O.C.G.A.
(b) The Tift County Board of Elections and Registration
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 O.C.G.A.
(c) This Act is intended to implement the provisions of sub-
section (b) of Code Section 21-2-40 of the O.C.G.A. and shall
be construed liberally so as to effectuate that purpose.
(d) The board shall propose an annual budget to the county
governing authority for approval or negotiation detailing the
expenditures necessary for the execution of its duties.
Section 10. Compensation for members of the board of elec-
tions and registration shall be fixed by the county governing
authority and shall be paid from county funds. The governing
authority shall provide the board with suitable office space and
other needs and assistance as necessary for the board to execute
its responsibilities.
Section 11. The chairman of the board of elections and
registration shall be the chief executive officer and shall gener-
ally supervise, direct, and control the administration of the af-
fairs of the board pursuant to law and duly adopted resolutions
of the board. The board shall fix and establish, by appropriate
resolution entered on its minutes, directives governing the exe-
cution of matters within its jurisdiction.
Section 12. All laws and parts of laws in conflict with this
Act are repealed.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular
1985 session of the General Assembly of Georgia a bill to create
a board of elections and registration in Tift County; to provide
a method for the appointment, resignation, and removal of mem-
GEORGIA LAWS 1985 SESSION
4197
bers; to provide for compensation for the members of the board;
to provide for other matters relative to the foregoing; and for
other purposes.
This 5th day of Feb., 1985.
/s/ Honorable Henry Bostick
Representative,
138th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Henry Bostick, who, on
oath, deposes and says that he is Representative from the 138th
District, and that the attached copy of Notice of Intention to
Introduce Local Legislation was published in the Tifton Gazette
which is the official organ of Tift County, on the following date:
February 9, 1985.
/s/ Henry Bostick
Representative,
138th District
Sworn to and subscribed before me,
this 11th day of February, 1985.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 11, 1988.
(Seal).
Approved March 27, 1985.
4198 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
FAYETTE COUNTY SCHOOL SUPERINTENDENT;
APPOINTMENT BY BOARD OF EDUCATION;
REFERENDUM.
No. 240 (House Bill No. 781).
AN ACT
To provide that the school superintendent of the Fayette
County School District shall be appointed by the board of educa-
tion rather than elected; to provide that the current school su-
perintendent shall serve out the term for which he was elected;
to provide that the term of future school superintendents shall
be contractually agreed upon by the board and the superinten-
dent at no more than four years; to provide for all matters
related to the foregoing; to provide for a special election for
the purpose of approval or disapproval of the foregoing by the
voters of the Fayette County School District; to repeal conflicting
laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. The school superintendent of the Fayette
County School District in office on the effective date of this sec-
tion shall serve out the term for which he was elected. All future
school superintendents of the Fayette County School District
shall be appointed by the Fayette County Board of Education.
The term of each school superintendent appointed by the board
shall be contractually agreed upon by the board of education
and the superintendent at no more than four years. No such
contract, however, shall preclude the removal from office of the
school superintendent in any manner authorized by statute;
and any such contract shall provide that the board of education
may remove the school superintendent from office for good cause
after notice and hearing.
Section 2. Not less than 30 days nor more than 60 days
before the date of the November, 1986, general election, the
GEORGIA LAWS 1985 SESSION
4199
election superintendent of Fayette County shall issue the call
for an election for the purpose of submitting this Act to the
voters of the Fayette County School District. The superintendent
shall set the date of the election for the date of the November,
1986, 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 of the election in
the official organ of Fayette County. The ballot shall have
printed thereon the following:
"( ) YES Shall the Act which provides that
future school superintendents of the
( ) NO Fayette County School District shall
be appointed by the board of educa-
tion be approved?
All persons desiring to vote for approval shall vote "Yes
and those persons desiring to vote against approval shall vote
"No. If more than one-half of the votes cast are for approval,
then Section 1 of this Act shall become effective immediately;
otherwise said Section 1 of this Act shall be void.
The expense of the election shall be borne by Fayette County.
The election superintendent shall hold and conduct the election
and 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
1985 session of the General Assembly of Georgia a bill to provide
that future school superintendents of the Fayette County School
District shall be appointed by the board of education; to provide
for related matters; and for other purposes.
This 1 day of February, 1985.
Paul W. Heard
State Representative,
Fayette County
4200 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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: February 6, 1985.
/s/ Paul W. Heard, Jr.
Representative,
43rd District
Sworn to and subscribed before me,
this 8th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 27, 1985.
JACKSON COUNTY BOARD OF COMMISSIONERS;
COMPENSATION.
No. 241 (House Bill No. 782).
AN ACT
To amend an Act creating the office of tax commissioner
of Jackson County, placing the clerk of the superior court, the
sheriff, the judge of the probate court, and the tax commissioner
on a salary basis of compensation and providing for the compen-
GEORGIA LAWS 1985 SESSION
4201
sation of the chairman and members of the Board of Commis-
sioners of Jackson County, approved March 21, 1968 (Ga. L.
1968, p. 2536), as amended, so as to change the compensation
of the chairman and other members of the board of commission-
ers; to provide 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 Jackson County, placing the clerk of the superior court, the
sheriff, the judge of the probate court, and the tax commissioner
on a salary basis of compensation and providing for the compen-
sation of the chairman and members of the Board of Commis-
sioners of Jackson County, approved March 21, 1968 (Ga. L.
1968, p. 2536), as amended, is amended by striking Section 14
in its entirety and substituting in lieu thereof a new Section
14 to read as follows:
"Section 14. The chairman of the Board of Commission-
ers of Jackson County shall receive an annual salary equal
to the annual salary of the county officer in Jackson County
receiving the highest salary under a general minimum sal-
ary law or any local law. Said salary shall be paid in equal
monthly installments from the funds of Jackson County.
The members of the Board of Commissioners of Jackson
County, other than the chairman, shall each receive a salary
of $6,000.00 per annum, payable in equal monthly install-
ments from the funds of Jackson County. The members of
the board of commissioners, other than the chairman, shall
be reimbursed for their actual and necessary travel expenses
for travel which has been approved in advance, in writing,
by the chairman of the board of commissioners, upon presen-
tation of a signed voucher setting forth the expenses incurred
in such travel.
Section 2. This Act shall become effective on April 1,1985.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
4202 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
1985 regular session of the General Assembly of Georgia, legisla-
tion pertaining to the compensation of the Jackson County
Board of Commissioners and for other purposes.
Affidavit of Publication.
I, Herman Buffington, Publisher of The Jackson Herald, do
hereby certify that the copy of the legal advertisement No-
tice of intention to introduce local legislation appeared in The
Jackson Herald, Jefferson, Georgia on January 9, 16, 23,
1985.
/s/ Herman Buffington,
Publisher
Subscribed to and sworn before me,
this 1 day of February, 1985.
/s/ Claire W. Collier
Notary Public.
My Commission Expires Sept. 23, 1985.
(Seal).
Approved March 27, 1985.
PEACHTREE CITY MAYOR; VOTING; VETO POWERS.
No. 242 (House Bill No. 798).
AN ACT
To amend an Act creating and incorporating Peachtree City,
approved March 9, 1959 (Ga. L. 1959, p. 2409), as amended,
so as to change the provisions on the power of the mayor to
GEORGIA LAWS 1985 SESSION
4203
vote on questions before the city council; to change the provi-
sions relating to vetoes by the mayor; to repeal conflicting laws;
and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act creating and incorporating Peachtree
City, approved March 9,1959 (Ga. L. 1959, p. 2409), as amended,
is amended by striking Section 7 of said Act and inserting in
lieu thereof a new Section 7 to read as follows:
"Section 7. The mayor shall be entitled to vote on all
questions before the city council. Every ordinance and reso-
lution passed and every election of an officer or employee
by the council shall be subject to the veto of the mayor,
except in those circumstances where the vote of the mayor
was necessary for passage. In order to veto, the mayor shall
within four days write out his objections to such resolution,
ordinance, or election; and the council shall, at the next
regular or called meeting at which a quorum shall be pres-
ent, order said objections entered in the minutes and take
a vote on the question as to whether said ordinance, resolu-
tion, or other action shall be adopted over said veto. If three
councilmen vote in the affirmative, said resolution, ordi-
nance, or other action shall stand affirmed and shall become
effective without the approval of the mayor; otherwise, it
shall not. The 'ayes and 'nays shall in all cases be entered
on the minutes.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Notice of Intent to Introduce Legislation.
Notice is hereby given that a bill will be introduced in the
January, 1985 session of the Georgia General Assembly that
will amend the Charter for the City of Peachtree City to author-
ize the Mayor a vote in all questions appearing before the City
Council and to amend the Mayors veto.
Resolution authorizing the local legislation to amend the
4204 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
City Charter was passed by the City Council of Peachtree City
on January 3, 1985.
Paul W. Heard, Jr.
State Representative
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 30, 1985.
/s/ Paul W. Heard, Jr.
Representative,
43rd District
Sworn to and subscribed before me,
this 12th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 27, 1985.
GEORGIA LAWS 1985 SESSION
4205
HABERSHAM COUNTY BOARD OF EDUCATION;
BORROWING FUNDS; LOCAL CONSTITUTIONAL
AMENDMENT CONTINUED.
No. 243 (House Bill No. 801).
AN ACT
To continue in force and effect as a part of the Constitution
of the State of Georgia that constitutional amendment authoriz-
ing the County Board of Education of Habersham County to
borrow funds and pledge certain building funds to the payment
thereof (Res. Act No. 102; H R. 80-132; Ga. L. 1966, p. 927); to
provide the authority for this Act; to repeal conflicting laws;
and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. That constitutional amendment authorizing the
County Board of Education of Habersham County to borrow
funds and pledge certain building funds to the payment thereof
(Res. Act No. 102; H.R. 80-132; Ga. L. 1966, p. 927) shall not
be repealed or deleted on July 1, 1987, as a part of the Constitu-
tion of the State of Georgia but is specifically continued in force
and effect on and after that date as a part of the Constitution
of the State of Georgia.
Section 2. This Act is passed pursuant to Article XI, Sec-
tion I, Paragraph IV of the Constitution of the State of Georgia
which authorizes the continuation of certain amendments to
the 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 regular
1985 session of the General Assembly of Georgia a bill to con-
tinue in force and effect as a part of the Constitution of the
State of Georgia that constitutional amendment authorizing the
4206 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
County Board of Education of Habersham County to borrow
funds and pledge certain building funds to the payment thereof
(Res. Act No. 102; H. R. 80-132; Ga. L. 1966, p. 927); 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, 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: February 7, 1985.
/s/ William J. Dover
Representative,
11th District
Sworn to and subscribed before me,
this 12th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 27, 1985.
GEORGIA LAWS 1985 SESSION
4207
HABERSHAM COUNTY INDUSTRIAL DEVELOPMENT
AUTHORITY LOCAL CONSTITUTIONAL AMENDMENT
CONTINUED.
No. 244 (House Bill No. 802).
AN ACT
To continue in force and effect as a part of the Constitution
of the State of Georgia that constitutional amendment creating
the Habersham County Industrial Development Authority (Res.
Act No. 124; H.R. 452-1060; Ga. L. 1964, p. 876); to provide
the authority for this Act; to repeal conflicting laws; and for
other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. That constitutional amendment creating the
Habersham County Industrial Development Authority (Res. Act
No. 124; H.R. 452-1060; Ga. L. 1964, p. 876) shall not be repealed
or deleted on July 1, 1987, as a part of the Constitution of the
State of Georgia but is specifically continued in force and effect
on and after that date as a part of the Constitution of the State
of Georgia.
Section 2. This Act is passed pursuant to Article XI, Sec-
tion I, Paragraph IV of the Constitution of the State of Georgia
which authorizes the continuation of certain amendments to
the 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 regular
1985 session of the General Assembly of Georgia a bill to con-
tinue in force and effect as a part of the Constitution of the
State of Georgia that constitutional amendment creating the
Habersham County Industrial Development Authority (Res. Act
No. 124; H. R. 452-1060; Ga. L. 1964, p. 876); and for other
purposes.
4208 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 Tri-County
Advertiser which is the official organ of Habersham County,
on the following date: February 7, 1985.
/s/ William J. Dover
Representative,
11th District
Sworn to and subscribed before me,
this 12th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 27, 1985.
CITY OF CLARKESVILLE HOMESTEAD EXEMPTION
FOR PERSONS 65 OR OLDER; LOCAL CONSTITUTIONAL
AMENDMENT CONTINUED.
No. 245 (House Bill No. 803).
AN ACT
To continue in force and effect as a part of the Constitution
of the State of Georgia that constitutional amendment providing
that residents of the City of Clarkesville who are 65 years of
age or older shall be granted an exemption of not more than
$10,000.00 as fixed by the mayor and council from time to time
GEORGIA LAWS 1985 SESSION
4209
on their homestead from all ad valorem taxation (Res. Act No.
114; H.R. 545-1545; Ga. L. 1978, p. 2354); to provide the author-
ity for this Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. That constitutional amendment providing that
residents of the City of Clarkesville who are 65 years of
age or older shall be granted an exemption of not more than
$10,000.00 as fixed by the mayor and council from time to time
on their homestead from all ad valorem taxation (Res. Act No.
114; H.R. 545-1545; Ga. L. 1978, p. 2354) shall not be repealed
or deleted on July 1, 1987, as a part of the Constitution of the
State of Georgia but is specifically continued in force and effect
on and after that date as a part of the Constitution of the State
of Georgia.
Section 2. This Act is passed pursuant to Article XI, Sec-
tion I, Paragraph IV of the Constitution of the State of Georgia
which authorizes the continuation of certain amendments to
the 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 regular
1985 session of the General Assembly of Georgia a bill to con-
tinue in force and effect as a part of the Constitution of the
State of Georgia that constitutional amendment providing that
residents of the City of Clarkesville who are 65 years of age
or older shall be granted an exemption of not more than $10,-
000.00 as fixed by the mayor and council from time to time
on their homestead from all ad valorem taxation (Res. Act No.
114; H. R. 545-1545; Ga. L. 1978, p. 2354); 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, deposes and says that he is Representative from the
4210 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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: February 7, 1985.
/s/ William J. Dover
Representative,
11th District
Sworn to and subscribed before me,
this 12th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 27, 1985.
CITY OF CLARKESVILLE NONPROFIT HOUSING FOR
ELDERLY PERSONS; LOCAL CONSTITUTIONAL
AMENDMENT CONTINUED.
No. 246 (House Bill No. 804).
AN ACT
To continue in force and effect as a part of the Constitution
of the State of Georgia that constitutional amendment authoriz-
ing the governing authority of the City of Clarkesville to issue
revenue bonds for the purpose of providing nonprofit housing
for elderly persons (Res. Act No. 239; H.R. 664-1278; Ga. L.
1962, p. 1149); to provide the authority for this Act; to repeal
conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
GEORGIA LAWS 1985 SESSION
4211
Section 1. That constitutional amendment authorizing the
governing authority of the City of Clarkesville to issue revenue
bonds for the purpose of providing nonprofit housing for elderly
persons (Res. Act No. 239; H.R. 664-1278; Ga. L. 1962, p. 1149)
shall not be repealed or deleted on July 1, 1987, as a part of
the Constitution of the State of Georgia but is specifically contin-
ued in force and effect on and after that date as a part of the
Constitution of the State of Georgia.
Section 2. This Act is passed pursuant to Article XI, Sec-
tion I, Paragraph IV of the Constitution of the State of Georgia
which authorizes the continuation of certain amendments to
the 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 regular
1985 session of the General Assembly of Georgia a bill to con-
tinue in force and effect as a part of the Constitution of the
State of Georgia that constitutional amendment authorizing the
governing authority of the City of Clarkesville to issue revenue
bonds for the purpose of providing nonprofit housing for elderly
persons (Res. Act No. 239; H. R. 664-1278; Ga. L. 1962, p. 1149);
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, 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: February 7, 1985.
/s/ William J. Dover
Representative,
11th District
4212 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 12th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 27, 1985.
CLARKESVILLE INDUSTRIAL BUILDING AUTHORITY
LOCAL CONSTITUTIONAL AMENDMENT CONTINUED.
No. 247 (House Bill No. 805).
AN ACT
To continue in force and effect as a part of the Constitution
of the State of Georgia that constitutional amendment creating
the Clarkesville Industrial Building Authority (Res. Act No. 173;
H.R. 585-1126; Ga. L. 1962, p. 898); to provide the authority
for this Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. That constitutional amendment creating the
Clarkesville Industrial Building Authority (Res. Act No. 173;
H.R. 585-1126; Ga. L. 1962, p. 898) shall not be repealed or
deleted on July 1, 1987, as a part of the Constitution of the
State of Georgia but is specifically continued in force and effect
on and after that date as a part of the Constitution of the State
of Georgia.
Section 2. This Act is passed pursuant to Article XI, Sec-
tion I, Paragraph IV of the Constitution of the State of Georgia
which authorizes the continuation of certain amendments to
the Constitution.
GEORGIA LAWS 1985 SESSION
4213
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
1985 session of the General Assembly of Georgia a bill to con-
tinue in force and effect as a part of the Constitution of the
State of Georgia that constitutional amendment creating the
Clarkesville Industrial Building Authority (Res. Act No. 173;
H. R. 585-1126; (Ga. L. 1962; p. 898); 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, 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: February 7, 1985.
/s/ William J. Dover
Representative,
11th District
Sworn to and subscribed before me,
this 12th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 27, 1985.
4214 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
MUNICIPAL COURT OF COLUMBUS, GEORGIA JUDGE;
COMPENSATION.
No. 248 (House Bill No. 807).
AN ACT
To amend an Act establishing the Municipal Court of Colum-
bus, Georgia, approved August 12, 1915 (Ga. L. 1915, p. 63),
as amended, particularly by an Act approved March 21, 1984
(Ga. L. 1984, p. 4491), so as to increase the compensation of
the judge; to provide an effective date; to repeal conflicting laws;
and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act establishing the Municipal Court of Co-
lumbus, Georgia, approved August 12, 1915 (Ga. L. 1915, p. 63),
as amended, particularly by an Act approved March 21, 1984
(Ga. L. 1984, p. 4491), 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 $36,000.00 per annum and shall be paid in equal monthly
installments from the funds of Columbus, Georgia. The judge
shall also receive an additional 5 percent increase in said
salary for each four years served in office, to be figured at
the end of each such period of service. Any sums received
in the form of fees or salary by the judge of municipal court
for serving as judge of the Magistrate Court of Muscogee
County shall be included in and credited toward said judges
salary so that he will receive no additional compensation.
Section 2. This Act shall become effective July 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
January, 1985, session of the General Assembly of Georgia, a
GEORGIA LAWS 1985 SESSION
4215
bill to amend the Act establishing Municipal Court of Columbus,
Georgia (Ga. Laws 1983, p. 4443), as amended to increase the
jurisdiction of the court and provide for costs; to increase the
salaries of the Judge, Clerk and Marshal; to provide for the
transfer of cases; to repeal conflicting laws and to provide for
an effective date.
This 27th of December, 1984.
William S. Cain, Jr.
Judge, Municipal Court
of Columbus, Georgia
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Thomas B. Buck, III, who,
on oath, deposes and says that he is Representative from the
95th District, and that the attached copy of Notice of Intention
to Introduce Local Legislation was published in the Columbus
Ledger which is the official organ of Muscogee County, on the
following date: December 31, 1984.
/s/ Thomas B. Buck, III
Representative,
95th District
Sworn to and subscribed before me,
this 11th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 27, 1985.
4216 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
MUSCOGEE COUNTY CORONER PLACED ON ANNUAL
SALARY.
No. 249 (House Bill No. 808).
AN ACT
To provide an annual salary for the coroner of Muscogee
County in lieu of the fee system of compensation; to authorize
the payment of certain expenses incidental to the office of
coroner of Muscogee County; to provide an effective date; to
repeal a specific Act; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. The coroner of Muscogee County shall receive
an annual salary of $25,000.00 to be paid in equal monthly
installments from the funds of Muscogee County. Said salary
shall be in lieu of all fees or other emoluments or compensation.
Section 2. The governing authority of Muscogee County
may furnish but is not required to furnish supplies, automobile
or travel allowances, clerical assistance, or other equipment or
expenses incidental to the performance of the duties of the office
of coroner of Muscogee County.
Section 3. This Act shall become effective on July 1, 1985.
Section 4. An Act providing an annual salary for the
coroner of certain counties of this state in lieu of all fees or
other emoluments, approved March 29, 1971 (Ga. L. 1971, p.
239), as amended by an Act approved February 27, 1976 (Ga.
L. 1976, p. 2732) and an Act approved April 11, 1979 (Ga. L.
1979, p. 3742), is 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 given that there will be introduced at the regular
1985 session of the General Assembly of Georgia a bill to provide
GEORGIA LAWS 1985 SESSION
4217
an annual salary for the coroner of Muscogee County in lieu
of the fee system of compensation; to authorize the payment
of certain expenses incidental to the office of coroner of Muscogee
County; to provide an effective date; to repeal a specific Act;
and for other purposes.
This 1st day of January, 1985.
Thomas B. Buck, III
Representative,
95th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Thomas B. Buck, III, who,
on oath, deposes and says that he is Representative from the
95th District, and that the attached copy of Notice of Intention
to Introduce Local Legislation was published in the Columbus
Ledger which is the official organ of Muscogee County, on the
following date: January 23, 1985.
/s/ Thomas B. Buck, III
Representative,
95th District
Sworn to and subscribed before me,
this 28th day of January, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 27, 1985.
4218 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CITY OF WARNER ROBINS MUNICIPAL COURT;
PENALTIES.
No. 250 (House Bill No. 809).
AN ACT
To amend an Act providing a new charter for the City of
Warner Robins in Houston County, approved March 7, 1978
(Ga. L. 1978, p. 3081), as amended, so as to change the provisions
relating to penalties which can be imposed by the municipal
court against persons who violate laws or ordinances; 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 Warner Robins in Houston County, approved March 7, 1978
(Ga. L. 1978, p. 3081), as amended, is amended by striking in
its entirety subsection (g) of Section 6-103 and inserting in lieu
thereof a new subsection (g) to read as follows:
"(g) Unless a lesser penalty is provided by ordinance,
the judge of the municipal court shall have the power and
authority to impose upon the violator of any law or or-
dinance, for each violation thereof, the following punish-
ments:
(1) a fine not to exceed $1,000.00;
(2) imprisonment in the city prison for a period of
not more than 12 months; or
(3) any one or all of these punishments when the
facts of the case justify such punishments.
Provided, however, that each contempt of municipal
court shall be punishable either by imposition of a fine not
exceeding $100.00 or by imprisonment in the city prison
for a period of time not exceeding 30 days or both.
GEORGIA LAWS 1985 SESSION
4219
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Notice of Intent to Introduce Local Legislation.
Notice is hereby given that there will be introduced in the
1985 Session of the General Assembly of Georgia, a Bill provid-
ing for a change in the City Charter for the City of Warner
Robins authorizing the Citys municipal court judge to impose
a prison sentence not to exceed twelve (12) months.
Such legislation shall constitute an amendment to the
Charter of the City of Warner Robins, Georgia.
This 31st day of January, 1985.
Ed Barker
State Senator
Ted Waddle
State Representative,
District 113
Roy H. Watson, Jr.
State Representative,
District 114
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Ted W. Waddle, who, on
oath, deposes and says that he is Representative from the 113th
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: February 7, 1985.
/s/ Ted W. Waddle
Representative,
113th District
4220 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 12th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 27, 1985.
TOWN OF IVEY ELECTIONS; CORPORATE LIMITS;
RECORDERS COURT.
No. 251 (House Bill No. 813).
AN ACT
To amend an Act creating and establishing a charter for
the Town of Ivey, approved February 13, 1950 (Ga. L. 1950, p.
2337), as amended, so as to change election procedures to con-
form to general law; to provide for the extension of the corporate
limits; to provide for a city recorder; to provide for matters
relative to the foregoing; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act creating and establishing a charter for
the Town of Ivey, approved February 13, 1950 (Ga. L. 1950, p.
2337), as amended, is amended by striking in its entirety Section
5 and inserting in its place a new Section 5 to read as follows:
"Section 5. The mayor shall be elected by popular vote
as hereinafter prescribed and shall hold office for two years
and until a successor shall be elected and qualified. The
mayor shall receive such reasonable salary, not more than
GEORGIA LAWS 1985 SESSION
4221
$100.00 per annum, as may be fixed by the members of coun-
cil, and such salary shall neither be increased nor diminished
during a term of office. The mayor shall have authority, to
wit:
(1) To preside over any and all meetings of all the
members of council, but not to vote therein except in
elections and impeachments.
(2) To call special meetings of the members of coun-
cil, whenever the mayor may deem the same necessary,
provided that the mayor shall be required to call a meet-
ing of said members of council whenever three aldermen
shall so request in writing.
(3) To have general oversight over all executive offi-
cers, employees, or servants of the town and, in case of
misconduct or neglect of duty on the part of any such
officer, employee, or servant, the mayor shall have power
to suspend such officer, pending investigation by the
members of council.
(4) To exercise all powers conferred upon the mayor
by this charter or which may hereafter be conferred upon
such mayor by ordinance of the said members of council
not in conflict with this charter.
Section 2. 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. (a) All elections, both regular and special,
shall be conducted in accordance with Chapter 3 of Title
21 of the O.C.G.A., the 'Georgia Municipal Election Code.
(b) The members of council shall designate an election
superintendent and shall fix the compensation of the super-
intendent so designated.
(c) The mayor shall require the marshal to preserve
order in and about the polling place and shall provide a
sufficient number of policemen for such purpose.
Section 3. Said Act is further amended by striking in its
4222 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
entirety Section 17 and inserting in its place a new Section
17 to read as follows:
"Section 17. Annexation of territory into the Town of
Ivey shall be accomplished as provided by law.
Section 4. Said Act is further amended by striking in its
entirety Section 19 and inserting in its place a new Section
19 to read as follows:
"Section 19. (a) There shall be a town recorders court,
formerly known as the police court, which may sit at any
time at the pleasure of the recorder and which shall hold
regular sessions at such times as may be fixed by ordinance
of the members of council. The recorder shall be appointed
by the mayor and members of council and shall serve at
the pleasure of such officers. The recorder shall be compen-
sated in such manner as shall be prescribed from time to
time by the mayor and members of council. The recorder
may prescribe rules for the orderly conduct of the courts
business not in conflict with the laws of the state or the
ordinances of the town. In the event of the absence or disabil-
ity of the recorder, the mayor and council may appoint a
recorder pro tempore who shall possess all the power and
authority of the recorder.
(b) The recorders court shall have authority and juris-
diction to try and punish all offenders against the laws or
ordinances of the Town of Ivey committed within the corpo-
rate limits thereof and to punish for the violation of such
laws and ordinances by inflicting such punishment as may
be prescribed by ordinance under the authority hereinafter
provided. The recorder shall have the powers of a magistrate
regarding warrants, bail, and preliminary hearings of any
offense against the penal laws of the state when such offense
is alleged to have been committed within the town, provided
such charges shall have been entered upon the docket of
said court. In all such cases, the officers of the court shall
be entitled to receive and collect the same costs as are al-
lowed to magistrates and constables for like services. Such
costs shall become the property of the town treasury.
(c) The recorder shall have the power to impose fines
and inflict punishment for the violation of ordinances of
GEORGIA LAWS 1985 SESSION
4223
the Town of Ivey within the limits prescribed by law. The
recorder shall also have the same power as judges of the
superior court of this state to punish for contempt by fine,
not to exceed $25.00, and imprisonment in the town prison
or Wilkinson County jail, not to exceed 20 days. Either or
both of said punishments may be imposed in the alternative.
The recorder shall also have authority to commit and bind
over persons on trial before such recorder for violations of
town laws and ordinances whenever it shall develop upon
the trial that a state law has been violated.
(d) The recorder shall have authority to administer
oaths whenever necessary in the conduct of any investigation
before such recorder and may administer any oath required
by this charter or by the ordinances of the town.
(e) The recorders court shall be a court of record, and
there shall be kept a docket on which shall be entered the
names of all accused persons, the charge, the name of the
informer or prosecutor, and the sentence of the court or
judgment. In each case where a violation of a town ordinance
is charged, it shall be the duty of the officer making the
arrest to prefer charges in writing, setting forth the offense
charged, in substantially the following form: 'I, (marshal
or policeman, as the case may be), of the Town of Ivey, in
the name and on behalf of the citizens of said town, charge
and accuse (naming the accused) with the offense (naming
the offense), for, that the said party in the town on the(date),
did commit (naming the crime), contrary to the laws of the
said town, the good order, peace and dignity thereof, which
accusation shall be signed by the officer preferring same,
and with the docket entry, shall be sufficient authority for
holding the accused person until final trial. A copy of said
accusation shall be furnished to the accused at least six hours
before trial, unless copy is waived by such accused. An accu-
sation stating the nature of the charge substantially in the
language of the ordinance claimed to have been violated
shall be held to be sufficient, but in case any accusation
shall be held to be defective, a new accusation shall be drawn
instanter and the defendant shall be required to plead
thereto. All accused persons shall have the right to cross-
examine witnesses, to introduce evidence in their own be-
half, and to be represented by counsel; provided, however,
4224 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
it shall not be necessary to appoint counsel to defend persons
who cannot employ same. The rules of evidence under gen-
eral law shall apply in the recorders court.
(f) The court shall have the power to compel the atten-
dance of witnesses in all proceedings and of persons charged
with offenses by subpoena or summons issued by the recorder
or by the town clerk, in which case the subpoena or summons
shall bear teste in the name of the recorder; or the court
may require of other witnesses or defendants bonds for their
appearance. Any process of said court shall be served by
the marshal or any police officer of said town, and disobedi-
ence thereto shall be contempt. The court is empowered to
issue any other process necessary to carry into effect its
lawful judgments and orders.
(g) The ministerial officers of said court shall be the
marshal and policemen of said town, to whom, in the alterna-
tive, any process shall be directed.
(h) The right of certiorari from the judgements of said
court shall exist in all cases and shall be exercised under
the provisions of general law.
(i) The said court shall have power and authority to
forfeit any bond for the appearance of any defendant or
witness, provided that ten days shall elapse between the
service of the scire facias and the final judgment upon any
such forfeiture (except in case of cash bonds), and such scire
facias shall always be made returnable to a regular session
of said court. In case of cash bonds, they may be forfeited
by said court without notice but, in such cases, if the princi-
pal appears within two weeks for trial, the recorder shall
order such bond refunded if the principal shall satisfactorily
show that such absence was caused by sickness or other
unavoidable reason. No ordinance shall be necessary to carry
into effect the foregoing provisions; the recorder shall frame
any process in proceedings of this character, following as
nearly as may be practicable, the forms and practices of
the state courts.
(j) No person shall be tried for any offense against the
ordinances of said town unless the prosecution shall be com-
menced within 12 months from the date of the alleged of-
GEORGIA LAWS 1985 SESSION
4225
fense, provided that, if the offender or the offense is unknown
or if the offender shall be concealed or shall abscond from
the town, such time shall not be computed as a part of any
such limitations.
(k) All fines and forfeitures in the recorders court shall
be paid into the treasury immediately upon being collected
and may be expended and appropriated as other funds of
the town. No officer shall have any claim upon said fund
for insolvent costs.
(l) In the event of the forfeiture of any bond, it shall
not be necessary to serve the principal therein unless such
principal can be found in the Town of Ivey. Service upon
any surety out of said town may be made and perfected
by any sheriff or deputy sheriff of said state who is required
to serve such process and, if the residence of such surety
be unknown, the court may order service reasonably calcu-
lated to give actual notice, including, as an alternative, by
publication in the newspaper in which the marshals adver-
tisements are published, once a week for two weeks. The
court shall have the power to enforce the collection of any
money judgment or fine by execution directed to the marshal
or policeman of said town and the sheriffs and deputy sher-
iffs of said state, and, otherwise, the execution shall be in
the form substantially the same as magistrate court execu-
tions.
(m) The town clerk shall be clerk of the recorders court
and shall issue and sign any and all process not specifically
required to be signed by the recorder, all of which shall
bear teste in the name of the recorder.
(n) Persons sentenced to labor by the recorders court
shall be compelled to work at labor on the streets, sidewalks,
or other public works of said town, under the direction and
control of the officer in charge of such work. The members
of council may make and establish all necessary and reasona-
ble rules and regulations governing the town inmates and
may, if desired, lease any such inmates to the County of
Wilkinson. The town authorities shall at all times retain
and exercise such control over leased inmates as may be
necessary to ensure proper treatment and humane treat-
ment.
4226 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(o) The recorders court may enforce the collection of
any fine by execution, by imprisonment, or by alternative
sentence, in the discretion of the recorder.
(p) The marshal and other police officers of said town
shall have power and authority to arrest, without warrant,
persons accused of violating the town laws and ordinances,
where such offenses are committed within the presence of
the arresting officer, the accused person is endeavoring to
escape, or a warrant cannot be procured in a reasonable
time. In all other cases, application shall be made to the
recorder for a warrant, which shall be issued in accordance
with such valid ordinance as may be passed by the members
of council relating thereto. The marshal or other arresting
officer shall require of such accused person a good and suffi-
cient bond, conditioned for such persons appearance at the
next session of the recorders court to answer the charge.
In the recorders discretion, a person may be released upon
such persons own recognizance, in which event a verbal
summons shall be sufficient to require and compel the atten-
dance of said defendant. No person shall be released upon
such persons recognizance if the offense involved a breach
of the peace or if the person has previously violated a recogni-
zance or bond.
(q) Wherever in the laws, ordinances, rules, or regula-
tions of the Town of Ivey the term 'police court is used, it
shall mean the recorders court.
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
1985 session of the General Assembly of Georgia a bill to amend
an Act creating and establishing a charter for the Town of Ivey,
approved February 13, 1950 (Ga. L. 1950, p. 2337), as amended,
so as to change election procedures to conform to general law;
to provide for the extension of the corporate limits; to provide
for a city recorder; to provide for matters relative to the forego-
ing; and for other purposes.
This 28th day of January, 1985.
GEORGIA LAWS 1985 SESSION
4227
Honorable 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 31, 1985.
/s/ Kenneth W. Birdsong
Representative,
104th District
Sworn to and subscribed before me,
this 14th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 27, 1985.
STATE COURT OF COLQUITT COUNTY JUDGE AND
SOLICITOR; SALARY.
No. 252 (House Bill No. 817).
AN ACT
To amend an Act creating the State Court of Colquitt County
(formerly known as the City Court of Colquitt County), approved
4228 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
August 7, 1931 (Ga. L. 1931, p. 293), as amended, particularly
by an Act approved April 4, 1979 (Ga. L. 1979, p. 3191), so as
to change the provisions relating to the salary of the judge and
the solicitor of said court; to repeal conflicting laws; and for
other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act creating the State Court of Colquitt
County (formerly known as the City Court of Colquitt County),
approved August 7, 1931 (Ga. L. 1931, p. 293), as amended, par-
ticularly by an Act approved April 4,1979 (Ga. L. 1979, p. 3191),
is amended by striking from Section 10 the following:
"The Judge of said State Court shall receive a salary
of not less than six thousand dollars ($6,000.00) and not more
than ten thousand dollars ($10,000.00) per annum, to be set
by the County Commissioners.,
and inserting in lieu thereof the following:
"The judge of said state court shall receive a salary of
not less than $6,000.00 and not more than $15,000.00 per
annum, to be set by the county commissioners.
Section 2. Said Act is further amended by striking from
Section 14 the following:
"but all such fees shall be paid into the county Treasury
by said Solicitor as collected, and in lieu thereof he shall
receive a salary of not less than six thousand dollars ($6,-
000.00) and not more than ten thousand dollars ($10,000.00)
per annum, to be set by the County Commissioners.,
and inserting in lieu thereof the following:
"but all such fees shall be paid into the county treasury
by said solicitor as collected, and in lieu thereof he shall
receive a salary of not less than $6,000.00 and not more
than $15,000.00 per annum, to be set by the county commis-
sioners.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
GEORGIA LAWS 1985 SESSION
4229
Notice of Local Bill.
Notice is hereby given of intention to apply for the passage
at the 1985 regular session of the General Assembly of Georgia
of a Bill to amend an Act of the General Assembly of Georgia
relating to the establishment of the City Court of Colquitt
County, Georgia (now the State Court of Colquitt County) ap-
proved August 7,1931 (Ga. L. 1931, p. 293), 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: January 30, 1985.
/s/ Hugh D. Matthews
Representative,
145th District
Sworn to and subscribed before me,
this 14th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 27, 1985.
4230 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
LONG COUNTY BOARD OF COMMISSIONERS;
COMPENSATION.
No. 253 (House Bill No. 818).
AN ACT
To amend an Act establishing the board of commissioners
of Long County, approved August 10, 1921 (Ga. L. 1921, p. 525),
as amended, particularly by an Act approved March 14, 1963
(Ga. L. 1963, p. 2216), an Act approved March 31, 1967 (Ga. L.
1967, p. 2330), and an Act approved March 21, 1974 (Ga. L.
1974, p. 2368), so as to change the compensation of the commis-
sioners; to provide an effective date; to repeal conflicting laws;
and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act establishing the board of commissioners
of Long County, approved August 10, 1921 (Ga. L. 1921, p. 525),
as amended, particularly by an Act approved March 14, 1963
(Ga. L. 1963, p. 2216), an Act approved March 31, 1967 (Ga. L.
1967, p. 2330), and an Act approved March 21, 1974 (Ga. L.
1974, p. 2368), is amended by striking Section 1 of said 1963
amendatory Act and inserting in lieu thereof a new Section 1
to read as follows:
"Section 1. The compensation of the board of commis-
sioners of Long County is placed on a salary basis in lieu
of a per diem basis. Each commissioner shall hereafter be
paid a salary in the amount of $200.00 per month. The salary
so set shall be in lieu of any and all other compensation
and shall be in full payment of all services rendered by such
members of the board of commissioners.
Section 2. This Act shall become effective upon its ap-
proval 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.
GEORGIA LAWS 1985 SESSION
4231
Notice of Intention to Introduce Local Legislation.
This is to give notice to all concerned that I intend to intro-
duce at the 1985 session of the state legislature a bill to set
the salary for the commissioners of roads and revenues for Long
County, Georgia.
/s/ Clinton Oliver
State Representative
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: February 7, 1985.
/s/ Clinton Oliver
Representative,
121st District
Sworn to and subscribed before me,
this 13th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 27, 1985.
4232 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
EVANS COUNTY INDUSTRIAL DEVELOPMENT
AUTHORITY LOCAL CONSTITUTIONAL AMENDMENT
CONTINUED.
No. 254 (House Bill No. 819).
AN ACT
To continue in force and effect as a part of the Constitution
of the State of Georgia that constitutional amendment creating
the Evans County Industrial Development Authority (Res. Act
No. 127; H.R. 631-1401; Ga. L. 1968, p. 1556); to provide the
authority for this Act; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. That constitutional amendment creating the
Evans County Industrial Development Authority (Res. Act No.
127; H.R. 631-1401; Ga. L. 1968, p. 1556) shall not be repealed
or deleted on July 1, 1987, as a part of the Constitution of the
State of Georgia but is specifically continued in force and effect
on and after that date as a part of the Constitution of the State
of Georgia.
Section 2. This Act is passed pursuant to Article XI, Sec-
tion I, Paragraph IV of the Constitution of the State of Georgia
which authorizes the continuation of certain amendments to
the 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 regular
1985 session of the General Assembly of Georgia, a bill to con-
tinue in force and effect as a part of the Constitution of the
State of Georgia that Constitutional Amendment creating the
Evans County Industrial Development. Authority. Res. Act
Number 127; H. R. 631-1401; (Ga. L. 1968, p. 1556;) and for
other purposes.
GEORGIA LAWS 1985 SESSION
4233
This 5th day of February, 1985.
Clinton Oliver
State Representative
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 Claxton Enter-
prise which is the official organ of Evans County, on the follow-
ing date: February 7, 1985.
/s/ Clinton Oliver
Representative,
121st District
Sworn to and subscribed before me,
this 11th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 27, 1985.
4234 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CITY OF DOERUN RECORDERS COURT; PENALTIES.
No. 255 (House Bill No. 823).
AN ACT
To amend an Act providing a new charter for the City of
Doerun, approved April 28, 1975 (Ga. L. 1975, p. 4690), as
amended, so as to change the provisions relating to punishment
which may be imposed by the recorders court; to repeal conflict-
ing 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 Doerun, approved April 28, 1975 (Ga. L. 1975, p. 4690), as
amended, is amended by striking subsection (a) of Section 4.13
and inserting in lieu thereof a new subsection (a) to read as
follows:
"(a) The recorders court may fix punishment for of-
fenses within its jurisdiction not exceeding a fine of $1,000.00
or imprisonment for 90 days, or both, and as an alternative
to fine or imprisonment, may sentence any offender upon
conviction to labor in a city work gang or on the streets,
sidewalks, squares, or other public works for a period not
exceeding 90 days.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Notice of Intent to Introduce Local Legislation.
Notice is given that there will be introduced at the regular
1985 session of the General Assembly of Georgia a bill to amend
an act providing a new charter for the City of Doerun, approved
April 28, 1975, (Ga. L. 1975, p. 4690), as amended; and for other
purposes.
This 9th day of February, 1985.
Mayor B. C. Crowell
City of Doerun
GEORGIA LAWS 1985 SESSION
4235
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 Moultrie
Observer which is the official organ of Colquitt County, on the
following date: February 9, 1985.
/s/ A. Richard Royal
Representative,
144th District
Sworn to and subscribed before me,
this 14th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 27, 1985.
CITY OF ATLANTA AND FULTON COUNTY RECREATION
AUTHORITY PROJECTS; CONTRACTS WITH THE CITY
AND COUNTY.
No. 256 (House Bill No. 825).
AN ACT
To amend an Act creating the City of Atlanta and Fulton
County Recreation Authority, approved March 17, 1960 (Ga.
L. 1960, p. 2810), as amended, particularly by an Act approved
March 2, 1966 (Ga. L. 1966, p. 2848), so as to change the provi-
sions relating to the definition of the word "project; to change
4236 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
the provisions relating to the purposes of the Authority; to au-
thorize the City of Atlanta and Fulton County to contract with
the Authority; to provide for other matters relative to the forego-
ing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act creating the City of Atlanta and Fulton
County Recreation Authority, approved March 17, 1960 (Ga.
L. 1960, p. 2810), as amended, particularly by an Act approved
March 2, 1966 (Ga. L. 1966, p. 2848), is amended by striking
subsection (b) of Section 3 in its entirety and substituting in
lieu thereof a new subsection (b) to read as follows:
"(b) The word 'project shall be deemed to mean and
include the acquisition, construction, equipping, mainte-
nance, and operation of an athletic stadium for the exhi-
bition of amateur and professional athletic events and the
usual facilities related thereto, including, without limitation,
refreshment stands and restaurants, and facilities for the
purveying of foods, beverages, publications, souvenirs, novel-
ties, and goods of all kinds, whether operated or purveyed
directly or indirectly through concessions, licenses, leases,
or otherwise, parking facilities or parking areas in connec-
tion therewith, recreation centers and areas, including, but
not limited to, athletic fields, golf courses, public zoos or
zoological parks, parking facilities or parking areas in con-
nection therewith, club houses, gymnasiums and related
buildings and the usual and convenient facilities appertain-
ing to such undertakings, and extensions and improvements
of such facilities, acquiring the necessary property therefor,
both real and personal, and the leases, sale, and licensing
of any part or all of such facilities, including real and per-
sonal property, to any persons, firms, or corporations
whether public or 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.
Section 2. Said Act is further amended by striking Section
24 in its entirety and substituting in lieu thereof a new Section
24 to read as follows:
GEORGIA LAWS 1985 SESSION
4237
"Section 24. Purpose of the AuthorityWithout limit-
ing the generality of any provision of this Act, the general
purpose of the Authority is declared to be that of acquiring,
constructing, equipping, maintaining, and operating an ath-
letic stadium and athletic field and other related facilities
for athletic, sporting, cultural, religious, political, musical,
educational and other events, and other recreational pur-
poses, including without limitation, refreshment stands and
restaurants, and facilities for the purveying of foods, bever-
ages, publications, souvenirs, novelties and goods of all kinds,
whether operated or purveyed directly, or indirectly through
concessions, licenses, or leases or otherwise, and parking
facilities and parking areas in connection therewith; for ac-
quiring, constructing, equipping, maintaining, and operating
recreational centers and areas, including but not limited
to athletic fields, golf courses, public zoos or zoological parks,
parking facilities or parking areas in connection therewith,
club houses, gymnasiums and related buildings and the usual
and convenient facilities appertaining to such undertakings;
the extension and improvement 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, to any per-
sons, firms, or corporations whether public or private and
to do any and all things deemed by the Authority necessary,
convenient, and desirable for and incident to the efficient
and proper development and operation of such types of un-
dertakings.
Section 3. Said Act is further amended by adding to the
end of Section 28 the following:
"Without limiting the foregoing, the City and the County
are authorized to contract with the Authority and with each
other for any of the undertakings authorized herein.,
so that when so amended Section 28 shall read as follows:
"Section 28. Powers declared supplemental and addi-
tionalThe 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
4238 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
laws and shall not be regarded as in derogation of any powers
now existing. Without limiting the foregoing, the City and
the County are authorized to contract with the Authority
and with each other for any of the undertakings authorized
herein.
Section 4. All laws and parts of laws in conflict with this
Act are repealed.
Notice.
Notice is hereby given of intention to make application to
the General Assembly of Georgia at its 1985 session (commenc-
ing on January 14, 1985) for local legislation to amend the Act
entitled "An Act to create the City of Atlanta and Fulton County
Recreation Authority, approved March 17, 1960 (Ga. L. 1960,
p. 2810), as amended.
Any amendment pertinent and germane to the subject
matter of said Act may be introduced at this session and under
this notice.
This 21st day of December, 1984.
/s/ Robert R. Richardson
Attorney for the City of
Atlanta and Fulton County
Recreation Authority
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, J. E. McKinney, who, on
oath, deposes and says that he is Representative from the 35th
District, and that the attached copy of Notice of Intention to
Introduce Local Legislation was published in the Fulton County
Daily Report which is the official organ of Fulton County, on
the following date: January 17, 1985.
/s/ J. E. McKinney
Representative,
35th District
GEORGIA LAWS 1985 SESSION
4239
Sworn to and subscribed before me,
this 14th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 27, 1985.
CITY OF DONALSONVILLE MAYOR AND COUNCIL;
ELECTIONS.
No. 257 (House Bill No. 827).
AN ACT
To amend an Act reincorporating the City of Donalsonville,
approved April 10, 1971 (Ga. L. 1971, p. 3844), as amended, so
as to change the composition of the council; to change the provi-
sions relating to the election of mayor and councilmen; to pro-
vide for election districts; to provide for qualifications; to provide
for terms of office; to change the provisions relating to the date
of the regular election; to provide for polling places; to provide
for use of the county registration list; to provide for other mat-
ters 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 Donalson-
ville, approved April 10,1971 (Ga. L. 1971, p. 3844), as amended,
is amended by striking Section 2.01 in its entirety and inserting
in lieu thereof a new Section 2.01 to read as follows:
4240 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
"Section 2.01. Establishment of City Government. The
corporate governmental powers of the City of Donalsonville
shall be vested in a mayor and six councilmen to be known
as the 'Mayor and Council of the City of Donalsonville. The
mayor and council shall be elected in nonpartisan elections
and as provided in Sections 2.03 and 2.04 and shall exercise
their powers in such manner as prescribed by this charter,
the Constitution, and applicable general laws of the State
of Georgia or, if not so prescribed, in such manner as pre-
scribed by the duly established ordinances of the City of
Donalsonville.
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. Procedures for Election of Mayor and
Councilmen. (a) The mayor may reside anywhere within the
City of Donalsonville and shall be elected by a majority of
the qualified electors of the entire city. A candidate for mayor
shall have been a resident of the city for one year prior to
qualification for such office.
(b) For purposes of electing the other six members of
the city council, the City of Donalsonville is divided into
two city council districts as follows:
City Council District No. 1, Posts 1, 2, and 3:
Beginning at a point where Georgia Highway 91 in-
tersects with the Northern boundary of City of Donalson-
ville; proceed thence Southerly along the center of Geor-
gia Highway 91, (Tennille Avenue), until it intersects
with East Third Street; proceed thence Easterly along
the center of East Third Street until it intersects with
Stern Avenue; proceed thence Southerly along the center
of Stern Avenue until Stern Avenue intersects with East
Sixth Street; proceed thence Westerly along the center
of East Sixth Street until it intersects with Tallman Ave-
nue; proceed thence Southerly along the center of Tail-
man Avenue until it intersects with Porterville Drain;
proceed thence Southerly along the center of Porterville
Drain until it intersects with Georgia Highway 39 (Ten-
nille Avenue); proceed thence Southerly along the center
GEORGIA LAWS 1985 SESSION
4241
of Georgia Highway 39 (Tennille Avenue) until it inter-
sects with the Southern boundary of Donalsonville; pro-
ceed thence Westerly along the Southern boundary of
Donalsonville until it corners North; proceed thence
Northerly along the Western boundary of the City of
Donalsonville until it corners East; proceed thence along
the Northern boundary of the City of Donalsonville until
it intersects with Georgia Highway 91; at a point of begin-
ning of District No. 1.
City Council District No. 2, Posts 4, 5, and 6:
Beginning at a point where Georgia Highway 91 (Ten-
nille Avenue) intersects with the Northern boundary of
the City of Donalsonville; proceed thence Southerly along
the center of Georgia Highway 91 (Tennille Avenue) until
it intersects with East Third Street; proceed thence East-
erly along the center of East Third Street until it inter-
sects with Stern Avenue; proceed thence Southerly along
the center of Stern Avenue until Stern Avenue intersects
with East Sixth Street; proceed thence Westerly along
the center of East Sixth Street until it intersects with
Tallman Avenue; proceed Southerly along the center of
Tallman Avenue until it intersects with Porterville
Drain; proceed thence Southerly along the center of Por-
terville Drain until it intersects with Georgia Highway
39 (Tennille Avenue); proceed thence Southerly along
the center of Georgia Highway 39 (Tennille Avenue) until
it intersects with the Southern boundary of the City of
Donalsonville; proceed thence Easterly along the South-
ern boundary of the City of Donalsonville until it corners
North; proceed thence Northerly along the Eastern
boundary of the City of Donalsonville until it corners
West; proceed thence 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 District No. 2.
(c) For the purpose of electing new members to the city
council:
(1) Three councilmen shall be elected from City
Council District No. 1 as described in subsection (b) of
this section. Said election district shall have three posts,
4242 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
designated Post 1, Post 2, and Post 3. A person offering
as a candidate for election to the council from City Coun-
cil District No. 1 shall designate the post for which he
is seeking election and shall be a legal resident of such
city council district. Candidates for the office of council-
man from a city council district shall certify at the time
of their qualification as candidates that they are and
have been residents of the city council district from which
they seek election for a period of one year prior to qualifi-
cation. To be elected as a member of the council from
City Council 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 ma-
jority of the total votes cast for such post. The qualified
voters of City Council District No. 1 shall be authorized
to vote for one candidate for each post within such city
council district.
(2) Three councilmen shall be elected from City
Council District No. 2 as described in subsection (b) of
this section. Said city council district shall have three
posts, designated Post 4, Post 5, and Post 6. A person
offering as a candidate to the council from City Council
District No. 2 shall designate the post for which he is
seeking election and shall be a legal resident of such
city council district. Candidates for the office of council-
man from a city council district shall certify at the time
of their qualification as candidates that they are and
have been residents of the council district from which
they seek election for a period of one year prior to qualifi-
cation. To be elected as a member of the council from
City Council 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 ma-
jority of the total votes cast for such post. The qualified
voters of City Council District No. 2 shall be authorized
to vote for one candidate for each post within such city
council district.
(d) If no candidate for a particular office receives a ma-
jority 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.
GEORGIA LAWS 1985 SESSION
4243
(e) All elections shall be held and conducted in accor-
dance with Chapter 3 of Title 21 of the O.C.G.A., the 'Georgia
Municipal Election Code, as now or hereafter amended.
Section 3. Said Act is further amended by striking Section
2.04 in its entirety and inserting in lieu thereof a new Section
2.04 to read as follows:
"Section 2.04. Initial and Subsequent Elections, (a) The
present members of the council and the mayor shall continue
to serve out the terms of office to which they were elected.
(b) (1) Except as otherwise provided in subsection (b)
of this section, at the municipal election on the first Tues-
day after the first Monday in November, 1985, members
of the council elected from Post 1 and Post 2 of City
Council District No. 1 and from Post 4 and Post 5 of
City Council District No. 2 shall be elected for terms of
office beginning at the first regular council meeting in
January, 1986. The members elected to Post 1 and Post
4 shall be elected for terms of office of two years; and
the members elected to Post 2 and Post 5 shall be elected
for terms of office of three years.
(2) For the period beginning at the first regular
council meeting in January, 1986, and ending at the first
regular council meeting in January, 1987, the governing
authority of the City of Donalsonville shall be composed
of the four members of the council elected at the 1985
municipal election pursuant to paragraph (1) of this sub-
section and the mayor and two incumbent members of
the council who were elected at the November election
in 1984 and whose terms of office expire at the first regu-
lar council meeting in January, 1987.
(3) At the municipal election on the first Tuesday
in November, 1986, members of the council elected from
Post 3 of City Council District No. 1 and from Post 6
of City Council District No. 2 and the mayor shall be
elected for terms of office beginning at the first regular
council meeting in January, 1987. The members elected
to Post 3 and Post 6 and the mayor shall be elected for
terms of office of three years.
4244 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(c) Except as otherwise provided in subsection (b) of this
section, successors to the members of the council and the
mayor elected pursuant to subsection (b) of this section shall
be elected at the regular municipal election on the first Tues-
day after the first Monday in November immediately preced-
ing the expiration of their respective terms of office and
shall take office at the first regular council meeting in Janu-
ary following their election for terms of three years and
until their successors are elected and qualified.
Section 4. Said Act is further amended by striking Section
5.01 in its entirety and inserting in lieu thereof a new Section
5.01 to read as follows:
"Section 5.01. Regular Elections. Time for Holding and
Taking Office. The regular election for mayor and city coun-
cil, or councilmen, as the case may be, shall be held on the
first Tuesday after the first Monday in November of each
year. Officials elected at any regular election shall take office
at the first regular council meeting in January next following
such election.
Section 5. Said Act is further amended by striking Section
5.07 in its entirety and inserting a new Section 5.07 to read
as follows:
"Section 5.07. Place of Elections, (a) The following poll-
ing places shall be used in city elections:
City Council District No. 1 Donalsonville Lions Hall
City Council District No. 2 Rambeau Gym
The polling places shall be published in the election notice
as required by law; provided, however, that any change in
a polling place shall be effected as provided by Code Section
21-3-163 of the O.C.G.A.
(b) The governing authority shall use the county regis-
tration list in accordance with Code Sections 21-3-123 and
21-3-124 of the O.C.G.A.
GEORGIA LAWS 1985 SESSION
4245
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 1985 session of the General Assembly of Georgia, a local
act to amend the Charter of the City of Donalsonville, so as
to change the method of electing Councilmen for the City of
Donalsonville and for other purposes.
This 23rd day of January, 1985.
/s/ H. M. Shingler
H. M. Shingler, Mayor
City of Donalsonville
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: January 24, 1985.
/s/ Walter E. Cox
Representative,
141st District
Sworn to and subscribed before me,
this 14th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 27, 1985.
4246 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
GREENE COUNTY DEVELOPMENT AUTHORITY LOCAL
CONSTITUTIONAL AMENDMENT CONTINUED.
No. 258 (House Bill No. 833).
AN ACT
To continue in force and effect as a part of the Constitution
of the State of Georgia that constitutional amendment creating
the Greene County Development Authority, which was proposed
by Res. Act No. 193, H.R. 655-1231; Ga. L. 1962, p. 985; to provide
the authority for this Act; to repeal conflicting laws; and for
other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. That constitutional amendment creating the
Greene County Development Authority, which was proposed
by Res. Act No. 193, H.R. 655-1231; Ga. L. 1962, p. 985, shall
not be repealed or deleted on July 1, 1987, as a part of the
Constitution of the State of Georgia but is specifically continued
in force and effect on and after that date as a part of the Constitu-
tion of the State of Georgia.
Section 2. This Act is passed pursuant to Article XI, Sec-
tion I, Paragraph IV of the Constitution of the State of Georgia
which authorizes the continuation of certain amendments to
the 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 regular
1985 session of the General Assembly of Georgia a bill to con-
tinue in force and effect as a part of the Constitution of the
State of Georgia that constitutional amendment creating the
Greene County Development Authority, which was proposed
by Res. Act No. 193, H.R. 655-1231; Ga. L. 1962, p. 985; to provide
authority for this Act; and for other purposes.
GEORGIA LAWS 1985 SESSION
4247
This 1st day of February, 1985.
Jesse Copelan, Jr.
State Representation
District 106
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 Jour-
nal which is the official organ of Greene County, on the following
date: February 8, 1985.
/s/ Jesse Copelan, Jr.
Representative,
106th District
Sworn to and subscribed before me,
this 14th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 27, 1985.
4248 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
GREENE COUNTY BOARD OF EDUCATION; LOCAL
CONSTITUTIONAL AMENDMENT CONTINUED.
No. 259 (House Bill No. 834).
AN ACT
To continue in force and effect as a part of the Constitution
of the State of Georgia that constitutional amendment providing
for the election of members of the Board of Education of Greene
County (Res. Act. No. 157; H.R. 475-1186; Ga. L. 1964, p. 969);
to provide the authority for this Act; to repeal conflicting laws;
and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. That constitutional amendment providing for
the election of members of the Board of Education of Greene
County (Res. Act. No. 157; H.R. 475-1186; Ga. L. 1964, p. 969)
shall not be repealed or deleted on July 1, 1987, as a part of
the Constitution of the State of Georgia but is specifically contin-
ued in force and effect on and after that date as a part of the
Constitution of the State of Georgia.
Section 2. This Act is passed pursuant to Article XI, Sec-
tion I, Paragraph IV of the Constitution of the State of Georgia
which authorizes the continuation of certain amendments to
the 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 regular
1985 session of the General Assembly of Georgia a bill to con-
tinue in force and effect as a part of the Constitution of the
State of Georgia that constitutional amendment providing for
the election of members of the Board of Education of Greene
County (Res. Act No. 157; H.R. 475-1186; Ga. L. 1964, p. 969);
to provide authority for this Act; and for other purposes.
GEORGIA LAWS 1985 SESSION
4249
This 1st day of February, 1985.
Jesse Copelan, Jr.
State Representative
District 106
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 Jour-
nal which is the official organ of Greene County, on the following
date: February 8, 1985.
/s/ Jesse Copelan, Jr.
Representative,
106th District
Sworn to and subscribed before me,
this 14th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 27, 1985.
4250 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
LEE COUNTY BOARD OF COMMISSIONERS
RE-CREATED; ELECTIONS; TERMS; QUALIFICATIONS;
VACANCIES; POWERS.
No. 260 (House Bill No. 836).
AN ACT
To amend an Act creating the board of commissioners of
Lee County, approved August 6, 1921 (Ga. L. 1921, p. 517), as
amended, particularly by an Act approved March 6,1945 (Ga. L.
1945, p. 923), so as to re-create the board of commissioners of
Lee County; to provide for commissioner districts; to provide
for the election of members of the board of commissioners and
the practices, procedures, and requirements for such elections;
to provide for initial and regular terms of office; to provide for
residency requirements; to provide for duties and powers of the
board of commissioners; to provide for vacancies; to provide for
a chairman and the election, term of office, powers, duties, and
office 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 the board of commissioners
of Lee County, approved August 6, 1921 (Ga. L. 1921, p. 517),
as amended, particularly by an Act approved March 6, 1945
(Ga. L. 1945, p. 923), is amended by striking Section 2 and insert-
ing in lieu thereof a new Section 2 to read as follows:
"Section 2. (a) The board of commissioners of Lee
County shall consist of five members.
(b) For the purpose of electing members of the board
of commissioners, Lee County is divided into five commis-
sioner districts comprised of the following territory:
GEORGIA LAWS 1985 SESSION
Commissioner District 1
Lee
Tract 201
Blocks 201 through 236, 238,
and 241
Tract 202
Blocks 101 through 150 and
154 through 164
Tract 203
Blocks 401, 406, 407, 418,
and 419
Commissioner District 2
Lee
Tract 202
Blocks 151 through 153 and 165
Tract 203
Blocks 402 through 405, 408
through 417, and 420 through 448
Those parts of Blocks 449
and 503 inside the City of
Leesburg
Blocks 504 through 508
That part of Block 509 inside
the City of Leesburg
Blocks 511 through 514 and
517 through 522
Commissioner District 3
Lee
Tract 203
Blocks 120 through 132 and 135
Block Groups 2 and 3
Blocks 515 and 516
Commissioner District 4
Lee
Tract 203
Blocks 101 through 119, 133,
and 134
4251
4252 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
That part of Block 449 outside
the City of Leesburg
Block 450
Blocks 501 and 502
Those parts of Blocks 503 and
509 outside the City of
Leesburg
Block 510
Commissioner District 5
Lee
Tract 201
Block Group 1
Blocks 237, 239, 240, and
242 through 247
(c) For the purposes of this section:
(1) The terms 'Tract or 'Census Tract, 'Block
Group, and 'Block shall mean and shall describe the
same geographical boundaries as provided in the report
of the Bureau of the Census for the United States decen-
nial 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 geo-
graphical boundaries of that city as shown on the census
maps for the United States decennial census of 1980 for
the State of Georgia; and
(3) Any part of Lee County which is not included
in any commissioner district described in this section
shall be included within that commissioner district conti-
guous to such part which contains the least population
according to the United States decennial census of 1980
for the State of Georgia.
(d) The members of the board of commissioners who
are in office on July 1, 1985, shall continue in office for the
GEORGIA LAWS 1985 SESSION
4253
remainder of the terms in which they are serving on such
date, unless otherwise removed from office as provided by
law. At the general election in 1988, a member shall be
elected from each commissioner district. The members
elected from Commissioner Districts 1 and 3 shall take office
on January 1, 1989, for an initial term of office of two years
each and until their respective successors are elected and
qualified. The members elected from Commissioner Districts
2, 4, and 5 shall take office on January 1, 1989, for an initial
term of office of four years each and until their respective
successors are elected and qualified. Successors to such mem-
bers shall be elected at the general election immediately
preceding the expiration of the terms of office and shall take
office on January 1 following the election for terms of office
of four years each and until their respective successors are
elected and qualified.
(e) Each candidate for election shall be a resident of
the commissioner district from which such person seeks elec-
tion and a qualified voter of Lee County. A member of the
board must remain a resident of the commissioner district
from which the member was elected during the term of office
or the office shall immediately become vacant. The member
elected from each commissioner district shall be voted on
only by the electors residing within such commissioner dis-
trict.
(f) The nomination and election of members of the
board of commissioners shall be conducted in accordance
with Chapter 2 of Title 21 of the Official Code of Georgia
Annotated, known as the 'Georgia Election Code.
(g) The board of commissioners shall perform all of the
duties and shall have all of the powers now incident to such
office or otherwise provided for by law.
(h) In the case of a vacancy in the office of any member
of the board of commissioners by reason of death, disability,
resignation, or any other cause, the vacancy shall be filled
in the same manner as a vacancy in the office of any other
county officer.
(i) At its first meeting in each year, the members of
the board of commissioners shall, by majority vote, elect
4254 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
one of their number to serve as chairman of the board for
such year and until a successor is elected. Any member shall
be eligible to succeed himself as chairman of the board. The
chairman shall devote as much time and attention to such
office as is required to perform the duties of such office in
a diligent manner. The chairman shall have and shall main-
tain an office in the county courthouse in the City of Leesburg
and shall act as a purchasing agent for the board of commis-
sioners.
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 1985 Session of the Georgia General Assembly a bill
to change the method of election of County Commissioners for
Lee County from an at-large system to a district system, to
establish terms of office, the method of selection of chairman
and for other purposes.
This 29th day of January, 1985.
William E. Cannon, Jr.
County Attorney
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Bob Hanner, who, on oath,
deposes and says that he is Representative from the 131st Dis-
trict, and that the attached copy of Notice of Intention to Intro-
duce Local Legislation was published in the Lee County Ledger
which is the official organ of Lee County, on the following date:
January 31, 1985.
/s/ Bob Hanner
Representative,
131st District
GEORGIA LAWS 1985 SESSION
4255
Sworn to and subscribed before me,
this 14th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 27, 1985.
COBB JUDICIAL CIRCUIT INVESTIGATORS; CHIEF
INVESTIGATOR; ASSISTANT DISTRICT ATTORNEYS.
No. 261 (House Bill No. 837).
AN ACT
To amend an Act creating the Cobb Judicial Circuit, ap-
proved February 19, 1951 (Ga. L. 1951, p. 184), as amended,
particularly by an Act approved March 12, 1984 (Ga. L. 1984,
p. 348) and an Act approved March 29, 1984 (Ga. L. 1984, p.
5188), so as to change the provisions relative to the appointment
and compensation of investigators; to provide for the position
of chief investigator; to change the number and compensation
of assistant district attorneys; to provide an effective date; to
repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act creating the Cobb Judicial Circuit, ap-
proved February 19, 1951 (Ga. L. 1951, p. 184), as amended,
particularly by an Act approved March 12, 1984 (Ga. L. 1984,
p. 348) and an Act approved March 29, 1984 (Ga. L. 1984, p.
5188), is amended by striking Section 4(a) in its entirety and
inserting in lieu thereof a new Section 4(a) to read as follows:
4256 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
"Section 4(a). Said district attorney is authorized to ap-
point five investigators, Cobb Judicial Circuit, to serve at
the pleasure of said district attorney and to perform gener-
ally such duties as may be assigned by said district attorney.
They shall have the same power as a sheriff to make arrests,
to execute and return all criminal warrants and processes,
and to serve as a peace officer and they shall be subpoena
clerks in the superior court for the purpose of summoning
witnesses before the grand jury. One of the investigators
shall be designated the chief investigator and his duties shall
include supervision of the remaining investigators and such
other duties as may be assigned by the district attorney.
The chief investigator shall receive as compensation for the
performance of such duties a sum of not less than $9,860.00
nor more than $35,000.00 per annum, the exact amount to
be determined by the district attorney. The compensation
shall be paid in equal monthly installments from the general
funds of Cobb County, Georgia. The remaining investigators
shall receive as compensation for the performance of such
duties a sum of not less than $9,860.00 nor more than
$24,000.00 per annum, the exact amount to be determined
by the district attorney. The compensation shall be paid in
equal monthly installments from the general funds of Cobb
County, Georgia.
Section 2. Said Act is further amended by striking Section
4B in its entirety and inserting in lieu thereof a new Section
4B to read as follows:
"Section 4B. The district attorney is authorized to ap-
point, in addition to those assistant district attorneys other-
wise provided by law, seven full-time or part-time assistant
district attorneys who shall serve at the pleasure of the dis-
trict 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 or after April 1,
1985, all assistant district attorneys shall be compensated
in the sum of not less than $19,185.00 nor more than $45,-
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
GEORGIA LAWS 1985 SESSION
4257
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 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 Legislation.
Notice is given that there will be introduced at the regular
1985 session of the General Assembly of Georgia a bill to amend
an act creating the Cobb Judicial Circuit, approved February
19, 1951 (Georgia Laws 1951, page 184), as amended, so as to
change the provisions relative to assistant District Attorneys
and investigators; to provide for a chief investigator; to provide
for matters relative to the foregoing and for other purposes.
This seventh day of February, 1985.
Signed: Johnny Isakson
Rep., 21st District
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 follow-
ing date: February 8, 1985.
/s/ Johnny Isakson
Representative,
21st District
4258 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 11th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 27, 1985.
CITY OF NEWNAN BOARD OF WATER, SEWERAGE,
AND LIGHT COMMISSION; LOCAL CONSTITUTIONAL
AMENDMENT CONTINUED.
No. 262 (House Bill No. 838).
AN ACT
To continue in force and effect as a part of the Constitution
of the State of Georgia that constitutional amendment which
was proposed by Resolution Act No. 204 (HR No. 636-1488) en-
acted at the 1972 session of the General Assembly and which
was duly ratified at the 1972 general election (Ga. L. 1972, p.
1410) and which authorizes the City of Newnan and its Board
of Water, Sewerage, and Light Commission to combine and oper-
ate the citys water, sewerage, electricity systems; to provide
the authority for this Act; to repeal conflicting laws; and for
other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. That constitutional amendment which was pro-
posed by Resolution Act No. 204 (HR No. 636-1488) enacted at
the 1972 session of the General Assembly and which was duly
ratified at the 1972 general election (Ga. L. 1972, p. 1410) and
which authorizes the City of Newnan and its Board of Water,
Sewerage, and Light Commission to combine and operate the
citys water, sewerage, electricity systems shall not be repealed
or deleted on July 1, 1987, as a part of the Constitution of the
State of Georgia but is specifically continued in force and effect
GEORGIA LAWS 1985 SESSION
4259
on and after that date as a part of the Constitution of the State
of Georgia.
Section 2. This Act is passed pursuant to Article XI, Sec-
tion I, Paragraph IV of the Constitution of the State of Georgia
which authorizes the continuation of certain amendments to
the 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 regular
1985 session of the General Assembly of Georgia a bill to con-
tinue in force and effect as a part of the Constitution of the
State of Georgia that constitutional amendment which was pro-
posed by Resolution Act No. 204 (HR No. 636-1488) enacted at
the 1972 session of the General Assembly and which was duly
ratified at the 1972 general election (Ga. L. 1972, p. 1410) and
which authorizes the City of Newnan and its Board of Water,
Sewerage, and Light Commission to combine and operate the
citys water, sewerage, electricity systems; to provide the author-
ity for this Act; to provide for related matters; and for other
purposes.
This 24th day of January, 1985.
J. Neal Shepard, Jr.
71st District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, J. Neal Shepard, Jr., who,
on oath, deposes and says that he is Representative from the
71st District, and that the attached copy of Notice of Intention
to Introduce Local Legislation was published in the Newnan
Times Herald which is the official organ of Coweta County, on
the following date: January 31, 1985.
/s/ J. Neal Shepard, Jr.
Representative,
71st District
4260 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 13th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 27, 1985.
CITY OF NEWNAN BOARD OF WATER, SEWERAGE,
AND LIGHT COMMISSION; LOCAL CONSTITUTIONAL
AMENDMENT CONTINUED.
No. 263 (House Bill No. 839).
AN ACT
To continue in force and effect as a part of the Constitution
of the State of Georgia that constitutional amendment which
was proposed by Resolution Act No. 142 (HR No. 516-1556) en-
acted at the 1974 session of the General Assembly and which
was duly ratified at the 1974 general election (Ga. L. 1974, p.
1700) and which designates the Board of Water, Sewerage, and
Light Commission of the City of Newnan as the sole operational
governing authority of the utility systems of the City of Newnan;
to provide the authority for this Act; to repeal conflicting laws;
and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. That constitutional amendment which was pro-
posed by Resolution Act No. 142 (HR No. 516-1556) enacted at
the 1974 session of the General Assembly and which was duly
ratified at the 1974 general election (Ga. L. 1974, p. 1700) and
which designates the Board of Water, Sewerage, and Light Com-
mission of the City of Newnan as the sole operational governing
authority of the utility systems of the City of Newnan shall
not be repealed or deleted on July 1, 1987, as a part of the
Constitution of the State of Georgia but is specifically continued
GEORGIA LAWS 1985 SESSION
4261
in force and effect on and after that date as a part of the Constitu-
tion of the State of Georgia.
Section 2. This Act is passed pursuant to Article XI, Sec-
tion I, Paragraph IV of the Constitution of the State of Georgia
which authorizes the continuation of certain amendments to
the 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 regular
1985 session of the General Assembly of Georgia a bill to con-
tinue in force and effect as a part of the Constitution of the
State of Georgia that constitutional amendment which was pro-
posed by Resolution Act No. 142 (HR No. 516-1556) enacted at
the 1974 session of the General Assembly and which was duly
ratified at the 1974 general election (Ga. L. 1974, p. 1700) and
which designates the Board of Water, Sewerage, and Light Com-
mission of the City of Newnan as the sole operational governing
authority of the utility systems of the City of Newnan; to provide
the authority for this Act; to provide for related matters; and
for other purposes.
This 24th day of January, 1985.
J. Neal Shepard, Jr.
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, J. Neal Shepard, Jr., who,
on oath, deposes and says that he is Representative from the
71st District, and that the attached copy of Notice of Intention
to Introduce Local Legislation was published in the Newnan
Times Herald which is the official organ of Coweta County, on
the following date: January 31, 1985.
/s/ J. Neal Shepard, Jr.
Representative,
71st District
4262 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 13th day of February, 1985.
Is/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 27, 1985.
CITY OF BAINBRIDGE ALDERMEN; NUMBER;
ELECTIONS.
No. 264 (House Bill No. 842).
AN ACT
To amend an Act creating a new charter for the City of
Bainbridge, approved December 16, 1901 (Ga. L. 1901, p. 321),
as amended, so as to change the number of aldermen of the
City of Bainbridge; to provide for the election of part of said
aldermen from election districts; to describe said election dis-
tricts; to provide residence requirements for candidates from
said election districts; to provide for posts; to change the proce-
dure, method, and requirements for election as mayor or aider-
men of the City of Bainbridge; to repeal conflicting laws; and
for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act creating a new charter for the City of
Bainbridge, approved December 16, 1901 (Ga. L. 1901, p. 321),
as amended, is amended by striking Section 2 in its entirety
and inserting in lieu thereof a new Section 2 to read as follows:
"Section 2. (a) The municipal government of said City
of Bainbridge shall be vested in a mayor and eight aldermen
until January 6, 1986, in a mayor and seven aldermen from
January 6, 1986, until January 6, 1988, and in a mayor
and six aldermen thereafter, who are hereby constituted a
GEORGIA LAWS 1985 SESSION
4263
body corporate under the name and style of 'The City of
Bainbridge, and by that name and style shall have perpetual
succession, shall have a common seal, and be capable in
law and in equity to purchase, have and hold, receive and
enjoy, possess and retain to them and their successors, for
the use of the City of Bainbridge, any estate or estates, real
or personal, of whatsoever kind or nature, and shall, by the
said name of 'The City of Bainbridge, be capable to sue
and be sued, plead and be impleaded, in any court of law
or equity in this state, and shall succeed to all the rights
and liabilities of the present corporation of the City of Bain-
bridge.
(b) For the purpose of electing aldermen, the City of
Bainbridge is divided into election districts as follows:
ELECTION DISTRICT A. Election District A shall
consist of the following described area of the City of Bain-
bridge: Beginning at the intersection of the centerline
of Planter Street with the eastern boundary of the City
Limits of the City of Bainbridge and running thence in
a Westerly direction along the centerline of Planter
Street to the intersection of the centerline of Planter
Street with the centerline of Lamar Street; thence in a
Southerly direction along the centerline of Lamar Street
to the intersection of the centerline of Lamar Street with
the centerline of Shotwell Street; thence in a Westerly
direction along the centerline of Shotwell Street to the
intersection of the centerline of Shotwell Street with the
centerline of West Street; thence in a Southerly direction
along the centerline of West Street to the intersection
of the centerline of West Street with the centerline of
the U.S. Highway 27 - 84 By-Pass; thence in a Northwes-
terly direction along the centerline of the U.S. Highway
27 - 84 By-Pass to the intersection of the centerline of
the U.S. Highway 27 - 84 By-Pass with the centerline
of Spring Creek Road; thence in a Northerly direction
along the centerline of Spring Creek Road to the intersec-
tion of the centerline of Spring Creek Road with the
centerline of Dothan Road; thence in a Southeasterly
direction along the centerline of Dothan Road to the in-
tersection of the centerline of Dothan Road with the cen-
terline of Miller Avenue; thence in a Northerly direction
along the centerline of Miller Avenue to the intersection
4264 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
of the centerline of Miller Avenue with the Northern
boundary of the City Limits of the City of Bainbridge;
thence in a clockwise direction along the boundary of
the City Limits of the City of Bainbridge to the intersec-
tion of the boundary of the City Limits of the City of
Bainbridge with the centerline of Planter Street and the
point of beginning; and
ELECTION DISTRICT B. Election District B shall
consist of the following described area of the City of Bain-
bridge: Beginning at the intersection of the centerline
of Planter Street with the eastern boundary of the City
Limits of the City of Bainbridge and running thence in
a Westerly direction along the centerline of Planter
Street to the intersection of the centerline of Planter
Street with the centerline of Lamar Street; thence in a
Southerly direction along the centerline of Lamar Street
to the intersection of the centerline of Lamar Street with
the centerline of Shotwell Street; thence in a Westerly
direction along the centerline of Shotwell Street to the
intersection of the centerline of Shotwell Street with the
centerline of West Street; thence in a Southerly direction
along the centerline of West Street to the intersection
of the centerline of West Street with the centerline of
the U.S. Highway 27 - 84 By-Pass; thence in a Northwes-
terly direction along the centerline of the U.S. Highway
27 - 84 By-Pass to the intersection of the centerline of
the U.S. Highway 27 - 84 By-Pass with the centerline
of Spring Creek Road; thence in a Northerly direction
along the centerline of Spring Creek Road to the intersec-
tion of the centerline of Spring Creek Road with the
centerline of Dothan Road; thence in a Southeasterly
direction along the centerline of Dothan Road to the in-
tersection of the centerline of Dothan Road with the cen-
terline of Miller Avenue; thence in a Northerly direction
along the centerline of Miller Avenue to the intersection
of the centerline of Miller Avenue with the Northern
boundary of the City Limits of the City of Bainbridge;
thence in a counter-clockwise direction along the bound-
ary of the City Limits of the City of Bainbridge to the
intersection of the boundary of the City Limits of the
City of Bainbridge with the centerline of Planter Street
and the point of beginning.
GEORGIA LAWS 1985 SESSION
4265
(c) Any land annexed into the City of Bainbridge that
is adjacent to the part of the boundary of the City Limits
of the City of Bainbridge that begins at the centerline of
Miller Avenue and runs along the boundary of said City
Limits in a clockwise direction to the centerline of Planter
Street shall become a part of Election District A. Any land
that is annexed into the City of Bainbridge that is adjacent
to the part of the boundary of the City Limits of the City
of Bainbridge that begins at the centerline of Miller Avenue
and runs along the boundary of said City Limits in a counter-
clockwise direction to the centerline of Planter Street shall
become a part of Election District B.
Section 2. Said Act is further amended by striking Section
4 in its entirety and inserting in lieu thereof a new Section 4
to read as follows:
"Section 4. (a) Beginning in 1981 and continuing
thereafter, city elections shall be held on the second Tuesday
in November every two years.
(b) The mayor and four aldermen elected at the city
election on the second Tuesday in November, 1981, or succes-
sors filling vacancies in such offices, shall continue to serve
out their respective terms of office and until their successors
are elected and qualified. Said mayor and four aldermen
shall be succeeded by a mayor and three aldermen elected
at the city election held on the second Tuesday in November,
1985, for a term of four years beginning on January 6, 1986.
One of said three aldermen shall be elected to Post Number
One, one shall be elected to Post Number Two, and one shall
be elected to Post Number Three. In the election held on
the second Tuesday in November, 1985, no candidate for
alderman shall be designated as an incumbent.
(c) The four aldermen elected at the city election on
the second Tuesday in November, 1983, or successors filling
vacancies in such offices, shall continue to serve out their
respective terms of office and until their successors are
elected and qualified. Said four aldermen shall be succeeded
by three aldermen elected at the city election held on the
second Tuesday in November, 1987, for terms of four years
beginning on January 6, 1988. One of said three aldermen
shall be elected to Post Number Four, one shall be elected
4266 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
to Post Number Five, and one shall be elected to Post Num-
ber Six. In the election held on the second Tuesday in Novem-
ber, 1987, no candidate for alderman shall be designated
as an incumbent.
(d) Successors to the mayor and aldermen elected pur-
suant to the provisions of subsections (b) and (c) of this section
shall be elected at the city election immediately preceding
the expiration of their respective terms of office and shall
take office on the January 6 immediately following their
election for terms of office of four years and until their succes-
sors are elected and qualified.
(e) The mayor and any candidate for mayor and the
alderman in Post Number One or any candidate for Post
Number One may reside in any part of the City of Bainbridge
and shall be elected by the qualified voters of the entire
city on a city-wide basis. A candidate for Post Number Two
or for Post Number Four must be a resident of Election
District A at the time the candidate qualifies to run for said
post and shall be elected by the qualified voters of the City
of Bainbridge residing within Election District A. The quali-
fied voters of Election District A shall be authorized to vote
for one candidate for each post within such election district
as well as to vote for a candidate for mayor and for Post
Number One. A candidate for Post Number Three, for Post
Number Five, or for Post Number Six must be a resident
of Election District B at the time the candidate qualifies
to run for said post and shall be elected by the qualified
voters of the City of Bainbridge residing within Election
District B. The qualified voters of Election District B shall
be authorized to vote for one candidate for each post within
such election district as well as to vote for a candidate for
mayor and for Post Number One. Each candidate for aider-
man shall designate the post which said candidate seeks
and, for each election after the election held on the second
Tuesday in November, 1987, shall name the incumbent in
said post, all as specified in Code Section 21-3-98 of the
O.C.G.A. In the event that any alderman or alderman-elect
of Post Number Two, Three, Four, Five, or Six ceases to
be a resident of the election district from which said aider-
man was elected, then the office shall be declared by the
board of aldermen to be vacant and shall be filled in the
manner hereinafter provided.
GEORGIA LAWS 1985 SESSION
4267
(f) The mayor and each alderman shall be nominated
and elected in accordance with the provisions of Chapter 3
of Title 21 of the O.C.G.A., the 'Georgia Municipal Election
Code. A candidate must receive the highest number of votes
cast for the particular office or post for which he is offering
and, at the same time, the candidate must receive a majority
of the total votes cast for such post.
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 1985 Session of the General Assembly of Georgia a
Bill to amend an Act Creating a New Charter for the City of
Bainbridge, approved December 16, 1901 (Georgia Laws, 1901,
Page 321), as amended, to change the number of Aldermen of
the City of Bainbridge; to provide for the election of part of
said Aldermen from Election Districts; to describe said Election
Districts; to provide residency requirements for candidates from
said Election Districts; to change the procedure, method, and
requirement for election as Mayor or Aldermen of the City of
Bainbridge; and for other purposes.
This 24th day of January, 1985.
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 Bainbridge
Post-Searchlight which is the official organ of Decatur County,
on the following date: January 26, 1985.
/s/ Walter E. Cox
Representative,
141st District
4268 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 14th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 27, 1985.
UNION COUNTY HOSPITAL AUTHORITY VACANCIES.
No. 265 (House Bill No. 843).
AN ACT
To amend an Act providing for vacancies on the board of
the Union County Hospital Authority, approved March 18,1980
(Ga. L. 1980, p. 3557), so as to change the manner of filling
vacancies and to provide for terms of office; to repeal conflicting
laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act providing for vacancies on the board
of the Union County Hospital Authority, approved March 18,
1980 (Ga. L. 1980, p. 3557), is amended by striking Section 1
thereof and inserting in its place a new Section 1 to read as
follows:
"Section 1. Appointments to fill vacancies for either an
unexpired or full term on the board of trustees of the Union
County Hospital Authority shall be filled as follows:
(a) The governing authority of Union County shall fill
such vacancies for four of the five members of said board
of trustees by submitting to the board of the hospital author-
GEORGIA LAWS 1985 SESSION
4269
ity a list of three eligible persons for each such vacancy.
The board at its next regular meeting shall either select
one of the three persons named in that list for each such
vacancy or decline to select any of the persons named for
any such vacancy in the list. If the board declines to select
any of the persons named on the list for any such vacancy,
it shall notify the governing authority. Upon receipt of notifi-
cation that the board has declined to select any of the persons
named in the governing authoritys list for any such vacancy,
the governing authority shall submit to the board of the
hospital authority a second list of three eligible persons for
that vacancy, no one of whom was named on the first list.
The board at its next regular meeting after receipt of the
second list shall select one of the persons named in the second
list for that vacancy.
(b) The fifth member of said board of trustees shall be
appointed by the governing authority of the City of Blairs-
ville. The member appointed by the governing authority of
said city shall be the member whose regular term of office
expires in a year different from any other member of the
board of trustees. When a vacancy occurs in the membership
position appointed by the governing authority of said city,
the governing authority of that city shall submit to the board
of the hospital authority a list of three eligible persons for
the vacancy. The board at its next regular meeting shall
either select one of the three persons named in that list or
decline to select any of the persons named in the list. If
the board declines to select any of the persons named in
the list, it shall so notify the governing authority of that
city. Upon receipt of notification that the board has declined
to select any of the persons named in that governing authori-
tys list, the governing authority shall submit to the board
of the hospital authority a second list of three eligible per-
sons, no one of whom was named on the first list. The board
at its next regular meeting after receipt of the second list
shall select one of the persons named in the second list.
(c) Any appointment to fill a vacancy on the board under
this section shall be for a term of six years and until a succes-
sor is appointed and qualified, unless the appointment is
made to fill the vacancy for a reason other than the expira-
tion of the term of office, and in that event the appointment
shall be made to fill the vacancy until the expiration of the
4270 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
term of office and until a successor is appointed and quali-
fied.
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
1985 session of the General Assembly of Georgia a bill to amend
an act providing for vacancies on the board of the Union County
Hospital Authority, approved March 18, 1980 (Ga. L. 1980, p.
3557); to repeal conflicting laws; and for other purposes.
This 14th day of January, 1985.
/s/ Carlton H. Colwell
Rep., 4th 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 North Geor-
gia News which is the official organ of Union County, on the
following date: January 24, 1985.
/s/ Carlton H. Colwell
Representative,
4th District
Sworn to and subscribed before me,
this 8th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 27, 1985.
GEORGIA LAWS 1985 SESSION
4271
TATTNALL COUNTY BOARD OF EDUCATION;
ELECTIONS; LOCAL CONSTITUTIONAL AMENDMENT
CONTINUED.
No. 266 (House Bill No. 861).
AN ACT
To continue in force and effect as a part of the Constitution
of the State of Georgia that constitutional amendment authoriz-
ing the General Assembly to provide by law for the election
of the members of the Board of Education of Tattnall County
(Res. Act No. 71; H.R. 43-71; Ga. L. 1966, p. 889); to provide
the authority for this Act; to repeal conflicting laws; and for
other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. That constitutional amendment authorizing the
General Assembly to provide by law for the election of the mem-
bers of the Board of Education of Tattnall County (Res. Act
No. 71; H.R. 43-71; Ga. L. 1966, p. 889) shall not be repealed
or deleted on July 1, 1987, as a part of the Constitution of the
State of Georgia but is specifically continued in force and effect
on and after that date as a part of the Constitution of the State
of Georgia.
Section 2. This Act is passed pursuant to Article XI, Sec-
tion I, Paragraph IV of the Constitution of the State of Georgia
which authorizes the continuation of certain amendments to
the 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 regular
1985 session of the General Assembly of Ga. a bill to continue
in force and effect as a part of the constitution of the State of
Ga. that constitutional amendment authorizing the General As-
4272 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
sembly to provide by law for the election of the members of
the Board of Education of Tattnall County, (Res. Act No. 71;
H.R. 43-71; GA. L. 1966, p. 889); and for other purposes.
This fourth day of February, 1985.
Clinton Oliver
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 Jour-
nal which is the official organ of Tattnall County, on the follow-
ing date: February 7, 1985.
/s/ Clinton Oliver
Representative,
121st District
Sworn to and subscribed before me,
this 18th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 27, 1985.
GEORGIA LAWS 1985 SESSION
4273
BACON COUNTY BOARD OF EDUCATION;
COMPENSATION.
No. 267 (House Bill No. 868).
AN ACT
To amend an Act providing for the election of the board
of education of Bacon County, approved February 20, 1976
(Ga. L. 1976, p. 2713), so as to change the compensation of the
chairman and members of the board; to repeal conflicting laws;
and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act providing for the election of the board
of education of Bacon County, approved February 20, 1976
(Ga. L. 1976, p. 2713), is amended by striking Section 4 of Article
II and inserting in lieu thereof a new Section 4 to read as follows:
"Section 4. (a) The chairman of the board of education
of Bacon County shall be compensated in the amount of
$150.00 per month.
(b) The other members of the board shall be compen-
sated in the amount of $100.00 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 given that there will be introduced at the regular
1985 session of the General Assembly of Georgia a bill to amend
an Act providing for the election of Board of Education of Bacon
County, approved February 20, 1976, (Georgia Laws 1976, page
2713); and for other purposes.
This 8th day of February, 1985.
Jack C. Carter
Chairman, Bacon County
Board of Education
4274 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 14, 1985.
/s/ Tommy Smith
Representative,
152nd District
Sworn to and subscribed before me,
this 18th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 27, 1985.
ECHOLS COUNTY BOARD OF COMMISSIONERS;
COMPENSATION.
No. 268 (House Bill No. 876).
AN ACT
To amend an Act amending, revising, superseding, and con-
solidating the laws creating and governing the Board of Commis-
sioners of Echols County, approved February 3, 1953 (Ga. L.
1953, Jan.-Feb. Sess., p. 2054), as amended, particularly by an
Act approved April 17, 1975 (Ga. L. 1975, p. 3662), so as to
change the compensation of members of the Board of Commis-
GEORGIA LAWS 1985 SESSION
4275
sioners of Echols 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 amending, revising, superseding, and
consolidating the laws creating and governing the Board of Com-
missioners of Echols County, approved February 3,1953 (Ga. L.
1953, Jan.-Feb. Sess., p. 2054), as amended, particularly by an
Act approved April 17, 1975 (Ga. L. 1975, p. 3662), is amended
by striking Section 5 and inserting in lieu thereof a new Section
5 to read as follows:
"Section 5. Said commissioners shall pay themselves
the sum of two hundred dollars ($200.00) per month each,
which shall be in lieu of all salary or other compensation
for their respective services. They shall pay to themselves
their actual expenses incurred in performing their duties
that require their presence outside the County of Echols,
but not otherwise.
Section 2. This Act shall become effective on the first day
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 1985 Session of the General Assembly of Georgia, a
Bill to amend the Act creating and governing the Board of Com-
missioners of Echols County, Georgia, as amended, to provide
that said Commissioners of Echols County shall be compensated
at the rate of $200.00 per month each, in lieu of $150.00 per
month each; to authorize the Board of Commissioners of Echols
County to appoint the Chairman or one of the other Commission-
ers as a part-time County Manager and to provide, set and pay
the appropriate and necessary compensation for said services;
to repeal conflicting laws; to provide for other matters relative
to the foregoing and for other purposes.
4276 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This 9th day of January, 1985.
Henry L. Reaves
Representative,
147th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Henry L. Reaves, who, on
oath, deposes and says that he is Representative from the 147th
District, and that the attached copy of Notice of Intention to
Introduce Local Legislation was published in the Valdosta Daily
Times which is the official organ of Echols County, on the follow-
ing date: January 19, 1985.
/s/ Henry L. Reaves
Representative,
147th District
Sworn to and subscribed before me,
this 18th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 27, 1985.
GEORGIA LAWS 1985 SESSION
4277
DeKALB COUNTY RECORDERS COURT; JURISDICTION;
LOCAL CONSTITUTIONAL AMENDMENT CONTINUED.
No. 269 (House Bill No. 877).
AN ACT
To continue in force and effect as a part of the Constitution
of the State of Georgia that constitutional amendment granting
jurisdiction to the Recorders Court of DeKalb County to try
and dispose of all offenses and offenders against any ordinance
of DeKalb County controlling animals (Res. Act No. 188; H.R.
624-1616; Ga. L. 1980, p. 2125); to provide the authority for
this Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. That constitutional amendment granting juris-
diction to the Recorders Court of DeKalb County to try and
dispose of all offenses and offenders against any ordinance of
DeKalb County controlling animals (Res. Act No. 188; H.R. 624-
1616; Ga. L. 1980, p. 2125) shall not be repealed or deleted on
July 1,1987, as a part of the Constitution of the State of Georgia
but is specifically continued in force and effect on and after
that date as a part of the Constitution of the State of Georgia.
Section 2. This Act is passed pursuant to Article XI, Sec-
tion I, Paragraph IV of the Constitution of the State of Georgia
which authorizes the continuation of certain amendments to
the Constitution.
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 of intention to introduce local legisla-
tion to continue in force and effect as a part of the Constitution
of the State of Georgia that constitutional amendment regarding
DeKalb County - Recorders Court Jurisdiction, which was pro-
posed by resolution act 188 of the 1980 General Assembly and
4278 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
was duly ratified at the 1980 General Election "Ga. L. 1980,
p. 2125.
J. Max Davis
Representative,
45th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, J. Max Davis, who, on oath,
deposes and says that he is Representative from the 45th Dis-
trict, and that the attached copy of Notice of Intention to Intro-
duce Local Legislation was published in the Decatur DeKalb
News/Era which is the official organ of DeKalb County, on the
following date: February 14, 1985.
/s/ J. Max Davis
Representative,
45th District
Sworn to and subscribed before me,
this 18th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 27, 1985.
GEORGIA LAWS 1985 SESSION
4279
DeKALB COUNTY ORDINANCES; PENALTIES;
BUSINESS LICENSES; RECORDERS COURT; LOCAL
CONSTITUTIONAL AMENDMENTS CONTINUED.
No. 270 (House Bill No. 879).
AN ACT
To continue in force and effect as a part of the Constitution
of the State of Georgia those constitutional amendments autho-
rizing the General Assembly to empower the Board of Commis-
sioners of DeKalb County to enact ordinances for the policing
and governing of said county and to provide penalties for viola-
tion of such ordinances; authorizing licensing and regulation
of businesses in the unincorporated area of the county; and
authorizing the creation of a County Recorders Court for De-
Kalb County (Res. Act No. 161; H.R. 442-1109a; Ga. L. 1958,
p. 582, as amended by Res. Act No. 235; H.R. 645-1217; Ga. L.
1962, p. 1133); to provide the authority for this Act; to repeal
conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Those constitutional amendments authorizing
the General Assembly to empower the Board of Commissioners
of DeKalb County to enact ordinances for the policing and gov-
erning of said county and to provide penalties for violation of
such ordinances; authorizing licensing and regulation of busi-
nesses in the unincorporated area of the county; and authorizing
the creation of a County Recorders Court for DeKalb County
(Res. Act No. 161; H.R. 442-1109a; Ga. L. 1958, p. 582, as
amended by Res. Act No. 235; H.R. 645-1217; Ga. L. 1962, p.
1133) shall not be repealed or deleted on July 1, 1987, as a
part of the Constitution of the State of Georgia but is specifically
continued in force and effect on and after that date as a part
of the Constitution of the State of Georgia.
Section 2. This Act is passed pursuant to Article XI, Sec-
tion I, Paragraph IV of the Constitution of the State of Georgia
which authorizes the continuation of certain amendments to
the Constitution.
4280 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Notice of Intention to Apply for Local Legislation.
Notice is hereby given of intention to apply for local legisla-
tion to continue in force and effect as a part of the Constitution
of the State of Georgia that constitutional amendment relating
to DeKalb County - Power to enact ordinances, issue business
licenses, and create a county Recorders Court, which was pro-
posed by resolution act 161 of the 1958 General Assembly and
was duly ratified at the 1958 General Election "Ga. L. 1958,
p. 582.
Manuel J. Maloof
Chief Executive Officer,
DeKalb County
Publishers Certificate.
State of Georgia. County of DeKalb.
Personally appeared before the undersigned, a notary public
within and for said county and State, Gerald Wm. Crane, Co-
publisher of Decatur-DeKalb News/Era, a newspaper publisher
at Decatur, county of DeKalb, State of Georgia, who, being duly
sworn, states on oath that the report of Local Legislation, a
true copy of which is hereto annexed, was published in said
newspaper in its issue of the 24th day of January, 1985.
/s/ Gerald W. Crane
Publisher
(by) Lenagray Milner
Agent
Sworn to and subscribed before me
this 24th day of January, 1985.
/s/ B. Lynn Crane
Notary Public.
My commission expires January 3, 1986.
(Seal).
Approved March 27, 1985.
GEORGIA LAWS 1985 SESSION
4281
CLARKE COUNTY BOARD OF COMMISSIONERS;
COMPENSATION.
No. 271 (House Bill No. 880).
AN ACT
To amend an Act creating the board of commissioners of
Clarke County, approved March 29, 1973 (Ga. L. 1973, p. 2467),
as amended, particularly by an Act approved April 9,1981 (Ga.
L. 1981, p. 4594), so as to change the compensation of the chair-
man and other members of the board of commissioners; to pro-
vide an effective date; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act creating the board of commissioners
of Clarke County, approved March 29, 1973 (Ga. L. 1973, p.
2467), as amended, particularly by an Act approved April 9,
1981 (Ga. L. 1981, p. 4594), is amended by striking subsection
(a) of Section 8 and inserting in its place a new subsection (a)
of Section 8 to read as follows:
"(a) The chairman of the board shall be compensated
in the amount of $10,000.00 per annum, to be paid in equal
monthly installments, and he shall also receive an annual
travel and expense allowance of $1,200.00 per annum, paya-
ble in equal monthly installments. The other four members
of the board shall be compensated in the amount of $7,200.00
per annum each, to be paid in equal monthly installments,
and they shall also receive an annual travel and expense
allowance of $1,200.00 per annum each, payable in equal
monthly installments. Said sums shall be paid from the funds
of Clarke County. The salary and expense allowance so fixed
shall constitute the entire compensation from all sources
to which the chairman or any commissioner shall be entitled.
They shall not be entitled to any further compensation for
serving on any other boards or authorities by virtue of their
office.
4282 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2. This Act shall become effective on the first day
of the month following the month in which it is approved by
the Governor or in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that local legislation will be intro-
duced in the 1985 Session of the General Assembly of Georgia
to amend an Act creating the Board of Commissioners of Clarke
County, approved March 29, 1973 (Ga. Laws 1973, p. 2467), as
amended by an Act approved March 21, 1976 (Ga. Laws 1976,
p. 3628), an Act approved March 13, 1978 (Ga. Laws 1978, p.
3373), an Act approved April 19, 1979 (Ga. Laws 1979, p. 4311),
and by a resolution adopted by the Board of Commissioners
pursuant to home rule authority on May 11, 1982 (Ga. Laws
1983, p. 4762), to change the provisions of the Act regarding
compensation for the chairman and the members of the Board
and for other purposes.
This 15th day of February, 1985
Hugh Logan
Representative,
67 th District
Bob Argo
Representative,
68th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Hugh Logan, who, on oath,
deposes and says that he is Representative from the 67th Dis-
trict, and that the attached copy of Notice of Intention to Intro-
duce Local Legislation was published in the Athens Banner-
Herald which is the official organ of Clarke County, on the fol-
lowing date: February 15, 1985.
/s/ Hugh Logan
Representative,
67th District
GEORGIA LAWS 1985 SESSION
4283
Sworn to and subscribed before me,
this 18th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 27, 1985.
BRANTLEY COUNTY BOARD OF COMMISSIONERS;
COMPENSATION.
No. 272 (House Bill No. 882).
AN ACT
To amend an Act creating the office of Commissioners of
Roads and Revenues of Brantley County, approved July 1, 1927
(Ga. L. 1927, p. 500), as amended, particularly by an Act ap-
proved March 11, 1968 (Ga. L. 1968, p. 2258), so as to change
the compensation of the chairman and the other members of
the board; to provide for a new method of computing the compen-
sation 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 the office of Commissioners of
Roads and Revenues of Brantley County, approved July 1, 1927
(Ga. L. 1927, p. 500), as amended, particularly by an Act ap-
proved March 11, 1968 (Ga. L. 1968, p. 2258), is amended by
striking Section 4 of said Act in its entirety and inserting in
lieu thereof a new Section 4 to read as follows:
"Section 4. The chairman of the board of commissioners
shall be the chief executive officer of the board. He shall
4284 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
carry out the policies of the board concerning the governing
of the affairs of Brantley County. He shall not vote on ques-
tions coming before the board except to break a tie. He shall
receive as compensation for his services as such the sum
of $19,943.30 per annum plus a mileage expense at the rate
of 17 per mile expended in administering the affairs of his
office. From and after the effective date of this Act, the chair-
mans salary shall be the sum of one-fourth of the total of
the salaries of the constitutional officers of the county: the
clerk of the Superior Court of Brantley County; the judge
of the probate court; the sheriff; and the tax commissioner.
The chairmans salary shall be recomputed according to the
above-stated formula upon any increase in the salary of any
of said constitutional officers.
Section 2. Said Act is further amended by striking Section
8 in its entirety and inserting in lieu thereof a new Section 8
to read as follows:
"Section 8. The board of commissioners shall hold at least
one regularly scheduled monthly meeting which shall be
on the first Tuesday in each month until changed by the
board. The members of the board other than the chairman
shall receive the sum of $150.00 per month for their services
as members of the board, plus the sum of 17^ per mile ex-
pended going to and from meetings of the board. If any mem-
ber of the board shall miss more than two regularly sched-
uled meetings of the board during any calendar year for
any cause other than providential, he shall not be entitled
to receive compensation provided for herein for the remain-
der of that calendar year. The members of the board of com-
missioners, other than the chairman, shall also receive the
sum of $40.00 per called meeting up to two called meetings
per month.
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 1985
Regular Session of the General Assembly of Georgia a Bill to
Amend an Act Creating the office of Commissioners of Roads
GEORGIA LAWS 1985 SESSION
4285
and Revenues of Brantley County, approved July 21, 1927, (Ga.
L. 1927, p. 500), as amended, particularly by an act approved
March 26,1980 (Ga. L. 1980, p. 4262), so as to change the compen-
sation of the Chairman of the Board of Commissioners and to
change the compensation of the Board Members; and for other
purposes.
This the 7th day of February, 1985.
Deen Strickland
County Attorney,
Brantley County, Ga.
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 Brantley En-
terprise which is the official organ of Brantley County, on the
following date: February 7, 1985.
/s/ Roger C. Byrd
Representative,
153rd District
Sworn to and subscribed before me,
this 19th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 27, 1985.
4286 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CITY OF ROYSTON NEW CHARTER.
No. 273 (House Bill No. 893).
AN ACT
To create and incorporate the City of Royston in the Counties
of Franklin, Hart, and Madison and grant a new charter to
that municipality under such corporate name and style; to pre-
scribe and define the corporate limits thereof; to provide a mu-
nicipal government for the city and to declare the rights, powers,
privileges, and liabilities of the municipal corporation; to author-
ize the 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 the city; to declare and define the duties
and powers of the officers of the city; to provide for a municipal
court; to provide for elections; to provide for financial and admin-
istrative affairs; to provide for other matters of municipal regu-
lations, concern, and welfare; to provide for related matters;
to repeal specific laws; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
ARTICLE I
CHARTER, INCORPORATION, POWERS
Section 1.10. Incorporation. The city of Royston, Geor-
gia, in the Counties of Franklin, Hart, and Madison, and the
inhabitants thereof shall continue to be a body politic and corpo-
rate under the same name and style of the City of Royston,
Georgia. Under that name, said city shall continue to be vested
with all of the property and rights of property which belong
to the corporation on the effective date of this charter; 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 may renew the same
GEORGIA LAWS 1985 SESSION
4287
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 City of Roystons
corporate limits shall embrace and include all territory within
one mile of a central point in said city, said central point shall
be the intersection of two diagonal lines as follows: From the
northwest corner of the hotel lot of F.B. Cunningham estate;
across Church Street to the nearest adjacent corner of the lot
whereon P.H. Bowers now lives; then from the southeast corner
of the Royston Bank lot across Church Street to the nearest
adjacent corner of the vacant lot belonging to Allen S. Turner
estate. This point is at the intersection of the center line of
Bowers Street and Georgia Highway 17.
Section 1.12. Specific powers. In conformity with and
subject to the requirements of the general laws of this state,
the corporate powers of the government of the City of Royston,
to be exercised by the governing authority, may include the
following:
(1) To levy and to provide for the assessment, valua-
tion, 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 pro-
fessions; to license and regulate such privileges, occupa-
tions, trades, and professions; and to provide for the man-
ner 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 pay-
ment 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;
4288 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(5) To acquire, dispose of, and hold in trust or other-
wise 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,
sewerage disposal, gas works, electric light plants, trans-
portation facilities, public airports, and any other public
utility; to fix the taxes, charges, rates, fees, fares, assess-
ments, 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, stan-
dards, 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, estab-
lish, 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 through-
out the streets and roads and over the bridges and via-
ducts for the use of public utilities;
GEORGIA LAWS 1985 SESSION
4289
(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, con-
servation, 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 con-
demnation under Title 22 of the O.C.G.A. or other appli-
cable 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 main-
tenance 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 li-
cense the construction and erection of buildings and all
other structures;
(15) To adopt ordinances and regulations for the pre-
vention 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 preven-
tion 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 pro-
hibit or regulate by ordinance such other conduct and
activities within the City of Royston 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;
4290 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(16) To regulate or prohibit junk dealers; pawn-
shops; the manufacture, sale, or transportation of intoxi-
cating liquids and liquors; the use and sale of firearms;
the transportation, storage, and use of combustible, ex-
plosive, and inflammable materials; the use of lighting
and heating equipment; and any other business or situa-
tion 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 profes-
sional 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 struc-
tures 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 pre-
scribe 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 ex-
haust 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 be-
come dangerous or detrimental to the public;
GEORGIA LAWS 1985 SESSION
4291
(24) To provide for the collection and disposal of gar-
bage, 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, alumi-
num, 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 the city and benefiting from such ser-
vices; and to provide for the collection of and the enforce-
ment of the payment of such charges, taxes, and fees;
(25) To levy a fee, charge, or tax as necessary to
ensure the acquiring, constructing, equipping, maintain-
ing, and extending of a sewage disposal plant and sewer-
age system; to levy on the users of sewers and the sewer-
age 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, maintain-
ing, 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, con-
duct, 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 abate-
ment whether on public or private property;
(29) To provide for the preservation and protection
of property and equipment of the city and the administra-
tion and use of same by the public and to prescribe penal-
ties and punishment for violations thereof;
4292 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(30) To establish minimum standards for and to reg-
ulate building construction and repair, electrical wiring
and equipment, gas installation and equipment, plumb-
ing, and housing for the health, sanitation, cleanliness,
welfare, and safety of inhabitants of the city and to pro-
vide for the enforcement of such standards;
(31) To provide that persons given jail sentences in
the recorders court shall work out such sentence in any
public works or on the streets, roads, drains, and squares
in the city or to provide for commitment of such persons
to any county correctional institution or jail by agree-
ment 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 pro-
vided by ordinance; and to provide punishment for viola-
tion of ordinances enacted under this paragraph;
(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 improve-
ments;
(37) To enter into contracts and agreements with
other government entities and with private persons,
firms, and corporations providing for services to be fur-
nished and payments to be made therefor;
GEORGIA LAWS 1985 SESSION
4293
(38) To create, alter, or abolish departments, boards,
offices, commissions, and agencies of the city and to con-
fer 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, or-
dinances, rules, and regulations as shall appear neces-
sary for the security, welfare, convenience, and interest
of the city and the inhabitants thereof and for preserving
the health, peace, order, and good government of the
city;
(40) To provide penalties for violations of any ordi-
nance 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 inside
or outside the city and to make and carry out all reasona-
ble 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, func-
tions, rights, privileges, and immunities necessary or de-
sirable 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 pow-
ers granted in this charter as fully and completely as
if such powers were fully enumerated herein; and to exer-
cise 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 particu-
lar 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.
4294 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 1.13. General powers. In addition to all other
powers granted in this charter, 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 Consti-
tution and laws of the State of Georgia as fully and completely
as though such powers were specifically enumerated herein and
any and all powers which the city was heretofore authorized
to exercise upon the effective date of this charter.
Section 1.14. Construction. The powers of the city shall
be construed liberally and in favor of the city. The specific men-
tion 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 of this
charter to grant the City of Royston 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, agen-
cies, or employees 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 Royston, except as otherwise specifically provided in this
charter, shall be vested in a city council to be composed of a
mayor and six council members. The mayor and council mem-
bers 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 dur-
ing his period of service, shall be registered and qualified to
vote in municipal elections of the City of Royston, and shall
GEORGIA LAWS 1985 SESSION
4295
have attained the age of 21 years at the beginning of the term.
Section 2.12. Vacancy; forfeiture of office; filling of va-
cancies. (a) The office of mayor or council member shall be-
come vacant upon the incumbents death, resignation, forfeiture
of office, or removal from office in any manner authorized by
this charter of the laws of the State of Georgia.
(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;
(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 in Article V of this charter.
Section 2.13. Compensation and expenses. The mayor
and council members shall receive compensation for their ser-
vices 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
4296 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
city and the conduct of any department, office, or agency thereof
and for this purpose may subpoena witnesses, administer oaths,
take testimony, and require the production of evidence. Any
person who fails or refuses to obey a lawful order issued in
the exercise of these powers by the council shall be punished
as provided by ordinance.
Section 2.16. General power and authority of the coun-
cil. (a) Except as otherwise provided by law or by this charter,
the council shall be vested with all the powers of government
of the City of Royston as provided by Article I of this charter.
(b) Special meetings of the council may be held on the call
of the mayor or three members of the council. Notice of such
special meetings shall be served on all other members person-
ally, 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 except those
which are prescribed as closed meetings under Georgia law.
Section 2.17. 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 2.18. 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 major-
ity of the votes cast shall determine questions before them.
Section 2.19. Ordinance forms; procedure, (a) Every
proposed ordinance shall be introduced in writing and in the
GEORGIA LAWS 1985 SESSION
4297
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 Royston 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 2.21 of this charter. Upon introduction of any ordi-
nance, the clerk shall, as soon as reasonable, distribute a copy
to the mayor and to each council member and shall file a reason-
able number of copies in the office of the clerk and at such
other public places as the council may designate.
Section 2.20. 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.
Section 2.21. 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 fran-
chise, 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 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 speci-
fied in this section if the emergency still exists. An emergency
ordinance may also be repealed by adoption of a repealing ordi-
4298 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
nance in the same manner specified in this section for adoption
of emergency ordinances.
Section 2.22. 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 2.23. Codification of ordinances. All ordi-
nances 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 Royston, 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 2.24. 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 adminis-
tered 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 Royston 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 mem-
bers to serve as mayor pro tempore for a two-year term of office.
Section 2.25. Submission of ordinances to the mayor,
(a) Every ordinance adopted by the council shall be presented
promptly by the clerk to the mayor.
(b) The mayor, within ten calendar days of receipt of an
ordinance, shall return it to the clerk with or without his ap-
proval or with his disapproval. If the ordinance has been ap-
proved 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
GEORGIA LAWS 1985 SESSION
4299
after its adoption; if the ordinance is disapproved, the mayor
shall submit to the council through the clerk a written statement
of the reasons for his veto. The clerk shall record upon the
ordinance the date of its delivery to and receipt from the mayor.
(c) Ordinances vetoed by the mayor shall be presented by
the clerk to the council at its next regular meeting and should
the council then or at its next regular meeting adopt the ordi-
nance by an affirmative vote of three members it shall become
law.
(d) The mayor may disapprove or reduce any item or items
of appropriation in any ordinance. The disapproved part or parts
of any ordinance making appropriations shall not become law
unless subsequently passed by the city council over the mayors
veto as provided in this section.
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.
(b) The council shall cause each ordinance and each amend-
ment in this charter to be printed promptly following its adop-
tion. Following publication of the first Code of the City of Roy-
ston and at all times thereafter, the ordinances and charter
amendments shall be printed in substantially the same style
as the code in effect on the effective date of this charter 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 addition to codes of technical regulations and other rules
and regulations in the code.
Section 2.27. Chief executive officer. The mayor shall
be the chief executive of the City of Royston. He shall possess,
have, and exercise all of the executive and administrative pow-
ers 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
4300 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
and qualified. He shall be a qualified elector of the City of Roy-
ston, shall have attained the age of 21 years before the beginning
of his term, and shall have been a resident of the City of Royston
for a period of one year immediately preceding his election.
He shall continue to reside in the City of Royston during the
period of his service.
Section 2.29. Duties of mayor. As the chief executive
officer of the City of Royston 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 affi-
davits;
(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 re-
quired to be in writing;
(5) See that all laws and ordinances of the city are
faithfully executed;
(6) Exercise supervision over all executive and ad-
ministrative work of the city and provide for the coordi-
nation of administrative activities;
(7) Recommend to the council such measures rela-
tive to the affairs of the city, improvement of the govern-
ment, 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 2.16 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;
GEORGIA LAWS 1985 SESSION
4301
(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 em-
ployee or officers capability shall be decided by the coun-
cil;
(12) Prepare and submit to the city council a recom-
mended annual operating budget and recommended capi-
tal 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 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 de-
partments, 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
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 ordi-
nance. Each department shall consist of such offices, employees,
and positions as may be provided by this charter or by ordinance
4302 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
and shall be subject to the general supervision and guidance
of the council.
(c) Except as otherwise provided by this charter, the direc-
tors 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 man-
ner 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, com-
missions, and authorities to fulfill any investigative, quasi-judi-
cial, quasi-legislative function the city council deems necessary
and shall by ordinance establish the composition, period of exis-
tence, duties, and powers thereof.
(b) All members of boards, commissions, and authorities
shall be appointed by the council for such terms of office and
such manner of appointment as provided by ordinance except
where other appointing authority, terms of office, or manner
of appointment is prescribed by this charter or by applicable
state law.
(c) Any vacancy in office of any member of a board, commis-
sion, 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.
GEORGIA LAWS 1985 SESSION
4303
(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, com-
missions, or authorities shall be as prescribed by the council.
(h) Except as otherwise provided by this charter or by appli-
cable 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 inconsis-
tent 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 adminis-
trative 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 pay-
ment of such attorney or attorneys for services rendered to the
city. The city attorney shall be responsible for representing and
defending the city in all litigation in which the city is a party;
may be the prosecuting officer in the recorders court; shall at-
tend the meetings of the council as directed; shall advise the
council, mayor, and other officers and employees of the city
concerning legal aspects of the citys affairs; and shall perform
such other duties as may be required of him by virtue of his
position as city attorney.
Section 3.14. City clerk. The council may appoint a city
clerk to keep a journal of the proceedings of the city council,
to maintain in a safe place all records and documents pertaining
4304 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 ap-
point 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 Royston 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 amend-
ment of said pay plan.
Section 3.19. Personnel policies. The council shall
adopt rules and regulations consistent with this charter concern-
ing:
(1) The method of employee selection and probation-
ary periods of employment;
(2) The administration of the position classification
and pay plans, methods of promotion and application
of service ratings thereto, and transfer of employees
within the classification plan;
(3) Hours of work, vacation, sick leave, and other
leaves of absence, overtime pay, and the order and man-
ner in which layoff shall be affected; and
GEORGIA LAWS 1985 SESSION
4305
(4) Such other personnel policies as may be neces-
sary to provide for adequate and systematic handling
of the personnel affairs of the City of Royston.
ARTICLE IV
MUNICIPAL COURT
Section 4.10. Municipal court; creation. There is estab-
lished a court to be known as the Municipal Court of the City
of Royston 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 also to punish any person who may coun-
sel, 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 constitu-
ting 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 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. Nei-
ther the mayor nor any council member shall serve as judge.
(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.
4306 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 persons for crimes against the City
of Royston 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 punish-
ment 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, square, or other public works for a period not exceed-
ing 60 days.
(b) The municipal court shall have authority to establish
a schedule of fees to defray the cost of operation and shall be
entitled to reimbursement of the cost of meals, transportation,
and caretaking of prisoners bound over to superior courts for
violation of state law.
(c) The municipal court shall have authority to establish
bail and recognizances to ensure the presence of those charged
with violations before said court and shall have discretionary
authority to accept cash or personal or real property as surety
for the appearance of persons charged with violations. Whenever
any person shall give bail for his appearance and shall fail to
appear at the time fixed for trial, his bond shall be forfeited
by the judge presiding at such time and execution issued thereon
by serving the defendant and his sureties with a rule nisi at
least two days before a hearing on the rule nisi. In the event
that cash or property is accepted in lieu of bond for security
for the appearance of a defendant at trial and if such defendant
fails to appear at the time and place fixed for trial, the cash
so deposited shall be, on order of the judge, declared forfeited
to the City of Royston 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
GEORGIA LAWS 1985 SESSION
4307
prisoners over to the appropriate court when it appears by prob-
able cause that a state law has been violated.
(e) The municipal court shall have the authority to admin-
ister 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 is-
suance of summons, subpoenas, and warrants, which may be
served as executed by any officer as authorized by this charter
or by state law.
(g) The municipal court is specifically vested with all of
the jurisdiction and powers throughout the entire area of the
City of Royston granted by state laws generally to mayors, re-
corders, and police courts and particularly by such laws as au-
thorize 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
Courts of Franklin, Hart, or Madison County, dependent on
where the offense was tried or committed, from the municipal
court shall lie in the same manner and under the same proce-
dure 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.
4308 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ARTICLE V
ELECTIONS
Section 5.10. Regular election; time for holding. An
election shall be conducted annually in the City of Royston,
at such place or places as may be designated by the mayor
and council, on the first Wednesday in December. The first elec-
tion to elect city officials which is to be held in said city after
approval of this Act shall be on the first Wednesday in Decem-
ber, 1985, at which election three council members shall be
selected to serve two-year terms to succeed Jerry Gaines, whose
term expires January, 1986; Ray L. Phillips, whose term expires
January, 1986; and Jeffrey Frazier, whose term expires January,
1986. Biennially, on the first Wednesday in December, after
said election on the first Wednesday in December, 1985, a mayor
and three councilmen shall be elected. This election is to fill
the seats decided in the regular city election on the first Wednes-
day in December, 1984.
Section 5.11. Qualifying; voting procedures. The
council may, by ordinance, prescribe rules and regulations gov-
erning qualifying fees, nomination of candidates, absentee bal-
lots, 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 Royston.
Section 5.12. Applicability of general laws. The proce-
dures and requirements for election of all elected officials for
the City of Royston 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.
Section 5.13. Special elections; vacancies. In the event
that the office of mayor or council member shall become vacant
for any cause whatsoever, the council or those remaining shall
order a special election to fill the balance of the unexpired term
of such office; provided, however, that, if such vacancy occurs
within six months of the expiration of the term of office, said
vacancy in office shall be filled by appointment by the remaining
members of the council. Both special elections and qualifications
of candidates therefor shall conform to the applicable provisions
of this charter and of Chapter 3 of Title 21 of the O.C.G.A.,
the "Georgia Municipal Election Code.
GEORGIA LAWS 1985 SESSION
4309
Section 5.14. Election of mayor and council members
by plurality. The candidates for council posts receiving the
most votes or a plurality of the votes cast for a respective post
shall be declared as council member for the particular post for
which they qualified. The candidate receiving a plurality of the
votes cast for the office of mayor shall be declared elected as
mayor.
Section 5.15. Grounds for removal of elected offi-
cers. 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 of-
fice;
(2) Conviction of a crime involving moral turpitude;
(3) Failure at any time to possess any of the qualifi-
cations 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 mem-
bership 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
provided in this section shall have the right of appeal
from the decision of the council to the Superior Court
4310 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
of Franklin County. Such appeal shall be governed by
the same rules as govern appeals to the superior court
from the probate court; or
(2) By appropriate petition filed with the Superior
Court of Franklin County as provided by law.
ARTICLE VI
FINANCE
Section 6.10. Property taxes. All property subject to taxa-
tion 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 Royston. 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 pur-
pose 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, specific, or occupation taxes upon the residents
of Royston, 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, bene-
fit, convenience, or advantage of the city; to classify businesses,
occupations, professions, or callings for the purpose of such taxa-
GEORGIA LAWS 1985 SESSION
4311
tion in any lawful way; to compel the payment of such licenses
by execution or any other lawful manner; to make laws and
regulations necessary or proper to carry out the powers herein
conferred; and to prescribe penalties for the violation thereof.
The council shall have full power and authority to levy any
excise tax not prohibited by general law.
Section 6.14. Sewer service charge. The council may
provide by ordinance for the assessment and collection of fees,
charges, and tolls for sewer services rendered both inside and
outside 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 opera-
tion 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 classifications 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
4312 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
shall exist against the abutting property superior to all other
liens except that it shall be of equal dignity with liens for county
and city property taxes. Said lien shall be enforceable in the
same manner and under the same remedies as a lien for city
property taxes.
Section 6.17. Collection of delinquent taxes. The coun-
cil 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 pro-
vided 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 im-
posed 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 pur-
suant to such tax fi. fa., whether assigned, transferred, or exe-
cuted 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 prop-
erty 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. 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.
GEORGIA LAWS 1985 SESSION
4313
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 is-
suances by municipalities in effect at the time said issue is under-
taken.
Section 6.21. Revenue bonds. Revenue bonds may be
issued by the council as provided by an Act of the General As-
sembly, 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, de-
partment, institution, agency, and activity of the city govern-
ment, 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
then 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 im-
provements proposed for the ensuing fiscal year. The council
4314 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 im-
provements budget except to meet a public emergency threaten-
ing the lives, health, or property of the inhabitants and when
passed by a two-thirds vote of the membership of the council.
(b) The council shall adopt the final capital improvements
budget for the ensuing fiscal year not later than the first Monday
in July of each year. No appropriation provided for in the capital
improvements budget shall lapse until the purpose for which
the appropriation was made shall have been accomplished or
abandoned; provided, however, the mayor may submit amend-
ments 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 central-
ized purchasing for the City of Royston.
(b) The council may sell and convey any real or personal
property owned or held by the City of Royston 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 finding both that the prop-
erty 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
GEORGIA LAWS 1985 SESSION
4315
larger tract or boundary of land owned by the city, the council
may authorize the mayor to execute and deliver in the name
of the city a deed conveying said cut-off or separated parcel or
tract of land to an abutting or adjoining property owner or
owners in exchange for rights of way of said street, avenue,
alley, or public place or in settlement of any alleged damages
sustained by said abutting or adjoining property owner. All
deeds and conveyances heretofore and hereafter so executed
and delivered shall convey all title and interest the city has
in such property, notwithstanding the fact that no public sale
after advertisement was or is hereafter made.
ARTICLE VII
GENERAL PROVISIONS
Section 7.10. Official bonds. The officers and employees
either elected or appointed of the City of Royston 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. Or-
dinances and regulations of the City of Royston existing on the
effective date of this charter not inconsistent with the provisions
of this charter shall continue in effect until they have been
repealed, modified, or amended by the council. Rules and regula-
tions of departments or agencies of the City of Royston existing
on the effective date of this charter 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 otherwise spe-
cifically provided by this charter, all rights, claims, actions, or-
ders, contracts, and legal or administrative proceedings initiated
under the former charter of the City of Royston 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 of the charter.
(b) The word "shall is intended to be mandatory and the
word "may is not.
4316 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(c) The singular shall include the plural and the masculine
the feminine and vice versa.
Section 7.14. Penalties. The violation of any provision
of this charter for which a penalty is not specifically provided
is declared to 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 and qualified as provided in this charter. Such successors
shall be elected in the municipal general election which is con-
ducted immediately prior to the expiration of the respective
term of office.
Section 7.16. Specific repealer. An Act reincorporating
the City of Royston in the Counties of Franklin, Hart, and Madi-
son, approved August 24,1905 (Ga. L. 1905, p. 1119), is repealed
in its entirety and all amendatory Acts thereto are likewise
repealed in their entirety.
Section 7.17. 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
1985 session of the General Assembly of Georgia, a bill to rein-
corporate the City of Royston in the counties of Franklin, Hart
and Madison and to grant a new charter to that municipality
under such corporate name and style; to provide for a form of
municipal government and for all matters related thereto; and
for all the purposes.
This 23rd day of January, 1985.
Mayor John S. Beard
City of Royston
GEORGIA LAWS 1985 SESSION
4317
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Louie Max Clark, who,
on oath, deposes and says that he is Representative from the
13th District, and that the attached copy of Notice of Intention
to Introduce Local Legislation was published in the Franklin
County Citizen which is the official organ of Franklin County,
on the following date: January 31, 1985.
/s/ Louie Max Clark
Representative,
13th District
Sworn to and subscribed before me,
this 19th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 27, 1985.
CITY OF SYLVESTER MAYOR AND COUNCIL;
ELECTIONS.
No. 274 (House Bill No. 896).
AN ACT
To amend an Act providing a new charter for the City of
Sylvester, approved June 30, 1964 (Ga. L. 1964, Ex. Sess., p.
2116), as amended by an Act approved February 23, 1965 (Ga.
L. 1965, p. 2065) and an Act approved April 17, 1973 (Ga. L.
1973, p. 3352), so as to provide for the election of the mayor
and members of the council; to provide for election wards; to
provide that members of the council shall be elected from elec-
tion wards; to provide for the current mayor and members of
4318 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
the council; to provide for terms of office; to provide the date
of municipal elections; to provide for election procedures; to
provide for special elections; 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 providing a new charter for the City
of Sylvester, approved June 30, 1964 (Ga. L. 1964, Ex. Sess.,
p. 2116), as amended by an Act approved February 23, 1965
(Ga. L. 1965, p. 2065) and an Act approved April 17, 1973 (Ga.
L. 1973, p. 3352), is amended by striking Section 1-3 and insert-
ing in lieu thereof a new Section 1-3 to read as follows:
"Sec. 1-3. Municipal government of city designated. The
municipal government of said city shall consist of a mayor
and four members of council and such other officers, ser-
vants, and agents in addition to those enumerated in the
charter as said mayor and council may from time to time
lawfully employ or elect.
Section 2. Said Act is further amended by striking Section
2-4, Section 2-5, and Section 2-5a and inserting in lieu thereof
a new Section 2-4 and a new Section 2-5 to read as follows:
"Sec. 2-4. (a) For the purpose of electing councilmen,
the City of Sylvester shall be divided into four election wards
consisting of the following territory within the City of Sylves-
ter:
Election Ward 1
That portion of the City of Sylvester west of Isabella
Street (Camilla Highway) and south of Pope Street and
Atlantic Street (the western extension of Pope Street).
Election Ward 2
That portion of the City of Sylvester west of Isabella
Street (Camilla Highway) and north of Pope Street and
Atlantic Street (the western extension of Pope Street).
GEORGIA LAWS 1985 SESSION
4319
Election Ward 3
That portion of the City of Sylvester east of Isabella
Street (Camilla Highway) and north of Franklin Street
(U.S. Highway No. 82).
Election Ward 4
That portion of the City of Sylvester east of Isabella
Street (Camilla Highway) and south of Franklin Street
(U.S. Highway No. 82).
(b) For the purposes of this section:
(1) Whenever the description of any election ward
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.
(2) Any part of the City of Sylvester which is not
included in this section or any territory annexed into
the city shall be included within that election ward con-
tiguous to such part or territory which contains the least
population according to the United States decennial cen-
sus of 1980 for the State of Georgia.
(c) Candidates for the office of mayor shall, at the time
of nomination and election, reside within the city. Each can-
didate for the office of councilman shall, at the time of nomi-
nation and election, reside within the election ward he seeks
to represent. A member of the council shall not be disquali-
fied from completing the term of office to which he was
elected by reason of his moving his personal residence from
one election ward to another. If the mayor or a member of
the council moves his personal residence to a location outside
the corporate limits of the city he shall be disqualified for
further service as such, and a vacancy in such office shall
immediately occur.
Sec. 2-5. (a) A general election for the City of Sylvester
shall be held on the first Tuesday following the first Monday
in November in each odd-numbered year. The mayor and
4320 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
members of the council elected at a general election shall
take office on January 1 of the year following their election
and shall serve for terms of office of four years and until
their successors are elected and qualified. The mayor shall
be nominated and elected by the electors residing in the
city at large. Each member of the council shall be nominated
and elected by the electors residing within his respective
election ward. A majority of the votes cast in any primary
or election shall be required for nomination or election to
the office of mayor or councilman.
(b) The mayor and councilmen in office on January 10,
1986, shall continue to serve out the remainder of the terms
to which they were elected. At the general election in 1987
and every four years thereafter, a councilman shall be
elected from Election Ward 1, and a councilman shall be
elected from Election Ward 2. At the general election in
1989 and every four years thereafter, the mayor shall be
elected, a councilman shall be elected from Election Ward
3, and a councilman shall be elected from Election Ward
4.
Section 3. Said Act is further amended by striking in its
entirety Article V., relating to elections, and inserting in its
place a new Article V. to read as follows:
"ARTICLE V. ELECTIONS
Sec. 5-1. The city shall maintain its own voter registra-
tion lists.
Sec. 5-2. The mayor and council, or so many of them
as are not disqualified by being a candidate for election shall,
in their first meeting after their election, receive the election
return from the municipal election superintendent and de-
clare the result of the election in accordance with the certifi-
cate of the superintendent.
Sec. 5-3. All provisions and procedures relating to elec-
tions in the city, not otherwise specified by local law, shall
be governed by Chapter 3 of Title 21 of the O.C.G.A., the
'Georgia Municipal Election Code.
GEORGIA LAWS 1985 SESSION
4321
Section 4. The two members of the council who are in
office on the effective date of this section whose terms expired
in 1984 but who are continuing to hold office shall continue
to hold office until July 1, 1985, and until their successors are
elected at the special election provided for in this section and
qualified. On the second Tuesday in June, 1985, there shall be
a special election to elect members of the council to represent
Election Ward 1 and Election Ward 2 as such election wards
are described in Section 2 of this Act. Each candidate shall
reside in the election ward he seeks to represent and shall be
elected by a majority of the electors voting in such special elec-
tion who reside in each respective election ward. Members of
the council elected at this special election shall take office on
July 1, 1985, and shall serve until December 31, 1987, and until
their successors are elected and qualified. The special election
provided for in this section shall be governed by Chapter 3 of
Title 21 of the O.C.G.A., the "Georgia Municipal Election Code.
Section 5. The mayor and two members of the council who
are in office on the effective date of this section whose terms
expire December 31, 1986, shall continue to serve only until
December 31, 1985, and until their successors are elected at
the special election provided for in this section and qualified.
On the Tuesday following the first Monday in November, 1985,
there shall be a special election to elect the mayor and members
of the council to represent Election Ward 3 and Election Ward
4 as such wards are described in Section 2 of this Act. Candidates
for mayor shall reside in the city and each candidate for mem-
bership on the council shall reside in the election ward he seeks
to represent. The mayor shall be elected by a majority of the
electors voting in such special election who reside in the city
at large. Each member of the council shall be elected by a major-
ity of the electors voting in such special election who reside
in each respective election ward. The mayor and members of
the council elected at this special election shall take office on
January 1, 1986, and shall serve until December 31, 1989, and
until their successors are elected and qualified. The special elec-
tion provided for in this section shall be governed by Chapter
3 of Title 21 of the O.C.G.A., the "Georgia Municipal Election
Code.
Section 6. (a) Except as provided in subsection (b) of this
section, this Act shall become effective January 1, 1986.
4322 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(b) Section 3, Section 4, and Section 5 of this Act shall
become effective upon its approval by the Governor or upon
its becoming law without his approval.
Section 7. All laws and parts of laws in conflict with this
Act are repealed.
Notice of Intent to Introduce Local Legislation.
Notice is hereby given that Legislation to completely revise
the method of electing Mayor and Council and other election
procedures in the City of Sylvester, Georgia, will be introduced
in the regular session of the General Assembly of Georgia con-
vening in January, 1985.
Oren H. (Buddy) Harden
Mayor,
City of Sylvester
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 follow-
ing date: December 27, 1984.
/s/ Earleen Sizemore
Representative,
136th District
Sworn to and subscribed before me,
this 19th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 27, 1985.
GEORGIA LAWS 1985 SESSION
4323
CITY OF CAIRO MUNICIPAL COURT; NAME; FINES;
CITY OFFICIALS.
No. 275 (House Bill No. 905).
AN ACT
To amend an Act incorporating the City of Cairo, approved
August 6,1906 (Ga. L. 1906, p. 573), as amended, so as to change
the name of the recorders court to the municipal court; to
change the title of the recorder to municipal court judge; to
increase the maximum fine; to provide an oath and a time and
procedure for the swearing-in of elected city officials; 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 Cairo, ap-
proved August 6, 1906 (Ga. L. 1906, p. 573), as amended, is
amended by striking Section 11 in its entirety and inserting
in lieu thereof a new Section 11 to read as follows:
"Section 11. Be it further enacted by the authority
aforesaid, that the mayor and councilmen shall set a specific
time prior to the date any officers-elect shall take office and
enter upon the duties of their respective offices for the admin-
istration of the oath of office by the city clerk or, in the
clerks absence, by another person designated by the mayor
and councilmen. The following oath shall be subscribed to
and publicly taken:
'I do solemnly swear that I will faithfully perform
the duties of (mayor or councilman, as the case may be)
of the City of Cairo 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 Amer-
ica.
Section 2. Said Act is further amended by striking from
Section 22 the word "Recorder and inserting in lieu thereof
the words "municipal court judge.
4324 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 3. Said Act is further amended by striking the
word "Recorders from the last sentence of Section 45 and in-
serting in lieu thereof "municipal.
Section 4. Said Act is further amended by striking the
words "Recorders Court from Section 46 and inserting in lieu
thereof "municipal court.
Section 5. Said Act is further amended by striking the
word "Recorder from Section 47 each time said word appears
and inserting in lieu thereof each time it appears the words
"municipal court judge.
Section 6. Said Act is further amended by striking from
Section 49.1 of Article III the words "Recorders Court and
the word "Recorder wherever the same appear and the context
implies and inserting in lieu thereof the words "municipal
court and "municipal court judge, respectively, wherever the
same appear and the context implies.
Section 7. Said Act is further amended by striking Section
49.2 in its entirety and inserting in lieu thereof a new Section
49.2 to read as follows:
"Section 49.2. Municipal Court Judge. (1) No person
shall be qualified or eligible to serve as municipal court judge
unless he shall have attained the age of 21 years, shall not
have been convicted of a crime involving moral turpitude,
and shall be qualified to vote in Grady County. The compen-
sation of the municipal court judge shall be fixed by the
mayor and councilmen.
(2) The municipal court judge may appoint a judge pro
hac vice to serve in the absence of the municipal court judge.
Said judge pro hac vice shall have the same qualifications
as the municipal court judge and shall be known as associate
judge of said court.
(3) Before entering on the duties of his office, the munic-
ipal court judge shall take the following oath administered
by the city clerk or, in the absence of the clerk, by another
person designated by the mayor and councilmen. The follow-
ing oath shall be subscribed to and publicly taken, as follows:
GEORGIA LAWS 1985 SESSION
4325
'I will truly, honestly, and faithfully discharge the duties
of the office of municipal court judge to the best of my ability
without fear, favor, or partiality. I will support and defend
the charter of the City of Cairo as well as the Constitution
and laws of the State of Georgia and of the United States
of America.
Section 8. Said Act is further amended by striking Section
49.3 in its entirety and inserting in lieu thereof a new Section
49.3 to read as follows:
"Section 49.3. Jurisdiction. The municipal court judge
shall have power to impose fines, costs, and forfeitures for
the violation of any law or ordinance of the City of Cairo.
Said municipal court is empowered to punish violators of
the rules, regulations, and ordinances of the city by a fine
not exceeding $1,000.00 and imprisonment not to exceed 60
days or any combination of the two. Said fines may be col-
lected by execution issued against all property of the defen-
dant, both real and personal, if any is to be found. Said
municipal court judge shall have the authority to punish
for contempt by imposing a fine of $50.00 or imprisonment
not exceeding 30 days or any combination of the two. He
shall be to all intents and purposes a magistrate, so far as
to enable him to issue warrants for offenses committed
within the limits of the City of Cairo and to commit the
offenders to jail or admit them to bail in bailable cases for
their appearance at the next term of a court of competent
jurisdiction to be held in said city. The municipal court shall
also have concurrent jurisdiction with that of a magistrate
over offenses against the criminal laws of the state commit-
ted within the corporate limits. Except as may be otherwise
specified herein, the court is specifically invested with all
jurisdiction and powers throughout the entire area within
the corporate limits granted by state laws generally to may-
ors, municipal, recorders, and police courts and, particu-
larly, such laws as authorize the abatement of nuisances.
Said municipal court judge is authorized to administer
oaths.
Section 9. Said Act is further amended by striking from
Section 49.4 the word "Recorders and inserting in lieu thereof
the word "municipal.
4326 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 10. Said Act is further amended by striking from
Section 49.5 the words "Recorders Court and the word "Re-
corder wherever the same appear and inserting in lieu thereof
the words "municipal court and the words "municipal court
judge, respectively.
Section 11. Said Act is further amended by striking from
Section 49.6 the word "Recorder wherever the same appears
and inserting in lieu thereof the words "municipal court judge.
Section 12. This Act shall become effective on July 1,1985.
Section 13. 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 1985 Session of the General Assem-
bly of Georgia a bill to amend the Charter of the City of Cairo
approved August 6, 1906, as amended, so as to change the name
of Recorders Court to "Municipal Court, City of Cairo; to in-
crease the maximum fines of said court from $600.00 to
$1,000.00; to provide for a fixed time for the "Swearing-In of
elected city officials and establish and prescribe a "Swearing-
In procedure, and for other purposes.
Bobby Long
Representative,
142nd District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Bobby Long, who, on oath,
deposes and says that he is Representative from the 142nd Dis-
trict, and that the attached copy of Notice of Intention to Intro-
duce Local Legislation was published in the Cairo Messenger
which is the official organ of Grady County, on the following
date: February 15, 1985.
/s/ Bobby Long
Representative,
142nd District
GEORGIA LAWS 1985 SESSION
4327
Sworn to and subscribed before me,
this 20th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 27, 1985.
FULTON COUNTY COUNTY-WIDE LIBRARY SYSTEM.
No. 276 (House Bill No. 915).
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, particularly by an Act ap-
proved March 18, 1983 (Ga. L. 1983, p. 4228), so as to change
the provisions relating to the special district for library services
within that portion of the City of Atlanta lying within DeKalb
County; to change the provisions relating to the ad valorem
tax within such special district; to provide that any funds
available to the county-wide system may be used to provide
library services within that portion of the City of Atlanta ly-
ing within DeKalb County; to provide for other matters rela-
tive 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 for the establishment of a
county-wide library system in Fulton County, approved April
12, 1982 (Ga. L. 1982, p. 4174), as amended, particularly by
4328 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
an Act approved March 18, 1983 (Ga. L. 1983, p. 4228), is
amended by striking subsection (h) of Section 1 in its entirety
and substituting in lieu thereof a new subsection (h) to read
as follows:
"(h) Notwithstanding any other provisions of this Act,
pursuant to a contract with either Fulton County or DeKalb
County for the provision of public library services and facili-
ties within that portion of the City of Atlanta lying within
DeKalb County, the City of Atlanta may create within that
portion of the City of Atlanta lying within DeKalb County
a special district for the provision of library services and
levy and collect within such special district fees, assessments,
and taxes to pay any portion of the cost of such services.
In addition to funds derived from fees, assessments, and
taxes within such special district, the board of trustees of
the county-wide library system may use any funds available
to such board to provide library services within that portion
of the City of Atlanta lying within DeKalb County. The levy
of an ad valorem tax by the city within the special district
authorized by this subsection shall not constitute a violation
of the contract provided for in subsection (g) of 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
1985 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.
John Tye Ferguson
Associate County
Attorney
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Paul Bolster, who, on oath,
deposes and says that he is Representative from the 30th Dis-
GEORGIA LAWS 1985 SESSION
4329
trict, and that the attached copy of Notice of Intention to Intro-
duce Local Legislation was published in the Fulton County Daily
Report which is the official organ of Fulton County, on the follow-
ing date: February 7, 1985.
/s/ Paul Bolster
Representative,
30th District
Sworn to and subscribed before me,
this 20th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 27, 1985.
HOUSTON COUNTY BOARD OF EDUCATION; GRANTS
FOR HANDICAPPED CITIZENS; LOCAL CONSTITUTIONAL
AMENDMENT CONTINUED.
No. 277 (House Bill No. 928).
AN ACT
To continue in force and effect as a part of the Constitution
of the State of Georgia that constitutional amendment No. 64
(Res. Act 155, H.R. 665-1960, Ga. L. 1974, p. 1728), duly ratified
at the 1974 general election, which amendment authorized the
Board of Education of Houston County to make grants for the
purpose of educating or training certain handicapped citizens
4330 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
of Houston County; to provide the authority for this Act; to
repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. That constitutional amendment No. 64 (Res.
Act 155, H.R. 665-1960, Ga. L. 1974, p. 1728), duly ratified at
the 1974 general election, which amendment authorized the
Board of Education of Houston County to make grants for the
purpose of educating or training certain handicapped citizens
of Houston County, shall not be repealed or deleted on July 1,
1987, as a part of the Constitution of the State of Georgia but
is specifically continued in force and effect on and after that
date as a part of the Constitution of the State of Georgia.
Section 2. This Act is passed pursuant to Article XI, Sec-
tion I, Paragraph IV of the Constitution of the State of Georgia
which authorizes the continuation of certain amendments to
the 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 regular
1985 session of the General Assembly of Georgia a bill to con-
tinue in force and effect as a part of the Constitution that consti-
tutional amendment Ga. L. 1974, p. 1728, which amendment
authorized the Board of Education of Houston County to make
grants for the purposes of educating or training certain handi-
capped citizens of Houston County; and for other purposes.
This 31st day of January, 1985.
Honorable Roy H.
Watson, Jr.
Representative,
114th District
GEORGIA LAWS 1985 SESSION
4331
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Roy H. Watson, Jr., who,
on oath, deposes and says that he is Representative from the
114th 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: February 14, 1985.
/s/ Roy H. Watson, Jr.
Representative,
114th District
Sworn to and subscribed before me,
this 20th day of February, 1985.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 11, 1988.
(Seal).
Approved March 27, 1985.
LINCOLN COUNTY BOARD OF COMMISSIONERS;
CHAIRMANS COMPENSATION.
No. 278 (House Bill No. 933).
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 April 12,
1982 (Ga. L. 1982, p. 4092), so as to change the compensation
of the chairman of the board of commissioners of Lincoln
4332 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
County; to provide an effective date; to repeal conflicting laws;
and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act creating the board of commissioners
of Lincoln County, approved February 25, 1949 (Ga. L. 1949,
p. 1228), as amended, particularly by an Act approved April
12, 1982 (Ga. L. 1982, p. 4092), is amended by striking Section
3 in its entirety and inserting in lieu thereof a new Section 3
to read as follows:
"Section 3. The chairman of the board shall receive an
annual salary equal to the annual salary authorized to be
paid to the sheriff of Lincoln County. For purposes of this
computation, the annual salary for the sheriff shall mean
the salary authorized to be paid to the sheriff of Lincoln
County pursuant to subsection (a) of Code Section 15-16-20
of the O.C.G.A., as now or hereafter amended, and subsection
(a) of Code Section 15-16-20.1 of the O.C.G.A., as now or
hereafter amended. Said salary shall be paid in equal
monthly payments from the funds of Lincoln County. Said
chairman shall, during his term of office, devote his full
time to the said position.
Section 2. This Act shall become effective on the first day
of the month following the month in which it is approved by
the Governor or in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Notice of Intention to Introduce Local Legislation.
Pursuant to recommendations of the grand jury of Lincoln
County, notice is given that there will be introduced at the
regular 1985 session of the General Assembly of Georgia a bill
to amend an Act creating the Board of Commissioners of Lincoln
County, approved February 25, 1949 (Ga. L. 1949, p. 1228), as
amended, so as to change the compensation of the chairman
of the board of commissioners; and for other purposes.
This 8th day of February, 1985.
GEORGIA LAWS 1985 SESSION
4333
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 14, 1985.
/s/ Ben Barron Ross
Representative,
82nd District
Sworn to and subscribed before me,
this 21st day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 27, 1985.
4334 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
STATE COURT OF COBB COUNTY CLERKS BOND.
No. 279 (House Bill No. 941).
AN ACT
To amend an Act creating the State Court of Cobb County,
approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended,
so as to change the amount of the bond which the clerk of the
state court shall post; to provide 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,
is amended by striking the sentence in subsection (a) of Section
17 which reads as follows:
"Said clerk shall give bond to be approved by the judge
and payable to the governing authority of Cobb County in
the sum of $25,000.00 for the faithful performance of his
duties as clerk, the cost thereof to be paid for as other ex-
penses of said court.,
and inserting in lieu thereof a new sentence to read as follows:
"Said clerk shall give bond to be approved by the judge
and payable to the governing authority of Cobb County in
the sum of $100,000.00 for the faithful performance of his
duties as clerk, the cost thereof to be paid for as other ex-
penses of said court.
Section 2. This Act shall become effective 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 1985 Session of the General Assembly of Georgia, a
GEORGIA LAWS 1985 SESSION
4335
bill to amend an act creating the State Court of Cobb County,
formerly the Civil and Criminal Court of Cobb County, approved
March 28, 1965 (Ga. L. 1964, p. 3211) and for other purposes.
This 4th day of January, 1985.
Roy E. Barnes
Haskew Brantley
Jim Tollison
Carl Harrison
Joe Mack Wilson
A.L. Burruss
Steve Thompson
Terry Lawler
Fred Aiken
Johnny Isakson
Bill Atkins
Frank Johnson
Tom Wilder
Bill Cooper
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Terry D. Lawler, who, on
oath, deposes and says that he is Representative from the 20th
District, and that the attached copy of Notice of Intention to
Introduce Local Legislation was published in the Marietta Daily
Journal which is the official organ of Cobb County, on the follow-
ing date: January 11, 1985.
/s/ Terry D. Lawler
Representative,
20th District
Sworn to and subscribed before me,
this 21st day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
4336 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 1985 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, 1965 (Ga. L. 1964, p. 3211) and for other properties.
This 4th day of January, 1985.
Roy E. Barnes
Haskew Brantley
Jim Tollison
Carl Harrison
Joe Mack Wilson
A. L. Burruss
Steve Thompson
Terry Lawler
Fred Aiken
Johnny Isakson
Bill Atkins
Frank Johnson
Tom Wilder
Bill Cooper
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Terry Lawler, who, on oath,
deposes and says that he is Representative from the 20th Dis-
trict, and that the attached copy of Notice of Intention to Intro-
duce Local Legislation was published in the Marietta Daily Jour-
nal which is the official organ of Cobb County, on the following
date: January 4, 1985.
/s/ Terry Lawler
Representative,
20th District
GEORGIA LAWS 1985 SESSION
4337
Sworn to and subscribed before me,
this 6th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 27, 1985.
CITY OF BAXLEY COUNCILMEN; ELECTIONS.
No. 280 (House Bill No. 943).
AN ACT
To amend an Act reincorporating and providing a new char-
ter for the City of Baxley in Appling County, approved April
13, 1982 (Ga. L. 1982, p. 4725), so as to change the composition
of the city council and the method of electing councilmen; to
provide for single-member districts from and by which council-
men shall be elected; 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 reincorporating and providing a new
charter for the City of Baxley in Appling County, approved April
13, 1982 (Ga. L. 1982, p. 4725), is amended by striking Section
3.4 and inserting in its place a new Section 3.4 to read as follows:
"Section 3.4. Election of mayor and councilmen; terms,
(a) Regular municipal elections shall be held on the second
Tuesday in December of each year. The mayor and council-
4338 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
men 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 as provided in this sec-
tion.
(b) The mayor shall be elected at the regular municipal
election in each odd-numbered year, shall take office on the
first Monday in January following his election, and shall
serve for a term of two years and until his successor is elected
and qualified. The mayor may reside anywhere within the
City of Baxley.
(c) Each member of the council shall be elected from
and by the voters of only the council district he represents;
and each member of the council must be a resident of the
council district he represents. For purposes of facilitating
an orderly transition, the councilmen in office on the effective
date of this section shall be deemed to represent the council
districts as follows and their successors shall be elected as
follows:
Council District No. 1: Rudolph Thomas; election
in 1985 and each third year thereafter;
Council District No. 2: Esco Hall, Jr.; election in
1986 and each third year thereafter;
Council District No. 3: Winton Herrin; election in
1987 and each third year thereafter;
Council District No. 4: Molton Eason; election in
1987 and each third year thereafter;
Council District No. 5: Roy E. Bass; election in 1985
and each third year thereafter;
Council District No. 6: Paul Taylor; election in 1986
and each third year thereafter.
Each councilman shall take office on the first Monday in Janu-
ary and shall serve for a term of three years and until his succes-
sor is elected and qualified. If any councilman ceases to reside
GEORGIA LAWS 1985 SESSION
4339
in the council district he represents, the remaining members
of the council shall immediately declare his office to be vacant.
(d) Any vacancy in the office of councilman shall con-
tinue to be filled as provided in Section 2.8 of this Act, except
that any special election to fill a vacancy in the office of
councilman shall be only by the voters of the unrepresented
council district.
(e) For purposes of electing councilmen the City of Bax-
ley is divided into six council districts as provided in this
subsection. If any part of the city is not included in the
description of any council district, then such part of the
city shall be included in the contiguous council district which
contains the least population according to the United States
decennial census of 1980 or any future such census. The
boundaries of the six council districts shall be as follows:
Council District No. 1
Beginning at Troupe Street and the city limits of Bax-
ley; southeast and east along Troupe Street to North
Boulevard (U.S. 1, Georgia 4-15); southeast along North
Boulevard to Harley Street; southeast along Harley
Street to North Main Street (Georgia 144); southwest
and south along North Main Street to Ivy Street; west
along Ivy Street to Thomas Street; northeast along Tho-
mas Street to Penniman Street; northwest along Penni-
man Street to Phillips Street; southwest along Phillips
Street to Harvey Street; southeast along Harvey Street
to Holton Street; southwest along Holton Street to
Barnes Street; northwest along Barnes Street to Phillips
Street; southwest along Phillips Street to Parker Street
(U.S. 341' Georgia 27); northwest along Parker Street
to the city limits of Baxley; and northeast around the
city limits of Baxley to the point of beginning.
Council District No. 2
Beginning at Troupe Street and the city limits of Bax-
ley; southeast and east along Troupe Street to North
Boulevard (U.S. 1, Georgia 4-15); southeast along North
Boulevard to Harley Street; southeast along Harley
Street to North Main Street (Georgia 144); southwest
4340 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
and south along North Main Street to Parker Street (U.S.
341, Georgia 27); southeast along Parker Street to the
city limits of Baxley; and generally northerly and west-
erly around the city limits of Baxley to the point of begin-
ning.
Council District No. 3
Beginning at Parker Street and the eastern city limits
of Baxley; northwest along Parker Street to Lee Street;
southwest along Lee Street to Tippins Street; northwest
along Tippins Street to Beach Street; southwest along
Beach Street to South Park Avenue; southeast along
South Park Avenue to Lee Street; southwest along Lee
Street to Bay Street; northwest along Bay Street to
Moody Street; south along Moody Street to Burke Street;
southeast along Burke Street to Edgerton Street; south-
west along Edgerton Street to Simmons Street; southeast
along Simmons Street to Luckie Street; northeast along
Luckie Street to Bay Street; southeast along Bay Street
to South Main Street (U.S. 1, Georgia 4-15); southwest
along South Main Street to Dyal Street; southeast along
Dyal Street to Fair Street; south along Fair Street to
Floyd Street; southeast along Floyd Street to Hovis
Street; southwest along Hovis Street to Walnut Street;
southeast and northeast along Walnut Street to Holmes-
ville Avenue; southeast along Holmesville Avenue to
Joey Lane; west and southwest along Joey Lane to Pen-
dleton Street; northwest along Pendleton Street to Peach-
tree Street; southwest along Peachtree Street to the
Blackshear Highway (Georgia 15) and the city limits of
Baxley; and generally southerly, easterly, northerly, and
easterly around the city limits of Baxley to the point
of beginning.
Council District No. 4
Beginning at the intersection of Peachtree Street and
the Blackshear Highway at the city limits of Baxley;
northeast along Peachtree Street to Pendleton Street;
southeast along Pendleton Street to Joey Lane; northeast
and east along Joey Lane to Holmesville Avenue; north-
west along Holmesville Avenue to Walnut Street; south-
GEORGIA LAWS 1985 SESSION
4341
west and northwest along Walnut Street to Fair Street;
southwest along Fair Street to Tollison Street; northwest
along Tollison Street to South Main Street (U.S. 1, Geor-
gia 4-15); northeast along South Main Street to Speer
Street; northwest along Speer Street to Luckie Street;
northeast along Luckie Street to Spruce Street; west
along Spruce Street to Highland Drive; south along High-
land Drive to Speer Street; west along Speer Street to
Jones Avenue; northeast along Jones Avenue to Donnie
Lane; west along Donnie Lane to Beach Road; south and
southeast along Beach Road to the Old Alma Road; south-
west along the Old Alma Road to the city limits of Baxley;
and southerly around the city limits of Baxley to the
point of beginning.
Council District No. 5
Beginning at the Old Alma Road and the city limits
of Baxley; northeast along the Old Alma Road to Beach
Road; northwest and north along Beach Road to Donnie
Lane; east along Donnie Lane to Jones Avenue; south-
west along Jones Avenue to Speer Street; east along
Speer Street to Highland Drive; north along Highland
Drive to Spruce Street; east along Spruce Street to Luckie
Street; southwest along Luckie Street to Speer Street;
southeast along Speer Street to South Main Street (U.S.
1, Georgia 4-15); southeast along South Main Street to
Tollison Street; southeast along Tollison Street to Fair
Street; northeast along Fair Street to Walnut Street;
southeast along Walnut Street to Ho vis Street; northeast
along Hovis Street to Floyd Street; northwest along Floyd
Street to Fair Street; north along Fair Street to Dyal
Street; northwest along Dyal Street to South Main Street;
northeast along South Main Street to Bay Street; north-
west along Bay Street to Luckie Street; southwest along
Luckie Street to Simmons Street; northwest along Sim-
mons Street to Edgerton Street; northeast along Edger-
ton Street to Burke Street; northwest along Burke Street
to Moody Street; north along Moody Street to Bay Street;
northwest along Bay Street to Patterson Road; southwest
along Patterson Road to the city limits of Baxley; and
southerly around the city limits of Baxley to the point
of beginning.
4342 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Council District No. 6
Beginning at Patterson Road and the city limits of
Baxley; northeast along Patterson Road to Bay Street;
southeast along Bay Street to Lee Street; northeast along
Lee Street to South Park Avenue; northwest along South
Park Avenue to Beach Street; northeast along Beach
Street to Tippins Street; southeast along Tippins Street
to Lee Street; northeast along Lee Street to Parker Street
(U.S. 341, Georgia 27); southeast along Parker Street to
North Main Street (U.S. 1, Georgia 4-15); northeast along
North Main Street to Ivy Street; west along Ivy Street
to Thomas Street; northeast along Thomas Street to Pen-
niman Street; northwest along Penniman Street to Phil-
lips Street; southwest along Phillips Street to Harvey
Street; southeast along Harvey Street to Holton Street;
southwest along Holton Street to Barnes Street; north-
west along Barnes Street to Phillips Street; southwest
along Phillips Street to Parker Street; northwest along
Parker Street to the city limits of Baxley; and southerly
around the city limits of Baxley to the point of begin-
ning.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Public Notice.
The City of Baxley intends to introduce legislation through
state representatives setting forth a district plan of electing
city councilmen. Said proposal was voted upon at a regular meet-
ing of the City Council on Tuesday, Feb. 12.
City of Baxley
S. W. Dunn
City Manager
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 Baxley News
GEORGIA LAWS 1985 SESSION
4343
Banner which is the official organ of Appling County, on the
following date: February 14, 1985.
/s/ Lunsford Moody
Representative,
153rd District
Sworn to and subscribed before me,
this 26th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal). - |
Approved March 27, 1985.
STATE COURT OF EARLY COUNTY ASSISTANT
DISTRICT ATTORNEY; SERVICE AS SOLICITOR.
No. 281 (House Bill No. 946).
AN ACT
To amend an Act creating the State Court of Early County,
approved August 21, 1906 (Ga. L. 1906, p. 161), as amended,
so as to authorize the governing authority of Early County to
appoint a qualified assistant district attorney of the Pataula
Judicial Circuit to serve as the solicitor of the State Court of
Early County with the approval of the district attorney of the
Pataula Judicial Circuit; to provide for the compensation of said
assistant district attorney serving as the solicitor of said state
court; to provide for other matters relative to the foregoing;
to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
4344 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section m An Act creating the State Court of Early
County, approved August 21, 1906 (Ga. L. 1906, p. 161), as
amended, is amended by adding a new paragraph at the end
of Section 4 to read as follows:
"In the event there is no elected solicitor of the State
Court of Early County, the governing authority of Early
County is authorized to appoint a qualified assistant district
attorney of the Pataula Judicial Circuit to serve as a solicitor
of said court with the approval of the district attorney of
the Pataula Judicial Circuit. Said assistant district attorney
shall receive an annual salary of not less than $600.00 for
performing the services of solicitor of said state court. Said
salary shall be payable in equal monthly installments out
of the funds of Early 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
1985 session of the General Assembly of Georgia a bill to amend
an Act creating the State Court of Early County, approved Au-
gust 21,1906 (Ga. L. 1906, p. 161), as amended, so as to authorize
the governing authority of Early County to appoint an assistant
district attorney of the Pataula Judicial Circuit to serve as the
solicitor of the State Court of Early County with the approval
of the district attorney of the Pataula Judicial Circuit; to provide
for the compensation of said assistant district attorney serving
as the solicitor of said state court; to provide for other matters
relative to the foregoing; and for other purposes.
This 23rd day of January, 1985.
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
GEORGIA LAWS 1985 SESSION
4345
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: January 31, 1985.
/s/ Ralph J. Balkcom
Representative,
140th District
Sworn to and subscribed before me,
this 21st day of February, 1985.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 11, 1988.
(Seal).
Approved March 27, 1985.
SPALDING COUNTY TAX COMMISSIONER;
COMPENSATION.
No. 282 (House Bill No. 947).
AN ACT
To amend an Act consolidating the offices of tax receiver
and tax collector of Spalding County, approved February 16,
1950 (Ga. L. 1950, p. 2583), as amended, particularly by an Act
approved February 28, 1966 (Ga. L. 1966, p. 2659), an Act ap-
proved April 5, 1971 (Ga. L. 1971, p. 3110), an Act approved
February 25, 1977 (Ga. L. 1977, p. 2791), an Act approved April
11, 1979 (Ga. L. 1979, p. 4135), and an Act approved April 6,
1981 (Ga. L. 1981, p. 4135), so as to change the compensation
of the tax commissioner of Spalding County; to provide for pay-
ment thereof; to provide for other matters relative to the forego-
ing; to provide an effective date; 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 consolidating the offices of tax receiver
and tax collector of Spalding County, approved February 16,
1950 (Ga. L. 1950, p. 2583), as amended, particularly by an Act
approved February 28, 1966 (Ga. L. 1966, p. 2659), an Act ap-
proved April 5, 1971 (Ga. L. 1971, p. 3110), an Act approved
February 25,1977 (Ga. L. 1977, p. 2791), an Act approved April
11, 1979 (Ga. L. 1979, p. 4135), and an Act approved April 6,
1981 (Ga. L. 1981, p. 4135), is amended by striking subsection
(a) of Section 3 thereof in its entirety and substituting in lieu
thereof a new subsection (a) to read as follows:
"(a) Effective July 1, 1985, the tax commissioner of
Spalding County shall be paid a monthly salary at the rate
of $26,500.00 per annum and, in addition thereto, any supple-
mental salary or compensation authorized under any gen-
eral law for payment to each tax commissioner in the State
of Georgia who is authorized to act as an ex officio sheriff
under Code Section 48-5-137 of the Official Code of Georgia
Annotated, as such statutory law now exists or as it may
hereafter be amended, all of which shall be in addition to
the compensation authorized in subsection (c).
Section 2. Said Act is further amended by striking subsec-
tion (b) of Section 3 in its entirety and substituting in lieu thereof
a new subsection (b) to read as follows:
"(b) Said compensation shall be apportioned and paya-
ble for the remainder of 1985 at said annual rate and shall
be payable for all subsequent years at said annual rate. Said
compensation shall be payable in equal monthly install-
ments on the last day of each month from the funds of Spald-
ing County.
Section 3. This Act shall become effective on July 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 1985 Session of the General Assembly of Georgia a bill
GEORGIA LAWS 1985 SESSION
4347
to change the compensation of the Tax Commissioner of Spald-
ing County; to repeal conflicting laws and for other purposes.
This the 29th day of January, 1985.
Maureen C. Jackson
Clerk of Spalding County
Commissioners
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, John L. Mostiler, who, on
oath, deposes and says that he is 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 2, 1985.
/s/ John L. Mostiler
Representative,
75th District
Sworn to and subscribed before me,
this 22nd day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 27, 1985.
4348 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
BUTTS COUNTY BOARD OF COMMISSIONERS;
RE-CREATION; ELECTIONS; COMPENSATION.
No. 283 (House Bill No. 948).
AN ACT
To amend an Act creating the board of commissioners of
Butts County, approved February 24,1941 (Ga. L. 1941, p. 793),
as amended, so as to provide for a five-member board of commis-
sioners; to provide for continuation of the existing board until
the expiration of the terms of the members; to provide for elec-
tions of members; to provide for single-member districts; to pro-
vide for voting precincts; to provide for certain special elections;
to provide for terms of office; to provide for successors to mem-
bers of the board; to provide for qualifications; to provide that
members may decide by majority vote to assign certain members
to represent certain districts; to provide for a chairman; to pro-
vide for a quorum and the transaction of business by the board;
to provide for compensation; to provide for 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 the board of commissioners
of Butts County, approved February 24, 1941 (Ga. L. 1941, p.
793), as amended, is amended by adding a new section to be
designated Section 3A to read as follows:
"Section 3A. (a) The provisions of this section shall
supersede any provisions of this Act to the contrary in effect
on January 1, 1985.
(b) The board of commissioners shall be expanded from
three members to five members.
(c) The three persons elected to fill the positions of Com-
mission Post No. 1, Post No. 2, and Post No. 3 in the general
election of 1984 shall serve out the terms to which they
are elected or until they are succeeded, pursuant to the terms
GEORGIA LAWS 1985 SESSION
4349
of this section, or other applicable provisions of law; and
they shall possess and have the duty and responsibility of
exercising the power of members of the board of commission-
ers given them by law until so succeeded. At the conclusion
of the terms of office of these three commissioners, those
offices shall be abolished and no person shall be elected there-
after to fill such abolished offices. This section shall not affect
in any way the validity of any action taken by the present
or past members of the board of commissioners.
(d) Except for the elections provided for in subsection
(c) of this section, future elections for the board of commis-
sioners shall be conducted on the basis of five single-member
districts to be known as District No. 1, District No. 2, District
No. 3, District No. 4, and District No. 5. Each such district
is particularly described as follows:
COMMISSIONER DISTRICT #1: Being located in
the eastern portion of Butts County, Georgia, and being
bounded as follows: The Point of Beginning shall be
where Georgia Highway #36 intersects with the Butts
County - Newton County Line. From this Point of Begin-
ning southwest along Georgia Highway #36 until it in-
tersects with Stark Road (County Road #289); thence
east along Stark Road (County Road #289) until it inter-
sects with Moore Road (County Road #85); thence east
along Moore Road (County Road #85) until it intersects
with Halls Bridge Road (County Road #292); thence east
along Halls Bridge Road (County Road #292) until it
intersects with Pratt Smith Road (County Road #87);
thence south along Pratt Smith Road (County Road # 87)
until it intersects with Georgia Highway #16; thence
east along Georgia Highway # 16 until it intersects with
Higgins Road (County Road #301); thence south along
Higgins Road (County Road #301) until it intersects with
Georgia Highway #42; thence south along Georgia High-
way #42 until it intersects with Cenie Road (County
Road # 139); thence east along Cenie Road (County Road
# 139) until it intersects with the City Limits of Flovilla,
Georgia; thence east and north along the City Limits
of Flovilla, Georgia until it intersects with Cenie Road
(County Road # 139); thence east along Cenie Road
(County Road # 139) until it intersects with Georgia
4350 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Highway #87; thence south along Georgia Highway #87
until it intersects with the Butts County - Monroe
County Line; thence east and north along the Butts
County Line to the Point of Beginning.
COMMISSIONER DISTRICT #2: Being located in
the southern portion of Butts County, Georgia, and being
bounded as follows: The Point of Beginning shall be
where Georgia Highway #87 intersects with the Butts
County - Monroe County Line. From this Point of Begin-
ning north along Georgia Highway #87 until it inter-
sects with Cenie Road (County Road # 139); thence west
along Cenie Road (County Road # 139) until it intersects
with the City Limits of Flovilla, Georgia; thence south
and west along the City Limits of Flovilla, Georgia until
it intersects with Cenie Road (County Road # 139); thence
west along Cenie Road (County Road # 139) until it inter-
sects with Georgia Highway #42; thence north along
Georgia Highway #42 until it intersects with Higgins
Road (County Road #301); thence north along Higgins
Road (County Road # 301) until it intersects with Georgia
Highway # 16; thence west along Georgia Highway # 16
until it intersects with Pratt Smith Road (County Road
# 87); thence north along Pratt Smith Road (County Road
#87) until it intersects with Halls Bridge Road (County
Road #292); thence west along Halls Bridge Road
(County Road #292) until it intersects with Georgia
Highway # 16; thence west along Georgia Highway # 16
until it intersects with East College Street in the City
Limits of Jackson, Georgia; thence south and west along
East College Street until it intersects with Georgia High-
way # 36 (Mulberry Street); thence south along Georgia
Highway #36 (Mulberry Street) until it intersects with
Brownlee Road (County Road # 296); thence south along
Brownlee Road (County Road #296) until it intersects
with Co-Op Way; thence west along Co-Op Way until it
intersects with Georgia Highway #36; thence south
along Georgia Highway #36 until it intersects with the
City Limits of Jackson, Georgia; thence south and west
along the City Limits of Jackson, Georgia until it inter-
sects with Georgia Highway #36; thence south along
Georgia Highway #36 until it intersects with the City
Limits of Jackson, Georgia; thence south and east along
GEORGIA LAWS 1985 SESSION
4351
the City Limits of Jackson, Georgia until it intersects
with Brownlee Road (County Road #296); thence south
along Brownlee Road (County Road # 296) until it inter-
sects with the Butts County - Monroe County Line;
thence east along the Butts County - Monroe County
Line back to the Point of Beginning.
COMMISSIONER DISTRICT #3: Being located in
the southwestern portion of Butts County, Georgia, and
being bounded as follows: The Point of Beginning shall
be where Brownlee Road (County Road #296) intersects
with the Butts County - Monroe County Line. From this
Point of Beginning north along Brownlee Road (County
Road #296) until it intersects with the City Limits of
Jackson, Georgia; thence west and north along the City
Limits of Jackson, Georgia until it intersects with Geor-
gia Highway #36; thence north along Georgia Highway
#36 until it intersects with the City Limits of Jackson,
Georgia; thence east and north along the City Limits
of Jackson, Georgia until it intersects with Georgia High-
way #36; thence north along Georgia Highway #36 un-
til it intersects with the City Limits of Jackson, Georgia;
thence west and north along the City Limits of Jackson,
Georgia until it intersects with Old Griffin Road (County
Road #203); thence west along Old Griffin Road (County
Road #203) until it intersects with Imogene Goff Drive
(City Limits of Jackson, Georgia); thence north along Im-
ogene Goff Drive (City Limits of Jackson, Georgia) until
it intersects with Georgia Highway #16; thence west
along Georgia Highway # 16 until it intersects with Old
Griffin Road (County Road #203); thence north and west
along Old Griffin Road (County Road #203) until it inter-
sects with Georgia Highway #16; thence west along
Georgia Highway # 16 until it intersects with the Butts
County - Spalding County Line; thence south along the
Butts County - Spalding County Line and thence east
along the Butts County - Lamar County Line and the
Butts County - Monroe County Line back to the Point
of Beginning.
COMMISSIONER DISTRICT #4: Being located in
the central portion of Butts County, Georgia, and being
bounded as follows: The Point of Beginning shall be
4352 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
where Georgia Highway # 36 intersects with Stark Road
(County Road #289). From this Point of Beginning north-
east along Stark Road (County Road #289) until it inter-
sects with Moore Road (County Road #85); thence east
along Moore Road (County Road #85) until it intersects
with Halls Bridge Road (County Road #292); thence
south along Halls Bridge Road (County Road #292) until
it intersects with Georgia Highway #16; thence west
along Georgia Highway # 16 until it intersects with East
College Street in the City Limits of Jackson, Georgia;
thence south and west along East College Street until
it intersects with Georgia Highway #36 (Mulberry
Street); thence south along Georgia Highway #36 (Mul-
berry Street) until it intersects with Brownlee Road
(County Road #296); thence south along Brownlee Road
(County Road #296) until it intersects with Co-Op Way;
thence west along Co-Op Way until it intersects with
Georgia Highway #36; thence south along Georgia High-
way #36 until it intersects with the City Limits of Jack-
son, Georgia; thence west and north along the City Limits
of Jackson, Georgia until it intersects with Old Griffin
Road (County Road #203); thence east along Old Griffin
Road (County Road #203) until it intersects with Wesley
Drive; thence south along Wesley Drive until it intersects
with Cedar Street; thence east along Cedar Street until
it intersects with West College Street; thence east along
West College Street until it intersects with Peachtree
Street; thence north along Peachtree Street until it inter-
sects with McDonough Road; thence north along McDo-
nough Road until it intersects with Watson Creek; thence
west along Watson Creek until it intersects with the City
Limits of Jackson, Georgia; thence west and north along
the City Limits of Jackson, Georgia until it intersects
with Paul Maddox Road (County Road #214); thence
west along Paul Maddox Road until it intersects with
the City Limits of Jackson, Georgia; thence north and
east along the City Limits of Jackson, Georgia until it
intersects with the Southern Railroad; thence southeast
and east along the City Limits of Jackson, Georgia until
it intersects with Georgia Highway #36; thence north
along Georgia Highway #36 back to the Point of Begin-
ning.
GEORGIA LAWS 1985 SESSION
4353
COMMISSIONER DISTRICT #5: Being located in
the northwestern portion of Butts County, Georgia, and
being bounded as follows: The Point of Beginning shall
be where Georgia Highway # 16 intersects with the Butts
County - Spalding County Line. From this Point of Be-
ginning east along Georgia Highway #16 until it inter-
sects with Old Griffin Road (County Road # 203); thence
east along Old Griffin Road (County Road #203) until
it intersects with Georgia Highway #16; thence east
along Georgia Highway # 16 until it intersects with Imo-
gene Goff Drive (City Limits of Jackson, Georgia); thence
south along Imogene Goff Drive (City Limits of Jackson,
Georgia) until it intersects with Old Griffin Road (County
Road # 203); thence east along Old Griffin Road (County
Road #203) until it intersects with Wesley Drive; thence
south along Wesley Drive until it intersects with Cedar
Street; thence east along Cedar Street until it intersects
with West College Street; thence east along West College
Street until it intersects with Peachtree Street; thence
north along Peachtree Street until it intersects with
McDonough Road; thence north along McDonough Road
until it intersects with Watson Creek; thence west along
Watson Creek until it intersects with the City Limits
of Jackson, Georgia; thence west and north along the
City Limits of Jackson, Georgia until it intersects with
Paul Maddox Road (County Road #214); thence west
along Paul Maddox Road (County Road #214) until it
intersects with the City Limits of Jackson, Georgia;
thence north and east along the City Limits of Jackson,
Georgia until it intersects with the Southern Railroad;
thence southeast and east along the City Limits of Jack-
son, Georgia until it intersects with Georgia Highway
#36; thence north along Georgia Highway #36 until
it intersects with the Butts County - Newton County
Line; thence north and west along the Butts County -
Newton County Line and south and west along the Butts
County - Henry County Line and the Butts County -
Spalding County Line.
(e) For the purpose of electing commissioners to repre-
sent the districts set forth in subsection (d) of this Act, the
following voting precincts shall be established:
4354 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
VOTING PRECINCT #1A: Being located in the
northeastern portion of Butts County Georgia, and being
bounded as follows: The Point of Beginning shall be
where Georgia Highway #36 intersects with the Butts
County - Newton County Line. From this Point of Begin-
ning southwest along Georgia Highway #36 until it in-
tersects with Stark Road (County Road #289); thence
east along Stark Road (County Road # 289) until it inter-
sects with Moore Road (County Road #85); thence east
along Moore Road (County Road #85) until it intersects
with Halls Bridge Road (County Road #292); thence east
along Halls Bridge Road (County Road #292) until it
intersects with Pratt Smith Road (County Road #87);
thence south along Pratt Smith Road (County Road #87)
until it intersects with Georgia Highway #16; thence
east along Georgia Highway # 16 until it intersects with
the Butts County - Jasper County Line; thence north
along the Butts County - Jasper County Line and the
Butts County - Newton County Line to the Point of Begin-
ning.
VOTING PRECINCT #1B: Being located in the
southeastern portion of Butts County, Georgia, and being
bounded as follows: The Point of Beginning shall be
where Georgia Highway #16 intersects with the Butts
County - Jasper County Line. From this Point of Begin-
ning west along Georgia Highway # 16 until it intersects
with Higgins Road (County Road #301); thence south
along Higgins Road (County Road #301) until it inter-
sects with Georgia Highway #42; thence south along
Georgia Highway #42 until it intersects with Cenie Road
(County Road #139); thence east along Cenie Road
(County Road # 139) until it intersects with the City Lim-
its of Flovilla, Georgia; thence east and north along the
City Limits of Flovilla, Georgia until it intersects with
Cenie Road (County Road # 139); thence east along Cenie
Road (County Road # 139) until it intersects with Georgia
Highway #87; thence south along Georgia Highway #87
until it intersects with the Butts County - Monroe County
Line; thence south along the Butts County - Monroe
County Line and north along the Butts County - Jasper
County Line back to the Point of Beginning.
GEORGIA LAWS 1985 SESSION
4355
VOTING PRECINCT #2: Being located in the south-
ern central portion of Butts County, Georgia, and being
bounded as follows: The Point of Beginning shall be
where Georgia Highway #87 intersects with the Butts
County - Monroe County Line. From this Point of Begin-
ning north along Georgia Highway #87 until it inter-
sects with Cenie Road (County Road # 139); thence west
along Cenie Road (County Road # 139) until it intersects
with the City Limits of Flovilla, Georgia; thence south
and west along the City Limits of Flovilla, Georgia until
it intersects with Cenie Road (County Road # 139); thence
west along Cenie Road (County Road # 139) until it inter-
sects with Georgia Highway #42; thence north along
Georgia Highway #42 until it intersects with Higgins
Road (County Road #301); thence north along Higgins
Road (County Road # 301) until it intersects with Georgia
Highway # 16; thence west along Georgia Highway # 16
until it intersects with Pratt Smith Road (County Road
# 87); thence north along Pratt Smith Road (County Road
#87) until it intersects with Halls Bridge Road (County
Road #292); thence west along Halls Bridge Road
(County Road #292) until it intersects with Georgia
Highway # 16; thence west along Georgia Highway # 16
until it intersects with East College Street in the City
Limits of Jackson, Georgia; thence south and west along
East College Street until it intersects with Georgia High-
way # 36 (Mulberry Street); thence south along Georgia
Highway #36 (Mulberry Street) until it intersects with
Brownlee Road (County Road #296); thence south along
Brownlee Road (County Road #296) until it intersects
with Co-Op Way; thence west along Co-Op Way until it
intersects with Georgia Highway #36; thence south
along Georgia Highway #36 until it intersects with the
City Limits of Jackson, Georgia; thence south and west
along the City Limits of Jackson, Georgia until it inter-
sects with Georgia Highway #36; thence south along
Georgia Highway #36 until it intersects with the City
Limits of Jackson, Georgia; thence south and east along
the City Limits of Jackson, Georgia until it intersects
with Brownlee Road (County Road #296); thence south
along Brownlee Road (County Road #296) until it inter-
sects with the Butts County - Monroe County Line; thence
4356 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
east along the Butts County - Monroe County line back
to the Point of Beginning.
VOTING PRECINCT #3: Being located in the south-
western portion of Butts County, Georgia, and being
bounded as follows: The Point of Beginning shall be
where Brownlee Road (County Road #296) intersects
with the Butts County - Monroe County Line. From this
Point of Beginning north along Brownlee Road (County
Road #296) until it intersects with the City Limits of
Jackson, Georgia; thence west and north along the City
Limits of Jackson, Georgia until it intersects with Geor-
gia Highway #36; thence north along Georgia Highway
#36 until it intersects with the City Limits of Jackson,
Georgia; thence east and north along the City Limits
of Jackson, Georgia until it intersects with Georgia High-
way #36; thence north along Georgia Highway #36 un-
til it intersects with the City Limits of Jackson, Georgia;
thence west and north along the City Limits of Jackson,
Georgia until it intersects with Old Griffin Road (County
Road # 203); thence west along Old Griffin Road (County
Road #203) until it intersects with Imogene Goff Drive
(City Limits of Jackson, Georgia); thence north along Im-
ogene Goff Drive (City Limits of Jackson, Georgia) until
it intersects with Georgia Highway #16; thence west
along Georgia Highway # 16 until it intersects with Old
Griffin Road (County Road # 203); thence north and west
along Old Griffin Road (County Road # 203) until it inter-
sects with Georgia Highway #16; thence west along
Georgia Highway # 16 until it intersects with the Butts
County - Spalding County Line; thence south along the
Butts County - Spalding County Line and thence east
along the Butts County - Lamar County Line and the
Butts County - Monroe County Line back to the Point
of Beginning.
VOTING PRECINCT #4: Being located in the central
portion of Butts County, Georgia, and being bounded as
follows: The Point of Beginning shall be where Georgia
Highway # 36 intersects with Stark Road (County Road
#289). From this Point of Beginning northeast along
Stark Road (County Road #289) until it intersects with
Moore Road (County Road # 85); thence east along Moore
GEORGIA LAWS 1985 SESSION
4357
Road (County Road #85) until it intersects with Halls
Bridge Road (County Road #292); thence south along
Halls Bridge Road (County Road #292) until it intersects
with Georgia Highway # 16; thence west along Georgia
Highway # 16 until it intersects with East College Street
in the City Limits of Jackson, Georgia; thence south and
west along East College Street until it intersects with
Georgia Highway #36 (Mulberry Street); thence south
along Georgia Highway #36 (Mulberry Street) until it
intersects with Brownlee Road (County Road #296);
thence south along Brownlee Road (County Road #296)
until it intersects with Co-Op Way; thence west along
Co-Op Way until it intersects with Georgia Highway
#36; thence south along Georgia Highway #36 until
it intersects with the City Limits of Jackson, Georgia;
thence west and north along the City Limits of Jackson,
Georgia until it intersects with Old Griffin Road (County
Road #203); thence east along Old Griffin Road (County
Road #203) until it intersects with Wesley Drive; thence
south along Wesley Drive until it intersects with Cedar
Street; thence east along Cedar Street until it intersects
with West College Street; thence east along West College
Street until it intersects with Peachtree Street; thence
north along Peachtree Street until it intersects with
McDonough Road; thence north along McDonough Road
until it intersects with Watson Creek; thence west along
Watson Creek until it intersects with the City Limits
of Jackson, Georgia; thence west and north along the
City Limits of Jackson, Georgia until it intersects with
Paul Maddox Road (County Road #214); thence west
along Paul Maddox Road (County Road #214) until it
intersects with the City Limits of Jackson, Georgia;
thence north and east along the City Limits of Jackson,
Georgia until it intersects with the Southern Railroad;
thence southeast and east along the City Limits of Jack-
son, Georgia until it intersects with Georgia Highway
#36; thence north along Georgia Highway #36 back
to the Point of Beginning.
VOTING PRECINCT #5A: Being located in the west-
ern portion of Butts County, Georgia, and being bounded
as follows: The Point of Beginning shall be where Georgia
Highway # 16 intersects with the Butts County - Spald-
4358 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ing County Line. From this Point of Beginning east along
Georgia Highway # 16 until it intersects with Old Griffin
Road (County Road #203); thence east along Old Griffin
Road (County Road # 203) until it intersects with Georgia
Highway # 16; thence east along Georgia Highway # 16
until it intersects with Imogene Goff Drive (City Limits
of Jackson, Georgia); thence south along Imogene Goff
Drive (City Limits of Jackson, Georgia) until it intersects
with Old Griffin Road (County Road #203); thence east
along Old Griffin Road (County Road #203) until it inter-
sects with Wesley Drive; thence south along Wesley Drive
until it intersects with Cedar Street; thence east along
Cedar Street until it intersects with West College Street;
thence east along West College Street until it intersects
with Peachtree Street; thence north along Peachtree
Street until it intersects with McDonough Road; thence
north along McDonough Road until it intersects with
Watson Creek; thence west along Watson Creek until
it intersects with the City Limits of Jackson, Georgia;
thence west and north along the City Limits of Jackson,
Georgia until it intersects with Paul Maddox Road
(County Road #214); thence west along Paul Maddox
Road (County Road #214) until it intersects with the
City Limits of Jackson, Georgia; thence north and east
along the City Limits of Jackson, Georgia until it inter-
sects with Georgia Highway #42; thence north along
Georgia Highway #42 until it intersects with Four
Points Road (County Road # 295); thence east along Four
Points Road (County Road #295) until it intersects with
Wolf Creek Road (County Road #300); thence north
along Wolf Creek Road (County Road # 300) until it inter-
sects with the Butts County - Henry County Line; thence
southwest along the Butts County - Henry County Line
and the Butts County - Spalding County Line to the Point
of Beginning.
VOTING PRECINCT #5B: Being located in the
northern portion of Butts County, Georgia, and being
bounded as follows: The Point of Beginning shall be
where Wolf Creek Road (County Road #300) intersects
with the Butts County - Henry County Line; thence south
along Wolf Creek Road (County Road #300) until it inter-
sects with Four Points Road (County Road #295); thence
GEORGIA LAWS 1985 SESSION
4359
west along Four Points Road (County Road #295) until
it intersects with Georgia Highway #42; thence south
along Georgia Highway # 42 until it intersects with the
City Limits of Jackson, Georgia; thence east and north
along the City Limits of Jackson, Georgia until it inter-
sects with the Southern Railroad; thence south and east
along the City Limits of Jackson, Georgia until it inter-
sects with Watson Creek; thence south along Watson
Creek until it intersects with the Southern Railroad;
thence southeast and east along the City Limits of Jack-
son, Georgia until it intersects with Georgia Highway
#36; thence north along Georgia Highway #36 until
it intersects with the Butts County - Newton County Line;
thence north and west along the Butts County - Newton
County Line and south and west along the Butts County
- Henry County Line and the Butts County - Spalding
County Line.
The electors of Voting Precincts 1A and IB shall elect the
commissioner for Commission District 1, the electors for Vot-
ing Precinct 2 shall elect the commissioner for Commission
District 2, the electors of Voting Precinct 3 shall elect the
commissioner for Commission District 3, the electors of Vot-
ing Precinct 4 shall elect the commissioner for Commission
District 4, and the electors of Voting Precincts 5A and 5B
shall elect the commissioner for Commission District 5.
(f) In order to fill the position of Commission Districts
No. 4 and 5, there shall be a special, nonpartisan election
called for the third Tuesday of August, 1985, in accordance
with procedures for special elections under Chapter 2 of Title
21 of the O.C.G.A., the 'Georgia Election Code. Candidates
for Commission Districts No. 4 and No. 5 shall be residents
of the district for which they are candidates. Only the quali-
fied electors of each of the voting precincts electing the com-
missioners for Districts No. 4 and No. 5, may vote for the
candidates for said districts; and election shall be solely by
the vote of electors who reside in the respective voting pre-
cincts.
(g) The persons elected at the special election for Com-
mission Districts No. 4 and No. 5 in 1985 shall take office
immediately upon certification of the election returns and
issuance of certificates of election. The person so elected to
4360 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
District No. 4 shall serve a term which expires January 1,
1989, or until his successor is elected and qualified. The per-
son elected to District No. 5 shall serve a term which expires
January 1, 1987, or until his successor is elected and quali-
fied. Thereafter, the persons elected to fill the positions of
Commission Districts No. 4 and No. 5 shall be elected pur-
suant to the regular election procedures, including partisan
primaries, of Chapter 2 of Title 21, the 'Georgia Election
Code, at the regular general election immediately preceding
the expiration of the terms of the commissioners they are
elected to succeed. The persons so elected, and their succes-
sors thereafter, shall be elected to four-year terms.
(h) At the general election in 1986, there shall be an
election in Commission District No. 3 to choose the successor
to the office of the person elected to Commission Post No.
3 at the general election in 1984. The commissioner of Post
No. 3 shall serve until such time as a person is elected and
qualified for District No. 3.
(i) At the general election in 1988, there shall be an
election in Commission Districts No. 1 and No. 2 to choose
the successor to the offices of the persons elected to Commis-
sion Posts No. 1 and No. 2 at the general election in 1984.
The commissioners of Post No. 1 and No. 2 shall serve until
such time as persons are elected and qualified for Districts
No. 1 and No. 2, respectively.
(j) After the terms of office filled by the general election
in 1984 and the special election of the third Tuesday of Au-
gust, 1985, as called for above, successors to the members
of the board elected pursuant to this section 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, and:
(1) The commissioner elected from each commission
district shall be required to reside within the district,
and each commissioner shall be nominated or elected
GEORGIA LAWS 1985 SESSION
4361
in any election, whether it be primary, run-off, special,
or general, solely by the electors who reside in the voting
precincts electing the commissioners for the respective
commission districts; and
(2) The majority vote requirement shall continue
to be in effect for the election of members of the board
of commissioners as provided by state law.
(k) Those persons elected to Commission Posts No. 1,
No. 2, and No. 3 elected at the general election in 1984
shall continue in their offices as provided by law. However,
at the first meeting of the commission subsequent to the
special election held on the third Tuesday of August, 1985,
or at any subsequent meeting, the members of the commis-
sion may decide by majority vote to assign the members
elected to Commission Posts No. 1, No. 2, and No. 3 to repre-
sent Districts No. 1, No. 2, and No. 3, as described in subsec-
tion (d), in the event that:
(1) Any of the Districts No. 1, No. 2, and No. 3 do
not have a commissioner residing in said district;
(2) Any of the commissioners elected to Posts No.
1, No. 2, and No. 3 reside in a district from which there
is a commissioner elected solely by the electors of that
district; or
(3) Any two or more commissioners reside within
the same district;
provided that, if any commissioner elected to Commission
Post No. 1, No. 2, or No. 3 is the sole member of the commis-
sion residing in a district from which there is no commis-
sioner elected solely by the electors of that district, said
commissioner shall be assigned to be the representative of
that district.
(l) The person elected as chairman of the board of com-
missioners in the general election in 1984 shall serve as
chairman until the expiration of his term. Thereafter, at
the first regular meeting of the board of commissioners in
4362 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
January, 1989, and every January thereafter, the members
of the commission shall, by majority vote, select one of their
number to serve as chairman.
(m) Subsequent to the taking of the oath of office by
the persons elected at the special election of the third Tues-
day of August, 1985, three members of the board of commis-
sioners shall constitute a quorum to conduct and transact
business as a board. Each person elected and qualified to
hold office as a member of the board of commissioners elected
from a district shall receive the same annual compensation
and allowances as is now or shall hereafter be allotted for
each member of the board of commissioners. The chairman
of the board of commissioners shall continue to receive such
compensation or allowances as is now or shall hereafter be
allotted by law.
(n) Any vacancy on the board of commissioners shall
be filled under the appropriate provisions of state law; how-
ever, any persons seeking to fill a vacancy on the board
shall reside within the district in which the vacancy exists.
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
1985 session of the General Assembly of Georgia a bill to amend
an act creating the Board of Commissioners of Butts County,
Georgia, providing for five Commissioner Districts and seven
voting precincts, providing for the method of election of mem-
bers of the Board of Commissioners, and for other purposes.
This 1st day of February, 1985.
Larry Smith
Representative,
District 78
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Larry Smith, who, on oath,
GEORGIA LAWS 1985 SESSION
4363
deposes and says that he is Representative from the 78th Dis-
trict, and that the attached copy of Notice of Intention to Intro-
duce Local Legislation was published in the Jackson Progress-
Argus which is the official organ of Butts County, on the follow-
ing date: February 6, 1985.
/s/ Larry Smith
Representative,
78th District
Sworn to and subscribed before me,
this 19th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 27, 1985.
WASHINGTON COUNTY TAX COMMISSIONER;
COMPENSATION.
No. 284 (House Bill No. 950).
AN ACT
To amend an Act placing the tax commissioner of Washing-
ton County upon an annual salary, approved March 29, 1971
(Ga. L. 1971, p. 2292), as amended, particularly by an Act ap-
proved April 6, 1981 (Ga. L. 1981, p. 3997), so as to change
the compensation of the tax commissioner; to provide an effec-
tive date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
4364 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 1. An Act placing the tax commissioner of Wash-
ington County upon an annual salary, approved March 29,1971
(Ga. L. 1971, p. 2292), as amended, particularly by an Act ap-
proved April 6,1981 (Ga. L. 1981, p. 3997), is amended by striking
Section 2 thereof, relating to the salary of the tax commissioner,
and inserting in its place the following:
"Section 2. The governing authority of Washington
County shall fix the annual salary of the tax commissioner
in an amount not less than $18,000.00 and not more than
$30,000.00.
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 ap-
proval.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Notice of Intention to Apply For Passage of Local Bill.
Notice is hereby given that I will introduce into the 1985
General Assembly of Georgia a bill amending an act creating
the Office of Tax Commissioner of Washington County as
amended and for other purposes.
Jimmy Lord
Representative,
District 107
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 Dis-
trict, and that the attached copy of Notice of Intention to Intro-
duce Local Legislation was published in the Sandersville Prog-
ress which is the official organ of Washington County, on the
following date: February 7, 1985.
/s/ Jimmy Lord
Representative,
107th District
GEORGIA LAWS 1985 SESSION
4365
Sworn to and subscribed before me,
this 22nd day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 27, 1985.
JOHNSON COUNTY JUDGE OF THE PROBATE COURT;
CLERICAL ASSISTANCE.
No. 285 (House Bill No. 951).
AN ACT
To amend an Act placing the judge of the Probate Court
of Johnson County on a salary system, approved April 6, 1967
(Ga. L. 1967, p. 3000), as amended, so as to provide for clerical
assistance for that judge; 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 Johnson County on a salary system, approved April 6, 1967
(Ga. L. 1967, p. 3000), as amended, is amended by striking Sec-
tion 4 thereof, relating to operating expenses of the office, and
inserting in its place the following:
"Section 4. The necessary operating expenses of the
judge of the probate courts office, expressly including the
compensation of all personnel and employees, shall be paid
from any funds of the county available for such purpose.
All supplies, materials, furnishings, furniture, utilities, and
equipment, and the repair, replacement, and maintenance
thereof, as may be reasonably required in discharging the
4366 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 Johnson County, except that the judge of that court may
employ additional clerical assistance not exceeding three
such clerks.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
I intend to introduce into the 1985 Georgia General Assem-
bly a bill to amend the act creating the office of Probate Judge
in Johnson County so as to set clerical help and for other pur-
poses.
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 Dis-
trict, and that the attached copy of Notice of Intention to Intro-
duce Local Legislation was published in the Wrightsville Head-
light which is the official organ of Johnson County, on the
following date: February 14, 1985.
/s/ Jimmy Lord
Representative,
107th District
Sworn to and subscribed before me,
this 22nd day of February, 1985.
Is/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 27, 1985.
GEORGIA LAWS 1985 SESSION
4367
TOWN OF KITE COUNCILMEN; NUMBER CHANGED.
No. 286 (House Bill No. 954).
AN ACT
To amend an Act incorporating the Town of Kite in the
County of Johnson, approved September 11, 1891 (Ga. L. 1890-
91, Vol. 2, p. 755), as amended, particularly by an Act approved
March 18,1980 (Ga. L. 1980, p. 3505), so as to change the number
of councilmen; 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 Kite in the
County of Johnson, approved September 11, 1891 (Ga. L. 1890-
91, Vol. 2, p. 755), as amended, particularly by an Act approved
March 18, 1980 (Ga. L. 1980, p. 3505), is amended by striking
Section 3 thereof, relating to election of mayor and councilmen,
and inserting in its place the following:
"Section 3. The mayor and councilman serving as such
on July 1, 1985, shall serve out their terms of office and
until their successors are elected and qualified. On the first
Saturday in December, 1986, there shall be an election held
for mayor and three councilmen. The qualifications of elec-
tors for such election and the manner of conducting such
election shall be as provided in the 'Georgia Municipal Elec-
tion Code. The person or persons who shall receive the high-
est number of votes for either of the above-named officers
shall be declared duly elected. The marshal and clerk shall
be elected by the mayor and council immediately upon their
election or as soon thereafter as practicable. The mayor and
councilmen elected at such election shall serve for a term
of two years and until their successors are elected and quali-
fied. Thereafter, the mayor and councilmen shall be elected
on the first Saturday in December in each even-numbered
year to serve for a term of two years and until their succes-
sors are elected and qualified. The mayor and councilmen
shall assume office on January 1 following their election.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
4368 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
I intend to introduce into the 1985 Georgia General Assem-
bly a bill to amend the charter of the City of Kite with regard
to number of council and for other purposes.
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 Dis-
trict, and that the attached copy of Notice of Intention to Intro-
duce Local Legislation was published in the Wrightsville Head-
light which is the official organ of Johnson County, on the
following date: February 14, 1985.
/s/ Jimmy Lord
Representative,
107th District
Sworn to and subscribed before me,
this 22nd day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 27, 1985.
GEORGIA LAWS 1985 SESSION
4369
STATE COURT OF DeKALB COUNTY ASSISTANT
SOLICITOR.
No. 287 (House Bill No. 955).
AN ACT
To amend an Act creating the State Court of DeKalb County
(formerly the Civil and Criminal Court of DeKalb County), ap-
proved February 14, 1951 (Ga. L. 1951, p. 2401), as amended,
particularly by an Act approved March 19, 1984 (Ga. L. 1984,
p. 4343), so as to provide for the appointment of an additional
assistant solicitor of said court; to provide an effective date; to
repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act creating the State Court of 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 19, 1984 (Ga.
L. 1984, p. 4343), is amended by striking Section 6A in its en-
tirety 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 eight assistant solici-
tors. Such assistant solicitors may be removed by the solici-
tor. 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 commission-
ers 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 ap-
proval by the Governor or upon its becoming law without his
approval.
4370 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Notice of Intention to Apply for Local Legislation.
Notice is hereby given of intention to apply for local legisla-
tion at the regular session of the General Assembly of Georgia,
1983, such legislation being an act to amend an Act approved
February 14, 1951, (Ga. L. 1961, 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 additional Assistant Solicitors, to provide for the
acceptance by the Clerk of court costs upon dismissal of criminal
cases and recall of bench warrants; repeal conflicting laws; and
for other purposes.
This 14th Day of December, 1984.
Ralph Bowden
Solicitor, State Court
DeKalb County, Georgia
Publishers Certificate.
State of Georgia.
County of DeKalb.
Personally appeared before the undersigned, a notary public
within and for said county and State, Gerald Wm. Crane, Co-
publisher of Decatur DeKalb NewsEra, a newspaper publisher
at Decatur, county of DeKalb, State of Georgia who, being duly
sworn, states on oath that the report of Notice of Intention to
apply for Local Legislation, a true copy of which is hereto an-
nexed, was published in said newspaper in its issue of the 27th
day of December, 1984.
/s/ Gerald W. Crane
Publisher
(by) Lenagray Milner
Agent
GEORGIA LAWS 1985 SESSION
4371
Sworn to and subscribed before me,
this 29th day of January, 1985.
/s/ B. Lynn Crane
Notary Public.
My Commission expires January 3, 1986.
(Seal).
Approved March 27, 1985.
CITY OF ATLANTA REDEVELOPMENT POWERS;
REFERENDUM.
No. 288 (House Bill No. 957).
AN ACT
To amend an Act reincorporating the City of Atlanta in
the Counties of Fulton and DeKalb and creating a new charter
for that city, approved March 16, 1973 (Ga. L. 1973, p. 2188),
as amended, so as to authorize the city to have and be authorized
to exercise all redevelopment and other powers authorized or
granted municipalities pursuant to the "Redevelopment Powers
Law, as now or hereafter amended, and provide for certain
such powers; to provide for an effective date; to provide for a
definition and for a referendum; to repeal conflicting laws; and
for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act reincorporating the City of Atlanta in
the Counties of Fulton and DeKalb and creating a new charter
for that city, approved March 16, 1973 (Ga. L. 1973, p. 2188),
as amended, is amended by adding at the end of Section 1-102
thereof a new subsection (d) to read as follows:
4372 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
"(d) The city shall have and be authorized to exercise
all redevelopment and other powers authorized or granted
municipalities pursuant to the 'Redevelopment Powers Law,
as now or hereafter amended, provided for by House Bill
430, as passed by the General Assembly of Georgia, which
bill was introduced at the 1985 regular session of the Georgia
General Assembly. These powers shall include without being
limited to all redevelopment powers, the power to issue tax
allocation bonds and incur other obligations without such
bonds or obligations constituting debt within the meaning
of Article IX, Section V of the Constitution, and the power
to enter into contracts with private persons, firms, corpora-
tions, and business entities for the period specified in the
'Redevelopment Powers Law.
Section 2. For purposes of this section, "HB 430 means
House Bill 430, introduced during the 1985 regular session of
the Georgia General Assembly, which bill creates the "Redevel-
opment Powers Law. If HB 430 does not become law by the
sixtieth day prior to the date of the City of Atlanta general
election in 1985, Section 1 of this Act shall not be effective or
of any force and effect. If HB 430 becomes law at least 60 days
prior to the date of the City of Atlanta general election in 1985,
then not less than 30 nor more than 60 days prior to the date
of that election it shall be the duty of the election superintendent
of the City of Atlanta to issue the call for a special election
for the purpose of submitting this Act to the electors of the
City of Atlanta for approval or rejection. The superintendent
shall set the date of the special election for the same date as
that city general election in 1985. The election superintendent
of the City of Atlanta shall cause the date and purpose of the
election to be published once a week for two weeks immediately
preceding the date thereof in the official organ of Fulton County.
The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act authorizing the City of
Atlanta to have and to exercise all
( ) NO redevelopment and other powers au-
thorized or granted municipalities
pursuant to the 'Redevelopment Pow-
ers Law, as now or hereafter
amended, be approved?
GEORGIA LAWS 1985 SESSION
4373
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 upon the later of the
effective date of HB 430 or the date the results of the election
pursuant to this section are certified to the Secretary of State;
otherwise Section 1 of this Act shall be void and of no force
and effect.
The expense of any such election shall be borne by the City
of Atlanta. It shall be the duty of the election superintendent
thereof to hold and conduct such election and to certify the
result thereof to the Secretary of State.
Section 3. Except for Section 1 of this Act, this Act shall
become effective upon its approval by the Governor or upon
its becoming law without his approval. Section 1 of this Act
shall become effective only under the terms and conditions speci-
fied in Section 2 of this Act.
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 Atlanta, the Atlanta
Board of Education and the Atlanta Independent Public School
System as a part of Such City, intend to apply for the passage
of local legislation at the 1985 Session of the General Assembly
of Georgia, which convenes on Monday, January 14, 1985, to
amend the Charter of the City of Atlanta, including the laws
applicable to the Atlanta Board of Education and the Atlanta
Independent Public School System, the title of such bill or bills
to be as follows:
"An Act to amend an Act reincorporating the City of Atlanta
in the Counties of Fulton and Dekalb, creating a new Charter
for such City and for other purposes, approved March 16, 1973
(Ga. L. 1973, p. 2188), as amended, and for other purposes;
and/or "An Act to amend an Act to reorganize the Board of
Education of the City of Atlanta; to create a new structure for
the Atlanta School System; to provide for the officials and em-
ployees of the Atlanta School System; and for other purposes,
4374 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
approved March 16, 1973 (Ga. L. 1973, p. 2167), as amended,
and for other purposes.
This 16th day of January, 1985.
William M. (Bill) Alexander
Legislative Coordinator,
City of Atlanta
Tom Keating
Legislative Coordinator,
Atlanta Board of Education
Atlanta Independent
School System
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Paul Bolster, who, on oath,
deposes and says that he is Representative from the 30th Dis-
trict, and that the attached copy of Notice of Intention to Intro-
duce Local Legislation was published in the Fulton County Daily
Report which is the official organ of Fulton County, on the follow-
ing date: January 16, 1985.
/s/ Paul Bolster
Representative,
30th District
Sworn to and subscribed before me, this 22nd day of February,
1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 27, 1985.
GEORGIA LAWS 1985 SESSION
4375
CITY OF DOUGLASVILLE MAYOR AND COUNCILMEN;
ELECTIONS.
No. 289 (House Bill No. 958).
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 29, 1984
(Ga. L. 1984, p. 5137), so as to change the provisions relating
to the election of the mayor and councilmen; to require candi-
dates for the office of mayor to receive a majority of the votes
cast for such office to be elected; to require candidates for the
office of councilmen to receive the most votes cast for such posi-
tion to be elected; to repeal conflicting laws; and for other pur-
poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act creating a new charter for the City of
Douglasville, approved March 9, 1972 (Ga. L. 1972, p. 2219),
as amended, particularly by an Act approved March 29, 1984
(Ga. L. 1984, p. 5137), is amended by striking subsection (b) of
Section 2.03 of said Act and inserting in lieu thereof a new
subsection (b) to read as follows:
"(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
% 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 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
4376 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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, council-
man from a ward, or councilman at large must designate
which position he seeks. The candidate for the office of mayor
who receives the majority of the votes cast for that position
shall be elected. The candidate for each position as a council-
man who receives the most votes cast for that position shall
be elected.
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 1985 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. 2219),
as amended, so as to change certain provisions relating to elec-
tions, to provide for all matters relative to the foregoing and
for other purposes.
This the 5th day of February, 1985.
Joel E. Dodson
Attorney for City of
Douglasville
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 14, 1985.
/s/ Thomas M. Kilgore
Representative,
42nd District
GEORGIA LAWS 1985 SESSION
4377
Sworn to and subscribed before me,
this 22nd day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 27, 1985.
CITY OF OLIVER NEW CHARTER.
No. 290 (House Bill No. 959).
AN ACT
To reincorporate and provide a new charter for the City of
Oliver in Screven County; to provide for the corporate limits
of the city, the powers of the city, the form and method of govern-
ment of the city, the administration of city affairs, the municipal
court of the city, elections for city offices, taxation by the city,
and the financial management of the city; to provide for all
related matters; 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 and Powers
Section 1.10. Incorporation. The City of Oliver in Scre-
ven County is reincorporated by the enactment of this charter
and is constituted and declared a body politic and corporate
under the name of the "City of Oliver. References in this char-
ter to "the city or "this city refer to the City of Oliver. The
city shall have perpetual existence.
4378 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 1.11. Corporate boundaries, (a) The boundaries
of this city shall be a circle one mile in diameter with its center
being the midpoint of the intersection of State Highways 17
and 24, with such alterations as may be made from time to
time by local law or in the manner provided by general law.
The boundaries of this city at all times shall be shown on a
map, a written description, or any combination thereof, to be
retained permanently in the office of the mayor of the city and
to be designated, as the case may be: "Official Map or Description
of the Corporate Limits of the City of Oliver, Georgia. Photo-
graphic, typed, or other copies of such map or description certi-
fied by the mayor shall be admitted as evidence in all courts
and shall have the same force and effect as the original map
or description.
(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 but
such earlier maps shall be retained in the office of the mayor.
Section 1.12. Powers and construction, (a) This city
shall have all powers possible for a city to have under the present
or future Constitution and laws of this state as fully and com-
pletely as though they were specifically enumerated in this char-
ter.
(b) The powers of this city shall be construed liberally in
favor of the city. The specific mention or failure to mention
particular powers shall not be construed as limiting in any way
the powers of this city.
Section 1.13. Examples of powers. The powers of this city
shall include, but are not limited to, the following powers:
(1) Ad valorem taxation: to levy, assess, and collect
ad valorem taxes on all taxable property in the city;
(2) Other taxes: to levy, assess, and collect other
taxes allowed by general law;
(3) Business regulation and taxation: to levy, assess,
and collect occupational and business taxes and to license
and regulate occupations and businesses;
GEORGIA LAWS 1985 SESSION
4379
(4) Appropriations: to make appropriations and ex-
pend funds for support of the city and any other lawful
purpose;
(5) Municipal debts: to borrow money and issue
bonds as authorized by general law;
(6) Property: to own property and interests in prop-
erty;
(7) Gifts: to accept gifts and grants for any purpose
related to the powers and duties of the city on such terms
as the donor may impose;
(8) Condemnation: to condemn property inside or
outside the city for present or future use;
(9) Municipal utilities: to acquire, lease, operate,
and dispose of public utilities;
(10) Public utilities: to grant franchises or make con-
tracts for public utilities and to prescribe the conditions
of such franchises and contracts;
(11) Roadways: to open, maintain, improve, and close
streets and roads and to grant franchises and rights of
way thereon;
(12) Public facilities: to acquire, operate, and dispose
of public buildings, public projects, parks, cemeteries, golf
courses, and other public improvements inside or outside
the city;
(13) Sidewalk maintenance: to require real-estate
owners to repair and maintain sidewalks adjoining their
land;
(14) Building regulation: to regulate the building
trades and the construction of buildings and to adopt
and enforce building, housing, plumbing, electrical, gas,
heating, and air-conditioning codes;
(15) Planning and zoning: to provide for city planning
by zoning, subdivision regulation, and the like;
4380 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(16) Police power: to exercise the police power for
the public safety and well-being of the city;
(17) Roadside regulation: to prohibit or regulate
signs, billboards, and other items upon or adjacent to
streets and roads;
(18) Health: to prescribe and enforce health and sani-
tation standards;
(19) Pollution: to regulate emissions which pollute
the air and water;
(20) Fire safety: to fix fire limits and to prescribe and
enforce fire-safety regulations;
(21) Public hazards: to provide for the destruction
or removal of public hazards;
(22) Waste disposal: to provide for and regulate the
collection, disposal, and recycling of garbage and wastes;
(23) Garbage fees: to fix and collect garbage fees;
(24) Sewer fees: to fix and collect sewer fees;
(25) Nuisances: to define and provide for the abate-
ment of nuisances;
(26) Property protection: to preserve and protect the
property of the city;
(27) Prisoners: to provide for public work by munici-
pal prisoners and for their confinement;
(28) Animal control: to regulate or prohibit the keep-
ing of animals;
(29) Motor vehicles: to regulate the operation and
parking of motor vehicles;
(30) Taxicabs: to regulate vehicles operated for hire
in the city;
GEORGIA LAWS 1985 SESSION
4381
(31) Special assessments: to levy, assess, and collect
special assessments to cover the cost of public improve-
ments;
(32) Contracts: to enter into lawful contracts and
agreements;
(33) City agencies: to create, alter, or abolish depart-
ments, boards, offices, commissions, and agencies of the
city and to confer appropriate authority upon them;
(34) Penalties: to provide penalties for violations of
municipal ordinances;
(35) Police and fire protection: to exercise the power
of arrest through appointed policemen and to operate
a fire department;
(36) Emergencies: to provide for the determining,
proclamation, and combating of emergencies;
(37) Urban redevelopment: to organize and operate
an urban redevelopment program;
(38) Public transportation: to organize and operate
public transportation systems;
(39) General health, safety, and welfare: to define,
regulate, and prohibit any act, practice, conduct, or use
of property which is detrimental to health, sanitation,
cleanliness, welfare, and safety of the inhabitants of the
city; and
(40) Other powers: to exercise and enjoy all other
powers, functions, rights, privileges, and immunities nec-
essary or desirable to promote or protect the safety or
general welfare of the city and its inhabitants; to exercise
all implied powers necessary to carry into execution all
powers granted in this charter; and to exercise all powers
now or in the future authorized to be exercised by other
municipal governments under other laws of the State
of Georgia. No listing of particular powers in this charter
shall be held to be exclusive of others nor restrictive of
general words and phrases granting powers.
4382 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 1.14. Exercise of powers. All powers, functions,
rights, privileges, and immunities of the city, its officers, agen-
cies, or employees shall be carried into execution as provided
by the Constitution of Georgia, by general law, or by this charter.
If general law and this charter make no provision, such shall
be carried into execution as provided by ordinance.
Article II
Government Structure
Section 2.10. City council creation; composition; number;
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 members of the city council shall serve for terms
of two years and until their respective successors are elected
and qualified. No person shall be eligible to serve as mayor or
council member unless he or she is a qualified municipal voter
and shall have been a resident of the city for six months immedi-
ately prior to the date of his or her election. The mayor and
each council member shall continue to reside therein during
their period of service.
Section 2.12. Vacancy; filling of vacancies, (a) The office
of mayor or council member shall become vacant upon the in-
cumbents death, resignation, forfeiture of office, or removal
from office in any manner authorized by this charter or the
general laws of the State of Georgia.
(b) A vacancy in the office of mayor or council member
shall be filled for the remainder of the unexpired term, if any,
as provided for in Article V.
Section 2.13. Compensation and expenses, (a) Until
changed as provided in subsection (b) the mayor and council
members shall continue to receive the same compensation to
which they were entitled immediately prior to the effective date
of this charter.
GEORGIA LAWS 1985 SESSION
4383
(b) The compensation of the mayor and council members
may be changed by ordinance; but any increase shall be subject
to Code Section 36-35-4 of the O.C.G.A. or any similar law here-
after enacted.
(c) The mayor and council members shall be entitled to
receive their actual and necessary expenses incurred in the per-
formance of their duties of office.
Section 2.14. Holding other office. Except as authorized
by general law, the mayor or any council member shall not
hold any other city office or city employment during the term
for which he or she was elected.
Section 2.15. Conflict of interest, (a) No elected official,
appointed officer, or employee of the city or any agency or politi-
cal entity to which this charter applies shall knowingly:
(1) Engage in any business or transaction or have
a financial or other personal interest, direct or indirect,
which is incompatible with the proper discharge of his
or her official duties or which would tend to impair his
or her independence of judgment or action in the perfor-
mance of his or her official duties;
(2) Engage in or accept private employment or ren-
der services for private interests when such employment
or service is incompatible with the proper discharge of
his or her official duties or would tend to impair the
independence of his or her judgment or action in the
performance of his or her official duties;
(3) Disclose confidential information concerning the
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 herself
or others;
(4) Accept any valuable gift, whether in the form
of service, loan, thing, or promise, from any person, firm,
or corporation which to his or her knowledge is inter-
ested, directly or indirectly, in business dealings with
the governmental body by which he or she is engaged;
4384 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
provided, however, that an elected official who is a candi-
date 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 gov-
ernment; or
(6) Vote or otherwise participate in the negotiation
or the making of any contract with any business or entity
in which he or she has a financial interest.
(b) Any elected official, appointed officer, or employee who
shall have any private financial interest, directly or indirectly,
in any contract or matter pending before or within any depart-
ment 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 en-
tered 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 char-
ter 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 pro-
mulgated 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.
(e) (1) Any city officer or employee who knowingly con-
ceals such financial interest or knowingly violates any of
the requirements of this section shall be guilty of malfea-
GEORGIA LAWS 1985 SESSION
4385
sance in office or position and shall be deemed to have for-
feited his or her office or position.
(2) Any officer or employee of the city who shall forfeit
his or her office or position as described in paragraph (1)
above, shall be ineligible for appointment or election to, or
employment in, a position in the city government for a period
of three years thereafter.
Section 2.16. Inquiries and investigations. The city coun-
cil 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 pun-
ished as provided by ordinance.
Section 2.17. General power and authority of the city coun-
cil. Except as otherwise provided by this charter, the city coun-
cil shall be vested with all the powers of government of this
city as provided by Article I.
Section 2.18. Organization meeting. The city council
shall meet for organization on the first Monday in January of
each year or as soon thereafter as practicable. The meeting
shall be called to order by the city clerk and the oath of office
shall be administered to the newly elected members as follows:
"I do solemnly swear (or affirm) that I will faithfully
perform the duties of (mayor or council member as the case
may be) of this city and that I will support and defend the
charter thereof as well as the Constitution and laws of the
State of Georgia and of the United States of America.
Section 2.19. Regular and special meetings, (a) The city
council shall hold regular meetings at such times and places
as prescribed by ordinance.
(b) Special meetings of the city council may be held on
call of the mayor or three members of the city council. Notice
of such special meetings shall be served on all other members
personally, or by telephone personally, at least 24 hours in ad-
4386 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
vance of the meeting. Such notice to council members shall
not be required if the mayor and all council members are present
when the special meeting is called. Such notice of any special
meeting may be waived by a council member in writing before
or after such a meeting, and attendance at the meeting shall
also constitute a waiver of notice on any business transacted
in such council members presence. Except where waiver by
all members is effected by their presence or in writing, only
the business stated in the call may be transacted at the special
meeting.
(c) All meetings of the city council shall be public to the
extent required by general law and notice to the public of all
meetings shall be made as required by general law.
Section 2.20. Rules of procedure, (a) The city council
shall adopt its rules of procedure and order of business consistent
with the provisions of this charter and shall provide for keeping
minutes of its proceedings, which shall be a public record.
(b) All committees and committee chairmen and officers
of the city council shall be appointed by the mayor. The mayor
shall have the power to remove members of any committee and
the power to appoint new members to any committee, at any
time, within the mayors discretion.
Section 2.21. Quorum; voting. Three council members
and the mayor or mayor pro tempore shall constitute a quorum
and shall be authorized to transact business of the city council.
Voting on the adoption of ordinances shall be taken by voice
vote and the ayes and nays shall be recorded in the minutes,
but any member of the city council shall have the right to re-
quest a roll-call vote. The affirmative vote of a majority of the
votes cast shall be required for the adoption of any ordinance,
resolution, or motion except as otherwise provided in this char-
ter. The mayor, or mayor pro tempore if presiding, shall be
entitled to vote only in the case of a tie.
Section 2.22. Ordinance form; procedure, (a) Every pro-
posed ordinance shall be introduced in writing and in the form
required for final adoption. The enacting clause shall be: "The
Council of the City of Oliver hereby ordains. . . and every ordi-
nance shall so begin.
GEORGIA LAWS 1985 SESSION
4387
(b) An ordinance may be introduced by any council member
and read at a regular or special meeting of the city council.
(c) Upon passage, all ordinances shall be signed by the
mayor, or mayor pro tempore if presiding, and the city clerk.
(d) Failure to comply with the technical requirements of
this section shall not invalidate an ordinance if the intention
of the governing authority that the ordinance be effective is
evident.
Section 2.23. Action requiring an ordinance. In addition
to other acts required by general law or by specific provisions
of this charter to be done by ordinance, acts of the city council
which have the force and effect of law shall be done by ordinance.
Section 2.24. Emergencies. To meet a public emergency
affecting life, health, property, or public peace, the city council
may convene on call of the mayor or three council members
and promptly adopt an emergency ordinance, but such ordi-
nance may not levy taxes, grant, renew, or extend a franchise,
regulate the rate charged by any public utility for its services,
or authorize the borrowing of money except for loans to be repaid
within 30 days. An emergency ordinance shall be introduced
in the form prescribed for ordinances generally, except that it
shall be plainly designated as an emergency ordinance and shall
contain, after the enacting clause, a declaration stating that
an emergency exists and describing it in clear and specific terms.
It shall become effective upon adoption or at such later time
as it may specify. Every emergency ordinance shall automati-
cally stand repealed 30 days following the date upon which it
was adopted, but this shall not prevent reenactment of the ordi-
nance 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 regula-
tions by reference thereto in an adopting ordinance. The proce-
dure and requirements governing such adopting ordinance shall
be as prescribed for ordinances generally.
4388 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(b) Copies of any adopted code of technical regulations shall
be made available by the clerk for distribution or for purchase
at a reasonable price.
Section 2.26. Signing; authenticating; recording; codifica-
tion; printing, (a) The clerk shall authenticate by his or her
signature and record in full in a properly indexed book kept
for the purpose all ordinances adopted by the council.
(b) The city council shall provide for the preparation of a
general codification of all of the ordinances of the city having
the force and effect of law. The general codification shall be
adopted by the city council and shall be published as soon as
is practicable, together with all amendments thereto and such
codes of technical regulations and other rules and regulations
as the city council may specify. This compilation shall be known
and cited officially as "The Code of the City of Oliver, 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 published as soon as is practica-
ble following its adoption, and the published ordinances and
charter amendments shall be made available for purchase by
the public at reasonable prices to be fixed by the city council.
Following publication of the first code under this charter and
at all times thereafter, the 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 distribu-
tion of any current changes in or additions to codes of technical
regulations and other rules and regulations included in the code.
Section 2.27. Election of mayor; forfeiture; compensa-
tion. The mayor shall be elected and serve for a term of two
years and until his or her successor is elected and qualified.
He or she shall be a qualified elector of this city and shall have
been a resident of this city for at least six months immediately
preceding his or her election. He or she shall continue to reside
in this city during the period of his or her service. He or she
shall forfeit his or her office on the same grounds and under
the same procedure as for council members. The compensation
GEORGIA LAWS 1985 SESSION
4389
of the mayor shall be established in the same manner as for
council members.
Section 2.28. Chief executive officer. The mayor shall be
the chief executive of this city. He or she shall possess all of
the executive and administrative powers granted to the city
under the Constitution and laws of the State of Georgia and
all the executive and administrative powers contained in this
charter.
Section 2.29. 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) Preside at all meetings of the mayor and council
and have the right to take part in the deliberations of
said board, but shall not vote on any question except
in the case of a tie;
(3) Sign all deeds and contracts, except deeds for
property sold under execution at public sale;
(4) Be clothed with veto power as hereinafter set
out;
(5) Keep the council advised from time to time of
the general condition of the city and recommend such
measures as he or she may deem necessary or expedient
for the welfare of the city; and
(6) Call the council together at any time when
deemed necessary by him or her.
Section 2.30. Mayor pro tempore. The city council shall
elect by a majority vote from among its members a mayor pro
tempore who shall assume the duties and powers of the mayor
upon the mayors disability or absence.
Section 2.31. Veto power. Every ordinance and resolu-
tion passed and every election of an officer or employee by the
mayor and council shall be subject to the veto of the mayor
in the following manner: The mayor shall within three days
write out his or her objections to such resolution, ordinance,
or election and the mayor and council shall, at the next regular
4390 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
or called meeting at which a quorum shall be present, order
said objections entered on the minutes and take a vote on the
question as to whether said ordinance, resolution, or other action
shall become adopted over said veto. Should as many as three
council members vote in the affirmative, said resolution, ordi-
nance, or other action shall stand affirmed and become effective
without the approval of the mayor; otherwise, not. The ayes
and nays shall in all cases be entered on the minutes.
Article III
Administrative Affairs
Section 3.10. Administrative and service departments,
(a) Except as otherwise provided in this charter, the city coun-
cil, by ordinance, shall prescribe the functions or duties of and
establish, abolish, or alter all nonelective offices, positions of
employment, departments, and agencies of the city as necessary
for the proper administration of the affairs and government
of this city.
(b) Except as otherwise provided by this charter or general
law or federal law, the directors of departments and other ap-
pointed officers of the city shall be appointed solely on the basis
of their respective administrative and professional qualifica-
tions.
(c) All appointive officers and directors of departments
shall receive such compensation as prescribed by ordinance.
(d) There shall be a director of each department or agency
who shall be its principal officer. Each director shall, subject
to the direction and supervision of the mayor and council, be
responsible for the administration and direction of the affairs
and operations of his or her department or agency.
Section 3.11. Boards, commissions, and authorities,
(a) The city council shall create by ordinance such boards, com-
missions, and authorities to fulfill any investigative, quasi-judi-
cial, or quasi-legislative functions as the city council deems nec-
essary 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,
GEORGIA LAWS 1985 SESSION
4391
except where other appointing authority, term of office, or man-
ner of appointment is prescribed by this charter or general law.
(c) The city council, by ordinance, may provide for the com-
pensation and reimbursement for actual and necessary expenses
of the members of any board, commission, or authority.
(d) Except as specifically authorized by general law, no
member of any board, commission, or authority shall hold any
elective office in the city.
(e) Any vacancy on a board, commission, or authority of
the city shall be filled for the unexpired term in the manner
prescribed herein for original appointment, except as otherwise
provided by this charter, by general law, or by ordinance.
(f) No member of a board, commission, or authority shall
assume office until he or she has executed and filed with the
clerk of the city an oath obligating himself or herself to faithfully
and impartially perform the duties of his or her office, such
oath to be prescribed by ordinance and administered by the
mayor.
(g) Any member of a board, commission, or authority may
be removed from office for cause by a majority vote of the city
council.
(h) Except as otherwise provided by this charter or by gen-
eral law, each board, commission, or authority of the city shall
elect one of its members as chairman and one member as vice-
chairman and one member as secretary. Each board, commis-
sion, or authority of the city government may establish such
bylaws, rules, and regulations, not inconsistent with this char-
ter, ordinances of the city, or general law, as it deems appropri-
ate 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 ap-
point 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 de-
fending the city in all litigation in which the city is a party;
may be the prosecuting officer in the municipal court; shall
4392 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
attend the meetings of the council as directed; shall advise the
city council, mayor, and other officers and employees of the
city concerning legal aspects of the citys affairs; and shall per-
form such other duties as may be required of him or her by
virtue of his or her position as city attorney.
Section 3.13. City clerk. The city council shall appoint
a city clerk who shall not be a council member. The city clerk
shall be custodian of the official city seal, maintain city council
records required by this charter, and perform such other duties
as may be required by the city council.
Section 3.14. City treasurer. The city council shall ap-
point a city treasurer to perform the duties of a treasurer and
fiscal officer.
Section 3.15. Personnel policies. The city council may
adopt rules and regulations consistent with this charter concern-
ing:
(1) The method of employee selection and probation-
ary 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 man-
ner in which layoff shall be effected;
(4) Such dismissal hearings as due process may re-
quire; and
(5) Such other personnel policies as may be neces-
sary 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 Oliver. The
GEORGIA LAWS 1985 SESSION
4393
court shall be inactive until such time as the city council, in
its discretion, elects to provide for the appointment of a judge
by appropriate ordinance.
Section 4.11. Chief judge; associate judge, (a) The mu-
nicipal court shall be presided over by a chief judge and such
part-time, full-time, or stand-by associate judges as shall be pro-
vided by ordinance. The method of selection and terms of such
judges shall be provided by ordinance.
(b) No person shall be qualified or eligible to serve as a
judge on the municipal court unless he or she shall have attained
the age of 21 years. Members of the State Bar of Georgia shall
be given preference in selection, but such membership is not
required. 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 on duties of his or her office, each judge
shall take an oath given by the mayor that he or she will hon-
estly and faithfully discharge the duties of his or her office to
the best of his or her ability without fear, favor, or partiality.
The oath shall be entered upon the minutes of the city council.
Section 4.12. Convening. The municipal court shall be
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.
Ob) The municipal court shall have authority to punish
those in its presence for contempt, provided that such punish-
ment shall not exceed $100.00 or 15 days in jail.
(c) The municipal court may fix punishment for offenses
within its jurisdiction not exceeding a fine of $500.00 or impris-
onment for 30 days or both or may sentence any offender upon
conviction to labor for the city on the streets, sidewalks, squares,
or other public places for a period not exceeding 60 days.
(d) The municipal court shall have authority to establish
a schedule of fees to defray the cost of operation and shall be
4394 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
entitled to reimbursement of the cost of meals, transportation,
and caretaking of prisoners bound over to superior courts for
violations of state law.
(e) The municipal court shall have authority to establish
bail and recognizances to ensure the presence of those charged
with violations before said court and shall have discretionary
authority to accept cash or personal or real property as surety
for the appearance of persons charged with violations. Whenever
any person shall give bail for his or her appearance and shall
fail to appear at the time fixed for trial, his or her bond shall
be forfeited by the judge presiding at such time. In the event
that cash or property is accepted in lieu of bond for security
for the appearance of a defendant at trial and if such defendant
fails to appear at the time and place fixed for trial, the cash
so deposited shall be on order of the judge declared forfeited
to the city, or the property so deposited shall have a lien against
it for the value forfeited, which lien shall be enforceable in
the same manner and to the same extent as a lien for city
property taxes.
(f) The municipal court shall have the authority to bind
prisoners over to the appropriate court when it appears by prob-
able 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 pos-
session of any party, to enforce obedience to its orders, judg-
ments, and sentences, and to administer such oaths as are neces-
sary.
(h) The municipal court may compel the presence of all
parties necessary to a proper disposal of each case by the is-
suance of summonses, subpoenas, and warrants which may be
served as executed by any officer as authorized by this charter
or by general law. All judges of the municipal court and the
city clerk are authorized to issue warrants for the arrest of
persons charged with offenses against any ordinance of the city.
(i) Each judge of the municipal court shall have the same
authority as a magistrate to issue warrants for offenses against
state laws committed within the city.
(j) The municipal court is specifically vested with all of
the jurisdiction and powers throughout the entire area of this
GEORGIA LAWS 1985 SESSION
4395
city granted by general law to mayors, recorders, and police
courts, and particularly by such laws as authorize the abatement
of nuisances and prosecution of traffic violations.
Section 4.14. Certiorari. The right of certiorari from the
decision and judgment of the municipal court shall exist in all
criminal cases, and such certiorari shall be obtained under the
sanction of a judge of the Superior Court of Screven 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 mu-
nicipal 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 and shall be available for public inspection and,
upon request, a copy shall be furnished to all defendants in
municipal court proceedings.
Article V
Elections
Section 5.10. Applicability of general law. All primaries
and elections shall be held and conducted in accordance with
Chapter 3 of Title 21 of the O.C.G.A., known as the "Georgia
Municipal Election Code, as now or hereafter amended.
Section 5.11. Posts. Council members shall be elected at
large and shall qualify for posts designated as Post 1, Post 2,
Post 3, Post 4, and Post 5.
Section 5.12. Regular elections; time for holding, (a) On
the first Tuesday in December, 1985, and on that day annually
thereafter, there shall be an election for successors to the council
members and mayor, if applicable, whose terms will expire the
following January. The terms of office shall begin at the time
of taking the oath of office as provided in Section 2.18 of this
charter.
4396 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(b) The mayor and the council members from Posts 4 and
5 shall be elected in 1986 and in every even-numbered year
thereafter.
(c) The council members from Posts 1, 2, and 3 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 5.13. Vacancies; special elections. 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 by majority vote elect a successor to fill the vacancy. The
successor shall serve until the position is filled by regular or
special election. If the position is not to be elected at the next
regular election, a special election shall be held simultaneously
with the next regular election to fill the vacancy for the remain-
der of the unexpired term. In all other respects, the special
elections shall be held and conducted in accordance with Chap-
ter 3 of Title 21 of the O.C.G.A., known as the "Georgia Munici-
pal 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. Persons receiving the
plurality of the votes cast for any city office shall be elected.
Article VI
Finance
Section 6.10. Property tax. The city council may assess,
levy, and collect an ad valorem tax on all real and personal
property within the corporate limits of the city that is subject
to such taxation by the state and county. This tax is for the
purpose of raising revenues to defray the costs of operating the
city government, providing governmental services, for the re-
payment of principal and interest on general obligations, and
for any other public purpose as determined by the city council
in its discretion.
GEORGIA LAWS 1985 SESSION
4397
Section 6.11. Millage rate; due dates; payment meth-
ods. 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 and may authorize the voluntary payment
of taxes prior to the time when due.
Section 6.12. Occupation and business taxes. The city
council, by ordinance, shall have the power to levy such occupa-
tion or business taxes as are not denied by general 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, profes-
sions, 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 law in such a way as to pre-
clude city regulation. Such fees, if unpaid, shall be collected
as provided in Section 6.18. The city council, by ordinance, may
establish reasonable requirements for obtaining or keeping such
licenses as the public health, safety, and welfare necessitates.
Section 6.14. Franchises. The city council shall have the
power to grant franchises for the use of the citys streets and
alleys for the purposes of railroads, street railways, telephone
companies, electric companies, cable television, gas companies,
transportation 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.
Section 6.15. Service charges. The city council, by ordi-
nance, shall have the power to assess and collect fees, charges,
and tolls for sewer, sanitary, health services, or any other ser-
4398 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
vices rendered inside and outside the corporate limits of the
city. If unpaid, such charges shall be collected as provided in
Section 6.18.
Section 6.16. Special assessments. The city council, by
ordinance, shall have the power to assess and collect the cost
of constructing, reconstructing, widening, or improving any pub-
lic 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 collec-
tion of delinquent taxes, fees, or other revenue due the city
by whatever reasonable means as are not precluded by general
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 provid-
ing 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 govern-
ing bond issuances by municipalities in effect at the time said
issue is undertaken.
Section 6.20. Revenue bonds. Revenue bonds may be is-
sued by the city council as state law now or hereafter provides.
Such bonds are to be paid out of any revenue produced by the
project, program, or venture for which they were issued.
Section 6.21. Short-term loans. Any short-term loan ob-
tained by the city must be repaid by December 31 of the year
GEORGIA LAWS 1985 SESSION
4399
in which the loan was obtained unless otherwise provided by
present or future state law.
Section 6.22. Fiscal year. The city council shall set the
fiscal year by ordinance. This fiscal year shall constitute the
budget year and the year for financial accounting and reporting
of each and every office, department, agency, and activity of
the city government, unless otherwise provided by general or
federal law.
Section 6.23. Action by city council on budget, (a) The
city council shall adopt and may thereafter amend an annual
budget, except that the budget as finally adopted and amended
must provide for all expenditures required by state law or by
other provisions of this charter and for all debt service require-
ments 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 bud-
get for the ensuing fiscal year not later than the first day of
the fiscal year. If the city council fails to adopt the budget by
this date, the amounts appropriated for operation for the current
fiscal year shall be deemed adopted for the ensuing fiscal year
on a month-to-month basis, with all items prorated accordingly
until such time as the city council adopts a budget for the ensu-
ing fiscal year. Such adoption shall take the form of an appropri-
ations ordinance setting out the estimated revenues in detail
by sources and making appropriations according to fund and
by organizational unit, purpose, or activity.
(c) The amount set out in the adopted budget for each orga-
nizational unit shall constitute the annual appropriation for
such; and no expenditure shall be made or encumbrance created
in excess of the otherwise unencumbered balance of the appro-
priations or allotment thereof to which it is chargeable unless
by a majority vote of the city council.
Section 6.24. Tax levies. As the next order of business
following adoption of the budget, the city council shall levy,
by ordinance, such taxes as are necessary. The taxes and tax
rates set by such ordinance shall be such that reasonable esti-
mates 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
4400 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
each of the several funds set forth in the annual operating bud-
get for defraying the expenses of the general government of
this city.
Section 6.25. Changes in appropriations. The city coun-
cil, by majority vote, may make changes in the appropriations
contained in the current operating budget at any regular meet-
ing or special or emergency meeting called for such purpose.
Section 6.26. Independent audit. There shall be a bian-
nual 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.
Section 6.27. Contracting procedures. No contract with
the city shall be binding on the city unless:
(1) It is in writing;
(2) It is drawn by or submitted to and reviewed by
the city attorney; and
(3) It is made or authorized by the city council and
such approval is entered in the city council minutes.
Section 6.28. Centralized purchasing. The city council
may prescribe procedures for a system of centralized purchasing
for the city.
Section 6.29. Sale of city property, (a) The city council
may sell and convey any real or personal property owned or
held by the city for governmental or other purposes as provided
by general 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 prop-
erty is not needed for public or other purposes and that the
interest of the city is of no readily ascertainable monetary value.
GEORGIA LAWS 1985 SESSION
4401
(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 this city, both elective and appointive, shall execute such
official bonds in such amounts and upon such terms and condi-
tions 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 pro-
vided otherwise by this charter, all rights, claims, actions, or-
ders, 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 pro-
vided by the city council.
Section 7.13. Specific repealer. An Act incorporating the
Town of Oliver as the City of Oliver, approved August 9, 1912
(Ga. L. 1912, p. 1175), is repealed in its entirety.
Section 7.14. Repealer. All laws and parts of laws in con-
flict with this Act are repealed.
4402 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
1985 session of the General Assembly of Georgia a bill to reincor-
porate and provide a new charter for the City of Oliver in Scre-
ven County; to provide for all related matters; to repeal conflict-
ing laws; and for other purposes.
This 23rd day of January, 1985.
Honorable Robert E. Lane
Representative,
111th District
John F. Godbee
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 Illth Dis-
trict, and that the attached copy of Notice of Intention to Intro-
duce Local Legislation was published in the Sylvania Telephone
which is the official organ of Screven County, on the following
date: February 7, 1985.
/s/ Bob Lane
Representative,
111th District
Sworn to and subscribed before me,
this 22nd day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 27, 1985.
GEORGIA LAWS 1985 SESSION
4403
IRWIN COUNTY SHERIFF; PERSONNEL;
COMPENSATION.
No. 291 (House Bill No. 960).
AN ACT
To amend an Act placing the sheriff of Irwin County on a
salary system of compensation in lieu of the fee system, approved
February 28, 1966 (Ga. L. 1966, p. 2241), as amended, particu-
larly by an Act approved February 18, 1977 (Ga. L. 1977, p.
2712) and an Act approved April 12, 1982 (Ga. L. 1982, p. 4055),
so as to change provisions relating to the compensation of the
deputy sheriffs, special deputy sheriffs, and secretary employed
by the sheriff of Irwin 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. An Act placing the sheriff of Irwin County on
a salary system of compensation in lieu of the fee system, ap-
proved February 28, 1966 (Ga. L. 1966, p. 2241), as amended,
particularly by an Act approved February 18,1977 (Ga. L. 1977,
p. 2712) and an Act approved April 12, 1982 (Ga. L. 1982, p.
4055), is amended by striking Section 6 and inserting in its
place a new Section 6 to read as follows:
"Section 6. The sheriff of Irwin County shall appoint
one deputy who shall have the same qualifications as the
sheriff. The deputy sheriff shall be compensated in an
amount not less than $8,500.00 per year and not more than
$17,500.00 per year, the exact amount of his salary to be
recommended by the sheriff and determined by the govern-
ing authority of Irwin County. The deputy shall be paid in
equal monthly installments from funds of Irwin County. It
shall be within the power and authority of the sheriff, during
his term of office, to designate and name the person who
shall be employed as such deputy and to prescribe his duties
and assignments. The sheriff or the governing authority of
Irwin County may remove such deputy at any time with
or without cause.
4404 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2. Said Act is further amended by striking Section
7 and inserting in its place a new Section 7 to read as follows:
"Section 7. The governing authority of Irwin County
is empowered to authorize the sheriff to employ one secretary
of his own choice at a salary of not less than $8,500.00 per
year and not more than $17,500.00 per year. The exact
amount of the salary of the secretary shall be recommended
by the sheriff and determined by the governing authority.
The secretary shall be paid in equal weekly installments
from the funds of Irwin County. The sheriff may discharge
such secretary at any time with or without cause.
Section 3. Said Act is further amended by striking Section
15 and inserting in its place a new Section 15 to read as follows:
"Section 15. The sheriff of Irwin County may appoint
two special deputies, who shall be qualified under the Geor-
gia law. The special deputies shall be compensated in an
amount of not less than $8,500.00 per year and not more
than $17,500.00 per year, the exact amount to be recom-
mended by the sheriff and determined by the governing au-
thority of Irwin County. The special deputies shall be paid
in equal monthly installments from the funds of Irwin
County. It shall be within the power of the sheriff during
his term of office to designate and maintain the persons who
shall be so employed as such special deputies and to prescribe
their duties and assignments. The sheriff or the governing
authority may remove such special deputies at any time
with or without cause.
Section 4. This Act shall become effective on the first day
of the month following the month in which it is approved by
the Governor or in which it becomes law without his approval.
Section 5. All laws and parts of laws in conflict with this
Act are repealed.
Notice of Intention to Introduce Legislation.
Notice is hereby given that there will be introduced at the
regular 1985 Session of the General Assembly of Georgia a bill
to change and increase the salaries for the Sheriffs Secretary
GEORGIA LAWS 1985 SESSION
4405
and the Deputy Sheriffs of Irwin County, Georgia, pursuant
to the resolution passed by the Irwin County Board of Commis-
sioners and for other purposes. A copy of the resolution passed
by the Irwin County Board of Commissioners of Roads and Reve-
nues is as follows:
"Be it resolved, by the Board of Commissioners of Roads
and Revenues of Irwin County, Georgia, in regular meeting
assembled, that State Senator Rooney L. Bowen and Repre-
sentative Paul Branch be contacted and requested to intro-
duce local legislation which would authorize the Irwin
County Commissioners of Roads and Revenues to set salaries
for Deputy Sheriffs and for the Secretary to the Sheriff of
Irwin County, Georgia, at a sum of not less than $8,500.00
per year nor more than $17,500.00 per year.
This 7th day of January, 1985.
This is to certify that a 200 word legal size advertisement,
copy tagged "Notice of Intention to Introduce Local Legislation,
was published in the Jan. 31 and Feb. 7, 1985 issues of The
Ocilla Star.
/s/ Mrs. W. S. Bradford, Jr.
Notary Public, Georgia State at Large.
My Commission Expires 6-8-87.
(Seal).
Approved March 27, 1985.
4406 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
BLECKLEY COUNTY BOARD OF COMMISSIONERS;
CREATED; REFERENDUM.
No. 292 (House Bill No. 971).
AN ACT
To create a board of commissioners of Bleckley County as
the governing authority of Bleckley County; to provide for a
chairman and other members of the board; to provide for the
election, compensation, powers, duties, service, and procedures
of the board and its members; to provide for all related matters;
to provide for a special election for the approval or disapproval
of the foregoing by the voters of Bleckley County; to repeal a
specific Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Part 1
Section 1. There is created a board of commissioners of
Bleckley County. The board of commissioners shall be the gov-
erning authority of Bleckley County. In addition to powers and
duties granted by other provisions of law, the board of commis-
sioners shall have jurisdiction over the same matters as a pro-
bate judge when sitting for county purposes, as provided in Code
Section 36-5-1 of the O.C.G.A. The board of commissioners shall
be the policy-making body of Bleckley County, and the chairman
of the board of commissioners shall be the chief administrative
officer of Bleckley County and shall have charge of the day-to-
day administration of the affairs of county government. Any
reference in this Act to "the board or to "the board of commis-
sioners shall refer to the board of commissioners of Bleckley
County; and any reference to "the chairman or "the chairman
of the board shall refer to the chairman of the board of commis-
sioners of Bleckley County.
Section 2. (a) The board of commissioners shall consist
of the chairman of the board and five other members of the
board. The chairman shall be elected by all the voters of Bleckley
County and may reside anywhere within Bleckley County. Each
GEORGIA LAWS 1985 SESSION
4407
other member shall be elected only by the voters of the commis-
sioner district he represents and must be a resident of the com-
missioner district he represents. Commissioner districts for the
election of members of the board shall be the same as those
now in use for election of the members of the board of education
of Bleckley County and as fully described in Section 5 of this
Act.
(b) The first members of the board elected under this Act
shall be elected at the 1988 general election and shall take office
on January 1, 1989. The members representing Commissioner
Districts No. 1, 3, and 5 who are elected in 1988 shall serve
for terms of two years. The chairman and the members repre-
senting Commissioner Districts No. 2 and 4 who are elected
in 1988 shall serve for terms of four years. All future elections
shall be held in the year in which a term of office expires, and
all future members of the board, including the chairman, shall
serve for terms of four years beginning on the first day of Janu-
ary next following their election and until their successors are
elected and qualified.
(c) In order to be eligible for election to the board, a person
shall have been a resident of Bleckley County for one year next
preceding his election. If any member of the board ceases to
meet the residence requirements of this section at any time,
such members position on the board shall be declared vacant
by the remaining members of the board.
Section 3. Four members of the board shall constitute a
quorum. The affirmative votes of three members of the board
shall be required for the approval of any measure under consid-
eration by the board. The chairman of the board shall have
the right to vote only in the case of a tie vote among the other
members of the board.
Section 4. The chairman of the board shall receive an an-
nual salary of $7,500.00. Each other member of the board shall
receive an annual salary of $2,400.00. Such salaries shall be
payable in equal monthly installments from county funds. The
board may provide for the reimbursement of amounts actually
and reasonably expended by the members of the board in the
performance of their duties; but any procedure provided for
such reimbursement of expenses shall require documentation
4408 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
of such expenses and approval of each reimbursable amount
by the board.
Section 5. (a) For purposes of electing members of the
board, Bleckley County is divided into five commissioner dis-
tricts as follows:
Commissioner District No. 1
Bleckley County
Tract 9901
Block 355
Block Group 4
Blocks 521, 522, 524 through 527,
531 through 533, 537 through 539,
602 through 613, and 622
Block Group 7
Tract 9902
Blocks 308, 310 through 317, 326 through
336, 343 through 349, 352 through 355,
and 533 through 546
Commissioner District No. 2
Bleckley County
Tract 9901
Blocks 501 through 520, 523, 528
through 530, 534 through 536,
540, 541, 601, 614 through 621,
and 623 through 627
Tract 9902
Blocks 225, 401 through 411, 416, 418,
433 through 435, and 506
Commissioner District No. 3
Bleckley County
Tract 9902
Blocks 202 through 204, 209 through
213, 224, 228, 245, 413 through
415, 417, 420 through 432, 436 through
445, 501 through 505, 507 through 532,
and 547
GEORGIA LAWS 1985 SESSION
4409
Commissioner District No. 4
Bleckley County
Tract 9902
Block Group 1
Blocks 201, 205 through 208, 214
through 223, 229 through 244,
301 through 307, 318 through
325, 337 through 342, 350,
and 351
Commissioner District No. 5
Bleckley County
Tract 9901
Block Groups 1 and 2
Blocks 301 through 354 and
356 through 367
(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 decen-
nial census of 1980 for the State of Georgia.
(2) Any part of Bleckley County which is not in-
cluded 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 Un-
ited States decennial census of 1980 for the State of Geor-
gia.
Section 6. The sole commissioner of Bleckley County
elected under prior law shall continue to serve until December
31, 1988, and shall until such date be the governing authority
of Bleckley County as provided by prior law.
Section 7. An Act providing for a commissioner of roads
and revenues of Bleckley County, approved August 18, 1913
(Ga. L. 1913, p. 345), as amended, is repealed in its entirety.
4410 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Part 2
Section 2-1. Not less than 30 days nor more than 60 days
before the date of the November, 1986, general election, the
election superintendent of Bleckley County shall issue the call
for an election for the purpose of submitting this Act to the
voters of Bleckley County. The superintendent shall set the date
of the election for the date of the November, 1986, general elec-
tion. The superintendent shall cause the date and purpose of
the election to be published once a week for two weeks immedi-
ately preceding the date of the election in the official organ of
Bleckley County. The ballot shall have printed thereon the fol-
lowing:
"( ) YES Shall the Act providing for a six-
( ) NO member board of commissioners of
Bleckley County be approved?
All persons desiring to vote for approval shall vote "Yes
and those persons desiring to vote against approval shall vote
"No. If more than one-half of the votes cast are for approval,
then Part 1 of this Act shall become effective immediately; other-
wise said Part 1 of this Act shall be void.
The expense of the election shall be borne by Bleckley
County. The election superintendent shall hold and conduct the
election and certify the result thereof to the Secretary of State.
Section 2-2. All laws and parts of laws in conflict with
this Act are repealed.
Notice.
Notice is given that I intend to introduce at the 1985 Session
of the General Assembly of Georgia a bill amending an Act
creating the office of Commissioner of Bleckley County, approved
August 18, 1913 (Georgia Laws 1913, page 345) as amended so
as to provide for a Board of Commissioners of Bleckley County
as recommended by the July Recess Term, 1984 of the Grand
Jury of Bleckley County to provide for a referendum; and for
other purposes.
Newt Hudson
Representative,
117th District
GEORGIA LAWS 1985 SESSION
4411
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 Jour-
nal which is the official organ of Bleckley County, on the follow-
ing date: January 16, 1985.
/s/ Newt Hudson
Representative,
117th District
Sworn to and subscribed before me,
this 25th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 27, 1985.
FORSYTH COUNTY BOARD OF EDUCATION;
COMPENSATION AND EXPENSES.
No. 293 (House Bill No. 974).
AN ACT
To provide for the compensation of the chairman and mem-
bers of the board of education of Forsyth County; to provide
for expense amounts; to provide for related matters; to repeal
conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
4412 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 1. (a) The chairman of the board of education
of Forsyth County shall receive as compensation the sum of
$150.00 per month, payable only from tax funds available to
the county board of education for educational purposes.
Ob) Members of the board of education other than the chair-
man shall receive as compensation the sum of $100.00 per
month, payable only from tax funds available to the county
board of education for educational purposes.
Section 2. (a) In addition to amounts received as compen-
sation, the chairman and each member of the board of education
of Forsyth County shall receive a per diem expense allowance
of $59.00 for each day of attendance at board meetings, to a
maximum of two days each month.
(b) While traveling within or outside the state as a member
of a committee of the board on official business first authorized
by a majority of the board, the chairman or members shall
receive reimbursement for actual expenses necessarily incurred
in connection therewith.
(c) Any amounts paid under this section shall be from tax
funds available to the county board of education for educational
purposes.
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
1985 session of the General Assembly of Georgia a bill to provide
compensation for the chairman and members of the Board of
Education of Forsyth County and for other purposes.
Bill Barnett
State Representative,
10th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Bill H. Barnett, who, on
GEORGIA LAWS 1985 SESSION
4413
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 follow-
ing date: February 20, 1985.
/s/ Bill H. Barnett
State Representative,
10th District
Sworn to and subscribed before me,
this 25th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 27, 1985.
COOK COUNTY BOARD OF COMMISSIONERS;
ELECTIONS.
No. 294 (House Bill No. 975).
AN ACT
To amend an Act creating a board of commissioners of Cook
County, approved August 12, 1919 (Ga. L. 1919, p. 627), as
amended, particularly by an Act approved February 21, 1947
(Ga. L. 1947, p. 7), an Act approved February 18, 1964 (Ga. L.
1964, p. 2093), an Act approved March 16, 1973 (Ga. L. 1973,
p. 2301), an Act approved March 16, 1983 (Ga. L. 1983, p. 4176),
and an Act approved March 12, 1984 (Ga. L. 1984, p. 3939), so
as to change the manner in which members of the board of
commissioners are elected; to provide for the composition of
commissioner districts from and by which the commissioners
shall be elected; to provide for the size of the board; to provide
for a chairman of the board; to provide for all matters related
4414 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
to the foregoing; to repeal conflicting laws; and for other pur-
poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act creating a board of commissioners of
Cook County, approved August 12, 1919 (Ga. L. 1919, p. 627),
as amended, particularly by an Act approved February 21,1947
(Ga. L. 1947, p. 7), an Act approved February 18, 1964 (Ga. L.
1964, p. 2093), an Act approved March 16, 1973 (Ga. L. 1973,
p. 2301), an Act approved March 16, 1983 (Ga. L. 1983, p. 4176),
and an Act approved March 12, 1984 (Ga. L. 1984, p. 3939), is
amended by striking Sections 1, 2, 3, and 4 and inserting in
their place new sections to read as follows:
"Section 1. There shall be a board of commissioners
of Cook County which shall constitute the governing author-
ity of the county and shall exercise the powers, duties, and
responsibilities vested in and imposed upon the county gov-
erning authority by this Act and the other laws of this state.
The term 'board, as used in this Act, shall mean the board
of commissioners, including the chairman and all members.
Each member of the board shall be a qualified voter of the
county.
Section 2. (a) The members of the board in office on
the effective date of this section shall serve out the terms
for which they were elected: the terms of two of said members
expiring on December 31, 1986, and the terms of three of
said members expiring on December 31, 1988.
(b) Members elected to the board after the effective date
of this section shall be elected from the commissioner dis-
tricts described in Section 3 of this Act. Each member so
elected shall be a resident of the commissioner district he
represents and shall be elected by only the voters of the
district he represents.
(c) At the general election held in 1986, there shall be
elected one member of the board from each of Commissioner
Districts No. 1, 3, and 4. These members so elected in 1986
shall be elected for terms of two years beginning January
1, 1987, and ending December 31, 1988. The three members
elected in 1986 shall serve together with the three members
in office on the effective date of this section whose terms
GEORGIA LAWS 1985 SESSION
4415
expire December 31,1988; and for the period beginning Janu-
ary 1, 1987, and ending December 31, 1988, the board shall
consist of six members.
(d) At the general election held in 1988 and quadrenni-
ally thereafter there shall be elected one member of the
board from each of Commissioner Districts No. 1, 2, 3, 4,
and 5. These members so elected in 1988 and future members
shall be elected for terms of four years beginning on the
first day of January following their election. Beginning Janu-
ary 1, 1989, and thereafter the board shall consist of five
members.
Section 3. (a) For purposes of electing members of the
board of commissioners of Cook County, the county is divided
into five commissioner districts described as follows:
Commissioner District No. 1
Cook
Tract 9902
Blocks 242 through 261
Block 278, that part within
the City of Adel
Blocks 280 through 299 and 301
through 333
Block 334, that part within
the City of Adel
Blocks 336 through 339
Block 340, that part within
the City of Adel
Tract 9903
Blocks 134 through 166 and 169
Commissioner District No. 2
Cook
Tract 9901
Blocks 243 through 246
Blocks 247 and 259, those parts within
the City of Adel
Blocks 259, 260, and 267, those parts
outside the City of Adel
Blocks 268 through 281, 301 through 363,
375, and 376
4416 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Block 378, that part within
the City of Adel
Blocks 379 through 399 and 401 through 426
Block 427, that part within
the City of Adel
Block 428
Commissioner District No. 3
Cook
Tract 9901
Blocks 364 through 374 and 377
Blocks 378 and 427, those parts
outside the City of Adel
Tract 9902
Blocks 356 and 369
Tract 9903
Blocks 101 through 115, 117 through 133,
167, 168, 170, and 172 through 199
Block Groups 2 and 3
Commissioner District No. 4
Cook
Tract 9901
Blocks 225 through 230
Block 247, that part outside
the City of Sparks
Blocks 248 through 258
Blocks 259 and 260, those parts
within the City of Sparks
Blocks 261 through 266
Block 267, that part within the
City of Sparks
Tract 9902
Blocks 206 through 241 and 262
through 277
Block 278, that part outside the
City of Sparks
Block 279
Block 334, that part outside the
City of Sparks
Block 335
GEORGIA LAWS 1985 SESSION
4417
Block 340, that part outside the
City of Sparks
Blocks 341 through 355 and 357
through 368
Commissioner District No. 5
Cook
Tract 9901
Block Group 1
Blocks 201 through 224 and 231
through 242
Tract 9902
Block Group 1
Blocks 201 through 205
(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 decen-
nial 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 geo-
graphical 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 Cook County which is not included
in any district described in this section shall be included
within that district contiguous to such part which con-
tains the least population according to the United States
decennial census of 1980 for the State of Georgia.
Section 4. (a) Except as provided in subsection (b) of
this section, any vacancy on the board of commissioners
which occurs within the last six months of the expiration
of a term of office shall be filled by appointment of a qualified
person by the judge of the probate court; and any vacancy
occurring prior to the last six months of a term of office
shall be filled by special election. Any person selected to
fill a vacancy shall serve for the remainder of the unexpired
4418 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
term. Any special election shall be by the voters of the com-
missioner district by which the vacant post is represented.
(b) If any vacancy occurs during the period beginning
January 1, 1987, and ending December 31, 1988, and such
vacancy does not result in decreasing the number of mem-
bers in office below five and such vacancy does not leave a
district without a member residing therein, then such va-
cancy shall not be filled and such post shall remain vacant
for the remainder of the unexpired term. If any vacancy
occurs during the period beginning January 1, 1987, and
ending December 31,1988, and such vacancy leaves a district
without a member residing therein, then such vacancy shall
be filled by special election or appointment of a member
from that district, as provided in subsection (a) of this section;
and any such special election shall be by the voters of the
district in which there is no resident member.
Section 2. Said Act is further amended by striking subsec-
tion (a) of Section 17 and inserting in its place a new subsection
(a) to read as follows:
"(a) (1) The chairman of the board of commissioners shall
receive a salary of $250.00 per month; and each other mem-
ber of the board shall receive a salary of $225.00 per month.
Each member of the board, including the chairman, shall
also be paid actual expenses incurred by him in carrying
on county business while outside Cook County. The expense
outside the county shall be paid only when authorized by
the whole board and submitted as an itemized statement
to the clerk of the board. Said salary and expenses shall
be paid from the funds of the county each month.
(2) The chairman shall be elected at the first regular
meeting in January of each year by the members of the
board from among the members of the board. The chairman
shall have a vote in all matters before the board.
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 1985 session of the General Assembly of Georgia a bill
GEORGIA LAWS 1985 SESSION
4419
to amend an Act creating a board of commissioners of Cook
County and for the election of members of the board from com-
missioner districts.
This 18th day of February, 1985.
Cook County Commissioners
Publishers Affidavit.
State of Georgia.
County of Cook.
1, JOHN H. SANDERS, Do Hereby Certify that I am the
Publisher of the Adel News-Tribune, and the attached notice
of Intention to Introduce Legislation regarding election of mem-
bers of the board of commissioners was published in said newspa-
per on the following date: February 20, 1985.
/s/ John H. Sanders
Sworn to and subscribed before me
this 20th day of February, 1985.
/s/ Judy S. Hunt
Notary Public.
My commission expires: Mar. 23, 1985.
(Seal).
Approved March 27, 1985.
DECATUR COUNTY JUDGE OF THE PROBATE COURT
PLACED ON AN ANNUAL SALARY.
No. 295 (House Bill No. 976).
AN ACT
To abolish the present mode of compensating the judge of
the Probate Court of Decatur County, known as the fee system;
4420 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
to provide in lieu thereof an annual salary; to provide that all
fees, costs, or other emoluments of said office 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 an effective date; to repeal Conflicting laws; and for
other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. The present mode of compensating the judge
of the Probate Court of Decatur County, known as the fee sys-
tem, is abolished and, in lieu thereof, an annual salary for such
officer is prescribed as hereinafter provided.
Section 2. The judge of the probate court shall receive a
minimum salary in the amount provided for in Article 3 of
Chapter 9 of Title 15 of the O.C.G.A. payable in equal monthly
installments from county funds.
Section 3. After the effective date of this Act, said officer
shall diligently and faithfully undertake to collect all fees, fines,
forfeitures, cortimissions, costs, allowances, penalties, funds,
moneys, and all other emoluments and perquisites formerly al-
lowed him as compensation for all services in any capacity, ex-
cepting compensation as local registrar and local custodian of
vital records, including issuing certified copies, and shall receive
and hold the same in trust for said county as public moneys
and shall pay the same into the county treasury on or before
the fifteenth day of each month next following the month in
which they were collected or received. At the time of each such
monthly payment into the county treasury, the judge of the
probate court shall furnish the governing authority of the
county a detailed, itemized statement, under oath, of all such
funds received during the preceding month by such officer and
paid into the county treasury. The statement shall show the
respective amounts of money collected and the sources thereof.
Section 4. This Act shall become effective on July 1, 1985.
Section 5. All laws and parts of laws in conflict with this
Act are repealed.
GEORGIA LAWS 1985 SESSION
4421
Proposed Introduction of Local Legislation.
Notice is hereby given that there will be introduced in the
1985 session of the General Assembly of Georgia Legislation
that will change the compensation paid to the Judge of the
Probate Court of Decatur County, Georgia, and for other pur-
poses.
This 21st day of February, 1985.
Walter E. Cox
Representative,
District 141
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Walter E. Cox, who, on
oath, deposes and says that he 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: February 23, 1985.
/s/ Walter E. Cox
Representative,
141st District
Sworn to and subscribed before me,
this 25th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 27, 1985.
4422 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CATOOSA COUNTY JUDGE OF THE PROBATE COURT;
CLERICAL HELP ALLOWANCE.
No. 296 (House Bill No. 977).
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 21, 1984 (Ga. L. 1984, p. 4494), so as
to increase the clerical help allowance of the judge of the probate
court; to provide an effective date; to repeal conflicting laws;
and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act placing the judge of the Probate Court
of 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 21, 1984 (Ga. L. 1984, p. 4494), 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 maximum allowance to be paid for cleri-
cal help shall be:
Clerical help for the judge
of the probate court........... $20,000.00 per annum
Clerical help for the clerk
of the superior court.......... $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 per-
son performing such clerical help for the clerk of the superior
GEORGIA LAWS 1985 SESSION
4423
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.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be requested local
legislation to increase the Clerical allowance in the office of
the Probate Court at the January 1985 session of the General
Assembly of the State of Georgia.
This the 28th day of December, 1984.
Sam T. Dills
Probate Judge,
Catoosa County, Georgia
Proof of Publication.
State of Georgia.
Catoosa County.
Before me, an officer duly authorized by law to administer
oaths, appeared Jim Caldwell, who on oath states that he is
publisher of THE CATOOSA COUNTY NEWS, a newspaper
of general circulation and one in which Sheriffs advertisements
are published in Catoosa County, Georgia, and that the notice
shown below has been duly and regularly published in THE
CATOOSA COUNTY NEWS 1 times, on the issues dated, to-
wit: January 9, 1985.
/s/ Jim Caldwell
4424 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this the 1 day of February, 1985.
/s/ Juanita Caldwell
Notary Public, Georgia State at Large.
My Commission Expires, Apr. 22, 1985.
(Seal).
Approved March 27, 1985.
ROME JUDICIAL CIRCUIT INVESTIGATORS.
No. 297 (House Bill No. 979).
AN ACT
To provide for investigators for the office of the district attor-
ney of the Rome Judicial Circuit; to provide for the powers,
duties, requirements, terms of office, and payment of compensa-
tion and expenses of investigators; to provide that such investi-
gators shall be bonded; to repeal an Act providing for an investi-
gator for the office of the district attorney of the Rome Judicial
Circuit, approved March 27,1972 (Ga. L. 1972, p. 548); to provide
an effective date; to repeal conflicting laws; and for other pur-
poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. The district attorney of the Rome Judicial Cir-
cuit is authorized to employ investigators. The number of such
investigators shall be established by the governing authority
of Floyd County. The district attorney shall fix the compensation
to be received by such investigators, subject to the approval of
the governing authority of Floyd County. Such compensation
shall be paid in equal monthly or semimonthly installments
from the funds of Floyd County. It shall be within the sole power
GEORGIA LAWS 1985 SESSION
4425
and authority of the district attorney during his term of office
to designate and name the persons who shall be employed as
investigators, to prescribe their duties and assignments, and
to remove or replace such investigators at will and within his
sole discretion. The investigators shall have the same power
as a sheriff to make arrests, to execute and return all criminal
warrants and processes, and to serve as a peace officer and they
may perform the same duties as may be performed by the sheriff.
The expenses connected with the furnishing of the investiga-
tors as provided for in this section shall be paid out of county
funds. The governing authority of Floyd County is authorized
to furnish such supplies, equipment, automobiles, and office
space and to provide for the reimbursement of such other miscel-
laneous expenses as shall be required or incurred in connection
with the official duties of such investigators. Such investigators
shall be bonded under the same terms and conditions as other
peace officers of Floyd County.
Any investigator employed by the district attorneys office
and authorized by the district attorney to carry weapons or to
exercise any of the powers of a peace officer of this state shall
meet the requirements of Chapter 8 of Title 35 of the Official
Code of Georgia Annotated.
Section 2. An Act providing for an investigator for the
office of the district attorney of the Rome Judicial Circuit, ap-
proved March 27, 1972 (Ga. L. 1972, p. 548), is repealed in its
entirety.
Section 3. This Act shall become effective upon its ap-
proval 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 1985 session of the General Assembly of Georgia, a bill
to provide for investigators for the District Attorney of the Rome
Judicial Circuit and procedures connected therewith; to provide
4426 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
an additional exemption from coverage under the merit system;
to repeal conflicting laws; and for other purposes.
/s/ Paul Smith
Representative,
16th District
Buddy Childers
Representative,
15th District, Post 1
Forest McKelvey
Representative,
15th District, Post 2
Ed Hine
Senator,
52nd District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Paul E. Smith, 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 fol-
lowing date: February 21, 1985.
/s/ Paul E. Smith
Representative,
16th District
Sworn to and subscribed before me,
this 25th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 27, 1985.
GEORGIA LAWS 1985 SESSION
4427
FLOYD COUNTY HOSPITAL AUTHORITY VACANCIES.
No. 298 (House Bill No. 980).
AN ACT
To amend an Act providing for the method of filling vacan-
cies in the membership of the Hospital Authority of Floyd
County, approved March 1, 1973 (Ga. L. 1973, p. 2057), so as
to change the method of filling such vacancies; to repeal conflict-
ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act providing for the method of filling vacan-
cies in the membership of the Hospital Authority of Floyd
County, approved March 1, 1973 (Ga. L. 1973, p. 2057), is
amended by striking Section 1 of said Act and substituting in
lieu thereof a new Section 1 to read as follows:
"Section 1. (a) Except as provided in Section 2 of this
Act, each vacancy occurring in the membership of the Hospi-
tal Authority of Floyd County by reason of the expiration
of the term of a member on April 1 of any year shall be
filled by a person selected by the Floyd County grand jury
for the January term next preceding the occurrence of such
vacancy as follows:
The hospital authority shall select one candidate for
each such vacancy, and the chairman of the hospital
authority shall furnish to the foreman of the grand jury
the name of the candidate so selected. The grand jury
shall then either elect the candidate so named to fill
the vacancy or reject such candidate. Election or rejection
by the grand jury shall be by a majority vote.
(b) Should the grand jury decline to elect a candidate
submitted by the hospital authority to fill a vacancy, the
foreman of the grand jury shall notify the chairman of the
hospital authority of that fact, and the hospital authority
shall select and submit another candidate. The grand jury
4428 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
shall then either elect the candidate so named or reject such
candidate. In the event of the rejection of another candidate
or other candidates submitted by the hospital authority to
fill such vacancy, the foregoing procedure for electing a mem-
ber to fill the vacancy shall be repeated until the vacancy
is filled.
(c) In the event the January term grand jury, for any
reason, shall fail to fill any such vacancy, the next succeeding
grand jury shall fill such vacancy in the manner provided
in this section.
(d) The unexpired term of any member of the hospital
authority who resigns or otherwise ceases to be a member
prior to the end of his full regular term shall be filled by
the grand jury meeting next after the occurrence of such
vacancy in the manner provided in 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 1985 session of the General Assembly of Georgia an
Act to amend an Act providing for the method of filling vacancies
in the membership of the Hospital Authority of Floyd County
approved March 1, 1973 (Ga. L. 1973, p. 2057), so as to change
the method of filling such vacancies; to repeal conflicting laws;
and for other purposes.
This 5th day of February, 1985.
E. M. Childers
Representative,
15th District, Post 1
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Paul E. Smith, who, on
oath, deposes and says that he is Representative from the 16th
District, and that the attached copy of Notice of Intention to
GEORGIA LAWS 1985 SESSION
4429
Introduce Local Legislation was published in the Rome News/
Tribune which is the official organ of Floyd County, on the fol-
lowing date: February 7, 1985.
/s/ Paul E. Smith
Representative,
16th District
Sworn to and subscribed before me,
this 25th day of February, 1985.
/s/ Cathy Ann Wall
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 27, 1985.
WARREN COUNTY BOARD OF COMMISSIONERS;
CHAIRMAN; COUNTY ATTORNEY; AUDITS.
No. 299 (House Bill No. 981).
AN ACT
To amend an Act providing for a board of commissioners
of Warren County, approved March 23, 1977 (Ga. L. 1977, p.
3951), as amended, by an Act approved April 12, 1982 (Ga. L.
1982, p. 4515), so as to change the provisions relating to the
compensation and expense allowance of the chairman of the
board of commissioners; to provide that the chairman shall de-
vote his full time to the duties of his office; to provide for addi-
tional powers and duties of the chairman; to repeal the provision
requiring the county attorney to be a resident of the county;
to change the provisions relating to audits; to provide for other
matters relative to the foregoing; to provide an effective date;
to repeal conflicting laws; and for other purposes.
4430 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act providing for a board of commissioners
of Warren County, approved March 23, 1977 (Ga. L. 1977, p.
3951), as amended, by an Act approved April 12, 1982 (Ga. L.
1982, p. 4515), is amended by striking subsection (b) of Section
5 and inserting in lieu thereof a new subsection (b) to read as
follows:
"(b) The chairman of the board shall devote his full
time to the duties of his office and shall be compensated
in the amount of $25,000.00 per annum to be paid in equal
monthly installments from the funds of Warren County. The
chairman shall also receive an expense allowance in the
sum of $4,200.00 to defray the expenses incurred by him
in carrying out his official duties. Said expense allowance
shall be paid in equal monthly installments. When traveling
out of the county on official business, the chairman shall
be reimbursed for actual expenses incurred thereby, in addi-
tion to the foregoing, which shall be paid from the funds
of Warren County; provided, however, that expenses in-
curred while traveling out of the county shall not be reim-
bursed without the approval of the board of commissioners.
The members of the board, other than the chairman, shall
each be compensated in the amount of $1,200.00 per annum
to be paid in equal monthly installments from the funds
of Warren County. In addition to said salary, each such mem-
ber shall be reimbursed for actual and necessary expenses
incurred by him in carrying out his official duties from the
funds of Warren County. The salary and expenses provided
for herein shall constitute the entire compensation from all
sources to which said members of the board shall be entitled
to be paid from county funds. The salary and expenses pro-
vided for herein are expressly in lieu of the salary supple-
ment provided by an Act approved March 17, 1967.(Ga. L.
1967, p. 2168), and the commissioners, including the chair-
man, shall not be entitled to receive the supplement provided
by said Act.
Section 2. Said Act is further amended by striking from
Section 7 the following:
GEORGIA LAWS 1985 SESSION
4431
"and such board shall have the authority to employ a
competent attorney at law, resident of the county, as county
attorney,
and inserting in lieu thereof the following:
"and such board shall have the authority to employ a
competent attorney at law as county attorney,
and by adding at the end of Section 7 the following:
"Notwithstanding any other provision of this Act, the
chairman of the board of commissioners shall have charge
of the every day operations of the county and, subject to
policies adopted by the board of commissioners, shall have
the power to employ, discipline, and discharge employees
of the county who are subject to the jurisdiction of the board
of commissioners.
Section 3. Said Act is further amended by striking Section
9 and inserting in lieu thereof a new Section 9 to read as follows:
"Section 9. The board of commissioners shall have the
books and accounts of the tax commissioner, custodian of
all county funds, sheriff, superintendent of schools, board
of commissioners, and such other officers as may be necessary
audited by a certified public accountant of this state after
they take charge of the affairs of said county to cover such
period as they deem advisable, and every year thereafter.
Said audit shall be filed in the office of the board of commis-
sioners of the county and shall at all times be subject to
inspection by any citizen or taxpayer of the county. A sum-
mary of the audit shall be published in the official organ
of Warren County within 30 days after it shall have been
completed.
Section 4. This Act shall become effective on the first day
of the month following the month in which it is approved by
the Governor or in which it becomes law without his approval.
Section 5. All laws and parts of laws in conflict with this
Act are repealed.
4432 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
1985 session of the General Assembly of Georgia a bill to amend
an Act providing for a Board of Commissioners of Warren
County, approved March 23, 1977 (Ga. L. 1977, p. 3951), as
amended; and for other purposes.
This 8th day of February, 1985.
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 dates, to-wit: February 15, 1985.
Sworn to on the 15th day of
February, 1985.
/s/ Alva L. Haywood
Publisher.
Sworn to and subscribed to before me,
on the 15th day of February, 1985.
/s/ Rhonda S. Phillips
Notary Public.
My Commission Expires January 26, 1989.
(Seal).
Approved March 27, 1985.
GEORGIA LAWS 1985 SESSION
4433
COLQUITT COUNTY LICENSE FEES AND
OCCUPATIONAL TAXES; LOCAL CONSTITUTIONAL
AMENDMENT CONTINUED.
No. 300 (House Bill No. 982).
AN ACT
To continue in force and effect as a part of the Constitution
of the State of Georgia that constitutional amendment which
was proposed by Resolution Act No. 150 (House Resolution No.
354-847a) of the 1958 General Assembly (Ga. L. 1958, p. 567)
and which was duly ratified at the 1958 general election and
which relates to the assessment and collection of license fees
and occupational taxes by the board of commissioners of Colquitt
County; to provide the authority for this Act; to repeal conflict-
ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. That constitutional amendment which was pro-
posed by Resolution Act No. 150 (House Resolution No. 354-
847a) of the 1958 General Assembly (Ga. L. 1958, p. 567) and
which was duly ratified at the 1958 general election and which
relates to the assessment and collection of license fees and occu-
pational taxes by the board of commissioners of Colquitt County
shall not be repealed or deleted on July 1, 1987, as a part of
the Constitution of the State of Georgia but is specifically contin-
ued in force and effect on and after that date as a part of the
Constitution of the State of Georgia.
Section 2. This Act is passed pursuant to Article XI, Sec-
tion I, Paragraph IV of the Constitution of the State of Georgia
which authorizes the continuation of certain amendments to
the 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 regular
1985 session of the General Assembly of Georgia a bill to con-
4434 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
tinue in force and effect as a part of the Constitution of the
State of Georgia that constitutional amendment which was pro-
posed by Resolution Act No. 150 (House Resolution No. 354-
847a) of the 1958 General Assembly (Ga. L. 1958, p. 567), and
which was duly ratified at the 1958 general election, and which
relates to the assessment and collection of license fees and occu-
pational taxes by the board of commissioners of Colquitt County;
to provide for related matters; and for other purposes.
This 7 day of Feb., 1985.
Hugh D. Matthews
Representative,
145th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Hugh D. Matthews, who,
on oath, deposes and says that he is Representative from the
145th District, and that the attached copy of Notice of Intention
to Introduce Local Legislation was published in the Moultrie
Observer which is the official organ of Colquitt County, on the
following date: February 20, 1985.
/s/ Hugh D. Matthews
Representative,
145th District
Sworn to and subscribed before me,
this 22nd day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 27, 1985.
GEORGIA LAWS 1985 SESSION
4435
SPALDING COUNTY CHIEF MAGISTRATE;
COMPENSATION.
No. 301 (House Bill No. 985).
AN ACT
To provide for the salary and compensation of the chief mag-
istrate of the Magistrate Court of Spalding County; to authorize
a supplement of such salary to be fixed from time to time; to
provide an effective date; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Pursuant to subsection (d) of Code Section 15-
10-23 of the Official Code of Georgia Annotated, the salary of
the chief magistrate of Spalding County shall be $26,500.00 per
annum.
Section 2. Said salary shall be apportioned and payable
for the last six months of 1985 at said annual rate and thereafter
it shall be payable for each subsequent year at said annual
rate from the funds of Spalding County. Said salary shall be
payable, as accrued, in equal monthly installments on the last
day of each month.
Section 3. The board of commissioners of Spalding County,
as the governing authority of said county, may supplement the
salary of the chief magistrate in such amounts as it may fix
from time to time, but no such salary or supplement shall be
decreased during the incumbents term of office.
Section 4. This Act shall become effective on July 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 1985 Session of the General Assembly of Georgia a bill
4436 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
providing for the compensation of the Chief Magistrate of Spald-
ing County; to repeal conflicting laws and for other purposes.
This the 15th day of February, 1985.
Maureen C. Jackson, Clerk
of Spalding County
Commissioners
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, John L. Mostiler, who, on
oath, deposes and says that he is 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 23, 1985.
/s/ John L. Mostiler
Representative,
75th District
Sworn to and subscribed before me,
this 22nd day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 27, 1985.
GEORGIA LAWS 1985 SESSION
4437
LAMAR COUNTY MAGISTRATE COURT; LAW LIBRARY
FEES.
No. 302 (House Bill No. 987).
AN ACT
To amend an Act providing for the Magistrate Court of La-
mar County, approved March 21, 1984 (Ga. L. 1984, p. 4561),
so as to provide for the collection of additional costs as law
library fees; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act providing for the Magistrate Court of
Lamar County, approved March 21, 1984 (Ga. L. 1984, p. 4561),
is amended by adding a new section, to be designated Section
2A to read as follows:
"Section 2A. (a) The collection of additional costs in
cases before the Magistrate Court of Lamar County shall
be made for the benefit of the Lamar County Law Library.
The amount of such fees shall not exceed $3.00. The amount
of such fees shall be determined by the senior judge of the
Superior Court of Lamar County.
(b) The clerk of the Magistrate Court of Lamar 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 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
1985 session of the General Assembly of Georgia a bill to amend
an Act providing for the Magistrate Court of Lamar County,
approved March 21, 1984 (Ga. L. 1984, p. 4561); providing for
the costs of filing fees and for other purposes.
4438 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This 15th day of February, 1985.
Larry Smith
Representative,
78th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Larry Smith, who, on oath,
deposes and says that he is Representative from the 78th Dis-
trict, and that the attached copy of Notice of Intention to Intro-
duce Local Legislation was published in the Barnesville Herald
Gazette which is the official organ of Lamar County, on the
following date: February 20, 1985.
/s/ Larry Smith
Representative,
78th District
Sworn to and subscribed before me,
this 25th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 27, 1985.
GEORGIA LAWS 1985 SESSION
4439
MUSCOGEE COUNTY SCHOOL DISTRICT PUBLIC ART
GALLERIES.
No. 303 (House Bill No. 992).
AN ACT
To amend an Act creating the Muscogee County School Dis-
trict, approved February 25, 1949 (Ga. L. 1949, p. 1086), as
amended, so as to change the provisions relative to public art
galleries; to authorize the sale of property used for public art
galleries and museum under certain conditions; to provide for
other matters relative to the foregoing; to repeal conflicting
laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act creating the Muscogee County School
District, approved February 25, 1949 (Ga. L. 1949, p. 1086), as
amended, is amended by adding at the end of Section 19 a new
paragraph to read as follows:
"For such consideration and under such procedures as
may be acceptable to the board of education, said board may
sell or convey the real estate and personal property used
as public art galleries and museum to a private nonprofit
corporation rather than maintaining and operating said art
galleries and museum as a part of the public school system.
Any such sale or conveyance shall be subject to the condition
that the private nonprofit corporation to which the art galler-
ies and museum are sold or conveyed shall continue to main-
tain and operate such properties as public art galleries and
museum and subject to the further condition that public
school students of the Muscogee County School District shall
continue to have reasonable access to the art galleries and
museum as a part of the regular educational program of
the board of education. At the discretion of the board of
education, the foregoing conditions, along with savings
which may be realized by the board of education in avoiding
the expense of maintaining and operating the museum and
art galleries, may constitute all or part of the consideration
4440 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
necessary for the sale or conveyance of the museum and
art galleries properties to a private nonprofit corporation.
The sale or conveyance of the art galleries and museum to
a private nonprofit corporation and the implementation and
enforcement of the foregoing conditions shall be pursuant
to such instruments, agreements, or contracts as the board
of education, at its discretion, may execute in carrying out
the authority granted by this paragraph.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Notice of Local Legislation.
Notice is hereby given of intention to introduce at the regu-
lar 1985 session of the General Assembly of Georgia for passage
of a local bill to amend an Act creating the Muscogee County
School District, approved February 25, 1949 (Ga. L. 1949, p.
1086) as amended to authorize the sale of property used for
public art galleries and museums under certain conditions; to
provide for other matters relative to the foregoing; to repeal
conflicting laws; and for other purposes.
Braxton A. Nail
Superintendent of
Education,
Muscogee County School
District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Thomas B. Buck, III, who,
on oath, deposes and says that he is Representative from the
95th District, and that the attached copy of Notice of Intention
to Introduce Local Legislation was published in the Columbus
Ledger which is the official organ of Muscogee County, on the
following date: February 21, 1985.
/s/ Thomas B. Buck, III
Representative,
95th District
GEORGIA LAWS 1985 SESSION
4441
Sworn to and subscribed before me,
this 25th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 27, 1985.
COWETA COUNTY MAGISTRATE COURT; JUDGE;
ELECTION.
No. 304 (House Bill No. 995).
AN ACT
To provide for the nonpartisan nomination and election of
the judge of the Magistrate Court of Coweta County; to provide
for the requirements and procedures of the nonpartisan nomina-
tion and election; to provide for other matters relative to the
foregoing; to provide an effective date; to repeal conflicting laws;
and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. The judge of the Magistrate Court of Coweta
County shall be elected by the qualified voters of Coweta County
in a nonpartisan primary and election. Except as otherwise pro-
vided in this Act, the judge of the magistrate court shall be
elected pursuant to the general election laws of Georgia.
Section 2. Beginning with the election held in 1988 and
each election thereafter at which the judge of the magistrate
court is elected, the judge of the magistrate court shall be elected
at the nonpartisan primary and general election immediately
4442 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
preceding the expiration of the term of office of the judge of
the magistrate court.
Section 3. Candidates for the office of judge of the magis-
trate court shall be nominated in a nonpartisan primary to
be held at the same time as and in conjunction with the general
primary every four years. A nominating petition shall not be
required to place the name of any such candidate on the primary
ballot. A candidate may have his name placed on the primary
ballot by filing a notice of candidacy with the county election
superintendent and by paying the qualifying fee.
Section 4. The candidate receiving a majority of votes in
the nonpartisan primary shall be the nominee for the office of
judge of the magistrate court and shall be the only candidate
for such office to have his name appear on the general election
ballot. In the event no candidate receives a majority of the votes
cast, the two candidates receiving the highest number of votes
for the office shall be in a runoff to be held on the same day
as a runoff from the general primary, as provided by state law,
to determine which candidate will be on the general election
ballot.
Section 5. The names of all candidates for the office of
judge of the magistrate court shall appear in a separate section
of each primary and general election ballot of each elector. No
party designation or affiliation shall appear beside the name
of any such candidate on any primary or general election ballot,
and no candidate for the office of judge of the magistrate court
shall be nominated by any political party.
Section 6. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without his
approval.
Section 7. All laws and parts of laws in conflict with this
Act are repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the
regular 1985 session of the General Assembly of Georgia, a bill
providing that the Judge of the Magistrate Court of Coweta
GEORGIA LAWS 1985 SESSION
4443
County will be nominated and elected on a nonpartisan basis,
to provide for matters relative thereto, and for other purposes.
This the 14th day of February, 1985.
/s/ J. Neal Shepard, Jr.
Representative,
71st District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, J. Neal Shepard, Jr., who,
on oath, deposes and says that he is Representative from the
71st District, and that the attached copy of Notice of Intention
to Introduce Local Legislation was published in the Newnan
Times Herald which is the official organ of Coweta County, on
the following date: February 14, 1985.
/s/ J. Neal Shepard, Jr.
Representative,
71st District
Sworn to and subscribed before me,
this 25th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 27, 1985.
4444 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
COWETA COUNTY BOARD OF EDUCATION.
No. 305 (House Bill No. 996).
AN ACT
To amend an Act providing for the composition of the Board
of Education of Coweta County and for the election and terms
of office of the members thereof, approved March 5, 1984 (Ga.
L. 1984, p. 3704), so as to make technical corrections in and
to clarify certain provisions of said Act; to repeal conflicting
laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act providing for the composition of the
Board of Education of Coweta County and for the election and
terms of office of the members thereof, approved March 5, 1984
(Ga. L. 1984, p. 3704), is amended by striking Section 4 in its
entirety and substituting in lieu thereof a new Section 4 to
read as follows:
"Section 4. (a) The 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 pri-
mary 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 three members of the Board of Education of Coweta
County who were elected pursuant to the constitutional
amendment and whose regular terms of office expire on De-
cember 31,1986. The member elected in 1986 from Education
District 4 as provided in this subsection shall be the successor
GEORGIA LAWS 1985 SESSION
4445
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, 1989,
the board shall consist of the four members elected as pro-
vided 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 Dis-
tricts 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 Janu-
ary, 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 imme-
diately preceding the expiration of terms of office and shall
take office on the first day of January immediately following
their election for terms of four years and until their succes-
sors are elected and qualified. 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 constitu-
tional amendment from Division 2 and whose regular term
of office will expire on December 31, 1985, and the term of
office of such member is extended to expire on December
31, 1988. The members elected in 1988 from Education Dis-
tricts 5 and 6 as provided in this subsection shall be succes-
sors to the two members of the Board of Education of Coweta
County who were elected pursuant to the constitutional
amendment and whose regular terms of office expire on De-
cember 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 mem-
bers elected pursuant to this Act.
Section 2. Said Act is further amended by striking para-
graph (2) of Section 8 in its entirety and substituting in lieu
thereof a new paragraph (2) to read as follows:
"(2) If approved at said referendum:
4446 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(A) The provisions of Section 4 of this Act relating
to the extension of terms of office shall be effective as
necessary to extend such terms of office as provided in
said Section 4;
(B) The provisions of this Act necessary for the elec-
tion of the members of the Board of Education of Coweta
County at the 1986 general primary and election as pro-
vided in this Act shall be effective on January 1, 1986;
and
(C) This Act shall be effective for all purposes on
January 1, 1987.
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 1985 session of the General Assembly of Georgia a bill
to change the manner and time of electing one member of the
Board of Education of the Coweta County School System; to
change the term of said member; and for other purposes.
This 5th day of February, 1985.
Neal Shepard
Representative
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, J. Neal Shepard, Jr., who,
on oath, deposes and says that he is Representative from the
71st District, and that the attached copy of Notice of Intention
to Introduce Local Legislation was published in the Newnan
Times Herald which is the official organ of Coweta County, on
the following date: February 21st, 1985.
/s/ J. Neal Shepard, Jr.
Representative,
71st District
GEORGIA LAWS 1985 SESSION
4447
Sworn to and subscribed before me,
this 25th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 27, 1985.
CHATTOOGA COUNTY AND THE TOWN OF TRION
LOCAL SALES AND USE TAX FOR EDUCATION; LOCAL
CONSTITUTIONAL AMENDMENT CONTINUED.
No. 306 (House Bill No. 999).
AN ACT
To continue in force and effect as a part of the Constitution
of the State of Georgia that constitutional amendment which
was proposed by Resolution Act No. 183 of the 1982 General
Assembly and which was duly ratified at the 1982 general elec-
tion (Ga. L. 1982, p. 2675) and which relates to allocation to
the Chattooga County School District and to the City of Trion
for the use of the Trion Independent School District of the pro-
ceeds of any local sales and use tax levied within Chattooga
County; to provide that the board of education of the Chattooga
County School District or the governing authority of the City
of Trion may call for the imposition of such a local sales and
use tax in the same manner as a qualified municipality or county
may call for such imposition under Article 2 of Chapter 8 of
Title 48 of the Official Code of Georgia Annotated; to provide
for the holding of an election as to the imposition of such tax;
to provide for all related matters; to provide the authority for
this Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
4448 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 1. (a) That constitutional amendment which was
proposed by Resolution Act No. 183 of the 1982 General Assem-
bly and which was duly ratified at the 1982 general election
(Ga. L. 1982, p. 2675) and which relates to allocation to the
.Chattooga County School District and to the City of Trion for
the use of the Trion Independent School District of the proceeds
of any local sales and use tax levied within Chattooga County
shall not be repealed or deleted on July 1, 1987, as a part of
the Constitution of the State of Georgia but is specifically contin-
ued in force and effect on and after that date as a part of the
Constitution of the State of Georgia.
(b) This Act is passed pursuant to Article XI, Section I,
Paragraph IV of the Constitution of the State of Georgia which
authorizes the continuation of certain amendments to the Con-
stitution.
Section 2. Pursuant to the authority granted to the Gen-
eral Assembly by said constitutional amendment to control by
local law the subject matter of said amendment, the Board of
Education of the Chattooga County School District and the gov-
erning authority of the City of Trion are each authorized to
call for the imposition within the special district conterminous
with Chattooga County of the tax authorized by Article 2 of
Chapter 8 of Title 48 of the Official Code of Georgia Annotated.
If either said board of education or said governing authority
elects to call for the imposition of the tax, it shall do so by
resolution in the same manner as county and municipal govern-
ing authorities are authorized to do by Article 2 of Chapter 8
of Title 48 of the Official Code of Georgia Annotated. Any resolu-
tion so adopted shall be transmitted to the election superinten-
dent of Chattooga County; and thereafter an election with re-
spect to the imposition of the tax shall be held as if the governing
authority of Chattooga County had transmitted such a resolu-
tion to the election superintendent. If approved by the voters
in the manner specified by Article 2 of Chapter 8 of Title 48
of the Official Code of Georgia Annotated, the tax shall then
be imposed on the first day of the first calendar quarter which
begins more than 80 days after the date of the election at which
the imposition of the tax is approved. Once imposed the tax
shall be administered as provided in Article 2 of Chapter 8 of
Title 48 of the Official Code of Georgia Annotated and shall
be distributed to the Chattooga County School District and to
GEORGIA LAWS 1985 SESSION
4449
the Town of Trion for the use of the Trion Independent School
District in the manner specified by said constitutional amend-
ment. No distribution certificate shall be required to be filed
in order for the tax to continue to be so imposed and distributed.
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
1985 session of the General Assembly of Georgia a bill to con-
tinue in force and effect as a part of the Constitution of the
State of Georgia that constitutional amendment which was pro-
posed by Resolution Act No. 183 of the 1982 General Assembly
and which was duly ratified at the 1982 general election (Ga.
L. 1982, p. 2675) and which relates to allocation to the Chattooga
County School District and to the City of Trion for the use of
the Trion Independent School District of the proceeds of any
local sales and use tax levied within Chattooga County; to pro-
vide that an election for the imposition of such a tax may be
called either by the board of education of the Chattooga County
School District or by the governing authority of the City of
Trion; to provide for all related matters; and for other purposes.
This 19th day of Feb., 1985.
John G. Crawford
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: February 21, 1985.
/s/ John G. Crawford
Representative,
5th District
4450 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 25th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 27, 1985.
CHATTOOGA COUNTY BOARD OF EDUCATION;
COMPENSATION.
No. 307 (House Bill No. 1000).
AN ACT
To provide that the members of the Chattooga County Board
of Education shall be compensated in the manner and in the
amounts specified by the general law of this state; to provide
for related matters; to provide an effective date; to repeal con-
flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. The members of the Chattooga County Board
of Education shall be compensated in the manner and in the
amounts specified by the existing or future general law of this
state, and such compensation shall be in lieu of and not in addi-
tion to any other compensation previously provided by any other
provision 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.
GEORGIA LAWS 1985 SESSION
4451
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
1985 session of the General Assembly of Georgia, a bill to provide
that the members of the Chattooga County Board of Education
shall be compensated in the manner and in the amounts pro-
vided by the general law of this state; and for other purposes.
This 19th day of Feb., 1985.
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: February 21, 1985.
/s/ John G. Crawford
Representative,
5th District
Sworn to and subscribed before me,
this 25th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 27, 1985.
4452 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
WHITE COUNTY CLERK OF THE SUPERIOR COURT;
PERSONNEL.
No. 308 (House Bill No. 1002).
AN ACT
To amend an Act to abolish the present mode of compensat-
ing the clerk of the Superior Court of White County, known
as the fee system, and to provide in lieu thereof an annual
salary, approved March 21, 1984 (Ga. L. 1984, p. 4497), so as
to change the provisions relating to employment and compensa-
tion of deputies and other employees; to repeal conflicting laws;
and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act to abolish the present mode of compen-
sating the clerk of the Superior Court of White County, known
as the fee system, and to provide in lieu thereof an annual
salary, approved March 21, 1984 (Ga. L. 1984, p. 4497), is
amended by striking Section 4 and inserting in lieu thereof a
new Section 4 to read as follows:
"Section 4. It shall be within the sole power of the clerk,
during such officers 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 such officer. The number of
any secretaries or deputy clerks shall be agreed upon by
the clerk and by the governing authority of White County.
The governing authority of White County shall fix the com-
pensation of any such employees or personnel which shall
be paid from the funds of White County.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Notice of Intent.
Notice is hereby given that legislation will be introduced
in the 1985 session of the general assembly relative to the com-
pensation of the Clerk of Superior Court of White County.
GEORGIA LAWS 1985 SESSION
4453
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 17, 1985.
/s/ William J. Dover
Representative,
11th District
Sworn to and subscribed before me,
this 21st day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 27, 1985.
HART COUNTY INDUSTRIAL BUILDING AUTHORITY
LOCAL CONSTITUTIONAL AMENDMENT CONTINUED.
No. 309 (House Bill No. 1003).
AN ACT
To continue in force and effect as a part of the Constitution
of the State of Georgia that constitutional amendment which
was proposed by Resolution Act No. 74 (House Resolution No.
58-130) of the 1963 General Assembly (Ga. L. 1963, p. 697), and
which was duly ratified at the 1964 general election and which
relates to the creation, powers, authority, funds, purposes, and
4454 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
procedures of the Hart County Industrial Building Authority;
to provide the authority for this Act; to repeal conflicting laws;
and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. That constitutional amendment which was pro-
posed by Resolution Act No. 74 (House Resolution No. 58-130)
of the 1963 General Assembly (Ga. L. 1963, p. 697), and which
was duly ratified at the 1964 general election and which relates
to the creation, powers, authority, funds, purposes, and proce-
dures of the Hart County Industrial Building Authority shall
not be repealed or deleted on July 1, 1987, as a part of the
Constitution of the State of Georgia but is specifically continued
in force and effect on and after that date as a part of the Constitu-
tion of the State of Georgia.
Section 2. This Act is passed pursuant to Article XI, Sec-
tion I, Paragraph IV of the Constitution of the State of Georgia
which authorizes the continuation of certain amendments to
the 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 regular
1985 session of the General Assembly of Georgia, a bill to con-
tinue in force and effect as a part of the Constitution of the
State of Georgia that constitutional amendment ratified at the
General Election in 1982, that Constitutional Amendment
(H. R. No. 58-130, Ga. Laws 1963, p. 697 et. seq.) creating the
Hart County Industrial Building Authority which Constitu-
tional Amendment was subsequently amended (House Bill No.
554, Ga. Laws 1979, p. 3052, et. seq.), defining certain powers
and duties of the Hart County Industrial Building Authority
and for other matters and purposes.
This 19th day of February, 1985.
Billy Milford
Representative,
13th District
GEORGIA LAWS 1985 SESSION
4455
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Billy Milford, who, on oath,
deposes and says that he is Representative from the 13th Dis-
trict, and that the attached copy of Notice of Intention to Intro-
duce Local Legislation was published in the Hartwell Sun which
is the official organ of Hart County, on the following date: Febru-
ary 21, 1985.
/s/ Billy Milford
Representative,
13th District
Sworn to and subscribed before me,
this 25th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 27, 1985.
CLAYTON COUNTY BOARD OF COMMISSIONERS;
COMPENSATION.
No. 311 (House Bill No. 1010).
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,
1984 (Ga. L. 1984, p. 4184), so as to change the provisions relative
to the compensation of the chairman and other members of
the board; to provide an effective date; to repeal conflicting laws;
and for other purposes.
4456 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act creating the board of commissioners
of Clayton County, approved February 8, 1955 (Ga. L. 1955, p.
2064), as amended, particularly by an Act approved March 14,
1984 (Ga. L. 1984, p. 4184), is amended by striking from Section
7 the following:
"$45,225.00 and "$8,025.00, respectively,
and substituting in lieu thereof the following:
"$48,845.00 and "$8,425.00, 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 $48,845.00 per an-
num, 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 com-
pensated in the amount of $8,425.00 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 per-
taining to the affairs of Clayton County, and the chairman
shall carry out and administer the policies set by the board.
The chairman shall elect the director of finance/comptroller,
but the chairmans selection must be confirmed by a majority
vote of the entire board.
Section 2. This Act shall become effective on the first day
of the month following the month in which it is approved by
the Governor or in which it becomes law without his approval.
GEORGIA LAWS 1985 SESSION
4457
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
1985 session of the General Assembly of Georgia a bill to amend
an Act creating the board of commissioners of Clayton County,
approved February 8, 1955 (Ga. L. 1955, p. 2064) as amended;
and for other purposes.
This 14th day of February, 1985.
Clayton County
Legislative Delegation
State of Georgia. County of Clayton.
Personally appeared before the undersigned a notary public
within and for said county and state, William L. Wadkins Pub-
lisher of Clayton News/Daily, the official legal organ for the
county of Clayton for the publication of official or legal advertise-
ments 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 (Ga.
L. 1955, p. 2064) a true copy of which is hereto annexed, was
published in said newspaper in its issue of the following dates:
Thursday, February 14th, 1985.
/s/ William L. Wadkins
Publisher
Sworn to and subscribe before me this date.
/s/ Brenda M. Morgan
Notary Public, Georgia, State at Large.
My Commission Expires June 14, 1986.
(Seal).
Approved March 27, 1985.
4458 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
STATE COURT OF CLAYTON COUNTY SOLICITOR;
SALARY; RETIREMENT.
No. 312 (House Bill No. 1011).
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, 1984 (Ga. L. 1984,
p. 4182), so as to increase the salary of the solicitor of said
court; to provide that the governing authority of Clayton County
shall pay to the solicitor of said court a sum equal to the contribu-
tions required for solicitors under the Trial Judges and Solicitors
Retirement Fund; to provide an effective date; to repeal conflict-
ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act creating the State Court of Clayton
County, approved January 28, 1964 (Ga. L. 1964, p. 2032), as
amended, particularly by an Act approved March 14, 1984 (Ga.
L. 1984, p. 4182), is amended by striking the symbol and figure
"$33,600.00 from Section 6 in their entirety and substituting
in lieu thereof the symbol and figure "$35,280.00 so that Section
6, when so amended, shall read as follows:
"Section 6. Salary of solicitor. The salary of the solicitor
of said court shall be $35,280.00 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 solic-
itor 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. Said Act is further amended by adding a new
Section 6A immediately following Section 6 to read as follows:
"Section 6A. In addition to the salary provided for the
solicitor of the State Court of Clayton County in Section 6,
the governing authority of Clayton County shall pay to the
solicitor of the State Court of Clayton County a sum equal
to the contribution required for the solicitor by Code Section
GEORGIA LAWS 1985 SESSION
4459
47-10-62 of the O.C.G. A., relating to employee contributions
under the Trial Judges and Solicitors Retirement Fund.
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
1985 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 14th day of February, 1985.
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: February 14, 1985.
/s/ Frank I. Bailey, Jr.
Representative,
72nd District
Sworn to and subscribed before me,
this 22nd day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 27, 1985.
4460 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CLAYTON JUDICIAL CIRCUIT JUDGES; SALARY
SUPPLEMENT.
No. 313 (House Bill No. 1012).
AN ACT
To amend an Act providing for a supplement to the salaries
of the judges of the Superior Court of the Clayton Judicial Cir-
cuit, approved April 10, 1969 (Ga. L. 1969, p. 353), as amended,
particularly by an Act approved March 18, 1980 (Ga. L. 1980,
p. 375), so as to change the county supplement to the state
salary of said judges; to provide an effective date; to repeal con-
flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act providing for a supplement to the sala-
ries of the judges of the Superior Court of the Clayton Judicial
Circuit, approved April 10, 1969 (Ga. L. 1969, p. 353), as
amended, particularly by an Act approved March 18, 1980 (Ga.
L. 1980, p. 375), is amended by striking from Section 1 the follow-
ing:
"$7,000.00,
and substituting in lieu thereof the following:
"$8,200.00,
so that when so amended Section 1 shall read as follows:
"Section 1. In addition to the salary payable from state
funds, each judge of the Superior Court of the Clayton Judi-
cial Circuit shall receive a supplement of $8,200.00 per an-
num, payable in equal monthly installments out of the funds
of Clayton County. The governing authority of Clayton
County is authorized and directed to pay to each judge 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.
GEORGIA LAWS 1985 SESSION
4461
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
1985 session of the General Assembly of Georgia a bill to amend
an Act providing for a supplement to the salaries of the judges
of the Superior Court of the Clayton Judicial Circuit, approved
April 10, 1969 (Ga. L. 1969, p. 353), as amended; and for other
purposes.
This 14th day of February, 1985.
Clayton County
Legislative Delegation
State of Georgia. County of Clayton.
Personally appeared before the undersigned a notary public
within and for said county and state, William L. Wadkins Pub-
lisher of Clayton News/Daily, the official legal organ for the
county of Clayton for the publication of official or legal advertise-
ments 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 (Ga.
L. 1969, p. 353) a true copy of which is hereto annexed, was
published in said newspaper in its issue of the following dates:
Thursday, February 14th, 1985.
/s/ William L. Wadkins,
Publisher
Sworn to and subscribe before me this date.
/s/ Brenda M. Morgan
Notary Public, Georgia, State at Large.
My Commission Expires June 14, 1986.
(Seal).
Approved March 27, 1985.
4462 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
STATE COURT OF CLAYTON COUNTY JUDGES;
COMPENSATION.
No. 314 (House Bill No. 1013).
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 15, 1984 (Ga. L. 1984,
p. 4306), so as to change the provisions relating to the compensa-
tion 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 15, 1984 (Ga.
L. 1984, p. 4306), is amended by striking from Section 3 the
following:
$46,050.00,
and substituting in lieu thereof the following:
$48,355.00,
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 $48,355.00 per
annum which shall be paid monthly by the board of commis-
sioners 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 1985 SESSION
4463
Section 2. This Act shall become effective on the first day
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
1985 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 14th day of February, 1985.
Clayton County
Legislative Delegation
State of Georgia. County of Clayton.
Personally appeared before the undersigned a notary public
within and for said county and state, William L. Wadkins Pub-
lisher of Clayton News/Daily, the official legal organ for the
county of Clayton for the publication of official or legal advertise-
ments 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 (Ga.
L. 1964, p. 2032) a true copy of which is hereto annexed, was
published in said newspaper in its issue of the following dates:
Thursday, February 14th, 1985.
/s/ William L. Wadkins,
Publisher
Sworn to and subscribe before me this date.
/s/ Brenda M. Morgan
Notary Public, Georgia, State at Large.
My commission expires June 14, 1986.
(Seal).
Approved March 27, 1985.
4464 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CLAYTON JUDICIAL CIRCUIT DISTRICT ATTORNEY;
SALARY SUPPLEMENT.
No. 315 (House Bill No. 1014).
AN ACT
To amend an Act providing for a county supplement to the
state salary of the district attorney of the Clayton Judicial Cir-
cuit, approved March 4, 1977 (Ga. L. 1977, p. 2856), as amended
by an Act approved March 18, 1980 (Ga. L. 1980, p. 378), so
as to change the amount of said supplement; to provide an effec-
tive date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act providing for a county supplement to
the state salary of the district attorney of the Clayton Judicial
Circuit, approved March 4, 1977 (Ga. L. 1977, p. 2856), as
amended by an Act approved March 18, 1980 (Ga. L. 1980, p.
378), is amended by striking from Section 1 the following:
$4,500.00,
and substituting in lieu thereof the following:
$5,700.00,
so that when so amended Section 1 shall read as follows:
"Section 1. In addition to the salary payable from state
funds, the district attorney of the Clayton Judicial Circuit
shall receive a county supplement of $5,700.00 per annum
payable in equal monthly installments out of the funds of
Clayton County. The governing authority of Clayton County
is authorized and directed to pay the district attorney the
additional 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.
GEORGIA LAWS 1985 SESSION
4465
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
1985 session of the General Assembly of Georgia a bill to amend
an Act providing a county supplement to the state salary of
the district attorney of the Clayton Judicial Circuit, approved
March 4, 1977 (Ga. L. 1977, p. 2856), as amended; and for other
purposes.
This 14th day of February, 1985.
Clayton County
Legislative Delegation
State of Georgia. County of Clayton.
Personally appeared before the undersigned a notary public
within and for said county and state, William L. Wadkins Pub-
lisher of Clayton News/Daily, the official legal organ for the
county of Clayton for the publication of official or legal advertise-
ments 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 (Ga.
L. 1977, p. 2856) a true copy of which is hereto annexed, was
published in said newspaper in its issue of the following dates:
Thursday, February 14th, 1985.
/s/ William L. Wadkins,
Publisher
Sworn to and subscribe before me this date.
/s/ Brenda M. Morgan
Notary Public, Georgia, State at Large.
My Commission Expires June 14, 1986.
(Seal).
Approved March 27, 1985.
I
4466 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CLAYTON COUNTY JUDGE OF THE PROBATE COURT;
COMPENSATION.
No. 316 (House Bill No. 1015).
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, 1984 (Ga. L. 1984, p. 4180), 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, 1984 (Ga. L. 1984, p. 4180), is amended
by striking from Section 1 the following:
"$32,325.00,
and substituting in lieu thereof the following:
"$33,940.00,
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 compensa-
tion, and all fees or other emoluments now allowed, or here-
after 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 $33,940.00 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.
GEORGIA LAWS 1985 SESSION
4467
Section 2. This Act shall become effective on the first day
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
1985 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 14th day of February, 1985.
Clayton County
Legislative Delegation
State of Georgia. County of Clayton.
Personally appeared before the undersigned a notary public
within and for said county and state, William L. Wadkins Pub-
lisher of Clayton News/Daily, the official legal organ for the
county of Clayton for the publication of official or legal advertise-
ments 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 (Ga.
L. 1950, p. 2068) a true copy of which is hereto annexed, was
published in said newspaper in its issue of the following dates:
Thursday, February 14th, 1985.
/s/ William L. Wadkins,
Publisher
Sworn to and subscribe before me this date.
/s/ Brenda M. Morgan
Notary Public, Georgia, State at Large.
My Commission Expires June 14, 1986.
(Seal).
Approved March 27, 1985.
4468 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CLAYTON COUNTY SHERIFF; CLERK OF THE
SUPERIOR COURT; DEPUTY CLERK; COMPENSATION.
No. 317 (House Bill No. 1016).
AN ACT
To amend an Act placing the sheriff and clerk of the Superior
Court of Clayton County on an annual salary, approved Febru-
ary 25, 1949 (Ga. L. 1949, p. 1910), as amended, particularly
by an Act approved March 14, 1984 (Ga. L. 1984, p. 4210), so
as to change the compensation of said officers; to change the
compensation of the deputy clerk of the superior court; to pro-
vide an effective date; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act placing the sheriff and clerk of the Supe-
rior Court of Clayton County on an annual salary, approved
February 25, 1949 (Ga. L. 1949, p. 1910), as amended, particu-
larly by an Act approved March 14, 1984 (Ga. L. 1984, p. 4210),
is amended by striking from Section 1 the following:
"$32,325.00,
and substituting in lieu thereof the following:
"$33,940.00,
so that when so amended Section 1 shall read as follows:
"Section 1. The salaries for the officers herein named
shall be their full and complete salaries, and all fees or other
emoluments now allowed, or hereafter allowed by any au-
thority 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 $33,940.00 per annum, both salaries being
payable in equal monthly installments by the governing au-
thority of said county out of the funds of said county. Any
GEORGIA LAWS 1985 SESSION
4469
funds, except the salary provided herein, which is collected
under the color of their offices shall be construed as county
funds and shall be accounted for as such.
Section 2. Said Act is further amended by striking from
subsection (b) of Section 1A the following:
"$24,850.00,
and substituting in lieu thereof the following:
"$26,095.00,
so that when so amended said subsection Ob) 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 $26,095.00 per annum, payable in equal
monthly installments out of the funds of Clayton County.
Section 3. This Act shall become effective on the first day
of the month following the month in which it is approved by
the Governor or in which it becomes law without his approval.
Section 4. All laws and parts of laws in conflict with this
Act are repealed.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular
1985 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 14th day of February, 1985.
Clayton County
Legislative Delegation
State of Georgia. County of Clayton.
Personally appeared before the undersigned a notary public
within and for said county and state, William L. Wadkins Pub-
4470 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
lisher of Clayton News/Daily, the official legal organ for the
county of Clayton for the publication of official or legal advertise-
ments 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 (Ga.
L. 1949, p. 1910) a true copy of which is hereto annexed, was
published in said newspaper in its issue of the following dates:
Thursday, February 14th, 1985.
/s/ William L. Wadkins,
Publisher
Sworn to and subscribe before me this date.
/s/ Brenda M. Morgan
Notary Public, Georgia, State at Large.
My Commission Expires June 14, 1986.
(Seal).
Approved March 27, 1985.
CLAYTON COUNTY CIVIL SERVICE BOARD;
COMPENSATION.
No. 318 (House Bill No. 1017).
AN ACT
To amend an Act known as the "Clayton County Civil Service
System Act, approved April 2, 1963 (Ga. L. 1963, p. 2747), as
amended, particularly by an Act approved April 12, 1982 (Ga.
L. 1982, p. 3723), so as to change the provisions relating to the
compensation of the members of the civil service board; to pro-
vide an effective date; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
GEORGIA LAWS 1985 SESSION
4471
Section 1. An Act known as the "Clayton County Civil
Service System Act, approved April 2, 1963 (Ga. L. 1963, p.
2747), as amended, particularly by an Act approved April 12,
1982 (Ga. L. 1982, p. 3723), is amended by striking from subsec-
tion (c) of Section 3 the following:
. "$50.00,
and by substituting in lieu thereof the following:
'*"$75.00,
so that when so amended subsection (c) shall read as follows:
"(c) Members of the civil service board shall be paid
the sum of $75.00 per diem for time actually devoted to
the business of the board, not exceeding 25 days in any calen-
dar year.
Section 2. This Act shall become effective on the first day
of the month following the month in which it is approved by
the Governor or in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular
1985 session of the General Assembly of Georgia a bill to amend
an Act known as the "Clayton County Civil Service System
Act, approved April 2, 1963 (Ga. L. 1963, p. 2747), as amended;
and for other purposes.
This 14th day of February, 1985.
Clayton County
Legislative Delegation
State of Georgia. County of Clayton.
Personally appeared before the undersigned a notary public
within and for said county and state, William L. Wadkins Pub-
lisher of Clayton News/Daily, the official legal organ for the
county of Clayton for the publication of official or legal advertise-
4472 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
merits 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 (Ga.
L. 1963, p. 2747) a true copy of which is hereto annexed, was
published in said newspaper in its issue of the following dates:
.Thursday, February 14th, 1985.
/s/ William L. Wadkins,
Publisher
Sworn to and subscribe before me this date.
/s/ Brenda M. Morgan
Notary Public, Georgia, State at Large.
My Commission Expires June 14, 1986.
(Seal).
Approved March 27, 1985.
CLAYTON COUNTY TAX COMMISSIONER; DEPUTY TAX
COMMISSIONER; COMPENSATION.
No. 319 (House Bill No. 1019).
AN ACT
To amend an Act consolidating the offices of tax receiver
and tax collector of Clayton County into the office of tax commis-
sioner, approved August 18, 1925 (Ga. L. 1925, p. 600), as
amended, particularly by an Act approved March 21, 1984 (Ga.
L. 1984, p. 4516), 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:
GEORGIA LAWS 1985 SESSION
4473
Section 1. An Act consolidating the offices of tax receiver
and tax collector of Clayton County into the office of tax commis-
sioner, approved August 18, 1925 (Ga. L. 1925, p. 600), as
amended, particularly by an Act approved March 21, 1984 (Ga.
L. 1984, p. 4516), is amended by striking from subsection (b)
of Section 7 the following:
"$32,325.00,
and substituting in lieu thereof the following:
"$33,940.00,
so that when so amended said subsection (b) shall read as follows:
"(b) The tax commissioner of Clayton County shall re-
ceive an annual salary of $33,940.00 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:
"$24,850.00,
and substituting in lieu thereof the following:
"$26,095.00,
so that when so amended subsection (b) shall read as follows:
"(b) The deputy tax commissioner shall receive as com-
pensation for his services a salary to be fixed in the discretion
of the tax commissioner in an amount not to exceed $26,-
095.00 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.
4474 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
1985 session of the General Assembly of Georgia a bill to consoli-
date the offices of tax receiver and tax collector of Clayton
County into the office of tax commissioner, approved August
18,1925 (Ga. L. 1925, p. 600), as amended; and for other purposes.
This 14th day of February, 1985.
Clayton County
Legislative Delegation
State of Georgia. County of Clayton.
Personally appeared before the undersigned a notary public
within and for said county and state, William L. Wadkins Pub-
lisher of Clayton News/Daily, the official legal organ for the
county of Clayton for the publication of official or legal advertise-
ments 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 (Ga.
L. 1925, p. 600) a true copy of which is hereto annexed, was
published in said newspaper in its issue of the following dates:
Thursday, February 14th, 1985.
/s/ William L. Wadkins,
Publisher
Sworn to and subscribe before me this date.
/s/ Brenda M. Morgan
Notary Public, Georgia, State at Large.
My Commission Expires June 14, 1986.
(Seal).
Approved March 27, 1985.
GEORGIA LAWS 1985 SESSION
4475
FAYETTE COUNTY TAX COMMISSIONER;
COMPENSATION.
No. 320 (House Bill No. 1024).
AN ACT
To amend an Act creating the office of tax commissioner
of Fayette County, approved January 26, 1956 (Ga. L. 1956, p.
2022), as amended, so as to change the compensation of the
tax commissioner; to provide an effective date; to repeal conflict-
ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act creating the office of tax commissioner
of Fayette County, approved January 26, 1956, (Ga. L. 1956,
p. 2022), as amended, is amended by striking subsection (a) of
Section 4 of said Act in its entirety and inserting in lieu thereof
a new subsection (a) to read as follows:
"(a) The tax commissioner of Fayette County shall re-
ceive an annual salary of $34,750.00, payable in equal
monthly installments from the funds of Fayette County. This
salary shall be the tax commissioners full and complete
compensation and shall be in lieu of all other fees or emolu-
ments now or hereafter authorized by law. All funds col-
lected from any source by the tax commissioner shall be
county funds and shall be paid into the county treasury.
Should the compensation from all sources as authorized un-
der general laws ever exceed the salary provided for in this
subsection, the provisions of general law shall prevail.
Section 2. This Act shall become effective on the first day
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.
4476 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Notice of Intention to Apply for Local Legislation.
Notice is hereby given that there will be introduced in the
1985 session of the General Assembly of Georgia a bill to amend
an Act providing for the compensation for the Tax Commissioner
of Fayette County (Ga. Laws 1956, pg. 2022, as amended and
Ga. Laws 1973, pg. 3214, as amended) so as to increase the
salary of the Tax Commissioner of Fayette County; to repeal
conflicting laws and for other purposes.
William R. McNally
County Attorney,
Fayette County
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 23, 1985.
/s/ Paul W. Heard, Jr.
Representative,
43rd District
Sworn to and subscribed before me,
this 20th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 27, 1985.
GEORGIA LAWS 1985 SESSION
4477
FAYETTE COUNTY JUDGE OF THE PROBATE COURT;
COMPENSATION.
No. 321 (House Bill No. 1026).
AN ACT
To amend an Act abolishing the fee system of compensation
for the judge of the Probate Court of Fayette County and provid-
ing an annual salary in lieu thereof, approved March 24, 1965
(Ga. L. 1965, p. 2621), as amended, so as to change the compensa-
tion of the judge of the probate court; to provide an effective
date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act abolishing the fee system of compensa-
tion for the judge of the Probate Court of Fayette County and
providing an annual salary in lieu thereof, approved March
24,1965 (Ga. L. 1965, p. 2621), as amended, is amended by strik-
ing subsection (a) of Section 2 of said Act in its entirety and
inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The judge of the Probate Court of Fayette County
shall receive an annual salary of $34,750.00, payable in equal
monthly installments from the funds of Fayette County. This
salary shall be the judge of the probate courts full and com-
plete compensation and shall be in lieu of all other fees or
emoluments now or hereafter authorized by law. All funds
collected from any source by the judge of the probate court
shall be county funds and shall be paid into the county trea-
sury. Should the compensation from all sources as authorized
under general laws ever exceed the salary provided for in
this subsection, the provisions of general law shall prevail.
Section 2. This Act shall become effective on the first day
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.
4478 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Notice of Intention to Apply for Local Legislation.
Notice is hereby given that there will be introduced in the
1985 session of the General Assembly of Georgia a bill to amend
an Act providing for the compensation for the Judge of the
Probate Court of Fayette County (Ga. Laws 1965, pg. 2621, as
amended) so as to increase the salary of the Judge of the Probate
Court of Fayette County; to repeal conflicting laws and for other
purposes.
William R. McNally
County Attorney,
Fayette County
State of Georgia. County of Fayette.
Publishers Affidavit.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Gary L. Cornwell, who,
on oath deposes and says that he is publisher and/or duly ap-
pointed representative of the Fayette County News, and that
the attached copy of Notice of Intention to Introduce Local Legis-
lation was published in the Fayette County News, which is the
official organ of Fayette County, on January 23, 1985.
/s/ Gary L. Cornwell,
Publisher and/or duly
appointed
Representative of the
Fayette County News
Sworn to and subscribed before me,
this 25th day of January, 1985.
/s/ Helen S. Teague
Notary Public.
(Seal).
Approved March 27, 1985.
GEORGIA LAWS 1985 SESSION
4479
FAYETTE COUNTY SHERIFF; COMPENSATION.
No. 322 (House Bill No. 1027).
AN ACT
To amend an Act abolishing the fee system of compensation
for the sheriff of Fayette County and providing an annual salary
in lieu thereof, approved March 24, 1965 (Ga. L. 1965, p. 2585),
as amended, so as to change the compensation of the sheriff;
to provide an effective date; to repeal conflicting laws; and for
other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act abolishing the fee system of compensa-
tion for the sheriff of Fayette County and providing an annual
salary in lieu thereof, approved March 24, 1965 (Ga. L. 1965,
p. 2585), as amended, is amended by striking Section 2 of said
Act in its entirety and inserting in lieu thereof a new Section
2 to read as follows:
"Section 2. The sheriff of Fayette County shall receive
an annual salary of $37,750.00, payable in equal monthly
installments from the funds of Fayette County. This salary
shall be the sheriffs full and complete compensation and
shall be in lieu of all other fees or emoluments now or here-
after authorized by law. All funds collected from any source
by the sheriff shall be county funds and shall be paid into
the county treasury. Should the compensation from all
sources as authorized under general laws ever exceed the
salary provided for in this subsection, the provisions of gen-
eral law shall prevail.
Section 2. This Act shall become effective on the first day
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.
4480 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Notice of Intention to Apply for Local Legislation.
Notice is hereby given that there will be introduced in the
1985 session of the General Assembly of Georgia a bill to amend
an Act providing for the compensation for the Sheriff of Fayette
County (Ga. Laws 1965, pg. 2585, as amended) so as to increase
the salary of the Sheriff of Fayette County; to repeal conflicting
laws and for other purposes.
William R. McNally
County Attorney,
Fayette County
State of Georgia. County of Fayette.
Publishers Affidavit.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Gary L. Cornwell, who,
on oath deposes and says that he is publisher and/or duly ap-
pointed representative of the Fayette County News, and that
the attached copy of Notice of Intention to Introduce Local Legis-
lation was published in the Fayette County News, which is the
official organ of Fayette County, on January 23, 1985.
/s/ Gary L. Cornwell
Publisher and/or duly
appointed Representative of
the Fayette County News
Sworn to and subscribed before me,
this 25th day of January, 1985.
/s/ Helen S. Teague
Notary Public.
(Seal).
Approved March 27, 1985.
GEORGIA LAWS 1985 SESSION
4481
BURKE COUNTY BOARD OF EDUCATION; ELECTIONS;
REFERENDUM.
No. 323 (House Bill No. 1028).
AN ACT
To provide for election of members to the Burke 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 Burke County at which
the voters of the Burke County school district may approve or
disapprove of said election procedure; to provide for other mat-
ters relative to the foregoing; to provide an effective date; to
repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. (a) The board of education of Burke County
shall be composed of five members to be elected as provided
in this Act. For the purpose of electing members of the board,
Burke County shall be divided into five education districts as
follows:
Education District No. 1
Burke
Tract 9902
Blocks 333 through 338
That part of Block 339 outside
the City of Waynesboro
Block Groups 5 through 7
Tract 9903
Those parts of Blocks 405, 406, and
413 which lie south of the
Southern Natural Gas
Company pipeline
Blocks 414 through 416
Those parts of Blocks 417 and 421
which lie south of the Southern
Natural Gas Company pipeline
Block Groups 5 through 9
4482 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Education District No. 2
Burke
Tract 9902
Block Groups 1 and 2
Blocks 301 through 332
That part of Block 339 within
the City of Waynesboro
Blocks 340 through 348 and
429 through 459
Education District No. 3
Burke
Tract 9901
Block Groups 1 through 3
Blocks 402, 403, 405, 406, 409
through 413, and 501
through 506
Tract 9902
Blocks 401 through 428
Education District No. 4
Burke
Tract 9901
Blocks 401, 414 through 416, and
507 through 517
Block Groups 6 through 9
Tract 9903
Blocks 301 through 307
Education District No. 5
Burke
Tract 9903
Block Groups 1 and 2
Blocks 308 through 330, 401 through
404, and 407 through 412
Those parts of Blocks 405, 406, 413,
and 417 which lie north of the
Southern Natural Gas Company
pipeline
GEORGIA LAWS 1985 SESSION
4483
Blocks 418 through 420
That part of Block 421 which lies north
of the Southern Natural Gas Company
pipeline
(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 decen-
nial census of 1980 for the State of Georgia;
(2) Whenever the description of any education dis-
trict refers to a named city, it shall mean the geographi-
cal boundaries of that city as shown on the census maps
for the United States decennial census of 1980 for the
State of Georgia; and
(3) Any part of Burke County which is not included
in any district described in this section shall be included
within that district contiguous to such part which con-
tains the least population according to the United States
decennial census of 1980 for the State of Georgia.
Section 2. There shall be one member of the board elected
in a nonpartisan election 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 repre-
senting each education district shall be elected by the voters
of that education district only. Board members shall be elected
by a majority vote of the registered voters casting ballots in
each education district.
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, is a qualified elector of Burke County, 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
4484 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 immedi-
ately become vacant.
Section 4. The terms of the members in office on the effec-
tive date of this section shall expire on December 31,1986. Mem-
bers elected under this Act shall be elected in a nonpartisan
primary and nonpartisan election in the same manner as speci-
fied for nonpartisan election of judicial officers and pursuant
to Code Section 21-2-139 of the O.C.G.A. The first members
elected under this Act shall be elected at the 1986 election.
The members elected in 1986 to represent Education Districts
No. 1, 2, and 5 shall take office on January 1, 1987, and shall
serve for terms of four years and until their successors are
elected and qualified. The members elected in 1987 to represent
Education Districts No. 3 and 4 shall take office on January
1, 1987, and shall serve for terms of two years and until their
successors are elected and qualified. Thereafter, members shall
be elected at the election next preceding expiration of a term
of office and shall take office on the first day of January following
their election to serve for terms of four years and until their
successors are elected and qualified.
Section 5. At the first meeting of the board in January,
1987, and at the first meeting in January of each year thereafter,
the board shall elect one of its members as chairman to serve
for a term of one year and such other officers as the board
shall determine. Three 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. (a) In the event any vacancy occurs on the
board of education, the grand jury of Burke County shall select
a person to fill the vacancy. The person selected to fill a vacancy
shall serve until the first general election which occurs more
than 60 days after the date of the vacancy; and at a special
election held in conjunction with that general election there
shall be elected a member to take office immediately and serve
for the remainder of the unexpired term of office. Any person
selected to fill a vacancy shall be a resident of the education
district in which the vacancy occurs.
GEORGIA LAWS 1985 SESSION
4485
(b) In the event a vacancy occurs in the office of chair-
man of the board, the remaining members shall elect from
among their members a new chairman to serve for the unex-
pired term.
(c) The board of education of Burke County created by
this Act shall be the successor to all the rights, powers, du-
ties, and obligations of the old board of education of Burke
County and shall be subject to all constitutional and statu-
tory provisions relating to county boards of education not
in conflict with this Act.
Section 7. In the event the voters of the Burke County
school district fail to approve the election of board members
as set forth in this Act, the board of education for Burke County
shall continue to be appointed by the grand jury of Burke
County, according to the Constitution and the laws of the State
of Georgia.
Section 8. It shall be the duty of the election superinten-
dent of Burke County to issue the call for an election for the
purpose of submitting this Act to the electors of Burke County
for approval or rejection. The superintendent shall set the date
of such election for a date not later than September 30, 1985.
Such election shall be called and conducted as provided by gen-
eral law. The superintendent shall cause the date and purpose
of the election to be published once a week for two weeks immedi-
ately preceding the date thereof in the official organ of Burke
County. The ballot shall have written or printed thereon the
words:
"( ) YES Shall the Act providing for a new
board of education for Burke County
( ) NO 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 effective January 1, 1987, except
that the provisions of this Act necessary for the election of the
board in 1986 shall become effective immediately.
4486 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
The expense of such election shall be borne by Burke 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.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given there will be introduced at the regular
1985 session of the General Assembly of Georgia a bill to provide
that members of the board of education of the Burke County
School district shall in the future be elected by the voters of
the school district; to provide for a referendum; and for other
purposes.
This 13th day of February, 1985.
E. E. Bargeron
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 13, 1985.
/s/ Emory E. Bargeron
Representative,
108th District
Sworn to and subscribed before me,
this 26th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 27, 1985.
GEORGIA LAWS 1985 SESSION
4487
GLASCOCK COUNTY CLERK OF THE SUPERIOR COURT
PLACED ON AN ANNUAL SALARY.
No. 324 (House Bill No. 1029).
AN ACT
To abolish the present method of compensating the clerk
of the Superior Court of Glascock County, known as the fee
system; to provide in lieu thereof an annual salary pursuant
to general law; to provide that all fees, costs, or other emolu-
ments of said officer shall become the property of the county;
to provide for the collection of all such fees, costs, and emolu-
ments; 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 other
matters relative to the foregoing; to repeal an Act providing a
supplement to the compensation of the clerk of the Superior
Court of Glascock County, approved April 6, 1981 (Ga. L. 1981,
p. 3993); 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 Glascock County, known as the fee
system, is abolished. The clerk of the superior court shall receive
an annual salary as prescribed by the applicable provisions of
Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia
Annotated, relating to clerks of the superior courts, as such
provisions are now or hereafter amended.
Section 2. 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 al-
lowed 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 trea-
sury on or before the fifteenth of each month next following
4488 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
the month in which they were collected or received. At the
time of each such monthly payment into the county treasury,
the clerk of the superior court shall furnish the governing au-
thority of the county a detailed, itemized statement of all such
funds received during the preceding month by such officer
and paid into the county treasury. The statement shall show
the respective amounts of money collected and the source
thereof.
Section 3. The clerk of the superior court shall have the
authority to appoint such deputies, clerks, and assistants, and
other personnel as said officer shall deem necessary to discharge
the official duties of the clerks office efficiently and effectively.
The clerk shall, from time to time, recommend to the governing
authority of said county the number of such personnel needed
by the clerks office, together with the suggested compensation
to be paid each employee. However, it shall be within the sole
discretion of the governing authority of said county to fix the
compensation to be received by each employee in said office.
It shall be within the sole power and authority of the clerk of
the superior court, during said officers term of office, to desig-
nate and name the person or persons who shall be employed
as such deputies, clerks, and assistants and to remove or replace
any of such employees at will and within said officers sole discre-
tion.
Section 4. The necessary operating expenses of the clerk
of the superior courts office, expressly including the compensa-
tion of all personnel and employees, shall be paid from any
funds of the county available for such purposes. 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.
Section 5. An Act providing a supplement to the compen-
sation of the clerk of the Superior Court of Glascock County,
approved April 6, 1981 (Ga. L. 1981, p. 3993), is repealed in
its entirety.
Section 6. This Act shall become effective on January 1,
1987.
GEORGIA LAWS 1985 SESSION
4489
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 1985 session of the General Assembly of Georgia a bill
to place the Clerk of the Superior Court of Glascock County
on a salary in lieu of the fee system of compensation and in
lieu of compensation approved April 6, 1981 (Ga. L. 1981, p.
3993), to provide for other matters relative thereto; and for other
purposes.
This 19th day of February, 1985.
Ben Barron Ross
Representative,
82nd District
Affidavit.
Georgia, Glascock County.
To Whom It May Concern:
This is to certify that the legal notice attached hereto has
been published in the: Gibson Record and Guide legal organ
for Glascock County, the following dates, to-wit: February 22,
1985.
Sworn to on the 22nd day
of February, 1985.
/s/ Alva L. Haywood Publisher
Sworn to and subscribed to before me,
on the 22nd day of February, 1985.
/s/ Rhonda S. Phillips
Notary Public.
My Commission Expires January 25, 1989.
(Seal).
Approved March 27, 1985.
4490 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CATOOSA COUNTY DEVELOPMENT AUTHORITY
MEMBERS; POWERS.
No. 325 (House Bill No. 1037).
AN ACT
To amend an Act implementing the constitutional amend-
ment creating the Catoosa County Development Authority, ap-
proved April 17, 1973 (Ga. L. 1973, p. 3310), so as to change
the manner of selecting members of the authority; to change
the terms of the members; to change certain powers and authori-
ties of the Catoosa County Development Authority; to provide
for authority; to provide for all related matters; to provide an
effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act implementing the constitutional amend-
ment creating the Catoosa County Development Authority, ap-
proved April 17, 1973 (Ga. L. 1973, p. 3310), 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 accordance with the amendment to Arti-
cle VII, Section V, Paragraph I of the Constitution creating
the Catoosa County Development Authority, ratified Novem-
ber 8, 1966 (Ga. L. 1966, p. 781), the members of the Author-
ity are designated and their terms, method of appointment,
powers, and duties are provided. The members of the Author-
ity shall be those persons appointed as the Board of Directors
of the Development Authority of Catoosa County, pursuant
to Code Sections 36-62-4 and 36-62-5 of the O.C.G.A. The
members of the Catoosa County Development Authority
shall serve for the same terms as the members of the Board
of Directors of the Development Authority of Catoosa
County. A majority of the members shall constitute a quo-
rum but no action shall be taken by the Authority without
the affirmative vote of the total membership of the Author-
ity. The chairman, vice-chairman, secretary, and treasurer,
or secretary-treasurer, shall be those persons serving in that
GEORGIA LAWS 1985 SESSION
4491
capacity on the Board of Directors of the Development Au-
thority of Catoosa County.
Section 2. Said Act is further amended by striking Section
2 in its entirety and inserting in lieu thereof a new Section 2
to read as follows:
"Section 2. (a) The Authority shall act in accordance
with and subject to the amendment to Article VII, Section
V, Paragraph I of the Constitution creating the Catoosa
County Development Authority.
Gj) Pursuant to the authority given in subparagraph
M. of the amendment to Article VII, Section V, Paragraph
I of the Constitution creating the Catoosa County Develop-
ment Authority and notwithstanding any other provision
of said amendment, the governing authority of Catoosa
County is authorized but not required to provide the addi-
tional funds necessary in the event the income of the Author-
ity is not sufficient to pay the principal and interest of the
revenue bonds issued by the Authority pursuant to said
amendment.
Section 3. This Act shall become effective upon its ap-
proval 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 requested to be
introduced into the 1985 regular session of the General Assem-
bly of Georgia, an amendment to provide that the management
and control of the two Development Authorities currently lo-
cated within the boundaries of Catoosa County shall be assumed
by one Board of Directors. In addition, it will be requested that
an Act entitled "Catoosa County Development Authority (Ga.
L. 1966, p. 781, et. seq.) be amended to change the words "autho-
rized and required in the last sentence of paragraph H to "au-
thorized, but is not required, concerning the furnishing of funds
by Catoosa County.
4492 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This 14th day of January, 1985.
Charles R. Lusk
Chairman
Proof of Publication.
State of Georgia, Catoosa County.
Before me, an officer duly authorized by law to administer
oaths, appeared Jim Caldwell, who on oath states that he is
publisher of The Catoosa County News, a newspaper of general
circulation and one in which Sheriffs advertisements are pub-
lished 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 issues dated, to-wit: January
23, 1985.
/s/ Jim Caldwell
Sworn to and subscribed before me,
this the 30 day of January, 1985.
/s/ Juanita Caldwell
Notary Public, Georgia State at Large.
My Commission Expires Apr. 22, 1985.
(Seal).
Approved March 27, 1985.
GEORGIA LAWS 1985 SESSION
4493
JEFF DAVIS COUNTY BOARD OF EDUCATION;
ELECTIONS; REFERENDUM.
No. 326 (House Bill No. 1039).
AN ACT
To amend an Act providing for the election of members of
the Board of Education of Jeff Davis County, approved March
27, 1972 (Ga. L. 1972, p. 2760), as amended by an Act approved
March 16, 1983 (Ga. L. 1983, p. 4130), so as to provide for the
districts from which members of the board of education shall
be elected and to change the provisions relative to the election
of such members; to provide for five single-member district mem-
bers and for two at-large members; to provide for other mat-
ters relative to the foregoing; to provide for a referendum; to pro-
vide 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 Jeff Davis County, approved March
27, 1972 (Ga. L. 1972, p. 2760), as amended by an Act approved
March 16, 1983 (Ga. L. 1983, p. 4130), is amended by striking
Section 1 and Section 1A in their entirety and substituting in
lieu thereof a new Section 1 to read as follows:
"Section 1. (a) The Board of Education of Jeff Davis
County shall consist of seven members who shall be elected
as provided in this section. Two members shall be at-large
members of the board of education and shall be elected by
a majority of the voters voting within the Jeff Davis County
School District. For the purpose of electing the remaining
five members of the board, the Jeff Davis County School
District shall be divided into five education districts as fol-
lows:
4494 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Education District Number lift
Beginning at the intersection of the Altamaha River
and U. S. Highway 221 (GA 135) and proceeding south-
ward 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 north-
east 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 intersec:
tion with County Road 114. The District line then follows
CR 114 to its intersection with County Road 185. The
District line then proceeds northward until it intersects
with the Ocmulgee River.
Education District Number 2:
Beginning at the intersection of the Altamaha River
and U. S. Highway 221 (GA 135) and proceeding south-
ward 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 south-
west 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 intersec-
tion with County Road 257. The District line then follows
CR 257 southeast to its intersection with County Road
172 where it turns northeast and follows CR 172 to the
County Line of Jeff Davis and Appling Counties.
Education District Number 3:
Beginning at the intersection of the Coffee County
line and County Road 293 and proceeding north along
GEORGIA LAWS 1985 SESSION
4495
CR 293 to its intersection with County Road 296 where
it follows CR 296 north 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 Rail-
road line. The District line then turns southeast and fol-
lows 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.
Education District Number 4:
Beginning at the intersection of the Coffee County
line and County Road 293 and proceeding north along
CR 293 to its intersection with County Road 296 where
it follows CR 296 north 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 296. The District line then follows
CR 296 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 southwesterly
to its intersection with County Road 8 and then follows
4496 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
County Road 8 southwesterly to its intersection with
County Road 10. The District line then follows County
Road 10 south to its intersection with GA 268 where it
proceeds southwest to the intersection with Georgia
Highway 107. The District line then follows GA 107 west
to the Coffee County line.
Education District Number 5:
Beginning at the intersection of the Coffee County
line and Georgia Highway 107 and proceeding east to
the intersection with Georgia Highway 268. The District
line then follows GA 268 northeast to its intersection
with County Road 10 where it follows CR 10 north 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 intersec-
tion 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 un-
til it intersects with the Ocmulgee River.
(b) Any part of the Jeff Davis County School District
which is not included in any education district described
in subsection (a) of this section shall be included within that
education 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 Jeff Davis County.
(c) Each member of the Board of Education of Jeff Davis
County representing an education district shall be elected
by a majority of the voters voting within each respective
education district, and one member of the board shall be
elected from each such education district. A member of the
GEORGIA LAWS 1985 SESSION
4497
board representing an education district shall have been a
resident of the respective education district for at least six
months prior to taking office and shall remain a member
of such district during a term of office. Each at-large member
of the board shall have been a resident of the Jeff Davis
County School District for at least six months prior to taking
office and shall remain a resident of said school district dur-
ing a term of office. Each person offering as a candidate
for election to represent an education district shall specify
the education district for which the person is offering. There
shall be two posts designated Post 1 and Post 2 for the at-
large membership of the board. Each person offering as a
candidate for election as an at-large member of the board
shall designate the post for which the person is offering.
(d) The first at-large member from Post 1 and the first
members from Education Districts 3,4, and 5 shall be elected
at the general election of 1986. The members so elected shall
take office on the first day of January, 1987, for terms of
four years and until their successors are elected and quali-
fied. Thereafter, their successors shall be elected at the gen-
eral 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. The first
at-large member from Post 1 and the first members from
Education Districts 3, 4, and 5 elected at the general election
of 1986 shall be successors to those four members of the
heretofore existing Board of Education of Jeff Davis County
whose regular terms of office expire on December 31, 1986.
For the period beginning on January 1, 1987, and ending
on December 31, 1988, the Board of Education of Jeff Davis
County shall consist of the four members elected at the gen-
eral election of 1986 as provided in this subsection and those
three members of the heretofore existing Board of Education
of Jeff Davis County who were elected at the general election
of 1984 and whose regular terms of office expire on December
31, 1988.
(e) The first at-large member from Post 2 and the first
members from Education Districts 1 and 2 shall be elected
at the general election of 1988 and shall take office on Janu-
ary 1,1989, for terms of four years and until their successors
4498 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
are elected and qualified. Thereafter, their successors shall
be elected at the general election immediately preceding
the expiration of their terms of office and shall take office
on the first day of January immediately following their elec-
tion for terms of four years and until their successors are
elected and qualified.
(f) All members of the Board of Education of Jeff Davis
County shall be nominated and elected in accordance with
the provisions of O.C.G.A. Chapter 2 of Title 21 known as
the 'Georgia Election Code.
Section 2. Said Act is further amended by adding at the
end of Section 3 a new subsection (c) to read as follows:
"(c) If any member of the Board of Education of Jeff
Davis County representing an education district ceases to
be a resident of the education district from which the mem-
ber was elected, a vacancy in the office of such member shall
thereby be created. If an at-large member of said board of
education ceases to be a resident of the Jeff Davis County
School District, a vacancy in the office of such at-large mem-
ber shall thereby be created. The elections provided for in
subsection (b) of this Section shall be held only within the
education district wherein the vacancy exists if the vacancy
is in the district membership of the board of education. If
the vacancy is in the at-large membership of the board of
education, the election shall be held within the entire Jeff
Davis County School District.
Section 3. It shall be the duty of the election superinten-
dent of Jeff Davis County to issue the call for an election for
the purpose of submitting this Act to the electors of the Jeff
Davis County School District for approval or rejection. The su-
perintendent shall set the date of such election for the second
Tuesday in April, 1986. The superintendent shall issue the call
for the election at least 30 but not more than 45 days prior to
the date of the election. The superintendent shall cause the
date and purpose of the election to be published once a week
for two weeks immediately preceding the date thereof in the
official organ of Jeff Davis County. The ballot shall have written
or printed thereon the words:
GEORGIA LAWS 1985 SESSION
4499
"( ) YES Shall the Act providing for the elec-
tion of five members of the Board of
( ) NO Education of Jeff Davis County from
five single-member districts and for
the election of two at-large members
of said board be approved?
Those persons desiring to vote for approval of the Act shall
vote "Yes, and those persons desiring to vote for rejection of
the Act shall vote "No. If more than one-half of the votes cast
on such question are for approval of the Act, it shall become
of full force and effect as provided in Section 4 of this Act,
but otherwise it shall be void and of no force and effect.
The expense of such election shall be borne by Jeff Davis
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 4. If this Act is approved in the referendum pro-
vided for in Section 3 of this Act, it shall become effective as
follows:
(1) The provisions of this Act necessary for the election
at the 1986 general election of the first members of the Board
of Education of Jeff Davis County from at-large Post 1 and from
Education Districts 3, 4, and 5, as provided in quoted Section
1 of Section 1 of this Act, shall become effective immediately
upon the certification of the results of the referendum provided
for in Section 3 of this Act; and
(2) This Act shall be effective for all purposes on January
1, 1987.
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
1985 session of the General Assembly of Georgia a bill amending
an act providing for the election of the members of the Board
4500 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
of Education of Jeff Davis County approved March 27, 1972
(Ga. L. 1972, Page 2760) as amended; and for other purposes.
This 15th day of January, 1985.
Affidavit.
State of Georgia, Jeff Davis County.
Personally appeared before the undersigned officer, duly au-
thorized under the laws of Georgia to administer oaths,
Thomas H. Purser, who on oath deposes and says that he is
publisher of "The Jeff Davis County Ledger, a newspaper pub-
lished in the City of Hazlehurst, Georgia, of general circulation
in Jeff Davis County, Georgia, and that the attached advertise-
ment has been published in "The Jeff Davis County Ledger
once a week for one week in the regular issue of January 16,
1985. This is the legal organ of Jeff Davis County.
/s/ Thomas H. Purser
Publisher,
Jeff Davis County Ledger
Sworn to and subscribed before me,
this 25th day of February, 1985.
/s/ Carolyn Thompson
Notary Public, Jeff Davis County, Georgia.
My commission expires: June 12, 1988.
(Seal).
Approved March 27, 1985.
GEORGIA LAWS 1985 SESSION
4501
LYONS DEVELOPMENT AUTHORITY LOCAL
CONSTITUTIONAL AMENDMENT CONTINUED.
No. 327 (House Bill No. 1040).
AN ACT
To continue in force and effect as a part of the Constitution
of the State of Georgia that constitutional amendment which
was proposed by Resolution Act No. 29 (House Resolution No.
26-50c) of the 1957 General Assembly (Ga. L. 1957, p. 181), and
which was duly ratified at the 1958 general election and which
relates to the creation, powers, authority, funds, purposes, and
procedures of the Lyons Development Authority; to provide the
authority for this Act; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. That constitutional amendment which was pro-
posed by Resolution Act No. 29 (House Resolution No. 26-50c)
of the 1957 General Assembly (Ga. L. 1957, p. 181), and which
was duly ratified at the 1958 general election and which relates
to the creation, powers, authority, funds, purposes, and proce-
dures of the Lyons Development Authority shall not be repealed
or deleted on July 1, 1987, as a part of the Constitution of the
State of Georgia but is specifically continued in force and effect
on and after that date as a part of the Constitution of the State
of Georgia.
Section 2. This Act is passed pursuant to Article XI, Sec-
tion I, Paragraph IV of the Constitution of the State of Georgia
which authorizes the continuation of certain amendments to
the 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 regular
1985 session of the General Assembly of Georgia a bill to con-
4502 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
tinue in force and effect as a part of the Constitution of the
State of Georgia that Constitutional amendment which was
passed by General Assembly and the powers and administration
of the authority; and for other purposes.
This 11th day of February, 1985.
Lyons City Council
W. T. Aiken, Mayor
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 Lyons Progress
which is the official organ of Toombs County, on the following
date: February 14, 1985.
/s/ Roger C. Byrd
Representative,
153rd District
Sworn to and subscribed before me,
this 26th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 27, 1985.
GEORGIA LAWS 1985 SESSION
4503
BANKS COUNTY TAX COMMISSIONER;
COMPENSATION.
No. 328 (House Bill No. 1044).
AN ACT
To amend an Act consolidating the offices of tax receiver
and tax collector of Banks County into the office of tax commis-
sioner of Banks County, approved March 28, 1974 (Ga. L. 1974,
p. 3798), as amended by an Act approved April 12, 1982 (Ga.
L. 1982, p. 3897), so as to change the compensation of the tax
commissioner; to provide an effective date; to repeal conflicting
laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act consolidating the offices of tax receiver
and tax collector of Banks County into the office of tax commis-
sioner of Banks County, approved March 28, 1974 (Ga. L. 1974,
p. 3798), as amended by an Act approved April 12, 1982 (Ga.
L. 1982, p. 3897), is amended by striking Section 5 and inserting
in lieu thereof a new Section 5 to read as follows:
"Section 5. The tax commissioner shall receive an annual
salary of $18,000.00. The tax commissioner shall be paid
in equal monthly installments out of the funds of Banks
County.
Section 2. This Act shall become effective on the first day
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.
Public Notice.
Notice of intent to introduce local legislation regarding the
adjustment of the salary of the Tax Commissioner of Banks
County.
4504 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 Banks
County Journal which is the official organ of Banks County,
on the following date: December 5, 1984.
/s/ William J. Dover
Representative,
11th District
Sworn to and subscribed before me,
this 15th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 27, 1985.
GILMER COUNTY TAX COMMISSIONER;
COMPENSATION AND COMMISSIONS.
No. 329 (House Bill No. 1049).
AN ACT
To amend an Act consolidating the offices of tax receiver
and tax collector of Gilmer County into the office of the tax
commissioner of Gilmer County, approved March 18, 1968 (Ga.
L. 1968, p. 2305), so as to change the compensation and commis-
sions of said tax commissioner; to repeal conflicting laws; and
for other purposes.
GEORGIA LAWS 1985 SESSION
4505
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act consolidating the offices of tax receiver
and tax collector of Gilmer County into the office of the tax
commissioner of Gilmer County, approved March 18, 1968 (Ga.
L. 1968, p. 2305), is amended by striking Section 3 thereof and
inserting in its place the following:
"Section 3. The tax commissioner shall receive for his
services as such an annual salary of $18,700.00, payable in
equal monthly installments from the funds of Gilmer
County. Notwithstanding Section 4 of this Act, the tax com-
missioner shall not be entitled to any commissions for the
sale of motor vehicle license plates pursuant to Code Section
40-2-30 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 given that there will be introduced at the regular
1985 session of the General Assembly of Georgia a bill to amend
an Act consolidating the offices of tax receiver and tax collector
into the office of tax commissioner of Gilmer County, approved
March 18,1968 (Ga. L. 1968, p. 2305), as amended; and for other
purposes.
This 11th day of February, 1985.
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 Times-Courier
which is the official organ of Gilmer County, on the following
date: February 14, 1985.
/s/ Ralph Twiggs
Representative,
4th District
4506 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 26th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 27, 1985.
DOWNTOWN MARIETTA DEVELOPMENT AUTHORITY
DISTRICT ENLARGED.
No. 330 (House Bill No. 1050).
AN ACT
To amend an Act creating the Downtown Marietta Develop-
ment Authority, approved April 10, 1971 (Ga. L. 1971, p. 3459),
as amended, so as to enlarge the Downtown Marietta District;
to provide an effective date; to repeal conflicting laws; and for
other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section it An Act creating the Downtown Marietta Devel-
opment Authority, approved April 10,1971 (Ga. L. 1971, p. 3459),
as amended, is amended by adding at the end of Section 3 the
following:
"Also, all that tract or parcel of land lying and being
in Land Lot 1219 of the 16th District, 2nd Section, City of
Marietta, Cobb County, Georgia, being more particularly de-
scribed as follows:
GEORGIA LAWS 1985 SESSION
4507
Beginning at the intersection of the south side of
Whitlock Avenue and the west side of Wright Street,
and running thence south along Wright Street 279 feet
to a point and corner; running thence west 240 feet to
a point and corner; running thence north 279.5 feet to
a point and corner on the south side of Whitlock Avenue;
running thence east along Whitlock Avenue 249.5 feet
to the point of beginning.
Section 2. This Act shall become effective upon its ap-
proval 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 1985 Session of the General Assembly of Georgia, a
bill to amend an Act creating the Downtown Marietta Develop-
ment Authority approved April 10, 1971 (Ga. L. 1971, p. 3450),
as heretofore amended, and for other purposes.
This 4th day of January, 1985.
Roy E. Barnes
Haskew Brantley
Jim Tollison
Carl Harrison
Joe Mack Wilson
A. L. Burrus
Steve Thompson
Terry Lawler
Fred Aiken
Johnny Isakson
Bill Atkins
Frank Johnson
Tom Wilder
Bill Cooper
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Joe Mack Wilson, who,
4508 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 11, 1985.
/s/ Joe Mack Wilson
Representative,
20th District
Sworn to and subscribed before me,
this 26th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 27, 1985.
STATE COURT OF COBB COUNTY CHIEF DEPUTY
CLERK; CLERK; SOLICITOR; CHIEF ASSISTANT AND
ASSISTANT SOLICITORS; COMPENSATION.
No. 331 (House Bill No. 1051).
AN ACT
To amend an Act creating the State Court of Cobb County,
approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended,
so as to change compensation provisions relating to the chief
deputy clerk and the clerk; to change compensation provisions
relating to the solicitor, chief assistant solicitor, and the assis-
tant solicitors; to increase the number of assistant solicitors;
to provide an effective date; to repeal conflicting laws; and for
other purposes.
GEORGIA LAWS 1985 SESSION
4509
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act creating the State Court of Cobb County,
approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended,
is amended by striking in its entirety paragraph (4) of subsection
(b) of Section 17 and inserting in its place a new paragraph
(4) to read as follows:
"(4) The salary of the chief deputy clerk shall be
$35,200.00 per annum to be paid in equal monthly install-
ments from the funds of the county.
Section 2. Said Act is further amended by striking from
Section 23 the following:
"The clerk of the State Court of Cobb County shall receive
an annual salary of $28,310.00, payable in equal monthly
installments from the funds of Cobb County.,
and inserting in its place the following:
"The clerk of the State Court of Cobb County shall receive
an annual salary of $39,600.00, payable in equal monthly
installments from the funds of Cobb County.
Section 3. Said Act is further amended by striking in its
entirety paragraph (1) of subsection (b) of Section 27 and insert-
ing in its place a new paragraph (1) to read as follows:
"(1) The compensation of the solicitor shall be
$45,900.00 per annum, payable in equal monthly install-
ments from the funds of Cobb County.
Section 4. Said Act is further amended by striking in its
entirety subsection (d) of Section 27 and inserting in its place
a new subsection (d) to read as follows:
"(d) The solicitor shall have the authority to appoint
the same number of assistant solicitors as the number of
judges of the State Court of Cobb County, plus one additional
assistant solicitor. The solicitor and his staff shall perform
4510 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
the same functions in relation to matters within the jurisdic-
tion of the Magistrate Court of Cobb County as they perform
in relation to matters within the jurisdiction of the judges
of the State Court of Cobb County; and the solicitor shall
have the authority to appoint the same number of additional
assistant solicitors as the number of judges of the Magistrate
Court of Cobb County to enable the solicitor and his staff
to perform such functions. The compensation of such assis-
tant solicitors shall be determined by the solicitor except
that said compensation of such assistant solicitors shall be
not less than $15,000.00 nor more than $28,543.00 per an-
num, payable in equal monthly installments from the funds
of Cobb County. Provided, however, that the compensa-
tion of the chief assistant solicitor shall be not less than
$15,000.00 nor more than 90 percent of the compensation
of the solicitor and shall be paid in the same manner as
all other assistant solicitors. The solicitor shall prescribe
the duties and assignments of said assistant solicitors; and,
while so employed, they shall not engage in private practice
of law.
Section 5. This Act shall become effective on the first day
of the month following the month in which it is approved by
the Governor or in which it becomes law without his approval.
Section 6. All laws and parts of laws in conflict with this
Act are repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the
regular 1985 Session of the General Assembly of Georgia, a
bill to amend an Act creating the State Court of Cobb County,
approved March 26, 1964 (Ga. L. 1964, proved April 11, 1979
(Ga. L. 1979, p. 4197), fixing the compensation of the Solicitor
and the Assistant Solicitors of the State Court of Cobb County
and for other purposes.
This 4th day of January, 1985.
GEORGIA LAWS 1985 SESSION
4511
Roy E. Barnes
Haskew Brantley
Jim Tollison
Carl Harrison
Joe Mack Wilson
A. L. Burruss
Steve Thompson
Terry Lawler
Fred Aiken
Johnny Isakson
Bill Atkins
Frank Johnson
Tom Wilder
Bill Cooper
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Fred Aiken, who, on oath,
deposes and says that he 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 11, 1985.
/s/ Fred Aiken
Representative,
21st District
Sworn to and subscribed before me,
this 25th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 27, 1985.
4512 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CITY OF COLLEGE PARK AD VALOREM TAXES.
No. 332 (House Bill No. 1052).
AN ACT
To amend the charter of the City of College Park, Georgia
(Georgia Laws 1895, p. 251, et seq.), as amended particularly
by Georgia Laws 1949, page 1961 et seq. so as to modify the
provisions relating to ad valorem taxation; to repeal conflicting
laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. That Georgia Laws 1949, p. 1961 et seq. is hereby
amended by striking Sections III and IV thereof in their entirety
and inserting in lieu thereof the following:
"Section III. The Mayor and Council shall have power
to assess, levy and collect an ad valorem tax upon all real
and personal property in said City, for the purpose of provid-
ing revenue for the ordinary expenses of the municipal gov-
ernment.
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
1985 Session of the General Assembly of Georgia, an Act to
amend the Charter of the City of College Park so as to modify
the provisions relating to assessment of ad valorem taxes; and
for other purposes.
Glaze and McNally, P.C.
City Attorneys
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 Dis-
trict, and that the attached copy of Notice of Intention to Intro-
duce Local Legislation was published in the Fulton County Daily
GEORGIA LAWS 1985 SESSION
4513
Report which is the official organ of Fulton County, on the follow-
ing date: February 15, 1985.
/s/ G. D. Adams
Representative,
36th District
Sworn to and subscribed before me,
this 26th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 27, 1985.
CITY OF COLLEGE PARK HOMESTEAD EXEMPTIONS;
REFERENDUM.
No. 333 (House Bill No. 1053).
AN ACT
Adopted pursuant to the authority of Article VII, Section
II, Paragraph 3(a)(1) of the Constitution of the State of Georgia,
to amend the charter of the City of College Park, Georgia (Ga.
Laws 1895, p. 251 et seq., as amended) so as to increase the
amount of the homestead exemption from city ad valorem taxa-
tion to resident homeowners in the city; to provide for the sub-
mission of this amendment for ratification or rejection; and for
other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA pursuant to the authority of Article VII, Section II,
Paragraph 3(a)(1) of the Constitution of the State of Georgia:
Section 1. An Act amending the Charter of City of College
Park (Ga. Laws 1895, p. 251 et seq. as amended) Ga. Laws 1949,
p. 1961 et seq. is hereby amended by striking Section IV thereof
and inserting in lieu thereof the following:
4514 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
"Homestead Exemptions
The homestead of each resident of the City of College
Park actually occupied by the owner as a residence and a
homestead, but only so long as actually occupied by the
owner primarily as such, is hereby exempted from city ad
valorem taxes, except taxes levied by said city for the pay-
ment of interest on and retirement of bonded indebtedness,
in the amount of $12,000.00 of its value.
Section 2. Not less than 30 days after the date of the ap-
proval of this Act by the Governor, or after it otherwise becomes
law, nor later than July 1, 1985, it shall be the duty of the
election superintendent of the City of College Park to issue the
call for an election for the purpose of submitting this Act to
the electors of the City of College Park for approval or rejection.
The superintendent shall set the date of such election for a
day not less than 30 nor more than 60 days after the date of
the issuance of the call. The superintendent shall cause the
date and purpose of the election to be published once a week
for two weeks immediately preceding the date thereof in the
official organs of Fulton and Clayton Counties. The ballot shall
have written or printed thereon the words:
"( ) YES Shall an Act amending the Charter
of the City of College Park so as to
( ) NO provide for a homestead exemption
for resident homeowners of the City
of College Park in the amount of
$12,000.00 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
College Park. 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 1985 SESSION
4515
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
1985 session of the General Assembly of Georgia an Act to
amend the charter of the City of College Park, Georgia, Article
VIII, Taxation and Finance, said amendment adopted pursuant
to the authority of Article VII, Section II, Paragraph 3 (a) (1)
of the Constitution of the State of Georgia, so as to increase
the amount of the homestead exemption from city ad valorem
taxation to resident homeowners in the City of College Park,
to provide for the submission of this amendment for ratification
or rejection; and for other purposes.
George E. Glaze
City Attorney,
City of College Park
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 Dis-
trict, and that the attached copy of Notice of Intention to Intro-
duce Local Legislation was published in the Fulton County Daily
Report which is the official organ of Fulton County, on the follow-
ing date: January 31, 1985.
/s/ G. D. Adams
Representative,
36th District
Sworn to and subscribed before me,
this 26th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 27, 1985.
4516 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
DAWSON COUNTY TAX COMMISSIONER;
COMPENSATION.
No. 334 (House Bill No. 1054).
AN ACT
To amend an Act creating the office of tax commissioner
of Dawson County, approved February 11, 1943 (Ga. L. 1943,
p. 925), as amended, particularly by an Act approved March
6, 1981 (Ga. L. 1981, p. 3045), so as to change the compensation
of the tax commissioner; to provide an effective date; to repeal
conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act creating the office of tax commissioner
of Dawson County, approved February 11, 1943 (Ga. L. 1943,
p. 925), as amended, particularly by an Act approved March
6, 1981 (Ga. L. 1981, p. 3045), is 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 tax commissioner of Dawson County
shall receive an annual salary of $18,000.00, payable in equal
monthly installments from the funds of Dawson County. Said
amount shall be increased by 3 percent for each complete
term of office served by the tax commissioner. The annual
salary provided in this section shall be in lieu of all fees
and commissions formerly allowed the tax commissioner and
all fees and commissions collected by the tax commissioner
shall be paid into the county treasury.
(b) For the purposes of computing the salary of the tax
commissioner in office on July 1,1985, the 3 percent increase
provided by subsection (a) of this section shall be applied
retroactively for each complete term of office served by the
tax commissioner prior to July 1, 1985.
Section 2. This Act shall become effective on July 1,1985.
GEORGIA LAWS 1985 SESSION
4517
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
1985 session of the General Assembly of Georgia a bill to amend
the Act creating the office of tax commissioner of Dawson
County, approved February 11, 1943 (Ga. L. 1943, p. 925), as
amended, so as to change the compensation and provide longev-
ity increases for said officer; and for other purposes.
This 22nd day of January, 1985.
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Jerry D. Jackson, who,
on oath, deposes and says that he is Representative from the
9th District, and that the attached copy of Notice of Intention
to Introduce Local Legislation was published in the Dawson
County Advertiser which is the official organ of Dawson County,
on the following date: January 24, 1985.
/s/ Jerry D. Jackson
Representative,
9th District
Sworn to and subscribed before me,
this 25th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 27, 1985.
4518 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
DAWSON COUNTY CLERK OF THE SUPERIOR COURT;
JUDGE OF THE PROBATE COURT; COMPENSATION.
No. 335 (House Bill No. 1055).
AN ACT
To amend an Act placing the clerk of the Superior Court
of Dawson County and the judge of the Probate Court of Dawson
County upon an annual salary, approved February 27, 1969
(Ga. L. 1969, p. 2110), as amended, particularly by an Act ap-
proved March 6, 1981 (Ga. L. 1981, p. 3053), so as to change
the compensation of said clerk and judge; to repeal conflicting
laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act placing the clerk of the Superior Court
of Dawson County and the judge of the Probate Court of Dawson
County upon an annual salary, approved February 27, 1969
(Ga. L. 1969, p. 2110), as amended, particularly by an Act ap-
proved March 6, 1981 (Ga. L. 1981, p. 3053), is amended by
striking Section 2 in its entirety and inserting in lieu thereof
a new Section 2 to read as follows:
"Section 2. The clerk of the superior court shall receive
an annual salary of $14,600.00, payable in equal monthly
installments from the funds of Dawson County. Said sum
shall be increased by 3 percent for each complete term of
office served by the clerk. In addition to the salary provided
by this section, the clerk shall receive the amounts provided
by O.C.G.A. Code Section 15-6-89 for such clerks service
as the clerk of the juvenile court.
Section 2. Said Act is further amended by striking Section
3 in its entirety and inserting in lieu thereof a new Section 3
to read as follows:
"Section 3. (a) The judge of the probate court shall receive
an annual salary of $12,050.00. Said amount shall be in-
creased by 3 percent for each complete term of office served
GEORGIA LAWS 1985 SESSION
4519
by the judge. In addition, the judge shall receive the amounts
provided by Code Section 15-9-64 of the O.C.G.A. for conduct-
ing elections and for being responsible for traffic cases under
any general or local law. Said compensation shall be payable
in equal monthly installments from the funds of Dawson
County.
(b) For the purposes of computing the salary of the j udge
of the probate court in office on the effective date of this
Act, the 3 percent increase provided by subsection (a) of
this section shall be applied retroactively for each complete
term of office served by such judge prior to the effective
date 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 given that there will be introduced at the regular
1985 session of the General Assembly of Georgia a bill to amend
an Act placing the clerk of the superior court and the judge
of the Probate Court of Dawson County on an annual salary,
approved February 27, 1969 (Ga. L. 1969, p. 2110), as amended,
so as to change the compensation and provide longevity in-
creases for said officers; and for other purposes.
This 22nd day of January, 1985.
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Joe T. Wood, who, on oath,
deposes and says that he is Representative from the 9th District,
and that the attached copy of Notice of Intention to Introduce
Local Legislation was published in the Dawson County Adver-
tiser which is the official organ of Dawson County, on the follow-
ing date: January 24, 1985.
/s/ Joe T. Wood
Representative,
9th District
4520 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 25th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 27, 1985.
SEMINOLE COUNTY TAX COMMISSIONER;
COMPENSATION.
No. 336 (House Bill No. 1056).
AN ACT
To amend an Act creating the office of tax commissioner
of Seminole County, approved February 25, 1949 (Ga. L. 1949,
p. 1238), as amended, particularly by an Act approved April
6,1981 (Ga. L. 1981, p. 3251), so as to change provisions relating
to the compensation of the tax commissioner; 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 office of tax commissioner
of Seminole County, approved February 25, 1949 (Ga. L. 1949,
p. 1238), as amended, particularly by an Act approved April
6, 1981 (Ga. L. 1981, p. 3251), is amended by striking Section
1 and inserting in its place a new Section 1 to read as follows:
"Section 1. (a) From the date upon which this section
becomes effective until December 31, 1988, the tax commis-
sioner of Seminole County shall be compensated as provided
in this subsection (a).
GEORGIA LAWS 1985 SESSION
4521
(1) The tax commissioner shall receive a base salary
equal to the amount fixed as his total minimum compen-
sation by the general state law in effect on February ll
1985.
(2) The tax commissioner shall receive any addi-
tional amounts added to said total minimum compensa-
tion by general state law on or after February 1, 1985,
and prior to January 1, 1988.
(3) The tax commissioner shall, in addition to the
amounts specified by paragraphs (1) and (2) of this subsec-
tion, receive a local salary supplement. As of the effective
date of this section, the governing authority of Seminole
County shall fix the amount of such local salary supple-
ment such that the sum of the amount specified by para-
graph (1) of this subsection and the local salary supple-
ment shall be not less than $20,700.00 per year. The
amount of local salary supplement so fixed shall not
thereafter be reduced prior to January 1, 1989, it being
the intent of this section that until December 31, 1988,
the tax commissioner of Seminole County shall receive
a total salary equal to $20,700.00 per year plus any
amounts added to his total minimum compensation by
general state law on or after February 1, 1985, and prior
to January 1, 1989.
(b) Effective January 1, 1989, the tax commissioner of
Seminole County shall be compensated as provided in this
subsection (b). The tax commissioner shall receive a base
salary equal to the amount fixed as his total minimum com-
pensation by the general state law then in effect plus a local
salary supplement fixed by the governing authority of Semi-
nole County in its discretion.
(c) All amounts fixed by this section as compensation
of the tax commissioner of Seminole County shall be paid
in equal biweekly installments from funds of Seminole
County; and all compensation of the employees of the tax
commissioner shall likewise be paid in equal biweekly in-
stallments from funds of Seminole County.
Section 2. This Act shall become effective on the first day
of the month following the month in which this Act is approved
by the Governor or becomes law without his approval.
4522 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 1985 session of the General Assembly a bill to change
the method of determining the minimum salaries of the Sheriff,
Clerk of Superior Court, Probate Judge and the Tax Commis-
sioner of Seminole County.
So dated this 22nd day of February, 1985.
Seminole County
Commissioners
Louise Alday, Clerk
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: February 21, 1985.
/s/ Walter E. Cox
Representative,
141st District
Sworn to and subscribed before me,
this 26th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 27, 1985.
GEORGIA LAWS 1985 SESSION
4523
SEMINOLE COUNTY JUDGE OF THE PROBATE COURT;
COMPENSATION.
No. 337 (House Bill No. 1057).
AN ACT
To amend an Act providing for the compensation of the judge
of probate court of Seminole County, approved April 6, 1981
(Ga. L. 1981, p. 3254), so as to change provisions relating to
the compensation of the judge of probate court; to provide for
related matters; to repeal conflicting laws; and for other pur-
poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act providing for the compensation of the
judge of probate court of Seminole County, approved April 6,
1981 (Ga. L. 1981, p. 3254), is amended by striking Section 1
and inserting in its place a new Section 1 to read as follows:
"Section 1. (a) From the date upon which this section
becomes effective until December 31, 1988, the judge of pro-
bate court of Seminole County shall be compensated as pro-
vided in this subsection (a).
(1) The judge of probate court shall receive a base
salary equal to the amount fixed as his total minimum
compensation by the general state law in effect on Febru-
ary 1, 1985.
(2) The judge of probate court shall receive any addi-
tional amounts added to said total minimum compensa-
tion by general state law on or after February 1, 1985,
and prior to January 1, 1988.
4524 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(3) The judge of probate court shall, in addition to
the amounts specified by paragraphs (1) and (2) of this
subsection, receive a local salary supplement. As of the
effective date of this section, the governing authority of
Seminole County shall fix the amount of such local salary
supplement such that the sum of the amount specified
by paragraph (1) of this subsection and the local salary
supplement shall be not less than $28,900.00 per year.
The amount of local salary supplement so fixed shall
not thereafter be reduced prior to January 1, 1989, it
being the intent of this section that until December 31,
1988, the judge of probate court of Seminole County shall
receive a total salary equal to $28,900.00 per year plus
any amounts added to his total minimum compensation
by general state law on or after February 1, 1985, and
prior to January 1, 1989.
(b) Effective January 1,1989, the judge of probate court
of Seminole County shall be compensated as provided in
this subsection (b). The judge of probate court shall receive
a base salary equal to the amount fixed as his total minimum
compensation by the general state law then in effect plus
a local salary supplement fixed by the governing authority
of Seminole County in its discretion.
(c) All amounts fixed by this section as compensation
of the judge of probate court of Seminole County shall be
paid in equal biweekly installments from funds of Seminole
County; and all compensation of the employees of the judge
of probate court shall likewise be paid in equal biweekly
installments from funds of Seminole County.
Section 2. This Act shall become effective on the first day
of the month following the month in which this Act is approved
by the Governor or 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 1985 session of the General Assembly a bill to change
GEORGIA LAWS 1985 SESSION
4525
the method of determining the minimum salaries of the Sheriff,
Clerk of Superior Court, Probate Judge and the Tax Commis-
sioner of Seminole County.
So dated this 22nd day of February, 1985.
Seminole County
Commissioners
Louise Alday, Clerk
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: February 21, 1985.
/s/ Walter E. Cox
Representative,
141st District
Sworn to and subscribed before me,
this 26th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 27, 1985.
4526 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SEMINOLE COUNTY CLERK OF THE SUPERIOR COURT;
COMPENSATION.
No. 338 (House Bill No. 1058).
AN ACT
To amend an Act providing for the compensation of the clerk
of superior court of Seminole County, approved March 31, 1967
(Ga. L. 1967, p. 2335), as amended, particularly by an Act ap-
proved April 12, 1982 (Ga. L. 1982, p. 3848), so as to change
provisions relating to the compensation of the clerk of superior
court; to provide for related matters; to repeal conflicting laws;
and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act providing for the compensation of the
clerk of superior court of Seminole County, approved March
31, 1967 (Ga. L. 1967, p. 2335), as amended, particularly by
an Act approved April 12,1982 (Ga. L. 1982, p. 3848), is amended
by striking Section 1 and inserting in its place a new Section
1 to read as follows:
"Section 1. (a) From the date upon which this section
becomes effective until December 31,1988, the clerk of supe-
rior court of Seminole County shall be compensated as pro-
vided in this subsection (a).
(1) The clerk of superior court shall receive a base
salary equal to the amount fixed as his total minimum
compensation by the general state law in effect on Febru-
ary 1, 1985.
(2) The clerk of superior court shall receive any addi-
tional amounts added to said total minimum compensa-
tion by general state law on or after February 1, 1985,
and prior to January 1, 1988.
GEORGIA LAWS 1985 SESSION
4527
(3) The clerk of superior court shall, in addition to
the amounts specified by paragraphs (1) and (2) of this
subsection, receive a local salary supplement. As of the
effective date of this section, the governing authority of
Seminole County shall fix the amount of such local salary
supplement such that the sum of the amount specified
by paragraph (1) of this subsection and the local salary
supplement shall be not less than $24,800.00 per year.
The amount of local salary supplement so fixed shall
not thereafter be reduced prior to January 1, 1989, it
being the intent of this section that until December 31,
1988, the clerk of superior court of Seminole County shall
receive a total salary equal to $24,800.00 per year plus
any amounts added to his total minimum compensation
by general state law on or after February 1, 1985, and
prior to January 1, 1989.
Ob) Effective January 1,1989, the clerk of superior court
of Seminole County shall be compensated as provided in
this subsection (b). The clerk of superior court shall receive
a base salary equal to the amount fixed as his total minimum
compensation by the general state law then in effect plus
a local salary supplement fixed by the governing authority
of Seminole County in its discretion.
(c) All amounts fixed by this section as compensation
of the clerk of superior court of Seminole County shall be
paid in equal biweekly installments from funds of Seminole
County; and all compensation of the employees of the clerk
of superior court shall likewise be paid in equal biweekly
installments from funds of Seminole County.
Section 2. This Act shall become effective on the first day
of the month following the month in which this Act is approved
by the Governor or 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 1985 session of the General Assembly a bill to change
4528 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
the method of determining the minimum salaries of the Sheriff,
Clerk of the Superior Court, Probate Judge and the Tax Commis-
sioner of Seminole County.
So dated this 22nd day of February, 1985.
Seminole County
Commissioners
Louise Alday, Clerk
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: February 21, 1985.
/s/ Walter E. Cox
Representative,
141st District
Sworn to and subscribed before me,
this 26th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal), H
Approved March 27, 1985.
GEORGIA LAWS 1985 SESSION
4529
SEMINOLE COUNTY SHERIFF; COMPENSATION.
No. 339 (House Bill No. 1059).
AN ACT
To amend an Act providing for the compensation of the sher-
iff of Seminole County, approved February 18,1966 (Ga. L. 1966,
p. 2058), as amended, particularly by an Act approved April
12,1982 (Ga. L. 1982, p. 4665), so as to change provisions relating
to the compensation of the sheriff; 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 providing for the compensation of the
sheriff of Seminole County, approved February 18, 1966 (Ga.
L. 1966, p. 2058), as amended, particularly by an Act approved
April 12, 1982 (Ga. L. 1982, p. 4665), is amended by striking
Section 1 and inserting in its place a new Section 1 to read as
follows:
"Section 1. (a) From the date upon which this section
becomes effective until December 31,1988, the sheriff of Sem-
inole County shall be compensated as provided in this subsec-
tion (a).
(1) The sheriff shall receive a base salary equal to
the amount fixed as his total minimum compensation
by the general state law in effect on February 1, 1985.
(2) The sheriff shall receive any additional amounts
added to said total minimum compensation by general
state law on or after February 1,1985, and prior to Janu-
ary 1, 1988.
4530 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(3) The sheriff shall, in addition to the amounts spec-
ified by paragraphs (1) and (2) of this subsection, receive
a local salary supplement. As of the effective date of
this section, the governing authority of Seminole County
shall fix the amount of such local salary supplement such
that the sum of the amount specified by paragraph (1)
of this subsection and the local salary supplement shall
be not less than $22,524.00 per year. The amount of local
salary supplement so fixed shall not thereafter be re-
duced prior to January 1, 1989, it being the intent of
this section that until December 31, 1988, the sheriff of
Seminole County shall receive a total salary equal to
$22,524.00 per year plus any amounts added to his total
minimum compensation by general state law on or after
February 1, 1985, and prior to January 1, 1989.
(b) Effective January 1, 1989, the sheriff of Seminole
County shall be compensated as provided in this subsection
(b). The sheriff shall receive a base salary equal to the
amount fixed as his total minimum compensation by the
general state law then in effect plus a local salary supple-
ment fixed by the governing authority of Seminole County
in its discretion.
(c) All amounts fixed by this section as compensation
of the sheriff of Seminole County shall be paid in equal bi-
weekly installments from funds of Seminole County; and
all compensation of the employees of the sheriff shall like-
wise be paid in equal biweekly installments from funds of
Seminole County.
Section 2. This Act shall become effective on the first day
of the month following the month in which this Act is approved
by the Governor or 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 1985 session of the General Assembly a bill to change
the method of determining the minimum salaries of the Sheriff,
GEORGIA LAWS 1985 SESSION
4531
Clerk of Superior Court, Probate Judge and the Tax Commis-
sioner of Seminole County.
So dated this 22nd day of February, 1985.
Seminole County
Commissioners
Louise Alday, Clerk
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: February 21, 1985.
/s/ Walter E. Cox
Representative,
141st District
Sworn to and subscribed before me,
this 26th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 27, 1985.
4532 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
BANKS COUNTY BOARD OF COMMISSIONERS;
COMPENSATION.
No. 340 (House Bill No. 1061).
AN ACT
To amend an Act creating the Banks County board of com-
missioners, approved August 19, 1916 (Ga. L. 1916, p. 349), as
amended, particularly by an Act approved March 23, 1977 (Ga.
L. 1977, p. 3901), so as to change the compensation of the chair-
man and other members of the board of commissioners; to pro-
vide 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 Banks County board of com-
missioners, approved August 19, 1916 (Ga. L. 1916, p. 349), as
amended, particularly by an Act approved March 23, 1977 (Ga.
L. 1977, p. 3901), is amended by striking Section 8 in its entirety
and inserting in its place a new Section 8 to read as follows:
"Section 8. (a) Until July 1, 1985, the chairman of the
board of commissioners shall be compensated by an annual
salary of $10,000.00 per year. Thereafter the annual salary
of the chairman shall on each of the dates set out in this
subsection be increased to the amount specified for that date:
July 1, 1985..
January 1, 1986
January 1, 1987
January 1, 1988
January 1, 1989
$ 12,000.00
13.000. 00
14.000. 00
15.000. 00
18.000. 00
(b) Until July 1, 1985, each other member of the board
of commissioners shall be compensated by an annual salary
GEORGIA LAWS 1985 SESSION
4533
of $2,400.00 per year. Thereafter the annual salary of each
other member of the board shall on each of the dates set
out in this subsection be increased to the amount specified
for that date:
July 1, 1985................................ $ 2,700.00
January 1, 1986.............................. 3,000.00
January 1, 1987............................... 3,600.00
January 1, 1988............................. 4,200.00
January 1, 1989................................ 4,800.00
(c) The salaries of the chairman and other members
of the board of commissioners shall be paid in equal monthly
installments from county funds.
(d) The chairman and other members of the board shall
receive no other or further compensation or expenses for
their services as members of the board; but, upon a motion
duly made and adopted by the board, the chairman or other
members may be compensated for actual expenses reason-
ably incurred in the performance of their duties or for any
work performed for the county not in their capacity as chair-
man or as a member of the board, and the amount of such
compensation shall be the same as the regular rate paid
to county employees for such work.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Public Notice.
Notice of intent to introduce local legislation regarding the
adjustments of salaries of elected Banks County officials.
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
4534 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
to Introduce Local Legislation was published in the Banks
County Journal which is the official organ of Banks County,
on the following date: December 5, 1984.
/s/ William J. Dover
Representative,
11th District
Sworn to and subscribed before me,
this 15th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 27, 1985.
CLAYTON JUDICIAL CIRCUIT COURT REPORTERS;
COMPENSATION.
No. 341 (House Bill No. 1062).
AN ACT
To amend an Act providing a salary for the official court
reporter of the Clayton Judicial Circuit, approved March 17,
1959 (Ga. L. 1959, p. 375), as amended, particularly by an Act
approved March 18, 1980 (Ga. L. 1980, p. 383), so as to change
the compensation of the official court reporters of the Clayton
Judicial Circuit; to provide an effective date; to repeal conflicting
laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act providing a salary for the official court
reporter of the Clayton Judicial Circuit, approved March 17,
1959 (Ga. L. 1959, p. 375), as amended, particularly by an Act
GEORGIA LAWS 1985 SESSION
4535
approved March 18, 1980 (Ga. L. 1980, p. 383), is amended by
striking the symbol and figures "$12,200.00 in Section 1 in
their entirety and substituting in lieu thereof the following:
"$13,400.00,
so that when so amended Section 1 shall read as follows:
"Section 1. The official court reporters of the Clayton
Judicial Circuit composed of Clayton County shall be com-
pensated in an amount not to exceed $13,400.00 per annum
each, to be set by the chief judge of the superior court of
said circuit. Such compensation shall be paid in annual
monthly installments from the funds provided for such pur-
poses by Clayton County.
Section 2. This Act shall become effective on the first day
of the month following the month in which it is approved by
the Governor or in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular
1985 session of the General Assembly of Georgia a bill to amend
an Act providing a salary for the official court reporter of the
Clayton Judicial Circuit, approved March 17th, 1959 (Ga. L.
1959, p. 375), as amended, particularly an act approved March
18th, 1980 (Ga. L. 1980, p. 383), so as to change the compensation
of the official court reporters of the Clayton Judicial Circuit;
and for other purposes.
This 22nd day of February, 1985.
Clayton County
Legislative Delegation
State of Georgia. County of Clayton.
Personally appeared before the undersigned a notary public
within and for said county and state, William L. Wadkins, Pub-
lisher of Clayton News/Daily, the official legal organ for the
4536 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
county of Clayton for the publication of official or legal advertise-
ments 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 (Ga.
L: 1959, p. 375) a true copy of which is hereto annexed, was
published in said newspaper in its issue of the following dates:
Friday, Feb. 22, 1985.
/s/ William L. Wadkins,
Publisher
Sworn to and subscribe before me this date.
/s/ Brenda M. Morgan
Notary Public, Georgia, State at Large.
My Commission Expires June 14, 1986.
(Seal).
Approved March 27, 1985.
CLAYTON COUNTY MAGISTRATES; BONDS.
No. 342 (House Bill No. 1063).
AN ACT
To provide that the magistrates of the Magistrate Court of
Clayton County shall post bond or surety with the governing
authority of Clayton County conditioned upon the faithful dis-
charge of their duties as magistrates; to repeal conflicting laws;
and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Magistrates of the Magistrate Court of Clayton
County shall post bond or surety in the sum of $20,000.00 with
the governing authority of Clayton County conditioned upon
GEORGIA LAWS 1985 SESSION
4537
the faithful discharge of their duties as magistrates of the Magis-
trate Court of Clayton 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
1985 session of the General Assembly of Georgia a bill to provide
that the magistrates of the magistrate court of Clayton County
shall post a bond with the governing authority of Clayton County
conditioned upon the faithful performance of their duties; and
for other purposes.
This 21st day of February, 1985.
Clayton County
Legislative Delegation
State of Georgia. County of Clayton.
Personally appeared before the undersigned a notary public
within and for said county and state, William L. Wadkins, Pub-
lisher of Clayton News/Daily, the official legal organ for the
county of Clayton for the publication of official or legal advertise-
ments 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 Re:
Magistrate Court a true copy of which is hereto annexed, was
published in said newspaper in its issue of the following dates:
Thursday, Feb. 21, 1985.
/s/ William L. Wadkins,
Publisher
Sworn to and subscribe before me this date.
/s/ Brenda M. Morgan
Notary Public, Georgia, State at Large.
My Commission Expires June 14, 1986.
(Seal).
Approved March 27, 1985.
4538 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
STATE COURT OF CLAYTON COUNTY DEPOSITS FOR
ADVANCE COSTS.
No. 343 (House Bill No. 1065).
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 21, 1970 (Ga. L. 1970,
p. 3020), so as to change the deposits for advance costs; 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 21, 1970 (Ga.
L. 1970, p. 3020), is amended by striking Section 26 in its entirety
and substituting in lieu thereof a new Section 26 to read as
follows:
"Section 26. (a) Each party filing a suit or proceeding
of any character in the State Court of Clayton County shall
deposit with the clerk of said court, except as hereafter pro-
vided, the total costs due in advance in the sum of $25.00
plus an additional $5.00 for each additional defendant or
garnishee, provided, that such deposit shall not be required
of any person who shall subscribe to an affidavit to the effect
that from his poverty he is unable to pay the same and,
provided further, if the party making such deposit finally
prevails in such proceedings, the amount of said deposits
shall be taxed as part of the cost against the losing party,
and if recovered shall be refunded to the party depositing
same after all costs have been paid, provided that the mini-
mum cost in any event shall equal the advance deposits
provided for in this subsection.
(b) In addition to the foregoing costs, the clerk of said
court shall charge and collect in advance costs as follows:
GEORGIA LAWS 1985 SESSION
4539
For affidavit to obtain an alias fi. fa........... $ 3.50
For taking and approving supersedeas bond......... 5.00
For affidavit where no cause is pending.............. .50
For certificate and seal of court................. 2.50
For certified copy under Code Section 24-7-25... 2.50
For certified copy including first page........... 2.50
Each additional page............................ .50
For exemplified copy including first page......... 5.00
Each additional page............................ .50
For filing and docketing each traverse to an-
swer of garnishment excluding service..;.......... 5.00
For searching and copying record per page......... .50
(c) All costs not provided for in this section shall be
charged for and collected by said court in the same amounts
as costs now set or may hereafter be fixed by law for the
Superior Court of Clayton County.
(d) It shall be the duty of the clerk of the State Court
of Clayton County to pay into the general fund of Clayton
County all money collected for costs on or before the tenth
day of each 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 given that there will be introduced at the regular
1985 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, particularly
by an Act approved March 21, 1970 (Ga. L. 1970, p. 3020), so
4540 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
as to change the deposits for advance costs; to provide that no
additional costs shall be imposed or collected regardless of the
outcome of a case; and for other purposes.
This 14th day of February, 1985.
Clayton County
Legislative Delegation
State of Georgia. County of Clayton.
Personally appeared before the undersigned a notary public
within and for said county and state, William L. Wadkins, Pub-
lisher of Clayton News/Daily, the official legal organ for the
county of Clayton for the publication of official or legal advertise-
ments 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 (Ga.
L. 1970, p. 3020) a true copy of which is hereto annexed, was
published in said newspaper in its issue of the following date:
Thursday, February 14th, 1985.
/s/ William L. Wadkins,
Publisher
Sworn to and subscribe before me this date.
/s/ Brenda M. Morgan
Notary Public, Georgia, State at Large.
My Commission Expires June 14, 1986.
(Seal).
Approved March 27, 1985.
GEORGIA LAWS 1985 SESSION
4541
LAURENS COUNTY TAX COMMISSIONER;
COMPENSATION.
No. 344 (House Bill No. 1067).
AN ACT
To amend an Act consolidating the office of tax receiver
and tax collector of Laurens County into the office of tax commis-
sioner of Laurens County, approved February 12, 1952 (Ga. L.
1952, p. 2327), as amended, particularly by an Act approved
March 14,1983 (Ga. L. 1983, p. 3778), so as to change the compen-
sation 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 office of tax receiver
and tax collector of Laurens County into the office of tax commis-
sioner of Laurens County, approved February 12, 1952 (Ga. L.
1952, p. 2327), as amended, particularly by an Act approved
March 14, 1983 (Ga. L. 1983, p. 3778), is amended by striking
from the first sentence of Section 3 thereof the following:
"$23,667.00,
and inserting in lieu thereof the following:
"$26,417.00,
so that when so amended the first sentence of Section 3 thereof
shall read as follows:
"The tax commissioner of Laurens County shall be com-
pensated in the amount of $26,417.00 per annum, to be paid
in equal monthly installments from the funds of Laurens
County.
4542 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2. This Act shall become effective on the first day
of the month following the month in which it is approved by
the Governor or in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
LEGAL 85-41
Notice is hereby given that there will be introduced in the
1985 regular session of the General Assembly of Georgia, a bill
to alter the compensation of the Tax Commissioner of Laurens
County, Georgia, to provide an effective date, and for other pur-
poses.
Leon Green
County Attorney
State of Georgia. County of Laurens.
Personally appeared before me, the undersigned officer, au-
thorized to administer oaths in the state above, R. Griffin Lovett,
who after being duly sworn makes the following statements:
that he is the publisher of the Courier Herald, Dublin, Georgia,
and that the Courier Herald is the official legal gazette for the
County of Laurens, the City of Dublin, and the town of East
Dublin, and that the attached is a true and accurate statement
of legal advertisements published in the Courier Herald, Dublin,
Georgia, measuring column inches on the 2nd day of February,
1985, for: Legal #41. That this affidavit is given in lieu of check-
ing copies which are not now available.
This is the 11 day of Feb.
/s/ R. Griffin Lovett,
Publisher
The Courier Herald
Dublin, Georgia 31021
GEORGIA LAWS 1985 SESSION
4543
Sworn and subscribed before me,
this 11th day of February.
/s/ Susan H. Adams
Notary Public, Laurens County, Georgia.
My Commission Expires Sept. 26, 1988.
(Seal).
Approved March 27, 1985.
MACON-BIBB COUNTY WATER AND SEWERAGE
AUTHORITY EMPLOYEES PENSION PLAN.
No. 345 (House Bill No. 1068).
AN ACT
To amend an Act known as "Macon-Bibb County Water &
Sewerage Authority Act Amended, approved February 8,1974
(Georgia Laws 1974, page 2031 et seq.); and to amend an ordi-
nance of the City of Macon, Georgia, entitled "An Ordinance
to amend the Charter of the City of Macon whereby all of the
property and assets, real and personal, under the custody and
control of the Board of Water Commissioners, or utilized hereto-
fore by the Water Board in its water and sanitary sewerage
activities, be transferred to the Macon-Bibb County Water and
Sewerage Authority, approved May 11, 1974, passed and ap-
proved pursuant to the authority of the Municipal Home Rule
Act of 1965 (Georgia Laws 1965, page 298 et seq), as amended,
Section 69.1017 et seq., 1933 Court of Georgia Annotated, pub-
lished in (Georgia Laws 1975, page 4871 et seq.); to amend an
Act entitled "Macon-Water Commissioners Pension Plan, ap-
proved December 30, 1953, (Georgia Laws 1953, November-De-
cember session, page 2831, et seq.) (As amended by an Act of
the Georgia Legislature Georgia Laws 1981, page 3464, et seq.)
changing the name of the Pension Plan of said Authority from
4544 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
the name "The Board of Water Commissioners Pension Plan
to "The Macon-Bibb County Water & Sewerage Authority Em-
ployees Pension Plan, so as to eliminate in its entirety Section
6(b)(4) of said Pension Plan, to eliminate all of Section 6(b)(5)
of said Pension Plan that follows the word "board; to change
Section 6(a)(7) of said Pension Plan by striking at the end thereof
"but without any interest thereon at all, and in lieu thereof
adding "provided simple interest shall be added on and to his
contributions annually at the rate of 75% of the actuarial inter-
est assumption figures in effect during such employees time
of service; to provide for the effective date of this Act; to repeal
conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Subparagraph (b)(4) of Section 6 of the "Macon-
Bibb County Water & Sewerage Authority Employees Pension
Plan which provides: "(4) No person shall draw at the same
time more than one benefit under this plan. No pension under
this plan shall be paid to any person so long as such person is
being paid unemployment compensation or other pension or
retirement benefits under any pension or retirement plan which
is supported in whole or in part by contributions by the board
(Authority) or the City of Macon or by taxation of any kind
or character levied by any state, any political subdivision
thereof, the United States or any agency thereof, excepting only
such benefits as may be payable under the Federal Social Secu-
rity Act and such disability compensation, death benefits or
retirement pay arising out of and incident to service in the
Armed Forces of the United States. be and the same is hereby
repealed.
Section 2. So much of paragraph (b)(5) of Section 6 of said
Pension Plan as states "the City of Macon or any agency or
instrumentality of the City of Macon or County of Bibb, be
and the same is hereby repealed so that said Section 6(b)(5)
shall read as follows:
"Pension retirement or disability payments shall not be
made to any member while receiving any remuneration as
an officer or employee from the Board (Authority).
GEORGIA LAWS 1985 SESSION
4545
Section 3. Subparagraph (a)(7) of Section 6 of said Pension
Plan is hereby repealed and in lieu thereof the following is
enacted in its stead:
"In the event a member terminates his service, or his
service is terminated for any reason other than death or
cause for which he receives benefit payments elsewhere un-
der this Pension Plan, he shall be entitled to a severance
benefit equal to his total contributions to the Pension Fund,
as calculated and set forth in subsection (4) above; provided
simple interest shall be added on and to his contributions
annually at the rate of 75% of the actuarial interest assump-
tion figures in effect during such employees time of service.
Section 4. This Act shall become effective upon its ap-
proval 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 Enact Local Legislation.
Pursuant to Official Code of Georgia Section 28-1-14 notice
is hereby given that application will be made to the 1985 session
of the General Assembly of the State of Georgia to amend an
Act known as "Macon-Bibb County Water & Sewerage Authority
Act Amended approved February 8, 1977 (Georgia Laws 1974,
page 2031, et. seq.); and to amend an Ordinance of the City of
Macon approved May 11,1984, published in Georgia Laws 1975,
page 4871, et. seq; to amend an Act entitled "Macon-Water Com-
missioners Pension Plan approved December 30,1953 (Georgia
Laws 1953, November-December Session, page 2831, et. seq.)
as amended by an Act of the Georgia Legislature (Georgia Laws
1981, page 3464, et. seq.) changing the name of the Pension
Plan of said Authority from "The Board of Water Commission-
ers Pension Plan to "The Macon-Bibb County Water & Sewer-
age Authority employees Pension Plan, so as to eliminate in
its entirity Section 6(b)(4) of said Pension Plan, and so as to
eliminate all of Section 6(b)(5) of said Pension Plan that follows
the word "board, (the eliminated portions provide for limita-
tions on benefits under the plan), and so as to change Section
6(a)(7) of said Pension Plan by striking at the end thereof "but
4546 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
without any interest thereon at all, and in lieu thereof adding
''provided simple interest shall be added on and to his contribu-
tions annually at the rate of 75 percent of the actuarial interest
assumption figures in effect during such employees time of ser-
vice.
This December 21, 1984.
Macon-Bibb County Water
& Sewerage Authority
By: Wallace Miller, Jr.
Attorney for Macon-Bibb
County Water & Sewerage
Authority
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Frank C. Pinkston, who,
on oath, deposes and says that he is Representative from the
100th District, and that the attached copy of Notice of Intention
to Introduce Local Legislation was published in the Macon Tele-
graph and News which is the official organ of Bibb County, on
the following date: December 27, 1984.
/s/ Frank C. Pinkston
Representative,
100th District
Sworn to and subscribed before me,
this 26th day of February, 1985.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 11, 1988.
(Seal).
Approved March 27, 1985.
GEORGIA LAWS 1985 SESSION
4547
CITY OF HAZLEHURST MAYOR AND BOARD OF
COMMISSIONERS; ELECTIONS.
No. 346 (House Bill No. 1069).
AN ACT
To amend an Act providing a new charter for the City of
Hazlehurst, approved December 22, 1953 (Ga. L. 1953, Nov.-
Dee. Sess., p. 2925), as amended, so as to establish and define
wards within the City of Hazlehurst for the purpose of electing
members of the board of commissioners; to provide for the elec-
tion of the board of commissioners; to provide for residency
requirements; to change the manner of selecting the mayor and
members of the board of commissioners; to provide for 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 providing a new charter for the City
of Hazlehurst, approved December 22, 1953 (Ga. L. 1953, Nov.-
Dee. Sess., p. 2925), as amended, is amended by striking Section
3 in its entirety and inserting in lieu thereof a new Section 3
to read as follows:
"Section 3. Be it further enacted, that the corporate
limits of the City of Hazlehurst shall be divided into four
political wards consisting of the following territory:
Ward One
Ward One shall include all that part of the City of
Hazlehurst contained within the following boundaries:
BEGINNING at a point where the center line of the
right of way of the Southern Railroad intersects the
northerwesterly boundary of the corporate limits of the
City of Hazlehurst and from said point of beginning con-
tinuing along the center line of said Southern Railroad
right of way in a generally southeasterly direction to
its point of intersection with the center line of Williams
4548 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Street; thence Northerly or Northeasterly along the cen-
ter line of Williams Street to its intersection with the
center line of U. S. Highway #341; thence Northwest-
erly along the center line of U. S. Highway #341 to
its intersection with the Northwesterly boundary of the
corporate limits of the City of Hazlehurst; thence South-
westerly along the existing corporate limits of the City
of Hazlehurst to the point of beginning.
Ward Two
Ward Two shall include all that part of the City of
Hazlehurst contained within the following boundaries:
BEGINNING at a point where the center line of U. S.
Highway #341 intersects the northwestern boundary of
the corporate limits of the City of Hazlehurst and from
said point of beginning thence Southeasterly along said
center line of U. S. Highway # 341 to its point of intersec-
tion with the center line of North Williams Street; thence
in a Southerly or Southwesterly direction along the cen-
ter line of North Williams Street to its point of intersec-
tion with the center line of the Southern Railroad right
of way; thence Southeasterly along the center line of
the Southern Railroad right of way to its point of intersec-
tion with the center line of Tallahassee Street; thence
Northeasterly along the center line of Tallahassee Street
to its point of intersection with the center line of Coffee
Street; thence continuing Northeasterly along the center
line of Coffee Street to its point of intersection with the
center line of U. S. Highway #341; thence Southeasterly
along the center line of U. S. Highway #341 to its point
of intersection with the Easterly boundary of the corpo-
rate limits of the City of Hazlehurst; thence in a North-
erly direction around the corporate limits of the City
of Hazlehurst to its point of intersection with the center
line of U. S. Highway #341 which point marks the point
of beginning.
Ward Three
Ward Three shall include all that part of the City
of Hazlehurst contained within the following boundaries:
BEGINNING at a point where the center line of U. S.
GEORGIA LAWS 1985 SESSION
4549
Highway #341 intersects the Easterly boundary of
the corporate limits of the City of Hazlehurst; thence
Northwesterly along the center line of U. S. Highway
#341 to its intersection with the center line of Coffee
Street; thence Southwesterly along the center line of Cof-
fee Street to its intersection with the center line of Talla-
hassee Street; thence Southwesterly along the center line
of Tallahassee Street (U. S. Highway #221 and Ga.
Highway #135) to its intersection with the Southwes-
terly boundary of the corporate limits of the City of Haz-
lehurst; thence in a Southeasterly or Easterly direction
following the present corporate limits of the City of Haz-
lehurst to its intersection with the center line of U. S.
Highway #341 on the easterly boundary of the City of
Hazlehurst, which point marks the point of beginning.
Ward Four
Ward Four shall include all that part of the City of
Hazlehurst contained with the following boundaries: BE-
GINNING at a point where the center line of Tallahassee
Street (U. S. Highway #221 and Georgia Highway
# 135) intersects with the Southwesterly boundary of the
corporate limits of the City of Hazlehurst; thence North-
easterly along the center line of Tallahassee Street to
its point of intersection with the center line of the South-
ern Railroad right of way; thence Northwesterly along
the center line of the Southern Railroad right of way
to its point of intersection with the Northwesterly bound-
ary of the corporate limits of the City of Hazlehurst;
thence Southwesterly following the corporate limits of
the City of Hazlehurst to their intersection with the cen-
ter line of Tallahassee Street on the Southwestern bound-
ary of the City of Hazlehurst, which point marks the
point of beginning.
Section 2. Said Act is further amended by striking the
first paragraph of Section 4, as amended, in its entirety and
inserting in lieu thereof a new first paragraph of Section 4 to
read as follows:
"The municipal government of the City of Hazlehurst
shall consist of a mayor, who shall be a member of the board
4550 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
of commissioners and shall be elected from the city at large
by all of the voters qualified to vote in a city election; a
mayor pro tern., who shall be a member of the board of
commissioners and shall be elected by the commissioners
from among their number; one commissioner from each of
the four political wards of the City of Hazlehurst as hereto-
fore designated in Section 3 hereof, or from wards as may
hereinafter be changed. Effective with the general election
to be held in 1985, any candidate offering for election as a
member of the board of commissioners of the City of Hazle-
hurst 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 commissioner must reside in
the ward from which he seeks election. The candidate in
each ward who receives a majority of the votes cast for com-
missioner of such ward by the electors from such ward shall
be declared elected. Except when voting for candidates for
mayor, the qualified electors of the city may vote only for
the candidates for commissioner of the ward in which said
electors reside. All special elections to fill vacancies, from
any cause whatsoever, on the board of commissioners from
any such ward shall be governed by the provisions of this
section. If a commissioner permanently removes his resi-
dence from the ward from which he was elected, his office
shall be vacated and shall be filled as herein otherwise pro-
vided.
Section 3. Said Act is further amended by striking Section
12, as amended, in its entirety and inserting in lieu thereof a
new Section 12 to read as follows:
"Section 12. Vacancies. If the office of mayor or of any
commissioner shall become vacant by death, resignation, re-
moval, or otherwise, the commissioners shall order a special
election to fill the unexpired term and give ten days notice
thereof in a newspaper having a general circulation within
the city; such election shall be managed and returned and
the result thereof shall be declared and published as provided
in this charter. Provided, there shall be no election for mayor
or any commissioner if the office shall become vacant within
six months of the expiration of the regular term thereof,
unless such vacancy was created by a recall as provided in
this charter. In the event of an election, no person who is
a candidate for the board of commissioners shall be deemed
GEORGIA LAWS 1985 SESSION
4551
elected or have any authority as a commissioner unless he
receives a majority of the votes cast by the qualified electors
of the ward in which he is a candidate.
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
1985 session of the General Assembly of Georgia a bill amending
an act providing a new charter for the City of Hazlehurst ap-
proved December 22, 1953 (Ga. L. 1953, November-December
Sess., Page 2925) as amended; and for other purposes.
This 15th day of January, 1985.
Affidavit.
State of Georgia. Jeff Davis County.
Personally appeared before the undersigned officer, duly au-
thorized under the laws of Georgia to administer oaths, Thomas
H. Purser, who on oath deposes and says that he is publisher
of "The Jeff Davis County Ledger, a newspaper published in
the City of Hazlehurst, Georgia, of general circulation in Jeff
Davis County, Georgia, and that the attached advertisement
has been published in "The Jeff Davis County Ledger once a
week for one weeks in the regular issue(s) of January 16, 1985.
This is the legal organ of Jeff Davis County.
/s/ Thomas H. Purser
Publisher,
Jeff Davis County Ledger
Sworn to and subscribed before me
this 25th day of February, 1985.
/s/ Carolyn Thompson
Notary Public, Jeff Davis County, Georgia.
My Commission Expires: June 12, 1988.
(Seal).
Approved March 27, 1985.
4552 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
THOMASVILLE PAYROLL DEVELOPMENT AUTHORITY
LOCAL CONSTITUTIONAL AMENDMENT
CONTINUED.
No. 347 (House Bill No. 1070).
AN ACT
To continue in force and effect as a part of the Constitution
of the State of Georgia that constitutional amendment which
was proposed by Resolution Act No. 175 of the 1960 General
Assembly and which was duly ratified at the 1960 general elec-
tion (Ga. L. 1960, p. 1329) and which relates to the creation
and powers and administration of the Thomasville Payroll De-
velopment Authority; to provide the authority for this Act; to
repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. That constitutional amendment which was pro-
posed by Resolution Act No. 175 of the 1960 General Assembly
and which was duly ratified at the 1960 general election (Ga.
L. 1960, p. 1329) and which relates to the creation and powers
and administration of the Thomasville Payroll Development Au-
thority shall not be repealed or deleted on July 1, 1987, as a
part of the Constitution of the State of Georgia but is specifically
continued in force and effect on and after that date as a part
of the Constitution of the State of Georgia.
Section 2. This Act is passed pursuant to Article XI, Sec-
tion I, Paragraph IV of the Constitution of the State of Georgia
which authorizes the continuation of certain amendments to
the 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 regular
1985 session of the General Assembly of Georgia a bill to con-
tinue in force and effect as a part of the Constitution of the
GEORGIA LAWS 1985 SESSION
4553
State of Georgia that constitutional amendment which was pro-
posed by Resolution Act No. 175 of the 1960 General Assembly
and which was duly ratified at the 1960 general election (Ga.
L. 1960, p. 1329) and which relates to the creation and powers
and administration of the Thomasville Payroll Development Au-
thority; to provide the authority for this Act; and for other pur-
poses.
This 6th day of February, 1985.
B. B. Earle, Jr.
Attorney for the
Thomasville Payroll
Department Authority
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-Enter-
prise which is the official organ of Thomas County, on the follow-
ing date: February 20, 1985.
/s/ Allen Sherrod
Representative,
143rd District
Sworn to and subscribed before me,
this 27th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 27, 1985.
4554 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
THOMAS COUNTY BOARD OF EDUCATION AND
SCHOOL SUPERINTENDENT; LOCAL CONSTITUTIONAL
AMENDMENT CONTINUED.
No. 348 (House Bill No. 1071).
AN ACT
To continue in force and effect as a part of the Constitution
of the State of Georgia that constitutional amendment which
was proposed by Resolution Act No. 92 of the 1956 General
Assembly and which was duly ratified at the 1956 general elec-
tion (Ga. L. 1956, p. 447) and which relates to the selection
and service of the board of education and the school superinten-
dent of Thomas County; to provide the authority for this Act;
to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. That constitutional amendment which was pro-
posed by Resolution Act No. 92 of the 1956 General Assembly
and which was duly ratified at the 1956 general election (Ga.
L. 1956, p. 447) and which relates to the selection and service
of the board of education and the school superintendent of Tho-
mas County shall not be repealed or deleted on July 1, 1987,
as a part of the Constitution of the State of Georgia but is specifi-
cally continued in force and effect on and after that date as a
part of the Constitution of the State of Georgia.
Section 2. This Act is passed pursuant to Article XI, Sec-
tion I, Paragraph IV of the Constitution of the State of Georgia
which authorizes the continuation of certain amendments to
the 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 regular
1985 session of the General Assembly of Georgia a bill to con-
GEORGIA LAWS 1985 SESSION
4555
tinue in force and effect as a part of the Constitution of the
State of Georgia that constitutional amendment which was pro-
posed by Resolution Act No. 92 of the 1956 General Assembly
and which was duly ratified at the 1956 general election (Ga.
L. 1956, P. 447) and which relates to the selection and service
of the board of education and the school superintendent of Tho-
mas County; to provide the authority for this Act; and for other
purposes.
This 12th day of February, 1985.
Board of Education of
Thomas County
Thomas K. Vann, Jr.,
its Attorney
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-Enter-
prise which is the official organ of Thomas County, on the follow-
ing date: February 22, 1985.
/s/ Allen Sherrod
Representative,
143rd District
Sworn to and subscribed before me,
this 27th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 27, 1985.
4556 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
MACON-BIBB COUNTY WATER AND SEWERAGE
AUTHORITY WATER DISTRIBUTION LINES;
PETITIONS; COSTS.
No. 349 (House Bill No. 1072).
AN ACT
To amend an Act known as the "Macon-Bibb County Water
and Sewerage Authority Act approved April 11, 1973 (Georgia
Laws 1973, p. 2603, et seq.), as amended by an Act entitled
"Macon-Bibb County Water and Sewerage Authority Act
Amended approved February 8, 1974 (Georgia Laws 1974, p.
2031, et seq.), as amended by Acts approved March 22, 1974
(Georgia Laws 1974, p. 3074), Acts approved April 11,1979 (Geor-
gia Laws 1979, p. 3816), Acts approved April 26, 1980 (Georgia
Laws 1980, p. 3152) and as amended by Acts approved February
24,1983 (Georgia Laws 1983, p. 3509, et seq.), so as to authorize
said authority to lay and construct new eight inch water distri-
bution lines and adjunct thereto in the streets, roadways and
highways in Bibb County, Georgia that are existing, dedicated,
accepted and in general public use, hereafter roadways, upon
receipt by the authority of a written petition signed by the own-
ers of more than fifty percent of the lineal feet of frontage of
the land abutting a particular roadway, or portion thereof,
wherein such a water line is petitioned to be constructed, pur-
suant to the provisions of this Act, such undertaking hereafter
called "project; to provide a method and procedure whereby
one-third of the entire costs of such project and expense thereof
shall be borne by the authority and the two-thirds remainder
thereof shall be borne and paid for pro rata by the owners of
the lineal footage of land abutting the roadway on a per foot
cost basis; to provide for the determination of such costs and
per foot costs basis; to provide for the assessment by ordinance
or resolution of the authority of such two thirds remainder of
said entire costs against the said owners of the lineal footage
of land abutting the roadway and against their respective abut-
ting land; to provide that such assessed costs against said owners
and their properties shall constitute a lien upon the respective
owners land of the same dignity, standing and priority of liens
for state and county ad valorem taxes; to provide for the determi-
nation of "entire costs and what the same shall include; to
GEORGIA LAWS 1985 SESSION
4557
provide for the implementation by the authority of the right
and power granted herein by enactment of ordinance, regula-
tions or rules; to provide for the time that said assessments
shall be paid and upon default thereof to provide for the issuance
of executions which shall be levied upon the abutting property
of the respective owners for the payment of said assessment,
which shall be subject to affidavits of illegality and any other
defense afforded property owners against whom a ad valorem
tax execution has been issued and levied; to provide for such
assessed costs to be in addition to any and all other tap on
charges or fees, user charges and all other rules and regulations
of said Macon-Bibb County Water and Sewerage Authority; to
provide an effective date; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. The following Section 4.6 is hereby adopted as
part of the Charter of Macon-Bibb County Water and Sewerage
Authority, hereafter "Authority:
Section 4.6. A. Upon the filing with the Authority of
a written petition signed by the owners of more than 50%
of the lineal feet of footage of land abutting a particular
public, dedicated, and publicly utilized roadway, or portion
thereof, in Bibb County, Georgia requesting the Authority
to lay and construct therein an eight inch water line to
provide potable water to such property, setting forth factual
data with respect thereto which the Authority shall pre-
scribe by resolution or ordinance, the Authority with respect
to the requested project shall have the right, power and
authority to:
1. Verify the correctness of the factual data in the
petition and ascertain the entire costs of the project,
which shall include all costs and expense of material,
labor, supervision, engineering, management, legal, over-
head and all other costs and expenses needful and neces-
sary to the completion of the project;
2. After advertisement and public hearing, as here-
after set out, assess two-thirds of the entire costs of said
4558 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
project to and against the respective land owners, and
their land, their pro rata cost of the project based on
their ownership of the lineal footage abutting the road-
way, or portion thereof, involved;
3. Ascertain the pro rata share of the respective
land owners according to their ownership of lineal foot-
age abutting the said roadway, or portion thereof, in-
volved which shall be calculated and determined as fol-
lows: Deduct from the entire costs one-third thereof
which shall be borne by the Authority; the remaining
two-thirds of said entire costs shall be divided by the
total of the lineal footage of land abutting said roadway,
or portion thereof, on both sides thereof and the quotient
shall be the dollar amount per lineal frontage foot; said
amount per lineal frontage foot multiplied by the total
lineal footage of land of each respective land owner abut-
ting said roadway, or portion thereof, shall be the "pro
rata share of such land owner.
4. Publish in the Macon Telegraph and News once
a week during each of two calendar weeks setting forth
all the factual data of the project; setting a time, date
and place for a public hearing to be had which shall
not be sooner than four days following the last date of
said publication; setting forth that two-thirds of the en-
tire costs are to be assessed against the land owners,
as aforesaid, and that such assessments shall be due
within ninety days following completion of the project
and upon default of payment shall bear interest at the
legal rate and that execution therefor will issue against
the defaulting land owner and his involved land which
will constitute a lien thereon of equal priority, rank and
dignity, and having the same attributes, rights and pow-
ers as to collection and foreclosure thereof as an execu-
tion for unpaid State of Georgia and County of Bibb ad
valorem taxes.
5. Following said public hearing the Authority shall,
within thirty days thereof, accept or reject the petition
and if accepted shall proceed promptly with work on
the project.
B. With respect to an accepted petitioned-project, the
Authority shall have the right and power by resolution or
GEORGIA LAWS 1985 SESSION
4559
ordinance to assess two-thirds of the entire costs and expense
thereof upon and against the respective owners and their
land abutting the roadway or portion thereof, involved, based
on their pro rata share as set forth hereinbefore.
C. Said assessments shall be due and payable, without
interest, within 90 days following date of notice thereof to
the landowner by United States First Class Mail from the
Authority that such assessment is due at such time without
interest; and if said assessment is not paid within said 90
day period the same shall draw interest at the legal rate.
D. The Authority shall have the right and power, by
ordinance or resolution, to issue executions on any assess-
ment that is in default, the same to be issued by the general
manager of the Authority or such other officer thereof as
the Authority designates and such execution, shall be a lien
upon and against the involved land of the defaulting land
owner and shall be of equal priority, rank and dignity and
having the same attributes, rights and powers as to collection
and foreclosure thereof as an execution for unpaid state of
Georgia and County of Bibb ad valorem taxes.
E. As to any execution issued by the Authority, the
land owner therein involved shall have the right to file an
affidavit of illegality, denying that the whole or any part
of the amount for which the execution issued is due and
stating what amount is admitted to be due, if any, which
amounts so admitted to be due shall be paid and collected
before the affidavit is received and the affidavit shall be re-
ceived for the balance; provided that all such affidavits shall
set out in detail the reasons why the affiant claims the
amount is not due and when such affidavit is received by
the Authority the same shall be returned to the Superior
Court of Bibb County, there to be tried and the issue shall
be determined as in cases of affidavits of illegality to ad
valorem tax executions, subject to all the pains and penalties
provided for in other cases of illegality for delay as provided
by law.
F. The Authority is authorized to adopt by ordinance
or resolution any and all reasonable rules and regulations
implementing and effectuating the foregoing rights and pow-
ers so as to fairly and equitably apply and enforce such rights
and powers.
4560 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without his
approval.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Notice of Intention to Enact Local Legislation.
Pursuant to the provisions of the Official Code of Georgia
Section 28-1-14 notice is hereby given that the undersigned will
make application to the General Assembly of Georgia at its
1985 session to amend an Act approved March 2,1966 appearing
in Georgia Laws 1966, page 2737, et seq. and denominated
therein the "Bibb County Water & Sewerage Authority Act,
as amended by an Act of the Georgia Legislature entitled "Ma-
con-Bibb County Water & Sewerage Act, approved April 13,
1973, appearing in Georgia Laws 1973, page 2603, et seq., as
amended by an Act of the General Assembly approved February
8, 1974 (Georgia Laws 1974, page 2031, et seq.), as amended
by an Act approved April 11, 1979 (Georgia Laws 1979, page
3816), as amended by an Act approved March 26,1980 (Georgia
Laws 1980, page 4004, et seq.). The purpose of such legislation
will be to amend the aforesaid Act, as amended, and to provide
that upon the written petition of the owners of more than 50
percent of the lineal feet of frontage of the land abutting on a
particular street, or portion thereof, located in Bibb County,
Georgia, agreeing to pay their pro rata share of the entire costs
thereof for the installation of an 8 inch, in diameter, water
main line in said street, the Macon-Bibb County Water & Sewer-
age Authority shall be authorized, but not required, to install
such main water line in said street and assess the pro rata
costs thereof upon the land owners based on their respective
ownership of lineal footage abutting said involved street; and
upon failure of any owner to pay said assessed amount, to cause
to be issued a lien in the form of an execution (Fi.Fa.) for the
amount of said unpaid assessment, with legal interests, which
shall be a lien upon and against the land of the involved owner
abutting said street and such execution shall be of equal priority,
rank and dignity, having the same attributes and rights of pow-
ers as to collection and foreclosure thereof as an execution for
unpaid State of Georgia and County of Bibb ad valorem taxes;
to provide the manner of determining the "entire costs; to
GEORGIA LAWS 1985 SESSION
4561
provide the manner of determining the "pro rata share; to
provide for the time for the payment of such pro rata share
by the respective owners; to provide the time within which the
petition must be accepted or rejected by the Authority; to pro-
vide for appeals in regard to assessments, and for other purposes.
Macon-Bibb County
Water & Sewerage
Authority
By: Wallace Miller, Jr.
Attorney for Macon-Bibb
County Water & Sewerage
Authority
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Denmark Groover, Jr., who,
on oath, deposes and says that he is Representative from the
99th District, and that the attached copy of Notice of Intention
to Introduce Local Legislation was published in the Macon Tele-
graph and News which is the official organ of Bibb County, on
the following date: December 27, 1984.
/s/ Denmark Groover, Jr.
Representative,
99th District
Sworn to and subscribed before me,
this 26th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 27, 1985.
4562 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CITY OF CLARKESVILLE MAYOR AND COUNCIL;
ELECTION DATE.
No. 350 (House Bill No. 1076).
AN ACT
To amend an Act creating a new charter for the City of
Clarkesville in the County of Habersham, approved April 9,
1981 (Ga. L. 1981, p. 4502), so as to change the date of election
of certain officials; to provide for applicability; to repeal conflict-
ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act creating a new charter for the City of
Clarkesville in the County of Habersham, approved April 9,
1981 (Ga. L. 1981, p. 4502), is amended by striking subsection
(a) of Section 5.10 and inserting in lieu thereof a new subsection
(a) to read as follows:
"(a) An election shall be held on the first Tuesday in
November of each year to elect councilmen to fill the terms
of those councilmen whose terms expire at the end of that
year and to fill the office of mayor in those years in which
his or her term of office expires.
Section 2. Nothing contained in this Act shall affect the
offices or terms of office of those persons presently serving as
mayor and councilmen on the effective date 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 1985 session of the General Assembly of Georgia a
bill to amend the Charter of the City of Clarkesville so as to
change the date of election of the Mayor and Council of said
City.
GEORGIA LAWS 1985 SESSION
4563
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 17, 1985.
/s/ William J. Dover
Representative,
11th District
Sworn to and subscribed before me,
this 27th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 27, 1985.
WHITE COUNTY BOARD OF EDUCATION; ELECTIONS;
LOCAL CONSTITUTIONAL AMENDMENT CONTINUED.
No. 351 (House Bill No. 1077).
AN ACT
To continue in force and effect as a part of the Constitution
of the State of Georgia that constitutional amendment providing
for the election of members of the Board of Education of White
County (Resolution Act No. 23, House Resolution No. 85-157,
Ga. L. 1963, p. 670); to provide the authority for this Act; to
repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
4564 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 1. That constitutional amendment providing for
the election of members of the Board of Education of White
County (Resolution Act No. 23, House Resolution No. 85-157,
Ga. L. 1963, p. 670) shall not be repealed or deleted on July
1, 1987, as a part of the Constitution of the State of Georgia
but is specifically continued in force and effect on and after
that date as a part of the Constitution of the State of Georgia.
Section 2. This Act is passed pursuant to Article XI, Sec-
tion I, Paragraph IV of the Constitution of the State of Georgia
which authorizes the continuation of certain amendments to
the 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 regular
1985 session of the General Assembly of Georgia a bill to con-
tinue in force and effect as a part of the Constitution of the
State of Georgia that constitutional amendment providing for
the election of members of the Board of Education of White
County (Resolution Act No. 23, House Resolution No. 85-157,
Ga. L. 1963, p. 670); and for other purposes.
This 1st day of February, 1985.
William Dover
Representative,
11th District
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: February 14, 1985.
/'s/ William J. Dover
Representative,
11th District
GEORGIA LAWS 1985 SESSION
4565
Sworn to and subscribed before me,
this 27th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 27, 1985.
WHITE COUNTY INDUSTRIAL BUILDING AUTHORITY
LOCAL CONSTITUTIONAL AMENDMENT CONTINUED.
No. 352 (House Bill No. 1078).
AN ACT
To continue in force and effect as a part of the Constitution
of the State of Georgia that constitutional amendment creating
a body corporate and politic to be known as the "White County
Industrial Building Authority (Resolution Act No. 211; House
Resolution No. 474-942, Ga. L. 1962, p. 1046); to provide the
authority for this Act; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. That constitutional amendment creating a body
corporate and politic to be known as the "White County Indus-
trial Building Authority (Resolution Act No. 211; House Resolu-
tion No. 474-942, Ga. L. 1962, p. 1046) shall not be repealed
or deleted on July 1, 1987, as a part of the Constitution of the
State of Georgia but is specifically continued in force and effect
on and after that date as a part of the Constitution of the State
of Georgia.
Section 2. This Act is passed pursuant to Article XI, Sec-
tion I, Paragraph IV of the Constitution of the State of Georgia
4566 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
which authorizes the continuation of certain amendments to
the 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 regular
1985 session of the General Assembly of Georgia a bill to con-
tinue in force and effect as a part of the Constitution of the
State of Georgia that constitutional amendment creating a body
corporate and politic to be known as the "White County Indus-
trial Building Authority (Resolution Act No. 211; House Resolu-
tion No. 474-942, Ga. L. 1962, p. 1046); and for other purposes.
This 1st day of February, 1985.
William Dover
Representative,
11th District
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: February 14, 1985.
/s/ William J. Dover
Representative,
11th District
Sworn to and subscribed before me,
this 27th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 27, 1985.
GEORGIA LAWS 1985 SESSION
4567
WARREN COUNTY CLERK OF THE SUPERIOR COURT;
DEPUTY CLERKS COMPENSATION.
No. 353 (House Bill No. 1081).
AN ACT
To amend an Act placing the clerk of the superior court
in Warren County on an annual salary, approved March 11,
1963 (Ga. L. 1963, p. 2164), as amended, so as to provide for
the compensation of the deputy clerk; to provide an effective
date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act placing the clerk of the superior court
in Warren County on an annual salary, approved March 11,
1963 (Ga. L. 1963, p. 2164), as amended, is amended by striking
subsection (b) of Section 2 and inserting in lieu thereof a new
subsection (b) to read as follows:
"(b) The clerk shall be authorized to employ a deputy,
from time to time, as needed by the clerk to assist the clerk
in carrying out the clerks duties. Any such deputy shall
be employed by the clerk, and the annual compensation of
said deputy shall be $10,800.00, minimum. Such compensa-
tion shall be payable in equal monthly installments from
the funds of Warren 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 1985 session of the General Assembly of Georgia, a bill
to amend an Act placing the Clerk of the Superior Court of
Warren County on a salary in lieu of the fee system of compensa-
4568 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
tion, approved March 1,1963, (Ga. L. 1963 p. 2164), as amended,
so as to provide for the compensation of the personnel for said
officer, to provide for other matters relative thereto, and for
other purposes.
This 11th day of February, 1985.
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 dates, to-wit: February 15, 1985.
Sworn to on the 15th day of February, 1985.
/s/ Alva L. Haywood
Publisher
Sworn to and subscribed to before me
on the 15th day of February, 1985.
/s/ Rhonda S. Phillips
Notary Public.
My Commission Expires January 26, 1989.
(Seal).
Approved March 27, 1985.
GEORGIA LAWS 1985 SESSION
4569
WARREN COUNTY TAX COMMISSIONER; PERSONNEL;
COMPENSATION.
No. 354 (House Bill No. 1082).
AN ACT
To amend an Act abolishing the offices of tax collector and
tax receiver in Warren County and creating the office of tax
commissioner of Warren County, approved February 23, 1953
(Ga. L. 1953, Jan.-Feb. Sess., p. 2519), as amended, so as to change
the provisions relating to the compensation of assistants and
clerks; to provide an effective date; to repeal conflicting laws;
and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act abolishing the offices of tax collector
and tax receiver in Warren County and creating the office of
tax commissioner of Warren County, approved February 23,
1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2519), as amended, is
amended by striking Section 4 in its entirety and inserting in
lieu thereof a new Section 4 to read as follows:
"Section 4. The said tax commissioner is authorized to
employ such assistants and clerks as he deems necessary
to perform the duties of his office, and said tax commissioner
shall receive an amount with which to compensate such as-
sistants and clerks, such amount to be determined by the
governing authority of Warren County. The tax commis-
sioner shall be authorized to contract for computer services
to carry out the duties of his office. The cost of such computer
services shall be paid from the funds of Warren County.
Section 2. This Act shall become effective on the first day
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.
4570 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 1985 session of the General Assembly of Georgia, a bill
to amend an Act abolishing the offices of Tax Collector and
Tax Receiver in Warren County, Georgia, and creating the office
of Tax Commissioner of Warren County, Georgia, approved Feb-
ruary 23, 1953 (Ga. Laws 1953-Jan.-Feb. Sess. p. 2519), as
amended by Act No. 543 at the 1977 session of the General
Assembly, and also amended by Act No. 1167 at the 1978 session
of the General Assembly, so as to place the Tax Commissioner
of Warren County, Georgia, on a salary; to provide for clerical
help and for other purposes.
This 11th day of February, 1985.
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 dates, to-wit: February 15, 1985.
Sworn to on the 15th day of February, 1985.
/s/ Alva L. Haywood
Publisher
Sworn to and subscribed to before me,
on the 15th day of February, 1985.
/s/ Rhonda S. Phillips
Notary Public.
My Commission Expires January 26, 1989.
(Seal).
Approved March 27, 1985.
GEORGIA LAWS 1985 SESSION
4571
TOWN OF TYRONE MAYOR AND COUNCILMEN;
ELECTIONS.
No. 355 (House Bill No. 1083).
AN ACT
To amend an Act creating a new charter for and reincorpo-
rating the Town of Tyrone, approved April 17, 1975 (Ga. L.
1975, p. 3876), as amended, so as to provide for the town council
composed of the mayor and councilmen; to provide for the elec-
tion and terms of office of the mayor and councilmen; to provide
for municipal elections; to provide for related matters; to repeal
conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act creating a new charter for and reincor-
porating the Town of Tyrone, approved April 17, 1975 (Ga. L.
1975, p. 3876), as amended, is amended by striking Section 2.101,
relating to the creation, composition, election, and terms of the
mayor and council, and inserting in its place a new section to
read as follows:
"Section 2.101. Creation; composition; number; elec-
tion. (a) The legislative authority of the Town of Tyrone
shall be vested in a town council to be composed of a mayor
and four councilmen. The mayor and councilmen shall be
elected in the manner provided by Article V of this charter.
For the purpose of electing councilmen, positions on the
council shall be numbered as posts 1 through 4. The terms
of office of the mayor and councilmen shall be two years
and until their successors are elected and qualified.
(b) Successors to the mayor and councilmen in office
on the effective date of this section shall be elected and take
office as provided by this subsection. At the 1985 municipal
election and at each municipal election thereafter held in
an odd-numbered year there shall be elected councilmen
for posts 3 and 4 who shall serve for terms of two years.
4572 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
At the 1986 municipal election and at each municipal elec-
tion held in an even-numbered year thereafter there shall
be elected the mayor and councilmen for posts 1 and 2 who
shall serve for terms of two years.
(c) The annual municipal election shall be held on the
first Wednesday in December of each year. The council-
men or mayor and councilmen elected at each election shall
take office at the first council meeting following their elec-
tion.
Section 2. Said Act is further amended by striking Section
5.103, relating to vacancies in office, and inserting in its place
a new section to read as follows:
"Section 5.103. Vacancies. If the office of mayor or coun-
cilman becomes vacant for any reason, the vacancy shall
be filled for the unexpired term of office in conformity with
general state law. In the absence of any conflicting provision
of general state law, a vacancy shall be filled by an appoint-
ment by the mayor and remaining council members of a
person to serve until the next regular municipal election,
at which election a person shall be elected to serve for the
remainder of the unexpired term of office, if any.
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 1985 Session of the General Assembly of Georgia a
bill to amend the Town Charter, Article II, Chapter 1, Section
2.101, pertaining to the Creation; Composition; Number; and
Election of the Towns Mayor and Council Members, and also
to amend Article V, Section 5.103, pertaining to the filling of
vacancies occuring in the offices of Mayor and Council.
This 7th day of February, 1985.
J. Homer Murdoch
Mayor,
Town of Tyrone
GEORGIA LAWS 1985 SESSION
4573
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: February 13, 1985.
/s/ Paul W. Heard, Jr.
Representative,
43rd District
Sworn to and subscribed before me,
this 28th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 27, 1985.
MARION COUNTY BOARD OF EDUCATION; DISTRICTS;
ELECTIONS; REFERENDUM.
No. 356 (House Bill No. 1084).
AN ACT
To provide for education districts for the election of members
of the board of education of Marion County; to provide for the
manner of electing members; to provide for the present mem-
bers; to provide for a referendum; to repeal conflicting laws;
and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
4574 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 1. (a) For the purpose of electing members of the
board of education of Marion County, the Marion County school
district is divided into five education districts as follows:
Education District 1
Marion
Tract 9901
Block 434
That part of Block 435 inside the
City of Buena Vista
Those parts of Blocks 605 and 606
inside the City of Buena Vista
Blocks 607 through 609, 611 through
619, and 622 through 628
Those parts of Blocks 629 and
639 inside the City of Buena Vista
Blocks 637 through 644
That part of Block 645 inside
the City of Buena Vista
Education District 2
Marion
Tract 9901
Blocks 101 through 154, 164 through
174, 179 through 194, and 199
Blocks 201 through 210
Education District 3
Marion
Tract 9901
Blocks 155 through 163, 175 through
178, and 195 through 198
Blocks 301 through 314 and 316
through 336
Blocks 414 through 416
That part of Block 606 outside
the City of Buena Vista
Education District 4
Marion
Tract 9901
Blocks 448 through 450
GEORGIA LAWS 1985 SESSION
4575
Block Group 5
Blocks 601 through 604
Those parts of Blocks 605 and
629 outside the City of Buena Vista
Blocks 630 through 635
Those parts of Blocks 636 and
645 outside the City of Buena Vista
Blocks 647 through 650
Block Group 7
Education District 5
Marion
Tract 9901
Blocks 401 through 413, 417 through
422, and 424 through 433
That part of Block 435 outside
the City of Buena Vista
Blocks 436 through 447
Blocks 610, 620, 621, and 646
(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 decen-
nial census of 1980 for the State of Georgia.
(2) Whenever the description of any education dis-
trict refers to a named city, it shall mean the geographi-
cal boundaries of that city as shown on the census map
for the United States decennial census of 1980 for the
State of Georgia.
(3) Any part of Marion County which is not included
in any district described in this section shall be included
within that district contiguous to such part which con-
tains the least population according to the United States
decennial census of 1980 for the State of Georgia.
(c) The members of the board of education of Marion
County in office on the effective date of this Act shall serve
until December 31, 1986, at which time their terms shall be
abolished.
4576 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(d) The members of the board of education of Marion
County shall be elected at the general election to be held in
November, 1986, and shall take office on January 1, 1987. Each
person offering as a candidate for the board of education shall
reside in the district in which he or she is offering and shall
be elected by the voters of that district. The members elected
from education districts 1 and 5 shall be elected for initial terms
of two years and until their successors are elected and qualified,
and the members elected from education districts 2, 3, and 4
shall be elected for initial terms of four years and until their
successors are elected and qualified. All future successors shall
be elected for terms of four years at the general election immedi-
ately preceding the expiration of the term of office for that mem-
ber and shall take office on January 1 following their election.
Section 2. Not less than 30 nor more than 45 days after
final approval of this Act by the United States Department of
Justice, it shall be the duty of the election superintendent of
Marion County to issue the call for an election for the purpose
of submitting this Act to the electors of Marion County for ap-
proval 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 Marion County. The ballot shall
have written or printed thereon the words:
"( ) YES Shall the Act providing for election
of a five-member board of education,
( ) NO providing for education districts, and
abolishing the present appointed
board of education be approved?
All persons desiring to vote for approval of the Act shall
vote "Yes, and those persons desiring to vote for rejection of
the Act shall vote "No. If more than one-half of the votes cast
on such question are for approval of the Act, it shall become
of full force and effect; otherwise, it shall be void and of no
force and effect.
The expense of such election shall be borne by the board
of education of Marion County. It shall be the duty of the super-
GEORGIA LAWS 1985 SESSION
4577
intendent to hold and conduct such election. It shall be his fur-
ther 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 a bill introduced
in the 1985 session of the Georgia General Assembly to change
the districts in which the Marion County Board of Education
is elected 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: February 7, 1985.
/s/ Ward Edwards
Representative,
112th District
Sworn to and subscribed before me,
this 28th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 27, 1985.
4578 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
WORTH COUNTY BOARD OF COMMISSIONERS;
COMPENSATION.
No. 357 (House Bill No. 1085).
AN ACT
To amend an Act creating and establishing a board of com-
missioners of roads and revenues of Worth County, approved
August 15, 1904 (Ga. L. 1904, p. 296), as amended, particularly
by an Act approved March 12, 1984 (Ga. L. 1984, p. 3892), so
as to change the compensation of the chairman and members
of the board of commissioners of Worth 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 and establishing a board of
commissioners of roads and revenues of Worth County, approved
August 15, 1904 (Ga. L. 1904, p. 296), as amended, particularly
by an Act approved March 12, 1984 (Ga. L. 1984, p. 3892), 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) The salary of the chairman of said board shall be
and is fixed at the sum of $4,200.00 per year, due and payable
in equal monthly installments on the first day of each calen-
dar month, out of the funds of the county treasury of said
county. Effective July 1, 1986, the salary of the chairman
shall be $4,800.00 per year. The salary of each of the other
members of said board shall be and is fixed at the sum of
$3,000.00 per year, payable in equal monthly installments.
Effective July 1,1986, the salary of each board member shall
be $3,600.00 per year, payable in equal monthly install-
ments. 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.
GEORGIA LAWS 1985 SESSION
4579
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. This Act shall become effective on July 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 hereby given that a bill will be introduced during
the regular 1985 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 For Roads and
Revenues of Worth County Affix and Describe Their Jurisdic-
tion, Powers and Duties; Provide For the Election, Appointment
and Qualifications of the Members and Officers of Said Board.
And to affix their Salaries, Expenses and Fees and For Other
Purposes. (Ga. L. 1904, pp. 296-300), as amended, so as to estab-
lish the salaries of the members and chairman of the Worth
County Board of Commissioners.
This 2nd day of January, 1985.
Worth County Board
of Commissioners
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 News which is the official organ of Worth County, on
the following date: January 31, 1985.
/s/ Earleen Sizemore
Representative,
136th District
4580 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 1st day of March, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 27, 1985.
WILKES COUNTY HOMESTEAD EXEMPTION FROM
COUNTY AND SCHOOL DISTRICT AD VALOREM TAXES;
REFERENDUM.
No. 358 (House Bill No. 1091).
AN ACT
To provide homestead exemptions from Wilkes County and
Wilkes County school district ad valorem taxes; to provide re-
quirements 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 VII, Sec-
tion 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.
GEORGIA LAWS 1985 SESSION
4581
(2) 'Lessee means any individual who holds an es-
tate 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 Wilkes
County, 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 $4,000.00 from all county and county school
district ad valorem taxes.
(b) Except to the extent that a resident of Wilkes 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 re-
main subject to ad valorem taxation by Wilkes County. No
resident shall receive the benefits of such homestead exemp-
tion unless he or his agent provides the governing authority
of the county, or a person designated by the governing au-
thority, with an affidavit stating that he is a resident and
that the property is his homestead and residence and con-
taining such additional information as will enable the gov-
erning 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.
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 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 admin-
istration of this exemption, including penalties necessary
4582 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
therefor. The increased exemptions provided in this Act
shall apply to all taxable years beginning after December
31, 1986.
Section 4. It shall be the duty of the election superinten-
dent of Wilkes County to issue the call for an election for the
purpose of submitting this Act to the electors of Wilkes 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 1986. 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 immedi-
ately preceding the date thereof in the official organ of Wilkes
County. The ballot shall have written or printed thereon the
words:
"( ) YES Shall the Act changing and in-
creasing the homestead exemptions
( ) NO granted to residents of Wilkes County
be approved?
All persons desiring to vote in favor of ratifying the proposed
amendment shall vote "Yes. All persons desiring to vote
against ratifying the proposed amendment 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 Wilkes
County. It shall be the duty of the superintendent to hold and
conduct such election. It shall be his further duty to certify
the result thereof to the Secretary of State.
Section 5. All laws and parts of laws in conflict with this
Act are repealed.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular
1985 session of the General Assembly of Georgia a bill relative
to homestead exemptions from ad valorem taxation in Wilkes
GEORGIA LAWS 1985 SESSION
4583
County and providing for other matters relative thereto; and
for other purposes.
This 25th day of February, 1985.
Honorable 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 28, 1985.
/s/ Ben Barron Ross
Representative,
82nd District
Sworn to and subscribed before me,
this 1st day of March, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 27, 1985.
4584 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CATOOSA COUNTY CORONER; SALARY.
No. 359 (House Bill No. 1094).
AN ACT
To amend an Act placing the coroner of Catoosa County
on an annual salary, approved March 17, 1967 (Ga. L. 1967,
p. 2222), as amended, so as to increase the salary of the coroner;
to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act placing the coroner of Catoosa County
on an annual salary, approved March 17, 1967 (Ga. L. 1967,
p. 2222), as amended, is amended by striking Section 2 of said
Act in its entirety and inserting in lieu thereof a new Section
2 to read as follows:
"Section 2. The coroner shall receive an annual salary
of $1,800.00, payable in equal monthly installments from
the funds of Catoosa County.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Notice.
Notice of Intent to request introduction of Local Legislation
to increase compensation of the Coroner of Catoosa County and
for other purposes.
David Carlock
Coroner
Proof of Publication.
State of Georgia. Catoosa County.
Before me, an officer duly authorized by law to administer
oaths, appeared Jim Caldwell, who on oath states that he is
GEORGIA LAWS 1985 SESSION
4585
publisher of The Catoosa County News, a newspaper of general
circulation and one in which Sheriffs advertisements are pub-
lished in Catoosa County, Georgia, and that the notice shown
below has been duly and regularly published in The Catoosa
County News 1 time, on the issues dated, to-wit: February 27,
1985.
/s/ Jim Caldwell
Sworn to and subscribed before me,
this the 28 day of Feb., 1985.
/s/ Juanita Caldwell
Notary Public, Georgia, State at Large.
My Commission Expires Apr. 22, 1985.
(Seal).
Approved March 27, 1985.
DOOLY COUNTY BOARD OF COMMISSIONERS;
COMPENSATION.
No. 360 (House Bill No. 1095).
AN ACT
To amend an Act creating a board of commissioners of Dooly
County, approved August 18, 1913 (Ga. L. 1913, p. 373), as
amended, so as to change the provisions relative to the compen^
sation of the chairman and other members of said board of
commissioners; to provide an effective date; to repeal conflicting
laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act creating a board of commissioners of
Dooly County, approved August 18, 1913 (Ga. L. 1913, p. 373),
4586 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
as amended, is amended by striking Section 7 in its entirety
and substituting in lieu thereof a new Section 7 to read as fol-
lows:
"Section 7. Each member of the board of commissioners
of Dooly County, other than the chairman, shall be compen-
sated in the amount of $200.00 per month. The chairman
shall be compensated in the amount of $300.00 per month.
The compensation of the chairman and other members shall
be paid from the funds of Dooly 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.
Public Notice.
Notice is hereby given that there will be introduced in the
1985 regular session of the General Assembly of Georgia a bill
to change the compensation paid to the Board of Commissioners
of Dooly County, Georgia, and to provide for all matters relative
thereto and for all purposes.
Howard Rainey
Representative,
135th District
Rooney L. Bowen, Jr.
Senator,
13 th District
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 Vienna
News/Observer which is the official organ of Dooly County, on
the following date: February 28, 1985.
/s/ Howard H. Rainey
Representative,
135th District
GEORGIA LAWS 1985 SESSION
4587
Sworn to and subscribed before me,
this 4th day of March, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 27, 1985.
GILMER COUNTY COMMISSIONER; COMPENSATION.
No. 361 (House Bill No. 1099).
AN ACT
To amend an Act creating a county commissioner of Gilmer
County and an advisory board of Gilmer County, approved Feb-
ruary 23, 1943 (Ga. L. 1943, p. 1021), as amended, particularly
by an Act approved March 29, 1984 (Ga. L. 1984, p. 5130), so
as to change the compensation of the commissioner; to repeal
conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act creating a county commissioner of Gil-
mer County and an advisory board of Gilmer County, approved
February 23, 1943 (Ga. L. 1943, p. 1021), as amended, particu-
larly by an Act approved March 29, 1984 (Ga. L. 1984, p. 5130),
is amended by striking Section 3 in its entirety and inserting
in its place the following:
"Section 3. The compensation of the commissioner shall
be $25,000.00 per annum, payable in equal monthly install-
ments from the funds of Gilmer County.
4588 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular
1985 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. L. 1943, p. 1021), as amended; and for other purposes.
This 21st day of February, 1985.
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-Cou-
rier which is the official organ of Gilmer County, on the following
date: February 21, 1985.
/s/ Carlton H. Colwell
Representative,
4th District
Sworn to and subscribed before me,
this 4th day of March, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 27, 1985.
GEORGIA LAWS 1985 SESSION
4589
WAYNE COUNTY INDUSTRIAL DEVELOPMENT TAX;
LOCAL CONSTITUTIONAL AMENDMENT CONTINUED.
No. 362 (House Bill No. 1101).
AN ACT
To continue in force and effect as a part of the Constitution
of the State of Georgia that constitutional amendment (Resolu-
tion Act No. 212, H.R. No. 623-1708, Ga. L. 1976, p. 1892) author-
izing the governing authority of Wayne County to levy a tax
not to exceed one-half mill for industrial development purposes;
to provide the authority for this Act; to repeal conflicting laws;
and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. That constitutional amendment (Resolution Act
No. 212, H. R. No. 623-1708, Ga. L. 1976, p. 1892) authorizing
the governing authority of Wayne County to levy a tax not to
exceed one-half mill for industrial development purposes shall
not be repealed or deleted on July 1, 1987, as a part of the
Constitution of the State of Georgia but is specifically continued
in force and effect on and after that date as a part of the Constitu-
tion of the State of Georgia.
Section 2. This Act is passed pursuant to Article XI, Sec-
tion I, Paragraph IV of the Constitution of the State of Georgia
which authorizes the continuation of certain amendments to
the Constitution.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Notice of Intent to Introduce Local Legislation.
Notice is given that there will be introduced at the regular
1985 Session of the General Assembly of Georgia, a bill to con-
tinue that Constitutional Amendment (Res. alt. 212, HR 623-
1708, Ga. Laws 1976, page 1892) authorizing the governing au-
thority of Wayne County to levy a tax not to exceed V2 mill
4590 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
for industrial development purposes; to provide authority; and
other purposes.
This 27th day of February, 1985.
/s/ Alvin Leaphart
Attorney for Wayne County
Industrial Development
Authority
Affidavit of Publication.
State of Georgia. County of Wayne.
Before the undersigned, a Notary Public of said County and
State, duly commissioned, qualified, and authorized by law to
administer oaths, personally appeared Thomas Woodard, who,
being first duly sworn, deposes and says: that he is Credit Man-
ager of Press-Sentinel a newspaper published, issued, and en-
tered 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 Jesup on
the following date: Feb. 27, 1985 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 publica-
tion, a newspaper of General Circulation in Wayne County.
This 28 day of Feb., 1985.
/s/ Thomas Woodard
Sworn to and subscribed before me,
this 28 day of Feb., 1985.
/s/ Lynn S. Rice
Notary Public.
My Commission Expires October 20, 1987.
(Seal).
Approved March 27, 1985.
GEORGIA LAWS 1985 SESSION
4591
HOUSTON JUDICIAL CIRCUIT JUDGES; SALARY
SUPPLEMENTS.
No. 363 (House Bill No. 1102).
AN ACT
To amend an Act creating the Houston Judicial Circuit, ap-
proved April 16, 1969 (Ga. L. 1969, p. 427), as amended, so as
to change provisions relating to the compensation and salary
supplements of the judges of the Houston Judicial Circuit; 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 Houston Judicial Circuit,
approved April 16, 1969 (Ga. L. 1969, p. 427), as amended, is
amended by striking Section 2 and inserting in its place a new
Section 2 to read as follows:
"Section 2. The compensation, salary, and allowances
of the judges of the Houston Judicial Circuit shall be as
now or hereafter provided by law. In addition to all other
compensation, salary, and allowances received from the
state, the governing authority of Houston County may sup-
plement the salaries of the judges of the Houston Judicial
Circuit, and the salary supplement of the judge who is senior
in time of service may exceed the salary of the other judge.
Section 2. Said Act is further amended by striking Section
1.4 which reads as follows:
"Section 1.4. The compensation, salary, expenses, and
local salary supplement of the additional judge shall be the
same as that of the other judge of the circuit.,
in its entirety.
Section 3. This Act shall become effective July 1, 1985.
4592 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 4. All laws and parts of laws in conflict with this
Act are repealed.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular
1985 session of the General Assembly of Georgia a bill to amend
an Act creating the Houston Judicial Circuit, approved April
16,1969 (Ga. L. 1969, p. 427), as amended, so as to change provi-
sions relating to the compensation and salary supplements of
the judges of the Houston Judicial Circuit; and for other pur-
poses.
This 20th day of February, 1985.
Larry Walker
Representative,
115th District
Georgia, Houston County.
Personally appeared before me this date, Jim Kerce, pub-
lisher of The Houston Home Journal, Perry, Ga., the Official
Organ of Houston County, Georgia, who certifies that the Legal
Notice, Intent to Introduce Local Leg. (Ga. L. 1969, p. 427) was
published in The Houston Home Journal on the following date:
February 28, 1985.
This 1st day of March, 1985.
/s/ Jim Kerce, Publisher
Houston Home Journal
Perry, Georgia
Sworn to and subscribed before me,
this 1st day of March, 1985.
/s/ Tammy Draper
Notary Public, Georgia, State at Large.
My Commission Expires Oct. 8, 1988.
(Seal).
Approved March 27, 1985.
GEORGIA LAWS 1985 SESSION
4593
MUNICIPAL COURT OF COLUMBUS, GEORGIA
JURISDICTION; COSTS; TRANSFER OF CASES.
No. 426 (House Bill No. 530).
AN ACT
To amend an Act establishing the Municipal Court of Colum-
bus, 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 increase the jurisdiction of the
court in certain cases; to provide for costs; to provide for the
transfer of cases to and from other courts; 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 Co-
lumbus, 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 3 in its
entirety and inserting in lieu thereof a new Section 3 to read
as follows:
"Section 3. (a) In addition to the matters and things
over which said justice courts, justices of the peace, and no-
taries public ex officio justices of the peace now have jurisdic-
tion, the said Municipal Court of Columbus and Muscogee
County shall have jurisdiction within the limits of Muscogee
County and Columbus, Georgia, concurrent with the Supe-
rior Court of Muscogee County to try and dispose of all civil
causes 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 of which jurisdiction is not vested by
the Constitution and laws of Georgia exclusively in another
or other courts. The criminal jurisdiction of said municipal
court shall be throughout the limits of Muscogee County
and Columbus, Georgia, and shall be the jurisdiction in crim-
inal matters exercised by justices of the peace, notaries pub-
lic ex officio justices of the peace, and justice courts, and
4594 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
shall not exceed the jurisdiction hereafter vested by law in
the magistrate courts of this state; except that the judge
of said Municipal Court of Columbus and Muscogee County
is empowered and authorized and given jurisdiction to accept
pleas of guilty or nolo contendere and to impose punishment
and penalties provided by law in all cases involving misde-
meanors where preliminary hearing is waived in writing
by the accused and a plea of guilty or nolo contendere entered
by the accused in writing. Whenever the words 'principal
amount sworn to or claimed to be due are used in this Act,
it shall be held to mean the principal amount sued for or
the value of the property sued for or claimed or the alleged
amount of liens sought to be enforced by the defendant, set-
off, or counterclaim, exclusively of and not computing inter-
est, hire, attorneys fees, and costs.
(b) The Municipal Court of Columbus, Georgia, shall
have jurisdiction in the amount of $15,000.00 for writs of
possession on personalty under Code Sections 44-14-230
through 44-14-282 of the O.C.G.A. and for garnishments un-
der Code Sections 18-4-1 through 18-4-118 of the O.C.G.A.
The costs shall be the same as for other cases except the
cost for filing and docketing each case exceeding $7,500.00
shall be $18.50.
(c) If any defendants file a counterclaim or set-off seek-
ing affirmative relief in excess of the jurisdiction of the mu-
nicipal court, upon the court being so informed and upon
the court determining the claim or set-off to be a valid one,
the entire case shall be transferred to the State Court of
Muscogee County or, if made necessary by the character
of the relief sought, to the Superior Court of Muscogee
County for all future action, unless the case shall be trans-
ferred back to the municipal court by such other court. The
defendant shall be required to pay to the clerk of the state
court or the clerk of the superior court the costs required
for the filing of a case in such other court less the plantiffs
filing costs paid to the clerk of the municipal court. The
Municipal Court of Columbus, Georgia, shall be deemed a
state court for the purpose of transferring any other cases.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
GEORGIA LAWS 1985 SESSION
4595
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the
January, 1985, session of the General Assembly of Georgia, a
bill to amend the Act establishing Municipal Court of Columbus,
Georgia (Ga. Laws 1983 p. 4443). As amended to increase the
jurisdiction of the court and provide for costs to increase the
salaries of the Judge, Clerk and Marshal; to provide for the
transfer of cases; to repeal conflicting laws and to provide for
an effective date.
This 27th of December, 1984.
William S. Cain, Jr. Judge,
Municipal Court of
Columbus, Georgia
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Thomas B. Buck, III, who,
on oath, deposes and says that he is Representative from the
95th District, and that the attached copy of Notice of Intention
to Introduce Local Legislation was published in the Columbus
Ledger which is the official organ of Muscogee County, on the
following date: December 31, 1984.
/s/ Thomas B. Buck, III
Representative,
95th District
Sworn to and subscribed before me,
this 15th day of January, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 28, 1985.
4596 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
BUTTS COUNTY MAGISTRATE COURT; SELECTION OF
THE CHIEF MAGISTRATE.
No. 427 (House Bill No. 532).
AN ACT
To amend an Act making provisions for the Magistrate Court
of Butts County and providing for the appointment of the chief
magistrate and other magistrates, approved March 15, 1984
(Ga. L. 1984, p. 4308), so as to change the method of selection
of the chief magistrate; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act making provisions for the Magistrate
Court of Butts County and providing for the appointment of
the chief magistrate and other magistrates, approved March
15, 1984 (Ga. L. 1984, p. 4308), is amended by striking Section
1 and inserting in lieu thereof a new Section 1 to read as fol-
lows:
"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 elected by
the voters of the county in the manner 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
1985 session of the General Assembly of Georgia a bill to amend
an Act making provisions for the Magistrate Court of Butts
County and providing for the appointment of the chief magis-
trate and other magistrates, changing the method of selection
GEORGIA LAWS 1985 SESSION
4597
of the chief magistrate. This legislation will provide for the elec-
tion of the Chief Magistrate of Butts County.
This 20th day of January, 1985.
Larry Smith
Representative,
78th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Larry Smith, 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 Pro-
gress-Argus which is the official organ of Butts County, on the
following date: January 23, 1985.
/s/ Larry Smith
Representative,
78th District
Sworn to and subscribed before me,
this 4th day of February, 1985.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 11, 1988.
(Seal).
Approved March 28, 1985.
4598 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
TROUP COUNTY BOARD OF COMMISSIONERS;
DISTRICTS.
No. 428 (House Bill No. 554).
AN ACT
To amend an Act creating a Board of Commissioners for
Troup County, approved March 25, 1958 (Ga. L. 1958, p. 3068),
as amended, so as to change the composition of commissioner
districts; to define certain terms; to provide for applicability;
to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act creating a Board of Commissioners for
Troup County, approved March 25, 1958 (Ga. L. 1958, p. 3068),
as amended, is amended by striking in its entirety subsection
(a) of Section 2 and inserting in lieu thereof a new subsection
(a) to read as follows:
"(a) For the purpose of electing the members of the
Board of Commissioners, there shall be five commissioner
districts as follows:
Commissioner District No. 1 shall consist of the entire
County of Troup.
Commissioner District No. 2 shall consist of the follow-
ing portion of Troup County:
Troup
Tract 9901
Tract 9902
Blocks 101 through 103, 204, 206
through 210, and 241
Tract 9903
Blocks 101 through 111 and 114
through 117
GEORGIA LAWS 1985 SESSION
4599
Those parts of Blocks 118 and 119
outside the City of LaGrange
Block 120
Those parts of Blocks 135 and 136
outside the City of LaGrange
Blocks 159, 160, and 201
That part of Block 308 outside
the City of LaGrange
Blocks 309 through 331 and 401
through 404
Tract 9904
Blocks 101 through 110
Those parts of Blocks 112 and 113
outside the City of LaGrange
Blocks 114 through 135
That part of Block 202 outside
the City of LaGrange
Block 203
Those parts of Blocks 204 and 304
through 307 outside the City of
LaGrange
Tract 9907
Blocks 101 through 105
That part of Block 106 outside
the City of LaGrange
Block 107
Those parts of Blocks 108
through 110 outside the City
of LaGrange
Blocks 111 through 150
Block Groups 2 and 3
Commissioner District No. 3 shall consist of the follow-
ing portion of Troup County:
Troup
Tract 9902
Blocks 104 through 151, 201 through
203, 205, and 211 through 233
Those parts of Blocks 234 and 235
outside the City of LaGrange
Tract 9906
Blocks 101 through 145
4600 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
That part of Block 148 outside
the City of LaGrange
Block 149
That part of Block 150 outside
the City of LaGrange
Block 201
That part of Block 202 outside
the City of LaGrange
Blocks 203, 204, 206 through 213,
224 through 242, 301 through
322, 325, and 326
Tract 9908
Commissioner District No. 4 shall consist of the follow-
ing portion of Troup County:
Troup
Tract 9902
Those parts of Blocks 234 and 235
inside the City of LaGrange
Blocks 236 through 240
Block Group 3
Blocks 401 through 415, 419, 420,
and 422 through 430
Tract 9903
Those parts of Blocks 118 and 119
inside the City of LaGrange
Blocks 121 through 134
Those parts of Blocks 135 and 136
inside the City of LaGrange
Blocks 137 through 149, 202 through
250, 301 through 303, and 305
That part of Block 308 inside the
City of LaGrange
Tract 9904
Those parts of Blocks 112, 113, and
201 inside the City of LaGrange
Tract 9905
Blocks 103 through 109 and 115
through 121
Block Groups 2 and 3
GEORGIA LAWS 1985 SESSION
4601
Tract 9906
Blocks 324, 327, 328, and 401
through 420
Commissioner District No. 5 shall consist of the follow-
ing portion of Troup County:
Troup
Tract 9902
Blocks 416 through 418 and 421
Tract 9904
Those parts of Blocks 202 and 204
inside the City of LaGrange
Blocks 205, 207 through 252, and 301
through 303
Those parts of Blocks 304 through 307
inside the City of LaGrange
Blocks 308 through 332
Tract 9905
Blocks 101, 102, 110 through 114,
and 122 through 128
Block Group 4
Tract 9906
Blocks 146 and 147
Those parts of Blocks 148, 150, and
202 inside the City of LaGrange
Blocks 329 through 331 and 422
through 449
Block Group 5
Tract 9907
Those parts of Blocks 106 and 108
through 110 inside the City of
LaGrange
Block Group 4
Section 2. Said Act is further 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) 'Tract, 'Block Group, and 'Block shall have the
same meaning and describe the same geographical bound-
aries as provided in the Bureau of the Census report for
the United States decennial census of 1980 for the State
4602 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
of Georgia. Any portion of Troup County not included in
Commissioner Districts 1 through 5, described above, shall
be included within that commissioner district contiguous
to such portion which contains the least population accord-
ing to the United States decennial census of 1980.
Section 3. Nothing in this Act shall affect the terms of
office or residency requirements of current members of the board
of commissioners. The provisions of this Act shall apply to the
election of successors to the current members of such board
at the 1986 and 1988 general elections and to the election of
successors at general elections or special elections thereafter.
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
1985 session of the General Assembly of Georgia a bill to amend
an Act creating a Board of Commissioners for Troup County,
approved March 25, 1958 (Ga. L. 1958, p. 3068), as amended;
and for other purposes.
This 22nd day of January, 1985.
Wade Milam
Representative,
81st District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Wade Milam, 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 25, 1985.
/s/ Wade Milam
Representative,
81st District
GEORGIA LAWS 1985 SESSION
4603
Sworn to and subscribed before me,
this 28th day of January, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 28, 1985.
CITY OF OAKWOOD CORPORATE LIMITS.
No. 429 (House Bill No. 557).
AN ACT
To amend an Act creating a new charter for the City of
Oakwood, approved March 9, 1979 (Ga. L. 1979, p. 3089), as
amended, so as to change the corporate limits of the city; to
provide an effective date; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act creating a new charter for the City of
Oakwood, approved March 9, 1979 (Ga. L. 1979, p. 3089), as
amended, is amended by adding after Section 1.2 a new Section
1.21 to read as follows:
"Section 1.21. Corporate Limits. The corporate limits of
the City of Oakwood shall not include any part of the terri-
tory described as follows:
(1) Property known as McEver School as annexed
in Ordinance No. 22 and specifically described as:
4604 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ALL THAT TRACT OR PARCEL of land lying and being
in Land Lots 21 and 22 of the 8th Land District, Hall
County, Georgia, containing 19.57 acres and being shown
on a plat entitled, 'Hall County Board of Education, Prop-
erty Survey, McEver School Site, prepared by George
D. Newton, Georgia Registered Land Surveyor, dated 1/
20/54 and recorded in Plat Book 12, page 129, Hall
County Plat Records and being more particularly de-
scribed as follows:
BEGINNING at the point where the land lot line separat-
ing land lots 21 and 22 of the 8th Land District intersects
the northeasterly right of way of Gould Road; thence
from said beginning point South 20 30' East along the
northeasterly right of way of Gould Road 330 feet to a
point; thence South 7 0' East along the northeasterly
right of way of Gould Road 321 feet to a concrete monu-
ment; thence North 81 10' East 986 feet to a concrete
monument; thence North 30 0' West 976 feet to a point
on the land lot line separating land lots 21 and 22 of
the 8th Land District; thence from said point North
30 0' West 248.1 feet to a concrete monument; thence
South 60 0' West 770.5 feet to a concrete monument
on the northeasterly right of way of Gould Road; thence
South 37 0' East 250 feet along the northeasterly right
of way of Gould Road to the point where said right of
way intersects the land lot line separating land lots 21
and 22 of the 8th Land District being the beginning point.
The right of way of McEver Road beginning at Whiting
Road running in a northerly direction to that point where
the right of way of McEver Road intersects the right of
way of McEver School Road; the right of way of McEver
School Road from its intersection with the right of way
of McEver Road running in a westerly direction to that
point where the right of way of McEver School Road
intersects the right of way of Gould Road; and the right
of way of Gould Road from the point where the right
of way of Gould Road intersects the right of way of
McEver School Road running in a northwesterly direc-
tion to that point marked by a concrete monument lying
North 37 0' West 250 feet from the intersection of the
land lot line separating land lots 21 and 22 of the 8th
GEORGIA LAWS 1985 SESSION
4605
Land District and the northwesterly right of way of Gould
Road which is the most westerly corner of the above
described tract of land.
(2) Property known as Myers School as annexed in
Ordinance No. 23 and specifically described as:
ALL THAT TRACT or parcel of land lying and being
in the Candler DistrictGMD 1385, Hall County, Geor-
gia, and being all that tract or parcel of land shown upon
plat designated 'Survey for Hall County Board of Educa-
tion, prepared by McGill-Grogan & Associates, Inc., July
18, 1974, said plat being recorded in Plat Book 57, pages
84-85, Hall County Plat Records and being more particu-
larly described according to said plat as follows:
BEGINNING at an iron pin on the westerly right of way
of Georgia Highway #60, said iron pin being located
approximately 1,310 feet from the intersection of the
right of way of Georgia Highway #60 and the right of
way of Georgia Highway #332 as measured along the
westerly right of way of Georgia Highway # 60; running
thence along the westerly right of way of Georgia High-
way #60 South 17 48' East 100 feet to an iron pin on
said right of way; thence South 66 59' West 461.70 Feet
along the centerline of a ditch to a point; thence South
22 35' West 701.83 feet along the centerline of said ditch
to a rock corner; thence South 79 37' West 162.67 feet
along said ditch to a point; thence South 63 41' West
195.07 Feet along said ditch to an iron pin; thence South
23 31' West 221.93 feet along said ditch to a point;
thence South 56 48' West 146.39 feet to an iron pin
at the centerline of a creek; thence in a northerly direc-
tion along the centerline of a creek the following courses
and distances; North 03 03' West 111.03 feet; North
04 26' East 204.36 feet; North 08 07' West 105.19 feet;
North 04 35' West 191.08 Feet; North 14 27' West
71.15 feet; North 62 41' West 78.69 feet; North 19 10'
West 124.71 feet; North 10 34' West 129.45 feet; North
11 27' East 123.80 feet; North 6 43' West 139.35 feet;
North 67 31' East 31.38 feet; North 06 48' East 71.08
feet to an iron pin; thence along the centerline of a
branch that flows into said creek the following courses
4606 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
and distances; South 49 19' East 29.67 feet; North
49 48' East 128.42 feet; North 83 14' East 263.55 feet;
North 75 24' East 193.20 feet to a 15 inch pine fence
corner; thence South 55 15' East 495.99 feet to an iron
pin corner; thence North 66 59' East 397.5 feet to the
beginning iron pin corner. Said tract of land contains
21.14 acres of land according to said survey and is a
portion of the property conveyed March 10, 1953, from
Walter Paris Brock and Warlie Gay Brock (Mrs. Walter
Paris Brock) to Mrs. Minnie L. Mathis, recorded in Deed
Book 138, page 436, Hall County Deed Records.
The right of way of Georgia Highway 365 (also known
as U.S. Highway 23, U.S. Highway 1-985 and Lanier Park-
way) from the point where Mundy Mill Road (also known
as Georgia State Route 53) intersects Georgia Highway
365 (also known as U.S. Highway 23 and Lanier Parkway)
running in a northeasterly direction to that point where
said highway intersects Georgia Highway 60; the right
of way of Georgia Highway 60 from the point where Geor-
gia Highway 60 intersects Georgia Highway 365 (also
known as U.S. Highway 23 and Lanier Parkway) running
in a southeasterly direction to the point marking the
most southeasterly corner of the above described tract.
(3) Property known as Lyman Hall Instructional
Services Center as annexed in Ordinance No. 24 and
specifically described as:
All that tract or parcel of land lying and being in
the 9th Land District, Hall County, Georgia, and the
Gainesville District GMD 411 and being a portion of Land
Lot 166 of said land district and being more particularly
described as follows:
BEGINNING at a concrete monument at the northwest
intersection of Odell Street and Tate Street in said
County and running thence South 76 24' West along
the North right-of-way of Odell Street 234.7 feet to a
concrete monument; thence North 86 33' West along
the North right-of-way of Odell Street 31.3 feet to a con-
crete monument of the North right-of-way of Odell Street
opposite approximately the intersection of Odell Street
GEORGIA LAWS 1985 SESSION
4607
and Lyman Drive, running thence North 60 43' West
along the North-Northwest right-of-way of Lyman Drive
28.6 feet to a concrete monument; running thence North
37 48' West along the Northwest right-of-way of Lyman
Drive 37 feet to a concrete monument; running thence
North 28 2' West along the Northwest right-of-way of
Lyman Drive 453.2 feet to a concrete monument at the
intersection of Lyman Drive and Westside Drive; running
thence North 66 0' East along the South right-of-way
of Westside Drive 475.4 feet to an iron pin at the intersec-
tion of Westside Drive and Tate Street; running thence
South 8 25' East along the West right-of-way of Tate
Street 590 feet to the beginning concrete monument cor-
ner.
The right-of-way of Georgia Highway 13 from the point
600 feet North of the intersection of Georgia Highway
13 and Tumbling Creek Road in a northerly direction
to that point where the right-of-way of Georgia Highway
13 intersects the right-of-way of Westside Drive; the
right-of-way of Westside Drive from the point where the
right-of-way of Westside Drive intersects the right-of-way
of Georgia 13 running in a southwesterly direction to
that point marking the most northwesterly corner of the
above described tract.
(4) Property known as Lyman Hall Elementary
School as enacted in Ordinance No. 25 as specifically
described as:
ALL THAT TRACT or parcel of land lying and being
in the 8th Land District, Hall County, Georgia, and being
a portion of Land Lot 8 of said District and being more
particularly described as follows:
BEGINNING at a concrete monument at the Southwest
intersection of the right of way of Memorial Park Road
and Titshaw Road in said District and Land Lot and
running thence South 87 08'30* West 177 feet to an
iron pin; running thence South 70 09' West 114.1 feet
to an iron pin; running thence South 72 35' 30' West
187.1 feet to a concrete monument; running thence North
38 57' West 150.1 feet to a concrete monument; running
4608 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
thence South 67 54'30" West 150.2 feet to a concrete
monument; running thence South 39 41' 30* East 152.6
feet to a concrete monument; running thence South
4432' West 40 feet to a concrete monument; running
thence North 39 41' 30* West 153.2 feet to a concrete
monument; running thence North 49 37' 27* West
426.2 feet to a concrete monument on the dividing line
between Land Lot 8 and Land Lot 13 of the 8th Land
District; running thence North 29 39' 14* West 438.8
feet to a concrete monument; running thence North
59 10' 30* East 149.9 feet to a concrete monument; run-
ning thence north 29 35' 30* West 290.3 feet to a con-
crete monument; running thence North 58 51' 24* East
369.2 feet to a concrete monument; running thence South
40 17' 30* East 214.1 feet to a concrete monument; run-
ning thence North 53 41' 30* East 203.9 feet to a con-
crete monument; running thence South 39 20' East
1210.6 feet to the beginning concrete monument.
The right-of-way of Old Oakwood Road beginning at Tum-
bling Circle and running in a northeasterly direction to
that point where the right-of-way of Old Oakwood Road
deadends into the right-of-way of Mountain View Road;
the right-of-way of Mountain View Road from that point
where the right-of-way of Mountain View Road intersects
the right-of-way of Old Oakwood Road running in a
northeasterly direction to that point where the right-of-
way of Mountain View Road intersects the right-of-way
of Memorial Park Road; the right-of-way of Memorial
Park Road from that point where the right-of-way of
Memorial Park Road intersects the right-of-way of Moun-
tain View Road running in a northwesterly direction
to that point marking the most northerly corner of the
above described property.
(5) Property owned by Mary Cook McMillian and
being that property upon which Chestnut Mountain Sho-
pette is located as annexed in Ordinance No. 35 and spe-
cifically described as:
BEGINNING at an iron pin stake adjoining Strickland
Road and running thence N81-30E for a distance of
111.98 feet to an iron pin stake; thence S27-15E for a
GEORGIA LAWS 1985 SESSION
4609
distance of 118.95 feet to an iron pin stake; thence S57-
58W for a distance of 98.70 feet at Highway 53; thence
N29-55W for a distance of 163.23 feet to an iron pin at
the beginning corner. For a more detailed description,
reference is made to a plat of the property of Mary Cook
McMillan as drawn by Henry Grady Jarrard, Georgia
Registered Land Surveyor #1182 and shown of record
in the records of the Clerk of the Superior court of Hall
County, Georgia.
Also: Beginning at a point on Georgia Highway 53 (also
known as Winder Highway) 1,848 feet Southeasterly of
the intersection of Georgia Highway 53 (also known as
Winder Highway) and Georgia Highway 13 (also known
as Atlanta Highway) running in a Southeasterly direc-
tion along the right-of-way of State Route 53, Winder
Highway, to the most Southerly point of the property
of Mary Cook McMillan, said point being 163.23 feet
Southeast of the intersection of the right-of-way of Strick-
land Road.
(6) Property belonging to the Mansfield Oil Com-
pany as annexed in Ordinance No. 81 and specifically
described as:
All that tract or parcel of land lying and being in Land
Lot 168 of the 9th Land District of Hall County, Georgia,
and being more particularly described as follows:
BEGINNING at an iron pin adjoining State Route 13
and running thence S24-05W for a distance of 278.0 feet
to a point; thence beginning at an iron pin and running
N61-39W for a distance of 23.3 feet to an iron pin; thence
S24-38W for a distance of 95.9 feet to an iron pin; thence
S59-27W for a distance of 161.15 feet to an iron pin;
thence along a small ditch N83-46W for a distance of
184.30 feet to an iron pin; thence N05-58E for a distance
of 470.70 feet to an iron pin; thence N80-29E for a dis-
tance of 196.58 feet to an iron pin; thence S11-18E for
a distance of 14.7 feet to an iron pin; thence S69-29E
for a distance of 267.8 feet to an iron pin. This property
consists of 4.096 acres.
4610 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
For a more detailed description reference is made to a
plat of the property of Charlsie Akins as drawn by Owen
Patton, Georgia Registered Land Surveyor #1324, and
shown of record in the records of the Clerk of Superior
Court, Hall County, Georgia.
Section 2. This Act shall become effective July 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
1985 session of the General Assembly of Georgia a bill to amend
an Act creating a new charter for the City of Oakwood, approved
March 9, 1979 (Ga. L. 1979, p. 3089), as amended; and for other
purposes.
This 24th day of January, 1985.
Nathan Deal
Senator,
49th District
J. T. Wood
Representative,
1st District, Post 1
Bobby Lawson
Representative,
9th District, Post 2
Jerry Jackson
Representative,
9th District, Post 3
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Jerry D. Jackson, who,
on oath, deposes and says that he is Representative from the
9th District, and that the attached copy of Notice of Intention
to Introduce Local Legislation was published in the Lanier Tri-
bune which is the official organ of Hall County, on the following
date: January 24, 1985.
/s/ Jerry D. Jackson
Representative,
9th District
GEORGIA LAWS 1985 SESSION
4611
Sworn to and subscribed before me,
this 28th day of January, 1985.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 11, 1988.
(Seal).
Approved March 28, 1985.
MERIWETHER COUNTY BOARD OF EDUCATION;
ELECTIONS; SCHOOL SUPERINTENDENT.
No. 430 (House Bill No. 580).
AN ACT
To reconstitute the Meriwether County board of education;
to provide for the election, qualifications, and terms of members
of the board; to provide for education districts from and by which
the members of the board shall be elected; to provide for filling
of vacancies on the board; to provide that the county school
superintendent of Meriwether County shall be elected or ap-
pointed by the board of education and shall serve at the pleasure
of said board; to provide that there shall be no local boards of
trustees within the Meriwether County School District; to pro-
vide 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. In any instance in which the construction of
any provision of this Act is in question, this Act shall be con-
strued if possible to be in conformity with the consent decree
entered on September 28, 1984, by the United States District
Court for the Northern District of Georgia in the matter of
Meriwether County Voter Education Project v. Hicks (Civil
Action File No. C84-117-N).
4612 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2. The Meriwether County board of education
shall consist of five members. The members of the board elected
at the special election held in May, 1985, pursuant to the court
order referred to in Section 1 of this Act shall continue in office
and shall serve until December 31, 1988, and until their succes-
sors are elected and qualified.
Section 3. (a) Future members of the board of education
shall be elected in a partisan election in the same manner as
county officers at the general election held in 1988 and quadren-
nially thereafter. Each member of the board shall represent
one of the five education districts described in Section 4 of this
Act; and the member representing each education district shall
be elected solely by the voters who reside in that election district.
(b) Each candidate for election to the board of education
shall at the time of qualification for election be a resident of
the education district he seeks to represent. The office of any
member of the board of education who ceases to be a resident
of the education district he represents shall become vacant by
operation of law as of the date of change of residency.
(c) Each candidate for election to the board of education
shall have resided within Meriwether County for a continuous
period of two years immediately preceding the date of the gen-
eral election and shall at the time of qualification be a qualified
voter of Meriwether County.
(d) The terms of all members of the board shall be for four
years beginning on the first day of January next following their
election and until their successors are elected and qualified.
Section 4. (a) Each of the five education districts for the
election of the members of the Meriwether County board of
education shall consist of a portion of the Meriwether County
School District described by the following boundaries:
EDUCATION DISTRICT NO. 1
BEGINNING at the intersection of the north boundary
line of Meriwether County with the center line of Forest
Road and run thence southerly along the center line of For-
est Road to its intersection with the center line of Gold Mine
Road; thence along the center line of Gold Mine Road to
GEORGIA LAWS 1985 SESSION
4613
its intersection with the center line of Georgia Highway # 54;
thence run northeasterly along the center line of Georgia
Highway # 54 to its intersection with the city limits of the
City of Luthersville; thence following the city limits of the
City of Luthersville southeasterly to its intersection with
the center line of Georgia Highway #41; thence run south
along the center line of Georgia Highway # 41 to its intersec-
tion with the city limits of the City of Greenville; thence
following the city limits of the City of Greenville, east, south,
east, south, west, south to its intersection with the center
line of Georgia Highway #41; thence run south along the
center line of Georgia Highway #41 to its intersection with
the center line of Cedar Rock-Woodbury Road; thence run
east along the center line of Cedar Rock-Woodbury Road
to its intersection with the center line of Georgia Highway
# 18; thence continue running northeasterly along the cen-
ter line of what is now called the Imlac Road to its intersec-
tion with the center line of Middlebrooks Road; thence run
along the center line of Middlebrooks Road southeasterly
to the center line of Georgia Highway # 18; thence run east-
erly along the center line of Georgia Highway #18 to its
intersection with the city limits of the City of Woodbury;
thence run in a northeasterly direction along the city limits
of the City of Woodbury to its intersection with the center
line of Georgia Highway #85W; thence run north along
the center line of Georgia Highway # 85W to its intersection
with the center line of Flat Shoals Road; thence run easterly
along the center line of Flat Shoals Road to the center line
of Pentecostal Church Road; thence run northerly along the
center line of Pentecostal Church Road to the center line
of Thrash Cemetery Road; thence run easterly along the
center line of Thrash Cemetery Road to its intersection with
the center line of the Flint River; thence run north along
the meanderings made by the center line of Flint River to
its intersection with the center line of Line Creek; thence
run north along the meanderings made by the center line
of Line Creek to the north boundary line of Meriwether
County; thence run west along the north boundary line of
Meriwether County to the beginning point.
EDUCATION DISTRICT NO. 2
BEGINNING at the intersection of the north boundary
line of Meriwether County with the center line of Forest
4614 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Road and run thence southerly along the center line of For-
est Road to its intersection with the center line of Gold Mine
Road; thence along the center line of Gold Mine Road to
its intersection with the center line of Georgia Highway # 54;
thence run northeasterly along the center line of Georgia
Highway #54 to its intersection with the city limits of the
City of Luthersville; thence following the city limits of the
City of Luthersville southeasterly to its intersection with
the center line of Georgia Highway #41; thence run south
along the center line of Georgia Highway #41 to its intersec-
tion with the city limits of the City of Greenville; thence
east, south, east, south, west, south, west and north along
the city limits of the City of Greenville to the center line
of Georgia Highway #109; thence run northwesterly and
westerly along the center line of Georgia Highway #109
to the center line of the Billy Favor-Terrell Road; thence
run south along the center line of the Billy Favor-Terrell
Road to its intersection with the center line of the Dunn-
Gordon Road; thence run south along the center line of the
Dunn-Gordon Road to its intersection with the center line
of Stovall-Greenville Road; thence run westerly along the
center line of Stovall-Greenville Road to its intersection with
the center line of the Seaboard Coastline Railroad; thence
run north along the center line of the Seaboard Coastline
Railroad to the west boundary line of Meriwether County;
thence run north along the west boundary line of Meri-
wether County to the north boundary line of Meriwether
County; thence run east along the north boundary line of
Meriwether County to the beginning point.
EDUCATION DISTRICT NO. 3
BEGINNING at the intersection of the center line of
Georgia Highway # 41 with the center line of Cedar Rock-
Woodbury Road; thence run east along the center line of
Cedar Rock-Woodbury Road to its intersection with the cen-
ter line of Georgia Highway # 18; thence continue running
northeasterly along the center line of what is now called
the Imlac Road to its intersection with the center line of
Middlebrooks Road; thence run along the center line of Mid-
dlebrooks Road southeasterly to the center line of Georgia
Highway #18; thence run easterly along the center line
of Georgia Highway #18 to its intersection with the city
GEORGIA LAWS 1985 SESSION
4615
limits of the City of Woodbury; thence run in a northeasterly
direction along the city limits of the City of Woodbury to
its intersection with the center line of Georgia Highway
#85W; thence run north along the center line of Georgia
Highway #85W to its intersection with the center line of
Flat Shoals Road; thence run easterly along the center line
of Flat Shoals Road to the center line of Pentecostal Church
Road; thence run northerly along the center line of Pentecos-
tal Church Road to the center line of Thrash Cemetery Road;
thence run easterly along the center line of Thrash Cemetery
Road to its intersection with the center line of the Flint
River; thence run south along the meanderings made by
the center line of the Flint River to the southern boundary
line of Meriwether County; thence run southwesterly and
westerly along the southern boundary line of Meriwether
County to its intersection with the city limits of the City
of Manchester; thence run north along the east city limits
of the City of Manchester to its intersection with the center
line of Foster Street; thence run westerly along the center
line of Foster Street to its intersection with the center line
of Georgia Highway #85E; thence run north along the cen-
ter line of Georgia Highway #85E to its intersection with
the city limits of the City of Manchester; thence westerly
along the city limits of the City of Manchester to its intersec-
tion with the center line of Old Woodbury Road; thence north
along the center line of the Old Woodbury Road to its inter-
section with the center line of Georgia Highway # 85; thence
run north along the center line of Georgia Highway #85
to its intersection with the center line of Georgia Highway
#222; thence run northwesterly along the center line of
Georgia Highway #222 to its intersection with the center
line of Bonner Road; thence run westerly along the center
line of Bonner Road to the center line of Melvin Harris
Road; thence southwesterly and westerly along the center
line of Melvin Harris Road to its intersection with the center
line of Raleigh Road; thence run south along the center line
of Raleigh Road to its intersection with the Bulloch-Bonner
Road; thence run westerly along the center line of the Bul-
loch-Bonner Road to its intersection with the center line
of the Old Greenville-Talbotton Road; thence run northerly
along the center line of the Old Greenville-Talbotton Road
to the center line of Georgia Highway #85W; thence run
northeasterly along the center line of Georgia Highway
4616 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
# 85 W to its intersection with the center line of Cane Creek;
thence following the meanderings made by the center line
of Cane Creek to its intersection with the center line of Ford
Springs Creek; thence run westerly and southerly along the
meanderings made by the center line of Ford Springs Creek
to its intersection with the center line of Georgia Highway
#41; thence run along the center line of Georgia Highway
#41 to the point of beginning.
EDUCATION DISTRICT NO. 4
BEGINNING at the intersection of the south boundary
line of Meriwether County and the east city limits of the
City of Manchester; thence run north along the east city
limits of the City of Manchester to its intersection with the
center line of Foster Street; thence run westerly along the
center line of Foster Street to its intersection with the center
line of Georgia Highway # 85E; thence run north along the
center line of Georgia Highway #85E to its intersection
with the city limits of the City of Manchester; thence west-
erly along the city limits of the City of Manchester to its
intersection with the center line of Old Woodbury Road;
thence north along the center line of the Old Woodbury
Road to its intersection with the center line of Georgia High-
way #85; thence run north along the center line of Georgia
Highway #85 to its intersection with the center line of Geor-
gia Highway #222; thence run northwesterly along the cen-
ter line of Georgia Highway #222 to its intersection with
the center line of Bonner Road; thence run westerly along
the center line of Bonner Road to its intersection with the
center line of Melvin Harris Road; thence southwesterly
along the center line of Melvin Harris Road to the center
line of McGill Road; thence run southerly along the center
line of McGill Road to its intersection with the center line
of Bulloch Bonner Road; thence run southeasterly along the
center line of Bulloch Bonner Road to its intersection with
the center line of Routon Parker Road; thence run westerly
along the center line of Routon-Parker Road to the north
city limits of the City of Manchester; thence run westerly
along the north city limits line of the City of Manchester
to its intersection with the center line of the Seaboard Coast-
line Railroad; thence run southeasterly along the center line
of the Seaboard Coastline Railroad to its intersection with
the center line of 7th Avenue; thence run south along the
GEORGIA LAWS 1985 SESSION
4617
center line of 7th Avenue to the center line of 3rd Street
Extension; thence run westerly along the center line of 3rd
Street Extension to the center line of 8th Avenue; thence
run south along the center line of 8th Avenue to the center
line of Nebula Road; thence run westerly along the center
line of Nebula Road to the west city limits line of the City
of Manchester; thence run southerly along the west city lim-
its line of the City of Manchester to its intersection with
the south line of Meriwether County; thence east along the
south line of Meriwether County to the point of beginning.
EDUCATION DISTRICT NO. 5
BEGINNING at the intersection of the center line of
Melvin Harris Road with the center line of McGill Road
and run thence south along the center line of McGill Road
to its intersection with the center line of Bulloch Bonner
Road; thence run southeasterly along the centerline of Bul-
loch Bonner Road to its intersection with the centerline of
Routon Parker Road; thence run westerly along the center
line of Routon-Parker Road to the north city limits of the
City of Manchester; thence run westerly along the north
city limits line of the City of Manchester to its intersection
with the center line of the Seaboard Coastline Railroad;
thence run southeasterly along the center line of the Sea-
board Coastline Railroad to its intersection with the center
line of 7th Avenue; thence run south along the center line
of 7th Avenue to the center line of 3rd Street Extension;
thence run westerly along the center line of 3rd Street Exten-
sion to the center line of 8th Avenue; thence run south along
the center line of 8th Avenue to the center line of Nebula
Road; thence run westerly along the center line of Nebula
Road to the west city limits line of the City of Manchester;
thence run southerly along the west city limits line of the
City of Manchester to its intersection with the south line
of Meriwether County; thence run west along the south
boundary line of Meriwether County to its intersection with
the west boundary line of Meriwether County; thence run
north along the west boundary line of Meriwether County
to the center line of the Seaboard Coastline Railroad; thence
run southeasterly along the center line of the Seaboard
Coastline Railroad to its intersection with the center line
of the Stovall-Greenville Road; thence run northeasterly
along the center line of the Stovall-Greenville Road to its
4618 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
intersection with the center line of the Dunn-Gordon Road;
thence run northerly along the center line of the Dunn-Gor-
don Road to its intersection with the center line of the Billy
Favor-Terrell Road; thence run easterly along the center
line of the Billy Favor-Terrell Road to its intersection with
the center line of Georgia Highway # 109 (LaGrange High-
way); thence run easterly along the center line of Georgia
Highway # 109 to the city limits of the City of Greenville;
thence run southerly and easterly along the city limits of
the City of Greenville to its intersection with the center
line of Georgia Highway #41; thence run southerly along
the center line of Georgia Highway #41 to its intersection
with the center line of Ford Springs Creek; thence run east-
erly, following the meanderings made by the center line of
Ford Springs Creek to its intersection with the center line
of Cane Creek; thence run southerly along the center line
of Cane Creek to its intersection with the center line of Geor-
gia Highway #85W; thence run southerly along the center
line of Georgia Highway #85W to its intersection with the
Old Greenville-Talbotton Road; thence run southerly along
the center line of the Old Greenville-Talbotton Road to its
intersection with the center line of Bulloch-Bonner Road;
thence run easterly along the center line of Bulloch-Bonner
Road to its intersection with the center line of Raleigh Road;
thence run northerly along the center line of Raleigh Road
to its intersection with the center line of the Melvin Harris
Road; thence run easterly along the center line of the Melvin
Harris Road to its intersection with the center line of McGill
Road and the point of beginning.
(b) If any part of the Meriwether County School District
is not described within any education district described by this
section, then such part of the Meriwether County School District
shall be included in the adjacent education district which con-
tains the least population according to the United States decen-
nial census of 1980.
Section 5. Any vacancy on the Meriwether County board
of education shall be filled by a special election within and by
the voters of the unrepresented education district, except that
a vacancy which occurs within the last 90 days of a term of
office shall be filled by an appointment made by the remaining
members of the board. Any person selected to fill a vacancy
GEORGIA LAWS 1985 SESSION
4619
must meet the qualifications specified by Section 3 of this Act.
Any person selected to fill a vacancy shall serve for the remain-
der of the unexpired term of office.
Section 6. The county school superintendent of Meri-
wether County shall be elected or appointed by the board of
education and shall serve at the pleasure of said board.
Section 7. There shall be no local boards of trustees for
districts within the Meriwether County School District.
Section 8. This Act shall become effective June 17, 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 given that there will be introduced at the regular
1985 session of the General Assembly of Georgia a bill to recon-
stitute the Meriwether Board of Education; to provide for the
election, qualifications, and terms of members of the board; to
provide for education districts; to provide for vacancies; to pro-
vide that the county school superintendent of Meriwether
County shall be elected or appointed by the board of education
and shall serve at the pleasure of the board; to provide that
there shall be no local boards of trustees; and for other purposes.
This 21st day of January, 1985.
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 Meriwether
Vindicator which is the official organ of Meriwether County,
on the following date: January 25, 1985.
4620 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
/s/ Claude A. Bray, Jr.
Representative,
91st District
Sworn to and subscribed before me,
this 4th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 28, 1985.
STATE COURT OF TATTNALL COUNTY JUDGE;
SOLICITOR; CLERICAL ASSISTANTS; COMPENSATION.
No. 431 (House Bill No. 603).
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) and an Act
approved March 12,1984 (Ga. L. 1984, p. 3990), so as to change
the compensation of the judge of the state court; to change the
compensation of certain clerical assistants; to change the com-
pensation of the solicitor of the state court; to provide an effec-
tive date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act 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
GEORGIA LAWS 1985 SESSION
4621
Act approved April 11, 1979 (Ga. L. 1979, p. 4026) and an Act
approved March 12, 1984 (Ga. L. 1984, p. 3990), is amended
by striking Section 4 and inserting in lieu thereof a new Section
4 to read as follows:
"Section 4. Be it further enacted by the authority afore-
said, that there shall be a judge of said court, who shall
be elected by the qualified voters of the county of Tattnall,
who shall hold his office for the term of four years, and if
there should be a vacancy in the office of judge, the Governor
shall, by appointment, fill the same until the next general
election, when a judge shall be elected to fill the unexpired
term, which election shall be held under the same rules as
govern other elections and shall serve until the election and
qualification of his successor. The first election for said judge
shall be held at the general election in October, 1910, under
the same rules and regulations governing the election of
members of the General Assembly; and the judge elected
on said date shall go into office on the first day of January,
1911, and hold his office for a period of four years, and until
his successor is elected and qualified. His successor shall
be elected at the general election for members of the General
Assembly every four years thereafter and go into office on
the first day of January after he is elected. Immediately
after this Act is approved by the Governor of this state,
the said Governor shall appoint a judge of said court to serve
from the time of his appointment until the first day of Janu-
ary, 1911. The said appointment shall be with the advice
and consent of the Senate; provided, that the Senate is in
session, and if it is not in session, there shall be a vacation
appointment to hold until the next session of the Senate.
The qualification of said judge shall be that he has been a
practicing attorney for two years and a resident of Tattnall
County for four years immediately preceding his appoint-
ment or election as judge of said court and shall, before
entering upon the discharge of his duties, take and subscribe
the following oath: T do solemnly swear that I will adminis-
ter justice without respect of person, and do equal justice
alike to rich and poor, and that I will faithfully and impar-
tially perform and discharge all duties which may be re-
quired of me as judge of the State Court of Tattnall County
of this state, according to the best of my ability and under-
standing, agreeably to the laws and Constitution of this state
4622 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
and the Constitution of the United States; so help me, God.,
which oath shall be filed with the executive department.
Effective July 1, 1985, the judge of the state court shall re-
ceive an annual salary of not less than $12,000.00 per an-
num, said amount to be determined by the governing author-
ity of Tattnall County, payable in equal monthly in-
stallments from the funds of Tattnall County. The judge
of said court shall receive no other compensation for his
services. He shall not be permitted to practice law in his
own court, but he may practice in any other court. The gov-
erning authority of Tattnall County shall also make availa-
ble to the judge of the state court the sum of not less than
$1,200.00 annually for the purpose of compensating any cler-
ical assistant which the judge of the state court shall appoint
in order to assist him with the performance of his official
duties and the governing authority may from time to time
hereafter fix and determine an allowance for clerical assis-
tance of the judge of the state court.
Section 2. Said Act is further amended by striking subsec-
tion (a) of Section 6 and inserting in lieu thereof a new subsection
(a) to read as follows:
"(a) Effective July 1,1985, the solicitor of the state court
shall receive an annual salary of not less than $12,000.00
per annum, such amount to be determined by the governing
authority of Tattnall County, payable in equal monthly in-
stallments 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 a sum not less than $1,800.00 per annum, such
amount to be fixed by the governing authority for the pur-
pose of compensating any clerical assistant which the solici-
tor of the state court shall appoint in order to assist him
with the performance of his official duties and the governing
authority may from time to time fix and determine any addi-
tional amounts necessary to compensate the clerical assis-
tant of the solicitor of the state court. All fees, fines, forfei-
tures, costs, and commissions formerly allowed the solicitor
of the state court as compensation for his services 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.
GEORGIA LAWS 1985 SESSION
4623
Section 3. This Act shall become effective on July 1, 1985.
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 1985 session of the General Assembly of Georgia a Bill
to amend an Act establishing the State Court of Tattnall County,
approved August 22, 1905, (Georgia Laws 1905, page 335); to
fix the compensation of the Judge and the Solicitor of said Court;
to repeal conflicting laws; and for other purposes.
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 Tattnall Jour-
nal which is the official organ of Tattnall County, on the follow-
ing date: January 17, 1985.
/s/ Clinton Oliver
Representative,
121st District
Sworn to and subscribed before me,
this 4th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 28, 1985.
4624 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
TATTNALL COUNTY BOARD OF COMMISSIONERS;
COMPOSITION; ELECTIONS; POWERS AND DUTIES;
EMPLOYEES; COUNTY ATTORNEY.
No. 432 (House Bill No. 604).
AN ACT
To amend an Act creating a board of commissioners for Tatt-
nall County, approved August 18, 1927 (Ga. L. 1927, p. 674),
as amended, so as to provide for a Board of Commissioners of
Tattnall County; to provide for qualifications; to provide for elec-
tions; to provide for vacancies; to provide for oaths of office; to
provide for bonds; to provide for officers; to provide for meetings;
to provide for a quorum and certain rules of procedure; to pro-
vide for compensation; to provide for powers and duties; to pro-
vide for districts; to provide for certain employees; to provide
for a county attorney; to provide for application; 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 board of commissioners for
Tattnall County, approved August 18,1927 (Ga. L. 1927, p. 674),
as amended, is amended by adding five new sections, to be desig-
nated Sections 1A, IB, 1C, ID, and IE, respectively, to read
as follows:
"Section 1A. (a) Board of commissioners. A Board of
Commissioners of Tattnall County is created to consist of
six members, one of whom shall be chairman and each of
whom shall be elected to office as provided in this section.
Each commissioner shall be a qualified voter and a resident
of Tattnall County for at least one year and shall have re-
sided in the district from which such member is elected for
a period of not less than six months prior to the time that
such member qualifies for election. Each commissioner shall
serve a term of four years and shall be eligible to succeed
in office.
(b) Method of election.
GEORGIA LAWS 1985 SESSION
4625
(1) The chairman of the board shall be elected by
a majority vote of the qualified voters of the entire county
pursuant to Chapter 2 of Title 21 of the O.C.G.A., the
'Georgia Election Code, as amended. The chairman shall
be a resident and qualified voter of Tattnall County and
shall have resided in the county for a period not less
than one year prior to the time that such person qualifies
for election.
(2) The other five commissioners shall qualify for
election in the road district in which such member resides
and shall be elected by a majority vote of the qualified
voters of such road district as the districts are set out
in Section IB. Only residents of a district may vote in
the primary and general elections for candidates for com-
missioners from that district.
(c) Election of commissioners. The six members of the
commission elected pursuant to the special election required
by a consent decree entered October 26, 1984, in the United
States District Court for the Southern District of Georgia
shall serve until their terms expire on December 31, 1988.
Thereafter, all members shall be elected at the general elec-
tion immediately preceding the expiration of their respective
terms of office of four years and until their successors are
elected, qualified, and take office on the first Monday in Janu-
ary immediately following their election.
(d) Vacancies. In the event a vacancy occurs on the
board of commissioners for any reason other than the expira-
tion of the term of office, the vacancy shall be filled in accor-
dance with the provisions of Code Section 36-5-21 of the
O.C.G.A., Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia
Election Code, and the residency requirements set out in
this Act. In the event a member moves such members resi-
dence from the district such member represents, a vacancy
shall exist from such district and shall be filled in the same
manner as other vacancies are filled.
(e) Oath of office. All commissioners, before entering
upon their duties as such, shall take an oath on the faithful
and diligent performance of their duties as commissioners
before the judge of the Probate Court of Tattnall County.
4626 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(f) Bond. Before any commissioner shall qualify and as-
sume any duties of office, such member shall give bond, ap-
proved by the probate judge, in the following amounts and
payable to the probate judge of Tattnall County, Georgia,
for the faithful performance of all duties of commission-
ers:
(1) Chairman of county
commissioners................. $25,000.00
(2) Commissioners..............;.... 10,000.00
All bonds shall be issued by some solvent surety company
authorized to do business in the State of Georgia, and the
premiums for such bonds shall be paid by the county.
(g) Officers. At the first meeting of the board held during
January of each year, or at such other times as vacancies
in office may necessitate, the board shall elect such officers,
other than the chairman, as they deem necessary to serve
for the ensuing calendar year. The chairman shall be entitled
to vote only in cases of a tie. The board is authorized to
employ an administrative assistant to the board who shall
receive such compensation as the board shall fix, serve at
the pleasure of the board, and discharge such duties and
responsibilities as shall be assigned and delegated to such
administrative assistant by the board.
(h) Meetings; quorum; voting. The board shall hold at
least one session on the first Monday in each month in the
courthouse, where the clerk of said board shall keep a regu-
lar office. At the request of a majority of the board, the
chairman may, at any time, call an extra session. Written
notice of such extra sessions shall be served on each member
unless members in attendance waive such notice. The board
shall have the right to adjourn from day to day until they
finish their business. No fewer than four members of said
board shall constitute a quorum for the transaction of busi-
ness on any subject matter, and all questions coming before
the board shall be determined by a majority vote of those
present and voting. The chairman shall be eligible to vote
only in the case of a tie vote.
GEORGIA LAWS 1985 SESSION
4627
(i) Salaries and expenses. Commissioners shall receive
as compensation for their services as commissioners the sum
of $350.00 per month. The chairman shall receive as compen-
sation for his services the sum of $650.00. In addition to
the monthly salaries provided in this subsection, each com-
missioner shall receive an expense supplement in the sum
of $200.00 per month and the chairman shall receive an
expense supplement in the sum of $300.00 per month. The
expense supplement is an addition to all salaries and shall
cover the costs of expenses incurred by said commissioners
during the performance of their duties of office. No other
form of compensation or benefit, either directly or indirectly,
shall be received by a commissioner, including the chairman,
for the performance of his official duties as a county commis-
sioner of Tattnall County.
(j) Duties. It shall be the duty of the commissioners,
among other things, to keep up the roadways within the
county; to provide for fair, equitable, and adequate distribu-
tion of maintenance and repair of roadways among the dis-
tricts, both those existing now and those to exist in the fu-
ture; to provide for the public welfare of the citizens of the
county according to their requirements, from time to time;
to keep accurate and permanent records of county business
and affairs; to keep the courthouse and all county buildings,
offices, and polling places in good repair; to provide for public
health services as are authorized by law and to enforce exist-
ing health codes; to keep the county free of litter, trash,
garbage, and all other forms of environmental pollution; to
fairly and equitably levy and collect such taxes and assess-
ments as are authorized by law; to fairly and equitably allo-
cate the expenditure of taxes collected so that public needs
shall be fairly and equitably addressed; to assist, from time
to time, municipal governments within the county in provid-
ing for essential public services; to abide by all laws and
ordinances respecting the operation of county government
and the performance of commissioners duties and to exercise
only those powers granted in this subsection and by the Con-
stitution and laws of the State of Georgia.
Section IB. (a) Road districts. Tattnall County is di-
vided into five road districts for purposes of identifying the
districts from which commissioners are to be elected and
4628 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
to adequately identify and mark the lines and boundaries
of said districts so that the voters residing in such districts
may properly identify their correct place of voting. The dis-
trict shall be numbered and the boundaries described as
follows:
District 1
Beginning at the point where C.R. 468 intersects the
Tattnall County-Evans County line; southwest along C.R.
468 to C.R. 474; northwest along C.R. 474 to C.R. 167;
southwest along C.R. 167 to C.R. 164; northwest along
C.R. 164 to C.R. 443; west along C.R. 443 to C.R. 165;
southwest along C.R. 165 to the Tattnall County-Toombs
County line (the Ohoopee River); and northwest, easterly,
and southeast along the Tattnall County line to the point
of beginning.
District 2
Beginning at the point where C.R. 468 intersects the
Tattnall County-Evans County line; southwest along C.R.
468 to C.R. 474; northwest along C.R. 474 to C.R. 167;
southwest along C.R. 167 to C.R. 164; northwest along
C.R. 164 to C.R. 443; west along C.R. 443 to C.R. 165;
southwest along C.R. 165 to the Tattnall County-Toombs
County line (the Ohoopee River); southwest along the
Tattnall County line to Georgia 147-178; east and north-
east along Georgia 147 to the Ohoopee River; southeast
along the Ohoopee River to C.R. 196; northeast and north-
west along C.R. 196 into Reidsville (College Avenue) to
Oak Street; southwest along Oak Street to Smith Avenue;
north along Smith Avenue to Brumby Avenue; northeast
along Brumby Avenue to James Street; southeast along
James Street to Coleman Street; northeast along Cole-
man Street to Church Street; southeast along Church
Street to Main Street (Georgia 23-121); north along Main
Street to Brumby Avenue; northeast along Brumby Ave-
nue to Alexander Avenue; southeast along Alexander
Avenue to Lloyd Street; northeast along Lloyd Street
to the Reidsville City Limits; southeast and southwest
along the Reidsville City Limits to Chandler Avenue (C.R.
200); southeast along C.R. 200 to C.R. 476; northeast
GEORGIA LAWS 1985 SESSION
4629
along C.R. 476 to the Tattnall County-Evans County line;
and northwest along the Tattnall County line to the point
of beginning.
District 3
Beginning at the point where C.R. 476 intersects the
Tattnall County-Evans County line; southwest along C.R.
476 to C.R. 235; southwest along C.R. 235 to C.R. 236;
south along C.R. 236 to Georgia 23; southeast along Geor-
gia 23 to Battle Creek; northeast along Battle Creek to
C.R. 257; south and southeast along C.R. 257 to C.R. 284;
southwest along C.R. 284 to C.R. 285; south along C.R.
285 to C.R. 287; southeast along C.R. 287 to Watermelon
Creek; northeast along Watermelon Creek to C.R. 276;
southeast along C.R. 276 to C.R. 288; northeast and north-
west along C.R. 288 to Georgia 169; northeast along Geor-
gia 169 to Georgia 23; southeast along Georgia 23 to C.R.
422; east along C.R. 422 to C.R. 417; north along C.R.
417 to C.R. 413; east along C.R. 413 to C.R. 396; northeast
along C.R. 396 to C.R. 404; northeast, east, and south
along C.R. 404 to C.R. 406; west along C.R. 406 to C.R.
408; south along C.R. 408 to the Glennville City Limits;
east along the Glennville City Limits to U.S. 25-301/
Georgia 73 (Main Street); southwest into Glennville along
Main Street to Barnard Street (Georgia 23-144); south-
east along Barnard Street to Rosemont Street; southwest
along Rosemont Street to the Glennville City Limits;
southwest and northwest along the Glennville City Lim-
its to Main Street (U.S. 25-301/Georgia 23); southwest
along U.S. 25-301/Georgia 23 to C.R. 322; northwest
along C.R. 322 to Mushmelon Creek; southwest along
Mushmelon Creek to C.R. 314; east, northeast, and south-
east along C.R. 314 to C.R. 326; northeast along C.R.
326 to U.S. 25-301/Georgia 23; southeast along U.S. 25-
301/Georgia 23 to the Tattnall County-Long County Line
(Beards Creek); and northeast, west, and northwest along
the Tattnall County line to the point of beginning.
District 4
Beginning at the intersection of Church Street and
Main Street (Georgia 23-121) in Reidsville; north along
4630 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Main Street to Brumby Avenue; northeast along Brumby
Avenue to Alexander Avenue; southeast along Alexander
Avenue to Lloyd Street; northeast along Lloyd Street
to the Reidsville City Limits; southeast and southwest
along the Reidsville City Limits to Chandler Avenue (C.R.
200); southeast along C.R. 200 to C.R. 476; northeast
along C.R. 476 to C.R. 235; southwest along C.R. 235 to
C.R. 236; south along C.R. 236 to Georgia 23; southeast
along Georgia 23 to Battle Creek; northeast along Battle
Creek to C.R. 257; south and southeast along C.R. 257
to C.R. 284; southwest along C.R. 284 to C.R. 285; south
along C.R. 285 to C.R. 287; southeast along C.R. 287 to
Watermelon Creek; northeast along Watermelon Creek
to C.R. 276; southeast along C.R. 276 to C.R. 288; north-
east and northwest along C.R. 288 to Georgia 169; north-
east along Georgia 169 to Georgia 23; southeast along
Georgia 23 to C.R. 422; east along C.R. 422 to C.R. 417;
north along C.R. 417 to C.R. 413; east along C.R. 413
to C.R. 396; northeast along C.R. 396 to C.R. 404; north-
east, east, and south along C.R. 404 to C.R. 406; west
along C.R. 406 to C.R. 408; south along C.R. 408 to the
Glennville City Limits; east along the Glennville City
Limits to U.S. 25-301/Georgia 73 (Main Street); south-
west into Glennville along Main Street to Barnard Street
(Georgia 23-144); northwest along Barnard Street to
Church Street; northeast along Church Street to Mann
Street; northwest along Mann Street to Hencart Road;
southwest along Hencart Road to Barnard Street (Geor-
gia 23-144); northwest along Barnard Street to Loves Cha-
pel Road; northwest along Loves Chapel Road to the
Glennville City Limits; west, southwest, northwest,
southwest, and northwest along the Glennville City Lim-
its to C.R. 418; west along C.R. 418 to C.R. 417; south
along C.R. 417 to Georgia 144; west and southwest along
Georgia 144 to Georgia 121-169; northwest along Georgia
121 to C.R. 277; northeast along C.R. 277 to C.R. 278;
southeast along C.R. 278 to C.R. 279; northeast, east,
and north along C.R. 279 to C.R. 286; southeast along
C.R. 286 to C.R. 283; northeast along C.R. 283 to C.R.
280; northwest along C.R. 280 to C.R. 277; west along
C.R. 277 to C.R. 478; north and northeast along C.R. 478
to C.R. 276; northwest along C.R. 276 to C.R. 269; south-
west, west, and northwest along C.R. 269 to Georgia 121;
GEORGIA LAWS 1985 SESSION
4631
north along Georgia 121 to C.R. 267; west along C.R.
267 to C.R. 264; north, west, northwest, and northeast
along C.R. 264 to C.R. 263; northwest along C.R. 263 to
the eastern branch of Thomas Creek; southwest, north-
west, and southwest along the eastern branch of Thomas
Creek to the main channel of Thomas Creek; north along
the main channel of Thomas Creek to C.R. 259; west
along C.R. 259 to C.R. 196; northeast and northwest along
C.R. 196 into Reidsville (College Avenue) to Oak Street;
southwest along Oak Street to Smith Avenue; north
along Smith Avenue to Brumby Avenue; northeast along
Brumby Avenue to James Street; southeast along James
Street to Coleman Street; northeast along Coleman
Street to Church Street; and southeast along Church
Street to the point of beginning.
District 5
Beginning at the point where Georgia 147-178 crosses
the Tattnall County-Toombs County line; southwest,
southeast, and northeast along the Tattnall County line
to U.S. 25-301/Georgia 23; northwest along U.S. 25-301/
Georgia 23 to C.R. 326; southwest along C.R. 326 to C.R.
314; northwest, southwest, and west along C.R. 314 to
Mushmelon Creek; northeast along Mushmelon Creek
to C.R. 322; southeast along C.R. 322 to U.S. 25-301/Geor-
gia 23; northeast along U.S. 25-301/Georgia 23 to the
Glennville City Limits; southeast and northeast along
the Glennville City Limits to Rosemont Street; northeast
into Glennville along Rosemont Street to Barnard Street
(Georgia 144); northwest along Barnard Street to Church
Street; northeast along Church Street to Mann Street;
northwest along Mann Street to Hencart Road; south-
west along Hencart Road to Barnard Street (Georgia 23-
144); northwest along Barnard Street to Loves Chapel
Road; northwest along Loves Chapel Road to the Glenn-
ville City Limits; west, southwest, northwest, southwest,
and northwest along the Glennville City Limits to C.R.
418; west along C.R. 418 to C.R. 417; south along C.R.
417 to Georgia 144; west and southwest along Georgia
144 to Georgia 121-169; northwest along Georgia 121 to
C.R. 277; northeast along C.R. 277 to C.R. 278; southeast
along C.R. 278 to C.R. 279; northeast, east, and north
4632 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
along C.R. 279 to C.R. 286; southeast along C.R. 286 to
C.R. 283; northeast along C.R. 283 to C.R. 280; northwest
along C.R. 280 to C.R. 277; west along C.R. 277 to C.R.
478; north and northeast along C.R. 478 to C.R. 276;
northwest along C.R. 276 to C.R. 269; southwest, west,
and northwest along C.R. 269 to Georgia 121; north along
Georgia 121 to C.R. 267; west along C.R. 267 to C.R. 264;
north, west, northwest, and northeast along C.R. 264 to
C.R. 263; northwest along C.R. 263 to the eastern branch
of Thomas Creek; southwest, northwest, and southwest
along the eastern branch of Thomas Creek to the main
channel of Thomas Creek; north along the main channel
of Thomas Creek to C.R. 259; west along C.R. 259 to C.R.
196; southwest along C.R. 196 to the Ohoopee River;
northwest along the Ohoopee River to Georgia 147; and
southwest and west along Georgia 147 to the point of
beginning.
(b) New districts. The road districts created and de-
scribed in this section reflect the census count of county
population as compiled by the United States Census Bureau
for the year 1980. Upon completion of future census counts
as done by the United States Census Bureau, the commission-
ers are authorized to make necessary changes and adjust-
ments in the boundaries of the road districts of Tattnall
County so that all road districts are substantially equalized
in population in order to comply with the United States
Constitution and the federal Voting Rights Act of 1965.
Section 1C. (a) County clerk and assistant clerks. The
commissioners shall employ a full-time county clerk and
such assistant clerks as needs require. The commissioners
shall fix their salaries and duties as the business affairs of
the county require. It shall be the duty of the clerk to keep
the business records of the county as well as the official
minutes and records of all resolutions and ordinances; to
manage the day-to-day business affairs of the commissioners
office; to assist the chairman and any commissioner in any
county matter; and to perform such other duties as this Act
or the laws of the State of Georgia require. It shall be the
duty of the county clerk to maintain the business records
of the county in an accurate, current, and permanent state.
Neither the county clerk nor any assistant clerk shall be
a member of the board of commissioners.
GEORGIA LAWS 1985 SESSION
4633
(b) County records. The county clerk shall maintain sep-
arate and distinct record books for the keeping of official
minutes, resolutions and ordinances, county right-of-way
records, and the county road index. The county clerk shall
make all county records available for public inspection upon
request by any resident of the county; provided, however,
that any such inspection shall be permitted at such times
and under such circumstances as shall not interfere with
the normal day-to-day operation of the county commission-
ers office.
Section ID. County employees. The commissioner shall
employ such full-time or part-time personnel as the needs
of the county require and shall fix and determine their sala-
ries consistent with job responsibility and performance re-
quirements. The commissioners are authorized, but not re-
quired, from time to time, to establish pay raises for county
employees and to establish retirement programs for county
employees. Additionally, the commissioners are authorized
to adopt and maintain a comprehensive personnel policy
outlining and governing personnel job classifications, duties,
responsibilities, vacations, holidays, eligibilities for county
benefits, and all other matters pertaining to county employ-
ees.
Section IE. County attorney. The commissioners shall
employ a county attorney to advise and assist the commis-
sioners with the legal affairs of the county and shall fix
such attorneys salary, duties, and responsibilities as they,
in their discretion, shall determine. The county attorney
shall be a resident of Tattnall County and an attorney with
at least five years experience in the practice of law. In addi-
tion, the commissioners may, from time to time, employ an
additional attorney or attorneys to assist the county attorney
in county matters requiring the services of more than one
attorney.
Section 2. The provisions of this Act shall supersede any
contrary provisions of an Act relating to the board of commis-
sioners of Tattnall, approved August 18, 1927 (Ga. L. 1927, p.
674), as amended, which are in effect on the effective date of
this Act.
Section 3. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without his
approval.
4634 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 4. All laws and parts of laws in conflict with this
Act are repealed.
Notice of Local Legislation.
Notice is hereby given that at the January, 1985, session
of the General Assembly of the State of Georgia, a Bill will
be introduced, and passage sought of same, providing for the
number and composition of the Board of Commissioners of Tatt-
nall County, Georgia, providing for the creation of new road
districts for Tattnall County, Georgia; describing the area and
boundaries of said road districts; fixing the duties and responsi-
bilities of office of said Commissioners; providing for new elec-
tions; and for other purposes.
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 Tattnall Jour-
nal which is the official organ of Tattnall County, on the follow-
ing date: January 17, 1985.
/s/ Clinton Oliver
Representative,
121st District
Sworn to and subscribed before me,
this 4th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 28, 1985.
GEORGIA LAWS 1985 SESSION
4635
CITY OF QUITMAN BOARD OF COMMISSIONERS;
COMPOSITION; ELECTIONS; REFERENDUM.
No. 433 (House Bill No. 605).
AN ACT
To amend an Act reincorporating and providing a new char-
ter for the City of Quitman in Brooks County, approved March
3, 1962 (Ga. L. 1962, p. 2894), as amended, particularly by an
Act approved March 13, 1970 (Ga. L. 1970, p. 2655), so as to
change the composition of the municipal governing authority,
known as the board of commissioners for the City of Quitman;
to provide for the manner of election and the terms of service
of the members of the board; to provide districts for the election
of members of the board; to provide for the shortening of the
terms of the current members of the board; to provide for a
referendum election for approval or disapproval of the foregoing;
to provide for municipal polling places; 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 reincorporating and providing a new
charter for the City of Quitman in Brooks County, approved
March 3, 1962 (Ga. L. 1962, p. 2894), as amended, particularly
by an Act approved March 13, 1970 (Ga. L. 1970, p. 2655), is
amended by striking Sections 6 and 7 and inserting in their
place new Sections 6 and 7 to read as follows:
"Section 6. (a) The board of commissioners shall consist
of a chairman and four other members. In order to be eligible
for election as chairman or member of the board, a candidate
shall be a qualified voter of the City of Quitman and shall
have resided in the city for one year next preceding his or
her election.
(b) The chairman of the board may reside anywhere
within the city and shall be elected at large by the voters
of the entire city. Each other commissioner must be a resi-
dent of the commissioner district he or she represents and
shall be elected only by the voters residing within that com-
4636 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
missioner district. Commissioner District No. 1 shall be rep-
resented by Posts No. 1 and 2, and Commissioner District
No. 2 shall be represented by Posts No. 3 and 4. The commis-
sioner districts from and by which members of the board
shall be elected are described in Section 7 of this Act.
(c) The initial members of the board elected under this
section shall be elected at the special election provided for
in subsection (d) of this section. Successors to such initial
members shall be elected as follows: the chairman shall serve
for terms of two years and shall be elected at the regular
municipal election held in 1986, and biennially thereafter;
Posts No. 1 and 3 shall serve for terms of four years and
shall be elected at the regular municipal election held in
1986, and quadrennially thereafter; and Posts No. 2 and 4
shall serve for terms of four years and shall be elected at
the regular municipal election held in 1988, and quadrenni-
ally thereafter. The terms of all members after the initial
members shall begin on the first day of January next follow-
ing their election. All members shall serve for the terms
specified and until their successors are elected and take of-
fice.
(d) The initial members elected under this section shall
be elected at a special election to be held in 1985. The chair-
man and members from Posts No. 1 and 3 shall serve for
terms ending December 31, 1986, and the members from
Posts No. 2 and 4 shall serve for terms ending December
31, 1988. Said special election shall be called by the munici-
pal election superintendent on a day not less than ten and
not more than 20 days after this section becomes effective.
The superintendent shall set the date of the special election
for a day not less than 30 and not more than 40 days after
the date of the call. Except with respect to the terms of
the members elected and the date of the special election,
all provisions of this Act relating to the regular municipal
election shall apply to said special election. The members
elected at the special election shall take office immediately
following their election; and the prior members of the board
shall thereupon cease to hold office.
Section 7. For purposes of electing members of the
board of commissioners, the City of Quitman is divided into
GEORGIA LAWS 1985 SESSION
4637
two commissioner districts. If any part of the city is not
described as included within either district, then such part
of the city shall be included within the commissioner district
which has the least population according to the 1980 decen-
nial census. The two commissioner districts are described
by the following boundaries:
Commissioner District No. 1.
Commencing at the center line of the intersection
of the right of way of North Washington Street and the
northern margin of the city limits of the City of Quitman
and running south down the center line of Washington
Street to the intersection of Courtland Avenue; thence
running east on Courtland Avenue to the intersection
of Courtland Avenue and North Jefferson Street; thence
running south on North Jefferson Street to the intersec-
tion of Davis Street; thence running west on Davis Street
to Culpepper Street; thence running south on Culpepper
Street to Bartow Street; thence running east on Bartow
Street to the intersection of Washington Street; thence
south on Washington Street to the intersection of Stevens
Street; thence west on Stevens Street to the intersection
of Walker Street; thence south on Walker Street to the
intersection of Railroad Street; thence northeast on Rail-
road Street to South Court Street; thence south on South
Court Street to the Seaboard Coastline Railroad right
of way; thence southwest along said right of way to the
city limits; thence run southeasterly along the city limits
of the City of Quitman; thence northeasterly along said
city limits unto the place or point of beginning.
Commissioner District No. 2.
Commencing at the center line of the intersection
of the right of way of North Washington Street and the
northern margin of the city limits of the City of Quitman
and running south down the center line of Washington
Street to the intersection of Courtland Avenue; thence
running east on Courtland Avenue to the intersection
of Courtland Avenue and North Jefferson Street; thence
running south on North Jefferson Street to the intersec-
tion of Davis Street; thence running west on Davis Street
4638 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
to Culpepper Street; thence running south on Culpepper
Street to Bartow Street; thence running east on Bartow
Street to the intersection of Washington Street; thence
south on Washington Street to the intersection of Stevens
Street; thence west on Stevens Street to the interesection
of Walker Street; thence south on Walker Street to the
intersection of Railroad Street; thence northeast on Rail-
road Street to South Court Street; thence south on South
Court Street to the Seaboard Coastline Railroad right
of way; thence southwest along said right of way to the
city limits; thence run northwesterly along the city limits
to the place or point of beginning.
Section 2. Said Act is further amended by striking from
Section 32 the following:
"at the county courthouse in the city,
and inserting in place thereof the following:
"at the county agricultural annex or such other polling
place or polling places as are designated by the board of
commissioners,
so that when so amended said Section 32 shall read as follows:
"Section 32. Where election held; hours; majority re-
quired. All elections shall be held at the county agricultural
annex or such other polling place or polling places as are
designated by the board of commissioners, and the voting
shall be by ballot. The polls shall be opened at 7:00 a.m.
and closed at 7:00 p.m. The candidate receiving a majority
of the votes cast for a particular office in any city election
shall be elected to said office. In the event no candidate for
a particular office receives a majority of the votes cast for
that office, there shall be a runoff election between the two
candidates receiving the highest number of votes. In the
event two candidates receive the same number of votes and
such number of votes is exceeded only by that number re-
ceived by the candidate receiving the highest number of
votes, those two candidates shall have a runoff election on
the seventh day after the date of holding the first election
GEORGIA LAWS 1985 SESSION
4639
in order to see who shall enter the runoff election with the
candidate who received the highest number of votes. In the
event of a tie vote in a runoff election, the same two candi-
dates shall have a second runoff election on the seventh
day following the first runoff election. Except as otherwise
provided herein, a runoff election shall be governed by the
provisions of the Georgia Municipal Election Code.
Section 3. Not less than ten days nor more than 20 days
after the first date on which this Act may lawfully be imple-
mented under the federal Voting Rights Act of 1965, the election
superintendent of the City of Quitman shall issue the call for
an election for the purpose of submitting this Act to the voters
of the City of Quitman. The superintendent shall set the date
of the election for a day not less than 30 nor more than 40
days after the date of 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 of
the election in the official organ of Brooks County. The ballot
shall have printed thereon the following:
"( ) YES Shall the Act be approved which
changes the method of election and
( ) NO terms of the board of commissioners
of the City of Quitman, shortens the
terms of the current members, and
provides for the election of new mem-
bers?
All persons desiring to vote for approval shall vote "Yes
and those persons desiring to vote against approval shall vote
"No. If more than one-half of the votes cast are for approval,
then Section 1 of this Act shall become effective immediately;
otherwise said Section 1 of this Act shall be void.
The expense of the election shall be borne by the City of
Quitman. The election superintendent shall hold and conduct
the election and certify the result thereof to the Secretary of
State.
Section 4. All laws and parts of laws in conflict with this
Act are repealed.
4640 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Notice of Intention to Introduce Local Legislation.
Notice is hereby given of the intention to introduce legisla-
tion in the Georgia General Assembly to amend the Charter
of the City of Quitman to provide for the division of the City
of Quitman into two (2) voting districts and provide for the elec-
tion of two (2) commissioners from each district and the Chair-
man of the Commission to be elected at large from the entire
city. Additionally, said legislation will provide for the terms
of all commissioners to be four (4) years after the initial election
and the Chairman will be elected for two (2) year terms. Addi-
tionally, the voting site would be moved from the County Court-
house to the County Agricultural Annex Building.
Henry Lee Reaves
Representative
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 Free Press
which is the official organ of Brooks County, on the following
date: January 24th, 1985.
/s/ Henry L. Reaves
Representative,
147th District
Sworn to and subscribed before me,
this 31st day of January, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 28, 1985.
GEORGIA LAWS 1985 SESSION
4641
NEWTON COUNTY BOARD OF EDUCATION;
COMPENSATION.
No. 434 (House Bill No. 608).
AN ACT
To amend an Act providing for a new board of education
of Newton County, approved March 31, 1967 (Ga. L. 1967, p.
2405), as amended, particularly by an Act approved March 18,
1980 (Ga. L. 1980, p. 3473), so as to change the compensation
of the chairman and members of that board; to provide an effec-
tive date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act providing for a new board of education
of Newton County, approved March 31, 1967 (Ga. L. 1967, p.
2405), as amended, particularly by an Act approved March 18,
1980 (Ga. L. 1980, p. 3473), is amended by striking from Section
5 the following:
"$100.00,
and inserting in its place the following:
"$250.00,
and by striking from said section the following:
"$200.00,
and inserting in its place the following:
"$250.00,
so that when so amended said section shall read as follows:
"Section 5. At the first meeting of the board, which is
conducted in January of each year, the board shall elect
one of their members as chairman to serve for a term of
4642 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
two years, and such other officers as the board shall deter-
mine. Three members of the board shall constitute a quorum
for the transaction of business. All members of the board
shall be compensated in the amount of $250.00 per month,
and the chairman shall be compensated in the amount of
$250.00 per month. The members and the chairman shall
also receive reimbursement for actual and necessary ex-
penses incurred in carrying out their official duties.
Section 2. This Act shall become effective upon its ap-
proval 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
1985 session of the General Assembly of Georgia a bill to amend
an Act providing for a new Board of Education of Newton
County, approved March 31, 1967 (Ga. L. 1967, p. 2405), as
amended; and for other purposes.
This 21st day of January, 1985.
Honorable Denny Dobbs
Representative,
74th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Denny Dobbs, who, on oath,
deposes and says that he is Representative from the 74th Dis-
trict, and that the attached copy of Notice of Intention to Intro-
duce Local Legislation was published in the Covington News
which is the official organ of Newton County, on the following
date: January 31, 1985.
/s/ Denny Dobbs
Representative,
74th District
GEORGIA LAWS 1985 SESSION
4643
Sworn to and subscribed before me,
this 4th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 28, 1985.
MORGAN COUNTY BOARD OF EDUCATION;
ELECTIONS; SCHOOL SUPERINTENDENT; REFERENDUM.
No. 435 (House Bill No. 611).
AN ACT
To provide for the election of members of the board of educa-
tion of Morgan County; to provide for education districts; to
provide for the manner of electing members of the board; to
provide for qualifications for membership on the board; to pro-
vide for filling 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
that the board shall appoint the school superintendent; to pro-
vide for the compensation of the school superintendent; to pro-
vide for a referendum; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. (a) The board of education of Morgan County
shall consist of five members to be elected in accordance with
the provisions of this Act; provided, however, that until January
1,1989, said board of education shall consist of seven members.
For the purpose of electing such members, Morgan County shall
be divided into five education districts as follows:
4644 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Education District No. 1
Tract 9901
Blocks 315, 316, 321 through 323, 327
through 338, and 340 through 382
Tract 9902
That part of Block 201 within the
City of Madison
Blocks 202 through 206 and 213
through 215
That part of Block 216 within the
City of Madison
Blocks 218 and 261 through 264
That part of Block 270 within the
City of Madison
Education District No. 2
Tract 9901
Blocks 210 through 232 and 325
Tract 9902
Block Group 1
That part of Block 216 outside the
City of Madison
Blocks 220 through 234, 285 through
290, and 410 through 417
Education District No. 3
Tract 9901
Block Group 1
Blocks 201 through 209, 302 through
306, 317 through 320, 324, and 326
Education District No. 4
Tract 9902
Blocks 207 through 212, 219, and 235
through 260
That part of Block 265 within the
City of Madison
Blocks 266 through 269, 273 through
284, 291 through 299, 406 through
GEORGIA LAWS 1985 SESSION
4645
409, 418 through 420, 431 through
437, 444 through 456, and 459
through 472
Education District No. 5
Tract 9901
Blocks 301 and 307 through 314
Tract 9902
Those parts of Blocks 201, 265, and
270 outside the City of Madison
Blocks 271 and 272
Block Group 3
Blocks 401 through 405 and 421
through 430
(b) For the purposes of this section:
(1) The terms "Tract or "Census Tract, "Block
Group, and "Block shall mean and shall describe the
same geographical boundaries as provided in the report
of the Bureau of the Census for the United States decen-
nial 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 bound-
aries of that city as shown on the census maps for the
United States decennial census of 1980 for the State of
Georgia.
(3) Any part of Morgan County which is not included
in any district described in this section shall be included
within that district contiguous to such part which con-
tains the least population according to the United States
decennial census of 1980 for the State of Georgia.
Section 2. Except as otherwise provided in Section 3 of
this Act, each member of the board of education shall be a
resident of the respective education district during the members
term of office, and a candidate for membership on said board
shall have been a resident of the education district for which
the candidate offers for election at least one year prior to the
date of election. Each person offering for election as a member
4646 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
of said board shall specify the education district for which the
person is offering. Each member of the board shall be elected
by a majority vote of the qualified voters voting within each
respective education district. Except for the special election pro-
vided for in subsection (b) of Section 3 of this Act, all members
of said board shall be nominated and elected in accordance with
the provisions of Chapter 2 of Title 21 of the O.C.G.A.,known
as the "Georgia Election Code.
Section 3. (a) With respect to the board of education in
effect on January 20, 1985:
(1) The term of office of Mr. Curtis Bell or any succes-
sor appointed to fill a vacancy created by such member
shall be shortened from March 31, 1987, to December
31, 1986.
(2) The term of office of Mr. Chester Thomas or the
member appointed by the grand jury to succeed Mr. Tho-
mas to fill the unexpired term ending March 31, 1988,
or any successor appointed to fill a vacancy created by
Mr. Thomas or his successor shall be shortened from
March 31, 1988, to December 31, 1986.
(3) The term of office of Ms. Marie B. Martin or any
successor appointed to fill a vacancy created by such
member shall be shortened from March 31, 1989, to De-
cember 31, 1988.
(4) The term of office of Ms. Georgeana Tamplin or
any successor appointed to fill a vacancy created by such
member shall be extended from March 31, 1987, to De-
cember 31, 1988.
(5) The term of office of Mr. Ronnie Stapp or the
member appointed by the grand jury to succeed Mr.
Stapp to serve the four-year term of office commencing
April 1,1986, or any successor appointed to fill a vacancy
created by Mr. Stapp or his successor shall be shortened
from March 31, 1990, to December 31, 1988.
(6) The term of office of Mr. Taylor Holloman, Jr.,
or the member appointed by the grand jury to succeed
GEORGIA LAWS 1985 SESSION
4647
Mr. Holloman to serve the four-year term of office com-
mencing April 1, 1986, or any successor appointed to
fill a vacancy created by Mr. Holloman or his successor
shall be shortened from March 31, 1990, to December
31, 1988.
(7) The term of office of Mr. Eugene Ruark or the
member appointed by the grand jury to succeed Mr.
Ruark to serve the four-year term of office commencing
April 1,1985, or any successor appointed to fill a vacancy
created by Mr. Ruark or his successor shall be shortened
from March 31, 1989, to December 31, 1988.
(b) The first members of the board elected from Education
Districts 4 and 5 shall be elected at a special election which
shall be held on the same date as the general election of 1986.
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. The members
elected at such special election shall take office on the first day
of January, 1987, for terms of four years and until their succes-
sors are elected and qualified. Thereafter, their successors shall
be elected at the general election immediately preceding the
expiration of the terms of office and shall take office on the
first day of January immediately following the election for terms
of four years and until their successors are elected and quali-
fied.
(c) For the period beginning January 1, 1987, and ending
December 31, 1988, the board of education of Morgan County
shall be composed of the two members elected from Education
Districts 4 and 5 pursuant to subsection (b) of this section and
the five remaining incumbent members provided for in para-
graphs (3) through (7) of subsection (a) of this section.
(d) The first members elected from Education Districts 1,
2, and 3 shall be elected at the 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 at the general elec-
tion immediately preceding the expiration of the terms of office
and shall take office on the first day Of January immediately
4648 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
following the election for terms of four years and until their
successors are elected and qualified.
(e) On and after January 1, 1989, the board of education
of Morgan County shall be composed of the members elected
from the five education districts.
Section 4. A vacancy which occurs in the membership of
the board by death, resignation, removal from the education
district, or for any other reason shall be filled by the remaining
members of the board electing a successor to serve for the un-
expired term. A person elected by the board to fill a vacancy
shall meet the residency requirements for the education district
wherein the vacancy occurred.
Section 5. The board of education of Morgan County pro-
vided for by this Act shall be subject to all constitutional and
statutory provisions of this state relative to county boards of
education and the members thereof, except as otherwise pro-
vided by this Act.
Section 6. At the first regular meeting in January, 1987,
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 7. (a) The term of office of the superintendent of
schools for the Morgan County School District in office on the
effective date of this Act shall expire on December 31, 1988.
Thereafter, the board of education shall appoint the superinten-
dent of schools for the Morgan County School District; provided,
however, that, if a vacancy occurs in the office of superintendent
of schools prior to December 31, 1988, the board of education
shall appoint a successor to serve for the unexpired term ending
December 31, 1988.
(b) Except as provided in subsection (a) of this section, 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.
GEORGIA LAWS 1985 SESSION
4649
Section 8. 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 Morgan County to issue the call for
an election for the purpose of submitting this Act to the electors
of the Morgan 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 1986. The superin-
tendent shall issue the call for said election at least 29 but
not more than 45 days prior to the date thereof. The superinten-
dent shall cause the date and purpose of the election to be pub-
lished once a week for two weeks immediately preceding the
date thereof in the official organ of Morgan County. The ballot
shall have written or printed thereon the words:
"( ) YES Shall the Act providing for the elec-
tion of the members of the board of ed-
( ) NO ucation of Morgan County from edu-
cation districts and the appointment
of the school superintendent be ap-
proved?
All persons desiring to vote for approval of the Act shall
vote "Yes, and those persons desiring to vote for rejection of
the Act shall vote "No. If more than one-half of the votes cast
on such question are for approval of the Act, it shall become
of full force and effect; otherwise it shall be void and of no
force and effect.
The expense of such election shall be borne by Morgan
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.
Notice is given that there will be introduced at the regular
1985 session of the General Assembly of Georgia a bill relative
to the selection of the Board of Education of Morgan County
and the Superintendent of Schools in Morgan County and pro-
viding for other matters relating thereto; and for other purposes.
This 28th day of January, 1985.
4650 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
/s/ Frank Stancil
Representative,
66th District
5-8CBE
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Frank E. Stancil, 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: January 31, 1985.
/s/ Frank E. Stancil
Representative,
66th District
Sworn to and subscribed before me,
this 4th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 28, 1985.
CHEROKEE COUNTY BUSINESS AND OCCUPATIONAL
LICENSE TAXES.
No. 436 (House Bill No. 616).
AN ACT
To authorize the governing authority of Cherokee County
to impose business and occupational license taxes and license
GEORGIA LAWS 1985 SESSION
4651
fees upon persons, firms, and corporations doing business in
the unincorporated area of the county; to authorize the govern-
ing authority of Cherokee County to exercise police powers over
such persons, firms, and corporations; to provide exceptions; 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) The governing authority of Cherokee County
is authorized to levy, assess, and collect business and occupa-
tional license taxes and license fees from all persons, firms,
and corporations doing business in the unincorporated area of
Cherokee 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 un-
der 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 authoriz-
ing 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 re-
lates.
(c) The governing authority of Cherokee County is author-
ized 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 Cherokee County is author-
ized to enact ordinances for the enforcement of this Act and
for the exercise of police powers over all businesses subject to
the imposition of taxes or fees under this Act and to provide
for the punishment of violations of such ordinances.
4652 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Notice of Intent to Introduce Local Legislation.
Notice is hereby given that legislation will be introduced
in the 1985 Georgia General Assembly to permit the County
Commissioner to issue business or operations licenses in Cher-
okee County.
The Local Delegation
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, W. G. Hasty, who, on oath,
deposes and says that he 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 23, 1985.
/s/ W. G. Hasty
Representative,
8th District
Sworn to and subscribed before me,
this 5th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 28, 1985.
GEORGIA LAWS 1985 SESSION
4653
COBB COUNTY BOARD OF ELECTIONS AND
REGISTRATION; CREATED.
No. 437 (House Bill No. 623)>
AN ACT
To create a board of elections and registration in Cobb
County; to provide for the powers and duties of the board; to
provide for the appointment of the members of the board; to
provide for qualifications of members; to provide for the filling
of vacancies; to provide for an election supervisor and other
employees of the board; to provide for the compensation of mem-
bers of the board, the election supervisor, and the employees;
to provide for the organization, meetings, and procedures of
the board; to provide for the selection of a chairman of the
board; to provide for facilities, equipment, and supplies; to pro-
vide for the duties of the election supervisor; to provide for
contracts with certain municipalities; to transfer duties and
powers; to abolish the board of registrars; to repeal conflicting
laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. (a) Pursuant to the authorization contained in
Code Section 21-2-40 of the O.C.G.A., there is created the Cobb
County Board of Elections and Registration.
(b) The board shall be empowered with all the powers and
duties relating to the conduct of elections as election superinten-
dents as provided in Title 21 of the O.C.G.A. and shall be empow-
ered with all the powers and duties relating to the registration
of voters and absentee balloting procedures as boards of regis-
trars as provided in Title 21 of the O.C.G.A.
(c) This Act is intended to implement the provisions of Code
Section 21-2-40 of the O.C.G.A. and shall be construed liberally
so as to effectuate that purpose.
Section 2. (a) The board shall be composed of five members,
each of whom shall be an elector and a resident of Cobb County.
4654 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(b) One member shall be appointed by the chairman of the
county executive committee of the political party whose candi-
dates received the largest number of votes in this state for mem-
bers of the General Assembly at the last preceding general elec-
tion; one member shall be appointed by the chairman of the
county executive committee of the political party whose candi-
dates received the next largest number of votes in this state
for members of the General Assembly at the last preceding gen-
eral election; one member shall be appointed by the chairman
of the county governing authority; and two members, one of
whom shall reside in the portion of Cobb County included within
House District No. 20 and one of whom shall reside in the portion
of Cobb County included within House District No. 21, shall
be appointed by the members of the General Assembly who
represent all or any portion of Cobb County. The initial member
appointed by the chairman of the governing authority and the
initial members appointed by the members of the General As-
sembly representing Cobb County shall serve for terms of four
years and until their successors are appointed and qualified.
The initial members appointed by the chairman of the executive
committees of the political parties shall serve for terms of two
years and until their successors are appointed and qualified.
Thereafter, all members of the board of elections and registra-
tion shall be appointed for terms of four years and until their
successors are appointed and qualified.
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. The appointment of each member shall be made
by the respective appointing authority 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 certi-
fying 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 Secretary of State and
shall provide for the issuance of appropriate commissions to
GEORGIA LAWS 1985 SESSION
4655
the members and chairman 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 for one term and shall have the right to resign
at any time by giving written notice of his resignation to the
respective appointing authority and to the clerk of the superior
court. Each member of the board shall be subject to removal
from the board at any time, for cause after notice and hearing,
and 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 member before the expiration of his term by removal, death,
resignation, or otherwise, the respective appointing authority
shall appoint a successor to serve the remainder of the unexpired
term. 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 1,1985. 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. (a) The board of elections and registration shall
employ a full-time election supervisor to administer and super-
vise the conduct of elections and primaries and the registration
of electors of the county and such other employees as the govern-
ing authority of Cobb County shall approve. The board of elec-
tions and registration shall appoint the election supervisor who
shall serve for a period of four years and until his successor
is appointed and qualified. The election supervisor shall be sub-
ject to removal from the board at any time for cause, after
notice and a hearing, and in the same manner and by the same
authority as provided for the removal of registrars.
(b) The board shall act within 60 days of its members taking
office under this Act to retain or appoint an election supervisor,
who shall be hired by the board from a job description drawn
by said board. The current election administrator shall act as
4656 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
election supervisor until an election supervisor is retained or
appointed as provided in this section.
(c) The compensation of the chairman and other members
of the board of elections and registration, clerical assistants,
and other employees of the board shall be as fixed by the govern-
ing authority of the county. Such compensation shall be paid
from county funds.
(d) The election supervisor and other employees of the
board shall receive such compensation as the governing author-
ity of Cobb County shall determine.
(e) The governing authority of Cobb County shall provide
proper and suitable office space, equipment, and supplies. Com-
pensation provided for in this section shall be paid from county
funds.
Section 9. (a) The election supervisor shall generally su-
pervise, direct, and control the administration of the affairs of
the board of elections and registration pursuant to law and duly
adopted resolutions of the board.
(b) The board shall be authorized and empowered to orga-
nize itself, elect its officers, determine its procedural rules and
regulations, adopt bylaws, specify the functions and duties of
its employees, and otherwise take such action as is appropriate
to the management of the affairs committed to its supervision;
provided, however, that no such action shall conflict with state
law. Action and decision by the board shall be by a majority
of the members of the board. The first chairman of the board
of elections and registration shall be the first member of the
board appointed by the chairman of the governing authority;
thereafter, the board shall elect one of its members to serve
as chairman at the pleasure of the board.
(c) The board shall fix and establish by appropriate resolu-
tion entered on its minutes directives governing the execution
of matters within its jurisdiction. The board shall hold regular
monthly meetings. Any special called meetings shall be called
by the chairman or any three members. The board shall main-
tain a written record of policy decisions that shall be amended
GEORGIA LAWS 1985 SESSION
4657
to include additions or deletions. Such written record shall be
made available for the public to review.
Section 10. The board of elections and registration shall
have the authority to contract with any municipality located
within Cobb County for the holding by the board of any primary
or election to be conducted within the municipality.
Section 11. Effective July iJ 1985, the superintendent and
the board of registrars in Cobb County shall be relieved of all
powers and duties to which the board of elections and registra-
tion succeeds by the provisions of this Act and shall deliver to
the board all equipment, supplies, materials, books, papers,
records, and facilities pertaining to such powers and duties. At
such time, the board of registrars in Cobb County shall stand
abolished.
Section 12. All laws and parts of laws in conflict with this
Act are repealed.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular
1985 session of the General Assembly of Georgia a bill to create
a board of elections and registration in Cobb County; to provide
for all matters relative to such board and its employees; to trans-
fer duties and powers; to abolish the board of registrars; and
for other purposes.
This 16 day of January, 1985.
/s/ Johnny Isakson
Honorable Johnny Isakson
Representative,
21st District
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
4658 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Journal which is the official organ of Cobb County, on the follow-
ing date: January 18, 1985.
/s/ Johnny Isakson
Representative,
21st District
Sworn to and subscribed before me,
this 23rd day of January, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 28, 1985.
CHATHAM COUNTY RECORDERS COURT; LOCAL
CONSTITUTIONAL AMENDMENT CONTINUED.
No. 438 (House Bill No. 626).
AN ACT
To continue in force and effect as a part of the Constitution
of the State of Georgia that constitutional amendment which
was proposed by Resolution Act No. 236 of the 1972 General
Assembly and which was duly ratified at the 1972 general elec-
tion (Ga. L. 1972, p. 1493) and which relates to creation of the
current Recorders Court of Chatham County and its jurisdiction
in incorporated and unincorporated areas of Chatham County;
to provide the authority for this Act; to repeal conflicting laws;
and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
GEORGIA LAWS 1985 SESSION
4659
Section 1. That constitutional amendment which was pro-
posed by Resolution Act No. 236 of the 1972 General Assembly
and which was duly ratified at the 1972 general election (Ga.
L. 1972, p. 1493) and which relates to creation of the current
Recorders Court of Chatham County and its jurisdiction in in-
corporated and unincorporated areas of Chatham County shall
not be repealed or deleted on July 1, 1987, as a part of the
Constitution of the State of Georgia but is specifically continued
in force and effect on and after that date as a part of the Constitu-
tion of the State of Georgia.
Section 2. This Act is passed pursuant to Article XI, Sec-
tion I, Paragraph IV of the Constitution of the State of Georgia
which authorizes the continuation of certain amendments to
the Constitution.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Notice is given that there will be introduced at the regular
1985 session of the General Assembly of Georgia a bill to con-
tinue to force and effect as a part of the Constitution of Georgia
that constitutional amendment which was proposed by Resolu-
tion Act No. 236 of the 1972 General Assembly and which was
duly ratified at the 1972 general election (Ga. L. 1972, p. 1493)
and which relates to creation of the current Recorders Court
of Chatham County and its jurisdiction in incorporated and
unincorporated areas of Chatham County; to provide the author-
ity to this Act; to provide for related matters; and for other
purposes.
This 14th day of January, 1985.
Roy Allen
Representative,
127th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Roy L. Allen, who, on oath,
deposes and says that he is Representative from the 127th Dis-
trict, and that the attached copy of Notice of Intention to Intro-
duce Local Legislation was published in the Georgia Gazette
4660 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
which is the official organ of Chatham County, on the following
date: January 17, 1985.
/s/ Roy L. Allen
Representative,
127th District
Sworn to and subscribed before me,
this 5th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 28, 1985.
CITY OF ATLANTA PARK IMPROVEMENT TAX LEVY.
No. 439 (House Bill No. 634).
AN ACT
To amend an Act reincorporating the City of Atlanta in
the Counties of Fulton and DeKalb, and creating a new charter
for said city, approved March 16, 1973 (Ga. L. 1973, p. 2188),
as amended, so as to provide for additional purposes for which
the authorized one-half mill park improvement levy may be
used; to provide an effective date; to repeal conflicting laws;
and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act reincorporating the City of Atlanta in
the Counties of Fulton and DeKalb, and creating a new charter
for said city, approved March 16, 1973 (Ga. L. 1973, p. 2188),
GEORGIA LAWS 1985 SESSION
4661
as amended, is amended by striking subsections (b) and (c) of
Section 6-101 and substituting in lieu thereof new subsections
(b) and (c), respectively, to read as follows:
"(b) For the purpose of raising revenue for permanent
improvements in the parks of the city, and other purposes
hereinafter set forth, the governing body shall have full
power and authority and it shall provide by ordinance for
the assessment, levy and collection of an ad valorem tax
on all real and personal property, which, under the laws
of this state, is subject to taxation within the corporate limits
of the city, one-half mill on each dollar of assessed valuation
thereon, which tax, when collected, shall be used exclusively
for permanent improvements of the zoo, Cyclorama, golf
courses, recreational and other park facilities of the city
and for other purposes hereinafter set forth. In the event
that any part of the tax so collected cannot be used in any
one (1) year, it may be invested in short term securities
until such time as such improvements or other authorized
expenditures may be made or converted into a trust fund
to be held and expended for such purposes in future years.
The tax provided for herein shall be, in addition to all other
taxes, authorized by this charter.
(c) The tax authorized by subsection (b) for permanent
improvements in the parks of the city and other purposes
shall be used exclusively for the following purposes: Perma-
nent improvements of the zoo, Cyclorama, golf courses, recre-
ational facilities and other park facilities of the city, con-
struction of a stadium and related facilities in the city,
payment of obligations assumed by the city in connection
with the construction of or renovation of a zoo, and payment
of debt incurred in connection with the renovation and main-
tenance of the Cyclorama facilities of the City, or for the
purposes of paying in whole, or in part, the obligation as-
sumed by the City by contract now or hereafter entered
into with any authority now in existence or hereafter created
which has agreed to construct a stadium, zoo and related
facilities in the City.
Section 2. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without his
approval.
4662 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Notice of Intention to Apply For Local Legislation.
Notice is hereby given that the City of Atlanta, the Atlanta
Board of Education and the Atlanta Independent Public School
System as a part of Such City, intend to apply for the passage
of local legislation at the 1985 Session of the General Assembly
of Georgia, which convenes on Monday, January 14, 1985, to
amend the Charter of the City of Atlanta, including the laws
applicable to the Atlanta Board of Education and the Atlanta
Independent Public School System, the title of such bill or bills
to be as follows:
"An Act to amend an Act reincorporating the City of
Atlanta in the Counties of Fulton and DeKalb, creating a new
Charter for such City and for other purposes, approved March
16, 1973 (Ga. L. 1973, p. 2188), as amended, and for other pur-
poses; and/or "An Act to amend an Act to reorganize the Board
of Education of the City of Atlanta; to create a new structure
for the Atlanta School System; to provide for the officials and
employees of the Atlanta School System; and for other purposes,
approved March 16, 1973 (Ga. L. 1973, p. 2167), as amended,
and for other purposes.
This 16th day of January, 1985.
William M. (Bill) Alexander
Legislative Coordinator
City of Atlanta
Tom Keating
Legislative Coordinator
Atlanta Board of Education
Atlanta Independent
School System
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, John Greer, who, on oath,
deposes and says that he is Representative from the 39th Dis-
trict, and that the attached copy of Notice of Intention to Intro-
duce Local Legislation was published in the Fulton County Daily
Report which is the official organ of Fulton County, on the follow-
ing date: January 16, 1985.
GEORGIA LAWS 1985 SESSION
4663
/s/ John Greer
Representative,
39th District
Sworn to and subscribed before me,
this 5th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 28, 1985.
CHEROKEE JUDICIAL CIRCUIT JUDGES; SALARY
SUPPLEMENT.
No. 440 (House Bill No. 635).
AN ACT
To amend an Act providing a supplement to the salary of
the judge of the Superior Court of the Cherokee Judicial Circuit,
approved March 22, 1963 (Ga. L. 1963, p. 182), as amended, so
as to change the supplementary compensation to be paid to
each judge of the superior courts of the Cherokee Judicial Cir-
cuit; to provide 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 supplement to the salary
of the judge of the Superior Court of the Cherokee Judicial
Circuit, approved March 22, 1963 (Ga. L. 1963, p. 182), as
amended, is amended by striking from Section 9 of said Act
the following:
4664 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
"The judge of the Superior Court of the Cherokee Judicial
Circuit shall receive in addition to the compensation and
allowances paid to the judges of the superior courts in this
State, the sum of two thousand dollars ($2,000.00) per an-
num, payable monthly.,
and inserting in its place the following:
"The judges of the Superior Court of the Cherokee Judi-
cial Circuit shall receive in addition to the compensation
and allowances paid to the judges of the superior courts in
this state, the sum of $7,500.00 per annum, payable
monthly.
Section 2. This Act shall become effective upon its ap-
proval 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.
Notice is given that a local bill will be introduced at the
regular 1985 session of the General Assembly to amend an Act
providing a supplement to the Judge of the Superior Court of
the Cherokee Judicial Circuit, approved March 22, 1963 (Ga.
L. 1963 p. 183), as amended so as to change the amount of the
supplementary compensation to be paid to each judge of the
Superior Court of the Cherokee Judicial Circuit.
This 28th day of January, 1985.
J. C. Maddox
Representative,
7 th 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 which
GEORGIA LAWS 1985 SESSION
4665
is the official organ of Gordon County, on the following date:
January 30, 1985.
/s/ J. C. Maddox
Representative,
7th District
Sworn to and subscribed before me,
this 8th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Notice of Intention to Introduce Local Legislation.
Notice is given that a local bill will be introduced at the
regular 1985 Session of the General Assembly of Georgia to
amend an Act providing a supplement to the judge of the Supe-
rior Court of the Cherokee Judicial Circuit, approved March
22, 1963 (Ga. L. 1963, p. 182), as amended; so as to change the
amount of supplemental compensation to be paid to each judge
of the Superior Court of the Cherokee Judicial Circuit.
This 28th day of January, 1985.
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 Herald Tribune which
is the official organ of Bartow County, on the following date:
January 31, 1985.
/s/ J. C. Maddox
Representative,
7th District
4666 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 8th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 28, 1985.
CITY OF FAIRMOUNT CITY COUNCIL; ELECTIONS;
TERMS.
No. 441 (House Bill No. 636).
AN ACT
To amend an Act creating a new charter for the City of
Fairmount, Georgia, approved April 17, 1975 (Ga. L. 1975, p.
3136), so as to change the provisions relating to the terms of
the members of the city council; to provide for the election of
the members of the city council from at-large posts; to provide
for staggered terms; to provide for all 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 gg An Act creating a new charter for the City of
Fairmount, Georgia, approved April 17, 1975 (Ga. L. 1975, p.
3136), is amended by striking Section 2.11 of said Act in its
entirety and inserting in lieu thereof a new Section 2.11 to read
as follows:
"Section 2.11. The mayor and council members in office
on the effective date of this Act shall continue to serve out
the term of office to which elected. The mayor and council
members shall be elected from the city at large. The mayor
GEORGIA LAWS 1985 SESSION
4667
shall serve for a term of two years and until his successor
is elected and qualified. There shall be four council posts
designated as Posts 1, 2, 3, and 4. In all elections held by
the city for the purpose of selecting new members of the
city council, candidates must declare by number the post
on the city council which they are offering to fill. The candi-
date receiving a majority of the votes cast for each respective
position shall be elected to the city council to fill that particu-
lar vacancy on the council. At the municipal elections held
in 1985, those persons elected to Posts 1 and 3 shall be elected
for terms of two years, and those persons elected to Posts
2 and 4 shall be elected for four years. Thereafter, all mem-
bers of the council shall be elected for and shall serve terms
of four years and until their respective successors are elected
and qualified. No person shall be eligible to serve as mayor
or councilman unless he has been a resident of the City of
Fairmount for a period of one year immediately prior to
the date of election of mayor or members of the council,
continues to reside therein during his period of service, is
registered and qualified to vote in municipal elections of
the City of Fairmount, and meets the qualification standards
required for members of the Georgia House of Representa-
tives, as are now or may in the future be prescribed by the
Georgia Constitution.
Section 2. This Act shall become effective upon its ap-
proval 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.
Notice is given that a local bill will be introduced at the
regular 1985 session of the General Assembly to amend the
charter of the City of Fairmount, approved April 17, 1975 (Ga.
L. 1975, p. 3136), to change to terms and procedures for the
election of the city council; and for other purposes.
This 28th day of January, 1985.
J. C. Maddox
Representative,
7th District
4668 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, J. C. Maddox, who, on oath,
deposes and says that he is Representative from the 7th District,
and that the attached copy of Notice of Intention to Introduce
Local Legislation was published in the Calhoun Times which
is the official organ of Gordon County, on the following date:
January 30, 1985.
/s/ J. C. Maddox
Representative,
7th District
Sworn to and subscribed before me,
this 5th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 28, 1985.
ROCKDALE COUNTY BOARD OF COMMISSIONERS;
COMPENSATION.
No. 442 (House Bill No. 657).
AN ACT
To amend an Act creating a board of commissioners for Rock-
dale County, approved March 4, 1977 (Ga. L. 1977, p. 2817),
as amended, so as to change the compensation of the chairman
and the other members of the board of commissioners; to provide
an effective date; to repeal conflicting laws; and for other pur-
poses.
GEORGIA LAWS 1985 SESSION
4669
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, 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 re-
ceive an annual salary for services as same equal to 14 per-
cent of the base salary of a superior court judge as set forth
in Code Section 45-7-4 of the O.C.G.A., as now or hereafter
amended. The chairman shall receive an annual salary for
services as same equal to 69 percent of the base salary of
a superior court judge as set forth in Code Section 45-7-4
of the O.C.G.A., as now or hereafter amended. The base sal-
ary of a superior court judge shall mean that salary paid
from state funds and shall not include any county supple-
ment or expense reimbursements. The salary of the chair-
man and commissioners shall be paid in equal monthly in-
stallments paid out of the county treasury upon warrants
drawn upon the county treasury. Except as otherwise pro-
vided by subsections (b) and (c) of this section, the salary
so fixed shall constitute the entire compensation from all
public sources to which said chairman and other commission-
ers shall be entitled. The chairman and other commissioners
shall not be entitled to any further compensation for serv-
ing on any other boards or authorities by virtue of their
office.
Section 2. This Act shall become effective on the first day
of the month following the month in which it is approved by
the Governor or in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular
1985 session of the General Assembly of Georgia a bill amending
an Act creating a board of commissioners for Rockdale County,
4670 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
approved March 4, 1977 (Ga. L. 1977, p. 2817), as amended;
and for other purposes.
This 18th day of January, 1985.
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 Citi-
zen which is the official organ of Rockdale County, on the follow-
ing date: January 24, 1985.
/s/ Troy A. Athon
Representative,
57th District
Sworn to and subscribed before me,
this 4th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 28, 1985.
GEORGIA LAWS 1985 SESSION
4671
ROCKDALE COUNTY CLERK OF THE SUPERIOR COURT;
COMPENSATION.
No. 443 (House Bill No. 663).
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, so as to change the compensa-
tion 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 fixing the compensation of the clerk
of the Superior Court of Rockdale County, approved March 4,
1969 (Ga. L. 1969, p. 2176), 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 clerk of the Superior Court of Rockdale
County shall receive an annual salary equal to 49 percent
of the base salary of a superior court judge as set forth in
Code Section 45-7-4 of the O.C.G.A., as now or hereafter
amended. The base salary of a superior court judge shall
mean that salary paid from state funds and shall not include
any county supplement or expense reimbursements. The sal-
ary shall be payable in equal monthly installments from
the funds of Rockdale County. The clerk shall also be autho-
rized to participate in the Group Retirement Program and
the Group Hospitalization Benefit Program on the same ba-
sis as other officers and employees of Rockdale County if
he meets the normal eligibility requirements of the pro-
grams.
Section 2. This Act shall become effective on the first day
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.
4672 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
1985 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; and for other purposes.
This 18th day of January, 1985.
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 Citi-
zen which is the official organ of Rockdale County, on the follow-
ing date: January 24, 1985.
/s/ Troy A. Athon
Representative,
57th District
Sworn to and subscribed before me,
this 4th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 28, 1985.
GEORGIA LAWS 1985 SESSION
4673
STATE COURT OF STEPHENS COUNTY RE-CREATED.
No. 444 (House Bill No. 671).
AN ACT
To continue and re-create the State Court of Stephens
County; to specify the location of the court; to provide jurisdic-
tion of the court; to provide for jury trial under certain circum-
stances; 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 Stephens County;
to provide for institution of criminal cases; to provide for appeal;
to provide for selection and number of jurors; to provide for
selection of a judge and a solicitor of the court; to provide for
qualifications, duties, and compensation of such officers; to pro-
vide 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 of the superior court and the sheriff of
Stephens County shall serve as clerk and sheriff; to provide
for an official stenographer; to provide for other matters relative
to the foregoing; to repeal specific laws; to provide an effective
date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Continuance and re-creation of court. There is
continued and re-created the State Court of Stephens County
which shall have the power, jurisdiction, and method of proce-
dure provided in this Act.
Section 2. Location of court. The State Court of Stephens
County shall be located in the City of Toccoa in Stephens County
and shall have territorial jurisdiction coextensive with the limits
of said county.
Section 3. Jurisdiction; demand for jury trial, (a) The State
Court of Stephens County shall have jurisdiction as provided
by Chapter 7 of Title 15 of the O.C.G.A., or as otherwise provided
by general law for state courts.
4674 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(b) In all criminal cases, the judge of such court shall be
the judge of both questions of fact and law unless the person
subject to be tried, before pleading to the charge against him,
or the state shall demand a jury trial. The purpose of this subsec-
tion is to eliminate trial by jury unless demanded by the person
charged or by the state. Upon either such timely demand being
made in writing, such person shall be tried by a jury as is here-
inafter provided.
(c) In all civil cases, the judge shall be the judge of all
questions of fact and law unless either party to such proceedings
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. Practice and procedure. The State Court of Ste-
phens County shall have such rules of practice and procedure
as provided by Chapter 7 of Title 15 of the O.C.G.A., or as other-
wise provided by general law for state courts.
Section 5. Terms of court. The State Court of Stephens
County shall have quarterly terms which shall begin on the
fourth Monday in February, May, August, and November of
each year, 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 holi-
day. The court shall be open at all times 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.
All terms of the court shall be held at the courthouse in the
City of Toccoa in Stephens County and shall last until the busi-
ness is disposed of, unless sooner adjourned for good cause. The
judge of the court may hold adjourned terms and may also, in
his discretion, set cases for trial at convenient times, and the
same may be tried as of the term, whether the court has been
held from day to day until said time or not.
Section 6. Costs. In all civil and criminal proceedings in
the State Court of Stephens County, the costs and fees shall
be the same as in the Superior Court of Stephens County.
GEORGIA LAWS 1985 SESSION
4675
Section 7. Bailiffs. The judge of the State Court of Stephens
County shall be authorized to appoint, at each term of the court,
such number of bailiffs as he may deem necessary.
Section 8. Institution of criminal cases. All prosecutions,
except for traffic offenses, in criminal cases instituted in the
State Court of Stephens 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. The
prosecution of traffic offenses may be by way of written accusa-
tion or as provided by Chapter 13 of Title 40 of the O.C.G.A.,
or as otherwise provided by general law.
Section 9. Appellate review. Any case tried in the State
Court of Stephens 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 applicable to cases in the superior court.
Section 10. Juries, (a) The clerk of the State Court of Ste-
phens County shall prepare a jury list and jury box for the
court which shall contain the names of all the grand and petit
jurors of the county appearing from time to time on the jury
list of the superior court of the county, from which jurors shall
be drawn, selected, chosen, and summoned for service in the
State Court of Stephens County in the same manner as is done
in the superior court. Jurors in the State Court of Stephens
County shall receive the same per diem amount as compensation
for service therein as in the Superior Court of Stephens County
and shall be paid by Stephens County in the same manner and
out of like funds as jurors are paid in the superior court.
(b) The jury for the trial of all civil and criminal cases
tried in the State Court of Stephens 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 cases, the plaintiff shall have the first strike and the
parties or their attorneys shall strike alternately until there
4676 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
are only six jurors left. In all criminal matters being tried by
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 11. Judge; election; qualifications; partial prohi-
bition on practice of law; salary, (a) There shall be a judge of
the State Court of Stephens County who shall be elected by
the qualified voters of Stephens County 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., or as otherwise provided
for the election of state court judges by general law; provided,
however, that the judge serving on June 30,1985, shall continue
to serve as judge of the State Court of Stephens County until
the expiration of the term of office for which said judge was
elected.
(b) The judge of said court shall have such qualifications
and shall be subject to such restrictions and discipline as pro-
vided in Chapter 7 of Title 15 of the O.C.G.A., or as otherwise
provided by general law for state court judges. He shall be vested
with all the power and authority of judges of the superior court
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 a part-time judge 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.
(d) The judge shall be paid a salary of $15,000.00 per an-
num, payable monthly out of the funds of Stephens County.
The salary of such judge shall be an expense of said court.
Section 12. Disqualification or illness of judge. Either of
the judges of the Superior Court of Stephens County shall have
authority to act as judge of the State Court of Stephens County
in any cause whenever the judge of the state court is disqualified
from presiding, or is unable to preside due to illness.
Section 13. Solicitor; election; qualifications; partial pro-
hibition on practice of law; duties; salary, (a) There shall be
GEORGIA LAWS 1985 SESSION
4677
a solicitor of the State Court of Stephens County who shall be
elected by the qualified voters of Stephens County and who 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., or as other-
wise provided for the election of state court solicitors by general
law; provided, however, that the solicitor serving on June 30,
1985, continue to serve as solicitor of the State Court of Stephens
County until the expiration of the term of office for which said
solicitor was elected.
Ob) The solicitor shall have such qualifications as provided
by Chapter 7 of Title 15 of the O.C.G.A., or as otherwise provided
for state court solicitors by general law.
(c) The solicitor shall be a part-time solicitor and may en-
gage in the private practice of law but may not practice in
his own court or appear in any matter as to which he has exer-
cised any jurisdiction.
(d) The solicitor shall represent the state and shall prose-
cute all criminal cases in the State Court of Stephens County
and such criminal cases as shall be carried to the appellate
courts of Georgia.
(e) The solicitor shall be paid a salary of $15,000.00 per
annum, payable monthly out of the funds of Stephens County.
The salary of such solicitor shall be an expense of said court.
Section 14. Solicitor pro tempore; appointment by judge.
In the absence of the solicitor of the State Court of Stephens
County for any reason, the judge may appoint a solicitor pro
tempore, who shall have the same authority while so acting
as said solicitor, and shall be paid from the solicitors salary
such reasonable amount for the service as the solicitor of said
court shall determine.
Section 15. Clerk and sheriff of superior court as clerk
and sheriff of state court. The clerk of the Superior Court of
Stephens County shall be, by virtue of his office, the clerk of
the State Court of Stephens County, and the sheriff of said
county shall likewise be the sheriff of the 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
4678 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 Stephens
County in like manner as such items in the superior court.
Section 16. Board of Commissioners to provide courtroom.
The Board of Commissioners of Stephens County shall provide
a suitable place in the Stephens County courthouse for the hold-
ing of the State Court of Stephens County.
Section 17. Official stenographer; appointment by judge.
The judge of the State Court of Stephens County may appoint
an official stenographer for the 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 18. Transfer of criminal action from superior
court. Any criminal case pending in the Superior Court of Ste-
phens County of which the State Court of Stephens County has
jurisdiction under this Act may be transferred by the judge of
the Superior Court to the State Court of Stephens County and
shall thereafter stand for trial in said court as though originally
filed therein.
Section 19. Transfer of civil action from superior court.
Any case of a civil nature pending in the Superior Court of
Stephens County of which the State Court of Stephens County
has jurisdiction under this Act may be transferred by the judge
of the superior court to the State Court of Stephens County
by consent of counsel of all parties and shall thereafter stand
for trial in said court as though originally filed therein.
Section 20. Disposition of costs, fines, and forfeitures. All
costs, fines, and forfeitures of the court shall be collected by
the clerk thereof; and, after the payment of such portion thereof
as required by state law for retirement funds, peace officer train-
ing funds, the law library, and other such mandated payments,
the clerk shall pay the balance thereof into the treasury of
Stephens County. The clerk of the court shall keep a detailed
record of all costs, fines, and forfeitures collected in the court
and the disposition made thereof, which shall be subject to in-
spection and audit at any time. The clerk shall prepare his
GEORGIA LAWS 1985 SESSION
4679
settlement and shall pay out all costs, fines, and forfeitures
on a periodic basis, but not less often than quarterly.
Section 21. Argument of counsel; limitation. Argument in
all cases in the State Court of Stephens County shall be limited
to one-half hour on each side except by leave of the court.
Section 22. Pending proceedings. With respect to any mat-
ter or proceeding pending before the State Court of Stephens
County on June 30, 1985, such matter or proceeding shall con-
tinue as if this Act had not become effective and shall in no
manner be terminated, abated, or otherwise adversely or preju-
dicially affected as a result of this Act becoming effective.
Section 23. Specific repealer. An Act to establish the State
Court of Stephens County, approved February 22, 1937 (Ga. L.
1937, p. 1214), as amended by an Act approved March 23, 1937
(Ga. L. 1937, p. 1230), an Act approved December 14, 1937
(Ga. L. 1937-38, Ex. Sess., p. 747), an Act approved January
30, 1946 (Ga. L. 1946, p. 285), an Act approved February 25,
1949 (Ga. L. 1949, p. 1596), an Act approved March 17, 1958
(Ga. L. 1958, p. 2701), an Act approved April 10, 1968 (Ga. L.
1968, p. 3546), an Act approved April 13, 1970 (Ga. L. 1970,
p. 2668), an Act approved March 31,1971 (Ga. L. 1971, p. 2731),
an Act approved March 13, 1978 (Ga. L. 1978, p. 3156), an Act
approved April 6, 1981 (Ga. L. 1981, p. 3632), and an Act ap-
proved April 6, 1981 (Ga. L. 1981, p. 3635), is repealed in its
entirety.
Section 24. Effective date. This Act shall become effective
on July 1, 1985.
Section 25. 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 1985 Session of the General Assembly of Georgia a bill
to continue and recreate the State Court of Stephens 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
4680 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
matters from the Superior Court of Stephens County; to provide
for institution of criminal cases; to provide for appeals; to pro-
vide for selection and number of jurors; to provide for selection
of a judge and a solicitor of the Court; to provide for qualifica-
tions, duties and compensation of such officers; to provide restric-
tions on such officers with regard to engaging in the active prac-
tice 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 Stephens County shall serve as the 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.
This 21st day of January, 1985.
Jeanette Jamieson
State Representative,
11th District, Post 2
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Mary Jeanette Jamieson,
who, on oath, deposes and says that she is Representative from
the 11th District, and that the attached copy of Notice of Inten-
tion to Introduce Local Legislation was published in the Toccoa
Record which is the official organ of Stephens County, on the
following date: January 24, 1985.
/s/ Mary Jeanette Jamieson
Representative,
11th District
Sworn to and subscribed before me,
this 5th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 28, 1985.
GEORGIA LAWS 1985 SESSION
4681
SCHLEY COUNTY AIRPORT AUTHORITY CREATED.
No. 445 (House Bill No. 682).
AN ACT
To create the Schley County Airport Authority; to declare
the need for the airport authority; to declare the purposes and
objectives of this Act; to define certain terms; to provide for
the membership of the authority; to provide for the terms of
office of the members; to provide for the election of officers,
quorum, bylaws, procedures, and meetings; to provide for com-
pensation of members; to provide for filling vacancies; to provide
for removal of members; to provide for the appointment, com-
pensation of an executive director, treasurer, and other adminis-
trative officers and employees of the authority; to provide that
no member or officer or employee of the authority shall have
any financial dealings with the authority; to provide that any
member or officer or employee having financial dealings with
the authority shall be subject to removal; to provide for the
powers of the authority; to define the types of activity in which
the authority is prohibited from engaging, and otherwise to re-
strict the powers of the authority; to provide for the execution
of contracts, leases, and other legal documents; to provide for
the issuance and validation of revenue bonds; to provide for
the location of the authority; to provide for the replacement
of lost or mutilated bonds; to provide that such bonds may be
secured by a trust indenture; to provide for additional powers
relative to the issuance of revenue bonds and security for such
bonds; to provide for the protection of interests of bondholders;
to exempt the bonds and interest therefrom from taxation; to
provide that such bonds may be used as lawful deposits of securi-
ties for public officers; to provide that the property of the author-
ity shall be deemed to be public property; to provide for the
transfer of airports and related facilities from municipalities
and counties to the authority; to provide that conveyances and
transfers shall be accomplished so as to protect interest of bond-
holders and others affected thereby; to provide that airports
acquired by the authority shall be subject to the control of the
authority; to provide that the powers of the authority shall be
limited to airports; to provide that the funds of the authority
shall be used only for airports; to provide for publication of
4682 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
financial data; to provide for fire and emergency medical protec-
tion; to provide for maintenance of roads, taxiways, and run-
ways; to provide for transfer of federal funds; to provide for
immunity from liability; to provide for immunity from taxation;
to provide for rights of personnel; to provide for dissolution;
to provide for lease of certain lands; to provide for service of
process; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Creation of authority. There is created the
Schley County Airport Authority which is hereinafter referred
to in this Act as the "authority. The authority created shall
be an instrumentality and political subdivision of the State of
Georgia and a public corporation. The authority may contract
and be contracted with, sue and be sued, plead and be impleaded,
and complain and defend in all courts of law and equity only
as hereinafter set out. The authority may exercise the powers
set out in this Act at any place within Schley County and any
contiguous land outside the county which is used for airport
purposes as provided herein.
Section 2. Determination of need for the authority. It is
determined and declared that the present and projected rapid
growth in commercial and private air traffic in the Schley
County area, the need for adequate airports to serve safely and
efficiently the air transportation needs of the state and the
county through its metropolitan areas, the need to eliminate
airport hazards, the need to raise large amounts of capital for
the establishment, operation, and maintenance of present and
future airports, and the need to coordinate the operation of
various airports within certain metropolitan areas of the state.
It is further determined and declared that the establishment
of such authority is necessary and essential to ensure the wel-
fare, safety, and convenience of citizens of the entire state and
to ensure the proper economic development of the entire state.
Section 3. Declaration of purposes. The purposes and objec-
tives of this Act and the authority created hereunder shall be
to meet the needs and requirements recognized in Section 2
of this Act through the establishment, maintenance, and opera-
tion of unified and coordinated airport systems in the Schley
GEORGIA LAWS 1985 SESSION
4683
County area, to ensure the orderly and proper use and growth
of public airports; to ensure that the maximum public benefit
is obtained from any public airports presently in existence and
future airports; to ensure proper planning and establishment
of airports needed in the future; to ensure the maximum partici-
pation of this state in national and international programs of
air transportation; to promote public transportation and com-
merce, and all of this to the end of providing the most effective
and economical use of public airports for the public welfare,
safety, and convenience.
Section 4. Definitions. As used in this Act, unless the con-
text in which they are used requires otherwise, the following
terms shall have the following meanings.
(a) The term "airport means:
(1) Any area of land or water or any structure which
is or has been used, or which the authority may plan
to use for the landing and taking off of commercial, pri-
vate, and military aircraft, including helicopters, and all
buildings, equipment, facilities, or other property and
improvements of any kind or nature located within the
bounds of any such land or water area or structure;
(2) Facilities of any type for the accommodation of
passengers, maintenance, servicing, and operation of air-
craft, business offices and facilities of private businesses
and governmental agencies, parking of automobiles, and
all other activities which are or have been carried on
or which may be necessary or convenient in conjunction
with the landing and taking off of commercial, private,
and military aircraft; and
(3) All buildings, equipment, facilities, and other
property and improvements of any kind or nature located
outside the bounds of any such land or water area or
structure which is or has been used or which the author-
ity plans to use for the landing and taking off of commer-
cial, private, and military aircraft which are necessary
for the safe operation of aircraft, including without limi-
tation aviation easements and other real or personal
property.
4684 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
0)) The term "airport hazard means any structure, ter-
rain, or object of natural growth, or use thereof, which obstructs
the airspace required for the flight, landing, or taking off of
aircraft to or from an airport, or any other thing that is hazard-
ous to the flight, landing, or taking off of aircraft to or from
an airport.
(c) The term "county means Schley County.
Section 5. Members of the authority. The authority shall
be composed of five members appointed by the governing author-
ity of Schley County. The authority shall be composed of five
posts.
Section 6. Terms. The initial terms of members of the au-
thority shall be as follows:
Post No. 1 ending December 31, 1986.
Post No. 2 ending December 31, 1987.
Post No. 3 ending December 31, 1988.
Post No. 4 ending December 31, 1989.
Post No. 5 ending December 31, 1990.
Thereafter all members shall be appointed for terms of five
years each and until their successors are appointed.
Section 7. Election of officers, quorum, bylaws, procedures,
and meetings. After the appointment of all members, the full
membership of the authority shall meet as soon as practicable
and shall elect one of its members as chairman and one as
vice-chairman, each of whom shall continue as voting members
in such positions for the succeeding year and until their succes-
sors are elected. Thereafter, a chairman and a vice-chairman
shall be elected in the same manner each year to serve for
the succeeding year and until their successors are elected. The
chairman shall preside at meetings of the authority and the
vice-chairman shall preside in his absence, and they shall have
GEORGIA LAWS 1985 SESSION
4685
such other powers, duties, and responsibilities as are set out
elsewhere in this Act and in the bylaws of the authority. The
authority shall also designate a secretary to keep the minutes
and records of the authority. A majority of the members of
the authority shall constitute a quorum. A majority of the quo-
rum may exercise any and all powers of the authority. The
authority shall, as soon as practicable, adopt its own bylaws,
rules of procedure, and rules of conduct of its business. The
authority shall meet at least once a month and at such other
times as it may deem necessary.
Section 8. Compensation of members. The members shall
receive no compensation but shall be reimbursed from the funds
of the authority for reasonable and necessary expenses incurred
in pursuing the business of the authority.
Section 9. Vacancies in authority. Should an appointed
member vacate his office either by resignation, death, change
of residence, or removal as provided in Section 10 of this Act
or for any other reason, the governing authority of the county
shall, as soon as practicable, appoint another member as a mem-
ber of the authority to complete the unexpired term.
Section 10. Removal of members. Any member may be
removed from office for good cause affecting his ability to per-
form his duties as a member, for misfeasance, malfeasance, or
nonfeasance in office, or for violating the conflict of interests
provisions of this Act, by vote of three of the other members,
but only after a public hearing at which such member is given
the right to present evidence in his own behalf and only upon
a finding by three of the other members that good cause for
removal affecting the members ability to perform his duties
as a member exists, that he was guilty of misfeasance, malfea-
sance, or nonfeasance in office, or that he violated the conflict
of interest provisions of this Act.
Section 11. Executive director, treasurer, and other ad-
ministrative officers and employees. The authority may appoint
and fix the compensation of an executive director, under such
terms and conditions as it deems appropriate. The executive
director shall be the chief executive and operating officer of
4686 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
the authority. Under the supervision of the authority, he shall
be responsible for the operation, management, and promotion
of all activities with which the authority is charged under this
Act, together with such other duties as may be prescribed by
the authority; and he shall have such powers as are necessarily
incident to the performance of his duties and such others as
may be granted by the authority. Additionally, the authority
may in a like manner appoint and fix the compensation of a
treasurer who shall have custody of all moneys, funds, notes,
bonds, and other securities as the authority may prescribe. The
authority may also authorize and employ such other administra-
tive officers and employees under such terms and conditions
as it shall consider necessary and appropriate to effectuate its
purposes under this Act.
Section 12. Conflicts of interest. No member of the author-
ity or officer or employee thereof shall have a financial interest,
direct or indirect, in any contract with the authority, or be
financially interested, directly or indirectly, in the sale to the
authority of any lands, material, supplies, or services, except
on behalf of the authority as a member, officer, or employee
thereof. Any violation of this provision by a member of this
authority shall be grounds for removal pursuant to Section 10
of this Act. Any violation of this provision by the executive
director or any officer or employee of the authority shall be
grounds for removal by the authority.
Section 13. Powers of the authority, (a) The authority shall
possess, subject to the conditions and limitations set out else-
where in this Act, all the powers necessary or convenient for
it to accomplish the purposes of this Act, including the following
specific powers, which shall not be construed as a limitation
upon the general or other specific powers conferred in this Act:
(1) To adopt a seal to be used for the authentication
of legal documents, obligations, contracts, and other in-
struments and to alter same at its pleasure;
(2) To acquire by purchase, lease, gift, or otherwise
and to hold, lease, sell, use, and dispose of real and per-
sonal property of every kind and character or any inter-
est therein;
GEORGIA LAWS 1985 SESSION
4687
(3) To request the county to exercise the power of
eminent domain to acquire any private real property
or any rights or interests therein including any ease-
ments, as necessary or convenient for the accomplish-
ment of the purposes of this Act, including the elimina-
tion of airport hazards, in accordance with the provisions
of any and all existing laws applicable to the exercise
of such power. The authority shall pay for any property
condemned under this power from its own funds and
in proceedings to condemn pursuant to this section, the
court having jurisdiction of the suit, action, or proceeding
may enter such orders regarding the payment for such
property or interest therein as may be fair and just to
the county, the authority, and the owners of the property
being condemned. Any such procedure may suggest the
method of payment by the authority to persons who shall
own or have an interest in the property;
(4) To appoint, select, and contract for the services
of engineers, architects, building contractors, accoun-
tants and other fiscal agents, attorneys and such other
persons, firms, or corporations as are necessary to accom-
plish the purposes of this Act, for such fees or compensa-
tion and under such terms and conditions as it deems
appropriate;
(5) To plan, acquire, establish, develop, construct,
enlarge, improve, maintain, equip, and lease all airports
which shall come under its control under the provisions
of this Act or which it may acquire or plan to acquire;
to regulate, protect, and police such airports and all re-
lated activities and facilities; to enter into any contracts,
leases, or other agreements, promulgate any orders, set
any tolls, fees, or other charges for the use of its property
or services and collect and use same as necessary to oper-
ate the airports under its control and to accomplish any
purposes of this Act; and to make any purchases or sales
necessary for such purposes;
(6) To contract with any persons, firms, or public
or private corporations to supply goods, commodities, fa-
cilities, and services to the public, employees of the au-
thority, and employees of air carriers and other commer-
cial interests located at any airport under its control
4688 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
under such terms and conditions as it may prescribe in-
cluding, if desirable, exclusive rights, franchises, or con-
cessions;
(7) To adopt and enforce reasonable rules and regu-
lations for the orderly, safe, efficient, and sanitary opera-
tion of airports and related facilities under its control;
to provide its own security force and peace officers with
powers of arrest or to arrange for such security force
or peace officers in connection with any municipality or
the county; and to prescribe reasonable penalties for the
breach of any rule or regulation. All such rules, regula-
tions, or orders shall become effective upon approval by
the authority and after publication of a notice containing
a substantive statement of the rule or regulation and
the penalty for violation thereof in a newspaper of gen-
eral circulation of all counties in which rules and regula-
tions are to be applied. The notice shall state that the
breach of the rule or regulation will subject the violator
to the penalty and shall state that the full text of all
rules and regulations shall be maintained in the princi-
pal office of the authority where same will be open to
public inspection and perusal. All rules and regulations
shall in fact be so maintained. Said rules and regulations,
when promulgated as provided herein shall be judicially
recognized by and enforceable in the court of any munici-
pality or the county in which airports under the control
of the authority are located and having jurisdiction over
the place where any violation occurs;
(8) To provide its own fire protection and crash and
rescue services or to arrange for such services in connec-
tion with any federal, state, municipal, or county agency
or any private firm in the business of providing such
services;
(9) To make application directly or indirectly to any
federal, state, county, or municipal government or
agency or to any other source, public or private, for loans,
grants, guarantees, or other financial assistance in aid
of airports under its control and to accept and use same
upon such terms and conditions as are prescribed by the
federal, state, county, or municipal government or
agency or other source;
GEORGIA LAWS 1985 SESSION
4689
(10) - To enter into agreements with the state, any
subdivision thereof, or any county or municipality or the
federal government or any agency thereof to use in the
performance of its functions the facilities or the services
of the state or such subdivision or such county or munici-
pality or the federal government or any agency thereof
in order to accomplish the purposes of this Act;
(11) To borrow money to accomplish its purposes
and execute evidences of indebtedness therefor and se-
cure such indebtedness in such manner as the authority
may provide by its resolution authorizing such indebted-
ness to be incurred; provided that the authority shall
not pledge to the payment of such indebtedness revenue
pledged to the payment of any other indebtedness then
outstanding or encumber property in violation of the
terms of any existing contract, agreement, or trust inden-
ture securing existing indebtedness;
(12) To issue negotiable bonds, including revenue
and refunding bonds, under such terms and conditions
as it deems appropriate and to provide for the payment
of same and for the rights of the holders therefor;
(13) To enter into any financial arrangements what-
soever necessary to accomplish the purposes of this Act
not expressly prohibited by law;
(14) To sell, lease, or otherwise dispose of surplus
personal property and to sell, lease, or otherwise dispose
of land and any improvements thereon acquired by the
authority which the authority may determine is no
longer required to accomplish the purposes of this Act,
including property which is suitable for industrial devel-
opment. Any such property may be sold, leased, or other-
wise disposed of upon such terms and conditions as may
be provided by resolution of the authority. The proceeds
of any such sale may be used by the authority to accom-
plish any of the purposes of this Act;
(15) To determine what usage may be made of air-
ports and to determine what classes of aircraft may use
particular airports in order to derive the maximum pub-
lic benefit from all airports;
4690 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(16) To exercise each and every power that any mu-
nicipality or any county could exercise, under laws exist-
ing at the time this Act becomes law, over airports owned
or operated by any municipality or any county;
(17) To enter into contracts, leases, or other agree-
ments with federally certificated air carriers, other com-
mercial air carriers, and other commercial users of its
airports for the use of such airports under such terms
and conditions as it deems appropriate and for such
charges, rentals, and fees as it deems appropriate;
(18) To enter into such agreement with any munici-
pality or the county presently operating airports of which
the authority may subsequently assume control with re-
spect to the manner of transfer of airport employees from
any municipality and the county to the authority as the
authority deems necessary and appropriate;
(19) To establish a plan of civil service for officers
and employees of the authority or to provide by resolu-
tion that such officers and employees of the authority
shall be covered under any state, county, or municipal
civil service plan which is available to such employees
under the laws of the state or any county or municipality;
and
(20) To establish a plan for retirement, disability,
hospitalization, and death benefits for officers and em-
ployees of the authority or to provide by resolution that
such officers and employees shall be covered under any
state, county, or municipal plan available to them under
the laws of the state or any county or municipality.
(b) Notwithstanding any other provision of this Act to the
contrary, the authority shall not:
(1) Own or maintain aircraft or perform mainte-
nance on aircraft owned by others;
(2) Engage in flight instruction, flight charter, or
other aircraft for hire business; or
(3) Perform maintenance on radios, propellers, or
other aircraft accessories.
GEORGIA LAWS 1985 SESSION
4691
Section 14.. Execution of contracts, leases, and other legal
instruments. Any and all contracts, leases, obligations, agree-
ments, and other legal instruments of the authority shall be
approved by resolution of the authority and shall be executed
by those individuals designated in such resolution or in the
absence of such designation by the chairman or vice-chairman.
Nothing in this provision shall prohibit general resolutions au-
thorizing the executive director or other officers, agents, or em-
ployees to execute such contracts, leases, or other legal docu-
ments as the authority may prescribe.
Section 15. Revenue bonds. The authority shall have the
power and is authorized, at one time or from time to time as
it deems necessary to accomplish the purpose of this Act, to
issue revenue bonds pursuant to the "Revenue Bond Law, Arti-
cle 3 of Chapter 82 of Title 36 of the O.C.G.A. The authority
is determined to be a "governmental body within the meaning
of that law and is authorized to utilize any and all procedures
set out herein, and to exercise any and all powers of a "govern-
mental body thereunder. The members of the authority shall
constitute the "governing body as that term is used therein.
Nothing in this section shall be construed so as to limit the
power of the authority to issue any bonds other than under
the "Revenue Bond Law which it may legally issue pursuant
to Section 13 of this Act.
Section 16. Validation of revenue bonds; location of au-
thority. For purposes of validation of bonds under the Revenue
Bond Law, the authority shall be considered to be located in
Schley County.
Section 17. Replacement of lost or mutilated bonds. The
authority may provide for the replacement of any bonds issued
by it which shall be mutilated or destroyed.
Section 18. Bonds; trust indenture as security, (a) In the
discretion of the authority, any issue of bonds pursuant to this
Act may be secured by a trust indenture by and between the
authority and a corporate trustee, which may be any trust com-
pany or bank having the powers of a trust company within or
outside the state. Such trust indenture may pledge or assign
fees, tolls, revenues, and earnings to be received by the author-
ity, including the proceeds derived from the sale from time to
4692 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
time of any surplus real or personal property of the authority.
The resolution providing for the issuance of such bonds or the
trust indenture may contain such provisions for protecting and
enforcing the rights and remedies of the bondholders as may
be reasonable and proper and not in violation of law, including
covenants setting forth the duties of the authority in relation
to the acquisition of property; the construction of airports; the
maintenance, operation, repair, and insurance of property; and
the custody, safeguarding, and application of all moneys of the
authority. Such resolution or trust indenture may also:
(1) Provide that any project shall be constructed and
paid for under the supervision and approval of consulting
engineers or architects satisfactory to the trustee or to
the bondholders;
(2) Require that the security given by any contracts
and by any depository of the proceeds of the bonds or
revenues or other moneys be satisfactory to such trustee
or bondholders; or
(3) Contain provisions concerning the conditions, if
any, upon which additional revenue bonds may be issued.
(b) It shall be lawful for any bank or trust company incorpo-
rated under the laws of this state to act as such depository
and to furnish such security as may be required by the authority.
Such resolution or trust indenture may set forth rights and
remedies of the bondholders and of the trustees and may restrict
the individual right of action of bondholders as is customary
in trust indentures securing bonds and debentures of corpora-
tions. In addition to the foregoing, such resolution or trust inden-
ture may contain such other provisions as the authority may
deem reasonable and proper for the security of the bondholders.
All expenses incurred in connection with any such trust inden-
ture may be treated as operating expenses of the authority.
Section 19. Revenue bonds; additional powers as to secu-
rity. In addition to other powers granted in this Act as to the
issuance of revenue bonds and security for such bond, the au-
thority shall have the power to enter into any financial and
contractual arrangements with users of its airports, including
GEORGIA LAWS 1985 SESSION
4693
commercial air carriers, which it deems appropriate in order
to provide security to bondholders; and for such purposes the
authority may also enter into joint agreements, arrangements,
or trust indentures with such users and a trustee or trustees
under any trust indenture authorized under Section 18 of this
Act in order that funds may be procured to accomplish the
purposes of this Act at the least possible cost to the authority.
Section 20. Revenue bonds; interest of bondholders pro-
tected. While any of the bonds issued by the authority remain
outstanding, the powers, duties, or existence of the authority
or of its officers, employees, or agents shall not be diminished
or impaired in any manner that will adversely affect the interest
and rights of the holders of such bonds; and no other entity,
department, agency, or authority will be created which will com-
pete with the authority to such an extent as to adversely affect
the interest and rights of the holders of such bonds.
Section 21. Revenue bonds; exemption from taxation. All
revenue bonds issued under the provisions of this Act are de-
clared to be issued for an essential public and governmental
purpose and the said bonds and the income therefrom shall
be exempt from all taxation within the state.
Section 22. Bonds as legal investments for trustees and
as lawful deposits of securities with public officers. Any bonds
issued by the authority under the provisions of this Act are
made securities in which all public officers and bodies of this
state, all municipalities, all municipal subdivisions, all insur-
ance companies and associations and other persons carrying
on an insurance business, all banks, bankers, trust companies,
savings banks, savings associations, investment companies and
other persons carrying on a banking business, all administra-
tors, guardians, executors, trustees and other fiduciaries, and
all other persons who are now or may hereafter be authorized
to invest in bonds or other obligations of the state may properly
and legally invest funds including capital in their control or
belonging to them. The bonds are also made securities which
may be deposited with and shall be received by all public officers
and bodies of this state and all municipalities and municipal
subdivisions for any purpose for which the deposit of the bonds
or other obligations of this state is now or may hereafter be
authorized.
4694 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 23. Property of authority deemed to be public prop-
erty. It is declared that all property of the authority, held pur-
suant to the terms of this Act, whether real or personal, tangible
or intangible, and of any kind or nature and any income or
revenue therefrom, is held for an essential public and govern-
mental purpose, and all such property is deemed to be public
property.
Section 24. Transfer of airports and related facilities from
municipalities and counties to authority; public necessity. The
authority may by resolution, at such times as it shall deem
appropriate, determine what public airports within its territo-
rial jurisdiction as set out in Section 1 of this Act are necessary
to accomplish the purposes of this Act, and may inform the
local government owning such airport of such determinations
and the proper officials or officers of the local government may
convey by deed all of their interest in real property and any
other property making up such airports to the authority for a
nominal consideration. It is declared that the conveyance of
such property is necessary and essential in order to accomplish
the purposes of this Act so as to secure the public welfare, safety,
and convenience.
Section 25. Transfer of contracts to authority. Upon con-
veyance of airports to the authority pursuant to Section 24 of
this Act, all contracts, commitments, leases, and other obliga-
tions of the local government formerly owning the airport in
respect to such airport shall be transferred to the authority;
and the authority shall stand in the place of the local govern-
ment for the purposes of such contracts, commitments, leases
or other obligations, subject to the provisions of Section 26 of
this Act.
Section 26. Conveyances and transfers pursuant to Sec-
tions 24 and 25 to be accomplished so as to protect interests
of bondholders and others affected thereby. The conveyance of
airports and related facilities by local governments to the au-
thority pursuant to Section 24 of this Act, and the transfer of
contracts, commitments, leases, and any other obligations to
the authority from any local government pursuant to Section
25 of this Act shall be accomplished under such terms and condi-
GEORGIA LAWS 1985 SESSION
4695
tions as may be necessary to protect the interest of bondholders
of any local government affected by such conveyances and trans-
fers and other parties affected thereby. Transfers may be condi-
tioned so as to protect such interests; and the authority and
any local government may enter into any agreements with each
other or other parties necessary to protect such interests.
Section 27. Airports subject to control of authority. All
airports acquired by the authority pursuant to this Act or ac-
quired by the authority in any legal manner and any other
property held by the authority, shall be under the control of
the authority; and the authority shall have the right to exercise
any and all of the powers set out in this Act in regard thereto.
Section 28. Powers of authority limited to airports. All
of the powers, general and specific, granted to the authority
pursuant to this Act shall be exercised only in regard to airports.
The authority shall not have the power to plan, construct, fi-
nance, operate, or maintain any facilities other than airports
and related facilities. However, nothing in this section shall
be construed to prohibit the authority from cooperating with
other federal, state, county, or municipal governmental agencies
or public corporations in order to coordinate other types of facili-
ties with airports under its control, or purchasing, selling, ex-
changing, or otherwise acquiring any property from or with
same.
Section 29. Funds of authority to be used only for airports.
The funds of the authority, from whatever source derived, shall
be used only in support of airports as defined in Section 4 of
this Act, but nothing in this section shall prohibit the authority
from making any and all expenditures of any kind or nature
necessary to support airports.
Section 30. Publication of financial report and budget. The
authority shall, at least annually, publish, in the legal newspa-
per of Schley County, a statement of sources and expenditures
of funds for the previous year and the proposed budget for the
following year.
Section 31. Immunity from liability. The authority shall
have the same immunity and exemption from liability from
4696 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
torts and negligence as the State of Georgia; and the members,
officers, agents, and employees of the authority in performance
of the work of the authority shall have the same immunity
and exemption from liability from torts and negligence as the
officers, agents, and employees of the State of Georgia when
in performance of their public duties or work of the state. The
authority may be sued in the same manner as private corpora-
tions on any contractual obligation of the authority.
Section 32. Taxation of the authority. The property, obli-
gations, and interest on the obligations of the authority shall
have the same immunity from taxation as the property, obliga-
tions, and interest on the obligations of Schley County. The
exemption from taxation herein provided shall not extend to
tenants or lessees of the authority.
Section 33. Dissolution. In the event of dissolution of the
authority, all property, real and personal, tangible and intangi-
ble, shall revert to, and be the property of, the county, subject,
however, to all rights and encumbrances thereon; and the
county, by acceptance thereof, shall fulfill all obligations of the
authority.
Section 34. Principal office of authority; service of process.
The principal office of the authority shall be in Schley County.
Service of process on the authority may be had upon the execu-
tive director or other officers of the authority as in the case of
private corporations incorporated or domesticated under the
laws of this state.
Section 35. General repealer. All laws and parts of laws
in conflict with this Act are repealed.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular
1985 session of the General Assembly of Georgia a bill to create
the Schley County Airport Authority for the purpose of provid-
ing airport facilities for the Schley County area; to provide for
the powers, duties, and management of the authority; to provide
for the issuance of debt by the authority; to authorize contracts,
GEORGIA LAWS 1985 SESSION
4697
agreements, and relations between the authority and other gov-
ernmental units; to provide for membership of the authority;
to provide for all related matters; and for other purposes.
This 21st day of January, 1985.
Ward Edwards
Legislative,
District 112
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 Schley County, on the following
date: January 31, 1985.
/s/ Ward Edwards
Representative,
112th District
Sworn to and subscribed before me,
this 6th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 28, 1985.
4698 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CITY OF KINGSLAND CITY MANAGER.
No. 446 (House Bill No. 691).
AN ACT
To amend an Act incorporating the City of Kingsland, ap-
proved August 15, 1927 (Ga. L. 1927, p. 1241), as amended, so
as to create the office of city manager; to prescribe the qualifica-
tions, powers, duties, and responsibilities of the city manager;
to provide limitations on the council; to provide for other matters
relative thereto; to repeal conflicting laws; and for other pur-
poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act incorporating the City of Kingsland,
approved August 15, 1927 (Ga. L. 1927, p. 1241), as amended,
is amended by adding between Section 1 and Section 2 a new
Section 1.1 to read as follows:
"Section 1.1. (a) A city manager shall be appointed by
a majority vote of all council members for a term set by
contract with the city manager.
(b) The city manager shall be chosen solely on the basis
of executive, administrative, and managerial qualifications
with special reference to actual experience in or knowledge
of accepted practices with respect to the duties of the office
set forth in this section. At the time of appointment, he or
she need not be a resident of the city or the state, but during
the tenure of office he or she shall reside within the geograph-
ical limits of the 1606th District G. M., Camden County,
Georgia.
(c) No council member shall receive this appointment
during the term for which the member was elected nor
within one year after the expiration of that term.
GEORGIA LAWS 1985 SESSION
4699
(d) The council may remove the city manager by such
procedure as may be set out in the city managers contract
with the city.
(e) The council shall appoint a noncouncil member to
serve as acting city manager to exercise the powers and
perform the duties of the city manager during any temporary
absence or disability, which disability shall be acknowledged
by a motion adopted by a majority vote of all council mem-
bers present.
(f) The city manager shall:
(1) Be the chief administrative officer of the city;
(2) Be responsible to the council for the proper ad-
ministration of all affairs of the city;
(3) Appoint and, when necessary for the good of the
city, suspend or remove all officers and employees of the
city except as otherwise provided by state law, this char-
ter, or personnel ordinances of the city;
(4) Prepare and submit an operating and capital im-
provements budget annually to the council;
(5) Prepare and submit to the council, at the end
of each fiscal year, a report on the administrative and
financial activities of the city for the preceding year;
(6) Make any other reports on the operation of any
aspect of the city operation as the council may request
by motion; and
(7) Perform any other duties and exercise any other
powers as directed by ordinance consistent with the char-
ter and state law.
(g) The city manager shall appoint and remove all de-
partment heads with the consent of the council adopted by
motion and may personally serve as department head of
any and all departments.
4700 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(h) The city manager shall enter into contracts only
with the consent of the council adopted by motion or as
authorized by ordinance.
(i) Except for the purpose of inquiries and investiga-
tions, the council and its members shall deal with city officers
and employees who are subject to the direction and supervi-
sion of the city manager solely through the city manager,
and neither the council nor its members shall give orders
to any city officer or employee, either publicly or privately.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Notice of Intention to Seek Local Legislation.
Notice is hereby given that the undersigned will seek the
introduction and passage at the regular 1985 session of the Gen-
eral Assembly of Ga., a bill to amend an Act creating the Kings-
land City Charter approved August 15, 1927 (House Bill No.
236; Ga. Laws 1927 pp. 1240-1276), as amended, so as to provide
for the appointment of a city manager; to define his duties and
fix his compensation; and for other purposes.
This 29th day of January, 1985.
Fred Sutton, Jr.
Mayor, City of
Kingsland Georgia
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Harry D. Dixon, who, on
oath, 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 Southeast
Georgian which is the official organ of Camden County, on the
following date: January 31, 1985.
/s/ Harry D. Dixon
Representative,
151st District
GEORGIA LAWS 1985 SESSION
4701
Sworn to and subscribed before me,
this 6th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 28, 1985.
CITY OF SUGAR HILL CORPORATE LIMITS; COUNCIL
MEETINGS; ORDINANCES.
No. 447 (House Bill No. 722).
AN ACT
To amend an Act providing a new charter for the City of
Sugar Hill, approved April 17, 1975 (Ga. L. 1975, p. 3232), as
amended, so as to change the corporate limits of the city; to
change the provisions relating to regular and special meetings
of the council; to provide that all meetings of the council may
be public; to change the provisions relating to actions requiring
an ordinance; to require ordinances in certain instances; to pro-
vide for the introduction, form, and enacting clause for ordi-
nances; to change the provisions relating to introduction and
reading of ordinances; to repeal the provisions relating to emer-
gency ordinances; to repeal conflicting laws; and for other pur-
poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act providing a new charter for the City
of Sugar Hill, approved April 17, 1975 (Ga. L. 1975, p. 3232),
4702 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
as amended, is amended by striking Section 1.11 and inserting
in lieu thereof a new Section 1.11 to read as follows:
"Section 1.11. Corporate boundaries. The City of Sugar
Hill shall encompass all of the territory described within
the following boundaries:
BEGINNING at a point where the center line of the
right-of-way of the Southern Railroad intersects the Land
Lot line separating Land Lots 292 and 293 of the 7th
Land District of Gwinnett County, Georgia, and running
thence north 28 degrees 57 minutes west along the Land
Lot line common to Land Lots 292 and 293 of the 7th
Land District of Gwinnett County, Georgia, to the com-
mon corner of Land Lots 292, 293, 304, and 305 of the
7th Land District of Gwinnett County, Georgia, and con-
tinuing in a northwesterly direction along the Land Lot
line separating Land Lots 304 and 305 of the 7th Land
District of Gwinnett County, Georgia, to the common
corner of Land Lots 304, 305, 323, and 324 of the 7th
Land District of Gwinnett County, Georgia; thence con-
tinuing in a northwesterly direction along the Land Lot
line separating Land Lots 323 and 324 of the 7th Land
District of Gwinnett County, Georgia, to a point which
is located one and one-fourth miles northwest of the cen-
ter of the original track of the Southern Railroad which
was the true point of beginning as measured in a nor-
thwesterly direction along the Land Lot lines described;
thence traveling in a southwesterly direction along an
arc having a radius of 8,804.09 feet, which arc is located
one and one-fourth miles northwest of and parallel to
the center line of the original track of the Southern Rail-
road to the point where said arc intersects the Land Lot
line common to Land Lots 322 and 306 of the 7th Land
District of Gwinnett County, Georgia; thence running
in a southwesterly direction along the Land Lot line com-
mon to Land Lots 322 and 306 to the common corner
of Land Lots 306, 307, 321, and 322 of the 7th Land Dis-
trict of Gwinnett County, Georgia; thence south 59 de-
grees 45 minutes west a distance of 674.9 feet to a point
on the north right-of-way line of State Highway 20;
thence north 88 degrees 18 minutes west along said right-
of-way line of State Highway 20 a distance of 1,081.5
feet to a point; thence north 17 degrees 36 minutes east
GEORGIA LAWS 1985 SESSION
4703
102 feet; thence south 88 degrees 18 minutes east 220
feet; thence north 15 degrees 30 minutes east 100 feet;
thence north 88 degrees 18 minutes west a distance of
215 feet; thence north 17 degrees 36 minutes east a dis-
tance of 1,615 feet to a point on the southerly right-of-
way line of Old Buford-Cumming Road; thence along said
south right-of-way line of Old Buford-Cumming Road
north 56 degrees 41 minutes east 46.3 feet; thence contin-
uing along said right-of-way north 63 degrees 37 minutes
east a distance of 76.5 feet; thence continuing along said
right-of-way north 79 degrees 34 minutes east 74.2 feet;
thence continuing along said right-of-way south 86 de-
grees 24 minutes east 81.5 feet; thence continuing along
said right-of-way south 73 degrees 11 minutes east 138.5
feet; thence continuing along said right-of-way south 73
degrees 20 minutes east a distance of 142.4 feet; thence
continuing along said right-of-way south 72 degrees 30
minutes east 132.7 feet; thence leaving the Old Buford-
Cumming Road right-of-way and continuing south 05 de-
grees 15 minutes west a distance of 483 feet to a point;
thence south 30 degrees 15 minutes east 1,033.8 feet to
the common corner of Land Lots 306, 307, 321, and 322
of the 7th Land District of Gwinnett County, Georgia;
thence south 30 degrees 15 minutes east along the Land
Lot line separating Land Lots 306 and 307 of the 7 th
Land District of Gwinnett County, Georgia, a distance
of 100 feet; thence north 59 degrees 45 minutes east a
distance of 511 feet to a point; thence south 30 degrees
15 minutes east a distance of 110 feet to a point; thence
north 59 degrees 00 minutes east a distance of 524 feet
to a point located on the southwest right-of-way line of
Old Buford-Cumming Road; thence running along the
southwesterly right-of-way of Old Buford-Cumming Road
in a southeasterly direction a distance of 440 feet, more
or less, to a point where said right-of-way intersects a
line having a bearing from said road of south 22 degrees
03 minutes west, which point is located one and one-
fourth miles northwest of and parallel to the center of
the original track of the Southern Railroad; thence run-
ning along said line which is located one and one-fourth
miles northwest of a parallel to the center of the original
track of the Southern Railroad south 22 degrees 03 min-
utes west a distance of 3,280 feet, more or less, to a point
which is located one and one-fourth miles northwest as
4704 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
measured along a line having a bearing of north 51 de-
grees 57 minutes west from a point on the center line
of the right-of-way of the Southern Railroad Company,
which point is exactly one and one-fourth miles as mea-
sured along said railroad track in a southwesterly direc-
tion from the point of beginning of this legal description;
thence running south 51 degrees 57 minutes east 2,440
feet, more or less, to a point located on the southwesterly
boundary of Lot 9, Block A, of a subdivision now known
as Unit No. 1, Oak Grove Estates, as shown on a plat
of a proposed subdivision for Maron Buice and Glad Sud-
derth, prepared by Higginbotham and James, Associates,
dated January 22, 1964, located in Land Lot 290 of the
7th Land District of Gwinnett County, Georgia, which
point is 20 feet, more or less, in a southeasterly direction
measured along the southwesterly boundary of Lot 9,
Block A, from the common westerly corner of Lot 10,
Block A, and Lot 9, Block A, of said subdivision; thence
running south 31 degrees 12 minutes east along the line
forming the southwesterly boundary of Block A of said
subdivision a distance of 855 feet, more or less, to an
iron pin located on the northwesterly right-of-way of
Level Creek Road; thence running along the northwes-
terly right-of-way of Level Creek Road in a southwesterly
direction a distance of 1,080 feet, more or less, to a point;
thence running in a southeasterly direction a distance
of 80 feet to a point located on the southeasterly right-
of-way of Level Creek Road, which point is 1,580 feet
from the point where the southeasterly right-of-way line
of Level Creek Road intersects the Land Lot line separat-
ing Land Lots 291 and 290 of the 7 th Land District of
Gwinnett County, Georgia, as measured in a southwes-
terly direction along said southeasterly right-of-way of
Level Creek Road, and which point marks the intersec-
tion of said right-of-way with the property line separating
the property now or formerly owned by E. E. Robinson
and Tom Ed Robinson and the property now or formerly
owned by Ralph S. Sutton, Jr.; thence leaving said right-
of-way and running south 29 degrees 29 minutes east a
distance of 194.49 feet to a iron pin; thence running south
46 degrees 23 minutes east a distance of 250 feet to a
point; thence running in a southwesterly direction a dis-
tance of 300 feet, more or less, to a point which marks
the southeast corner of the property now or formerly
GEORGIA LAWS 1985 SESSION
4705
owned by Curtis Westbrook, as per plat of Horlbeck and
Associates, Inc., Registered Engineers, dated May 3,1974;
thence running north 34 degrees 55 minutes 14 seconds
west a distance of 196.23 feet to an iron pin; thence run-
ning north 30 degrees west a distance of 174.81 feet to
a point located on the southeasterly right-of-way of Level
Creek Road; thence running along said right-of-way south
58 degrees 54 minutes 15 seconds west a distance of 250
feet to a point; thence running south 34 degrees 56 min-
utes 44 seconds east a distance of 386.38 feet to an iron
pin; thence running north 55 degrees 15 minutes 02 sec-
onds east a distance of 234.28 feet to a point; thence
running south 34 degrees 55 minutes 14 seconds east a
distance of 50 feet to a point; thence running in a north-
easterly direction a distance of 300 feet, more or less,
to a point located on the property line of the property
of Sugar Hill as shown on a survey for the City of Sugar
Hill recreation department, prepared by Michael A. Roy-
ston, dated August 10, 1976; thence running along said
property line as shown on said survey south 46 degrees
23 minutes east a distance of 756.34 feet, more or less,
to an iron pin marking the southwesterly corner of the
property shown on said plat; thence running north 68
degrees 41 minutes east a distance of 976.5 feet to an
iron pin; thence running along a branch in a northwes-
terly and northeasterly direction and following the mean-
derings thereof a distance of 1,042 feet, more of less, to
a point located in Land Lot 291, which marks the corner
of the property owned by Sugar Hill and the property
owned by Clyde A. Clark, as shown on said plat of survey
for the City of Sugar Hill recreation department, pre-
pared by Michael A. Royston and dated August 10,1976;
thence running south 41 degrees 48 minutes west as
shown on said plat a distance of 317.82 feet to an iron
pin; thence running north 34 degrees 05 minutes west
a distance of 335.92 feet to a point located on the south-
easterly right-of-way of Level Creek Road; thence run-
ning along said right-of-way in a northeasterly direction
and following the curvature thereof a distance of 260
feet, more or less, to a point where said right-of-way inter-
sects the Land Lot line separating Land Lots 291 and
290 of the 7 th Land District of Gwinnett County, Georgia;
thence running in a southeasterly direction along said
Land Lot line separating Land Lots 291 and 290 of the
4706 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
7th Land District of Gwinnett County, Georgia, a dis-
tance of 50 feet, more or less, to a point; thence running
south 51 degrees 57 minutes east a distance of 1,660 feet,
more or less, to a point located on the center line of
Peachtree Industrial Boulevard; thence running along
the center line of Peachtree Industrial Boulevard in a
southwesterly direction to a point where the center line
of Peachtree Industrial Boulevard intersects the land lot
line separating Land Lots 272 and 273 of the 7th District
of Gwinnett County, Georgia; thence running along the
land lot line separating Land Lots 272 and 273 of the
7th District of Gwinnett County, Georgia, in a southeast-
erly direction to a point where said land lot line intersects
the center line of the Southern Railroad right-of-way;
thence continuing along the land lot line separating Land
Lots 272 and 273 of the 7th Land District of Gwinnett
County, Georgia, in a southeasterly direction a distance
of 840.6 feet to the common corner of Land Lots 256,
257, 272, and 273 of the 7th Land District of Gwinnett
County, Georgia; thence continuing in a southeasterly
direction along the Land Lot line common to Land Lots
256 and 257 of the 7th Land District of Gwinnett County,
Georgia, a distance of 815.8 feet; thence running north
47 degrees 48 minutes east a distance of 1,200 feet, more
or less, to a point; thence running in a southeasterly
direction in a line forming a ninety degree angle with
the property line just described, and running a distance
of 120 feet; thence running in a southeasterly direction
along a line forming a ninety degree angle with the line
designated by the last call, a distance of 520 feet, more
of less, to a point located on the northwesterly right-of-
way of Old Suwanee Road where said right-of-way inter-
sects the southwesterly corner of the property now or
formerly belonging to Steven G. Moore, containing .84
acres as described in a warranty deed recorded in Deed
Book 2375, Page 143, Gwinnett County, Georgia, Records;
thence running across the right-of-way of Old Suwanee
Road in a southeasterly direction to a point formed by
the intersection of the southeasterly right-of-way of Old
Suwanee Road and the southwesterly corner of Lot 1,
Block A, of Old Suwanee Estates as shown on a plat
entitled Proposed Old Suwanee Estates, prepared by Hig-
ginbotham and James, dated October 12, 1964; thence
GEORGIA LAWS 1985 SESSION
4707
running along the southern boundary of Lots 1, 2, 3, 4, 5,
6, and 7 of Block A, Old Suwanee Estates as shown on
said plat in a southeasterly direction a distance of 870
feet to a point where said property line intersects the
westerly property line of the property now or formerly
owned by the Trustees of the Church of God of Georgia;
thence running south 29 degrees 03 minutes 30 seconds
east a distance of 887.7 feet to an iron pin; thence run-
ning north 66 degrees 41 minutes 30 seconds east a dis-
tance of 100.4 feet to a point; thence running south 30
degrees 35 minutes east a distance of 151.87 feet to a
point located on the northwesterly right-of-way of U. S.
Highway No. 23; thence running along said north-
westerly right-of-way of U. S. Highway 23 north 66
degrees 58 minutes east a distance of 100 feet to a point;
thence running north 28 degrees 17 minutes west a dis-
tance of 150.48 feet to an iron pin; thence running north
66 degrees 59 minutes 30 seconds east a distance of 100
feet to a point; thence running north 30 degrees 03 min-
utes west a distance of 804.82 feet to a point located
on the southwesterly corner of Lot 10, Block A of Old
Suwanee Estates as shown on the plat entitled Proposed
Old Suwanee Estates, prepared by Higginbotham and
James, dated October 12, 1964; thence running in a
northeasterly direction along the southerly boundary of
Lots 10, 11, 12, 13, 14, and 15 of Block A as shown on
said plat a distance of 610 feet to a point located on
the Land Lot line separating Land Lots 257 and 258 of
the 7th Land District of Gwinnett County, Georgia;
thence running along said Land Lot line in a southeast-
erly direction a distance of 280 feet to a point; thence
running in a southeasterly direction in a line forming
a right angle with said Land Lot line a distance of 236
feet, more or less, to a point located on the easterly right-
of-way of White Oak Drive at a point where said right-
of-way intersects the southwesterly corner of Lot 15,
Block C, Section 2, Unit 2 of Frontier Forest as shown
on plat of Section 2, Unit 2, Frontier Forest recorded
in Plat Book V, Page 18, Gwinnett County, Georgia,
Records; thence running south 31 degrees 21 minutes 46
seconds east along the property line of the property now
or formerly owned by the Buford Presbyterian Church
a distance of 683 feet to a point located on the northwes-
4708 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
terly right-of-way of U. S. Highway No. 23; thence run-
ning in a northeasterly direction along said right-of-way
and following the curvature thereof a distance of 388.26
feet to a point; thence continuing along said right-of-way
north 40 degrees 31 minutes 39 seconds east a distance
of 199.39 feet to an iron pin located in the center of a
branch where said branch intersects said right-of-way;
thence running in a generally northwesterly direction
and following the meanderings of said branch a distance
of 670 feet to a point located at the southwesterly corner
of Lot 14, Block C, as shown on a plat of Addition to
Unit 2, Frontier Forest, which plat is recorded in Plat
Book V, Page 269, Gwinnett County, Georgia, Records;
thence running along the southeasterly boundary of said
Addition to Unit 2 of Frontier Forest as shown on said
plat in a southeasterly direction a distance of 1,033.8
feet to a point marking the southeasterly corner of said
Addition to Unit 2, Frontier Forest as shown on said
plat; thence running in a northwesterly direction along
the easterly boundary of said Addition to Unit 2, Frontier
Forest as shown on said plat a distance of 400.8 feet to
a point located at the southeasterly corner of Lot 9, Block
E, Unit 2 of Frontier Forest as shown on a plat of Unit
2, Frontier Forest recorded in Plat Book T, Page 237,
Gwinnett County, Georgia, Records; thence running
along the easterly boundary of Unit 2 of Frontier Forest
as shown on said plat a distance of 400 feet to the point
marking the northeasterly corner of Unit 2, Frontier
Forest as shown on said plat; thence running in a south-
westerly direction along the northern boundary of Unit
2 of Frontier Forest as shown on said plat a distance
of 715.8 feet to a point located at the southeasterly corner
of Lot 22, Block A, Frontier Forest as shown on a plat
recorded in Plat Book P, Pages 190 and 191, Gwinnett
County, Georgia, Records; thence running in a northwes-
terly direction along the line forming the easterly bound-
ary of Lots 22, 21, 20, and 19 of Block A, Frontier Forest
as shown on said plat of Frontier Forest a distance of
466.1 feet to a point marking the common corner of Lots
19, 17, and 16 of Block A, Frontier Forest as shown on
said plat of Frontier Forest; thence running north 59
degrees 10 minutes east along the southeasterly bound-
GEORGIA LAWS 1985 SESSION
4709
ary of Lots 16, 15, 14, 13, 12, 11, 10, 9, 8, 7, 6, 5, 4, and
3 of Block A, Frontier Forest as shown of said plat of
Frontier Forest a distance of 1,758.2 feet to a point which
point is located on the westerly property line of a 16.81
acre tract of land on which the Hilltop Shopping Center
is now or was formerly located, which parcel of land is
shown as Tax Parcel 8 of Land Lot 258 of the 7th Land
District of Gwinnett County, Georgia, as shown on the
tax map of Land Lot 258 of the 7th Land District of
Gwinnett County, Georgia, on January 1, 1985, and
which property is a portion of that property described
in a Warranty Deed from Daisy B. Houston to M. Nelson
Brogdon recorded in Deed Book 924, Page 119 of the
Gwinnett County, Georgia, Records; thence running
south 31-14 degrees east along said westerly property
line a distance of 1,050 feet, more or less, to a point
located on the northwesterly right-of-way of U. S. High-
way No. 23; thence continuing south 31-14 degrees east
across the right-of-way of U. S. Highway No. 23 to a
point located on the southeasterly right-of-way of U. S.
Highway 23 where said right-of-way intersects the prop-
erty line of the property described in the Warranty Deed
from Daisy B. Houston to M. Nelson Brogdon recorded
in Deed Book 924, Page 119, Gwinnett County, Georgia,
Records, which property contains 2 acres and is shown
as Tax Parcel No. 10 on the tax map for Land Lot 258
of the 7th Land District of Gwinnett County, Georgia,
on January 1, 1985; thence running along the southern
boundary of said tract of land north 58-14 degrees east
a distance of 620 feet, more or less, to a point where
said property line intersects the westerly right-of-way
of Sudderth Road; thence running along the westerly
right-of-way of Sudderth Road north 31-14 degrees west
to the point where said southerly right-of-way of Sud-
derth Road intersects the southeasterly right-of-way of
U. S. Highway No. 23; thence continuing north 31-14
degrees west across the right-of-way of U. S. Highway
No. 23 to a point located on the northwesterly right-of-
way of U. S. Highway No. 23, where said right-of-way
intersects with the southeasterly corner of the 16.81 acre
tract designated as Tax Parcel 8 on the Tax Map for
Land Lot 258 of the 7th Land District of Gwinnett
4710 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
County, Georgia, on January 1, 1985; thence running
in a northwesterly direction along the easterly property
line of said tract of land to a point where said property
line intersects the southwesterly right-of-way of State
Highway No. 20; thence running in a northeasterly di-
rection on a line which forms a ninety degree angle with
the property line just described to a point located on
the center line of State Highway No. 20; thence running
in a northwesterly direction along the center line of State
Highway No. 20 to a point on said center line which
point is located 2,000 feet from the point where said cen-
ter line intersects the center line of U. S. Highway
No. 23, as measured in a northwesterly direction along
the center line of State Highway No. 20; thence running
in a northeasterly direction on a line which forms a
ninety degree angle with the center line of U. S. High-
way No. 20 to a point where said line intersects the Land
Lot line separating Land Lots 270 and 271 of the 7th
Land District of Gwinnett County, Georgia; thence run-
ning in a northwesterly direction along the Land Lot
line separating Land Lots 270 and 271 of the 7th Land
District of Gwinnett County, Georgia, to the common
corner of Land Lots 270, 271, 292, and 293 of the 7th
Land District of Gwinnett County, Georgia; thence con-
tinuing in a northwesterly direction along the Land Lot
line separating Land Lots 292 and 293 of the 7th Land
District of Gwinnett County, Georgia, to a point where
said Land Lot line intersects the center line of the right-
of-way of the Southern Railroad which point is the point
of beginning. This legal description is intended to include
and is hereby declared to include that area shown as
the City of Sugar Hill on the proposed official zoning
map of Sugar Hill prepared by Keck & Wood, Inc., as
said map existed on January 14, 1985, with the addition
of that parcel of land designated as Tax Parcel No. 8
of Land Lot 257 of the 7th Land District of Gwinnett
County, Georgia, as shown on the tax maps of Gwinnett
County, Georgia, on January 1, 1985, and with the addi-
tion of that parcel of land designated as Tax Parcel 2
of Land Lot 258 of the 7th Land District of Gwinnett
County, Georgia, as shown on the tax maps of Gwinnett
County, Georgia, on January 1, 1985, and with the addi-
tion of those parcels of land designated as Tax Parcels
GEORGIA LAWS 1985 SESSION
4711
1, 138, 139, 140, 141, and 143 of Land Lot 272 of the
7th Land District of Gwinnett County, Georgia, as shown
on the tax maps of Gwinnett County, Georgia, on January
1, 1985, and with the deletion of a triangular tract of
land designated as Tax Parcel 89 as shown on the tax
map of Land Lot 257, of the 7th Land District of Gwinnett
County, Georgia, on January 1, 1985. Said description
is also intended to include, and is hereby declared to
include, all of that tract or parcel of land located in Land
Lot 323 containing 44.6 acres of land as described in a
deed from Aaron Appling, Inez Allen Appling, and Ann
Phillips to the Town of Sugar Hill, a municipal corpora-
tion, which deed is recorded in Deed Book 305, Page 220,
Gwinnett County, Georgia, Records.
Section 2. Said Act is further amended by striking Section
2.31 and inserting in lieu thereof a new Section 2.31 to read
as follows:
"Section 2.31. 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 regu-
lar meeting and continue such meetings on any date 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 and council may hold special meetings
and may transact business therein in accordance with law.
(c) All meetings of the council may be public in accor-
dance with applicable law.
Section 3. Said Act is further amended by striking Section
2.34 and inserting in lieu thereof a new Section 2.34 to read
as follows:
"Section 2.34. Action requiring an ordinance, (a) Ex-
cept 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. The enacting clause
4712 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
shall be 'The council of the City of Sugar Hill hereby or-
dains....
(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 4. Said Act is further amended by striking Section
2.35, which reads as follows:
"Section 2.35. 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 ordi-
nances generally except that it shall be plainly designated
as an emergency ordinance and shall contain, after the en-
acting 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. It shall
become effective upon adoption or at such later time as it
may specify. Every emergency ordinance shall automatically
stand repealed 90 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 emer-
gency still exists. An emergency ordinance may also be re-
pealed by adoption of a repealing ordinance in the same
manner specified in this Section for adoption of emergency
ordinances.,
in its entirety.
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
regular 1985 session of the General Assembly of Georgia a bill
GEORGIA LAWS 1985 SESSION
4713
to amend an Act providing a New City Charter for the City of
Sugar Hill, Georgia, approved April 17, 1975 (Ga. Laws 1975,
P. 3232), as amended; and for other purposes.
This 14th day of January, 1985.
/s/ Mayor and Council
City of Sugar Hill, Georgia
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Charles C. Martin, who,
on oath, deposes and says that he is Representative from the
60th District, and that the attached copy of Notice of Intention
to Introduce Local Legislation was published in the Gwinnett
Daily News which is the official organ of Gwinnett County, on
the following date: January 21, 1985.
/s/ Charles C. Martin
Representative,
60th District
Sworn to and subscribed before me,
this 8th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal);
Approved March 28, 1985.
4714 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CLINCH COUNTY BOARD OF EDUCATION; ELECTIONS.
No. 448 (House Bill No. 741).
AN ACT
To provide for reapportionment of the board of education
of Clinch County; to provide for education districts and for the
manner of electing members of the board; to provide for other
matters relative to the foregoing; to provide an effective date;
to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. This Act is enacted pursuant to the authority
granted by Article VIII, Section V, Paragraph IV of the Constitu-
tion of the State of Georgia. The provisions of this Act shall
control over any conflicting provisions of that constitutional
amendment relating to the Clinch County school system which
was ratified by the electors of Clinch County at the 1970 Novem-
ber general election (Ga. L. 1970, p. 1111).
Section 2. The board of education of Clinch County shall
consist of five members. The members in office on July 1, 1985,
shall continue to serve as members of the board of education
for the remainder of the terms of office for which they were
elected. Thereafter, their successors shall be elected as provided
in this Act.
Section 3. (a) One member shall be elected from each of
the five education districts described in Section 5 of this Act.
At the general election in 1988, and quadrennially thereafter,
there shall be elected one member from Education District
No. 2, Education District No. 3, and Education District No. 5.
At the general election in 1988 there shall be elected one mem-
ber from Education District No. 1 and Education District No. 4
who shall each serve an initial term of office of two years. At
the general election in 1990, and quadrennially thereafter, suc-
cessors to the initial members from Education District No. 2
and Education District No. 4 shall be elected.
GEORGIA LAWS 1985 SESSION
4715
(b) Successors to those members elected under subsection
(a) of this section shall be elected at the general election immedi-
ately preceding the expiration of their respective terms of office
and they shall each take office January 1 following their election
for terms of four years and until their successors are elected
and qualified.
(c) The members of the board shall be elected by a majority
of the electors voting within their respective education districts.
The 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 4. (a) The five districts for election of members
of the board of education of Clinch County are described as
follows:
Education District 1
Beginning at a point formed by the intersection of the
centerlines of U.S. Highway 84 (also known as Dame Avenue
in the City of Homerville) and U.S. Highway 441 (also known
as North Church Street in the City of Homerville) and thence
following north along the centerline of U.S. Highway 441
to the Clinch/Atkinson County line; thence running due east
along the north county line to the northeast corner of Clinch
County; thence running in a southwesterly direction along
the east county line to the intersection of U.S. Highway
84, approximately 1.5 miles east of Argyle, Ga.; thence run-
ning west along the centerline of U.S. Highway 84 to the
City limits of Argyle; thence running in a northwesterly
and southerly direction around the City limits of Argyle
to the intersection of U.S. Highway 84; thence running in
a westerly direction along the centerline of U.S. Highway
84 to Homerville, Georgia and the Point of Beginning.
Education District 2
Beginning at a point formed by the intersection of the
centerlines of U.S. Highway 84 (also known as Dame Avenue
in the City of Homerville) and U.S. Highway 441 (also known
as North Church Street in the City of Homerville) and thence
following north along the centerline of U.S. Highway 441
4716 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
to the Clinch/ Atkinson County line; thence running due west
along the north county line to the northwest corner of Clinch
County; thence running due south along the Clinch County
line to the intersection with U.S. Highway 84, approximately
5 miles west of Dupont, Georgia; thence running easterly
along the centerline of U.S. Highway 84 to its intersection
with the western city limits of Dupont, Georgia; thence run-
ning southerly and then northerly along the city limits of
Dupont to their intersection with U.S. Highway 84 on the
eastern city limits of Dupont; thence following the centerline
of U.S. 84 in an easterly direction back to Homerville, Geor-
gia and the Point of Beginning.
Education District 3
Beginning at a point formed by the intersection of the
centerlines of U.S. Highway 84 (also known as Dame Avenue
in the City of Homerville) and U.S. Highway 441 (also known
as North Church Street in the City of Homerville) and thence
following south along the centerline of U.S. Highway 441
to its intersection with State Highway 187 (also known as
Forrest Avenue in the City of Homerville); thence running
in a southwesterly direction along the centerline of State
Highway 187 to its intersection with College Street; thence
running in a southerly direction along the centerline of Col-
lege Street to its intersection of Magnolia Street; thence
running in an easterly direction along the centerline of Mag-
nolia Street to its intersection with Virginia Avenue; thence
running in a southerly direction along the centerline of Vir-
ginia Avenue to its intersection with Shirley Road; thence
running in an easterly direction along the centerline of Shir-
ley Road to its intersection of U.S. Highway 441 (Church
Street); thence running in a southerly direction along the
centerline of U.S. Highway 441 to its intersection with the
southern city limits of Homerville, Georgia; thence following
the city limits of Homerville, Georgia in a westerly direction
to their intersection with Tatum Creek; thence running
along Tatum Creek in a southerly direction to its intersection
with Clinch County Road 36; thence running in an easterly
direction along the centerline of County Road 36 to its inter-
section with Clinch County Road 39; thence running in an
easterly direction along the centerline of Clinch County Road
39 to its intersection with U.S. Highway 441; thence running
GEORGIA LAWS 1985 SESSION
4717
south along the centerline of U.S. Highway 441 to its inter-
section with Clinch County Road 161, commonly known as
the Jessie Hinson Road; thence running westerly along the
centerline of Clinch County Road 161 to its intersection with
Antioch Church Road; thence running south along the cen-
terline of Antioch Church Road to its intersection with
Clinch County Road 144; thence running north along the
centerline of Clinch County Road 144 to its intersection with
Clinch County Road 184; thence running north along the
centerline of Clinch County Road 184 to its intersection with
Clinch County Road 147; thence running north along the
centerline of Clinch County Road 147 to the Clinch/Ware
County Line; thence running in a northerly direction along
the east county line to its intersection with U.S. Highway
84; thence running in a westerly direction along the center-
line of U.S. Highway 84 to its intersection with the eastern
city limits of Argyle, Georgia; thence running along the Ar-
gyle city limits in a northerly and then southerly direction
to their intersection with U.S. Highway 84 on the western
City limits of Argyle; thence running in a westerly direction
along the centerline of U.S. Highway 84 to the City of Homer-
ville, Georgia and the point of beginning.
Education District 4
Beginning at a point formed by the intersection of the
centerlines of U.S. Highway 84 (also known as Dame Avenue
in the City of Homerville) and U.S. Highway 441 (also known
as North Church Street in the City of Homerville) and thence
following south along the centerline of U.S. Highway 441
to its intersection with State Highway 187 (also known as
Forrest Avenue in the City of Homerville); thence running
in a southwesterly direction along the centerline of State
Highway 187 to its intersection with College Street; thence
running in a southerly direction along the centerline of Col-
lege Street to its intersection with Magnolia Street; thence
running in an easterly direction along the centerline of Mag-
nolia Street to its intersection with Virginia Avenue; thence
running in a southerly direction along the centerline of Vir-
ginia Avenue to its intersection with Shirley Road; thence
running in an easterly direction along the centerline of Shir-
ley Road to its intersection with U.S. Highway 441 (Church
Street); thence running in a southerly direction along the
4718 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
centerline of U.S. Highway 441 to its intersection with the
southern city limits of Homerville, Georgia; thence following
the city limits of Homerville in a westerly, northerly, west-
erly and then northerly direction to their intersection with
U.S. Highway 84; thence running in an easterly direction
along the centerline of U.S. Highway 84 to the City of Homer-
ville and the point of beginning.
Education District 5
Beginning at a point formed by the intersection of the
Clinch/Lanier County Line and U.S. Highway 84 and thence
running easterly along the centerline of U.S. Highway 84
to its intersection with the western city limits of Dupont,
Georgia; thence running southerly and then northerly along
the city limits of Dupont to their intersection with U.S. High-
way 84 on the eastern city limits of Dupont; thence running
along the centerline of U.S. 84 in an easterly direction to
its intersection with the western most city limits of Homer-
ville, Georgia; thence running along the city limits of Homer-
ville in a southerly, easterly, southerly, and then easterly
direction to their intersection with Tatum Creek; thence run-
ning along Tatum Creek in a southerly direction to its inter-
section with Clinch County Road 36; thence running in an
easterly direction along the centerline of County Road 36
to its intersection with Clinch County Road 39; thence run-
ning in an easterly direction along the centerline of Clinch
County Road 39 to its intersection with U.S. Highway 441;
thence running south along the centerline of U.S. Highway
441 to its intersection with Clinch County Road 161, com-
monly known as the Jessie Hinson Road; thence running
easterly along the centerline of Clinch County Road 161 to
its intersection with Antioch Church Road; thence running
south along the centerline of Antioch Church Road to its
intersection with Clinch County Road 144; thence running
north along the centerline of Clinch County Road 144 to
its intersection with Clinch County Road 184; thence run-
ning north along the centerline of Clinch County Road 184
to its intersection with Clinch County Road 147; thence run-
ning north along the centerline of Clinch County Road 147
to the Clinch/Ware County Line; thence following the
County Line in a southerly direction to the Georgia/Florida
State Line; thence running along the state line in a westerly
GEORGIA LAWS 1985 SESSION
4719
direction to the Clinch/Echols County Line; thence following
the Clinch/Echols County Line in a northerly direction to
the intersection of the Clinch/Lanier County Line; thence
following the Clinch/Lanier County Line to its intersection
with U.S. Highway 84 and the point of beginning.
(b) Any part of Clinch County which is not included in
any education district described in this section shall be included
within that education 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 5. This Act shall become effective on July 1,1985.
Section 6. 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
1985 session of the General Assembly of Georgia, a bill to provide
for reapportionment of the Board of Education of Clinch County;
to provide for education districts and for the manner of electing
members of the Board; to provide for other matters relative
to the foregoing; and for other purposes.
This 28th day of January, 1985.
Tom Crosby, Jr.
Representative,
150th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Tom Crosby, who, on oath,
deposes and says that he is Representative from the 150th Dis-
trict, and that the attached copy of Notice of Intention to Intro-
duce Local Legislation was published in the Clinch County News
which is the official organ of Clinch County, on the following
date: January 31, 1985.
/s/ Tom Crosby
Representative,
150th District
4720 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 7th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 28, 1985.
CLINCH COUNTY BOARD OF COMMISSIONERS;
ELECTIONS.
No. 449 (House Bill No. 742).
AN ACT
To amend an Act creating a board of commissioners of Clinch
County, approved March 9, 1933 (Ga. L. 1933, p. 456), as
amended, particularly by an Act approved February 27, 1953
(Ga. L. 1953, Jan.-Feb. Sess., p. 2723), so as to reapportion the
board of commissioners of Clinch County; to provide for commis-
sioner districts; to provide for the election and terms of office
of commissioners; to delete the language pertaining to the main-
tenance of a temporary residence if the chairman does reside
in the commissioner district in which the county seat is located;
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
Clinch County, approved March 9, 1933 (Ga. L. 1933, p. 456),
as amended, particularly by an Act approved February 27,1953
(Ga. L. 1953, Jan.-Feb. Sess., p. 2723), is amended by striking
Sections 2, 3, and 4 in their entirety and substituting in lieu
thereof new Sections 2 and 3 to read as follows:
GEORGIA LAWS 1985 SESSION
4721
"Section 2. Commissioner districts, (a) For the purpose
of electing the five members of the board of commissioners
of Clinch County who must reside in their respective commis-
sioner district, Clinch County is divided into five commis-
sioner districts as follows:
District 1
Beginning at a point formed by the intersection of
the centerlines of U.S. Highway 84 (also known as Dame
Avenue in the City of Homerville) and U.S. Highway
441 (also known as North Church Street in the City of
Homerville) and thence following north along the center-
line of U.S. Highway 441 to the Clinch/Atkinson County
line; thence running due east along the north county
line to the northeast corner of Clinch County; thence
running in a southwesterly direction along the east
county line to the intersection of U.S. Highway 84, ap-
proximately 1.5 miles east of Argyle, Ga.; thence running
west along the centerline of U.S. Highway 84 to the City
limits of Argyle; thence running in a northwesterly and
southerly direction around the City limits of Argyle to
the intersection of U.S. Highway 84; thence running in
a westerly direction along the centerline of U.S. Highway
84 to Homerville, Georgia and the Point of Beginning.
District 2
Beginning at a point formed by the intersection of
the centerlines of U.S. Highway 84 (also known as Dame
Avenue in the City of Homerville) and U.S. Highway
441 (also known as North Church Street in the City of
Homerville) and thence following north along the center-
line of U.S. Highway 441 to the Clinch/Atkinson County
line; thence running due west along the north county
line to the northwest corner of Clinch County; thence
running due south along the Clinch County line to the
intersection with U.S. Highway 84, approximately 5
miles west of Dupont, Georgia; thence running easterly
along the centerline of U.S. Highway 84 to its intersec-
tion with the western city limits of Dupont, Georgia;
thence running southerly and then northerly along the
city limits of Dupont to their intersection with U.S. High-
way 84 on the eastern city limits of Dupont; thence fol-
lowing the centerline of U.S. 84 in an easterly direction
back to Homerville, Georgia and the Point of Beginning.
4722 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
District 3
Beginning at a point formed by the intersection of
the centerlines of U.S. Highway 84 (also known as Dame
Avenue in the City of Homerville) and U.S. Highway
441 (also known as North Church Street in the City of
Homerville) and thence following south along the center-
line of U.S. Highway 441 to its intersection with State
Highway 187 (also known as Forrest Avenue in the City
of Homerville); thence running in a southwesterly direc-
tion along the centerline of State Highway 187 to its
intersection with College Street; thence running in a
southerly direction along the centerline of College Street
to its intersection of Magnolia Street; thence running
in an easterly direction along the centerline of Magnolia
Street to its intersection with Virginia Avenue; thence
running in a southerly direction along the centerline
of Virginia Avenue to its intersection with Shirley Road;
thence running in an easterly direction along the center-
line of Shirley Road to its intersection of U.S. Highway
441 (Church Street); thence running in a southerly direc-
tion along the centerline of U.S. Highway 441 to its inter-
section with the southern city limits of Homerville, Geor-
gia; thence following the city limits of Homerville,
Georgia in a westerly direction to their intersection with
Tatum Creek; thence running along Tatum Creek in a
southerly direction to its intersection with Clinch County
Road 36; thence running in an easterly direction along
the centerline of County Road 36 to its intersection with
Clinch County Road 39; thence running in an easterly
direction along the centerline of Clinch County Road 39
to its intersection with U.S. Highway 441; thence running
south along the centerline of U.S. Highway 441 to its
intersection with Clinch County Road 161, commonly
known as the Jessie Hinson Road; thence running west-
erly along the centerline of Clinch County Road 161 to
its intersection with Antioch Church Road; thence run-
ning south along the centerline of Antioch Church Road
to its intersection with Clinch County Road 144; thence
running north along the centerline of Clinch County
Road 144 to its intersection with Clinch County Road
184; thence running north along the centerline of Clinch
County Road 184 to its intersection with Clinch County
GEORGIA LAWS 1985 SESSION
4723
Road 147; thence running north along the centerline of
Clinch County Road 147 to the Clinch/Ware County Line;
thence running in a northerly direction along the east
county line to its intersection with U.S. Highway 84;
thence running in a westerly direction along the center-
line of U.S. Highway 84 to its intersection with the east-
ern city limits of Argyle, Georgia; thence running along
the Argyle city limits in a northerly and then southerly
direction to their intersection with U.S. Highway 84 on
the western City limits of Argyle; thence running in a
westerly direction along the centerline of U.S. Highway
84 to the City of Homerville, Georgia and the Point of
Beginning.
District 4
Beginning at a point formed by the intersection of
the centerlines of U.S. Highway 84 (also known as Dame
Avenue in the City of Homerville) and U.S. Highway
441 (also known as North Church Street in the City of
Homerville) and thence following south along the center-
line of U.S. Highway 441 to its intersection with State
Highway 187 (also known as Forrest Avenue in the City
of Homerville); thence running in a southwesterly direc-
tion along the centerline of State Highway 187 to its
intersection with College Street; thence running in a
southerly direction along the centerline of College Street
to its intersection with Magnolia Street; thence running
in an easterly direction along the centerline of Magnolia
Street to its intersection with Virginia Avenue; thence
running in a southerly direction along the centerline
of Virginia Avenue to its intersection with Shirley Road;
thence running in an easterly direction along the center-
line of Shirley Road to its intersection with U.S. Highway
441 (Church Street); thence running in a southerly direc-
tion along the centerline of U.S. Highway 441 to its inter-
section with the southern city limits of Homerville, Geor-
gia; thence following the city limits of Homerville in a
westerly, northerly, westerly and then northerly direc-
tion to their intersection with U.S. Highway 84; thence
running in an easterly direction along the centerline of
U.S. Highway 84 to the City of Homerville and the Point
of Beginning.
4724 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
District 5
Beginning at a point formed by the intersection of
the Clinch/Lanier County Line and U.S. Highway 84
and thence running easterly along the centerline of U.S.
Highway 84 to its intersection with the western city lim-
its of Dupont, Georgia; thence running southerly and
then northerly along the city limits of Dupont to their
intersection with U.S. Highway 84 on the eastern city
limits of Dupont; thence running along the centerline
of U.S. 84 in an easterly direction to its intersection with
the western most city limits of Homerville, Georgia;
thence running along the city limits of Homerville in a
southerly, easterly, southerly, and then easterly direc-
tion to their intersection with Tatum Creek; thence run-
ning along Tatum Creek in a southerly direction to its
intersection with Clinch County Road 36; thence running
in an easterly direction along the centerline of County
Road 36 to its intersection with Clinch County Road 39;
thence running in an easterly direction along the center-
line of Clinch County Road 39 to its intersection with
U.S. Highway 441; thence running south along the cen-
terline of U.S. Highway 441 to its intersection with
Clinch County Road 161, commonly known as the Jessie
Hinson Road; thence running easterly along the center-
line of Clinch County Road 161 to its intersection with
Antioch Church Road; thence running south along the
centerline of Antioch Church Road to its intersection
with Clinch County Road 144; thence running north
along the centerline of Clinch County Road 144 to its
intersection with Clinch County Road 184; thence run-
ning north along the centerline of Clinch County Road
184 to its intersection with Clinch County Road 147;
thence running north along the centerline of Clinch
County Road 147 to the Clinch/Ware County Line; thence
following the County Line in a southerly direction to
the Georgia/Florida State Line; thence running along
the state line in a westerly direction to the Clinch/Echols
County Line; thence following the Clinch/Echols County
Line in a northerly direction to the intersection of the
Clinch/Lanier County Line; thence following the Clinch/
Lanier County Line to its intersection with U.S. Highway
84 and the Point of Beginning.
GEORGIA LAWS 1985 SESSION
4725
(b) Any part of Clinch 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 or any future
such census.
Section 3. (a) At the general election conducted in
1988, all five members of the board shall be elected for terms
of office of four years each beginning January 1, 1989, and
they shall serve until their successors are elected and quali-
fied.
(b) Successors to those members elected under subsec-
tion (a) of this section shall be elected at the general election
immediately preceding the expiration of their respective
terms of office and they shall each take office January 1
following their election for terms of four years and until
their successors are elected and qualified.
(c) The members of the board shall be elected by a ma-
jority of the electors voting within their respective commis-
sioner districts. The members of the board shall be nomi-
nated 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 the
last paragraph of Section 8 in its entirety and substituting in
lieu thereof a new last paragraph of Section 8 to read as follows:
"The chairman of the board shall give bond in the sum
of $2,000.00 for the faithful performance of his duties and
for the protection of all county funds, said bond to be ap-
proved by the judge of the probate court and recorded in
that office.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Notice of Intent to Introduce Local Legislation.
Notice is given that there will be introduced at the regular
1985 session of the General Assembly of Georgia, a bill to amend
4726 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
an Act creating a Board of Commissioners for Clinch County,
approved March 9,1933 (Ga. L. 1933, P. 456), as amended, partic-
ularly by an Act approved February 27, 1953 (Ga. L. 1953, Jan.-
Feb. SCSS, P. 2723), so as to provide for commissioner districts;
to provide for the election and terms of office of commissioners;
to provide for the election of the Chairman of the Board of
Commissioners; to provide for other matters relative to the fore-
going and for other purposes.
This 28th day of January, 1985.
Honorable Tom Crosby, Jr.
Representative,
150th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Tom Crosby, who, on oath,
deposes and says that he is Representative from the 150th Dis-
trict, and that the attached copy of Notice of Intention to Intro-
duce Local Legislation was published in the Clinch County News
which is the official organ of Clinch County, on the following
date: January 31, 1985.
/s/ Tom Crosby
Representative,
150th District
Sworn to and subscribed before me,
this 7th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 28, 1985.
GEORGIA LAWS 1985 SESSION
4727
CITY OF MACON CORPORATE LIMITS.
No. 450 (House Bill No. 785).
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 an effective date; to repeal conflicting laws; and for
other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act providing a new charter for the City
of Macon, Georgia, approved March 23, 1977 (Ga. L. 1977, p.
3776), as amended, is amended by adding at the end of Section
1-105 the following:
"In addition to the present territory included within the
corporate limits, the City of Macon shall also include the
following described tracts or parcels of real property:
PARCEL 1
ALL THAT TRACT OR PARCEL OF LAND lying
and being in Land Lot 302 of the Thirteenth Land District
of Bibb County, Georgia, containing 0.855 acres, more
or less, and being more particularly described as follows:
BEGINNING at an iron pin marking the southern
corner of property conveyed to Macon-Bibb County Indus-
trial Authority by deed recorded in Book 1148, Page 237,
Clerks Office, Bibb Superior Court, which property is
shown upon a plat recorded in Plat Book 49, Page 67,
said Clerks Office, and from said point of beginning ex-
4728 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
tending thence S 57 30' E a distance of 146.4 feet, more
or less, along the right-of-way of Forsyth Road to a point
on the southeastern prolongation of the northwest prop-
erty line of "Lot 2B as shown upon a plat recorded in
Plat Book 53, Page 69, said Clerks Office; extending
thence N 32 21' E along the northwestern line of said
Lot 2B and a prolongation thereof a distance of 213.7
feet, more or less, to an iron pin located on the southwest-
ern right-of-way of the Central of Georgia Railway Com-
pany; thence continuing N 32 21' E 51 feet, more or
less, to the centerline of said railroad right-of-way which
is also the present boundary of the City of Macon; thence
in a northwesterly direction along the centerline of said
right-of-way a distance of 151 feet, more or less, to a
point where the same is intersected by a projection in
a northeasterly direction of the southeast line of the prop-
erty of Macon-Bibb County Industrial Authority referred
to above and shown as Lot 1 on a plat recorded in Plat
Book 49, Page 67; and thence in a southwesterly direction
along such prolongation and along the southeast line
of said Lot 1 a distance of 314.1 feet to the iron pin
marking the POINT OF BEGINNING.
PARCEL 2
ALL THAT TRACT OR PARCEL of land lying and
being in Land Lot 347,13th Land District of Bibb County,
Georgia, and being more particularly described as fol-
lows:
BEGINNING at a concrete right-of-way monument
found on the northwesterly right-of-way line of Riverside
Drive (a 200-foot right-of-way) a distance of 1,210 feet
(more or less) from the intersection of said northwesterly
right-of-way line and the westerly right-of-way line of
Northside Drive (an 80-foot right-of-way); thence south
28 degrees 19 minutes 18 seconds west a distance of
313.55 feet to an iron pin found; thence south 28 degrees
21 minutes 48 seconds west a distance of 364.00 feet to
an iron pin found on the northerly right-of-way line of
Northside Drive; thence continuing south 28 degrees 21
GEORGIA LAWS 1985 SESSION
4729
minutes 48 seconds west a distance of 80 feet to the south-
erly line of the right-of-way of Northside Drive which
is the present boundary of the City of Macon; thence
northwesterly along the last mentioned right-of-way line
160 feet, more or less, to the center of the run of Savage
Creek; thence in a northeasterly direction along the run
of said creek to an iron pin set on the northerly line of
the right-of-way of Northside Drive; thence in a north-
easterly direction along the centerline of Savage Creek
and following the meanderings thereof to an iron pin
set (the tie line between said iron pin and the preceding
iron pin set having a bearing of north 37 degrees 49
minutes 42 seconds east and a length of 361.36 feet);
thence north 65 degrees 33 minutes 39 seconds west a
distance of 181.49 feet to an iron pin found along the
edge of a lake; thence in a westerly direction along the
edge of said lake and following a curvature thereof to
an iron pin found (the tie line between said iron pin
and the preceding iron pin found having a bearing of
north 79 degrees 57 minutes 23 seconds west and a length
of 243.34 feet); thence continuing in a westerly direction
along the edge of said lake and following the curvature
thereof to an iron pin found (the tie line between said
iron pin and the preceding iron pin found having a bear-
ing of north 41 degrees 50 minutes 51 seconds west and
a length of 154.47 feet); thence north 65 degrees 33 min-
utes 17 seconds west a distance of 290.64 feet to an iron
pin found; thence north 23 degrees 58 minutes 52 seconds
east a distance of 439.90 feet to an iron pin set; thence
north 89 degrees 31 minutes 08 seconds east a distance
of 486.78 feet to an iron pin set on the northwesterly
right-of-way line of Riverside Drive; thence along said
right-of-way line south 33 degrees 52 minutes 42 seconds
east a distance of 618.20 feet to a concrete monument
found and the POINT AND PLACE OF BEGINNING.
Section 2. This Act shall become effective December 1,
1985.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
4730 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
1985 Session of the General Assembly of Georgia a Bill to amend
an Act providing a new Charter for the City of Macon, approved
March 23, 1977 (Ga. L. 1977, P. 3776), as amended, so as to
change the corporate limits of said City, and for other purposes.
George M. Israel, III
Mayor and the City Council
of City of Macon, Georgia
P.O. Box 247
Macon, Georgia 31298
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Frank C. Pinkston, who,
on oath, deposes and says that he is Representative from the
100th District, and that the attached copy of Notice of Intention
to Introduce Local Legislation was published in the Macon Tele-
graph and News which is the official organ of Bibb County, on
the following date: January 26, 1985.
/s/ Frank C. Pinkston
Representative,
100th District
Sworn to and subscribed before me,
this 11th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 28, 1985.
GEORGIA LAWS 1985 SESSION
4731
CITY OF IRWINTON NAME CHANGED; CHIEF OF
POLICE; MAYOR AND ALDERMEN; RECORDER AND
RECORDER PRO TEMPORE.
No. 451 (House Bill No. 814).
AN ACT
To amend an Act incorporating the Town of Irwinton and
granting a charter to said town, approved April 8, 1968 (Ga.
L. 1968, p. 3092), as amended, so as to change the name of
the municipal corporation to the City of Irwinton; to provide
for appointment of the chief of police; to authorize the chief
of police to employ and discipline police officers; to provide for
qualifications for the offices of mayor and aldermen; to provide
for qualification fees; to provide for the appointment of a city
recorder and recorder pro tempore; to provide that the recorder
shall have certain powers of a magistrate; 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 Irwinton and
granting a charter to said town, approved April 8, 1968 (Ga.
L. 1968, p. 3092), as amended, is amended by striking in its
entirety Section 1-1 and inserting in its place a new Section
1-1 to read as follows:
"Section 1-1. Incorporation: name, style and designa-
tion. (a) The City of Irwinton, in Wilkinson County, Georgia,
shall be and is incorporated as a city under the name, style,
and designation of the City of Irwinton.
(b) Wherever, in the local Acts, rules, regulations, ordi-
nances, or other documents affecting the City of Irwinton,
there is used the term 'town to refer to the City of Irwinton,
it shall mean 'city.
(c) Wherever, in this charter, there is used the term
'town to refer to the City of Irwinton, it is amended to read
'city.
4732 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2. Said Act is further amended by striking in its
entirety Section 3-5 and inserting in its place a new Section
3-5 to read as follows:
"Section 3-5. Police force constituted; terms; removal
from office; compensation; powers and duties. There shall
be a police department of the city which shall consist of a
chief of police and such other officers and men as the mayor
and aldermen may prescribe. The chief of police shall be
appointed by the mayor and aldermen for a term of office
of four years and until a successor is appointed and qualified.
All future successors, except as hereafter provided, shall
serve for a term of four years. Except as otherwise provided
in this section, the chief of police may be discharged or sus-
pended at any time by the mayor and aldermen, after trial,
for neglect of duty, incapacity, conduct unbecoming an offi-
cer, or other like offense, when in their judgment it is best
for the good of the service or the interest of the town. The
mayor and aldermen shall have the power to fix the salaries
of the members of the police department.
The chief and the officers of the police department shall
preserve the peace of the city and shall have power and
authority to arrest all persons within said city guilty or
charged with violating any of the laws of the state or laws
and ordinances of the city and all persons committing or
attempting to commit any crime against the laws of the
state or ordinances of the city. They shall have power and
authority to confine all arrested persons in the city prison
or in the common jail of Wilkinson County and bring them
before the recorders court for trial or commitment; provided,
however, that all persons desiring to give bail for their ap-
pearance before the recorders court in bailable cases shall
be allowed to do so.
The mayor and board of aldermen shall have the power
to appoint a chief of police, as the mayor and board of aider-
men may prescribe, for a temporary term not to exceed six
months. During the temporary employment term of six
months, the chief of police appointed by the mayor and board
of aldermen may be discharged without cause.
The chief of police shall have the power and authority
to hire such police officers as such person deems necessary
GEORGIA LAWS 1985 SESSION
4733
to perform the duties of the department in an efficient and
expedient manner, with the recommendation and approval
of the mayor and board of aldermen. The chief of police
shall have the authority to discipline police officers pursuant
to the terms of the city personnel procedures and grievances
manual.
Section 3. Said Act is further amended by striking in its
entirety Section 5-14 and inserting in its place a new Section
5-14 to read as follows:
"Section 5-14. Eligibility to hold city office. No person
shall be eligible to hold the office of mayor or aldermen in
said city unless such person is twenty-one years old, is a
qualified elector of the City of Irwinton, has resided in the
city for a period of six months immediately preceding such
persons election, and meets the other qualifications of office
imposed by law.
Section 4. Said Act is further amended by striking in its
entirety Section 5-15 and inserting in its place a new Section
5-15 to read as follows:
"Section 5-15. Candidates for mayor or alderman; state-
ment, certificate required; time of election; filing fee. For
the purpose of electing aldermen for the City of Irwinton,
there are created four alderman posts, to be numbered con-
secutively from one through four. An election shall be held
on the second Wednesday in December, 1969, and biennially
thereafter, for the purpose of electing four aldermen to fill
the office of Post No. 1, Post No. 2, Post No. 3, and Post
No. 4 in the City of Irwinton. Every person desiring to be-
come a candidate for either the office of mayor or for the
office of alderman of the City of Irwinton shall file or cause
to be filed with the clerk of the City of Irwinton, not later
than 20 days before the general election, which election shall
be held on the second Wednesday in December, biennially,
a statement of his or her candidacy, reciting that such person
is offering for mayor or as alderman, and, if offering as aider-
man, said statement shall designate the post number which
such candidate desires to succeed to. The candidate shall
further file with the clerk of the City of Irwinton a certificate
sworn to by the candidate that such candidate is qualified
4734 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
to fill the office to which such candidate seeks election. All
candidates for the office of mayor or for the office of alderman
shall be elected by the voters of the city at large and a candi-
date must attain a majority of the votes cast in any election
to be elected. In instances where no candidate receives a
majority of the votes cast, a run-off election shall be held,
between the two candidates receiving the highest number
of votes, on the fourteenth day after the day of holding the
first election. The candidate receiving a majority of the votes
cast in such run-off election shall be declared the winner.
Each candidate for mayor or alderman shall pay a qualifi-
cation fee, as provided by law, at the time of the filing of
candidacy.
Section 5. Said Act is further amended by striking in its
entirety Section 6-1 and inserting in its place a new Section
6-1 to read as follows:
"Section 6-1. Recorders court created; presiding officer.
There is created a recorders court for the trial of the offenses
and offenders against the laws and ordinances of the City
of Irwinton, such court to be called the recorders court, to
be presided over by a city recorder appointed by the mayor
and aldermen. When so appointed and qualified as herei-
nafter provided, the recorder shall have full authority as
judge of said court for the administration of its affairs.
The recorders salary shall be fixed by the mayor and
aldermen, and the recorder shall take such oath as may
be prescribed by the mayor and aldermen and shall be sub-
ject to removal, with or without any stated cause, upon a
majority vote by the mayor and aldermen.
Any vacancy in the office of town recorder, by reason
of death, resignation, removal, or other reason, shall be filled
by appointment of the mayor and aldermen. In case of the
recorders disqualification or absence, a recorder pro tempore
shall be appointed by the mayor and aldermen, who may
hold said court and may exercise all the powers conferred
by law or this charter upon the recorder.
Section 6. Said Act is further amended by striking in its
entirety Section 6-3 and inserting in its place a new Section
6-3 to read as follows:
GEORGIA LAWS 1985 SESSION
4735
"Section 6-3. Authority of recorder as magistrate. The
recorder shall to all intents and purposes be a magistrate,
so far as to enable such recorder to issue warrants for offenses
committed within the city, which warrants may be executed
by any member of the police force of the city, and to commit
the offenders to the city prison or county jail of Wilkinson
County or to admit them to bail in bailable cases for their
appearance at the next term of the court of competent juris-
diction to be held in and for said county.
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 1985 session of the General Assembly of Georgia a bill
to amend an Act incorporating the Town of Irwinton and grant-
ing a charter to said town, approved April 8, 1968 (Ga. L. 1968,
p. 3092), as amended; to provide for related matters; and for
other purposes.
This 28th day of January, 1985.
Honorable 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 31, 1985.
/s/ Kenneth W. Birdsong
Representative,
104th District
4736 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 14th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 28, 1985.
CITY OF BLAIRSVILLE COUNCIL MEETINGS;
EXECUTIONS; TAX LEVIES; MAYOR AND COUNCIL; CITY
COURT; FINES.
No. 452 (House Bill No. 844).
AN ACT
To amend an Act to reincorporate the City of Blairsville
in the County of Union, approved March 28, 1984 (Ga. L. 1984,
p. 4967), so as to change the month in which city council organi-
zational meetings are held; to change certain provisions regard-
ing the transfer of executions; to provide for property tax levies;
to change the month in which the mayor and council members
take office; to provide that the city court shall be presided over
by the judge of said court; to provide for the collection of certain
fines and costs; to provide 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 the City of Blairsville
in the County of Union, approved March 28, 1984 (Ga. L. 1984,
p. 4967), is amended by striking Section 2.30 and inserting in
lieu thereof a new Section 2.30 to read as follows:
"Section 2.30. Organization meeting. The city council
shall meet for organization on the third Saturday in May
GEORGIA LAWS 1985 SESSION
4737
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 quali-
fied.
Section 2. Said Act is further amended by striking Section
4.14 and inserting in lieu thereof a new Section 4.14 to read
as follows:
"Section 4.14. Transfer of executions. The city clerk
shall be authorized to transfer and assign any fi. fa. or execu-
tion 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 of tax fi.
fas. as now provided by law; and all sales of property here-
after 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 re-
deem 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 3. Said Act is further amended by striking Section
4.34 and inserting in lieu thereof a new Section 4.34 to read
as follows:
"Section 4.34. Property tax levies. As soon as the city
receives the approved tax digest for the current year from
4738 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
the county, the city council shall levy by resolution the total
city millage annual tax on all real and personal property
within the City of Blairsville. The tax rate set by such resolu-
tion shall be such that a reasonable estimate of revenues
from such levy shall be sufficient, together with other antici-
pated or received revenues, fund balances, and applicable
reserves to equal the total amount appropriated for each
of the several funds set forth in the current years operating
budget for defraying the expenses of the general government
of the City of Blairsville.
Section 4. Said Act is further amended by striking Section
6.10 and inserting in lieu thereof a new Section 6.10 to read
as follows:
"Section 6.10. Regular elections, (a) The date of the reg-
ular 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 sub-
section (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 coun-
cil members receiving the highest number of votes cast
shall be declared the winners, shall take office on the
third Saturday in May, 1984, and shall serve for initial
terms of three years.
(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.
GEORGIA LAWS 1985 SESSION
4739
(c) Successors to the mayor and council members
elected under subsection (b) of this section and future succes-
sors shall be elected at the regular municipal election imme-
diately preceding the expiration of the respective terms of
office and shall take office on the third Saturday of May
immediately following their election for terms of four years
and until their successors are elected and qualified.
Section 5. Said Act is further amended by striking Section
7.10 and inserting in lieu thereof a new Section 7.10 to read
as follows:
"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 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 nonatten-
dance; to punish also any person who may counsel, advise,
aid, encourage, or persuade another whose testimony is de-
sired 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
court shall be presided over by the judge of said court.
Section 6. Said Act is further amended by adding a new
subsection immediately following subsection (g) of Section 7.13,
to be designated subsection (h), to read as follows:
"(h) Execution may issue immediately upon any fine
and/or cost imposed by the court and not immediately paid.
Such execution may be collected by levy, garnishment, or
any other method authorized by law.
Section 7. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without his
approval.
4740 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 1985 Session of the General Assembly of Georgia, a
bill to amend the charter of the City of Blairsville (Ga. Laws
1984 p. 4967 et. seq.) and for other purposes.
This 21st day of January, 1985.
/s/ Charles Allison
Charles Allison
Mayor
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 Geor-
gia News which is the official organ of Union County, on the
following date: January 24, 1985.
/s/ Carlton H. Colwell
Representative,
4th District
Sworn to and subscribed before me,
this 8th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 28, 1985.
GEORGIA LAWS 1985 SESSION
4741
GWINNETT COUNTY EDUCATIONAL FUNDS; TAX
COMMISSIONER.
No. 453 (House Bill No. 851).
AN ACT
To provide that the tax commissioner of Gwinnett County
shall retain a specified percentage of educational funds collected
by said officer and remit the same to the governing authority
of Gwinnett County to reimburse the county for the cost of
collecting school taxes; to provide for a statement of intention
and the authority for this Act; to provide an effective date; to
repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. The tax commissioner of Gwinnett County shall
remit all educational funds collected by said officer to the Board
of Education of Gwinnett County, except that 1.5 percent of
the funds collected shall be retained by the tax commissioner
and remitted to the governing authority of Gwinnett County
to reimburse the county for the cost of collecting school taxes.
Section 2. It is the intention of this Act to reduce for the
purposes of Gwinnett County school taxes the amount autho-
rized by subsection (a) of Code Section 48-5-404 of the O.C.G.A.
as reimbursement to counties for the collection of school taxes,
and this Act is pursuant to the specific authority of Paragraph
III of Section VI of Article VIII of the Constitution of the State
of Georgia.
Section 3. This Act shall become effective on July 1, 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 given that there will be introduced at the regular
1985 session of the General Assembly of Georgia a bill relative
4742 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
to the reimbursement to Gwinnett County for the collection
of school taxes for the Gwinnett County School District; and
for other purposes.
This 7th day of February, 1985.
/s/ Rep. Bill Goodwin
Honorable Bill Goodwin
Representative,
63rd District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Bill Goodwin, who, on oath,
deposes and says that he is Representative from the 63rd Dis-
trict, and that the attached copy of Notice of Intention to Intro-
duce Local Legislation was published in the Gwinnett Daily
News which is the official organ of Gwinnett County, on the
following date: February 11, 1985.
/s/ Bill Goodwin
Representative,
63rd District
Sworn to and subscribed before me,
this 15th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 28, 1985,
GEORGIA LAWS 1985 SESSION
4743
POLK COUNTY WATER AUTHORITY COMPENSATION.
No. 454 (House Bill No. 853).
AN ACT
To amend an Act creating the Polk County Water Authority,
approved April 14, 1967 (Ga. L. 1967, p. 3108), as amended, so
as to change the provisions relating to the compensation of mem-
bers of the authority; to provide for compensation; to repeal
conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act creating the Polk County Water Author-
ity, approved April 14, 1967 (Ga. L. 1967, p. 3108), as amended,
is amended by striking from Section 2 the following:
"The members of the Authority shall serve without com-
pensation provided that all members shall be reimbursed
for their actual expenses necessarily incurred in the perfor-
mance of their duties. The Authority shall make rules and
regulations for its own government. It shall have perpetual
existence.,
and inserting in lieu thereof the following:
"The members of the Authority shall receive such com-
pensation for their services as shall be fixed by the Authority.
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 gov-
ernment. It shall have perpetual existence.
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
1985 session of the General Assembly of Georgia a bill to amend
4744 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
an Act creating the Polk County Water Authority, approved
April 14, 1967 (Ga. L. 1967, p. 3108), as amended; and for other
purposes.
This 11th day of February, 1985.
Manuel Godfrey
Manager
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Bill Cummings, who, on
oath, deposes and says that he is Representative from the 17th
District, and that the attached copy of Notice of Intention to
Introduce Local Legislation was published in the Cedartown
Standard which is the official organ of Polk County, on the fol-
lowing date: February 14, 1985.
/s/ Bill Cummings
Representative,
17th District
Sworn to and subscribed before me,
this 18th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 28, 1985.
GEORGIA LAWS 1985 SESSION
4745
MOULTRIE-COLQUITT COUNTY DEVELOPMENT
AUTHORITY LOCAL CONSTITUTIONAL AMENDMENTS
CONTINUED.
No. 455 (House Bill No. 854).
AN ACT
To continue in force and effect as a part of the Constitution
of the State of Georgia that constitutional amendment which
was proposed by Resolution Act No. 201 (House Resolution No.
457-1125) of the 1960 General Assembly (Ga. L. 1960, p. 1402)
and which was duly ratified at the 1960 general election, as
amended by Resolution Act No. 15 (House Resolution No. OS-
OS) of the 1964 extraordinary session of the General Assembly
(Ga. L. 1964, Ex. Sess., p. 403), which was duly ratified at the
1964 general election, and as amended by Resolution Act No.
171 (Senate Resolution No. 361) of the 1976 General Assembly
(Ga. L. 1976, p. 1773), which was duly ratified at the 1976 general
election, and which relates to the creation of the Moultrie-Col-
quitt County Development Authority; to provide the authority
for this Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. That constitutional amendment which was pro-
posed by Resolution Act No. 201 (House Resolution No. 457-
1125) of the 1960 General Assembly (Ga. L. 1960, p. 1402) and
which was duly ratified at the 1960 general election, as amended
by Resolution Act No. 15 (House Resolution No. 63-68) of the
1964 extraordinary session of the General Assembly (Ga. L.
1964, Ex. Sess., p. 403), which was duly ratified at the 1964
general election, and as amended by Resolution Act No. 171
(Senate Resolution No. 361) of the 1976 General Assembly (Ga.
L. 1976, p. 1773), which was duly ratified at the 1976 general
election, and which relates to the creation of the Moultrie-Col-
quitt County Development Authority shall not be repealed or
deleted on July II1987, as a part of the Constitution of the
State of Georgia but is specifically continued in force and effect
on and after that date as a part of the Constitution of the State
of Georgia.
4746 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2. This Act is passed pursuant to Article XI, Sec-
tion I, Paragraph IV of the Constitution of the State of Georgia
which authorizes the continuation of certain amendments to
the 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 regular
1985 session of the General Assembly of Georgia a bill to con-
tinue in force and effect as a part of the Constitution of the
State of Georgia that constitutional amendment which was pro-
posed by Resolution Act No. 201 (House Resolution No. 457-
1125) of the 1960 General Assembly (Ga. L. 1960, p. 1402), and
which was duly ratified at the 1960 general election, as amended
by Resolution Act No. 15 (House Resolution No. 63-68) of the
1964 extraordinary session of the General Assembly (Ga. L.
1964, Ex. Sess., p. 403), which was duly ratified at the 1964
general election, and as amended by Resolution Act No. 171
(Senate Resolution No. 361) of the 1976 General Assembly (Ga.
L. 1976, p. 1773), which was duly ratified at the 1976 general
election, and which relates to the creation of the Moultrie-Col-
quitt County Development Authority; to provide for related mat-
ters; and for other purposes.
This 7 day of Feb., 1985.
Hugh D. Matthews
Representative,
145th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Hugh D. Matthews, who,
on oath, deposes and says that he is Representative from the
145th District, and that the attached copy of Notice of Intention
to Introduce Local Legislation was published in the Moultrie
Observer which is the official organ of Colquitt County, on the
following date: February 13, 1985.
/s/ Hugh D. Matthews
Representative,
145th District
GEORGIA LAWS 1985 SESSION
4747
Sworn to and subscribed before me,
this 18th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 28, 1985.
COLQUITT COUNTY BOARD OF EDUCATION; SCHOOL
SUPERINTENDENT; LOCAL CONSTITUTIONAL
AMENDMENT CONTINUED.
No. 456 (House Bill No. 855).
AN ACT
To continue in force and effect as a part of the Constitution
of the State of Georgia that constitutional amendment which
was proposed by Resolution Act No. 129 (House Resolution No.
434-1007) of the 1964 General Assembly (Ga. L. 1964, p. 893),
and which was duly ratified at the 1964 general election and
which relates to providing for the election of members of the
board of education of Colquitt County and the appointment of
the school superintendent by the board; to provide the authority
for this Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. That constitutional amendment which was pro-
posed by Resolution Act No. 129 (House Resolution No. 434-
1007) of the 1964 General Assembly (Ga. L. 1964, p. 893), and
which was duly ratified at the 1964 general election and which
relates to providing for the election of members of the board
of education of Colquitt County and the appointment of the
4748 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
school superintendent by the board shall not be repealed or
deleted on July 1, 1987, as a part of the Constitution of the
State of Georgia but is specifically continued in force and effect
on and after that date as a part of the Constitution of the State
of Georgia.
Section 2. This Act is passed pursuant to Article XI, Sec-
tion I, Paragraph IV of the Constitution of the State of Georgia
which authorizes the continuation of certain amendments to
the 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 regular
1985 session of the General Assembly of Georgia a bill to con-
tinue in force and effect as a part of the Constitution of the
State of Georgia that constitutional amendment which was pro-
posed by Resolution Act No. 129 (House Resolution No. 434-
1007) of the 1964 General Assembly (Ga. L. 1964, p. 893), and
which was duly ratified at the 1964 general election and which
relates to providing for the election of members of the board
of education of Colquitt County and the appointment of the
school superintendent by the board; to provide for related mat-
ters; and for other purposes.
This 7 day of Feb., 1985.
Hugh D. Matthews
Representative,
145th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Hugh D. Matthews, who,
on oath, deposes and says that he is Representative from the
145th District, and that the attached copy of Notice of Intention
to Introduce Local Legislation was published in the Moultrie
Observer which is the official organ of Colquitt County, on the
following date: February 13, 1985.
GEORGIA LAWS 1985 SESSION
4749
/s/ Hugh D. Matthews
Representative,
145th District
Sworn to and subscribed before me,
this 18th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 28, 1985.
WHITFIELD COUNTY BOARD OF ELECTIONS AND
REGISTRATION; CREATED.
No. 458 (House Bill No. 857).
AN ACT
To create a board of elections and registration for Whitfield
County; to provide for the appointment, terms, and qualifica-
tions 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 pow-
ers and duties of the board of elections and registration; to re-
lieve existing boards 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 of elections and registration; to
provide an effective date; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
4750 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 1. There is created in Whitfield County a board
of elections and registration which shall have jurisdiction over
the conduct of primaries and elections in Whitfield County and
shall have jurisdiction over the registration of voters in Whit-
field County.
Section 2. The board of elections and registration in Whit-
field County shall be composed of three members who shall be
appointed by the chief judge of the Superior Court of Whitfield
County. The members of the board shall serve for terms of four
years and until their successors are duly appointed and qualified.
One member shall be elected by the board of elections and regis-
tration from among their numbers to serve as chairman.
Section 3. To be eligible to serve on the board of elections
and registration, an individual must be an elector and resident
of Whitfield County. 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
office.
Section 4. The appointment of each member shall be made
by the chief judge of the Superior Court of Whitfield County
filing an affidavit with the clerk of superior court, no less 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 ap-
pointed as provided in this Act. The clerk of 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. The county governing author-
ity is authorized to reject any such appointment, but if not re-
jected by the county governing authority within 15 days of certi-
fication and notification by the clerk of superior court the
appointment shall be final. 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 appro-
priate 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 for
successive terms and shall have the right to resign at any time
GEORGIA LAWS 1985 SESSION
4751
by giving written notice of resignation to the chief judge of
superior court, the county governing authority, and to the clerk
of 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 chief judge of su-
perior court shall appoint a successor to serve the remainder
of the unexpired term subject to rejection by the county govern-
ing authority as provided for regular appointments. The clerk
of 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 1,1985. Before entering upon the duties
of office, each member shall take substantially the same oath
as required by law for registrars and shall have the same privi-
leges from arrest. The judge of probate court shall administer
the oath of office.
Section 8. The Whitfield County board of elections and
registration shall succeed to all duties and powers granted to
and incumbent upon the election superintendent as defined by
Title 21 of the Official Code of Georgia Annotated as now or
hereinafter amended and shall succeed to all duties and powers
granted to and incumbent upon the chief registrar and county
registrars as defined in Title 21 of the Official Code of Georgia
Annotated as now or hereinafter amended, or both.
Section 9. The board shall be authorized to employ full-
time and part-time employees, including a full-time chief clerk,
as the board shall deem necessary. The county governing author-
ity shall have the right to approve the hiring of any employee.
Section 10. With the consent of the governing authority,
the board of elections and registration shall be authorized to
expend public funds for the purpose of distributing sample bal-
lots, voter information booklets, and other material designed
to adequately inform and instruct electors of the county with
regard to elections.
4752 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 11. Upon the effective date of this Act, the board
of elections and the county board of registrars shall be relieved
from all powers and duties to which the board of elections and
registration 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,
paper, records, and facilities of every kind pertaining to such
powers and duties. Also, at such time, the board of registrars,
the office of chief registrar, and the board of elections shall be
abolished.
Section 12. The chairman of the board of elections and
registration shall be the chief executive officer of the board of
elections and registration and shall generally supervise, direct,
and control the administration of the affairs of the board of
elections and registration pursuant to law and duly adopted
resolutions of the board. The board shall fix and establish by
appropriate resolution entered on its minutes directives govern-
ing the execution of matters within its jurisdiction.
Section 13. Compensation for the chairman and other
members of the board of elections and registration, clerical assis-
tants, and other employees shall be fixed by the board of elec-
tions and registration with the approval of the governing author-
ity of the county. Such compensation shall be paid from county
funds.
Section 14. 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 15. This Act shall become effective July 1, 1985,
except that for purposes of making the initial appointments
of members of the board 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.
Notice is given that there will be introduced at the regular
1985 Session of the General Assembly of Georgia a bill to create
GEORGIA LAWS 1985 SESSION
4753
a board of elections and registration for Whitfield County; to
provide for membership on the board; to provide for the powers
and duties of the board with respect to the registration of voters
and the holding of elections; to provide for related matters; and
for other purposes.
This 18th day of January, 1985.
Roger Williams
State Representative,
District 6, Post 1
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 26, 1985.
/s/ Roger Williams
Representative,
6th District
Sworn to and subscribed before me,
this 18th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 28, 1985.
4754 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
TATTNALL COUNTY INDUSTRIAL DEVELOPMENT
AUTHORITY LOCAL CONSTITUTIONAL AMENDMENT
CONTINUED.
No. 459 (House Bill No. 860).
AN ACT
To continue in force and effect as a part of the Constitution
of the State of Georgia that constitutional amendment creating
the Tattnall County Industrial Development Authority (Res. Act
No. 216; H.R. 484-1037; Ga. L. 1968, p. 1662); to provide the
authority for this Act; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. That constitutional amendment creating the
Tattnall County Industrial Development Authority (Res. Act
No. 216; H.R. 484-1037; Ga. L. 1968, p. 1662) shall not be re-
pealed or deleted on July 1, 1987, as a part of the Constitution
of the State of Georgia but is specifically continued in force
and effect on and after that date as a part of the Constitution
of the State of Georgia.
Section 2. This Act is passed pursuant to Article XI, Sec-
tion I, Paragraph IV of the Constitution of the State of Georgia
which authorizes the continuation of certain amendments to
the 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 regular
1985 session of the General Assembly of Ga. a bill to continue
in force and effect as a part of the constitution of the State of
Ga. that constitutional amendment creating the Tattnall County
GEORGIA LAWS 1985 SESSION
4755
Industrial Development Authority. (Res. Act. No. 216; H. R.
484-1037, GA. L. 1968, p. 1662); and for other purposes.
This 4th day of February, 1985.
Clinton Oliver
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 Jour-
nal which is the official organ of Tattnall County, on the follow-
ing date: February 7, 1985.
/s/ Clinton Oliver
Representative,
121st District
Sworn to and subscribed before me,
this 18th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 28, 1985.
4756 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CITY OF GLENNVILLE MAYOR AND COUNCIL;
ELECTIONS.
No. 460 (House Bill No. 862).
AN ACT
To amend an Act creating a new charter for the City of
Glennville, approved August 21, 1911 (Ga. L. 1911, p. 1228),
as amended, so as to provide for election of the mayor and coun-
cil; to provide for wards for the purpose of electing members
of the city council; to repeal conflicting laws; and for other pur-
poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act creating a new charter for the City of
Glennville, approved August 21, 1911 (Ga. L. 1911, p. 1228),
as amended, is amended by striking Section 4 and inserting
in lieu thereof a new Section 4 to read as follows:
''Section 4. Except as hereinafter provided, elections for
mayor and council of the City of Glennville shall be held
biennially on the second Wednesday in December at the
city hall or council chamber. All of said officers shall serve
for terms of two years each and until their successors are
duly elected and qualified. At the election to be held for
two councilmen in 1954, said councilmen shall be elected
for terms of one year each and until their successors are
duly elected and qualified. At the election to be held for
mayor and four councilmen thereafter, a mayor and council-
men shall be elected for terms of two years each, and until
their successors are duly elected and qualified. The mayor
shall be elected by a plurality of the consolidated vote of
the entire city. The councilmen shall be elected by a plurality
of the consolidated vote of the qualified electors voting within
their respective wards. Any person desiring to become a can-
didate for municipal office shall file notice of such persons
candidacy with the mayor no later than 12:00 oclock Noon
on the 15th day preceding the regular election therefor.
GEORGIA LAWS 1985 SESSION
4757
Section 2. Said Act is further amended by striking Section
34 and inserting in lieu thereof a new Section 34 to read as
follows:
"Section 34. (a) For the purpose of electing council-
men, the City of Glennville is divided into four wards consist-
ing of the following territory:
Ward 1
Beginning where Loves Chapel Road intersects the
northern city limits; southeast and south along Loves
Chapel Road to Barnard Street (Georgia 23); southeast
along Barnard Street to Hencart Road; northeast along
Hencart Road to Mann Street; southeast along Mann
Street to Main Street (U.S. 25-301); northeast along Main
Street (U.S. 25-301) to its intersection with the northern
city limits; and west along the city limits to the point
of beginning.
Ward 2
Beginning where Main Street (U.S. 25-301) intersects
the northern city limits; southwest along Main Street
(U.S. 25-301) to Barnard Street; southeast along Barnard
Street (Georgia 144) to Herrington Street; southwest
along Herrington Street to Howard Street; southeast
along Howard Street to Barnard Street (Georgia 144);
southeast along Barnard Street (Georgia 144) to its inter-
section with the eastern city limits; and north and west
along the city limits to the point of beginning.
Ward 3
Beginning where Barnard Street (Georgia 144) inter-
sects the eastern city limits; northwest along Barnard
Street (Georgia 144) to Howard Street; northwest along
Howard Street to Herrington Street; northeast along
Herrington Street to Barnard Street (Georgia 144); north-
west along Barnard Street to Main Street (U.S. 25-301);
4758 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
southwest one block along Main Street to an unnamed
alley; northwest along this unnamed alley to Church
Street; southwest along Church Street to Water Street;
northwest along Water Street to Kennedy Street; south-
west along Kennedy Street to Gordon Street; southeast
along Gordon Street to Main Street (U.S. 25-301); south-
west along Main Street (U.S. 25-301) to Oliver Lane;
southeast and south along Oliver Lane to Lakeview
Drive; west and southwest along Lakeview Drive to Pecan
Road; southeast along Pecan Road to the southern city
limits; and east and north along the city limits to the
point of beginning.
Ward 4
Beginning where Pecan Road intersects the southern
city limits; northwest along Pecan Road to Lakeview
Drive; northeast and east along Lakeview Drive to Oliver
Lane; north and northwest along Oliver Lane to Main
Street (U.S. 25-301); northeast along Main Street (U.S.
25-301) to Gordon Street; northwest along Gordon Street
to Kennedy Street; northeast along Kennedy Street to
Water Street; southeast along Water Street to Church
Street; northeast along Church Street to an unnamed
alley; southeast along this unnamed alley to Main Street
(U.S. 25-301); northeast along Main Street (U.S. 25-301)
to Mann Street; northwest along Mann Street to Hencart
Road; southwest along Hencart Road to Barnard Street
(Georgia 23); northwest along Barnard Street (Georgia
23) to Loves Chapel Road; north and northwest along
Loves Chapel Road to the northern city limits; and west,
south, northwest, southwest, west, south, east, south,
southeast, and east along the city limits to the point of
beginning.
(b) Any candidate offering for election as a member of
the city council shall designate the ward from which such
candidate seeks election and shall be elected by the qualified
electors of the city residing within such ward.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
GEORGIA LAWS 1985 SESSION
4759
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the Regular
1985 Session of the General Assembly of Georgia a Bill to am-
mend an Act creating a new Charter for the City of Glennville,
approved August 21st, 1911 (Ga. L. 1911, p. 1228), as amended,
so as to change the provisions relating to the Council Districts;
and for other purposes.
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 Tattnall Jour-
nal which is the official organ of Tattnall County, on the follow-
ing date: February 14, 1985.
/s/ Clinton Oliver
Representative,
121st District
Sworn to and subscribed before me,
this 18th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 28, 1985.
4760 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
TATTNALL COUNTY BOARD OF EDUCATION;
ELECTIONS; COMPENSATION.
No. 461 (House Bill No. 863).
AN ACT
To amend an Act providing for elections of members of the
board of education of Tattnall County, approved February 29,
1968 (Ga. L. 1968, p. 2077), as amended by an Act approved
February 28, 1969 (Ga. L. 1969, p. 2135), and an Act approved
April 17,1973 (Ga. L. 1973, p. 2960), so as to provide for members
of the board; to provide for elections; to provide for vacancies;
to provide for oaths of office; to provide for officers; to provide
for meetings; to provide for a quorum and certain rules of proce-
dure; to provide for compensation; to provide for powers and
duties; to provide for districts; to provide that such board shall
be the successor to the previous board; to provide for other mat-
ters relative to the foregoing; to provide an effective date; to
repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act providing for elections of members of
the board of education of Tattnall County, approved February
29, 1968 (Ga. L. 1968, p. 2077), as amended by an Act approved
February 28, 1969 (Ga. L. 1969, p. 2135), and an Act approved
April 17, 1973 (Ga. L. 1973, p. 2960), is amended by striking
Sections 1 through 6 and inserting in lieu thereof new Sections
1 through 3 to read as follows:
"Section 1. (a) Board of education. A Board of Educa-
tion of Tattnall County is created to consist of six members,
one of whom shall be chairman and each of whom shall
be elected to office as provided in this section. Each member
shall be a qualified voter and shall have resided in the district
from which such member is elected for a period of not less
than six months prior to the time that such member qualifies
for election. Each member shall serve a term of four years
and shall be eligible to succeed in office.
(b) Method of election.
GEORGIA LAWS 1985 SESSION
4761
(1) The chairman of the board shall be elected by
a majority vote of the qualified voters of the entire county
pursuant to Chapter 2 of Title 21 of the O.C.G.A., the
'Georgia Election Code, as amended. The chairman shall
be a resident and qualified voter of Tattnall County and
shall have resided in the county for a period not less
than one year prior to the time that such person qualifies
for election.
(2) The other five members shall qualify for election
in the education district in which such member resides
and shall be elected by a majority vote of the qualified
voters of such education district as the districts are set
out in Section IB. Only residents of a district may vote
in the primary and general elections for candidates for
members from that district.
(c) Election of members. All members shall be elected
at the general election immediately preceding the expiration
of their respective terms of office of four years and until
their successors are elected, qualified, and take office on the
first Monday in January immediately following their elec-
tion. The members of the board in office on January 1,1985,
shall continue to serve until the expiration of their terms
and until their successors are elected and qualified.
(d) Vacancies. Vacancies occurring on the board which
occur within the first two years of a term of office shall be
filled by the remaining members of the board electing a
successor to serve until the next general election at which
time a successor shall be elected to serve out the unexpired
term of office. Vacancies occurring during the last two years
of a term of office shall be filled by the remaining members
of the board electing a successor to serve out the unexpired
term of office. In the event a member moves such members
residence from the district such member represents, a va-
cancy shall exist from such district and shall be filled in
the same manner as other vacancies are filled.
(e) Oath of office. All members, before entering upon
their duties as such, shall take an oath on the faithful and
diligent performance of their duties as members before the
judge of the Probate Court of Tattnall County.
4762 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(f) Officers. At the first meeting of the board held during
January of each year, or at such other times as vacancies
in office may necessitate, the board shall elect such officers,
other than the chairman, as they deem necessary to serve
for the ensuing calendar year. The chairman shall be entitled
to vote only in cases of a tie.
(g) Salaries and expenses. Members shall receive as
compensation for their services as members the sum of
$75.00 per month. The chairman shall receive as compensa-
tion for his services the sum of $150.00.
Section 2. (a) Education districts. Tattnall County is
divided into five education districts for purposes of identify-
ing the districts from which members are to be elected and
to adequately identify and mark the lines and boundaries
of said districts so that the voters residing in such districts
may properly identify their correct place of voting. The dis-
trict shall be numbered and the boundaries described as
follows:
District 1
Beginning at the point where C.R. 468 intersects the
Tattnall County-Evans County line; southwest along C.R.
468 to C.R. 474; northwest along C.R. 474 to C.R. 167;
southwest along C.R. 167 to C.R. 164; northwest along
C.R. 164 to C.R. 443; west along C.R. 443 to C.R. 165;
southwest along C.R. 165 to the Tattnall County-Toombs
County line (the Ohoopee River); and northwest, easterly,
and southeast along the Tattnall County line to the point
of beginning.
District 2
Beginning at the point where C.R. 468 intersects the
Tattnall County-Evans County line; southwest along C.R.
468 to C.R. 474; northwest along C.R. 474 to C.R. 167;
southwest along C.R. 167 to C.R. 164; northwest along
C.R. 164 to C.R. 443; west along C.R. 443 to C.R. 165;
GEORGIA LAWS 1985 SESSION
4763
southwest along C.R. 165 to the Tattnall County-Toombs
County line (the Ohoopee River); southwest along the
Tattnall County line to Georgia 147-178; east and north-
east along Georgia 147 to the Ohoopee River; southeast
along the Ohoopee River to C.R. 196; northeast and north-
west along C.R. 196 into Reidsville (College Avenue) to
Oak Street; southwest along Oak Street to Smith Avenue;
north along Smith Avenue to Brumby Avenue; northeast
along Brumby Avenue to James Street; southeast along
James Street to Coleman Street; northeast along Cole-
man Street to Church Street; southeast along Church
Street to Main Street (Georgia 23-121); north along Main
Street to Brumby Avenue; northeast along Brumby Ave-
nue to Alexander Avenue; southeast along Alexander
Avenue to Lloyd Street; northeast along Lloyd Street
to the Reidsville City Limits; southeast and southwest
along the Reidsville City Limits to Chandler Avenue (C.R.
200); southeast along C.R. 200 to C.R. 476; northeast
along C.R. 476 to the Tattnall County-Evans County line;
and northwest along the Tattnall County line to the point
of beginning.
District 3
Beginning at the point where C.R. 476 intersects the
Tattnall County-Evans County line; southwest along C.R.
476 to C.R. 235; southwest along C.R. 235 to C.R. 236;
south along C.R. 236 to Georgia 23; southeast along Geor-
gia 23 to Battle Creek; northeast along Battle Creek to
C.R. 257; south and southeast along C.R. 257 to C.R. 284;
southwest along C.R. 284 to C.R. 285; south along C.R.
285 to C.R. 287; southeast along C.R. 287 to Watermelon
Creek; northeast along Watermelon Creek to C.R. 276;
southeast along C.R. 276 to C.R. 288; northeast and north-
west along C.R. 288 to Georgia 169; northeast along Geor-
gia 169 to Georgia 23; southeast along Georgia 23 to C.R.
422; east along C.R. 422 to C.R. 417; north along C.R.
417 to C.R. 413; east along C.R. 413 to C.R. 396; northeast
along C.R. 396 to C.R. 404; northeast, east, and south
along C.R. 404 to C.R. 406; west along C.R. 406 to C.R.
408; south along C.R. 408 to the Glennville City Limits;
4764 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
east along the Glennville City Limits to U.S. 25-301/
Georgia 73 (Main Street); southwest into Glennville along
Main Street to Barnard Street (Georgia 23-144); south-
east along Barnard Street to Rosemont Street; southwest
along Rosemont Street to the Glennville City Limits;
southwest and northwest along the Glennville City Lim-
its to Main Street (U.S. 25-301/Georgia 23); southwest
along U.S. 25-301/Georgia 23 to C.R. 322; northwest
along C.R. 322 to Mushmelon Creek; southwest along
Mushmelon Creek to C.R. 314; east, northeast, and south-
east along C.R. 314 to C.R. 326; northeast along C.R.
326 to U.S. 25-301/Georgia 23; southeast along U.S. 25-
301/Georgia 23 to the Tattnall County-Long County Line
(Beards Creek); and northeast, west, and northwest along
the Tattnall County line to the point of beginning.
District 4
Beginning at the intersection of Church Street and
Main Street (Georgia 23-121) in Reidsville; north along
Main Street to Brumby Avenue; northeast along Brumby
Avenue to Alexander Avenue; southeast along Alexander
Avenue to Lloyd Street; northeast along Lloyd Street
to the Reidsville City Limits; southeast and southwest
along the Reidsville City Limits to Chandler Avenue (C.R.
200); southeast along C.R. 200 to C.R. 476; northeast
along C.R. 476 to C.R. 235; southwest along C.R. 235 to
C.R. 236; south along C.R. 236 to Georgia 23; southeast
along Georgia 23 to Battle Creek; northeast along Battle
Creek to C.R. 257; south and southeast along C.R. 257
to C.R. 284; southwest along C.R. 284 to C.R. 285; south
along C.R. 285 to C.R. 287; southeast along C.R. 287 to
Watermelon Creek; northeast along Watermelon Creek
to C.R. 276; southeast along C.R. 276 to C.R. 288; north-
east and northwest along C.R. 288 to Georgia 169; north-
east along Georgia 169 to Georgia 23; southeast along
Georgia 23 to C.R. 422; east along C.R. 422 to C.R. 417;
north along C.R. 417 to C.R. 413; east along C.R. 413
to C.R. 396; northeast along C.R. 396 to C.R. 404; north-
east, east, and south along C.R. 404 to C.R. 406; west
along C.R. 406 to C.R. 408; south along C.R. 408 to the
Glennville City Limits; east along the Glennville City
Limits to U.S. 25-301/Georgia 73 (Main Street); south-
west into Glennville along Main Street to Barnard Street
GEORGIA LAWS 1985 SESSION
4765
(Georgia 23-144); northwest along Barnard Street to
Church Street; northeast along Church Street to Mann
Street; northwest along Mann Street to Hencart Road;
southwest along Hencart Road to Barnard Street (Geor-
gia 23-144); northwest along Barnard Street to Loves Cha-
pel Road; northwest along Loves Chapel Road to the
Glennville City Limits; west, southwest, northwest,
southwest, and northwest along the Glennville City Lim-
its to C.R. 418; west along C.R. 418 to C.R. 417; south
along C.R. 417 to Georgia 144; west and southwest along
Georgia 144 to Georgia 121-169; northwest along Georgia
121 to C.R. 277; northeast along C.R. 277 to C.R. 278;
southeast along C.R. 278 to C.R. 279; northeast, east,
and north along C.R. 279 to C.R. 286; southeast along
C.R. 286 to C.R. 283; northeast along C.R. 283 to C.R.
280; northwest along C.R. 280 to C.R. 277; west along
C.R. 277 to C.R. 478; north and northeast along C.R. 478
to C.R. 276; northwest along C.R. 276 to C.R. 269; south-
west, west, and northwest along C.R. 269 to Georgia 121;
north along Georgia 121 to C.R. 267; west along C.R.
267 to C.R. 264; north, west, northwest, and northeast
along C.R. 264 to C.R. 263; northwest along C.R. 263 to
the eastern branch of Thomas Creek; southwest, north-
west, and southwest along the eastern branch of Thomas
Creek to the main channel of Thomas Creek; north along
the main channel of Thomas Creek to C.R. 259; west
along C.R. 259 to C.R. 196; northeast and northwest along
C.R. 196 into Reidsville (College Avenue) to Oak Street;
southwest along Oak Street to Smith Avenue; north
along Smith Avenue to Brumby Avenue; northeast along
Brumby Avenue to James Street; southeast along James
Street to Coleman Street; northeast along Coleman
Street to Church Street; and southeast along Church
Street to the point of beginning.
District 5
Beginning at the point where Georgia 147-178 crosses
the Tattnall County-Toombs County line; southwest,
southeast, and northeast along the Tattnall County line
to U.S. 25-301/Georgia 23; northwest along U.S. 25-301/
Georgia 23 to C.R. 326; southwest along C.R. 326 to C.R.
314; northwest, southwest, and west along C.R. 314 to
Mushmelon Creek; northeast along Mushmelon Creek
4766 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
to C.R. 322; southeast along C.R. 322 to U.S. 25-301/Geor-
gia 23; northeast along U.S. 25-301/Georgia 23 to the
Glennville City Limits; southeast and northeast along
the Glennville City Limits to Rosemont Street; northeast
into Glennville along Rosemont Street to Barnard Street
(Georgia 144); northwest along Barnard Street to Church
Street; northeast along Church Street to Mann Street;
northwest along Mann Street to Hencart Road; south-
west along Hencart Road to Barnard Street (Georgia 23-
144); northwest along Barnard Street to Loves Chapel
Road; northwest along Loves Chapel Road to the Glenn-
ville City Limits; west, southwest, northwest, southwest,
and northwest along the Glennville City Limits to C.R.
418; west along C.R. 418 to C.R. 417; south along C.R.
417 to Georgia 144; west and southwest along Georgia
144 to Georgia 121-169; northwest along Georgia 121 to
C.R. 277; northeast along C.R. 277 to C.R. 278; southeast
along C.R. 278 to C.R. 279; northeast, east, and north
along C.R. 279 to C.R. 286; southeast along C.R. 286 to
C.R. 283; northeast along C.R. 283 to C.R. 280; northwest
along C.R. 280 to C.R. 277; west along C.R. 277 to C.R.
478; north and northeast along C.R. 478 to C.R. 276;
northwest along C.R. 276 to C.R. 269; southwest, west,
and northwest along C.R. 269 to Georgia 121; north along
Georgia 121 to C.R. 267; west along C.R. 267 to C.R. 264;
north, west, northwest, and northeast along C.R. 264 to
C.R. 263; northwest along C.R. 263 to the eastern branch
of Thomas Creek; southwest, northwest, and southwest
along the eastern branch of Thomas Creek to the main
channel of Thomas Creek; north along the main channel
of Thomas Creek to C.R. 259; west along C.R. 259 to C.R.
196; southwest along C.R. 196 to the Ohoopee River;
northwest along the Ohoopee River to Georgia 147; and
southwest and west along Georgia 147 to the point of
beginning.
(b) New districts. The education districts created and
described in this section reflect the census count of county
population as compiled by the United States Census Bureau
for the year 1980. Upon completion of future census counts
as done by the United States Census Bureau, the board is
authorized to make necessary changes and adjustments in
the boundaries of the education districts of Tattnall County
so that all road districts are substantially equalized in popu-
GEORGIA LAWS 1985 SESSION
4767
lation in order to comply with the United States Constitution
and the federal Voting Rights Act of 1965.
Section 3. The board of education created by this Act
shall be the successor to all the rights, powers, duties, and
obligations of the old Tattnall County Board of Education
and shall be subject to all constitutional and statutory provi-
sions relating to county boards of education.
Section 2. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without his
approval.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Notice of Local Legislation.
Notice is hereby given that at the January, 1985, session
of the General Assembly of the State of Georgia, a Bill will
be introduced and passage sought the same, providing for the
number and composition of the Board of Education of Tattnall
County, Georgia, providing for the creation of new education
districts for Tattnall County, Georgia; describing the area and
boundaries of said education districts; providing for the election
of the members of the Tattnall County Board of Education; to
set their salaries and terms of office and for other purposes.
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 Tattnall Jour-
nal which is the official organ of Tattnall County, on the follow-
ing date: January 31, 1985.
/s/ Clinton Oliver
Representative,
121st District
4768 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 18th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 28, 1985.
TOWNS COUNTY OFFICE OF TREASURER ABOLISHED.
No. 462 (House Bill No. 869).
AN ACT
To abolish the office of treasurer of Towns 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 office of treasurer of Towns County shall
be abolished as of January 1, 1989. If the office of treasurer of
Towns County becomes vacant for any reason prior to January
1,1989, such vacancy shall not be filled and the office of treasurer
of said county shall be abolished as of the date of such vacancy.
Section 2. The governing authority of Towns County is
authorized to designate an employee of the county or some other
person to perform the duties of treasurer when such office is
abolished pursuant to Section 1 of this Act. Such employee or
other 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.
GEORGIA LAWS 1985 SESSION
4769
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 1985 Session of the General Assembly of Georgia, a
bill to abolish the office of Treasurer of Towns County and for
other purposes.
This 4th day of February, 1985.
Ralph Twiggs
Representative,
4th District, Post 2
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 follow-
ing date: February 14, 1985.
/s/ Ralph Twiggs
Representative,
4th District
Sworn to and subscribed before me,
this 18th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 28, 1985.
4770 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
MADISON COUNTY CLERK OF THE SUPERIOR COURT;
JUDGE OF THE PROBATE COURT; TAX COMMISSIONER;
COMPENSATION; PERSONNEL; BUDGETS.
No. 463 (House Bill No. 897).
AN ACT
To amend an Act abolishing the present mode of compensat-
ing the clerk of the superior court, the judge of the probate
court, the tax commissioner, and the coroner of Madison County,
known as the fee system, and providing in lieu thereof annual
salaries for such officers, approved March 31,1965 (Ga. L. 1965,
p. 3068), as amended, so as to change the compensation of the
clerk of the superior court, the judge of the probate court, and
the tax commissioner; to provide for certain additional compen-
sation; to provide for the compensation of the office personnel
of such offices; to provide for necessary operating expenses; to
provide for preparation of a budget of expenditures by certain
county officers; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act abolishing the present mode of compen-
sating the clerk of the superior court, the judge of the probate
court, the tax commissioner, and the coroner of Madison County,
known as the fee system, and providing in lieu thereof annual
salaries for such officers, approved March 31,1965 (Ga. L. 1965,
p. 3068), as amended, is amended by striking Sections 2, 3, and
4 and inserting in lieu thereof new Sections 2, 3, and 4, respec-
tively, to read as follows:
"Section 2. The clerk of the superior court shall receive
an annual salary of not less than the minimum amount of
annual salary as set by Article 2 of Chapter 6 of Title 15
of the O.C.G.A. covering the clerk of superior court payable
in equal monthly installments from the funds of Madison
County.
Section 3. The probate judge shall receive an annual
salary of not less than the minimum amount of annual salary
GEORGIA LAWS 1985 SESSION
4771
as set by Article 3 of Chapter 9 of Title 15 of the O.C.G.A.
covering the probate judge payable in equal monthly install-
ments from the funds of Madison County.
Section 4. The tax commissioner shall receive an an-
nual salary of not less than the minimum amount of annual
salary as set by Part 3 of Article 3 of Chapter 5 of Title
48 of the O.C.G.A. covering the tax commissioner payable
in equal monthly installments from the funds of Madison
County.
Section 2. Said Act is further amended by striking Section
8 and inserting in lieu thereof new Sections 8, 8A, 8B, and 8C
to read as follows:
"Section 8. In addition to the salary provided for in
Section 2 of this Act for said officer, the clerk of superior
court of Madison County shall receive an amount of funds
as is unanimously agreed upon by all three members of the
board of commissioners in their sole discretion to be used
by said officer only for the purpose of compensating person-
nel employed within such office. If the board of commission-
ers cannot unanimously agree on the amount of funds, the
clerk of superior court shall receive only the amount of funds
budgeted during the previous calendar year for the purpose
of compensating personnel employed within her office. For
the year in which this Act becomes effective, the board of
commissioners must unanimously agree upon the amount
of funds to be received by the clerk of superior court for
the remainder of the year only for the purpose of compensat-
ing personnel employed within such office. The clerk of supe-
rior court shall set the salary received by each employee
in such office within the amount of money received by such
office from the board of commissioners for that purpose. The
clerk of superior court shall notify the chairman of the board
of commissioners not later than July 15 of each year of the
requested salary of each employee for the coming year. The
employees salary shall then be paid from the funds of Madi-
son County through the office of the board of commissioners
to each employee in equal monthly installments.
Section 8A. In addition to the salary provided for in
Section 3 of this Act for said officer, the probate judge of
4772 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Madison County shall receive an amount of funds as is unani-
mously agreed upon by all three members of the board of
commissioners in their sole discretion to be used by said
officer only for the purpose of compensating personnel em-
ployed within such office. If the board of commissioners can-
not unanimously agree on the amount of funds, the probate
judge shall receive only the amount of funds budgeted during
the previous calendar year for the purpose of compensating
personnel employed within such office. For the year in which
this Act becomes effective, the board of commissioners must
unanimously agree upon the amount of funds to be received
by the probate judge for the remainder of the year only
for the purpose of compensating personnel employed within
such office. The probate judge court shall set the salary re-
ceived by each employee in such office within the amount
of money received by such office from the board of commis-
sioners for that purpose. The probate judge shall notify the
chairman of the board of commissioners not later than July
15 of each year of the requested salary of each employee
for the coming year. The employees salary shall then be
paid from the funds of Madison County through the office
of the board of commissioners to each employee in equal
monthly installments.
Section 8B. In addition to the salary provided for in
Section 4 of this Act for said officer, the tax commissioner
of Madison County shall receive an amount of funds as is
unanimously agreed upon by all three members of the board
of commissioners in their sole discretion to be used by said
officer only for the purpose of compensating personnel em-
ployed within such office. If the board of commissioners can-
not unanimously agree on the amount of funds, the tax com-
missioner shall receive only the amount of funds budgeted
during the previous calendar year for the purpose of compen-
sating personnel employed within such office. For the year
in which this Act becomes effective, the board of commission-
ers must unanimously agree upon the amount of funds to
be received by the tax commissioner for the remainder of
the year only for the purpose of compensating personnel
employed within such office. The tax commissioner shall set
the salary received by each employee in such office within
the amount of money received by such office from the board
of commissioners for that purpose. The tax commissioner
GEORGIA LAWS 1985 SESSION
4773
shall notify the chairman of the board of commissioners not
later than July 15 of each year of the requested salary of
each employee for the coming year. The employees salary
shall then be paid from the funds of Madison County through
the office of the board of commissioners to each employee
in equal monthly installments.
Section 8C. In addition to the salaries provided under
Sections 2, 3, and 4 of this Act, such officers shall receive
as compensation for such additional duties and services as
are required to be performed by such officers under other
applicable general or local laws the amount provided for
in such general or local laws.
Section 3. Said Act is further amended by striking Section
10 and inserting in lieu thereof a new Section 10 to read as
follows:
"Section 10. The necessary operating expenses of each
of said offices, expressly including the compensation of all
nonelected personnel and employees, shall be paid from any
funds of the county available for such purpose. All supplies,
materials, furnishings, furniture, utilities, vehicles, and
equipment, and the repair, replacement, and maintenance
thereof, as may be reasonably required in discharging the
official duties of each of said offices, shall be furnished by
the county and shall be paid from any funds of the county
available for such purpose.
Section 4. Said Act is further amended by striking Section
11 and inserting in lieu thereof a new Section 11 to read as
follows:
"Section 11. (a) The fiscal year of the above-named
county offices shall commence January 1 and end on Decem-
ber 31 of each year. At such time as is designated for the
preparation of county budgets, but in any event no later
than September 15 of each year, each of said officers shall
certify to the governing authority of Madison County a pro-
posed budget of expenditures for carrying out the powers,
duties, and operations of such office for the ensuing fiscal
year. Said officer shall submit with such officers proposed
budgets a sworn certificate, stating that the proposed expen-
4774 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ditures are reasonable and necessary for the proper and effi-
cient operation of such office for the ensuing year. Each pro-
posed budget shall show the estimated amounts of all pro-
posed expenditures for operating and equipping the officers
office, other than construction, repair, or capital improve-
ment of county buildings during said fiscal year. Each of
said officers shall furnish the governing authority of Madison
County all relevant and pertinent information concerning
expenditures made in previous years and to the proposed
expenditures which said governing authority shall deem nec-
essary.
(b) The governing authority of the county may require
each of said officers to correct mathematical, mechanical,
factual, and clerical errors, and errors as to form in the
proposed budgets. Not later than October 15 of each year,
the governing authority may amend, modify, increase, or
reduce any or all items of expenditure in the proposed bud-
get. Said budget as fixed by the governing authority shall
be the budget for the office for which it was submitted for
the ensuing fiscal year, and all expenses connected with said
office shall be paid from county funds in accordance with
said budgetary provisions. All purchases required by the of-
fice shall be made in accordance with procedures prescribed
by the board of commissioners for other purchases made
by the county.
Section 5. All laws and parts of laws in conflict with this
Act are repealed.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular
1985 session of the General Assembly of Georgia a bill to amend
an Act regarding the office of Tax Commissioner of Madison
County (Ga. L. 1965, p. 3068), as amended (Ga. L. 1968, p. 3550)
and as further amended (Ga. L. 1976, p. 2544) so as to change
the compensation of the Tax Commissioner; change the compen-
sation of employees in the Tax Commissioners office; change
the budget procedures for the operating expenses of the Tax
Commissioners office; change the budget procedure; and for
other purposes.
GEORGIA LAWS 1985 SESSION
4775
This 5th day of February, 1985.
Bill Madden
Chairman of Board of
Commissioners
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Louie Max Clark, who,
on oath, deposes and says that he is Representative from the
13th District, and that the attached copy of Notice of Intention
to Introduce Local Legislation was published in the Danielsville
Monitor which is the official organ of Madison County, on the
following date: February 15, 1985.
/s/ Louie Max Clark
Representative,
13th District
Sworn to and subscribed before me,
this 19th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular
1985 session of the General Assembly of Georgia a bill to amend
an Act regarding the office of Probate Court of Madison County
(Ga. L. 1965, p. 3068), as amended (Ga. L. 1968, p. 3550) and
as further amended (Ga. L. 1972, p. 2687) so as to change the
compensation of the Probate Judge; change the compensation
of the personnel in the Probate Judges office: change the budget
procedures for operating expenses; change the budget procedure;
and for other purposes.
This 5th day of February, 1985.
4776 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Bill Madden
Chairman of Board
of Commissioners
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Louie Max Clark, who,
on oath, deposes and says that he is Representative from the
13th District, and that the attached copy of Notice of Intention
to Introduce Local Legislation was published in the Danielsville
Monitor which is the official organ of Madison County, on the
following date: February 15, 1985.
/s/ Louie Max Clark
Representative,
13th District
Sworn to and subscribed before me,
this 19th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular
1985 session of the General Assembly of Georgia a bill to amend
an Act regarding the office of Clerk of Superior Court of Madison
County (Ga. L. 1965, p. 3068), as amended (Ga. L. 1968, p. 3550)
so as to change the salary of the Clerk; change the compensation
of employees in the Clerks Office; change the budget procedures
for the operating expenses of the Clerks office; change the bud-
get procedure; and for other purposes.
This 5th day of February, 1985.
Bill Madden
Chairman of Board
of Commissioners
GEORGIA LAWS 1985 SESSION
4777
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Louie Max Clark, who,
on oath, deposes and says that he is Representative from the
13th District, and that the attached copy of Notice of Intention
to Introduce Local Legislation was published in the Danielsville
Monitor which is the official organ of Madison County, on the
following date: February 15, 1985.
/s/ Louie Max Clark
Representative,
13th District
Sworn to and subscribed before me, this 19th day of Febru-
ary, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 28, 1985.
MADISON COUNTY SHERIFF; COMPENSATION;
PERSONNEL; BUDGETS.
No. 464 (House Bill No. 898).
AN ACT
To amend an Act abolishing the present mode of compensat-
ing the sheriff of Madison County, known as the fee system,
and providing in lieu thereof an annual salary for said officer,
approved March 30, 1965 (Ga. L. 1965, p. 2962), as amended
by an Act approved April 6, 1967 (Ga. L. 1967, p. 2940), an
Act approved April 11, 1968 (Ga. L. 1968, p. 3649), and an Act
approved March 12, 1970 (Ga. L. 1970, p. 2572), so as to change
the compensation of the sheriff; to change the additional funds
the sheriff shall receive to compensate his employees; to provide
for certain salary increases; to provide for operating expenses;
4778 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
to provide for preparation of a budget of expenditures for the
office of the sheriff; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act abolishing the present mode of compen-
sating the sheriff of Madison County, known as the fee system,
and providing in lieu thereof an annual salary for said officer,
approved March 30, 1965 (Ga. L. 1965, p. 2962), as amended
by an Act approved April 6, 1967 (Ga. L. 1967, p. 2940), an
Act approved April 11, 1968 (Ga. L. 1968, p. 3649), and an Act
approved March 12, 1970 (Ga. L. 1970, p. 2572), is amended
by striking Section 2 and inserting in lieu thereof a new Section
2 to read as follows:
"Section 2. The sheriff shall receive an annual salary
of not less than the minimum amount of annual salary as
provided for in Chapter 16 of Title 15 of the O.C.G.A. Such
salary shall be payable in equal monthly installments from
the funds of Madison County. In addition to such salary,
the sheriff shall receive as compensation for such additional
duties and services as are required to be performed by the
sheriff under other applicable general or local laws the
amount provided for in such general or local laws.
Section 2. Said Act is further amended by striking Section
4 and inserting in lieu thereof a new Section 4 to read as follows:
"Section 4. In addition to the salary provided in Section
2 of this Act, the sheriff of Madison County shall receive
an amount of funds as is unanimously agreed upon by all
three members of the board of commissioners in their sole
discretion to be used by said officer only for the purpose of
compensating personnel employed within his office. If the
board of commissioners cannot unanimously agree on the
amount of funds, the sheriff shall receive only the amount
of funds budgeted during the previous calendar year for the
purpose of compensating personnel employed within his of-
fice. For the year in which this Act becomes effective, the
board of commissioners must unanimously agree upon the
amount of funds to be received by the sheriff for the remain-
der of the year only for the purpose of compensating person-
GEORGIA LAWS 1985 SESSION
4779
nel employed within his office. The sheriff shall set the salary
received by each employee in his office within the amount
of money received by his office from the board of commission-
ers for that purpose. The sheriff shall notify the chairman
of the board of commissioners not later than July 15 of each
year of the requested salary of each employee for the coming
year. The employees salary shall then be paid from the
funds of Madison County through the office of the board of
commissioners to each employee in equal monthly install-
ments.
Section 3. Said Act is further amended by striking Section
6 and inserting in lieu thereof a new Section 6 to read as follows:
"Section 6. The necessary operating expenses of the
sheriffs office, expressly including the compensation of all
nonelected personnel and employees, shall be paid from any
funds of the county available for such purpose. All supplies,
materials, furnishings, furniture, utilities, vehicles, and
equipment, and the repair, replacement, and maintenance
thereof, as may be reasonably required in discharging the
official duties of said office, shall be furnished by the county
and shall be paid from any funds of the county available
for such purpose.
Section 4. Said Act is further amended by striking Section
7 and inserting in lieu thereof a new Section 7 to read as follows:
"Section 7. (a) The fiscal year of the office of the sheriff
shall commence January 1 and end on December 31 of each
year. At such time as is designated for the preparation of
county budgets, but in any event no later than September
15 of each year, said officer shall certify to the governing
authority of Madison County a proposed budget of expendi-
tures for carrying out the powers, duties, and operations
of such office for the ensuing fiscal year. Said officer shall
submit with such officers proposed budgets such officers
sworn certificate, stating that the proposed expenditures are
reasonable and necessary for the proper and efficient opera-
tion of such office for the ensuing year. Each proposed budget
shall show the estimated amounts of all proposed expendi-
tures for operating and equipping the officers office, other
than construction, repair, or capital improvement of county
4780 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
buildings during said fiscal year. Said officer shall furnish
to the governing authority of Madison County all relevant
and pertinent information concerning expenditures made
in previous years and for the proposed expenditures which
said governing authority shall deem necessary.
(b) The governing authority of the county may require
said officer to correct mathematical, mechanical, factual, and
clerical errors and errors as to form in the proposed budgets.
Not later than October 15 of each year, the governing author-
ity may amend, modify, increase, or reduce any or all items
of expenditure in the proposed budget. Said budget as fixed
by the governing authority shall be the budget for the office
for the ensuing fiscal year, and all expenses connected with
said office shall be paid from county funds in accordance
with said budgetary provisions. All purchases required by
the office shall be made in accordance with procedures pre-
scribed by the board of commissioners for other purchases
made by the county.
Section 5. All laws and parts of laws in conflict with this
Act are repealed.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular
1985 session of the General Assembly of Georgia a bill to amend
an Act regarding the office of Sheriff of Madison County (Ga.
L. 1965, p. 2962), as amended (Ga. L. 1970, p. 2573) so as to
change the compensation of the Sheriff; change the compensa-
tion of the employees of the Sheriffs Office; change the budget
procedures for operating expenses; change the budget procedure;
and for other purposes.
This 5th day of February, 1985.
Bill Madden
Chairman of Board
of Commissioners
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Louie Max Clark, who,
on oath, deposes and says that he is Representative from the
GEORGIA LAWS 1985 SESSION
4781
13th District, and that the attached copy of Notice of Intention
to Introduce Local Legislation was published in the Danielsville
Monitor which is the official organ of Madison County, on the
following date: February 8, 1985.
/s/ Louie Max Clark
Representative,
13th District
Sworn to and subscribed before me,
this 13th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 28, 1985.
MADISON COUNTY INDUSTRIAL DEVELOPMENT AND
BUILDING AUTHORITY MEMBERSHIP; OFFICERS;
COMPENSATION; BYLAWS.
No. 465 (House Bill No. 899).
AN ACT
To provide for the membership of the Madison County Indus-
trial Development and Building Authority; to provide for a quo-
rum; to provide for certain officers of such authority; to provide
for compensation; to provide for meetings; to provide for reim-
bursement for expenses; to provide for bylaws and regulations;
to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. The authority shall consist of five members. The
chairman of the board of commissioners of Madison County shall
4782 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
sit as a member of the Madison County Industrial Development
and Building Authority, but shall not vote except in event of
a tie vote among the other four members of the authority. Four
members of the authority shall be appointed by the Madison
County board of commissioners and shall serve at the pleasure
of the board of commissioners. The majority of the members
of the authority shall constitute a quorum and the majority
may act for the authority in any matter.
Section 2. The members of the authority shall elect one
of their members as chairman and another as vice-chairman
and shall also elect a secretary and treasurer or a secretary-
treasurer. The members shall receive the sum of $100.00 per
meeting as compensation from the funds of the authority. The
authority shall meet at least quarterly at a time and place desig-
nated by the chairman. In addition, the members shall be reim-
bursed for their actual expenses incurred in the performance
of their duties. Travel expenses of a member when using a per-
sonal automobile shall be reimbursed at the prevailing rate paid
by the State of Georgia to its employees. The authority shall
make bylaws and regulations for its government and may dele-
gate to one or more of its members or its officers, agents, and
employees such powers and duties as may be deemed necessary
and proper. The authority shall have perpetual existence as
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 given that there will be introduced at the regular
1985 session of the General Assembly of Georgia a bill to amend
an Act creating the Madison County Industrial Development
and Building Authority (Ga. L. 1965, p. 718), so as to change
the membership of the Authority; change the compensation of
the members of the Authority; and for other purposes.
This 5th day of February, 1985.
Bill Madden,
Chairman of Board of
Commissioners
GEORGIA LAWS 1985 SESSION
4783
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Louie Max Clark, who,
on oath, deposes and says that he is Representative from the
13th District, and that the attached copy of Notice of Intention
to Introduce Local Legislation was published in the Danielsville
Monitor which is the official organ of Madison County, on the
following date: February 8, 1985.
/s/ Louie Max Clark
Representative,
13th District
Sworn to and subscribed before me,
this 13th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 28, 1985.
STATE COURT OF CANDLER COUNTY
COMPREHENSIVE REVISION.
No. 466 (House Bill No. 900).
AN ACT
To amend an Act establishing the State Court of Candler
County, approved July 29, 1920 (Ga. L. 1920, p. 364), as
amended, so as to provide for comprehensive revision of the
provisions relating to such court to conform such provisions
to the Constitution and laws of this state; to provide for jurisdic-
tion, powers, and authority; to provide for judges, solicitors, and
4784 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
other officers; to provide for compensation of such officers; to
provide for personnel; to provide for terms, proceedings, plead-
ings, and practice in such court; to provide for holding sessions
and hearings; to provide for certain other judges acting as state
court judges; to provide for adoption of uniform rules; 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 the State Court of Candler
County, approved July 29, 1920 (Ga. L. 1920, p. 364), as
amended, is amended by striking Sections 1 through 36 and
inserting in lieu thereof new Sections 1 through 36, respectively,
to read as follows:
"Section 1. The State Court of Candler County is cre-
ated and established to be located and held in Candler
County, Georgia, with jurisdiction, civil and criminal, as pro-
vided by law, over the entire county of Candler.
Section 2. (a) The State Court of Candler County shall
have jurisdiction within the territorial limits of Candler
County and concurrent with the superior courts over the
following matters:
(1) Trial of criminal cases below the grade of felony;
(2) Trial of civil actions without regard to the
amount of controversy, except those actions in which
exclusive jurisdiction is vested in the superior courts;
(3) The hearing of applications for, and the issuance
of, arrest and search warrants;
(4) The holding of courts of inquiry;
(5) The punishment of contempts by fines not ex-
ceeding $500.00 or by imprisonment, not exceeding 20
days, or both; and
(6) Review of decisions of other courts as may be
provided by law.
GEORGIA LAWS 1985 SESSION
4785
(b) The accused in criminal proceedings in the State
Court of Candler County shall not have the right to indict-
ment by the Grand Jury of Candler County.
Section 3. There shall be a judge of the State Court
of Candler County, who shall be elected by the qualified
electors of Candler County, Georgia, and who shall be elected
on a nonpartisan basis as provided by law, and who shall
serve for a term of four years and until his successor is
elected and qualified. Such election shall be held at the gen-
eral election in the year in which the incumbents term ex-
pires, and the judge so elected shall take office on the first
day of January following such election. The judge of the
State Court of Candler County shall be commissioned by
the Governor and, before entering office, shall take the same
oaths which judges of the superior courts must take. In the
event of a vacancy in the office of the judge of the State
Court of Candler County for any reason except the expiration
of the term of office, the Governor shall appoint a qualified
person who shall serve as provided in Article VI, Section
VII, Paragraphs III and IV of the Constitution of the State
of Georgia of 1983.
Section 4. Any person who shall be elected or appointed
judge of the State Court of Candler County must, at the
date of his election or appointment, have been a resident
of Candler County for three years next preceding the begin-
ning of his term of office and shall, as of such date, be at
least 25 years of age and shall have been admitted to practice
law for five years. The judge of the State Court of Candler
County shall be a part-time judge and may engage in the
private practice of law in other courts of this state and of
the United States but may not practice in his own court
or appear in any matter as to which said judge has exercised
any jurisdiction. The judge of the State Court of Candler
County shall be subject to discipline, removal, and involun-
tary retirement pursuant to Article VI, Section VII, Para-
graphs VI and VII of the Constitution of Georgia of 1983.
The judge of the State Court of Candler County shall receive
a salary of not less than $12,000.00 per year and not more
than $15,000.00 per year, the exact amount to be determined
by the governing authority of Candler County, payable in
equal monthly installments out of the funds of Candler
4786 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
County, and the governing authority of Candler County shall
annually make provisions by levying taxes for this purpose.
The judge of the State Court of Candler County shall be
authorized to employ a secretary who shall possess such qual-
ifications as may be determined by said judge and to serve
at the pleasure of said judge employing such secretary and
who shall perform such duties and assignments as may be
prescribed by the state court judge. The base annual salary
of said secretary shall be no less than $2,400.00 per year,
nor more than $3,200.00 per year, and shall be determined,
paid, and provided by the governing authority in the same
manner as for the state court judge; and such salary for
the secretary, should such secretary be part time, may be
supplemented at the expense of said judge.
The judge of the State Court of Candler County, the clerk
thereof, and the solicitor thereof, both full time and part
time, are authorized to attend institutes, seminars, confer-
ences, and other programs of an educational nature and
such attendance and expense incurred in connection there-
with may be paid in accordance with the provisions of Code
Section 15-1-11 of the O.C.G.A.
Section 5. (a) There shall be a solicitor of the State
Court of Candler County who shall be elected or appointed
at the same time, in the same manner, and for the same
term of four years as the judge of said court. The solicitor
shall be commissioned by the Governor and, before entering
office, shall take the same oath which district attorneys of
superior courts must take. An assistant district attorney of
the Middle Judicial Circuit may serve as solicitor should
the solicitor be unavoidably absent or should the solicitor
be temporarily incapacitated, as the district attorney of the
Middle Judicial Circuit may provide by agreement through
the judge of the State Court of Candler County. The solicitor
of the state court shall have been a resident of Candler
County for one year next preceding the beginning of his
term of office or his appointment and shall, as of such date,
be at least 25 years of age and shall have been admitted
to practice law for one year. The solicitor of the State Court
of Candler County shall be a part-time solicitor and may
engage in the private practice of law but may not practice
in his own court or appear in any matter as to which the
GEORGIA LAWS 1985 SESSION
4787
solicitor has exercised jurisdiction. The duties of the solicitor
shall be to prosecute all offenses cognizable before the State
Court of Candler County and shall represent the state in
all cases appealed or removed to higher courts. The said
solicitor shall receive a salary of not less than $10,000.00
per year nor more than $12,000.00 per year, the exact
amount to be determined by the governing authority of Can-
dler County, which shall be paid in the same manner as
the judges salary is paid. The solicitor shall be authorized
to employ a secretary, part time, who shall possess such
qualifications as the solicitor may determine and to serve
at the pleasure of the solicitor; and the secretarys salary
shall be not less than $2,400.00 per year nor more than
$3,200.00 per year, the exact amount to be determined by
the governing authority of Candler County and payable in
equal monthly installments out of the funds of Candler
County; and the governing authority of Candler County shall
annually make provisions by levying taxes for this purpose.
(b) In the event of a vacancy in the office of solicitor
of the State Court of Candler County for any reason except
the expiration of the term of office, the Governor shall ap-
point a qualified person who shall serve as provided in Arti-
cle VI, Section VII, Paragraphs III and IV of the Constitution
of Georgia of 1983. In the absence or disqualification of the
solicitor of said court, the judge thereof shall appoint a solici-
tor pro tempore, who may be an assistant district attorney
of the Middle Judicial Circuit as aforesaid or who may be
a duly qualified and practicing attorney in the State of Geor-
gia; and for such services the solicitor pro tempore shall
be paid out of the funds of Candler County by the governing
authority of said county the sum of $100.00 per day.
Section 6. The clerk of the Superior Court of Candler
County shall be clerk of the State Court of Candler County
and shall, before entering upon the discharge of duties as
such clerk, take and subscribe the oath required of a clerk
of the superior court, except that said oath shall include
the name and title of the State Court of Candler County
within its terms, which oath shall be entered upon the min-
utes of the State Court of Candler County. The clerk shall
also, before entering upon the discharge of the duties of
clerk, execute a bond in the sum of $25,000.00 for the faithful
4788 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
performance of the duties as clerk. The clerk of the Superior
Court of Candler County, who is also serving as clerk of
the State Court of Candler County, shall not be required
to post an additional bond under this section; and the bond
given by the clerk of the superior court for the faithful perfor-
mance of the duties of clerk shall also be conditioned upon
the faithful performance of duties as clerk of the State Court
of Candler County.
Section 7. The sheriff of Candler County shall be sheriff
of the State Court of Candler County and, in his official
connection therewith, shall be known as the sheriff of the
State Court of Candler County. Before entering upon the
discharge of his duties, he shall take and subscribe the oath
set forth in Code Section 15-16-4 of the O.C.G.A. to be taken
before entering upon the duties of the office of sheriff, except
that said oath shall also make provision for the office of
sheriff of the State Court of Candler County, which oath
shall promptly be entered on the minutes of the state court.
The sheriff shall also, upon entering upon the discharge of
the duties of sheriff, execute a bond with good security in
the sum of $25,000.00 for the faithful performance of the
duties of his office, except that the sheriff of Candler County,
also serving as the sheriff of the state court, shall not be
required to post further bond; and the bond given by the
sheriff of the Superior Court of Candler County for the faith-
ful performance of his duties shall also be conditioned on
his faithful performance of his duties as the sheriff of the
state court. All deputies appointed by the sheriff of Candler
County and of the State Court of Candler County shall be
deputies of the State Court of Candler County.
Section 8. The duties and liabilities attached to the of-
fice of the clerk of the superior court and the office of the
sheriff of Candler County, so far as the same are not inconsis-
tent with this Act, shall be attached to the office of clerk
of the State Court of Candler County and to the office of
sheriff of the State Court of Candler County, respectively,
and the judge of said state court is empowered to enforce
the same authority over the clerk and the sheriff of said
State Court of Candler County as the judges of the superior
courts are empowered to exercise over the clerks of the supe-
rior courts and the sheriffs of the superior courts and of
the counties of Georgia.
GEORGIA LAWS 1985 SESSION
4789
Section 9. The clerk and sheriff of the State Court of
Candler County shall receive the same fees for their services
in said state court as are allowed by law for like services
in the superior court; and they shall be amenable to the
same processes and penalties as they are amenable to as
officers of the superior court; and they shall be entitled to
the same remedies to enforce the collection of their fees
and costs in the State Court of Candler County as they are
entitled to in the superior court.
Section 10. The terms of the State Court of Candler
County shall be monthly and quarterly, the monthly terms
to be held beginning on the third Monday in each and every
month of the year and the quarterly terms to be coincident
with the monthly terms in February, May, August, and Octo-
ber. Said state court shall be held in the courthouse of Can-
dler County in the City of Metter, or in such place as may
be designated by the judge of the state court should the
courtrooms in the courthouse of Candler County be unavail-
able for providential or other reasons; and, when necessary,
juries shall be drawn and serve at the quarterly terms, as
hereafter provided, and all of the terms of said court shall
continue until the business of the court is disposed of, unless
adjourned for good cause. The judge of the State Court of
Candler County is authorized to try any criminal case coming
within the jurisdiction of such court upon the law and the
facts of the case when a jury is not required under this
Act or under the laws of the State of Georgia, on any day,
except Sunday, and this may be done at any time to relieve
the jail of prisoners, consistent with the interests of the state
and the accused. The judge may, in his discretion, for the
trial of criminal cases in which juries are required, hold
adjourned quarterly terms or special jury terms of said court,
for which he may require the attendance of the regular ad-
journed term juries or draw new juries, provided that juries
specially drawn shall have at least ten days notice of the
same. All laws with reference to the number, composition,
qualifications, impaneling, challenging, and compensation
of jurors in superior courts shall apply to and be observed
in the State Court of Candler County unless in conflict with
the terms of this Act.
Section 11. The judge of the state court shall have no
power to issue writs of habeas corpus and to hear and dispose
4790 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
of same unless provided by amendment to Code Section
9-14-40 of the O.C.G.A.
Section 12. The general laws and rules of appellate
practice and procedure which are applicable to cases ap-
pealed from the superior courts of this state shall be applica-
ble to and govern appeals from the State Court of Candler
County. The general laws and rules of practice, pleading,
procedure, and evidence which are applicable to the superior
courts of this state shall be applicable to and govern in the
State Court of Candler County. The general laws and rules
applicable to the execution and enforcement of judgments
in the superior courts of this state shall be applicable to
and govern in the State Court of Candler County.
Section 13. The judge of the State Court of Candler
County shall have power and authority to hear and deter-
mine, without a jury, all civil and criminal cases of which
said state court has jurisdiction and to give judgment and
execution therein. If either party in any case in said court
is entitled to a trial by jury under the Constitution and laws
of this state, he shall be entitled to a trial by a jury of 12
in said state court by entering a demand in writing or in
open court, therefor by himself or his attorney, on or before
the call of the docket at the appearance term in civil cases
and on or before the call of the case for trial in criminal
cases. Any case, not tried before the judge without a jury,
may be tried in the State Court of Candler County by a
jury of six unless a jury of 12 has been demanded. The judge
of the State Court of Candler County may, when in his opin-
ion the ends of justice may demand it, submit any case,
either civil or criminal, to a jury in said court whether a
jury is demanded or not.
Section 14. All judgments obtained in said state court
shall be liens on all the property of the defendant throughout
the state in the same manner as judgments of the superior
courts are, but property exempt from levy and sale under
the laws of the state shall be exempt from levy and sale
under process from said state court; and all executions issu-
ing from said state court shall be attested in the name of
the judge thereof and signed by the clerk and directed to
the sheriff of said state court or his deputies and to all and
GEORGIA LAWS 1985 SESSION
4791
singular the sheriffs and their deputies of the State of Geor-
gia.
Section 15. The state court shall have jurisdiction of
all claim cases where personal property is levied on under
execution or other process of said state court, and such claims
shall be tried in the same manner as such claims in the
superior court are tried. Claims to real estate levied on under
execution or other process from said state court shall be
returned to the superior court, as now provided by law, and
tried in the same manner as such claims in the superior
court are tried.
Section 16. All laws upon the subject of attachments
and garnishments as they apply to the superior courts of
this state shall apply to the State Court of Candler County
as set forth in Chapter 3 of Title 18 of the O.C.G.A., affecting
attachment cases, and in Chapter 4 of Title 18 of the
O.C.G.A., affecting garnishment cases, as if named with the
superior courts, so far as the nature of the state court will
admit. Attachments in and returnable to the state court
shall be directed to the sheriff and his deputies of said state
court and to all and singular the sheriffs and constables of
this state, and the judge of the State Court of Candler County
may issue attachments and distress warrants to the State
Court of Candler County under the same laws that govern
the issuing of attachments and distress warrants returnable
to the superior court. All garnishment and attachment pro-
ceedings on distress warrants in the state court shall be in
conformity with the laws of the State of Georgia on these
subjects in the superior courts as set forth in this Act and
as provided in Code Section 44-7-71, et seq., of the O.C.G.A.,
as amended. All dispossessory proceedings shall conform to
the provisions of Code Section 44-7-50, et seq., of the O.C.G.A.,
as amended, as provided for the conduct of such proceeding
in the superior courts of this state.
Section 17. The writ of scire facias to make parties to
any cause or to revive a judgment in the State Court of
Candler County shall be had as in the superior court and
such writs shall run and be enforceable throughout the state
and may be served by any sheriff or his deputy under the
general laws and rules of practice and procedure applicable
to the superior courts in this state.
4792 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 18. The judge of the State Court of Candler
County shall have power to cause testimony to be taken
in accordance with the general laws of practice, pleadings,
procedure, and evidence which are applicable to the superior
court. The judge and all other officers of the state court
shall have power to administer oaths pertaining to their
offices, respectively, as the judge and other officers of the
superior courts may, in like cases, administer. The judge
of the state court shall have power to issue warrants, attest
deeds and other papers, and administer affidavits in which
by law warrants may be issued, deeds and papers may be
attested, and affidavits administered by judges of the supe-
rior courts. The judge of the state court shall have power
to enforce his orders and judgments, to preserve order, and
to punish for contempt, as provided in paragraph (5) of Code
Section 15-7-4 of the O.C.G.A., and to exercise all of those
powers vested in the state court by Chapter 1 of Title 15
of the O.C.G.A.
Section 19. The State Court of Candler County shall
be a court of record and shall have a seal; and the minutes,
records, and other books and files that are required by law
to be kept for the superior courts shall, in the same manner,
so far as the jurisdiction of said court may render necessary,
be kept in and for the State Court of Candler County. All
of the laws applicable to the duties of the clerk and sheriff
of the superior court as to minutes, records, orders, and other
books and files shall apply to the clerk and the sheriff of
the state court, so far as the same are not inconsistent with
this Act.
Section 20. All laws with reference to the number, com-
position, qualifications, impaneling, challenging, and com-
pensation of jurors in superior courts shall apply to and
be observed by the State Court of Candler County except
where in conflict with the terms of this Act. When a jury
of six is required under this Act, 12 jurors shall constitute
a panel, from which, in civil cases, each shall strike three
and, in criminal cases, the defendant shall strike four and
the state two. When a jury of 12 is required under this Act,
24 jurors shall constitute a panel from which, in civil cases,
each shall strike six and, in criminal cases, the defendant
shall strike seven and the state five. Exemptions, if any,
GEORGIA LAWS 1985 SESSION
4793
from jury duty shall be as provided for jurors in the superior
courts of this state.
Section 21. The judge of the state court shall have au-
thority to appoint such court bailiffs as he may need during
quarterly terms of said court or on such other occasions as
the judge of the state court may, under the provisions of
this Act, hold jury trials. Such bailiffs, not to exceed two,
shall each be paid in accordance with the provisions of Code
Section 15-12-7 of the O.C.G.A.
Section 22. The defendant in criminal cases in the State
Court of Candler County shall be tried on a written accusa-
tion, setting forth plainly the offense charged, founded upon
the affidavit of the prosecutor and signed by the solicitor
of the State Court of Candler County. The offense shall be
charged with that same degree of particularity as to the
matter of form and of substance as is required under Chap-
ters 4 and 7 of Title 17 of the O.C.G.A., as amended. The
defendant shall sign by himself or his attorney on the face
or the back of the accusation whether he pleads guilty or
not, and, if he pleads not guilty, whether he demands a jury
or not and, if a jury is demanded, whether he demands a
jury of 12 or of six, as provided in this Act. All proceedings,
after accusation, shall conform to the rules governing like
cases in the superior courts, unless otherwise provided
herein. The accusation need not be supported by an affidavit
except in those cases where the defendant has not been previ-
ously arrested in conjunction with the transaction charged
in the accusation and where the accusation is to be used
as the basis for the issuance of a warrant for the arrest of
the defendant. The form of the accusation shall be as set
forth in Code Section 17-7-71 of the O.C.G.A.
Section 23. The judge of the superior court of Candler
County may send down from his court to the State Court
of Candler County for trial and final disposition or present-
ment any indictment for a misdemeanor which is undisposed
of, and the order transmitting such cases shall be entered
on the minutes of both of said courts. Where permitted by
law, the judges of the Superior Court of Candler County
may, in accordance with the provisions of Article VI, Section
I, Paragraph III of the Constitution of Georgia of 1983 and
4794 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Title 15 of the O.C.G.A., transfer such cases, either civil or
criminal, to the State Court of Candler County for disposition
as may be provided under said laws and amendments thereto
and under the laws of the State of Georgia.
Section 24. The magistrates, including those formerly
justices of the peace and ex officio justices of the peace, of
Candler County may bind over to the State Court of Candler
County, in the same manner as commitments are made to
the superior court, all persons charged with offenses over
which said state court has jurisdiction, there to answer for
said offenses, provided that such persons be not discharged
by the committing court. In all cases in which persons are
charged with offenses over which the state court has jurisdic-
tion, the warrant and all other papers shall forthwith be
forwarded to the clerk of the State Court of Candler County
for delivery to the prosecuting attorney, should such person
be bound over by the committing officer or should such per-
son waive commitment.
Section 25. The general laws and rules of appellate
practice and procedure which are applicable to cases ap-
pealed from the superior courts of this state shall be applica-
ble to and govern appeals from the State Court of Candler
County.
Section 26. The judge of the State Court of Candler
County shall have power to grant new trials in cases civil
or criminal in said court upon the same terms and conditions
and under the same laws and regulations as govern the
granting of new trials in the superior court. The grounds
and procedure therefor shall be followed as set forth in Chap-
ter 5 of the O.C.G.A., as amended.
Section 27. All suits against joint obligors, joint promi-
sors, copartners, or joint trespassers, in which one or more
reside in Candler County, may be brought in the state court
under the same rules and regulations governing such cases
in the superior court and the provisions of Article VI, Section
II, Paragraphs IV, V, VI, and VII of the Constitution shall
be given full force and effect as shall statutes passed thereun-
der in the State Court of Candler County.
Section 28. The State Court of Candler County shall
be deemed always open for the disposition of matters prop-
GEORGIA LAWS 1985 SESSION
4795
erly cognizable by said court; however, all trials on the merits
shall be conducted at trial terms regularly prescribed by
this Act or as hereafter amended. All trials on the merits
shall be conducted in open court and, so far as convenient,
in a regular courtroom. All other proceedings, hearings, and
acts may be done or conducted by a judge in chambers and
in the absence of the clerk or other court official. The judge
of the state court may hear motions and enter interlocutory
orders, in all cases pending in the court over which he pre-
sides, in open court or in chambers.
Section 29. Suits in all issues and proceedings, without
limitation on amounts or values involved, may be returnable
to the monthly sessions of the State Court of Candler County
and stand for trial as provided under the 'Civil Practice Act
of the State of Georgia as set forth in Chapter 11 of Title
9 of the O.C.G.A., as amended. Where no issuable defense
is filed by the defendant and where such cases are in default
as provided under the 'Civil Practice Act, judgment may
be entered as provided under the 'Civil Practice Act and
the applicable laws dealing with judgments in the superior
courts of this state.
Section 30. Whenever the judge of the State Court of
Candler County is for any cause disqualified from presiding
in any case, that said case shall be handled in a manner
as provided in Title 15 of the O.C.G.A., as amended, and
may be dealt with in accordance with the provisions of Title
15 of the O.C.G.A.; and the judge of the State Court of Can-
dler County so disqualified may request the assistance of
the judge of any state or superior court in accordance with
the provisions of Article VI, Section I, Paragraph III of the
Constitution of Georgia of 1983.
Section 31. In case of the absence of the judge of said
state court at any term thereof, the sheriff or the clerk of
said court may adjourn court to such time as the judge may
in writing direct or, if no direction be given, the court shall
stand adjourned to the next regular term thereof.
Section 32. All moneys arising from fines and forfei-
tures in the State Court of Candler County shall be paid
over to the clerk of said court and the clerk shall pay said
4796 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
moneys arising from fines and forfeitures into the county
treasury of Candler County, Georgia, to be disposed of in
accordance with the provisions of Chapter 21 of Title 15 of
the O.C.G.A.
Section 33. The judge of the State Court of Candler
County shall appoint court-reporting personnel to be made
available for the reporting of civil and criminal trials in
the State Court of Candler County subject to the laws govern-
ing same in the superior courts of this state. The reporting
of any trial may be waived by consent of the parties. Appoint-
ment of a reporter or reporters for court proceedings in the
State Court of Candler County shall be made by the judge
thereof; the compensation and allowances of reporters for
the State Court of Candler County shall be paid by the county
governing authority and shall be the same as that for report-
ers of the superior courts of this state. It shall be the duty
of the court reporter to take down the testimony and charge
of the court in all criminal cases tried in said state court
when demanded by the defendant; and, for the reporters
service, the defendant shall pay such reporter the same fee
allowed for reporting and transcribing civil cases.
Section 34. The board of commissioners of Candler
County shall provide a suitable place in the courthouse of
Candler County for the holding of sessions and hearings of
the state court and they shall secure and provide for the
preservation of the necessary books, dockets, minutes, and
records for said state court; and they shall provide the neces-
sary expenses of conducting said state court, together with
court supplies, stationery, and necessary equipment, agree-
ably with operation of the court.
Section 35. (a) Except as otherwise provided in the
Constitution of this state, a retired judge or judge emeritus
of the State Court of Candler County shall be authorized
to serve as judge of the State Court of Candler County upon
the call of the judge of such court. When serving in such
capacity, the retired judge or judge emeritus of the state
court shall exercise the same jurisdiction, power, and author-
ity as the regular judge of the court as provided by general
or local law.
(b) A retired judge or judge emeritus of the state court
shall be vested with the same authority as an active judge
GEORGIA LAWS 1985 SESSION
4797
of this state for the purpose of performing marriage ceremo-
nies.
(c) Except as otherwise provided in the Constitution of
this state, a judge of the state court shall be authorized to
serve as judge of any other state court but only upon the
call of the judge of such other state court. When serving
in a state court other than his own, the judge shall exercise
the same jurisdiction, power, and authority as the regular
judge of the court as provided by general or local law.
Section 36. The uniform rules for state courts approved
and promulgated by the Supreme Court of Georgia, to be
effective July 1,1985, as amended, shall be adopted by order
of the judge of the state court. Any changes in the uniform
rules promulgated by the Supreme Court shall apply in the
state court.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Notice of Legislation.
Notice is hereby given, in accordance with the provisions
of Section 28-1-14, Official Code of Georgia Annotated, that legis-
lation will be introduced in the General Assembly of the State
of Georgia at the 1985 Session to revise and amend the Act
establishing the State Court of Candler County, as amended,
in accordance with Article VI, Section X, of the Constitution
of the State of Georgia of 1983 and Title 15-7-1, et. seq., of the
Official Code of Georgia annotated so that the law may comply
with the new Constitution and with the Official Code of Georgia
Annotated of 1981 and related purposes.
Commissioners of
Roads and Revenue
Candler County, Georgia
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Larry J. Parrish, who, on
oath, deposes and says that he is Representative from the 109th
4798 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 13, 1985.
/s/ Larry J. Parrish
Representative,
109th District
Sworn to and subscribed before me,
this 20th day of February, 1985.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 11, 1988.
(Seal).
Approved March 28, 1985.
CANDLER COUNTY TAX COMMISSIONER; COST OF
COLLECTING SCHOOL TAXES.
No. 467 (House Bill No. 901).
AN ACT
To provide that the tax commissioner of Candler County
shall retain a specified percentage of educational funds collected
by said officer and remit the same to the governing authority
of Candler County to reimburse the county for the cost of collect-
ing school taxes; to provide for a statement of intention and
the authority for this Act; to provide an effective date; to repeal
conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
GEORGIA LAWS 1985 SESSION
4799
Section 1. The tax commissioner of Candler County shall
remit all educational funds collected by said officer to the board
of education of Candler County, except that one-tenth of 1 per-
cent of the funds collected shall be retained by the tax commis-
sioner and remitted to the governing authority of Candler
County to reimburse the county for the cost of collecting school
taxes.
Section 2. It is the intention of this Act to reduce the
amount authorized by subsection (a) of Code Section 48-5-404
of the O.C.G.A. as reimbursement to counties for the collection
of school taxes, and this Act is pursuant to the specific authority
of Paragraph III of Section VI of Article VIII of the Constitution
of the State of Georgia.
Section 3. This Act shall become effective on the first day
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
1985 session of the General Assembly of Georgia a bill to provide
that the Tax Commissioner of Candler County shall retain a
specified percentage of Educational Funds collected by said Offi-
cer and remit the same to the Governing Authority of Candler
County to reimburse the County for the cost of collecting school
taxes; to provide for a statement of intention and the authority
for this Act; and for other purposes.
This 28th day of January, 1985.
Board of Commissioners
of Candler County
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Larry J. Parrish, who, on
oath, deposes and says that he is Representative from the 109th
4800 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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: January 30, 1985.
/s/ Larry J. Parrish
Representative,
109th District
Sworn to and subscribed before me,
this 10th day of February, 1985.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 11, 1988.
(Seal).
Approved March 28, 1985.
CANDLER COUNTY MAGISTRATE COURT;
APPOINTMENT OF CHIEF MAGISTRATE AND
MAGISTRATE.
No. 468 (House Bill No. 902).
AN ACT
To amend an Act providing for a chief magistrate and a
magistrate of the Magistrate Court of Candler County, approved
March 14, 1984 (Ga. L. 1984, p. 4199), so as to provide for the
appointment of the chief magistrate and magistrate by the
Board of Commissioners of Candler County; to repeal conflicting
laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
GEORGIA LAWS 1985 SESSION
4801
Section 1. An Act providing for a chief magistrate and a
magistrate of the Magistrate Court of Candler County, approved
March 14, 1984 (Ga. L. 1984, p. 4199), 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 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 ap-
pointed. 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 the Board of Com-
missioners of Candler County 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 the Board
of Commissioners of Candler County 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 given that there will be introduced at the regular
1985 session of the General Assembly of Georgia a bill providing
for the appointment of the two Magistrates of the Magistrate
Court of Candler County; and for other purposes.
This 28th day of January, 1985.
Candler County
Commissioners
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Larry J. Parrish, 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: January 30, 1985.
4802 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
/s/ Larry J. Parrish
Representative,
109th District
Sworn to and subscribed before me,
this 20th day of February, 1985.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 11, 1988.
(Seal).
Approved March 28, 1985.
MADISON COUNTY BOARD OF COMMISSIONERS;
SALARIES AND EXPENSES; CLERK; EMPLOYEES
RETIREMENT.
No. 469 (House Bill No. 903).
AN ACT
To amend an Act creating a board of commissioners of Madi-
son County, approved March 27, 1965 (Ga. L. 1965, p. 2667),
as amended, so as to provide for salaries and expenses of the
chairman and board members; to provide for a car or truck
for the chairman and the foreman of public works; to provide
for expenses of travel for certain county officers; to change provi-
sions relating to removal of the clerk of the board; to delete
provisions for supplementing the salaries of county personnel;
to provide that the chairman shall be a full-time county em-
ployee; to change provisions relating to board members transact-
ing business with the county; to set office hours for county offices;
to provide a retirement age for county employees; to provide
for uniform work regulations; to repeal conflicting laws; and
for other purposes.
GEORGIA LAWS 1985 SESSION
4803
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act creating a board of commissioners of
Madison County, approved March 27,1965 (Ga. L. 1965, p. 2667),
as amended, is amended by striking in their entirety Sections
9 and 9A and inserting in their place new Sections 9 and 9A
to read as follows:
"Section 9. (a) The chairman of the board of commis-
sioners of Madison County shall receive a salary which is
$2,400.00 per annum more than the annual salary now or
hereafter received by the sheriff of Madison County. The
salary of the chairman shall be payable in equal monthly
installments from county funds. Other members of the board
shall receive a salary of $3,000.00 per annum, payable in
equal monthly installments from county funds. The vice-
chairman of the board of commissioners shall receive an
additional $600.00 per year payable in equal monthly install-
ments from county funds.
(b) In addition to the salaries provided in subsection
(a) of this section, each member of the board, including the
chairman, may receive up to, but not in excess of, $1,000.00
per annum in travel expenses. Such travel expenses shall
be paid only for out-of-county travel on county business at
actual transportation cost while traveling by public carrier
or actual miles traveled at the prevailing rate paid per mile
by the State of Georgia for its employees when using a per-
sonal automobile. Each member shall be paid such travel
expenses upon submitting to the clerk of the board a state-
ment of such travel supported by proper vouchers. If a mem-
ber of the board fails to incur $1,000.00 in travel expenses,
such balance remaining shall not be carried over to the next
calendar year.
Section 9A. The chairman of the board of commission-
ers of Madison County shall be furnished either a car or a
truck and the foreman of the public works of the county
shall be furnished a pickup truck to be used in the official
performance of the duties of each officials office. The county
shall pay for the operating expenses, maintenance, repairs,
and replacement of such vehicles. Such vehicles shall be
4804 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
replaced at least once every four years. Each vehicle shall
have the name of the office to which it is furnished clearly
written on each door of the vehicle. There shall be a commu-
nications system installed to assure communication between
the office of the county commissioners and the operator of
each vehicle.
Section 2. Said Act is further amended by repealing in
its entirety Section 10 and inserting in its place the following:
"Section 10. Reserved.
Section 3. Said Act is further amended by striking in its
entirety Section 10B and inserting in its place a new Section
10B to read as follows:
"Section 10B. The board of commissioners shall be au-
thorized to compensate the clerk of the superior court, judge
of the probate court, sheriff, tax commissioner, county attor-
ney, or any department head in the Madison County govern-
ment or the designee of any of the above officers for out-
of-county travel expenses in the performance of official du-
ties. Each office or department shall be limited to $1,000.00
per annum travel expenses including actual miles traveled
when using a personal automobile at the prevailing rate
paid by the State of Georgia to its employees; provided, how-
ever, that the board by a majority vote of its members may
waive the $1,000.00 maximum limitation with respect to
extraordinary travel expenses incurred by the sheriffs office
in the performance of official duties. Travel expenses shall
be paid upon the submission of a statement of travel sup-
ported by proper vouchers. If an office or department fails
to incur $1,000.00 in travel expenses, such balance remain-
ing shall not be carried over to the next calendar year.
Section 4. Said Act is further amended by striking in its
entirety Section 15 and inserting in its place a new Section
15 to read as follows:
"Section 15. The chairman shall have authority to em-
ploy a clerk of the board of commissioners of Madison County
who shall serve at the pleasure of the chairman, except as
further provided in this Act. The clerk shall be required
GEORGIA LAWS 1985 SESSION
4805
to have accounting and bookkeeping experience. The clerk
shall be required to record the minutes of all meetings, to
countersign all county warrants, and to perform such other
duties as may be required by this Act or the chairman. The
clerk shall be placed under a bond of $50,000.00 payable
to the board of commissioners of Madison County, the premi-
ums to be paid by the county. The clerk shall be compensated
in an amount to be determined by the board of commission-
ers and shall be paid in equal monthly installments from
county funds.
Section 5. Said Act is further amended by repealing in
its entirety Section 15A and inserting in its place the following:
"Section 15A. Reserved.
Section 6. Said Act is further amended by striking in its
entirety Section 17 and inserting in its place a new Section
17 to read as follows:
"Section 17. The chairman shall be a full-time employee
of Madison County.
Section 7. Said Act is further amended by repealing in
its entirety Section 18 and inserting in its place the following:
"Section 18. Reserved.
Section 8. Said Act is further amended by striking in its
entirety Section 23 and inserting in its place new Sections 23
through 26 to read as follows:
"Section 23. Pursuant to Code Section 36-1-12 of the
O.C.G.A., the hours of operation of all county offices, includ-
ing the offices of clerk of the superior court, probate court,
tax commissioner, and board of commissioners of Madison
County shall be from 8:00 A.M. until 5:00 P.M. Monday
through Friday with the exception of holidays set by the
board of commissioners in their policy. In addition, such
offices shall remain open on Saturday from 8:00 A.M. until
11:00 A.M. from January 1 through April 1 and from Octo-
ber 15 through December 20 of each year. Each office shall
4806 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
be open for business and manned by at least one employee
or elected official during the hours set forth in this section.
Section 24. With the exception of elected officials, all
county employees, including employees in the offices of clerk
of superior court, probate court, tax commissioner, board
of commissioners, and sheriffs office shall retire upon reach-
ing age 65. The board of commissioners shall have the au-
thority, in its sole discretion, to waive the age of retirement
for a period of not more than one year.
Section 25. The board of commissioners shall have the
authority to adopt uniform work regulations for all county
employees.
Section 26. All laws and parts of laws in conflict with
this Act are repealed.
Section 9. All laws and parts of laws in conflict with this
Act are repealed.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular
1985 session of the General Assembly of Georgia a bill to amend
an Act which created the Board of Commissioners of Roads and
Revenues of Madison County, Georgia (Ga. L. 1965, P. 2667),
as amended particularly by an Act (Ga. L. 1976, p. 2773) and
further amended by an Act (Ga. L. 1980, p. 3559) so as to change
the compensation of the members of the Board of Commission-
ers; create a compensation for the vice-chairman of the Board
of Commissioners; change the vehicle of the Chairman of the
Board of Commissioners; change the travel expenses of the
Board of Commissioners and certain county offices; remove the
payment of travel expenses for inspection of county property
and roads; change the procedure for removal of the Clerk of
the Board of Commissioners; remove the authority to supple-
ment the compensation of county employees; amend the full
time duties of the chairman; remove the requirements of con-
tracts between the Board of Commissioners and the county; cre-
ate a requirement of hours of operation of certain county offices;
GEORGIA LAWS 1985 SESSION
4807
create a mandatory retirement age for county employees; create
uniform work regulations for county employees; and for other
purposes.
This 5th day of February, 1985.
Bill Madden
Chairman of Board
of Commissioners
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 Danielsville
Monitor which is the official organ of Madison County, on the
following date: February 8, 1985.
/s/ Charles W. Yeargin
Representative,
14th District
Sworn to and subscribed before me,
this 20th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 28, 1985.
4808 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
HABERSHAM COUNTY BOARD OF COMMISSIONERS;
ELECTIONS; PURCHASES AND REPAIRS.
No. 470 (House Bill No. 870).
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 commissioner
districts; 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 pur-
chases and repairs; 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
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:
"For the purposes of electing the members of the board,
Habersham County is hereby divided into three commis-
sioner districts. Commissioner District Number One shall
be composed of the following militia districts: 409 (Clarkes-
ville), 422 (Deep Creek), 501 (Batesville), 666 (Cool Springs),
and 977 (Fair Play). Commissioner District Number Two
shall be composed of the following militia districts: 752 (Cen-
ter Hill), 1021 (Fork), 1391 (Falling Water), 1486 (Demorest),
and 1648 (Glade Creek). Commissioner District Number
Three shall be composed of the following militia districts:
414 (Mud Creek), 1449 (Cornelia), 1612 (Galdwin), and 1693
(View). One member from each of the three commissioner
districts shall be elected by the voters of the county at large.
Any person offering as a candidate to represent a commis-
sioner district must reside in the commissioner district from
which he offers.,
GEORGIA LAWS 1985 SESSION
4809
and inserting in lieu thereof the following:
"(a) For the purposes of electing the members of the
board, Habersham County is divided into three commis-
sioner districts:
Commissioner District No. 1
Habersham
Tract 9901
Blocks 101 through 147
Tract 9902
Blocks 101 through 150
That part of Block 155 which lies
northwest of Law Creek
Blocks 156, 157, and 199
Tract 9903
Blocks 101 through 136, 140 through
160, 166 through 184, and 191
through 193
That part of Block 208 outside the
City of Demorest which lies
north of Hazel Creek
Commissioner District No. 2
Habersham
Tract 9901
Blocks 148 through 160 and 162
That portion of Block 163 within
the corporate limits of Mount Airy
Blocks 164 and 165
Tract 9902
Blocks 151 through 154
That part of Block 155 which lies
southeast of Law Creek
Blocks 158 through 198
Blocks 201 through 223 and 225
through 229
That part of Block 230 which lies
within the corporate limits of
Mount Airy
4810 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
That part of Block 230 which lies
outside the corporate limits of
Mount Airy and Cornelia
That part of Block 231 which lies
within the corporate limits of
Mount Airy
That part of Block 231 which lies
outside the corporate limits of
Mount Airy and Cornelia
Block 232
That part of Block 233 which lies
outside the corporate limits
of Cornelia
Block 276
Tract 9903
Blocks 137 through 139, 161 through
165, 185 through 189, and 195
through 199
Blocks 201 through 207
That part of Block 208 which lies
within the corporate limits of
Demorest
That part of Block 208 outside the
corporate limits of Demorest which
lies south of Hazel Creek
Blocks 209 through 223
Tract 9904
Blocks 101 through 103 and 145
Blocks 226 through 229, and
246 through 250
Commissioner District No. 3
Habersham
Tract 9901
Block 161
That part of Block 163 which lies
within the corporate limits
of Cornelia
Blocks 166 through 189 and 193
through 199
Block Group 2
GEORGIA LAWS 1985 SESSION
4811
Tract 9902
Block 224
Those parts of Blocks 230, 231,
and 233 which lie within the
corporate limits of Cornelia
Blocks 234 through 257, 260
through 262, and 264 through
266
Tract 9904
Blocks 104 through 144, 146
through 150, and 160
Blocks 201 through 225 and
230 through 245
Block Groups 3 and 4
(b) For the purpose 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 decen-
nial 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 geo-
graphical 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 described in this section shall be included
within that district contiguous to such part which con-
tains 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 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
4812 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 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 3. Said Act is further amended by adding a new
Section 2A between Sections 2 and 3 to read as follows:
"Section 2A. (a) The member of the board of commis-
sioners representing Commissioner District 1 elected at the
1984 general election 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 represent-
ing 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 Dis-
tricts 1, 2, and 3 shall be elected at the general election
immediately preceding the expiration of their respective
terms of office and shall take office on the first day of January
immediately following their election for terms of four years.
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
GEORGIA LAWS 1985 SESSION
4813
of Chapter 2 of Title 21 of the Official Code of Georgia Anno-
tated, 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 4. 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 pur-
chases and repairs for Habersham County. All purchases
and repairs over $500.00 which do not exceed $1,500.00 shall
be on a quote bid basis by telephone or other means of com-
munication. All purchases in excess of $1,500.00 shall be
on a competitive sealed bid basis, except in cases of emer-
gency 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 finan-
cial records and records of bills of sale shall be open at all
times for inspection by any person qualified to vote in Ha-
bersham 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 Ad-
vertiser, which is the official organ of said county.
Section 5. All laws and parts of laws in conflict with this
Act are repealed.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular
1985 session of the General Assembly of Georgia a bill to amend
the act creating the Board of Commissioners of Habersham
County, Georgia, changing the terms of office of the Commission-
ers, providing for procedures for purchasing and budgeting and
the reapportionment of the Commissioner districts, and for
other purposes.
4814 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 Tri-County
Advertiser which is the official organ of Habersham County,
on the following date: February 7, 1985.
/s/ William J. Dover
Representative,
11th District
Sworn to and subscribed before me,
this 18th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 28, 1985.
CITY OF BOWDON HOMESTEAD EXEMPTION ON CITY
AD VALOREM TAXES; LOCAL CONSTITUTIONAL
AMENDMENT CONTINUED.
No. 471 (House Bill No. 871).
AN ACT
To continue in force and effect as a part of the Constitution
of the State of Georgia that constitutional amendment which
was proposed by Resolution Act No. 72 (House Resolution No.
182-714) of the 1977 General Assembly (Ga. L. 1977, p. 1602),
and which was duly ratified at the 1978 general election and
which relates to the provision of a homestead exemption for
GEORGIA LAWS 1985 SESSION
4815
residents of the City of Bowdon in an amount to be fixed by
the city governing authority at not more than $2,000.00 from
all City of Bowdon ad valorem taxes; to provide the authority
for this Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. That constitutional amendment which was pro-
posed by Resolution Act No. 72 (House Resolution No. 182-714)
of the 1977 General Assembly (Ga. L. 1977, p. 1602), and which
was duly ratified at the 1978 general election and which relates
to the provision of a homestead exemption for residents of the
City of Bowdon in an amount to be fixed by the city governing
authority at not more than $2,000.00 from all City of Bowdon
ad valorem taxes shall not be repealed or deleted on July 1,
1987, as a part of the Constitution of the State of Georgia but
is specifically continued in force and effect on and after that
date as a part of the Constitution of the State of Georgia.
Section 2. This Act is passed pursuant to Article XI, Sec-
tion I, Paragraph IV of the Constitution of the State of Georgia
which authorizes the continuation of certain amendments to
the 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 regular
1985 session of the General Assembly of Georgia a bill to con-
tinue in force and effect as a part of the Constitution of Georgia
that constitutional amendment which was proposed by Resolu-
tion Act. No. 72 (House Resolution No. 182-714) of the 1977
General Assembly (Ga. L. 1977, p. 1602), and which was duly
ratified at the 1978 general election and which relates to provid-
ing a homestead exemption for residents of the City of Bowdon
in an amount to be fixed by the city governing authority at
not more than $2,000.00 from all city of Bowdon ad valorem
taxes; to provide for related matters; and for other purposes.
This 18th day of January, 1985.
Carolyn W. Lee
Representative,
70th District
4816 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Affidavit.
Georgia, Carroll County.
To Whom It May Concern:
This is to certify that the legal notice attached hereto has
been published in the Daily-Times Georgian legal organ for Car-
roll County. The following dates, to-wit: Jan. 31.
Sworn to on the 14th day of February, 1985.
/s/ Stanley Parkman
Publisher
Sworn to and subscribed before me
on the 14th day of February, 1985.
/s/ Martha Crowe
Notary Public.
My Commission Expires Feb. 17, 1987.
(Seal).
Approved March 28, 1985.
RICHMOND COUNTY SHERIFFS MERIT SYSTEM
BOARD; POWERS AND DUTIES.
No. 472 (House Bill No. 872).
AN ACT
To amend an Act creating a merit system of employment
and personnel administration for employees of the sheriff in
Richmond County and creating the Richmond County Sheriffs
Merit System Board, approved March 29, 1983 (Ga. L. 1983,
p. 4495), so as to change the powers, duties, and responsibilities
GEORGIA LAWS 1985 SESSION
4817
of the Richmond County Sheriffs Merit System Board; to pro-
vide for an effective date; to repeal conflicting laws; and for
other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act creating a merit system of employment
and personnel administration for employees of the sheriff in
Richmond County and creating the Richmond County Sheriffs
Merit System Board, approved March 29, 1983 (Ga. L. 1983,
p. 4495), is amended by striking Section 4 thereof and inserting
in its place a new Section 4 to read as follows:
"Section 4. It shall be the duty, function, and responsi-
bility of the board to represent the interest of the public
in the improvement of personnel administration as to those
matters involving adverse action taken against a sheriffs
department employee by the sheriff or the employees super-
visor. All meetings of the board shall be held in offices pro-
vided therefor by the governing authority of Richmond
County. The governing authority of said county is authorized
to provide necessary clerical assistance to the board and
may use the employees of the personnel office of the govern-
ing authority of Richmond County to provide such assis-
tance. Said board shall hold regular meetings at least once
a month and may hold additional meetings as may be re-
quired for the proper discharge of its duties.
Section 2. Said Act is further amended by striking para-
graph (a) of Section 6 and inserting in its place a new paragraph
to read as follows:
"(a) To hold public hearings regarding proposed merit
system policies and procedures and standards of the merit
system and therafter to adopt policies and procedures and
standards effectuating the merit system established under
this Act. Such policies and procedures shall include provi-
sions as to demotion, separation, tenure, service rating, any
disciplinary action that may be taken against the employee
by the sheriff or any of the employees supervisors, and such
additional policies and procedures as may be deemed to be
in the best interest of orderly appeals and hearings on these
4818 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
matters. Such policies and procedures shall prohibit political
activity by any employee covered by the merit system or
the board. Said policies and procedures when proposed by
the board as aforesaid and approved and adopted by the
board shall be binding upon all employers and employ-
ees.
Section 3. Said Act is further amended by striking para-
graph (e) of Section 6 and inserting in its place a new paragraph
to read as follows:
"(e) The authority and jurisdiction of the board shall
be limited to those areas enumerated in subsection (a) of
this section and shall not extend to matters relating to hir-
ing; appointment; promotion; transfer; compensation; work-
ers compensation; insurance; pension and retirement plans
and benefits; sick leave; vacation; leaves of absence; military
leaves; regulations of the sheriff pertaining to firearms, uni-
forms, officers-in-charge, preventive maintenance, safe driv-
ing techniques and duty requirements; and holidays for em-
ployees.
Section 3. This Act shall become effective on April 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 1985 Session of the General Assembly of Georgia an
Act to amend the Act creating the Richmond County Sheriffs
Merit System Board so as to provide for the powers, duties,
and responsibilities of the Board as to employees of the Sheriff
of Richmond County; to provide an effective date; and for other
purposes.
This 10th day of January, 1985.
Charles W. Walker
Representative,
85th Legislative District
Richmond County
GEORGIA LAWS 1985 SESSION
4819
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 15, 1985.
/s/ Charles W. Walker
Representative,
85th District
Sworn to and subscribed before me,
this 18th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 28, 1985.
DEKALB COUNTY MAGISTRATE COURT; CHIEF
MAGISTRATE AND MAGISTRATES; CLERK AND
MARSHALL OF THE STATE COURT; LAW LIBRARY
FUNDS.
No. 473 (House Bill No. 878).
AN ACT
To make provisions for the Magistrate Court of DeKalb
County; to provide for the selection, qualifications, disqualifica-
tions, number, vacancies, and compensation of the chief magis-
trate and magistrates; to provide that certain minimum compen-
sation laws shall not apply to magistrates of such court; to
provide that the clerk of the State Court of DeKalb County
4820 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
shall serve as the clerk of the magistrate court; to provide that
the marshal and deputy marshals of the State Court of DeKalb
County shall serve as chief constable and constables of the mag-
istrate court; to provide for powers and duties; to provide for
compensation; to provide for the imposition, collection, and dis-
position of costs to provide for funds for the county law library;
to provide for construction; to provide for definitions; to provide
that magistrates, other than the chief magistrate, shall serve
at the pleasure of the chief magistrate; to provide for other
matters relative to the foregoing; to provide an effective date;
to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. (a) To be eligible for selection as chief magis-
trate or as a magistrate a person shall:
(1) Be an active member of the State Bar of Georgia;
(2) Have at least three years of experience as a
judge, solicitor, or assistant solicitor of a state court or
municipal court immediately preceding such persons se-
lection as chief magistrate or magistrate or have been
engaged in the active public or private practice of law
for a period of at least three years immediately preceding
such selection;
(3) Be at least 27 years of age;
(4) Be a citizen and taxpayer of DeKalb County; and
(5) Have been a resident of the State of Georgia for
at least two years immediately preceding selection as
chief magistrate or magistrate.
(b) The chief magistrate and full-time magistrates shall be
ineligible to hold any other public office during their terms of
office as chief magistrate or magistrate, and their offices shall
immediately become vacant upon their assumption of any other
public office.
Section 2. The number of full-time and part-time magis-
trates shall be determined by the chief magistrate with the
GEORGIA LAWS 1985 SESSION
4821
approval of a majority of the judges of the superior court of
the Stone Mountain Judicial Circuit and shall also be subject
to the budgetary limitations established by the board of commis-
sioners of DeKalb County.
Section 3. (a) The chief magistrate shall receive an an-
nual salary equal to the compensation now or hereafter paid
to the clerk of the Superior Court of DeKalb County. Such com-
pensation shall be paid in equal monthly installments from the
funds of DeKalb County.
(b) Full-time magistrates shall receive an annual salary
equal to 90 percent of the salary now or hereafter paid to the
chief magistrate. Such compensation shall be paid in equal
monthly installments from the funds of DeKalb County.
(c) Part-time magistrates shall be compensated on an
hourly basis for each hour actually spent in performing their
duties. Such compensation shall be at an hourly rate which,
if computed on a full-time basis, would be equal to the compensa-
tion paid to full-time magistrates.
(d) The minimum compensation provided for magistrates,
other than the chief magistrate, by subsection (b) of Code Section
15-10-23 of the Official Code of Georgia Annotated or any other
general law of this state shall not apply to magistrates of the
Magistrate Court of DeKalb County.
(e) The compensation of the chief magistrate, full-time
magistrates, or part-time magistrates shall not be reduced dur-
ing the term of office to which they are elected or appointed.
Section 4. The clerk of the State Court of DeKalb County
shall serve as the clerk of the Magistrate Court of DeKalb
County. While serving as clerk of the magistrate court, the clerk
of the state court shall have and may exercise all of the powers
and duties provided by law for clerks of magistrate courts.
Section 5. The marshal of the State Court of DeKalb
County shall serve as chief constable of the Magistrate Court
of DeKalb County. Deputy marshals of the State Court of DeKalb
County shall serve as constables of the Magistrate Court of De-
Kalb County. While serving as constables, such persons shall
4822 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
have and may exercise all of the powers and duties provided
by law for constables of magistrate courts. The compensation
of such persons serving as constables, if any, shall be fixed by
the governing authority of DeKalb County.
Section 6. In each action or case, except for criminal or
quasi-criminal actions or cases, which is filed in the Magistrate
Court of DeKalb County, a fee may be charged and collected,
in addition to all other legal costs, for the purpose of providing
funds for the maintenance and operation of the county law li-
brary of DeKalb County and for those uses specified in Code
Section 36-15-7 of the O.C.G.A. and under the conditions speci-
fied in Code Section 36-15-9 of the O.C.G.A.
Section 7. Magistrates appointed pursuant to Code Section
15-10-20 of the O.C.G.A. shall serve at the pleasure of the chief
magistrate.
Section 8. The provisions of this Act shall not affect the
term of office of any person who is in office as chief magistrate
or magistrate of the Magistrate Court of DeKalb County on
July 1, 1985. For purposes of this Act, unless the context other-
wise clearly requires, "chief magistrate or "magistrate means
the chief magistrate, or magistrate, respectively, of the Magis-
trate Court of DeKalb County.
Section 9. This Act shall become effective on July 1, 1985.
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 of intent to introduce local legislation
to make provisions for the Magistrate Court of DeKalb County,
created by an Act approved March 18, 1983 (Ga. L. 1983, p.
884), and for other purposes.
J. Max Davis
Representative,
45th District
GEORGIA LAWS 1985 SESSION
4823
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, J. Max Davis, who, on oath,
deposes and says that he is Representative from the 45th Dis-
trict, and that the attached copy of Notice of Intention to Intro-
duce Local Legislation was published in the Decatur DeKalb
News/Era which is the official organ of DeKalb County, on the
following date: February 14, 1985.
/s/ J. Max Davis
Representative,
45th District
Sworn to and subscribed before me,
this 18th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 28, 1985.
BACON COUNTY BOARD OF EDUCATION; ELECTIONS;
REFERENDUM.
No. 474 (House Bill No. 881).
AN ACT
To amend an Act providing for the election of the board
of education of Bacon County, approved February 20, 1976 (Ga.
L. 1976, p. 2713), so as to provide for the nonpartisan election
of the chairman and five other members of the board; to provide
for election districts for each member; to provide for a single-
term at-large member; to provide for other matters relative to
the foregoing; to provide for a referendum; to repeal conflicting
laws; and for other purposes.
4824 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act providing for the election of the board
of education of Bacon County, approved February 20, 1976 (Ga.
L. 1976, p. 2713), is amended by striking Sections 1, 2, and 3
of Article II and inserting in their place new Sections 1, 2, and
3 to read as follows:
"Section 1. (a) For purposes of electing the six members
of the board of education of Bacon County, each of whom
must reside in the district from which the person is to be
elected, the county is divided into six districts as follows:
District 1
All that territory embraced inside the
boundaries of Bacon County
District 2
Bacon
Tract 9901
That part of Block 254 inside the
City of Alma
Those parts of Blocks 334 and 338
inside 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 inside
the City of Alma
District 3
Bacon
Tract 9901
Blocks 339 through 350, 374 through
389, and 396 through 399
GEORGIA LAWS 1985 SESSION
4825
Blocks 404 through 420
Those parts of Blocks 502, 503, and
527 inside the City of Alma
Blocks 528 through 530
That part of Block 531 inside the
City of Alma
Block 532
Those parts of Blocks 533, 536, 538,
and 539 inside 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
inside the City of Alma
That part of Block 857 inside 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 329 through
333
That part of Block 334 outside
the City of Alma
Blocks 335 through 337
That part of Block 338 outside
the City of Alma
District 5
Bacon
Tract 9901
That part of Block 539 outside
the City of Alma
4826 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 328
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, and 536 outside the
City of Alma
Block 537
That part of Block 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
Blocks 761 through 797
That part of Block 801 lying
north of Georgia Power line
GEORGIA LAWS 1985 SESSION
4827
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.
(c) As used in this section, the terms 'tract and 'block
shall mean and describe the same geographical boundaries
as provided in the report of the Bureau of the Census for
the United States decennial census of 1980 for the State
of Georgia. When the description refers to a city, it shall
mean the geographical boundaries of that city as shown on
the census maps for the United States decennial census of
1980 for the State of Georgia.
Section 2. (a) Members of the board of education in
office on the effective date of this Act shall continue to serve
until the expiration of their respective terms.
(b) (1) At the general election in 1986, there shall
be elected three members of the board, one member each
from Districts 2, 4, and 6.
(2) At the general election in 1986, there shall be
elected one at-large member for a term of two years.
Such position shall be terminated at the expiration of
such term and the board shall continue as a six-member
board as provided for in this Act.
(3) At the general election in 1988, the chairman
shall be elected from District 1, which is the entire
county, and one member each from Districts 3 and 5.
(c) Each member shall be elected for a term to begin
on January 1 following the members election and until a
successor is elected and qualified. Successors shall be elected
at the general election immediately preceding the expiration
of the term of office of the incumbent.
4828 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(d) No person shall be eligible to qualify as a candidate
for election to the board of education unless such person
has been a bona fide resident, for at least one year immedi-
ately preceding the date of the general election, of the district
from which he is a candidate. Candidates shall be elected
by a majority of the qualified voters of the respective district
voting at the election. All members shall be nominated and
elected in accordance with Chapter 2 of Title 21 of the
O.C.G.A., the 'Georgia Election Code; provided, however,
that elections shall be nonpartisan and the names of the
candidates shall be listed upon the ballot without party la-
bels.
Section 3. Vacancies occurring on the board which oc-
cur within the first two years of a term of office shall be
filled by the remaining members of the board electing a
successor to serve until the next general election, at which
time a successor shall be elected by the electors of the district
in which the vacancy occurred to serve out the unexpired
term of office. Vacancies occurring during the last two years
of a term of office shall be filled by the remaining members
of the board electing a successor to serve out the unexpired
term of office.
Section 2. Not less than 30 days nor more than one year
following the approval of this Act by the Governor or upon
its becoming law without his approval, it shall be the duty of
the election superintendent of Bacon County to issue the call
for an election for the purpose of submitting this Act to the
electors of the Bacon County School District for approval or
rejection. The election superintendent shall issue the call for
such election at least 30 days, but not more than 45 days, prior
to the date set for the election. 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 Bacon County. The ballot shall
have written or printed thereon the words:
"( ) YES Shall the Act providing for the non-
partisan election of the chairman and
( ) NO five members of the board of educa-
tion of Bacon County, providing for
a single-term at-large member, and
providing for election districts and
terms be approved?
GEORGIA LAWS .1985 SESSION
4829
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 Bacon County.
It shall be the duty of the election superintendent to hold and
conduct such election. It shall be the superintendents further
duty to certify the result thereof to the Secretary of State.
Section 3. 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
1985 session of the General Assembly of Georgia a bill to amend
an Act providing for the election of Board of Education of Bacon
County, approved February 20, 1976, (Georgia Laws 1976, page
2713); and for other purposes.
This 8th day of February, 1985.
Jack C. Carter
Chairman, Bacon County
Board of Education
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 14, 1985.
/s/ Tommy Smith
Representative,
152nd District
4830 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 18th day of February 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 28, 1985.
CITY OF CENTERVILLE MAYOR AND COUNCILMEN;
QUALIFICATIONS.
No. 475 (House Bill No. 890).
AN ACT
To amend an Act incorporating the City of Centerville, ap-
proved March 25, 1958 (Ga. L. 1958, p. 3323), as amended, so
as to change the provisions relating to qualifications of candi-
dates for election to the office of mayor or councilman; to require
the mayor and councilmen to reside within the city during their
terms of office; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act incorporating the City of Centerville,
approved March 25, 1958 (Ga. L. 1958, p. 3323), 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 mayor and councilmen shall be qualified
to vote for members of the General Assembly of Georgia,
shall be at least twenty-one (21) years of age, and shall have
been a resident of such corporation for at least six (6) months
prior to the election at which office is sought. On and after
December 1, 1985, the mayor and councilmen shall be re-
quired to continue to reside in the city during their terms
of office; and the office of the mayor or any councilman shall
GEORGIA LAWS 1985 SESSION
4831
be declared vacant upon the person holding such office re-
moving his residence from the city.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced in the
1985 session of the General Assembly of Georgia a bill to amend
the charter of the City of "Centerville so as to provide that
the Mayor and City Councilman must be an actual resident
of "Centerville during his respective term of office; to repeal
conflicting laws; and for other purposes.
This 28th day of January 1985.
Ted Waddle
Representative,
113th District
Georgia, Houston County.
Personally appeared before me this date, Jim Kerce, pub-
lisher of The Houston Home Journal, Perry, Ga., the Official
Organ of Houston County, Georgia, who certifies that the Legal
Notice, Intent to Introduce Local Legislation was published in
The Houston Home Journal on the following dates: February
7, 1985.
This 8th day of February, 1985.
/s/ Jim Kerce
Publisher,
Houston Home Journal
Perry, Georgia
Sworn to and subscribed before me
this 8th day of February 1985.
/s/ Tammy Draper
Notary Public, Georgia, State at Large.
My Commission Expires Oct. 8, 1988.
(Seal).
Approved March 28, 1985.
4832 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
MADISON COUNTY INDUSTRIAL DEVELOPMENT AND
BUILDING AUTHORITY LOCAL CONSTITUTIONAL
AMENDMENT CONTINUED.
No. 476 (House Bill No. 894).
AN ACT
To continue in force and effect as a part of the Constitution
of the State of Georgia that constitutional amendment which
was proposed by Resolution Act No. 55 (House Resolution No.
184-423) of the 1965 General Assembly (Ga. L. 1965, p. 718),
and which was duly ratified at the 1966 general election and
which relates to the creation, powers, authority, funds, purposes,
and procedures of the Madison County Industrial Development
and Building Authority; to provide the authority for this Act;
to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. That constitutional amendment which was pro-
posed by Resolution Act No. 55 (House Resolution No. 184-423)
of the 1965 General Assembly (Ga. L. 1965, p. 718), and which
was duly ratified at the 1966 general election and which relates
to the creation, powers, authority, funds, purposes, and proce-
dures of the Madison County Industrial Development and Build-
ing Authority shall not be repealed or deleted on July 1, 1987,
as a part of the Constitution of the State of Georgia but is specifi-
cally continued in force and effect on and after that date as a
part of the Constitution of the State of Georgia.
Section 2. This Act is passed pursuant to Article XI, Sec-
tion I, Paragraph IV of the Constitution of the State of Georgia
which authorizes the continuation of certain amendments to
the Constitution.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Notice of Intent to Introduce Local Legislation.
Notice is given that there will be introduced at the regular
1985 session of the General Assembly of Georgia a bill to con-
GEORGIA LAWS 1985 SESSION
4833
tinue in force and effect as a part of the Constitution of Georgia
that Constitutional Amendment which was proposed by Resolu-
tion Act No. 55 of the 1965 General Assembly (Ga. Laws 1965,
p. 718) in which was duly ratified at the 1966 General Election
in which relates to the creation, powers, authority, funds, pur-
poses, and procedures of the Madison County Industrial Develop-
ment and Building Authority; to provide the authority for this
act, and for other purposes.
This 12th day of February, 1985.
Bill Madden, Chairman
Board of Commissioners
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Louie Max Clark, who,
on oath, deposes and says that he is Representative from the
13th District, and that the attached copy of Notice of Intention
to Introduce Local Legislation was published in the Danielsville
Monitor which is the official organ of Madison County, on the
following date: February 15, 1985.
/s/ Louie Max Clark
Representative,
13th District
Sworn to and subscribed before me,
this 19th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 28, 1985.
4834 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
MADISON COUNTY BOARD OF EDUCATION; LOCAL
CONSTITUTIONAL AMENDMENT CONTINUED.
No. 477 (House Bill No. 895).
AN ACT
To continue in force and effect as a part of the Constitution
of the State of Georgia that constitutional amendment which
was proposed by Resolution Act No. 126 (House Resolution No.
378-840) of the 1964 General Assembly (Ga. L. 1964, p. 885),
and which was duly ratified at the 1964 general election and
which relates to the election, qualifications, and terms of office
of members of the Board of Education of Madison County; to
provide the authority for this Act; to repeal conflicting laws;
and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. That constitutional amendment which was pro-
posed by Resolution Act No. 126 (House Resolution No. 378-
840) of the 1964 General Assembly (Ga. L. 1964, p. 885), and
which was duly ratified at the 1964 general election and which
relates to the election, qualifications, and terms of office of mem-
bers of the Board of Education of Madison County shall not
be repealed or deleted on July 1, 1987, as a part of the Constitu-
tion of the State of Georgia but is specifically continued in force
and effect on and after that date as a part of the Constitution
of the State of Georgia.
Section 2. This Act is passed pursuant to Article XI, Sec-
tion I, Paragraph IV of the Constitution of the State of Georgia
which authorizes the continuation of certain amendments to
the Constitution.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Notice of Intent to Introduce Local Legislation.
Notice is given that there will be introduced at the regular
1985 session of the General Assembly of Georgia a bill to con-
GEORGIA LAWS 1985 SESSION
4835
tinue in force and effect as a part of the Constitution of Georgia
that Constitutional Amendment which was proposed by Resolu-
tion Act No. 126 of the 1964 General Assembly (Ga. Laws 1964
page 885) in which was duly ratified at the 1964 General Election
in which relates to the election, qualifications, and terms of
office of members of the Board of Education of Madison County;
to provide the authority for this Act, and for other purposes.
This 12th day of February, 1985.
Jim Perkins
Superintendent of Schools
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Louie Max Clark, who,
on oath, deposes and says that he is Representative from the
13th District, and that the attached copy of Notice of Intention
to Introduce Local Legislation was published in the Danielsville
Monitor which is the official organ of Madison County, on the
following date: February 15, 1985.
/s/ Louie Max Clark
Representative,
13th District
Sworn to and subscribed before me,
this 19th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 28, 1985.
4836 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
PIERCE COUNTY BOARD OF COMMISSIONERS;
ELECTIONS; REFERENDUM.
No. 478 (House Bill No. 909).
AN ACT
To amend an Act creating a board of commissioners of Pierce
County, approved March 25, 1937 (Ga. L. 1937, p. 1397), as
amended, so as to provide for a five-member board of commis-
sioners; to provide for election districts; to provide for elections;
to provide for terms of office; to provide for meetings; to provide
for a quorum; to provide procedures; 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
Pierce County, approved March 25, 1937 (Ga. L. 1937, p. 1397),
as amended, is amended by striking Sections 1 and 2 and insert-
ing in lieu thereof a new Section 1 to read as follows:
"Section 1. (a) There is created a board of commission-
ers of Pierce County. The board shall be composed of five
members to be elected as hereinafter provided. For the pur-
pose of electing members of the board, Pierce County shall
be divided into four commissioner districts as follows:
(1) Commissioner District No. 1 shall be composed
of the following territory within Pierce County:
Tract 9902
Blocks 233, 235, 264, 265, 268
through 272, 277 through 289, 301,
303 through 309, 311 through 316,
324 through 333, 335 through 372,
and 484
(2) Commissioner District No. 2 shall be composed
of the following territory within Pierce County:
GEORGIA LAWS 1985 SESSION
4837
Tract 9901
That part of Block 225 inside the
City of Blackshear
Blocks 230 through 236
That part of Block 237 inside the
City of Blackshear
Blocks 238 through 268
That part of Block 271 inside the
City of Blackshear
Blocks 312 through 322, 327 through
330, 340, 356 through 365, and
368 through 380
Block Group 4
Tract 9902
Blocks 224 through 232, 236 through
241, 243 through 263, 273 through
276, 294 through 296, 318 through
323, and 334
(3) Commissioner District No. 3 shall be composed
of the following territory within Pierce County:
Tract 9901
That part of Block 139 inside the
City of Patterson
Blocks 155 through 161, 168 through
178, and 180 through 190
That part of Block 199 inside the
City of Patterson
Blocks 201 through 224
That part of Block 225 outside the
City of Blackshear
Blocks 227 and 228
That part of Block 237 outside the
City of Blackshear
Blocks 269 and 270
That part of Block 271 outside the
City of Blackshear
Blocks 272 through 289, 301 through
311, 323 through 326, 341 through
355, 366, 367, and 381 through 390
(4) Commissioner District No. 4 shall be composed
of the following territory within Pierce County:
4838 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Tract 9901
Blocks 101 through 115, 117 through
119, 123, 126 through 130, and
134 through 138
That part of Block 139 outside the
City of Patterson
Blocks 140 through 142, 144 through
154, and 162 through 167
That part of Block 199 outside the
City of Patterson
Tract 9902
Block Group 1
Blocks 201 through 223 and 399
(b) For purposes of this section, the terms 'Tract or
'Census Tract, 'Block Group, and 'Block shall mean and
shall describe the same geographical boundaries as provided
in the report of the Bureau of the Census for the United
States decennial census of 1980 for the State of Georgia.
(c) There shall be one member of the board elected by
the voters of the entire county who shall be the chairman.
Any person desiring to qualify as a candidate for chairman
shall designate that he is qualifying for the chairman post.
A candidate for chairman may reside anywhere in Pierce
County. Any person qualifying for the chairman post shall
not be permitted to qualify as a candidate for election to
the board from any education district as provided in subsec-
tion (d) of this section.
(d) There shall be one member of the board elected from
each commissioner district. Any person qualifying as a candi-
date shall designate the commissioner district for which he
desires to qualify. A person may not offer as a candidate
for election to the board from any commissioner district
other than from the commissioner district in which he is
a legal resident. The members of the board of commissioners
elected pursuant to this subsection shall be elected by the
voters residing within the commissioner district in which
such member has offered as a candidate.
(e) The members of the board of commissioners of Pierce
County in office on January 1, 1985, shall continue in office
until December 31,1986, and until their successors are duly
elected and qualified.
GEORGIA LAWS 1985 SESSION
4839
(f) The members of the board of commissioners of Pierce
County provided for in this section shall be elected at the
general election of 1986 and shall take office on January
1, 1987. Members elected from Commissioner District No.
1 and Commissioner District No. 3 shall be elected for terms
of two years and until their successors are elected and quali-
fied. Members elected from Commissioner District No. 2 and
Commissioner District No. 4 and the member elected as
chairman shall be elected for terms of four years and until
their successors are elected and qualified. Thereafter, succes-
sors shall be elected at the general election immediately
preceding the expiration of their terms of office and shall
take office on the first day of January immediately following
their election for terms of four years and until their succes-
sors are elected and qualified. All members of said board
shall be nominated and elected in accordance with the provi-
sions of Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia
Election Code.
Section 2. Said Act is further amended by striking Section
10 and inserting in lieu thereof a new Section 10 to read as
follows:
"Section 10. The board shall hold regular meetings on
the first Tuesday in each month, and at such other times
as said board may fix, for the transaction of the business
of the county. Three members of said board shall constitute
a quorum for the transaction of business. The chairman may
vote on all questions before the board and the vote of each
commissioner shall have equal weight and dignity as that
of the chairman or any other member. A majority of the
board present at a meeting must concur in order to pass
any order or resolution or let any contract or grant or allow
any claim against the county, and their acts on all such
matters must be duly entered on the minutes of the board
in order to be valid.
Section 3. Not less than 30 days nor more than one year
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 Pierce County to issue the call for an election
for the purpose of submitting this Act to the electors of Pierce
County for approval or rejection. The superintendent shall set
the date of such election for a day not less than 30 nor more
4840 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 preced-
ing the date thereof in the official organ of Pierce County. The
ballot shall have written or printed thereon the words:
"( ) YES Shall the Act providing for a five-
member board of commissioners of
( ) NO Pierce County and providing for elec-
tion districts and terms 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 Pierce County.
It shall be the duty of the superintendent to hold and conduct
such election. It shall be his further duty to certify the result
thereof to the Secretary of State.
Section 4. 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
1985 session of the General Assembley of Georgia a bill to amend
an Act creating the Board of Commissioners of Pierce County,
approved March 25, 1937 (Ga. L. 1937, p. 1397), as amended;
and for other purposes.
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 Blackshear
Times which is the official organ of Pierce County, on the follow-
ing date: February 14, 1985.
GEORGIA LAWS 1985 SESSION
4841
/s/ Tommy Smith
Representative,
152nd District
Sworn to and subscribed before me,
this 20th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 28, 1985.
PIERCE COUNTY BOARD OF EDUCATION; ELECTIONS;
REFERENDUM.
No. 479 (House Bill No. 910).
AN ACT
To amend an Act approved April 12, 1982 (Ga. L. 1982, p.
4649) providing for the composition and selection of the board
of education of Pierce County, so as to provide that each member
of the board of education shall be elected by the voters residing
within the education district in which such member has offered
as a candidate; 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 approved April 12, 1982 (Ga. L. 1982,
p. 4649) providing for the composition and selection of the board
of education of Pierce County, is amended by striking subsection
(b) of Section 2 and inserting in lieu thereof a new subsection
(b) to read as follows:
4842 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
"(b) There shall be one member of the board elected
from each education district. Any person qualifying as a
candidate shall designate the education district for which
he desires to qualify. A person may not offer as a candidate
for election to the board from any education district other
than from the education district in which he is a legal resi-
dent. Each member of the board of education elected pur-
suant to this subsection shall be elected by the voters residing
within the education district in which such member has of-
fered as a candidate.
Section 2. Not less than 30 days nor more than one year
following the approval of this Act by the Governor or upon
its becoming law without his approval, it shall be the duty of
the election superintendent of Pierce County to issue the call
for an election for the purpose of submitting this Act to the
electors of Pierce County for approval or rejection. The superin-
tendent 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 immedi-
ately preceding the date thereof in the official organ of Pierce
County. The ballot shall have written or printed thereon the
words:
If ) YES Shall the Act providing that each
member of the board of education of
( ) NO Pierce County shall be elected by the
voters residing within the education
district in which such member has of-
fered as a candidate 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 Pierce County.
It shall be the duty of the superintendent to hold and conduct
such election. It shall be his further duty to certify the result
thereof to the Secretary of State.
GEORGIA LAWS 1985 SESSION
4843
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
1985 session of the General Assembly of Georgia a bill to amend
an act approved April 12, 1982 (Ga. L. 1982, P. 4649) providing
for the composition and selection of the Board of Education of
Pierce County; and for other purposes.
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 Blackshear
Times which is the official organ of Pierce County, on the follow-
ing date: February 14, 1985.
/s/ Tommy Smith
Representative,
152nd District
Sworn to and subscribed before me,
this 20th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 28, 1985.
4844 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CITY OF UNION CITY MUNICIPAL COURT; ASSOCIATE
JUDGE.
No. 480 (House Bill No. 912).
AN ACT
To amend an Act providing a new charter for the City of
Union City, Georgia, approved April 13, 1982 (Ga. L. 1982, p.
4676), so as to provide for the appointment of an associate judge
of the municipal court; to provide qualifications; to provide an
effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act providing a new charter for the City
of Union City, Georgia, approved April 13, 1982 (Ga. L. 1982,
p. 4676), is amended by adding at the end of Section 6-106, relat-
ing to warrants and the municipal judges authority to hear
evidence, a new subsection (d) to read as follows:
"(d) The mayor and council of the City of Union City
shall have the authority to appoint an associate judge to
sign all warrants, summons, receipts, executions, or other
processes which the judge of the municipal court has the
authority to sign. No person shall be qualified or eligible
to act as an associate judge unless he or she is at least 25
years of age.
Section 2. This Act shall become effective on the first day
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 Apply For Local Legislation.
Notice is hereby given that there will be introduced in the
1985 Session of the General Assembly of Georgia a bill to amend
an Act creating the City Charter of the City of Union City (Ga.
GEORGIA LAWS 1985 SESSION
4845
Laws 1982, page 4676 et seq.) so as to provide for the appoint-
ment of an Associate Judge in the Municipal Court for the City
of Union City; to repeal conflicting laws; and for other purposes.
William R. McNally
City Attorney,
City of Union City
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Helen Selman, who, on
oath, deposes and says that she is Representative from the 32nd
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 7, 1985.
/s/ Helen Selman
Representative,
32nd District
Sworn to and subscribed before me,
this 18th day of February, 1985.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 11, 1988.
(Seal).
Approved March 28, 1985.
4846 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CITY OF PEMBROKE NEW CHARTER.
No. 481 (House Bill No. 920).
AN ACT
To amend, consolidate, create, revise, and supersede the sev-
eral Acts incorporating the City of Pembroke, in the County
of Bryan, and State of Georgia, and especially the Act approved
February 21,1951 (Ga. L. 1951, p. 3370), and any and all amend-
ments thereto and relating thereto incorporating the City of
Pembroke; to create a new charter for said city; to provide a
municipal government therefor; to define the territorial limits
of said city; to provide for the powers thereof; to provide for a
mayor and council and to define their powers and duties; to
define the special powers and duties of the mayor; to provide
for elections of mayor and council; to declare the manner and
form in which they shall be elected and qualified; to define their
qualifications and terms of office; to provide for their meetings
and for the methods of appointing and electing officers and em-
ployees of said city; to provide the method and manner of filling
vacancies; to provide for the assessment, levy, and collection
of ad valorem taxes; to provide for fees, licenses, charges, and
assessments; to provide for a recorders court, its officers, juris-
dictional limits, punishments, the issuance of warrants, wit-
nesses, appeals and certiorari therefrom, appearance bonds and
forfeiture; to provide for the appointment of a clerk-treasurer,
police, city attorney, and other officers and employees; to define
their duties and powers; to provide for salary and compensation
of officers and employees of the City of Pembroke; to provide
for the working, maintenance, and extension of streets, alleys,
squares, parks, cemeteries, and public buildings of said city;
to authorize the mayor and council to construct, operate, control,
and extend the waterworks and sewerage system of the said
city and to provide the manner of doing same; to authorize the
taxing and licensing of all kinds of businesses, trades, profes-
sions, and vocations, and other things in the City of Pembroke;
to provide and regulate fire, sanitary, and public protection;
to provide for the preservation and promotion of the public wel-
fare, the peace and safety of the community, and for all other
matters necessary for the general welfare of said city; to provide
for other matters relative to the foregoing; to provide for sever-
ability; to repeal conflicting laws; and for other purposes.
GEORGIA LAWS 1985 SESSION
4847
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
ARTICLE I
INCORPORATION
Section 1. (a) The inhabitants of the territory embraced
in the corporate limits of the City of Pembroke located in Bryan
County, Georgia, as such corporate limits are defined by Section
2 of this Act, are continued to be incorporated under the name
and style of the "City of Pembroke and by that name shall
be and are invested with all the rights, powers, and privileges
incidental to municipal corporations in this state, and all the
rights, powers, titles, property, easements, and hereditaments
now belonging to or in any way appertaining to the City of
Pembroke as incorporated prior to the effective date of this Act,
with power to govern themselves and the territory within the
corporate limits of said city by such ordinances, rules, regula-
tions, and resolutions for the transaction of its business and
the welfare and proper government of said city as may be pro-
mulgated under the terms and provisions of this charter not
in conflict with the Constitution or laws of this state or of the
United States. The City of Pembroke, as a municipality, shall
have perpetual succession and is vested with the right to con-
tract, to be contracted with, to plead and to be impleaded, to
buy, lease, own, enjoy, and sell property of all kinds; to have
and use a common seal, and to do all other things and acts as
may be necessary or needful to promote the municipal corporate
purposes of said city; and to exercise such rights, powers, func-
tions, privileges, and immunities as ordinarily belong to munici-
pal corporations generally under the laws of the State of Georgia
as such laws now or hereafter exist.
(b) The City of Pembroke as created by this Act is made
responsible as a corporate body for all the legal debts, liabilities,
and undertakings and shall succeed to all the rights of the City
of Pembroke as incorporated prior to the effective date of this
Act; and all existing valid ordinances, rules, bylaws, resolutions,
and regulations of the City of Pembroke which are in effect
on the effective date of this Act and which are not inconsistent
with or repugnant to this Act are continued in full force and
effect. However, the city council may repeal, alter, or amend
any such ordinances, rules, regulations, or resolutions as pro-
vided in this Act.
4848 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(c) The City of Pembroke, through the city council, shall
have the power to acquire, dispose of, or hold in trust or other-
wise any real, personal, or mixed property in fee simple or lesser
interests inside or outside the corporate limits of the city; the
power 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; and the power
to acquire property by condemnation inside or outside its corpo-
rate limits for its corporate purposes and functions pursuant
to the authority of Title 22 of the O.C.G. A. and other applicable
laws.
(d) The city council shall have power to make and enter
into contracts and agreements, as it may deem necessary for
the welfare of the city or its citizens and for public service and
convenience, and the power specially to make contracts with
public or private electric light or power concerns, waterworks
plants, or gas companies, or any other firm or company for its
or their products.
Section 2. The corporate limits of the City of Pembroke
shall extend, in every direction, the distance of one mile from
the police station, which was formerly the depot, or warehouse,
of the Seaboard Coastline Railroad Company, as now situated.
Section 3. (a) The government, supervision, powers, and
control of the City of Pembroke shall be vested in the mayor
and five council members to be known as "city council. The
mayor and council members shall be elected from the city at
large in the manner provided by this Act. The term of the mayor
and each council member shall be for two years.
(b) The mayor and council elected under the former charter
of the City of Pembroke provided by the Act approved February
21, 1951 (Ga. L. 1951, p. 3370), as amended, shall continue to
serve in office under this charter until the expiration of their
present terms of office on the second Tuesday in January, 1986,
and until their successors are elected and qualified; and they
and their successors shall have and exercise all the rights, pow-
ers, privileges, and duties conferred on the mayor and council
of the City of Pembroke by this Act.
(c) Any person who is a resident of the City of Pembroke,
who is qualified and registered to vote, shall be qualified to be
elected to serve as mayor or as a member of the city council.
GEORGIA LAWS 1985 SESSION
4849
Section 4. The next general election for mayor and council
shall be held on the second Tuesday in December, 1985, at which
time a mayor and five council members shall be elected to take
office on the second Tuesday in January, 1986, for a term of
two years and until their successors are elected and qualified.
Thereafter, successors shall be elected at the municipal general
election which shall be held on the second Tuesday in December
of each odd-numbered year, and such successors shall take office
on the second Tuesday in January immediately following their
election for terms of two years and until their successors are
elected and qualified.
Section 5. (a) The election of the mayor and council mem-
bers shall be by plurality of the votes cast. The candidate for
mayor who receives the highest number of votes cast shall be
the winner and shall be elected. The five candidates for council
member who receive the highest numbers of votes cast shall
be the winners and shall be elected. There shall be no primary
elections in the City of Pembroke and elections for mayor and
council members shall be nonpartisan.
(b) Subject to the requirements of subsection (a) of this sec-
tion, all elections for mayor and council members of the City
of Pembroke, including special elections to fill vacancies as pro-
vided in Section 6 of this Act, shall be held and conducted and
shall be subject to the provisions of Chapter 3 of Title 21 of
the O.C.G.A., known as the "Georgia Municipal Election Code.
Section 6. In the event of any vacancy in the office of the
mayor or council member caused by death, resignation, or any
other cause, which vacancy shall occur not less than six months
before the next municipal general election to be held in the
City of Pembroke, such vacancy or vacancies shall be filled at
a special election called for that purpose by the remaining mem-
bers of the mayor and council within ten days after such vacancy
occurs. The mayor or council member, as the case may be,
elected at such special election shall take office immediately
upon the certification of the results of such election to serve
for the remainder of the unexpired term. At any such special
election, the candidate receiving the highest number of votes
cast shall be the winner and shall be elected. If such vacancy
occurs less than six months before the next municipal general
election held in the City of Pembroke, such vacancy shall be
4850 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
filled by appointment made by the mayor and remaining council
members for the unexpired term.
ARTICLE II
EXECUTIVE BRANCH
Section 7. The mayor of the City of Pembroke shall be
the chief executive officer of said city. Said officer shall see that
all laws, ordinances, resolutions, and rules of said city are faith-
fully and fully executed and enforced, and that all officers of
said city faithfully discharge the duties required of them. The
mayor shall have general supervision and jurisdiction of the
affairs of said city and shall preside at all meetings of the city
council. The mayor may not vote on any matter before the city
council except in the event that the council members votes
shall be tied. The mayor shall have the right to veto any ordi-
nance, resolution, rule, or regulation passed or adopted by the
council, if, in the mayors judgment, such ordinance, rule, resolu-
tion, or regulation is not in the best interest of said city. In
the event of a veto, then such ordinance, rule, resolution, or
regulation shall not be valid unless passed at a subsequent regu-
lar meeting of the city council by the affirmative concurring
vote of at least three of the council members present. The ayes
and nays shall be taken and recorded. In the event the mayor
does not approve or veto any ordinance, resolution, rule, or regu-
lation within five days after its passage and adoption by city
council, then the ordinance, resolution, rule, or regulation shall
become of full force and effect in the same manner as if the
same was approved by the mayor.
Section 8. The mayor and council at the first regular meet-
ing in each calendar year, or as soon as convenient thereafter,
shall elect a council member as mayor pro tempore, whose duties
shall be to perform all the duties of mayor in case of death,
absence, resignation, disqualification, or disability of the mayor.
The council member elected mayor pro tempore shall hold said
office for a term of one year and thereafter until a successor
is elected.
Section 9. (a) The office of clerk and treasurer of said city
shall be combined so that one person shall hold both positions.
As used in this Act, the word "clerk or the term "clerk of
the city council shall mean the clerk-treasurer provided for
GEORGIA LAWS 1985 SESSION
4851
in this subsection unless the context clearly requires otherwise.
The clerk shall be elected by the mayor and council at the organi-
zational meeting held in January, 1986, and biannually thereaf-
ter. It shall be the duty of such clerk to collect and keep, subject
to the direction of said city council, all money due and belonging
to said city, to be the custodian of the books and records of
said city, to attend All meetings of the city council, to keep
and preserve a minute record of all acts and doings of each
meeting of the city council, and to perform such other duties
as are required of said clerk by this Act and which may be
required, from time to time, by the city council.
(b) The clerk shall keep records in which entries shall be
made of all sums of money received and paid out, when and
to whom paid, and for what purposes. The clerk shall give re-
ceipts for all money received by said officer and take receipts
for all money paid out by said officer. Except as otherwise pro-
vided by this charter or by ordinance or resolution of the city
council, the clerk shall collect municipal taxes and issue all
executions for and against defaulters for taxes, for fines, and
for other purposes. Such executions shall be directed to the chief
of police of said city or the chiefs deputies, or to any and all
law enforcement officers of the City of Pembroke, County of
Bryan, State of Georgia, or of the United States. The clerk shall
issue licenses and collect license fees and other moneys due
the city and shall be the custodian of the funds of the city.
The clerk shall do and perform such other duties as may be
imposed upon said officer by the mayor and council. The clerk
shall receive such salary as the city council may fix as compensa-
tion for the clerks services.
(c) Before entering upon the discharge of the duties of the
office of clerk, a person taking such office shall take and sub-
scribe the oath of office and enter into such bond as the city
council shall deem proper. The surety on the bond shall be a
duly authorized guaranty or surety company approved by the
mayor. The bond shall be payable to the City of Pembroke condi-
tioned upon the faithful discharge of all duties devolving upon
the person as clerk of the city council. The bond shall also be
conditioned upon the person holding office as clerk collecting
and accounting for all moneys and other income of the City
of Pembroke which is received by the person in carrying out
the duties of the clerk.
4852 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(d) The city council may employ assistants for the clerk
as the council deems necessary to assist said officer in carrying
out the duties, functions, and responsibilities of the office.
Section 10. The mayor and council members shall elect
a city attorney who shall act as legal advisor and attorney for
the municipality and all its officers and departments in matters
relating to their official duties. The city attorney shall be an
attorney licensed to practice law in the State of Georgia and
a resident of Bryan County, Georgia, or one of the several coun-
ties of the State of Georgia adjoining Bryan County.
Section 11. The city council shall have an audit made of
all the city records and books on or before the second Tuesday
in April of each year. Such an audit shall be performed by a
certified public accountant.
ARTICLE III
LEGISLATIVE BRANCH
Section 12. (a) The legislative power of the City of Pem-
broke shall be vested in a council to be composed of five members
to be elected in the manner provided for in this Act.
Ob) No ordinance, resolution, or other act of the city council
having the effect of an ordinance shall be passed except at a
regular meeting of the city council and not until said ordinance
shall have been read at two consecutive regular meetings of
said city council.
Section 13. (a) The city council is authorized to fix and
determine the compensation, terms of office, and salary to be
received by all city employees. The council may determine how,
when, and in what manner such compensation and salary shall
be paid, and such salaries and compensation shall be in such
amounts as the city council shall deem proper. The salary and
compensation for all employees shall be fixed and determined
at the first regular meeting of city council for each calendar
year; and, when once fixed and determined, the same amount
shall be paid in the same manner, until same shall be changed
by the city council.
(b) The city council shall be authorized to fix the compensa-
tion of the mayor and council members in accordance with the
GEORGIA LAWS 1985 SESSION
4853
provisions of Code Section 36-35-4 of the O.C.G. A. The compensa-
tion received by such elected public officials pursuant to the
former charter of the City of Pembroke provided by the Act
approved February 21, 1951 (Ga. L. 1951, p. 3370), as amended,
shall be continued until such compensation is changed pursuant
to said Code Section 36-35-4.
(c) The city council is authorized to terminate any officer
or employee employed or elected by the council upon reasonable
cause, with or without notice, but upon request shall furnish
to any officer or employee so discharged or terminated a written
statement of the reasons for the termination or discharge of
said officer or employee.
Section 14. (a) The mayor, at the first meeting in January
of each year, or as soon thereafter as practicable, shall appoint
a committee to be known as the police committee, said commit-
tee to be composed of the mayor and two council members, to
serve for one year. The police committee shall elect and employ
a chief of police for a term of one year; and they shall have
the power to prescribe the special duties of the chief of police
and to fix the compensation of said officer, subject to approval
of the full council, and to dismiss the person serving as chief
of police for any reason the police committee deems sufficient.
The police committee shall require a surety bond of the chief
of police payable to the mayor and the mayors successors
in office for the faithful performance of duties as chief of
police.
0)) The action of the police committee in discharging the
chief of police or other police officers shall be subject to review
by the city council. If as many as three council members vote
to retain and reinstate such officer dismissed by the police com-
mittee, such action of the city council shall be binding on the
police committee; and the officer shall continue in service for
the city at the same rate of pay and with the same duties as
before being discharged by the police committee.
(c) The police committee shall employ as many other police
officers as the committee finds necessary. The police committee
shall determine and prescribe the compensation, eligibility, and
qualifications of such officers, but the compensation of such offi-
cers shall be subject to approval of the city council.
4854 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(d) The chief of police shall be responsible for the preserva-
tion of the public peace, prevention of crime, apprehension of
criminals, protection of the rights of persons and property, and
enforcement of the laws of the state, the ordinances of the city,
and all rules and regulations made in accordance therewith.
In the performance of these duties, any police officers of the
city shall have the power to arrest any person violating the
ordinances of the city, with or without summons or warrants,
and the power to make arrests for violations of the laws of
the State of Georgia conferred on officers by Chapter 4 of Title
17 of the O.C.G.A., relating to the arrest of persons.
Section 15. (a) The mayor and council shall constitute the
city council of said city and as such shall have full power and
authority, from time to time, to make laws, rules, bylaws, ordi-
nances, regulations, and orders as may seem right and proper
to the city council for the preservation and promotion of the
public welfare, for the peace and safety of the community, and
for all and every other thing incidental to the city government
not prohibited by the Constitution of the State of Georgia or
the laws of the state or by this Act.
(b) The mayor and council of said city shall have the author-
ity to borrow money by making temporary loans to supply casual
deficiencies of revenue in amounts not to exceed the anticipated
revenue of said city according to the assessed value of the taxable
property therein in any one year. The mayor and council are
further authorized to issue revenue bonds or general obligation
bonds or both types of such bonds in accordance with the laws
governing the issuance of such bonds.
(c) The mayor and at least three council members shall
constitute a quorum for the transaction of business before the
city council, and a majority of the votes cast shall determine
all questions before the city council. The mayor or the mayor
pro tempore, if said officer is presiding, shall vote only in case
of a tie.
(d) The city council shall hold regular meetings at least
once each month at fixed days and hours in the city hall of
said city.
(e) The city council may hold such special meetings as may
be called by the mayor, or in the mayors absence, by the mayor
GEORGIA LAWS 1985 SESSION
4855
pro tempore. If three or more council members make a request
in writing to the mayor, or the mayor pro tempore in the mayors
absence, to call a special meeting of the city council, it shall
be mandatory upon the mayor or mayor pro tempore, as the
case may be, to comply with such request. Notice of all special
meetings of city council shall be given to each council member
at least 24 hours before said special meeting unless a member
is out of the city or cannot be located.
(f) All meetings of city council shall be open to the public
in conformity with the requirements of Chapter 14 of Title 50
of the O.C.G.A., relating to meetings of public agencies.
Section 16. (a) All property located within the corporate
limits of the City of Pembroke which is 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 Pem-
broke. The city council shall use the county assessment for
the year in which the city taxes are to be levied and shall re-
quest the county to furnish appropriate information for such
purpose.
(b) The city 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, to whom, and upon what terms such taxes shall
be due and payable. The city council may also authorize the
voluntary payment of taxes prior to the time when due.
(c) The city council may provide by ordinance for the collec-
tion of delinquent taxes by fi.fa. issued by the clerk of the city
council or mayor and executed by any police officer of the city
under the same procedure provided by laws governing execution
of such process from the superior court or by 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 it shall have equal dignity with those
for federal, state, or county taxes.
(d) The city council may fix penalties for the nonpayment
of taxes or the nonpayment of any part of taxes and may offer
a discount for the payment of taxes within specified periods.
4856 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 17. The mayor and council of the City of Pembroke
are authorized to impose, levy, and collect ad valorem taxes
as authorized in Section 16 of this Act for the ordinary current
expenses of said city at a rate not exceeding $1.00 on each
$100.00 of the assessed value of such property. The mayor and
council may impose, levy, and collect additional ad valorem
taxes for the paving and macadamizing of streets and sidewalks
and for the payment of the principal and interest on the public
debt of said city, as may be necessary and proper, in the manner
prescribed by the Constitution and general laws of Georgia.
Section 18. (a) The city council shall have authority to
fix, levy, and assess license fees, charges, or taxes on all persons,
firms, and corporations engaging in or offering to engage in
any trade, business, calling, avocation, or profession within the
city and to classify all such persons, firms, and corporations
according to the nature, manner, and size of business conducted
by such persons, firms, or corporations, and to fix, levy, and
assess different license fees, charges, or taxes against different
classes of trades, businesses, callings, avocations, or professions.
The city council shall be authorized to adopt ordinances to gov-
ern 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 the city, and to
prescribe penalties for the violation of any such ordinances,
including penalties for the operation of such businesses without
obtaining a license or when a license is revoked or suspended.
(b) The city council shall by ordinance provide punishment
of all persons, firms, or corporations who are required to pay
license fees, charges, or taxes who shall engage in or offer to
attempt to engage in the business, calling, or profession without
first complying in all respects with the city ordinances in refer-
ence thereto.
(c) The city council shall have full authority to license, reg-
ulate, and control by ordinance all businesses which are, under
the laws of Georgia, subject to a license or a specific tax. The
city council shall have the same powers with reference to said
licenses and specific taxes as provided in this section for the
enforcement of other business license fees, charges, or taxes,
and the city council may provide for punishment of violations
of ordinances adopted pursuant to such powers.
GEORGIA LAWS 1985 SESSION
4857
(d) The city council may revoke the license of any business
or establishment to which a license may have been granted in
the event the business becomes a nuisance or is dangerous or
injurious to the health and morals of the people of the city.
Section 19. (a) The city council shall have the authority
to grant franchises, easements, and rights of way in, on, over,
and under the streets, alleys, squares, sidewalks, lanes, parks,
and other property of said city. The city council shall likewise
have the authority to pass such ordinances as may be necessary
to carry out and effectuate the provisions of this subsection and
to prescribe a penalty for a violation of such ordinances. No
such grant made by the city council pursuant to this subsection
shall be exclusive, and the right to tax the franchise shall always
be reserved.
(b) The city council may use or authorize use of any street,
alley, or other passageways in said city for railroad, telegraph,
telephone, gas, water, and electric lights. In granting a franchise
for any such purpose, the city council shall fully and completely
guard and protect every interest, present and future, of said
city, and no franchise granted under the authority of this section
shall carry with it any power, right, or privilege except as specifi-
cally enumerated and named in such franchise.
Section 20. (a) The city council shall have the authority
to open, close, lay out, widen, straighten, or otherwise change
the streets, alleys, sidewalks, crossings, or other passageways
of said city and to vacate, close up, open, alter, grade, fill, curb,
pave, drain, and repair the same. The city council shall have
the authority to condemn property for such purposes in accor-
dance with the provisions of Title 22 of the O.C.G.A. The city
council shall have the authority to prescribe such rules and
regulations for laying out, constructing, and maintaining same
and to prescribe by ordinance for the curbing and paving of
all squares, triangles, and intersections of said city as the city
council may deem necessary from time to time. The city council
shall prescribe the kind of materials to be used in such construc-
tion and shall fix the time when notice is to be given and when
the work shall be completed. The city council may supervise
the construction of the same and may reject work not performed
in compliance with the prescribed regulations of the city council.
The city council shall have full and complete authority to re-
4858 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
quire any street, avenue, alley, sidewalk, street crossing, rail-
road crossing, or other passageways to be paved in such a man-
ner and with such material as the city council shall prescribe
by ordinance or resolution.
(b) The city council shall have the power to charge, assess,
and collect the expense and costs of such improvements against
abutting property owners to the center of the street or area
improved and shall have full authority to enforce such ordi-
nances, rules, and regulations and provide such penalties and
issue such executions as may be necessary to carry out the provi-
sions and purposes of this subsection. Upon failure of the abut-
ting owners or those occupying those streets, after notice, to
comply with the requirements of the ordinances of the city coun-
cil adopted pursuant to this subsection, the city council may
direct its officers and persons in its employ to carry out and
execute the provisions of said ordinance in reference to the side-
walks, pavements, and street crossings at the expense of the
owner so refusing or failing to comply with said ordinance, and
the city council is authorized to issue executions for said work
and expense against said owner and collect the same as in the
case of executions for taxes.
(c) Except as otherwise provided by the Constitution and
general laws of Georgia, all real estate owned by Bryan County
or by other political subdivisions of this state and all property
owned by religious or fraternal institutions and organizations
shall be subject to assessment for street, sidewalk, and other
improvements, the same as in the case of an individual owner,
and all the provisions of this charter pertaining thereto shall
apply in like manner to all lands located within the limits of
the City of Pembroke.
(d) Any defendant in execution or any owner of property
against which the same is issued shall have the right to file
an affidavit of illegality, as provided by law in cases of other
executions, which shall be returnable to and tried in the Supe-
rior Court of Bryan County, Georgia, with the right of appeal
to the Supreme Court of Georgia as in other cases.
(e) At any sale under provisions of this section the City
of Pembroke shall have the right to purchase any lands so sold,
as provided by law in cases of tax sales conducted by counties.
GEORGIA LAWS 1985 SESSION
4859
Section 21. The city council is authorized to own and oper-
ate a system of waterworks for supplying water for all purposes
to all persons resident in said city and to other persons as may
be provided by ordinance. The city council shall have full power
to make all rules and regulations for the management and oper-
ation of said water plant and to fix from time to time the rates
charged for water with the right to classify said rates. Said
city council shall have the power to enforce payment for water
and shall have the right to require reasonable deposits as well
as the power to discontinue service until all amounts due by
the consumers whose service is discontinued are paid and until
such consumer shall have paid the penalty prescribed.
Section 22. (a) The city council shall have full power and
authority to establish, construct, and maintain or permit any
person, company, or corporation to construct and maintain one
or more systems of sewerage and drainage or parts of such sys-
tems in said city and around said city for the health, cleanliness,
and comfort of its inhabitants; and the city council shall have
entire and absolute control and jurisdiction over all said pipes,
private drains, and sewerage, water closets, privies, and the
like in said city with full power to prescribe the location, struc-
ture, uses, and preservation and to make such regulations con-
cerning them in all particulars as may seem best for the preser-
vation of the health of the inhabitants of said city, and with
power also to require change in, or the total discontinuance
of, any such contrivances or structures already in existence or
that may hereafter be allowed.
Ob) Whenever any drain or sewer is constructed or laid
down, all or part of the total cost may be assessed upon the
real estate abutting on each side of said drain or sewer, or, if
the drain or sewer be in a street or public alley, then all or
part of the total cost may be assessed upon the real estate abut-
ting on each side of said street or alley. In consideration of
such assessment the owner of real estate so assessed and the
owners successors in right, title, or interest shall have the right
to connect drains from said abutting property for the purpose
of discharging sewerage into the said drain or sewer upon such
terms and conditions as the Bryan County Department of
Health and the city council may prescribe or under such
terms, conditions, or ordinances that may be prescribed by
the city council.
4860 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 23. (a) It shall be the duty of said mayor and coun-
cil of said city to provide fire protection and they shall have
power and authority to purchase fire trucks, engines, and equip-
ment and organize and equip a fire department, either paid
or volunteer, and to make such appropriations as may be advisa-
ble for this purpose.
(b) The city council shall have authority to prescribe when,
how, and of what material buildings in said city shall be erected
or covered; how thick the walls must be; the manner in which
the chimneys, stove pipes, and flues shall be constructed; to
prohibit the use of combustible materials for covering buildings;
to change all things that the city council may deem necessary
to protect said city so far as possible from danger of fire and
prevent conflagration. The city council also shall have authority
to order any changes in the construction or arrangement of
chimneys, stove pipes, or flues, or the removal thereof, when
in the city councils judgment the same are dangerous, or likely
to be so, and make the owner or occupant of the premises pay
the expenses of the change, which may be collected by execution;
and if any person, firm, or corporation shall erect any building
or structure which is not in accordance with the laws or regula-
tions of said city, said city council may order said building or
structure removed; and if said person, firm, or corporation shall
not remove said building or structure after notice to do so, then
said city council shall have power and authority to remove the
same at the expense of the owner, which expense may be col-
lected by execution.
Section 24. The city council shall have the authority to
own, sell, and convey burial lots; to provide for cemeteries, either
inside or outside said city; to regulate interments therein; and
to expend annually a sufficient sum for the proper keeping of
said cemetery or cemeteries. The city council shall have power
and authority to prescribe reasonable regulations as to the kind
and character of improvements placed on or around cemetery
lots and to protect any and all monuments, tombstones, curbing,
or other improvements from damage by falling trees or other
cause and may remove any tree or other object near any lot
in the cemetery that may cause such damage.
Section 25. The city council is authorized to establish,
build, equip, maintain, and conduct, or to assist in the same,
GEORGIA LAWS 1985 SESSION
4861
of a general hospital in said city and to levy a tax, to collect
a tax, and to appropriate funds from either general or special
tax moneys for said hospital and the treatment of the sick
therein, as well as the expenses of maintaining said hospital.
The city council is also authorized to create a hospital authority
for the City of Pembroke with all powers, duties, responsibilities,
and authority as provided by Article 4 of Chapter 7 of Title
31 of the O.C.G.A., known as the "Hospital Authorities Law.
Section 26. The city council shall have the authority to
require any person, firm, or corporation to obtain from said
city a written permit to build, erect, repair, or remodel in said
city any house, building, or any kind of structure where the
estimated costs thereof shall exceed $100.00. The city council
shall have the authority to prescribe the form of application
for said permit and specify the kind, type, and materials to be
used in such building or repair and to grant or refuse to grant
any application for permit for any reasonable cause. The city
council shall also have the authority to provide penalties for
the violation of any ordinances, rules, or regulations adopted
by the city council pursuant to this section.
ARTICLE IV:
JUDICIAL POWERS
Section 27. (a) There is created and established in the City
of Pembroke a recorders court which shall be vested with all
judicial power and authority usually conferred upon such courts
in this state, as well as those provided in this article.
(b) Said court shall be held as often as necessary for trial
of offenders, with the times and terms of court to be determined
by the judge of said recorders court. The judge of recorders
court shall be an attorney authorized to practice law in the
State of Georgia and a resident of the Atlantic Judicial Circuit.
The judge of said recorders court shall be elected by the city
council.
(c) The clerk of the city council, or one of the authorized
assistants to said clerk, shall act as clerk for said court and
the chief of police of said city, or the chiefs deputies, shall
act as bailiff and shall attend said court and perform all duties
therein prescribed by the judge and enforce all sentences as
4862 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
may be required by ordinance of this city and all orders of said
court.
(d) The jurisdictional limits of said court shall include the
corporate limits proper of the City of Pembroke and said court
shall have jurisdiction to try offenders against the laws and
ordinances of said city committed within the jurisdictional limits
of same, and any and all other powers of recorders courts as
set forth in Chapter 32 of Title 36 of the O.C.G. A.
(e) The judge of the recorders court when sitting as such
court shall have the power and authority to punish for contempt
by a fine not exceeding $200.00 or by imprisonment not exceed-
ing ten days, or by both such fine and imprisonment.
(f) Upon the conviction of any defendant or violator of any
law or ordinance of said city, said court shall have the right
to sentence said offender to pay a fine not exceeding $500.00
or 60 days imprisonment, or both, and upon conviction of a
violation of any offense against the general laws of the State
of Georgia, such sentence or fine or both as provided by the
general laws of the state; and sentence shall not exceed the
maximum specified by the ordinance violated, or the general
laws of the State of Georgia. Terms of the payments of fines,
or terms of serving sentences, shall be at the discretion of the
judge, and fines may be paid in installments as directed by the
court, and sentences may be served in the common jail provided
for such purpose or community service may be required of said
defendant after conviction, in the event that the fines levied
are not paid. Said court shall have the power to assess costs
against all defendants convicted, to be collected and enforced
in addition to, and in the same manner as, fines and shall have
the power to probate persons convicted therein; all said costs
and fines to 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.
(g) All cases made in said court shall be in the name of
the City of Pembroke; all warrants for offenses against the law
and ordinances of said city shall be signed by the judge of said
court or some officer authorized by law to issue warrants in
the State of Georgia; and all other processes of said county,
including subpoenas, summons, etc., shall be signed by the clerk
and shall bear teste in the name of the judge of said court.
GEORGIA LAWS 1985 SESSION
4863
(h) The judge of said court shall have the power to adminis-
ter oaths and to perform all other acts necessary or proper in
the conduct of said court, and where it appears that a state
law has been violated, and the case is one in which the recorders
court does not have jurisdiction, the judge shall have the power
to bind the offender over to the proper court of Bryan County
for trial, to assess bail for the offenders appearance, and to
commit the offender to the jail of Bryan County in default of
bond, unless the offense alleged is one of those enumerated of-
fenses over which the superior court shall have exclusive juris-
diction to conduct such court of inquiry.
(i) Said court shall have the right to compel the attendance
of witnesses inside or outside the jurisdictional limits of said
city and may issue attachments where necessary to secure the
attendance of any nonresident witness subpoenaed, but the City
of Pembroke shall not be required to incur any expense in secur-
ing the attendance of any nonresident witness subpoenaed by
a defendant.
(j) Any person who may be thus convicted in the recorders
court shall have the right to appeal at once, provided the con-
victed person shall give bond in an amount twice the amount
of the fine imposed by the court after conviction. If the offender
shall not give bond, the offender shall be committed to jail pend-
ing such appeal which the offender shall be entitled to have
heard at the next regular monthly meeting of the mayor and
council, provided said regular monthly meeting is to be held
within three days from the date of appeal; otherwise, the defen-
dant shall be entitled to have the appeal heard within three
days at a special meeting of the mayor and council called espe-
cially for the purpose of said hearing. The mayor and council
shall call a meeting for the purpose of hearing appeals at any
time; at which meeting it shall be the duty of the mayor and
all council members to be present, but the mayor and three
council members, or the mayor pro tempore and three council
members, shall constitute a quorum and shall have full and
complete jurisdiction over such appeal.
(k) Any person having appealed the persons conviction in
recorders court to the city council for the violation of any of
the laws or ordinances of said city shall have the relief of certio-
rari to the Superior Court of Bryan County, Georgia, in the
4864 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
manner provided by law as set forth and embodied in Code
Section 5-4-3 of the O.C.G.A.
Section 28. (a) The city council may grant any arresting
officer of said city the authority to take and accept bond for
the appearance at recorders court of any person arrested and
the arresting officer shall pass upon the security for such appear-
ance bond. In the event the principal appears in recorders court
at the time specified in said bond, the surety will be relieved
of further liability on the bond.
Ob) Should the principal fail to appear and a cash bond
was given, then the cash bond may be forfeited by the presiding
judge and the funds will be placed in the general fund for use
by the city. Should a bond with some person as security be
given, and the principal fail to appear, then the presiding judge
may issue a rule nisi returnable to the next regular term of
recorders court against the principal and the principals surety,
which shall be served by the chief of police or any police officer
upon the principal and surety if either can be found at least
five days before the returnable term. Service may be personal
or by leaving a copy thereof at the residence of the defendant
or the surety or at both such residences or by certified mail
posted ten days before the appearance date. If at such return
term of recorders court no sufficient cause is shown to the con-
trary, judgment shall be rendered by the presiding judge against
such principal and surety or such of them which have been
served. Execution and fi. fa. may issue to enforce the collection
of the said judgment and when collected the funds are to be
placed in the general fund of said city for its use.
(c) Should the principal, who is the defendant, fail to appear
at the recorders court as specified on said bond, the presiding
judge of such court may issue a warrant for the arrest of said
defendant. The warrant may be served by any arresting officer
of this state and the defendant may be arrested at any place
within the State of Georgia, detained, and returned to the City
of Pembroke for trial.
Section 29. In the event of the absence or disability of
the judge of recorders court, the mayor or the judge of the
recorders court may appoint some other attorney having the
necessary qualifications to serve as judge of the recorders court.
GEORGIA LAWS 1985 SESSION
4865
Section 30. Acts of the General Assembly of Georgia here-
tofore passed incorporating the City of Pembroke, specifically
including the Act approved February 21, 1951 (Ga. L. 1951, p.
3370), and all amendments thereto, and conferring powers on
same, are consolidated into and superseded by this Act, and
all provisions of former Acts which are inconsistent with this
Act are repealed.
Section 31. 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 32. All laws and parts of laws in conflict with this
Act are repealed.
Notice of Intent to Introduce Local Legislation.
This is to notify all to whom it may concern that there will
be introduced at the present session of the General Assembly
of Georgia an act to amend, consolidate, and supercede the previ-
ous Acts, especially the Acts of 1905, page 1040, and the Acts
of 1951, page 3370, and any and all amendments thereto and
relating thereto incorporating the City of Pembroke to create
a new charter for said corporation which shall provide, among
other things, for the election of the Mayor and Council for terms
of two (2) years, create a Recorders Court for the City of Pem-
broke, and prescribe the jurisdiction and power of said Court;
and provide for the power of taxation, and any and all other
powers, duties, and responsibilities necessary and appropriate
for the government of the City of Pembroke and to provide
for all other matters necessary for the general welfare of said
city, and for all purpose consistant therewith.
This 30th day of January, 1985.
Joseph E. Kennedy,
State Senator
4866 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 News which is the official organ of Bryan County, on
the following date: February 13, 1985.
/s/ George A. Chance, Jr.
Representative,
129th District
Sworn to and subscribed before me,
this 20th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 28, 1985.
STATE COURT OF EFFINGHAM COUNTY JUDGE AND
SOLICITOR; SALARY.
No. 482 (House Bill No. 921).
AN ACT
To amend an Act creating the State Court of Effingham
County, approved July 20,1908 (Ga. L. 1908, p. 211), as amended,
particularly by an Act approved April 12, 1982 (Ga. L. 1982,
p. 3938), so as to change the salary of the judge and the solicitor
of said court; to provide an effective date; to repeal conflicting
laws; and for other purposes.
GEORGIA LAWS 1985 SESSION
4867
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act creating the State Court of Effingham
County, approved July 20,1908 (Ga. L. 1908, p. 211), as amended,
particularly by an Act approved April 12, 1982 (Ga. L. 1982,
p. 3938), is amended by striking Section 2A in its entirety and
inserting in lieu thereof a new Section 2A to read as follows:
"Section 2A. The judge of said court shall receive a sal-
ary of $11,400.00 per year which shall be paid monthly by
the treasurer of Effingham County; and it shall be the duty
of the board of county commissioners of said county, or other
proper officers, to make provision annually in levying taxes
for this purpose. The judge shall receive no other compensa-
tion but may practice law in any court except his own.
Section 2. Said Act is further amended by striking Section
4A in its entirety and inserting in lieu thereof a new Section
4A to read as follows:
"Section 4A. The solicitor of said court shall receive a
salary of $9,000.00 per annum which shall be payable in
equal monthly installments from the funds of Effingham
County; and it shall be the duty of the board of commission-
ers of said county to make provision annually in levying
taxes for this purpose. In addition, he shall receive reim-
bursement for all expenses incurred by him in the prosecu-
tion before appellate courts of cases originating in the State
Court of Effingham County. Said salary and expenses shall
be in lieu of all fees allowed by law. Said solicitor shall
receive no other compensation for his services and may prac-
tice law in any court with the exception of representing
defendants in criminal cases in the State Court of Effingham
County, Georgia.
Section 3. This Act shall become effective April 1, 1985;
except that if this Act is approved by the Governor or becomes
law without his approval later than April 1, 1985, then this
Act shall become effective on the first day of the month following
the month in which it becomes law.
Section 4. All laws and parts of laws in conflict with this
Act are repealed.
4868 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced in the
1985 session of the General Assembly of Georgia a bill affecting
the compensation of the Judge of State Court of Effingham
County, Georgia.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced in the
1985 session of the General Assembly of Georgia a bill affecting
the compensation of the Solicitor of State Court of Effingham
County, Georgia.
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, George A. Chance, Jr., who,
on oath, deposes and says that he is Representative from the
129th District, and that the attached copy of Notice of Intention
to Introduce Local Legislation was published in the Springfield
Herald which is the official organ of Effingham County, on the
following date: February 6, 1985.
/s/ George A. Chance, Jr.
Representative,
129th District
Sworn to and subscribed before me,
this 20th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 28, 1985.
GEORGIA LAWS 1985 SESSION
4869
HOUSTON COUNTY BRANCH OFFICES FOR COUNTY
GOVERNMENT AND BOARD OF EDUCATION; LOCAL
CONSTITUTIONAL AMENDMENT CONTINUED.
No. 483 (House Bill No. 927).
AN ACT
To continue in force and effect as a part of the Constitution
of the State of Georgia that constitutional amendment No. 74
(Res. Act 179, H.R. 592-1620, Ga. L. 1976, p. 1794), duly ratified
at the 1976 general election, which amendment provided that
in Houston County, in addition to the county seat, branch offices
may be established by the governing authority of the county
for the conduct of county business and by the board of education
for the conduct of matters pertaining to education; to provide
the authority for this Act; to repeal conflicting laws; and for
other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. That constitutional amendment No. 74 (Res.
Act 179, H.R. 592-1620, Ga. L. 1976, p. 1794), duly ratified at
the 1976 general election, which amendment provided that in
Houston County, in addition to the county seat, branch offices
may be established by the governing authority of the county
for the conduct of county business and by the board of education
for the conduct of matters pertaining to education, shall not
be repealed or deleted on July 1, 1987, as a part of the Constitu-
tion of the State of Georgia but is specifically continued in force
and effect on and after that date as a part of the Constitution
of the State of Georgia.
Section 2. This Act is passed pursuant to Article XI, Sec-
tion I, Paragraph IV of the Constitution of the State of Georgia
which authorizes the continuation of certain amendments to
the Constitution.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
4870 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
1985 session of the General Assembly of Georgia a bill to con-
tinue in force and effect as a part of the Constitution that consti-
tutional amendment Ga. L. 1976, p. 1794, which amendment
provides that in Houston County, in addition to the county seat,
branch offices may be established by the governing authority
of the county for the conduct of county business and by the
board of education for the conduct of matters pertaining to edu-
cation; and for other purposes.
This 31st day of January, 1985.
Honorable Roy H.
Watson, Jr.
Representative,
114th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Roy H. Watson, Jr., who,
on oath, deposes and says that he is Representative from the
114th 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: February 14, 1985.
/s/ Roy H. Watson, Jr.
Representative,
114th District
Sworn to and subscribed before me,
this 20th day of February, 1985.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 11, 1988.
(Seal).
Approved March 28, 1985.
GEORGIA LAWS 1985 SESSION
4871
HOUSTON COUNTY SPECIAL COURT; LOCAL
CONSTITUTIONAL AMENDMENT CONTINUED.
No. 484 (House Bill No. 929).
AN ACT
To continue in force and effect as a part of the Constitution
of the State of Georgia that constitutional amendment No. 95
(Res. Act 260, S.R. 250, Ga. L. 1968, p. 1805), duly ratified at
the 1968 general election, which amendment authorized the
General Assembly to create a special court in Houston County;
to provide the authority for this Act; to repeal conflicting laws;
and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. That constitutional amendment No. 95 (Res.
Act 260, S.R. 250, Ga. L. 1968, p. 1805), duly ratified at the
1968 general election, which amendment authorized the Gen-
eral Assembly to create a special court in Houston County, shall
not be repealed or deleted on July 1, 1987, as a part of the
Constitution of the State of Georgia but is specifically continued
in force and effect on and after that date as a part of the Constitu-
tion of the State of Georgia.
Section 2. This Act is passed pursuant to Article XI, Sec-
tion I, Paragraph IV of the Constitution of the State of Georgia
which authorizes the continuation of certain amendments to
the 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 regular
1985 session of the General Assembly of Georgia a bill to con-
tinue in force and effect as a part of the Constitution that consti-
tutional amendment Ga. L. 1968, p. 1805, which amendment
authorized the General Assembly to create a special court in
Houston County; and for other purposes.
4872 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This 31st day of January, 1985.
Honorable Roy H.
Watson, Jr.
Representative,
114th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Roy H. Watson, Jr., who,
on oath, deposes and says that he is Representative from the
114th 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: February 14, 1985.
/s/ Roy H. Watson, Jr.
Representative,
114th District
Sworn to and subscribed before me,
this 20th day of February, 1985.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 11, 1988.
(Seal).
Approved March 28, 1985.
GEORGIA LAWS 1985 SESSION
4873
HOUSTON COUNTY DEVELOPMENT AUTHORITY
LOCAL CONSTITUTIONAL AMENDMENT CONTINUED.
No. 485 (House Bill No. 930).
AN ACT
To continue in force and effect as a part of the Constitution
of the State of Georgia that constitutional amendment No. 74
(Res. Act 212, S.R. 190, Ga. L. 1964, p. 1055), duly ratified at
the 1964 general election, which amendment created the Hous-
ton County Development Authority; to provide the authority
for this Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. That constitutional amendment No. 74 (Res.
Act 212, S.R. 190, Ga. L. 1964, p. 1055), duly ratified at the
1964 general election, which amendment created the Houston
County Development Authority, shall not be repealed or deleted
on July 1, 1987, as a part of the Constitution of the State of
Georgia but is specifically continued in force and effect on and
after that date as a part of the Constitution of the State of
Georgia.
Section 2. This Act is passed pursuant to Article XI, Sec-
tion I, Paragraph IV of the Constitution of the State of Georgia
which authorizes the continuation of certain amendments to
the 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 regular
1985 session of the General Assembly of Georgia a bill to con-
tinue in force and effect as a part of the Constitution that consti-
4874 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
tutional amendment Ga. L. 1964, p. 1055, which amendment
created the Houston County development Authority; and for
other purposes.
This 31st day of January, 1985.
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Roy H. Watson, Jr., who,
on oath, deposes and says that he is Representative from the
114th 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: February 14, 1985.
/s/ Roy H. Watson, Jr.
Representative,
114th District
Sworn to and subscribed before me,
this 20th day of February, 1985.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 11, 1988.
(Seal).
Approved March 28, 1985.
GEORGIA LAWS 1985 SESSION
4875
TIFT COUNTY BOARD OF COMMISSIONERS;
PURCHASES AND CONTRACTS.
No. 486 (House Bill No. 935).
AN ACT
To amend an Act creating a board of commissioners for Tift
County, approved August 9, 1917 (Ga. L. 1917, p. 396), as
amended, so as to provide for a bid system for purchases and
contracts by the county; to provide for the procedure connected
therewith; to provide a procedure whereby bids shall not be
necessary; 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
Tift County, approved August 9, 1917 (Ga. L. 1917, p. 396), as
amended, 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 board of commissioners of Tift County
shall require competitive bids; except in cases of emergency,
after due advertisement, on all purchases of new material,
supplies and equipment and contracts for county work in-
volving an expenditure of $2,500.00 or more so as to effect
the utmost economy consistent with efficiency and quality.
The board may advertise in any manner it may deem advisa-
ble in any particular case. A copy of all such advertisements
shall be kept on file in the office of the board for at least
one week before the purchases are made or the contracts
are let for inspection by the public. All sealed bids shall
be addressed to the clerk of said board and shall be kept
by said clerk in the office of said board until the time specified
in said advertisement when they shall be opened in public
and the contract shall be let to the lowest bidder, quality
and material being considered. The purchase or contract
shall be authorized by a majority vote of the Commissioners
of Tift County, except for motor fuel, supplies, and items
costing less than $2,500.00. Repairs and parts for equipment,
used, one-of-a-kind equipment, equipment on which the price
4876 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
has been determined by the Department of Administrative
Services of the State of Georgia, and replacement of inven-
tory which has been previously bid and which is purchased
at the previous bid price are exempt from this section. It
shall not be necessary for the Board of Commissioners to
approve the purchase of motor fuel which may be purchased
by sealed bid as needed. Commissioners shall reserve the
right to reject any and all bids and to waive informalities
when it should appear that the best interests of the county
require such rejection.
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 1985 session of the General Assembly of Georgia legisla-
tion to amend existing laws regarding purchasing by the Board
of Commissioners of Tift County, Georgia; and for other pur-
poses.
This 16th day of February 1985.
/s/ Charles Kent, Chairman
Board of Commissioners
of Tift County
Georgia, Tift County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Robert F. Morrell, who
on oath, deposes and says that he is the Publisher of The Daily
Tifton Gazette, and that the attached copy of Notice of Intention
to Introduce Local Legislation was published in The Daily Tifton
Gazette which is the official organ of Tift County on the following
date: February 16, 1985.
/s/ Robert F. Morrell
Publisher,
The Daily Tifton Gazette
GEORGIA LAWS 1985 SESSION
4877
Sworn to and subscribed before me,
this 18 day of February, 1985.
/s/ Jetty Tanner
Notary Public.
(Seal).
Approved March 28, 1985.
ROME-FLOYD COUNTY DEVELOPMENT AUTHORITY
LOCAL CONSTITUTIONAL AMENDMENT CONTINUED.
No. 487 (House Bill No. 937).
AN ACT
To continue in force and effect as a part of the Constitution
of the State of Georgia that constitutional amendment which
was proposed by Resolution Act No. 216 (House Resolution No.
491-965) of the 1962 General Assembly (Ga. L. 1962, p. 1067),
and which was duly ratified at the 1962 general election and
which relates to the creation of the Rome Floyd County Devel-
opment Authority and provisions for its powers, authorities,
funds, purposes, and procedures connected therewith; to provide
the authority for this Act; to repeal conflicting laws; and for
other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. That constitutional amendment which was pro-
posed by Resolution Act No. 216 (House Resolution No. 491-
965) of the 1962 General Assembly (Ga. L. 1962, p. 1067), and
which was duly ratified at the 1962 general election and which
relates to the creation of the Rome Floyd County Develop-
ment Authority and provisions for its powers, authorities, funds,
purposes, and procedures connected therewith shall not be re-
4878 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
pealed or deleted on July 1, 1987, as a part of the Constitution
of the State of Georgia but is specifically continued in force
and effect on and after that date as a part of the Constitution
of the State of Georgia.
Section 2. This Act is passed pursuant to Article XI, Sec-
tion I, Paragraph IV of the Constitution of the State of Georgia
which authorizes the continuation of certain amendments to
the 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 regular
1985 session of the General Assembly of Georgia a bill to con-
tinue in force and effect as a part of the Constitution of Georgia
that constitutional amendment which was proposed by Resolu-
tion Act No. 216 (House Resolution No. 491-965) of the 1962
General Assembly (Ga. L. 1962, p. 1067), and which was duly
ratified at the 1962 general election and as amended by Ga.
L. 1980, p. 3060, and which relates to the creation of the Rome-
Floyd County Development Authority and provisions for its pow-
ers, authorities, funds, purposes, and procedures connected
therewith; to provide for related matters; and for other purposes.
This 12th day of February, 1985.
Honorable Paul E. Smith
Representative,
16th District
Georgia, Floyd County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Paul Smith, who, on oath,
deposes and says that he is Representative from the 16th Dis-
trict, and that the attached copy of Notice of Intention to Intro-
duce Local Legislation was published in the Rome News-Tribune
which is the official organ of Floyd County, Georgia, on the
following date: February 14, 1985.
/s/ Paul Smith
Representative,
16th District
GEORGIA LAWS 1985 SESSION
4879
Sworn to and subscribed before me,
this 21st day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 28, 1985.
TOWN OF MORGANTON MAYOR AND COUNCILMEN;
TERMS; ELECTIONS; VICE-MAYOR.
No. 488 (House Bill No. 944).
AN ACT
To amend an Act incorporating the Town of Morganton,
approved December 17, 1902 (Ga. L. 1902, p. 512), as amended
by an Act approved April 13, 1973 (Ga. L. 1973, p. 2682), so
as to change the terms of office of the mayor and councilmen;
to provide for biennial elections and change the provisions relat-
ing to city elections; to change the provisions relating to the
vice-mayor; 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 Morganton,
approved December 17, 1902 (Ga. L. 1902, p. 512), as amended
by an Act approved April 13, 1973 (Ga. L. 1973, p. 2682), is
amended by striking Section 2.01 and inserting in lieu thereof
a new Section 2.01 to read as follows:
"Section 2.01. Election of mayor and councilmen. Those
persons serving as mayor or councilmen on April 1, 1985,
shall continue to serve for the remainder of their respective
terms of office and until their successors are duly elected
and qualified as provided by law.
4880 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
On the first Monday in November, 1985, an election shall
be conducted by the city election manager, in accordance
with the provisions of the Georgia Municipal Election Code,
Chapter 3 of Title 21 of the Official Code of Georgia Anno-
tated, as amended, to elect a mayor and five councilmen
from the city at large by post. Each elector shall be entitled
to vote for one candidate for mayor and five candidates for
councilman.
At the 1985 election, the candidates for the office of
mayor and for each post on the city council receiving the
highest number of votes cast for their respective positions
shall be elected for terms of office of two years each beginning
at 12:01 A.M. on the first Monday in January, 1986, or when
their successors are elected and qualified. Thereafter, elec-
tions shall be held on the first Monday in November in each
odd-numbered year to elect, in the same manner, the mayor
and five councilmen who shall serve for terms of two years
each and until their respective successors are elected and
qualified. The terms of office of the mayor and councilmen
elected after the 1985 election shall begin at 12:01 A.M.
on the first Monday in January next following their election.
No informality shall invalidate such election, provided it
is conducted fairly and in substantial conformity with the
requirements of this Act and the Georgia Municipal Election
Code.
Section 2. Said Act is further amended by striking Section
2.05 and inserting in lieu thereof a new Section 2.05 to read
as follows:
"Section 2.05. Vice-mayor. The council at the first regu-
lar meeting, after the newly elected councilmen have taken
office following each biennial election, shall elect from its
membership a vice-mayor for a term of two years. In the
event that no decision is reached at such first regular meet-
ing, the council shall, within five ballots to be taken within
ten days following such meeting, elect the vice-mayor; other-
wise the councilman who received the highest number of
votes when he was last elected shall become vice-mayor.
The vice-mayor shall perform the duties of the mayor during
his absence or inability to act, and shall fill out any unex-
pired term in the office of mayor, in which case a new vice-
mayor shall be elected by majority vote of the council.
GEORGIA LAWS 1985 SESSION
4881
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 1985 session of the General Assembly of Georgia, a bill
to amend the City Charter of Morganton, Georgia, Public Acts
1973 p. 2682 to provide for terms of two years for elected city
officials; and for other purposes.
Karen S. Rice
City Clerk
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 Blue Ridge
Summit-Post which is the official organ of Fannin County, on
the following date: February 7, 1985.
/s/ Carlton H. Colwell
Representative,
4th District
Sworn to and subscribed before me,
this 19th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 28, 1985.
4882 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
WASHINGTON COUNTY BOARD OF COMMISSIONERS;
RE-CREATION; ELECTIONS; COMPENSATION.
No. 489 (House Bill No. 949).
AN ACT
To amend an Act creating a board of commissioners of Wash-
ington County, approved August 20, 1913 (Ga. L. 1913, p. 452),
as amended, so as to provide for the board, its members, and
chairman; to provide for elections; to provide for commissioner
districts; to provide for qualifications of the chairman and mem|
bers of the board; to provide for vacancies; to provide for organi-
zational officers and quorum; to change the compensation of
the board; to provide for effective dates; to repeal conflicting
laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act creating a board of commissioners of
Washington County, approved August 20, 1913 (Ga. L. 1913,
p. 452), as amended, is amended by striking Sections 1, 2, 3,
4, 5, and 8 and inserting in their respective places new Sections
1, 2, 3, 4, 5, and 8 to read as follows:
"Section 1. The governing authority of Washington
County shall be the board of commissioners of Washington
County, sometimes referred to in this Act as the board."
From January 1, 1986, until December 31, 1986, that board
shall consist of three members elected pursuant to the prior
provisions of this Act. On and after January 1, 1987, that
board shall consist of a chairman and four additional mem-
bers, which four members shall be elected from commis-
sioner districts described in Section 2 of this Act.
Section 2. (a) For purposes of electing at the Novem-
ber general election in 1986 and quadrennially therefter
those four members of the board, other than the chairman,
Washington County is divided into four commissioner dis-
tricts consisting of the following described territory of Wash-
ington County:
GEORGIA LAWS 1985 SESSION
4883
DISTRICT 1
Beginning at a point on the centerline of State Route
24 where said point intersects with the Washington-Bald-
win County Line and from said beginning point running
in an Easterly direction along the centerline of State
Route 24 until the centerline of State Route 24 intersects
with the centerline of State Route 15, known as intersec-
tion of Church Street and Harris Street of the City of
Sandersville; thence continuing in a Northerly direction
along the centerline of State Route 15 to a point where
the centerline of State Route 15 intersects with the cen-
terline of State Route 24, known as the intersection of
Harris Street and McCarty Street; thence continuing in
an Easterly direction along the centerline of State Route
24 to a point where the centerline of State Route 24
intersects with the centerline of County Road 67; thence,
in a Northerly direction along the centerline of County
Road 67 to a point where the centerline of County Road
67 intersects with the centerline of State Route 88; thence
continuing in an Easterly direction along the centerline
of State Route 88 to a point located on the Chickasaw-
Hatchie Bridge where the centerline of State Route 88
intersects with the centerline of Williamson Swamp
Creek; thence continuing in a Northerly direction along
the centerline of Williamson Swamp Creek to a point
where the centerline of Williamson Swamp Creek inter-
sects with the centerline of State Route 102, known as
the Mitchell Road; thence continuing in a Northerly di-
rection along the centerline of State Route 102 to a point
where State Route 102 intersects with the centerline of
County Road 376, known as the Hamburg Road; thence
continuing along the centerline of County Road 376 to
a point where the centerline of County Road 376 inter-
sects with the Washington-Hancock County Line; thence
continuing in a Southerly direction along the Washing-
ton-Hancock County Line to a point where the Washing-
ton-Hancock County Line intersects the Washington-
Baldwin County Line; thence continuing in a Southerly
direction along the Washington-Baldwin County Line
which follows the centerline of Gumm Creek until reach-
ing the point of beginning where the centerline of State
Route 24 intersects with the Washington-Baldwin
County Line.
4884 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
DISTRICT 2
Beginning at a point where the centerline of County
Road 376, known as Hamburg Road, intersects with the
Washington-Hancock County Line and from said begin-
ning point running in a Southerly direction along the
centerline of County Road 376 to a point where the cen-
terline of County Road 376 intersects the centerline of
State Route 102; thence continuing Southerly along the
centerline of State Route 102 to a point where the center-
line of State Route 102 intersects the centerline of Wil-
liamson Swamp Creek; thence continuing in a Southeast-
erly direction along the centerline of Williamson Swamp
Creek to a point on the Chickasaw-Hatchie Bridge where
the center of Williamson Swamp Creek intersects the
centerline of State Route 88; thence continuing in a West-
erly direction along the centerline of State Route 88 to
a point where State Route 88 intersects the centerline
of County Road 67; thence continuing in a Southerly
direction along the centerline of County Road 67 to a
point where County Road 67 intersects the centerline
of State Route 24; thence continuing in a Westerly direc-
tion along the centerline of State Route 24 to a point
where State Route 24 intersects State Route 15 at a point
known as the crossing of North Harris Street and
McCarty Street; thence continuing in a Southerly direc-
tion along the centerline of State Route 15 to a point
where State Route 15 intersects the centerline of State
Route 24, known as the intersection of Harris Street and
Church Street in the City of Sandersville; thence continu-
ing Easterly along the centerline of East Church Street
of the City of Sandersville to a point where the centerline
of East Church Street intersects the centerline of Smith
Street; thence continuing Northerly along the centerline
of Smith Street to a point approximately 175 feet North
of Gilmore Street where the centerline of Smith Street
intersects the Mainline of the Sandersville Railroad at
DOT Crossing Number 865-820-M; thence continuing
Easterly along the centerline of the Mainline of the Sand-
ersville Railroad to a point where the centerline of the
Mainline of the Sandersville Railroad intersects with the
centerline of County Road 103, known as the Sunhill
Road; thence continuing Easterly along the centerline
of County Road 103, known as the Sunhill Road, to a
GEORGIA LAWS 1985 SESSION
4885
point where the center line of County Road 103 intersects
the City Limits of the City of Sandersville; thence contin-
uing Southerly along the Sandersville City Limits Line
to a point where the City Limits of Sandersville intersect
with the centerline of State Route 242, known as the
Riddleville Road; thence continuing Southeasterly along
the centerline of State Route 242 to a point where the
centerline of State Route 242 intersects County Roads
333 and 360, known as the Old Savannah Road; thence
continuing Southwesterly along the centerline of County
Road 360, known as the Old Savannah Road, to a point
where the centerline of County Road 360 intersects with
the centerline of County Road 161, known as the Layton-
Boyd Road; thence Southeasterly along the centerline
of County Road 161 to a point where the centerline of
County Road 161 intersects with the centerline of County
Road 169; thence continuing Southwesterly along the
centerline of County Road 169 to a point where the cen-
terline of County Road 169 intersects the centerline of
the Little Ohoopee River; thence continuing in a South-
easterly direction along the centerline of the Little Ohoo-
pee River to a point on the Roberson Bridge where the
Little Ohoopee River intersects with the centerline of
County Road 188, known as the Roberson Bridge Road;
thence continuing Northeasterly along the centerline of
County Road 188 to a point where the centerline of
County Road 188 intersects the centerline of County
Road 167; thence continuing North along the centerline
of County Road 167 to a point where the centerline of
County Road 167 intersects the centerline of County
Road 190; thence continuing Southeasterly along the cen-
terline of County Road 190 to a point where the center-
line of County Road 190 intersects the centerline of
County Road 167; thence continuing Southeasterly along
the centerline of County Road 167 to a point where the
centerline of County Road 167 intersects the centerline
of County Road 187, known as the Bartow-Dublin Road;
thence continuing Northeasterly along the centerline of
County Road 187 to a point where the centerline of
County Road 187 intersects the centerline of County
Road 152, known as the Tarver Grove Road; thence con-
tinuing Easterly along the centerline of County Road
152 to a point where the centerline of County Road 152
intersects the centerline of a stream that runs from
4886 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Dukes Lake to Neely Creek; thence continuing down the
center of said stream in an Easterly direction to a point
where said stream intersects the center line of Neely
Creek; thence continuing in a Southeasterly direction
to a point where the centerline of Neely Creek intersects
the Washington-Johnson County Line; thence continuing
in an Easterly direction along the Washington-Johnson
County Line to a point where the Washington-Johnson
County Line intersects the Washington-Jefferson County
Line; thence continuing in a Northerly direction along
the Washington-Jefferson County Line to a point where
the Washington-Jefferson County Line intersects within
the centerline of the Ogeechee River which becomes the
dividing line between Washington and Jefferson Coun-
ties; thence continuing in a Northwesterly direction
along the centerline of the Ogeechee River to a point
in the center of the Ogeechee River where the Washing-
ton-Jefferson County Line intersects the Washington-
Glascock County Line; thence continuing in a Northwes-
terly direction along the center of the Ogeechee River
which becomes the Washington-Glascock County Line
to a point in the center of the Ogeechee River where
the Washington-Glascock County Line intersects the
Washington-Hancock County Line; thence continuing in
a Westerly direction along the Washington-Hancock
County Line to the point of beginning where the Wash-
ington-Hancock County Line intersects the centerline of
County Road 376, known as the Hamburg Road.
DISTRICT 3
Beginning at a point where the centerline of Neely
Creek intersects the Washington-Johnson County Line
and from said beginning point running in a Northwes-
terly direction along the centerline of Neely Creek to a
point where the centerline of Neely Creek intersects a
stream that connects Dukes Lake with Neely Creek;
thence continuing in a Northerly direction along said
stream to a point where said stream intersects the center-
line of County Road 152 known as the Tarver Grove Road;
thence continuing in a Westerly direction along the cen-
terline of County Road 152 to a point where the center-
line of County Road 152 intersects the centerline of a
GEORGIA LAWS 1985 SESSION
4887
County Road 187 known as the Bartow-Dublin Road;
thence continuing in a Southwesterly direction along the
centerline of County Road 187 to a point where County
Road 187 intersects the centerline of County Road 167;
thence continuing in a Northwesterly direction along the
centerline of County Road 167 to a point where County
Road 167 intersects the centerline of County Road 190;
thence continuing along the centerline of County Road
190 in a Northwesterly direction to a point where the
centerline of County Road 190 intersects the centerline
of County Road 167; thence continuing in a Southerly
direction along County Road 167 to a point where County
Road 167 intersects the Centerline of County Road 188
known as the Roberson Bridge Road; thence continuing
in a Southwesterly direction along the centerline of
County Road 188 to a point on the Roberson Bridge where
the centerline of County Road 188 intersects the center-
line of the Little Ohoopee River; thence continuing along
the centerline of the Little Ohoopee River in a Northwes-
terly direction to a point where the centerline of the
Little Ohoopee River intersects the center of County
Road 169; thence continuing along the centerline of
County Road 169 in an Easterly direction to a point
where the centerline of County Road 169 intersects the
centerline of County Road 161, known as the Layton-
Boyd Road; thence continuing in a Northwesterly direc-
tion along the centerline of County Road 161 to a point
where the centerline of County Road 161 intersects the
centerline of County Road 360, known as the Old Savan-
nah Road; thence continuing in a Northeasterly direction
along the centerline of County Road 360 to a point where
the centerline of County Road 360 intersects the center-
line of State Route 242 and County Road 333; thence
continuing in a Northwesterly direction along the center-
line of State Route 242, known as the Riddleville Road,
to a point where State Route 242 intersects with the
City Limits of the City of Sandersville; thence continuing
in a Northeasterly direction along the outer City Limits
of the City of Sandersville to a point where the City
Limits of the City of Sandersville intersect the centerline
of County Road 103, known as the Sunhill Road; thence
continuing in a Westerly direction along the centerline
of County Road 103 to a point where County Road 103
4888 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
intersects the Mainline of the Sandersville Railroad;
thence continuing in a Northwesterly direction along the
centerline of the Mainline of the Sandersville Railroad
to a point where the Mainline of the Sandersville Rail-
road intersects Smith Street in the City of Sandersville,
said crossing being known as DOT Crossing Number 365-
820M; thence continuing in a Southerly direction along
the centerline of Smith Street to a point where Smith
Street intersects with the centerline of East Church
Street; thence continuing in a Westerly direction along
the centerline of East Church Street to a point where
East Church Street intersects with the centerline of State
Route 15, known as the intersection of Church Street
and Harris Street of the City of Sandersville; thence con-
tinuing in a Southerly direction along the centerline of
State Route 15 to a point where the centerline of State
Route 15 intersects with the centerline of County Road
347, known as Matthews Road and the City Limits of
the City of Tennille; thence continuing along the center-
line of County Road 347, known as Matthews Road, in
a Westerly direction to a point where the City Limits
of the City of Tennille leave County Road 347, known
as Matthews Road; thence continuing in a Southwesterly,
Southern and Southeasterly direction along the City Lim-
its of the City of Tennille to a point where the City Limits
of Tennille intersect with the centerline of State Route
68; thence continuing in a Southerly and Southwesterly
direction along the centerline of State Route 68 to a point
where the centerline of State Route 68 intersects with
the centerline of County Road 346 where the centerline
of County Road 346 intersects the Washington-Johnson
County Line; thence continuing in an Easterly and South-
easterly direction along the Washington-Johnson County
Line to the point of beginning where the centerline of
Neely Creek intersects the Washington-Johnson County
Line.
DISTRICT 4
Beginning at a point where the centerline of County
Road 346, known as the Hurst Road, intersects with
Washington-Johnson County Line and from said begin-
ning point running in a Northwesterly direction along
the centerline of County Road 346 to a point where the
GEORGIA LAWS 1985 SESSION
4889
centerline of County Road 346 intersects the centerline
of State Route 68; thence continuing in a Northerly direc-
tion along the centerline of State Route 68 to a point
where State Route 68 intersects the City Limits of the
City of Tennille; thence following the City Limits of the
City of Tennille in a Westerly, Northwesterly, Northerly,
and Northeasterly direction to the centerline of County
Road 347, known as Matthews Road; thence continuing
along the centerline of County Road 347, Matthews Road,
which is also the City Limits of the City of Tennille, to
a point where County Road 147, Matthews Road, and
the City Limits of the City of Tennille intersect with
the centerline of State Route 15; thence continuing in
a Northerly direction along the centerline of State Route
15 to a point in the City of Sandersville where State
Route 15 intersects with centerline of State Route 24,
known as the intersection of Church Street and Harris
Street of the City of Sandersville; thence continuing in
a Westerly direction along the centerline of State Route
24 to a point where the centerline of State Route 24
intersects with the Washington-Baldwin County Line;
thence continuing in a Southerly direction along the
Washington-Baldwin County Line which follows the cen-
terline of Gumm Creek to a point where the centerline
of Gumm Creek intersects the centerline of the Oconee
River at which point the Washington-Baldwin County
Line intersects the Washington-Wilkinson County Line;
thence continuing Southeasterly along the Washington-
Wilkinson County Line which follows the centerline of
the Oconee River to a point where the centerline of the
Oconee River intersects the Washington-Johnson County
Line; thence continuing in a Northeastly direction along
the Washington-Johnson County Line to a point of begin-
ning where the Washington-Johnson County Line inter-
sects the centerline of County Road 346, known as the
Hurst Road.
(b) Any part of Washington County which is not in-
cluded in any of the commissioner districts described in sub-
section (a) of this section shall be included within that district
contiguous to that part and containing the least population
according to the United States decennial census of 1980 for
the State of Georgia.
4890 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 3. Those persons serving as members of the
board of commissioners of Washington County on January
1,1986, shall serve out their terms of office which shall expire
December 31, 1986, and until their successors are elected
from commissioner districts described in Section 2 of this
Act and are qualified. For purposes of determining those
successors, those persons serving as commissioners from Dis-
tricts 1, 2, and 3 under the prior provisions of this Act shall
be deemed to be serving as commissioners from Districts
1, 3, and 2, respectively, as described in Section 2 of this
Act. At the November general election in 1986, the chair-
man, the successors to those persons serving as commission-
ers from Districts 1, 2, and 3 under the prior provisions of
this Act, and the new commissioner from District 4 shall
all be elected to take office January 1, 1987, for terms of
office of four years each and until their respective successors
are elected and qualified. Thereafter, all successors to the
offices of chairman and the other four members of the board
shall be elected at the general election immediately preced-
ing the expiration of the terms of their predecessors in office
and shall take office the first day of January immediately
following that election for terms of office of four years and
until their respective successors are elected and qualified.
The chairman and other four 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.
Section 4. (a) The chairman of the board may reside
anywhere within Washington County and shall be elected
by a majority of the qualified voters of Washington County
voting at the election for that office. Any person offering
as a candidate for that office shall be at least 21 years of
age, shall have been a resident of Washington County at
least two years prior to that persons election, and shall
be a qualified and registered voter of Washington County.
In the event the chairman ceases, during that persons term
of office, to be a resident of Washington County, that office
shall thereupon become vacant.
(b) Each member of the board, other than the chairman,
shall reside within the commissioner district from which
that person was elected and shall be elected by a majority
GEORGIA LAWS 1985 SESSION
4891
of the qualified voters voting in that district and not at large.
At the time of qualifying for the election to the office of
member of the board, other than the chairman, each candi-
date shall specify the commissioner district for which that
person is a candidate. Any person offering as a candidate
for member of the board, other than the chairman, shall
be at least 21 years of age, shall have been a resident of
Washington County at least two years prior to that persons
election, shall be a qualified and registered voter of Washing-
ton County, and shall have been a resident of the district
for which that person is a candidate for at least one year
prior to that persons election thereto. In the event any mem-
ber of the board other than the chairman ceases, during
that persons term of office, to be a resident of the commis-
sioner district from which that person was elected, that re-
spective office shall thereupon become vacant.
Section 5. (a) At the first regular meeting of the board
in January of each year, the members other than the chair-
man shall elect from their number a vice-chairman and a
treasurer. No person shall be eligible during that persons
term of office to be elected as vice-chairman except for one
term of one year or as treasurer except for one term of one
year.
(b) A majority of the board shall constitute a quorum
for the transaction of business of the board.
Section 8. (a) In the event a vacancy occurs in the
office of chairman or any member of the board with more
than 180 days remaining in the term of that office, the elec-
tion superintendent of Washington County shall call a spe-
cial election to fill that vacancy to be held within 60 days
after the vacancy occurs. Any person elected to fill such
vacant office shall meet the qualifications of that office and
shall serve out the unexpired term of that office and until
a successor is regularly elected and qualified.
Ob) In the event a vacancy occurs in the office of chair-
man or any member of the board with 180 days or fewer
remaining in the term of that office, no special election shall
be conducted to fill that vacancy. In the event that vacancy
occurs in the office of chairman, the remaining members
4892 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
of the board shall select from their number a person to serve
as chairman for the unexpired term of that office and until
a successor is regularly elected and qualified. In the event
that vacancy occurs in the office of any member other than
the chairman, the remaining members of the board shall
select any person meeting the qualifications of that vacant
office to serve out the unexpired term of that office and until
a successor is regularly elected and qualified.
Section 2. Said Act is further amended by striking Section
10 thereof, relating to compensation, and inserting in its place
a new Section 10 to read as follows:
"Section 10. (a) The chairman of the board shall re-
ceive an annual salary for the performance of the duties
of such office in an amount not less than $7,200.00 nor more
than $12,000.00, which amount shall be established by the
board. Each member of the board, other than the chairman,
shall receive an annual salary for the performance of the
duties of such office in an amount not less than $3,600.00
nor more than $8,400.00, which amount shall be established
by the board. The salaries provided for by this section shall
be paid in equal monthly installments from the general
funds of Washington County. In addition to such salaries,
the chairman and each other member of the board shall
be entitled to receive froim the general funds of Washington
County their actual and necessary expenses incurred in the
performance of their duties of office.
Ob) Before entering upon the performance of that per-
sons duties, the chairman and each member of the board
shall give bond in the sum of $1,500.00, payable to the judge
of the probate court of Washington County and that judges
successors in office, conditioned for the faithful performance
of that chairman or members respective duties in office,
which bond shall be approved by that judge of the probate
court.
Section 3. Said Act is further amended by striking from
Section 13 thereof the following:
"said board shall elect its Chairman and shall make such
rules and regulations not inconsistent with this Act or con-
trary to law for its own government as it may deem best,
GEORGIA LAWS 1985 SESSION
4893
and inserting in its place the following:
"said board shall make such rules and regulations not
inconsistent with this Act or contrary to law for its own
government as it may deem best.
Section 4. Except for the provisions of this Act relating
to and necessary for the election of the chairman and other
members of the board of commissioners at the 1986 general
election, this Act shall become effective January 1, 1987. Those
provisions of this Act relating to and necessary for the election
of the chairman and other members of that board at the 1986
general election shall become effective January 1, 1986.
Section 5. All laws and parts of laws in conflict with this
Act are repealed.
Notice of Intention to Apply for Passage of Local Bill.
Notice is hereby given that I will introduce into the 1985
General Assembly of Georgia a bill amending an act creating
the Board of Commissioners of Washington County approved
August 20, 1913 (Georgia Laws 1913, Page 452), as amended
and for other purposes.
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 Dis-
trict, and that the attached copy of Notice of Intention to Intro-
duce Local Legislation was published in the Sandersville Prog-
ress which is the official organ of Washington County, on the
following date: February 7, 1985.
/s/ Jimmy Lord
Representative,
107th District
4894 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 22nd day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 28, 1985.
CITY OF TENNILLE MAYOR AND ALDERMEN;
ELECTIONS; MAYOR PRO TEM.
No. 490 (House Bill No. 952).
AN ACT
To amend an Act providing a new charter for the City of
Tennille, approved August 21, 1906 (Ga. L. 1906, p. 1073), as
amended, particularly by an Act approved August 10,1920 (Ga.
L. 1920, p. 1567), so as to provide for city elections; to provide
for districts and posts for city aldermen and for elections there-
from; to provide for qualifications and election of the mayor
and aldermen; to provide for a mayor pro tern; to provide for
vacancies; to provide for quorum; 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 Tennille, approved August 21, 1906 (Ga. L. 1906, p. 1073),
as amended, particularly by an Act approved August 10, 1920
(Ga. L. 1920, p. 1567), is amended by striking Section 3 thereof,
relating to city elections, and inserting in its place the following:
GEORGIA LAWS 1985 SESSION
4895
"Section 3. A general election shall be held in the City
of Tennille on the first Wednesday in December, 1986, for
a mayor and six aldermen to be elected to take office the
second Monday in January, 1987, and serve for an initial
term ending December 31, 1988, and until their respective
successors are elected and qualified. Thereafter, an election
for these offices shall be held on the first Wednesday in De-
cember of each even-numbered year, and officers so elected
shall take office the first day of January immediately follow-
ing their election and serve for terms of office of two years
each and until their respective successors are elected and
qualified. All primaries and elections shall be held and con-
ducted in accordance with Chapter 3 of Title 21, the 'Georgia
Municipal Election Code.
Section 3.1. (a) Beginning with the city general elec-
tion in 1986 and continuing for each such election thereafter,
each alderman of the city shall be elected from a designated
district. For such purposes, the City of Tennille is divided
into three districts consisting of the following described terri-
tory within that city:
DISTRICT ONE
Beginning at a point where the centerline of State
Route 15 intersects with the centerline of County Road
347, known as the Matthews Road and from said begin-
ning point running in a Westerly direction along the
centerline of Matthews Road which is the City Limits
of the City of Tennille to a point where the City Limits
of the City of Tennille leave the centerline of Matthews
Road; thence continuing Southwesterly to a point in the
center of Judson Street where City Limits of City of Ten-
nille intersects Judson Street; thence following the cen-
terline of Judson Street in a Southeasterly direction to
a point where the centerline of Judson Street intersects
the centerline of Church Street; thence continuing East-
erly to a point where the centerline of Church Street
intersects the centerline of Fargo Street; thence continu-
ing Southeasterly and Easterly along Fargo Street to a
point where the centerline of Fargo Street intersects the
4896 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
centerline of Smith Street; thence continuing Northerly
following the centerline of Smith Street to a point where
the centerline of Smith Street intersects the centerline
of Church Street; thence continuing Easterly along the
centerline of Church Street to a point where the center-
line of Church Street intersects the centerline of State
Route 15, known as Main Street; thence continuing
Northerly along the centerline of State Route 15 to the
point of beginning where the centerline of State Route
15 intersects the centerline of County Road 347, known
as the Matthews Road.
DISTRICT TWO
Beginning at a point where the City Limits of the
City of Tennille intersect the centerline of Judson Street
and from said beginning point running Southwesterly
to a point on the right of way of State Route 68 where
the City Limits of the City of Tennille follow the right
of way of State Route 68 to a point where said City Limits
intersect the centerline of Matthews Road; thence contin-
uing Northwesterly and Southwesterly around the home
of Tom and Elizabeth Simmons; thence following the City
Limits of the City of Tennille along the right of way of
State Route 68 to a point where the City Limits of the
City of Tennille leave the right of way of State Route
68 in order to move Northeasterly, Northwesterly, and
Southwesterly in order to take in the Clubhouse of the
Twin City Country Club; thence returning to the right
of way of State Route 68 and continuing in a North-
westerly direction for approximately 1200 feet to a point
where the City Limits of the City of Tennille leave the
right of way of State Route 68; thence continuing North-
easterly, Northwesterly and Southwesterly in order to
take in property of the V.F.W; thence returning to a
point where the Northwesterly most point of the property
of the V.F.W. intersects the right of way of State Route
68 and the City Limits of the City of Tennille; thence
continuing Southeasterly and Easterly along the right
of way of State Route 68 to a point 1620 feet, more or
less, Easterly of the centerline of the intersection of Mat-
thews Road and State Route 68; thence continuing South-
westerly across the right of way of State Route 68 to a
GEORGIA LAWS 1985 SESSION
4897
point on the Southern most side of the right of way of
State Route 68; thence continuing Northwesterly along
the right of way of State Route 68 to a point where the
right of way of State Route 68 intersects the right of
way of Highway S-687; thence continuing in a South-
westerly direction for a distance of 445 feet along the
right of way of Highway S-687; thence Southeasterly,
Northeasterly, Northwesterly and Northeasterly around
the properly now or formerly belonging to C. V. Smith,
Sr., known as Oak Lodge; thence Easterly along the right
of way of State Route 68 to a point where the City Limits
of the City of Tennille leave the right of way of State
Route 68; thence continuing Southerly and Southeasterly
along the City Limits of the City of Tennille to a point
where the City Limits of the City of Tennille intersect
the centerline of the Mainline of the Central of Georgia
Railroad, now Southern Railroad; thence continuing in
a Northeasterly direction along the centerline of the
Mainline of the Central of Georgia Railroad to a point
in the center of the Mainline of the Central of Georgia
Railroad where the said railroad intersects the City Lim-
its of the City of Tennille; thence continuing Northerly,
Easterly, Northwesterly, Westerly, Northerly and West-
erly to a point where the City Limits of Tennille intersect
the centerline of State Route 15, known as Main Street,
and the centerline of Matthews Road; thence continuing
Southerly along the centerline of State Route 15 to a
point where the centerline of State Route 15 intersects
the centerline of Church Street; thence continuing West-
erly along the centerline of Church Street to a point
where the centerline of Church Street intersects the cen-
terline of Smith Street; thence continuing Southerly
along the centerline of Smith Street to a point where
the centerline of Smith Street intersects the centerline
of Fargo Street; thence Westerly and Northwesterly
along the centerline of Fargo Street to a point where
the centerline of Fargo Street intersects the centerline
of Church Street; thence continuing Westerly along the
centerline of Church Street to a point where the center-
line of Church Street intersects the center of Judson
Street; thence continuing Northwesterly along the cen-
terline of Judson Street to the point of beginning where
Judson Street intersects the City Limits of Tennille.
4898 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
DISTRICT THREE
Beginning at a point in the center of the Mainline
of the Central of Georgia Railroad, now Southern Rail-
road, where the Mainline of the Southern Railroad inter-
sects the Western most portion of the City Limits of the
City of Tennille and from said beginning point running
along the City Limits of the City of Tennille in a South-
easterly, Easterly, Northeasterly and Northerly direc-
tion to a point where the City Limits of City of Tennille
intersect the centerline of the Mainline of the Central
of Georgia Railroad; thence continuing Southwesterly
along the centerline of the Central of Georgia Railroad
to the point of beginning where the centerline of the
Central of Georgia Railroad intersects the City Limits
of the City of Tennille.
Any part of the city 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.
(b) Two aldermen shall be elected to numbered posts
from each district described in subsection (a) of this section,
with one being elected from Post 1 and one being elected
from Post 2 of each district. At the time of qualifying for
election to the office of alderman, each candidate for that
office shall designate both the district and post number for
which that person is a candidate. The numbered posts shall
be at large within each district only and not within the city
at large.
(c) No person shall be elected as alderman unless that
person is at least 21 years of age, is a qualified and registered
voter of the city, has resided in the city for at least 24 months,
and has resided in the district for which the person is a
candidate at least one year prior to that persons election.
(d) In order to be elected as alderman from a designated
post in any district, a person must receive a majority of
the votes cast for that post in that district only and not at
large and only electors who are residents of that district
may vote for aldermen of that district.
GEORGIA LAWS 1985 SESSION
4899
(e) Those aldermen in office on July 1, 1986, shall serve
out their terms of office, which shall expire the second Sun-
day in January, 1987, and until their respective successors
are elected from the districts and posts described in this
section. Those aldermen in office on July 1, 1986, shall be
deemed to be serving, only for purposes of determining their
successors in office in such districts and posts, as follows:
Mr. Bobby Strickland District 1, Post 1
Mr. Burton Smith
Mr. Randolph Helton
Mr. Carl Forrester
Mr. David Hartley
Mr. Daniel Moye
District 1, Post 2
District 2, Post 1
District 2, Post 2
District 3, Post 1
District 3, Post 2
Section 2. Said Act is further amended by striking Section
9 thereof, relating to vote required, and inserting in its place
the following:
"Section 9. (a) The person receiving the majority of
votes cast for mayor shall be elected to that office.
(b) No person shall be elected as mayor unless that per-
son is at least 21 years old, is a qualified and registered
voter of the city, and has resided in the city for at least 24
months.
Section 3. Said Act is further amended by striking Section
10 thereof, relating to mayor pro tern and vacancies, and insert-
ing in its place the following:
"Section 10. At the first meeting of the mayor and coun-
cil following their election, the council shall elect from its
number a mayor pro tern to serve as such during that per-
sons term of office as alderman. The mayor pro tern shall
act as mayor in the event of the absence, sickness, or disquali-
fication of the mayor.
Section 4. Said Act is further amended by striking Section
16 thereof, relating to vacancies, and inserting in its place the
following:
4900 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
"Section 16. (a) In the event the mayor ceases to be
a resident of the city during that persons term of office or
in the event any alderman ceases to be a resident of that
aldermanic district from which elected during that persons
term of office, that respective office shall thereupon become
vacant.
(b) In the event the office of mayor or alderman becomes
vacant pursuant to subsection (a) of this section or for any
other reason with more than 180 days remaining in the
term of that office, the election superintendent of the city
shall call a special election to be held to fill that vacancy
within 45 days after the vacancy occurs. The person elected
to fill the vacancy at that special election shall serve the
remainder of the unexpired term of that vacant office and
until a successor is regularly elected and qualified.
(c) In the event the office of mayor or alderman becomes
vacant pursuant to subsection (a) of this section or for any
other reason with 180 days or fewer remaining in the term
of that office, no special election shall be held to fill that
vacancy. If that vacancy is in the office of mayor, the mayor
pro tern shall serve as mayor for the remainder of the unex-
pired term of that office and until a successor is regularly
elected and qualified. If that vacancy is in the office of aider-
man, the remaining aldermen shall elect a person to serve
out the unexpired term of office and until a successor is
regularly elected and qualified, and that person elected by
the aldermen to fill the vacancy shall meet the qualifications
for that office which has become vacant.
Section 5. Said Act is further amended by striking Section
17 thereof, relating to the legislative body, and inserting in its
place the following:
"Section 17. The legislative body of the City of Tennille
shall consist of six aldermen. Three aldermen shall be a
quorum for the passage of any ordinance, resolution, or the
transaction of any business before the body.
Section 6. Except for those provisions of this Act relating
to and necessary for the election of mayor and aldermen of
the City of Tennille at the municipal general election in 1986,
GEORGIA LAWS 1985 SESSION
4901
this Act shall become effective January 1,1987. Those provisions
of this Act relating to and necessary for the election of mayor
and aldermen at the municipal general election in 1986 shall
become effective July 1, 1986.
Section 7. All laws and parts of laws in conflict with this
Act are repealed.
Notice of Intention to Apply for Passage of Local Bill.
Notice is hereby given that I will introduce into the 1985
General Assembly of Georgia a bill amending an act creating
a charter for the City of Tennille approved August 21, 1906
(Georgia Laws 1906, Page 1073), as amended and for other pur-
poses.
Jimmy Lord
Representative,
District 107
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 Dis-
trict, and that the attached copy of Notice of Intention to Intro-
duce Local Legislation was published in the Sandersville Prog-
ress which is the official organ of Washington County, on the
following date: February 7, 1985.
/s/ Jimmy Lord
Representative,
107th District
Sworn to and subscribed before me,
this 22nd day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 28, 1985.
4902 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CITY OF SANDERSVILLE MAYOR AND ALDERMEN;
ELECTIONS; MAYOR PRO TEM.
No. 491 (House Bill No. 953).
AN ACT
To amend an Act creating a charter for the City of Sanders-
ville, approved February 13, 1941 (Ga. L. 1941, p. 1692), as
amended, particularly by an Act approved April 10, 1971 (Ga.
L. 1971, p. 3922), so as to provide for city elections; to provide
for aldermanic posts and elections therefrom; to provide for
qualifications of the mayor and aldermen; to delete certain provi-
sions regarding run-off elections; to provide for a mayor pro
tem; to provide for vacancies; to provide for compensation of
elected city officials; to provide for effective dates; to repeal con-
flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act creating a charter for the City of Sand-
ersville, approved February 13, 1941 (Ga. L. 1941, p. 1692), as
amended, particularly by an Act approved April 10, 1971 (Ga.
L. 1971, p. 3922), is amended by striking Section 4 thereof, relat-
ing to city elections, and inserting in its place the following:
"Section 4. (a) On the first Wednesday in December,
1985, an election shall be held at which the mayor and aider-
men of the City of Sandersville shall be elected. The mayor
and aldermen so elected shall take office on January 1,1986,
and shall serve for a term of office of two years and until
their respective successors are elected and qualified. Thereaf-
ter, an election for these offices shall be held on the first
Wednesday in December of each odd-numbered year and
officers so elected shall take office on the first day of January
immediately following their election and shall serve for a
term of office of two years and until their respective succes-
sors are elected and qualified. All primaries and elections
shall be held and conducted in accordance with Chapter 3
of Title 21, the 'Georgia Municipal Election Code.
GEORGIA LAWS 1985 SESSION
4903
(b) Beginning with the city general election in 1985 and
continuing for each such election thereafter, each alderman
of the city shall be elected from a designated post by qualified
electors residing in that post. For such purposes, the City
of Sandersville is divided into five aldermanic posts consist-
ing of the following territory within that city:
Post 1
Beginning at a point where the City of Sandersville
City limits intersects Georgia Route 242 also known as
Riddleville Road with said beginning point being on the
center line of State Route 242 also known as the Riddle-
ville Road and proceeding in a northwesterly direction
down the center line of the Riddleville Road until it inter-
sects with East Church Street. Proceeding down the cen-
ter line of East Church until East Church Street inter-
sects South Smith Street and then proceeding in a
southerly direction down South Smith Street along the
center line of South Smith until said line intersects with
Georgia State Route 15 also known as South Harris
Street. Proceeding along the center line of Georgia High-
way 15 in a northerly direction until you reach Newman
Street and then proceed west on Newman Street along
the center line of Newman Street until Newman Street
meets Baker Street and proceeding along the center line
of Baker Street in a southwesterly direction until you
reach Spring Street and then proceeding along the center
line of Spring Street in a northerly direction until you
reach Hall Street and then proceeding in a westerly direc-
tion along the center line of Hall Street until you reach
Lovett Street and proceeding north on Lovett Street
along the center line until it intersects with Floyd Street
and proceeding in an easterly direction along Floyd
Street until you reach Martin Street and then moving
in a northerly direction down the center line of Martin
Street until you reach Georgia State Route 24 also known
as West Church Street and proceeding in an easterly
direction along the center line of West Church Street
until you reach Brookins Street and then proceeding in
a northerly direction along the center line of Brookins
Street until you reach West Haynes Street and proceed-
ing in a westerly direction along the center line of West
4904 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Haynes Street until you reach Warthen Street and then
proceeding in a northerly direction along the center line
of Warthen Street until you reach Jernigan Street and
then proceeding in an easterly direction along the center
line of Jernigan Street until you reach Georgia Highway
15 also known as North Harris Street and then proceed-
ing in a southerly direction along the center line of State
Route 15 also known as North Harris Street until you
reach Gilmore Street and proceeding along the center
line of Gilmore Street in an easterly direction until you
reach North Smith Street. Then proceeding along the
center line of North Smith Street in a northerly direction
until you reach Hines Street and then proceeding along
the center line of Hines Street in an easterly direction
until you reach Poplar Street and then turning in a
northerly direction along the center line of Poplar and
proceeding in a northerly direction until you reach Geor-
gia State Route 24 also known as East McCarty Street
and proceeding along the center line of East McCarty
Street also known as Georgia State Route 24 in an east-
erly direction until you reach the Sandersville City limits
and then proceeding in a southerly and southwesterly
direction along the city limits of Sandersville until you
reach the point of beginning.
Post 2
Beginning at a point in the center line of Georgia
State Route 24 also known as West Church Street where
said point intersects with the center line of Beck Blvd.
and proceeding in a southerly direction along the center
line of Beck Blvd. until you reach a large ditch and then
proceeding in a southeasterly direction along the center
line of said ditch until said ditch intersects with Tennille
Avenue and then going along the center line of Tennille
Avenue in a northerly direction until you reach the inter-
section with Baker Street and proceeding in a southwes-
terly direction along the center line of Baker Street until
it intersects Spring Street and proceeding in a northerly
direction along Spring Street until you intersect Hall
Street and proceeding in a westerly direction along the
center line of Hall Street until you reach Lovett Street
and proceeding in a northerly direction along the center
GEORGIA LAWS 1985 SESSION
4905
line of Lovett Street until you reach Floyd Street and
proceeding in an easterly direction along the center line
of Floyd Street until you reach Martin Street and pro-
ceeding in a northerly direction along Martin Street to
Georgia State Route 24 also known as West Church
Street. Proceeding westerly along the center line of Geor-
gia State Route 24 also known as West Church Street
until you reach the point of beginning.
Post 3
Beginning where the city limits of Sandersville inter-
sect with West Haynes Street and proceeding along the
center line of West Haynes Street in a southeasterly di-
rection until you reach Ridgeland Drive and proceeding
along the center line of Ridgeland Drive in a northeast-
erly direction until you intersect Warthen Street and
proceeding along the center line of Warthen Street in
a northerly direction until you intersect West McCarty
Street and proceeding easterly along West McCarty
Street until you intersect Georgia State Route 15 also
known as North Harris Street. Proceeding in a southerly
direction along North Harris Street until you intersect
with Jernigan Street and proceeding in a westerly direc-
tion along Jernigan Street until you intersect with War-
then Street and proceeding along the center line of War-
then Street in a southerly direction until you intersect
with West Haynes Street and proceeding in an easterly
direction along West Haynes Street until you intersect
with Brookins Street and proceeding along the center
line of Brookins Street in a southerly direction until you
reach Georgia State Route 24 also known as West Church
Street and proceeding along the center line of West
Church Street in a westerly direction until you intersect
with Beck Blvd. and proceeding in a southerly direction
along Beck Blvd. until you reach a large creek. Proceed-
ing along the center thread of said creek in a southeast-
erly direction until the northernmost fork of said creek
reaches Tennille Avenue and proceeding along the center
line of Tennille Avenue in a northerly direction until
you intersect with Newman Street and proceeding in
an easterly direction along the center line of Newman
Street until you reach Georgia State Route 15 also known
4906 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
as South Harris Street. Proceeding in a southerly direc-
tion along Georgia State Route 15 also known as South
Harris Street until you reach the intersection with South
Smith Street and proceeding in a northerly direction
along the center line of South Smith Street until you
reach the intersection with East Church Street and pro-
ceeding along the center line of East Church Street in
a southeasterly direction until you intersect with Georgia
State Route 242 also known as Riddleville Road and pro-
ceeding along the center line of Georgia State Route 242
also known as the Riddleville Road until you intersect
with the Sandersville City limits and proceeding in a
southwesterly direction along the city limits of Sanders-
ville crossing over where the present City of Sandersville
city limits intersect with Georgia State Route 15 also
known as South Harris Street and continuing along the
City limits of Sandersville in a northwesterly direction
until you reach Georgia State Route 24 also known as
West Church Street and proceeding west along the center
line of Georgia State Route 24 also known as West
Church Street until you reach the city limits of Sanders-
ville and proceeding in a northerly direction along the
city limits line of the City of Sandersville and proceeding
east along the city limits line of the City of Sandersville
and proceeding northerly along the city limits line of
the City of Sandersville until you intersect with West
Haynes Street and the point of beginning.
Post 4
Beginning at the intersection of the city limits line
of the City of Sandersville and West Haynes Street and
proceeding along the center line of West Haynes in a
southeasterly direction until you reach Ridgeland Drive
and proceeding along the center line of Ridgeland Drive
in an easterly direction until you reach the intersection
of Warthen Street. Proceeding in a northerly direction
along the center line of Warthen Street until you reach
West McCarty Street and proceeding southeasterly along
the center line of West McCarty Street until you intersect
with the center line of Georgia State Route 15 also known
as North Harris Street and proceeding in a southerly
direction along the center line of Georgia State Route
GEORGIA LAWS 1985 SESSION
4907
15 also known as North Harris Street until you reach
Gilmore Street. Proceeding along the center line of Gil-
more Street in an easterly direction until you intersect
with the center line of North Smith Street and proceed-
ing North along the center line of North Smith Street
until you reach Hines Street and proceeding in an east-
erly direction along the center line of Hines Street until
you reach Poplar Drive and proceeding in a northerly
direction along the center line of Poplar Drive until you
reach Georgia State Route 24 also known as East
McCarty Street and proceeding in an easterly direction
along the center line of Georgia State Route 24 also
known as East McCarty Street until you reach the inter-
section of the Sandersville City limits and then proceed-
ing along the city limits line of Sandersville until
you reach Georgia State Route 88 and proceeding along
the city limits lines of Sandersville and turning in a
northwesterly direction along the city limits lines of
Sandersville and proceeding in a southerly direction
along the city limits of Sandersville and proceeding in
a northwesterly direction along the city limits of the
City of Sandersville crossing over Georgia State Route
15 and proceeding in a westerly direction and then pro-
ceeding in a southwesterly direction crossing over the
Linton Road and proceeding along the city limits lines
of Sandersville in a southwesterly direction to a point
of beginning.
Post 5
All that territory lying within the corporate limits
of that city.
Any part of the City of Sandersville which is not included
in Posts 1 through 4, as described in this subsection, shall
be included within that post contiguous to such part which
contains the least population according to the United States
decennial census of 1980 for the State of Georgia.
(c) Those aldermen in office July 1, 1985, shall serve
out their respective terms of office, which shall expire Decem-
ber 31,1985, and until their respective successors are elected
from those posts described in subsection (b) of this section
4908 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
and are qualified. Those aldermen in office July 1, 1985,
shall be deemed to be serving, only for purposes of determin-
ing their successors in office, in designated aldermanic posts
as follows:
Mr. Oscar Scott Post 1
Mr. Horace Mathis Post 2
Mr. James Andrews Post 3
Ms. Brenda Hollingsworth Post 4
Mr. Bill Raughton Post 5
(d) No person shall be elected to the office of mayor
or to the office of alderman from Post 5 unless that person
has received a majority of the votes cast in the entire city
for that office. No person shall be elected to the office of
alderman from Posts 1, 2, 3, or 4 unless that person has
received a plurality of the votes cast for that office from
that post and not at large.
(e) At the time of qualifying for election to the office
of alderman, each candidate for that office shall designate
the post for which that person is a candidate. Only electors
who are residents of an aldermanic post may vote for aider-
men from that post.
Section 2. Said Act is further amended by striking Section
7 thereof, relating to qualifications of mayor and alderman, and
inserting in its place the following:
"Section 7. No person shall be eligible for election to
the office of mayor or alderman unless that person is a quali-
fied and registered elector of the City of Sandersville, has
been a resident of the city for a period of at least 24 months
and, for each alderman from Posts 1, 2, 3, and 4, has been
a resident of that post for which that person is a candidate
for a period of 12 months prior to the election. In the event
the chairman or alderman from Post 5 ceases to be a resident
of the city during that persons term of office or in the event
an alderman from Posts 1, 2, 3, or 4 during that persons
term of office ceases to be a resident of that aldermanic post
GEORGIA LAWS 1985 SESSION
4909
from which elected, that respective office shall thereupon
become vacant.
Section 3. Said Act is further amended by striking in its
entirety Section 19 thereof, relating to run-off elections.
Section 4. Said Act is further amended by striking Section
21 thereof, relating to mayor pro tern, and inserting in its place
the following:
"Section 21. The alderman elected from Aldermanic
Post 5 shall be the mayor pro tern who, in the absence of
the mayor, shall be clothed with the powers of the mayor
and who, in the event of a vacancy in the office of mayor,
shall serve as mayor for the unexpired term and until a
successor is elected and qualified.
Section 5. Said Act is further amended by striking Section
26 thereof, relating to vacancies, and inserting in its place the
following:
"Section 26. In the event the office of the alderman from
Post 5 becomes vacant, whether by death, resignation, that
persons filling the unexpired term of mayor pursuant to
Section 21, or from any other cause, the remaining aldermen
shall elect from their own number a person meeting the
requirements of the office of alderman from Post 5 to serve
out the unexpired term and until a successor is regularly
elected and qualified. In the event the office of any alderman
other than the alderman from Post 5 becomes vacant, the
remaining aldermen shall select a successor to serve out
the unexpired term and until a successor is regularly elected
and qualified, which successor shall meet the requirements
for that vacated office.
Section 6. Said Act is further amended by striking Section
32 thereof, relating to compensation of aldermen, and inserting
in its place the following:
"Section 32. The mayor shall receive a salary of
$2,400.00 per annum, the mayor pro tern shall receive a
salary of $900.00 per annum, and the aldermen other than
the mayor pro tem shall receive a salary of $600.00 per an-
4910 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
num. These salaries shall all be payable in 12 equal monthly
installments from the general funds of the City of Sanders-
ville. If any alderman fails to attend any meetings for a
full month, such alderman shall receive no compensation
for that month.
Section 7. Except for the provisions of this Act relating
to and necessary for the election of the mayor and aldermen
of the City of Sandersville at the 1985 municipal general elec-
tion, this Act shall become effective January 1, 1986. Those
provisions of this Act relating to and necessary for the election
of the mayor and aldermen at the 1985 municipal general elec-
tion shall become effective July 1, 1985.
Section 8. All laws and parts of laws in conflict with this
Act are repealed.
Notice of Intention to Apply for Passage of Local Bill.
Notice is hereby given that I shall introduce in the 1985
session of the General Assembly to amend an act providing
for a new charter for the City of Sandersville with said act
having been approved on February 13,1941 (Georgia Laws 1941,
Page 1693), as amended and for other purposes.
This 4th day of February, 1985.
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 Dis-
trict, and that the attached copy of Notice of Intention to Intro-
duce Local Legislation was published in the Sandersville Prog-
ress which is the official organ of Washington County, on the
following date: February 7, 1985.
/s/ Jimmy Lord
Representative,
107th District
GEORGIA LAWS 1985 SESSION
4911
Sworn to and subscribed before me,
this 22nd day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 28, 1985.
DOWNTOWN MARIETTA DEVELOPMENT AUTHORITY
DISTRICT ENLARGED.
No. 492 (House Bill No. 956).
AN ACT
To amend an Act creating the Downtown Marietta Develop-
ment Authority, approved April 10, 1971 (Ga. L. 1971, p. 3459),
as amended, so as to enlarge the Downtown Marietta District;
to provide an effective date; to repeal conflicting laws; and for
other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act creating the Downtown Marietta Devel-
opment Authority, approved April 10,1971 (Ga. L. 1971, p. 3459),
as amended, is amended by adding at the end of Section 3 the
following:
"Also, all that tract or parcel of land lying and being
in Land Lot 1159 of the 16th District, 2nd Section, City of
Marietta, Cobb County, Georgia, being more particularly de-
scribed as follows:
4912 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Beginning at the intersection of the west side of Cher-
okee Street and the north side of Ardis Street; running
thence north along the west side of Cherokee Street 263
feet to an iron pin; thence running west forming an inte-
rior angle of 91 degrees 11 minutes a distance of 148
feet to an iron pin; thence running south forming an
interior angle of 89 degrees 56 minutes a distance of
78 feet to an iron pin; thence running east forming an
interior angle of 89 degrees 49 minutes a distance of
58 feet to an iron pin; thence running south forming
an exterior angle of 89 degrees 27 minutes a distance
of 105.7 feet to an iron pin; thence running south parallel
to Cherokee Street 5 feet to a corner; running thence
west parallel to Ardis Street 170 feet to the east side
of Church Street; running thence south along the east
side of Church Street 75 feet to the intersection thereof
with the north side of Ardis Street; running thence east
along the north side of Ardis Street 270 feet to the west
side of Cherokee Street and the point of beginning.
Also, all that tract or parcel of land lying and being in
Land Lot 1158 of the 16th District, 2nd Section, City of Mar-
ietta, Cobb County, Georgia, and being more particularly
described as follows:
Beginning at the intersection of the north side of Polk
Streets 40 foot right of way with the west side of Locust
Streets 30 foot right of way and running thence north-
erly along Locust Street 105.7 feet to an iron pin; running
thence westerly parallel to Polk Street 92 feet to an iron
pin; running thence southerly parallel to Locust Street
105.7 feet to an iron pin on the north side of Polk Street;
running thence easterly along the north side of Polk
Street 92 feet to the point of beginning.
Also, all that tract or parcel of land lying and being in
Land Lot 1159 of the 16th District, 2nd Section, City of Mar-
ietta, Cobb County, Georgia, being more particularly de-
scribed as follows:
Beginning at the intersection of the north side of
Lemon Street and the east side of Cherokee Street and
GEORGIA LAWS 1985 SESSION
4913
running thence north along the east side of Cherokee
Street 85 feet to an iron pin; running thence north 89
degrees 30 minutes east 64.8 feet to an iron pin; running
thence south 1 degree 16 minutes east 85 feet to an iron
pin on the north side of Lemon Street; running thence
west along the north side of Lemon Street 64.1 feet to
the east side of Cherokee Street and the point of begin-
ning.
Also, all that tract or parcel of land lying and being in
Land Lot 1216 of the 16th District, 2nd Section, City of Mar-
ietta, Cobb County, Georgia, being more particularly de-
scribed as follows:
Beginning at the intersection of Lawrence Street and
Cole Street and running thence north along Lawrence
Street 170 feet to a point; running thence east along
the north lines of properties fronting on Lawrence Street
280 feet more or less to the west line of property now
owned by William R. Waldrop; running thence north
102.3 feet to Waldrops northwest corner; running thence
east 90.26 feet to Waldrops northeast corner; running
thence south 245.8 feet to Lawrence Street; running
thence east along the north side of Lawrence Street 19.1
feet to a point; running thence south across Lawrence
Street and along the east line of Anthony Kirkland et
al, 174 feet more or less to the southeast corner of Kirk-
land et al; running thence north 43 feet to the northeast
corner of property of the Autrey Trust; running thence
south 175.87 feet to the southeast corner of Autrey and
the north side of Washington Avenue; running thence
west along the north side of Washington Avenue 434.78
feet more or less to the centerline of Cole Street; running
thence north 315 feet more or less to the centerline of
Lawrence Street and the point of beginning, comprising
313, 315, 321, 324, 329, and 332 Lawrence Street and
315 and 331 Washington Avenue, and those properties
fronting on the east side of Cole Street between Washing-
ton Avenue and Lawrence Street, and the property at
the northeast corner of Lawrence Street and Cole Street,
Marietta, Georgia.
4914 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2. This Act shall become effective upon its ap-
proval 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 1985 Session of the General Assembly of Georgia, a
bill to amend an Act creating the Downtown Marietta Develop-
ment Authority approved April 10, 1971 (Ga. L. 1971, p. 3450),
as heretofore amended, and for other purposes.
This 4th day of January, 1985.
Roy E. Barnes
Haskew Brantley
Jim Tollison
Carl Harrison
Joe Mack Wilson
A. L. Burrus
Steve Thompson
Terry Lawler
Fred Aiken
Johnny Isakson
Bill Atkins
Frank Johnson
Tom Wilder
Bill Cooper
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 11, 1985.
/s/ Joe Mack Wilson
Representative,
20th District
GEORGIA LAWS 1985 SESSION
4915
Sworn to and subscribed before me,
this 21st day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 28, 1985.
IRWIN COUNTY BOARD OF COMMISSIONERS;
COMPENSATION; SECRETARY.
No. 493 (House Bill No. 961).
AN ACT
To amend an Act creating the board of commissioners of
Irwin County, approved February 16, 1933 (Ga. L. 1933, p. 571),
as amended, particularly by an Act approved April 6, 1981 (Ga.
L. 1981, p. 3865) and an Act approved April 12, 1982 (Ga. L.
1982, p. 4057), so as to change provisions relating to the salary
of the secretary of the board of commissioners; to change provi-
sions relating to the salary of the chairman and other members
of the board of commissioners; 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 Irwin County, approved February 16, 1933 (Ga. L. 1933, p.
571), as amended, particularly by an Act approved April 6,1981
(Ga. L. 1981, p. 3865) and an Act approved April 12, 1982 (Ga.
L. 1982, p. 4057), is amended by striking subsection (b) of Section
6A and inserting in its place a new subsection to read as follows:
4916 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
"(b) (1) The board of commissioners may employ a sec-
retary who shall serve at the pleasure of the board. The
board shall prescribe the duties of the secretary.
(2) The salary of the secretary shall be not less than
$8,500.00 per year and not more than $16,000.00 per
year, the exact amount to be determined by the board.
The salary shall be paid by warrant issued by said board
as other warrants for county costs and expenses are paid.
Said secretary may, or may not, be required to give bond
in the amount, if required, as fixed by the board, the
premiums on such bond to be paid out of county funds
as other expenses of the county are paid.
Section 2. Said Act is further amended by striking Section
6 and inserting in its place a new Section 6 to read as follows:
"Section 6. (a) Each commissioner other than the chair-
man shall receive a salary of not less than $100.00 per month
and not more than $300.00 per month. Any action to fix
the salary of said commissioners at more than $100.00 per
month and not more than $300.00 per month shall be by
ordinance of the board of commissioners.
(b) The chairman shall receive a salary of not less than
$750.00 per month and not more than $1,000.00 per month.
Any action to fix the salary of the chairman at more than
$750.00 per month and not more than $1,000.00 per month
shall be by ordinance of the board of commissioners.
(c) In addition to the salaries provided in subsections
(a) and (b) of this section, the chairman shall receive a local
travel expense allowance of $6,000.00 per year; and each
other member of the board shall receive a local travel ex-
pense allowance of $2,400.00 per year. No other allowance
shall be made for local necessary expenses.
(d) All salaries and expense allowances provided for in
this section shall be paid in equal monthly installments from
county funds.
(e) The chairman of the board shall be the chief admin-
istrative officer of the county and shall devote his full time
to the duties of his office.
GEORGIA LAWS 1985 SESSION
4917
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 Legislation.
Notice is hereby given that there will be introduced at the
regular 1985 Session of the General Assembly a bill to amend
the act creating the Board of Commissioners of Irwin County,
Georgia, approved February 16, 1933, (Ga. Laws 1933, p. 571),
as amended, pursuant to resolution of the Irwin County Commis-
sioners of Roads and Revenues and for other purposes. A copy
of the resolution passed by the Irwin County Board of Commis-
sioners of Roads and Revenues is as follows:
"BE IT RESOLVED, by the Board of Commissioners of
Roads and Revenues of Irwin County, Georgia, in regular
meeting assembled, that the State Senator Rooney L. Bowen
and Representative Paul Branch be contacted and requested
to introduce local legislation which would authorize the Ir-
win County Commissioners Roads and Revenues to set sala-
ries for the Chairman of the Irwin County Commissioners
of Roads and Revenues at $1,000 per month.
AND BE IT FURTHER RESOLVED, that the salary for Post
Two and Three of the Irwin County Commissioners be set
at $300.00 per month.
AND BE IT FURTHER RESOLVED, that the Irwin County
Commissioners of Roads and Revenues be authorized to set
the salary of the Clerk and/or Secretary at a sum of not
less than $8,500.00 nor more than $16,000.00 per year.
Affidavit of Publication.
This is to certify that a 200-wd. legal size advertisement,
copy tagged "Notice of Intention to Introduce Local Legislation,
was published in the Jan. 31 and Feb. 7, 1985 issues of The
Ocilla Star.
/s/ W. S. Bradford, Jr.
Editor and Publisher
4918 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
/s/ Mrs. W. S. Bradford, Jr.
Notary Public.
My Commission Expires 6/8/87.
(Seal).
Approved March 28, 1985.
CLINCH COUNTY BOARD OF EDUCATION; ELECTIONS;
DISTRICTS; REFERENDUM.
No. 494 (House Bill No. 970).
AN ACT
To provide for reapportionment of the board of education
of Clinch County; to provide for education districts and for the
manner of electing members of the board; to provide for other
matters relative to the foregoing; to provide for a referendum;
to provide an effective date; to repeal conflicting laws; and for
other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. This Act is enacted pursuant to the authority
granted by Article VIII, Section V, Paragraph IV of the Constitu-
tion of the State of Georgia. The provisions of this Act shall
control over any conflicting provisions of that constitutional
amendment relating to the Clinch County school system which
was ratified by the electors of Clinch County at the 1970 Novem-
ber general election (Ga. L. 1970, p. 1111).
Section 2. The board of education of Clinch County shall
consist of five members. The members in office on July 1, 1985,
shall continue to serve as members of the board of education
for the remainder of the terms of office for which they were
elected. Thereafter, their successors shall be elected as provided
in this Act.
GEORGIA LAWS 1985 SESSION
4919
Section 3. (a) One member shall be elected from each of
the five education districts described in Section 5 of this Act.
At the general election in 1988, and quadrennially thereafter,
there shall be elected one member from Education District
No. 2, Education District No. 3, and Education District No. 5.
At the general election in 1988 there shall be elected one mem-
ber from Education District No. 1 and Education District No. 4
who shall each serve an initial term of office of two years. At
the general election in 1990, and quadrennially thereafter, suc-
cessors to the initial members from Education District No. 2
and Education District No. 4 shall be elected.
(b) Successors to those members elected under subsection
(a) of this section shall be elected at the general election immedi-
ately preceding the expiration of their respective terms of office
and they shall each take office January 1 following their election
for terms of four years and until their successors are elected
and qualified.
(c) The members of the board shall be elected by a majority
of the electors voting within their respective education districts.
The 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 4. (a) The five districts for election of members
of the board of education of Clinch County are described as
follows:
Education District 1
Beginning at a point formed by the intersection of the
centerlines of U.S. Highway 84 (also known as Dame Avenue
in the City of Homerville) and U.S. Highway 441 (also known
as North Church Street in the City of Homerville) and thence
following north along the centerline of U.S. Highway 441
to the Clinch/Atkinson County line; thence running due east
along the north county line to the northeast corner of Clinch
County; thence running in a southwesterly direction along
the east county line to the intersection of U.S. Highway
84, approximately 1.5 miles east of Argyle, Ga.; thence run-
ning west along the centerline of U.S. Highway 84 to the
City limits of Argyle; thence running in a northwesterly
4920 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
and southerly direction around the City limits of Argyle
to the intersection of U.S. Highway 84; thence running in
a westerly direction along the centerline of U.S. Highway
84 to Homerville, Georgia and the Point of Beginning.
Education District 2
Beginning at a point formed by the intersection of the
centerlines of U.S. Highway 84 (also known as Dame Avenue
in the City of Homerville) and U.S. Highway 441 (also known
as North Church Street in the City of Homerville) and thence
following north along the centerline of U.S. Highway 441
to the Clinch/Atkinson County line; thence running due west
along the north county line to the northwest corner of Clinch
County; thence running due south along the Clinch County
line to the intersection with U.S. Highway 84, approximately
5 miles west of Dupont, Georgia; thence running easterly
along the centerline of U.S. Highway 84 to its intersection
with the western city limits of Dupont, Georgia; thence run-
ning southerly and then northerly along the city limits of
Dupont to their intersection with U.S. Highway 84 on the
eastern city limits of Dupont; thence following the centerline
of U.S. 84 in an easterly direction back to Homerville, Geor-
gia and the Point of Beginning.
Education District 3
Beginning at a point formed by the intersection of the
centerlines of U.S. Highway 84 (also known as Dame Avenue
in the City of Homerville) and U.S. Highway 441 (also known
as North Church Street in the City of Homerville) and thence
following south along the centerline of U.S. Highway 441
to its intersection with State Highway 187 (also known as
Forrest Avenue in the City of Homerville); thence running
in a southwesterly direction along the centerline of State
Highway 187 to its intersection with College Street; thence
running in a southerly direction along the centerline of Col-
lege Street to its intersection of Magnolia Street; thence
running in an easterly direction along the centerline of Mag-
nolia Street to its intersection with Virginia Avenue; thence
running in a southerly direction along the centerline of Vir-
ginia Avenue to its intersection with Shirley Road; thence
running in an easterly direction along the centerline of Shir-
GEORGIA LAWS 1985 SESSION
4921
ley Road to its intersection of U.S. Highway 441 (Church
Street); thence running in a southerly direction along the
centerline of U.S. Highway 441 to its intersection with the
southern city limits of Homerville, Georgia; thence following
the city limits of Homerville, Georgia in a westerly direction
to their intersection with Tatum Creek; thence running
along Tatum Creek in a southerly direction to its intersection
with Clinch County Road 36; thence running in an easterly
direction along the centerline of County Road 36 to its inter-
section with Clinch County Road 39; thence running in an
easterly direction along the centerline of Clinch County Road
39 to its intersection with U.S. Highway 441; thence running
south along the centerline of U.S. Highway 441 to its inter-
section with Clinch County Road 161, commonly known as
the Jessie Hinson Road; thence running westerly along the
centerline of Clinch County Road 161 to its intersection with
Antioch Church Road; thence running south along the cen-
terline of Antioch Church Road to its intersection with
Clinch County Road 144; thence running north along the
centerline of Clinch County Road 144 to its intersection with
Clinch County Road 184; thence running north along the
centerline of Clinch County Road 184 to its intersection with
Clinch County Road 147; thence running north along the
centerline of Clinch County Road 147 to the Clinch/Ware
County Line; thence running in a northerly direction along
the east county line to its intersection with U.S. Highway
84; thence running in a westerly direction along the center-
line of U.S. Highway 84 to its intersection with the eastern
city limits of Argyle, Georgia; thence running along the Ar-
gyle city limits in a northerly and then southerly direction
to their intersection with U.S. Highway 84 on the western
City limits of Argyle; thence running in a westerly direction
along the centerline of U.S. Highway 84 to the City of Homer-
ville, Georgia and the point of beginning.
Education District 4
Beginning at a point formed by the intersection of the
centerlines of U.S. Highway 84 (also known as Dame Avenue
in the City of Homerville) and U.S. Highway 441 (also known
as North Church Street in the City of Homerville) and thence
following south along the centerline of U.S. Highway 441
to its intersection with State Highway 187 (also known as
4922 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Forrest Avenue in the City of Homerville); thence running
in a southwesterly direction along the centerline of State
Highway 187 to its intersection with College Street; thence
running in a southerly direction along the centerline of Col-
lege Street to its intersection with Magnolia Street; thence
running in an easterly direction along the centerline of Mag-
nolia Street to its intersection with Virginia Avenue; thence
running in a southerly direction along the centerline of Vir-
ginia Avenue to its intersection with Shirley Road; thence
running in an easterly direction along the centerline of Shir-
ley Road to its intersection with U.S. Highway 441 (Church
Street); thence running in a southerly direction along the
centerline of U.S. Highway 441 to its intersection with the
southern city limits of Homerville, Georgia; thence following
the city limits of Homerville in a westerly, northerly, west-
erly and then northerly direction to their intersection with
U.S. Highway 84; thence running in an easterly direction
along the centerline of U.S. Highway 84 to the City of Homer-
ville and the point of beginning.
Education District 5
Beginning at a point formed by the intersection of the
Clinch/Lanier County Line and U.S. Highway 84 and thence
running easterly along the centerline of U.S. Highway 84
to its intersection with the western city limits of Dupont,
Georgia; thence running southerly and then northerly along
the city limits of Dupont to their intersection with U.S. High-
way 84 on the eastern city limits of Dupont; thence running
along the centerline of U.S. 84 in an easterly direction to
its intersection with the western most city limits of Homer-
ville, Georgia; thence running along the city limits of Homer-
ville in a southerly, easterly, southerly, and then easterly
direction to their intersection with Tatum Creek; thence run-
ning along Tatum Creek in a southerly its intersection with
Clinch County Road 36; thence running in an easterly direc-
tion along the centerline of County Road 36 to its intersection
with Clinch County Road 39; thence running in an easterly
direction along the centerline of Clinch County Road 39 to
its intersection with U.S. Highway 441; thence running
south along the centerline of U.S. Highway 441 to its inter-
section with Clinch County Road 161, commonly known as
the Jessie Hinson Road; thence running easterly along the
GEORGIA LAWS 1985 SESSION
4923
centerline of Clinch County Road 161 to its intersection with
Antioch Church Road; thence running south along the cen-
terline of Antioch Church Road to its intersection with
Clinch County Road 144; thence running north along the
centerline of Clinch County Road 144 to its intersection with
Clinch County Road 184; thence running north along the
centerline of Clinch County Road 184 to its intersection with
Clinch County Road 147; thence running north along the
centerline of Clinch County Road 147 to the Clinch/Ware
County Line; thence following the County Line in a southerly
direction to the Georgia/Florida State Line; thence running
along the state line in a westerly direction to the Clinch/
Echols County Line; thence following the Clinch/Echols
County Line in a northerly direction to the intersection of
the Clinch/Lanier County Line; thence following the Clinch/
Lanier County Line to its intersection with U.S. Highway
84 and the point of beginning.
(b) Any part of Clinch County which is not included in
any education district described in this section shall be included
within that education 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 5. It shall be the duty of the election superinten-
dent of Clinch County to issue the call for an election for the
purpose of submitting this Act to the electors of the Clinch
County School District for approval or rejection. The superinten-
dent shall set the date of such election for Tuesday, November
4, 1986. At least 29 days shall intervene between the date of
the issuance of the call and the date of the election. The superin-
tendent 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 Clinch County. The ballot
shall have written or printed thereon the words:
"( ) YES Shall the Act providing for the reap-
portionment of the board of education
( ) NO of Clinch County by dividing Clinch
County into five single-member edu-
cation districts with each member be-
ing elected by a majority of the elec-
tors of their respective education
districts be approved?
4924 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 Clinch 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. This Act shall become effective on July 1, 1985.
Section 7. 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
1985 session of the General Assembly of Georgia, a bill to provide
for reapportionment of the Board of Education of Clinch County;
to provide for education districts and for the manner of electing
members of the Board; to provide for other matters relative
to the foregoing; and for other purposes.
This 28th day of January 1985.
Honorable Tom Crosby, Jr.
Representative,
150th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Tom Crosby, who, on oath,
deposes and says that he is Representative from the 150th Dis-
trict, and that the attached copy of Notice of Intention to Intro-
duce Local Legislation was published in the Clinch County News
which is the official organ of Clinch County, on the following
date: January 31, 1985.
/s/ Tom Crosby
Representative,
150th District
GEORGIA LAWS 1985 SESSION
4925
Sworn to and subscribed before me,
this 22nd day of February, 1985.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 11, 1988.
(Seal).
Approved March 28, 1985.
ETOWAH-FORSYTH WATER AUTHORITY SEWAGE
SYSTEMS.
No. 495 (House Bill No. 973).
AN ACT
To amend an Act creating the Etowah-Forsyth Water Au-
thority, approved March 28, 1984 (Ga. L. 1984, p. 4779), so as
to authorize the authority to acquire, construct, add to, extend,
improve, equip, operate, and maintain sewage systems, both
sanitary and storm, sewage disposal and sewage treatment
plants, and any and all other related facilities; to authorize
the authority to contract with others pertaining to sewer utili-
ties and facilities; to provide for other matters relative to sewage
services and the financing and provision thereof; to repeal con-
flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act creating the Etowah-Forsyth Water Au-
thority, approved March 28, 1984 (Ga. L. 1984, p. 4779), is
amended by striking paragraph (2) of Section 3 of such Act
and inserting in lieu thereof a new paragraph (2) to read as
follows:
"(2) The word 'project shall be deemed to mean and
include the acquisition, construction, and equipping of water
4926 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 bound-
aries 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. 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 treat-
ment 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 Forsyth County, and the operation, mainte-
nance, additions, improvements, and extensions of such facil-
ities so as to assure an adequate sewerage system deemed
by the authority necessary for the efficient operation of a
sanitary and storm sewer system. Said water facilities and
said sewerage facilities, at the discretion of the authority,
may be combined at any time into a water and sewerage
system as one revenue-producing undertaking and operated
and maintained as such.
Section 2. Said Act is further amended by striking para-
graph (5) of Section 4 of such Act and inserting in lieu thereof
a new paragraph (5) to read as follows:
"(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, de-
partments, institutions, or agencies of the state are author-
ized 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 cor-
porations, counties, and other political subdivisions and to
GEORGIA LAWS 1985 SESSION
4927
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 munic-
ipal 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 gath-
ering 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 under-
takings is authorized between the authority and private cor-
porations, both within and without the State of Georgia,
and between the authority and public bodies including coun-
ties and cities outside the State of Georgia.
Section 3. Said Act is further amended by striking Section
23 of such Act and inserting in lieu thereof a new Section 23
to read as follows:
"Section 23. Purpose of the authority. Without limiting
the generality of any provision of this Act, the general pur-
pose 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 envi-
rons, including the geographic area of adjoining counties
and municipalities located therein, and further for the gen-
eral purpose of gathering and treatment of waste, both indi-
vidual and industrial, but such general purpose shall not
restrict the authority from selling and delivering water di-
rectly to consumers in those areas where there does not
now exist water distribution systems or furnishing sewer
facilities to such customers 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 custom-
ers, governmental agencies, or governmental instrumentali-
4928 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ties 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 4. Said Act is further amended by striking Section
24 of such Act and inserting in lieu thereof a new Section 24
to read as follows:
"Section 24. Rates, charges, and revenues; use. The au-
thority 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 un-
dertaking or project, to issue revenue bonds as provided in
this Act to finance, in whole or in part, the cost of the acquisi-
tion, construction, reconstruction, improvements, better-
ment, 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 ex-
tensions thereto thereafter made.
Section 5. Said Act is further amended by striking Section
25 of such Act and inserting in lieu thereof a new Section 25
to read as follows:
"Section 25. Rules and regulations for operation of proj-
ects. 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.
GEORGIA LAWS 1985 SESSION
4929
Section 6. Said Act is further amended by striking Section
28 of such Act and inserting in lieu thereof a new Section 28
to read as follows:
"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,
a sewerage system, or a combined water and sewerage sys-
tem or to issue revenue bonds as is provided by the Revenue
Bond Law.
Section 7. All laws and parts of laws in conflict with this
Act are repealed.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular
1985 session of the General Assembly of Georgia a bill to amend
an Act creating the Etowah-Forsyth Water Authority, approved
March 28, 1984 (Ga. L. 1984, p. 4779); and for other purposes.
This 15th day of February, 1985.
Honorable Bill 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 follow-
ing date: February 20, 1985.
/s/ Bill H. Barnett
Representative,
10th District
4930 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 25th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 28, 1985.
FLOYD COUNTY MERIT SYSTEM; INVESTIGATORS;
ASSISTANT DISTRICT ATTORNEYS.
No. 496 (House Bill No. 978).
AN ACT
To amend an Act known as the "Floyd County Merit System
Act, approved April 9,1969 (Ga. L. 1969, p. 2505), as amended,
particularly by an Act approved March 18, 1983 (Ga. L. 1983,
p. 4339), so as to provide for additional exemptions from coverage
under the merit system; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act known as the "Floyd County Merit Sys-
tem Act, approved April 9, 1969 (Ga. L. 1969, p. 2505), as
amended, particularly by an Act approved March 18, 1983
(Ga. L. 1983, p. 4339), is amended by adding at the end of the
listing of exceptions in the first undesignated paragraph of Sec-
tion 2 thereof the following:
"(y) Any investigator with the Floyd County district
attorneys office.
GEORGIA LAWS 1985 SESSION
4931
(z) Any county-funded Floyd County assistant district
attorney.
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 1985 session of the General Assembly of Georgia, a bill
to provide for investigators for the District Attorney of the Rome
Judicial Circuit and procedures connected therewith; to provide
an additional exemption from coverage under the merit system;
to repeal conflicting laws; and for other purposes.
Paul Smith
Representative,
16th District
Buddy Childers
Representative,
15th District, Post 1
Forest McKelvey
Representative,
15th District, Post 2
Ed Hine
Senator,
52nd District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Paul E. Smith, 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 fol-
lowing date: February 21, 1985.
/s/ Paul E. Smith
Representative,
16th District
4932 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 25th day of February, 1985.
Is/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 28, 1985.
NEWTON COUNTY INDUSTRIAL DEVELOPMENT
AUTHORITY LOCAL CONSTITUTIONAL AMENDMENT
CONTINUED.
No. 497 (House Bill No. 986).
AN ACT
To continue in force and effect as a part of the Constitution
of the State of Georgia that constitutional amendment creating
the Newton County Industrial Development Authority (Resolu-
tion Act No. 112, House Resolution No. 414-937, Ga. L. 1964,
p. 825); to provide the authority for this Act; to repeal conflicting
laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. That constitutional amendment creating the
Newton County Industrial Development Authority (Resolution
Act No. 112, House Resolution No. 414-937, Ga. L. 1964, p. 825)
shall not be repealed or deleted on July 1, 1987, as a part of
the Constitution of the State of Georgia but is specifically contin-
ued in force and effect on and after that date as a part of the
Constitution of the State of Georgia.
Section 2. This Act is passed pursuant to Article XI, Sec-
tion I, Paragraph IV of the Constitution of the State of Georgia
which authorizes the continuation of certain amendments to
the Constitution.
GEORGIA LAWS 1985 SESSION
4933
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
1985 session of the General Assembly of Georgia a bill to con-
tinue in force and effect as part of the Constitution of the State
of Georgia that constitutional amendment creating the Newton
County Industrial Development Authority (Resolution Act No.
112, House Resolution No. 414-937, Ga. L. 1964, p. 825); and
for other purposes.
This 12th day of February, 1985.
Denny Dobbs
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 follow-
ing date: February 21, 1985.
/s/ Denny M. Dobbs
Representative,
74th District
Sworn to and subscribed before me,
this 25th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 28, 1985.
4934 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
BUTTS COUNTY MAGISTRATE COURT; LAW LIBRARY
FEES.
No. 498 (House Bill No. 988).
AN ACT
To amend an Act providing for the Magistrate Court of Butts
County, approved March 15, 1984 (Ga. L. 1984, p. 4308), so as
to provide for the collection of additional costs as law library
fees; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act providing for the Magistrate Court of
Butts County, approved March 15, 1984 (Ga. L. 1984, p. 4308),
is amended by adding a new section, to be designated Section
3A, to read as follows:
"Section 3A. (a) The collection of additional costs in
cases before the Magistrate Court of Butts County shall be
made for the benefit of the Butts County Law Library. The
amount of such fees shall not exceed $3.00. The amount of
such fees shall be determined by the senior judge of the
Superior Court of Butts County.
(b) The clerk of the Magistrate Court of Butts 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 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
1985 session of General Assembly of Georgia a bill to amend
an Act providing for the Magistrate Court of Butts County, ap-
GEORGIA LAWS 1985 SESSION
4935
proved March 15, 1984 (Ga. L. 1984, p. 4308); providing for the
costs of filing fees and for other purposes.
This 15th day of February, 1985.
Larry Smith
Representative,
78th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Larry Smith, 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 Prog-
ress-Argus which is the official organ of Butts County, on the
following date: February 20, 1985.
/s/ Larry Smith
Representative,
78th District
Sworn to and subscribed before me,
this 25th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 28, 1985.
4936 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
DOWNTOWN CAMILLA DEVELOPMENT AUTHORITY
LOCAL CONSTITUTIONAL AMENDMENT CONTINUED.
No. 499 (House Bill No. 989).
AN ACT
To continue in force and effect as a part of the Constitution
of the State of Georgia that constitutional amendment establish-
ing the Downtown Camilla Development Authority and provid-
ing for its powers, duties, and responsibilities (Resolution Act
No. 184, House Resolution 721-1868, Ga. L. 1976, p. 1812); to
provide the authority for this Act; to repeal conflicting laws;
and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. That constitutional amendment establishing
the Downtown Camilla Development Authority and providing
for its powers, duties, and responsibilities (Resolution Act No.
184, House Resolution 721-1868, Ga. L. 1976, p. 1812) shall not
be repealed or deleted on July 1, 1987, as a part of the Constitu-
tion of the State of Georgia but is specifically continued in force
and effect on and after that date as a part of the Constitution
of the State of Georgia.
Section 2. This Act is passed pursuant to Article XI, Sec-
tion I, Paragraph IV of the Constitution of the State of Georgia
which authorizes the continuation of certain amendments to
the 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 regular
1985 session of the General Assembly of Georgia a bill to con-
tinue in force and effect as part of the Constitution of Georgia
that constitutional amendment which was proposed by Resolu-
tion Act No. 184 (HR 721-1868) enacted at the 1976 session of
GEORGIA LAWS 1985 SESSION
4937
the General Assembly and which was duly ratified at the 1976
general election (Ga. L. 1976, p. 1812) and which created the
Downtown Camilla Development Authority; to provide the au-
thority for this Act; to provide for related matters; and for other
purposes.
This 21st day of February, 1985.
Thomas G. Ledford,
Attorney for Downtown
Camilla Development
Authority
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: February 22, 1985.
/s/ A. Richard Royal
Representative,
144th District
Sworn to and subscribed before me,
this 25th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 28, 1985.
4938 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
HENRY COUNTY BOARD OF EDUCATION; ELECTIONS.
No. 500 (House Bill No. 993).
AN ACT
To provide for the election of the members of the Board of
Education of Henry County from districts; to provide for resi-
dence requirements; to provide that members shall be elected
by voters within the respective districts; to describe such dis-
tricts; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. It is the intention of this Act to implement the
directives of the United States District Court for the Northern
District of Georgia in the case of McRae v. Board of Education
of Henry County.
Section 2. The Board of Education of Henry County shall
consist of five members, one member elected from each district
described in Section 3 of this Act. Any person offering as a
candidate for election to the board shall reside in the district
from which he offers. Members shall be elected by the qualified
voters within the respective district.
Section 3. For purposes of electing the membership of the
board of education, Henry County is divided into districts as
follows:
DISTRICT I SHALL BE BOUNDED AS FOLLOWS:
BEGINNING at the northwest corner of Land Lot 150 of
the 2nd District, which point is also on the Henry County/Spald-
ing County line; thence North along the West side of Land Lots
171, 182, 203, 214, and 235; thence Northwest along Bethlehem
Bottoms Creek to where it intersects with the North side of
Land Lot 245 of the 2nd District; thence East along the South
line of Land Lot 252 and the South side of Land Lot 251 of
the 7th District to where it intersects with Interstate Highway
No. 75; running thence Northwest along Interstate Highway
GEORGIA LAWS 1985 SESSION
4939
No. 75 to the intersection of State Highway 20 and State High-
way 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 cen-
terline 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 High-
way 81 to the intersection of State Highway 81 and Mt. Bethel
Road; thence in a southeasterly direction along Mt. Bethel Road
to the intersection of Sandy Ridge Road; thence South along
Sandy Ridge Road to the intersection of Keys Ferry Road; thence
East along Keys Ferry Road to the Newton County line; running
thence South, Southwest, West, Northwest and North along the
county lines dividing Henry County from Newton County, Butts
County and Spalding County, to the point of beginning.
DISTRICT II SHALL BE BOUNDED AS FOLLOWS:
BEGINNING at the northwest corner of Land Lot 150 of
the 2nd District, which point is also on the Henry County/Spald-
ing County line; thence North along the West side of Land Lots
171, 182, 203, 214, and 235; thence Northwest along Bethlehem
Bottoms Creek to where it intersects with the North side of
Land Lot 245 of the 2nd District; thence East along the South
line of Land Lot 252 and the South side of Land Lot 251 of
said district to where it intersects with Interstate Highway No.
75; running thence Northwest along Interstate Highway No.
75 to the intersection of State Highway 20 and State Highway
81; thence Northeast along said Highways 20 and 81 to the
intersection of Camp Creek, continuing in a northeasterly direc-
tion along Camp Creek to where the same intersects with the
Southern Railway tracks; continuing in a Northwesterly direc-
tion 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 North-
4940 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
west along Interstate Highway No. 1-75 to the intersection of
Flippen Road; thence South along Flippen Road to Rum Creek;
thence West along Rum Creek to Lake Spivey and the Clayton
County line; running thence South and West along the line
dividing the West side of Henry County and the East side of
Clayton County to the common intersection of Henry County,
Georgia, Clayton County, Georgia, and Spalding County, Geor-
gia; thence along the line dividing the South side of Henry
County and the North side of Spalding County in an East and
South direction to the point of beginning.
DISTRICT III SHALL BE BOUNDED AS FOLLOWS:
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 intersec-
tion 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 inter-
section of Highland Boulevard; thence West along Highland
Boulevard to the intersection of Highland Circle; thence North
and West along Highland Circle to the intersection of Forest
Road; thence North along Forest Road to the intersection of
Millers Mill Road; thence West along Millers Mill Road to the
intersection of State Route 138; running thence Northeast along
Highway 138 to the intersection of Hemphill Road; thence
Northeast along Hemphill Road to the intersection of State
Highway 155; thence North along State Highway 155 to the
intersection of State Highway 138; thence Northeast along State
Highway 138 to the Rockdale County Line; 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
GEORGIA LAWS 1985 SESSION
4941
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 intersec-
tion 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 intersec-
tion of a concentric line of 185 feet Northeasterly from center-
line 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 inter-
section of Camp Creek and point of beginning.
DISTRICT IV SHALL BE BOUNDED AS FOLLOWS:
BEGINNING at the Northwest corner of Land Lot 255 of
the 12th District of Henry County, Georgia, the same being
on the DeKalb County line; thence South along the West side
of Land Lots 255, 226, 223, 194, 191, 162, 159, and 130 of the
12th District of Henry County; thence West along the South
line of Land Lots 131 and 132 of said District to the intersection
of East Atlanta Road; thence South and Southeast along East
Atlanta Road to the City Limits of Stockbridge, Georgia; 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 Inter-
state 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.
4942 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
DISTRICT V SHALL BE BOUNDED AS FOLLOWS:
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 intersec-
tion 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 inter-
section of Highland Boulevard; thence West along Highland
Boulevard to the intersection of Highland Circle; thence North
and West along Highland Circle to the intersection of Forest
Road; thence North along Forest Road to the intersection of
Millers Mill Road; thence West along Millers Mill Road to the
intersection of State Route 138; running thence Northeast along
Highway 138 to the intersection of Hemphill Road; thence
Northeast along Hemphill Road to the intersection of State
Highway 155; thence North along State Highway 155 to the
intersection of State Highway 138; thence Northeast along State
Highway 138 to the Rockdale County line; thence Northwest
along the line dividing the East side of Henry County and the
West side of Rockdale County to the DeKalb County line; thence
West along the line dividing the North side of Henry County
and the South side of DeKalb County to the Northwest corner
of Land Lot 255 of the 12th District of Henry County, Georgia;
thence South along the West side of Land Lots 255, 226, 223,
194,191,162,159, and 130 of the 12th District of Henry County;
thence West along the South line of Land Lots 131 and 132 of
said District to the intersection of East Atlanta Road; thence
South and Southeast along East Atlanta Road to the City limits
of Stockbridge, Georgia; thence South, Southeast and Southwest
around the East side of the City limits of Stockbridge, Georgia,
to the intersection of Rock Quarry Road; thence South along
Rock Quarry Road to the intersection of Hudson Bridge Road;
thence Southwest along Hudson Bridge Road to the intersection
of Interstate Highway No. 75; thence Southeast along Interstate
Highway No. 75 to the intersection of Pates Creek and the point
of beginning.
Section 4. All laws and parts of laws in conflict with this
Act are repealed.
GEORGIA LAWS 1985 SESSION
4943
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular
1985 session of the General Assembly of Georgia a bill to provide
for the election of the members of the Board of Education of
Henry County from districts; to provide for residence require-
ments; to provide that members shall be elected by voters within
the respective districts; to describe such districts; to provide
for related matters; and for other purposes.
This 6th day of February, 1985.
Honorable 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 Dis-
trict, and that the attached copy of Notice of Intention to Intro-
duce Local Legislation was published in the Henry Herald which
is the official organ of Henry County, on the following date:
February 13, 1985.
/s/ Wesley Dunn
Representative,
73rd District
Sworn to and subscribed before me,
this 25th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 28, 1985.
4944 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CITY OF SALE CITY CORPORATE LIMITS.
No. 501 (House Bill No. 990).
AN ACT
To amend an Act incorporating the City of Sale City in
Mitchell County, approved August 12,1910 (Ga. L. 1910, p. 1117),
as amended, so as to provide for 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 Sale City in
Mitchell County, approved August 12,1910 (Ga. L. 1910, p. 1117),
as amended, is amended by striking Section 3, relating to corpo-
rate limits, and inserting in its place a new Section 3 to read
as follows:
"Section 3. Be it further enacted, That the territory in-
cluded in said City, and hereby incorporated, shall be as
follows: Beginning at the artesian well, said well being lo-
cated where Land Lot # 408 and # 409 in the 9th Land Dis-
trict, Land Lot #41 in the 10th Land District and Land
Lot #40 in the 10th Land District meet in the town known
as Sale City, in Mitchell County, and extending three-quar-
ters of a mile in every direction from said well. Limits of
said town being one and a half miles in diameter.
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
1985 Session of the General Assembly of Georgia a Bill to be
entitled An Act to Amend An Act Incorporating the City of
Sale City in Mitchell County, Georgia, so as to provide that
the centerpoint of said City shall be a point where the following
land lots meet, said land lots being as follows: Land Lots #408
and #409 in the 9th Land District, Land Lot #41 in the 10th
GEORGIA LAWS 1985 SESSION
4945
Land District and Land Lot #40 in the 10th Land District; to
repeal all conflicting laws; and, for other purposes.
This the 30th day of January, 1985.
Robert E. Hughes
City Attorney,
Sale City, Georgia
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: February 1, 1985.
/s/ A. Richard Royal
Representative,
144th District
Sworn to and subscribed before me,
this 21st day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 28, 1985.
4946 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
HENRY COUNTY COMMUNITY IMPROVEMENT
DISTRICTS ACT.
No. 502 (House Bill No. 994).
AN ACT
To provide for the creation of one or more community im-
provement districts in Henry County and in each municipality
therein; to provide for a short title; to provide for the purposes
of the said districts; to provide for definitions; to provide for
boards to administer said districts; to provide for the appoint-
ment and election of members of said boards; to provide for
taxes, fees, and assessments; to provide for the boundaries of
said districts; to provide for debt of the said districts; to provide
for cooperation with local governments; to provide for powers
of said boards; to provide for general obligation bonds, notes,
and other obligations of said districts; to provide for the form
of bonds, provisions for exchange and transfer, certificate of
validation, specification of interest rates in notices to the district
attorney or the Attorney General, and in notices of validation
hearings, etc., and definition of terms "cost of the project or
"cost of any project as used in bond resolutions, etc.; to provide
for authorized contents of agreements and instruments of the
boards generally, use of proceeds of the sale of bonds, notes,
etc., and subsequent issues of bonds, notes, etc.; to provide for
construction; to provide that Chapter 5 of Title 10 of the
O.C.G.A., the "Georgia Securities Act of 1973 shall not apply
to the offer, sale, or issuance of the boards bonds, notes, or
other obligations; to provide that no notice, proceeding, publica-
tion, or referendum shall be required; to provide the procedures
connected with all of the foregoing; to provide for an effective
date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Short title. This Act shall be referred to as the
"Henry County Community Improvement Districts Act.
Section 2. Purpose. The purpose of this Act shall be to
provide for the creation of one or more community improvement
GEORGIA LAWS 1985 SESSION
4947
districts within Henry County and each municipality therein,
and such districts shall be created for the provision of such of
the following governmental services and facilities as may be
provided for in the resolution activating each district created
under this Act or any supplemental resolution amending same:
(1) Street and road construction and maintenance,
including curbs, sidewalks, street lights, and devices to
control the flow of traffic on streets and roads;
(2) Parks and recreational areas and facilities;
(3) Storm water and sewage collection and disposal
systems;
(4) Development, storage, treatment, purification,
and distribution of water;
(5) Public transportation;
(6) Terminal and dock facilities and parking facili-
ties; and
(7) Such other services and facilities as may be pro-
vided for by general law.
Section 3. Definitions. As used herein, the term:
(1) "Agricultural means the growing of crops for
sale or raising of animals for sale or use, including the
growing of field crops, fruit or nut trees; the raising of
livestock or poultry, and the operation of dairies, horse-
boarding facilities, and riding stables.
(2) "Board means the governing body created for
the governance of each community improvement district
authorized in this Act.
(3) "Bonds or "general obligation bonds means
any bonds of a district which are authorized to be issued
under the Constitution and laws of Georgia, including
refunding bonds, but not including notes or other obliga-
tions of a district.
4948 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(4) "Caucus of electors means for each district the
meeting of electors provided for in Section 5 of this Act
at which the elected board members of the district are
elected. A quorum at such caucus shall consist of those
electors present, and a majority of those present and
voting is necessary to elect board members. No proxy
votes may be cast.
(5) "Cost of the project or "cost of any project
means and includes:
(A) All costs of acquisition (by purchase or other-
wise), construction, assembly, installation, modifica-
tion, renovation, or rehabilitation incurred in connec-
tion with any project or any part of any project;
(B) All costs of real property, fixtures, or per-
sonal property used in or in connection with or neces-
sary for any project or for any facilities related ther-
eto, including, but not limited to, the cost of all land,
estates for years, easements, rights, improvements,
water rights, connections for utility services, fees,
franchises, permits, approvals, licenses, and certifi-
cates; the cost of securing any such franchises, per-
mits, approvals, licenses, or certificates; and the cost
of preparation of any application therefor and the
cost of all fixtures, machinery, equipment (including
all transportation equipment and rolling stock), furni-
ture, and other property used in or in connection with
or necessary for any project;
(C) All financing charges and loan fees and all
interest on bonds, notes, or other obligations of a dis-
trict which accrue or are paid prior to and during
the period of construction of a project and during
such additional period as the board may reasonably
determine to be necessary to place such project in
operation;
(D) All costs of engineering, surveying, and ar-
chitectural and legal services and all expenses incur-
red by engineers, surveyors, architects, and attorneys
in connection with any project;
GEORGIA LAWS 1985 SESSION
4949
(E) All expenses for inspection of any project;
(F) All fees of fiscal agents, paying agents, and
trustees for bondholders under any trust agreement,
indenture of trust, or similar instrument or agree-
ment; all expenses incurred by any such fiscal agents,
paying agents, and trustees; and all other costs and
expenses incurred relative to the issuances of any
bonds, notes, or other obligations for any project;
(G) All expenses of or incidental to determining
the feasibility or practicability of any project;
(H) All costs of plans and specifications for any
project;
(I) All costs of title insurance and examinations
of title with respect to any project;
(J) Repayment of any loans made for the ad-
vance payment of any part of any of the foregoing
costs, including interest thereon and any other ex-
penses of such loans;
(K) Administrative expenses of the board and
such other expenses as may be necessary or incidental
to any project or the financing thereof or the placing
of any project in operation; and
(L) The establishment of a fund or funds for the
creation of a debt service reserve, a renewal and re-
placement reserve, or such other funds or reserves
as the board may approve with respect to the financ-
ing and operation of any project and as may be au-
thorized by any bond resolution, trust agreement, in-
denture of trust, or similar instrument or agreement
pursuant to the provisions of which the issuance of
any bonds, notes, or other obligations of the district
may be authorized.
Any cost, obligation, or expense incurred for any of the
foregoing purposes shall be a part of the cost of the project
and may be paid or reimbursed as such out of proceeds
of bonds, notes, or other obligations issued by the district.
4950 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(6) "District means the geographical area desig-
nated as such by the resolution of the governing body
or bodies consenting to the creation of the community
improvement district or as thereafter modified by any
subsequent resolution of the governing body or bodies
within which the district is or is to be located, or a body
corporate and politic being a community improvement
district created and activated pursuant to this Act, as
the context requires or permits.
(7) "Electors means the owners of real property
within the district which is then subject to taxes, fees,
and assessments levied by the board, as appear on the
most recent ad valorem real property tax return records
of Henry County, or one officer or director of a corporate
elector, one trustee of a trust which is an elector, one
partner of a partnership elector, or one designated repre-
sentative of an elector whose designation is made in writ-
ing to the Henry County tax commissioner, on a form
satisfactory to the commissioner, at least eight days prior
to an election. An owner of multiple parcels has one
vote, not one vote per parcel. Multiple owners of one
parcel have one vote which must be cast by one of their
number who is designated in writing by such multiple
owners as their elector.
(8) "Equitably apportioned among the properties
subject to such taxes, fees, and assessments according
to the need for governmental services and facilities cre-
ated by the degree of density of development of each
such property, with reference to taxes, fees, and assess-
ments levied by the board, means that the burden of
the taxes, fees, and assessments shall be apportioned
among the properties subject thereto based upon the va-
lues established in the most recent ad valorem tax reas-
sessment of such properties certified by the chairman
of the Henry County Board of Tax Assessors.
(9) "Forestry means the planting and growing of
trees for sale in a program which includes reforestation
of harvested trees, regular underbrush and undesirable
growth clearing, fertilizing, pruning, thinning, cruising,
and marking which indicate an active tree-farming oper-
GEORGIA LAWS 1985 SESSION
4951
ation; it does not include the casual growing of trees
on land otherwise idle or held for investment, even
though some harvesting of trees may occur thereon.
(10) "Hereby, "herein, "hereinunder, and "here-
with mean under this Act or relevant portions of this
Act.
(11) "Project means the acquisition, construction,
installation, modification, renovation, or rehabilitation
of land, interests in land, buildings, structures, facilities,
or other improvements located or to be located within
the district and the acquisition, installation, modifica-
tion, renovation, rehabilitation, or furnishing of fixtures,
machinery, equipment, furniture, or other property of
any nature whatsoever used on, in, or in connection with
any such land, interest in land, building, structure, facil-
ity, or other improvement, all for the essential public
purposes set forth in Section 2 of this Act.
(12) "Property owner or "owner of real property
means any entity or person shown as a taxpayer for one
or more parcels of real estate on the most recent ad valo-
rem tax records of Henry County within the district as
certified by the Henry County tax commissioner. Multi-
ple owners of one parcel shall constitute one property
owner and shall designate in writing one of their number
to represent the whole.
(13) "Property used nonresidentially means prop-
erty used for neighborhood shopping, a planned shopping
center, general commercial, tourist services, office or in-
stitutional, office services, light industry, heavy industry,
central business district, or other commercial or business
use which does not include residential.
(14) "Taxpayer means any entity or person paying
ad valorem taxes on real property, whether on one or
more parcels of property within the district. Multiple
owners of one parcel shall constitute one taxpayer and
shall designate in writing one of their number to repre-
sent the whole.
4952 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 4. Creation, (a) Pursuant to Article IX, Section
VII of the Constitution of the State of Georgia, as amended in
1984 (said amendment being set out at Resolution Act No. 68,
Ga. L. 1984, p. 1703), there is created one or more community
improvement districts to be located in Henry County, Georgia,
either wholly within the unincorporated area of the county,
or wholly within any municipality in the county, or partly
within one or more municipalities and partly within the unin-
corporated area of the county, each of which shall be activated
upon compliance with the conditions provided in this section
and which shall be governed by a board as constituted under
Section 5 of this Act. The conditions for such activation shall
be as provided in subsections (b) and (c) of this section.
(b) There shall be adopted a resolution consenting to the
creation of each community improvement district by:
(1) The Henry County Board of Commissioners if
the district is located wholly within the unincorporated
area of Henry County;
(2) The governing authority of the municipality if
the district is located wholly within the incorporated area
of a municipality; or
(3) The governing authorities of Henry County and
any municipality in which the district is partially located
if it is located partially within the unincorporated area
of Henry County and partially within the incorporated
area of any municipality.
(c) Written consent must be given to the creation of the
community improvement district by:
(1) A majority of the owners of real property within
the district which will be subject to taxes, fees, and assess-
ments levied by the board of the district;
(2) The owners of real property within the district
which constitutes at least 75 percent by value of all real
property within the district which will be subject to taxes,
fees, and assessments levied by the board. For the pur-
poses of this paragraph, value shall be determined by
GEORGIA LAWS 1985 SESSION
4953
the most recent approved county ad valorem tax digest;
and
(3) The written consents provided for in paragraphs
(1) and (2) of this subsection shall be submitted to the
Henry County tax commissioner who shall certify
whether paragraphs (1) and (2) of this subsection have
been satisfied with respect to each such proposed district.
(d) No district or board created under this Act shall trans-
act any business or exercise any powers hereunder until the
conditions of this section are met. A copy of such resolutions
shall be filed with the Secretary of State, who shall maintain
a record of all districts activated under this Act, and with the
Department of Community Affairs.
Section 5. Administration, appointment, and election of
board members, (a) Each district created pursuant to this Act
shall be administered by a board composed of seven board mem-
bers to be appointed and elected as provided in this section.
One board member shall be appointed by the Henry County
Board of Commissioners if any portion of the district lies within
the unincorporated area of Henry County, one board member
shall be appointed by the governing authority of each municipal-
ity within which the district is now or hereafter partially located
if any portion of the district lies within the incorporated area
of such municipality, and the remaining board members shall
be elected by the owners of real property within the district
subject to taxes, fees, and assessments levied by the board. The
appointed board members shall serve at the pleasure of the
governing body which appointed same, respectively. The initial
elected board members shall serve for terms of office as follows:
one-half thereof, or one less than half if an odd number, shall
serve for two years, and the remaining board members shall
serve for four years, respectively. Thereafter, all terms of office
shall be for four years, except the appointed board members
who serve at the pleasure of the governing body which appointed
them, respectively.
(b) The initial board members to be elected as provided
in subsection (a) of this section shall be elected in a caucus of
electors which shall be held within 60 days after the adoption
of the resolutions and the obtaining of the written consents
provided in Section 4 of this Act at such time and place within
4954 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
the district as the Henry County Board of Commissioners, or
the governing body of the municipality if the district lies wholly
within the incorporated area thereof, shall designate after notice
of the election shall have been given to said electors by publish-
ing same in the legal organ of Henry County once a week for
three weeks preceding such caucus. Thereafter, there shall be
conducted biennially, not later than 60 days following the last
day for filing ad valorem real property tax returns in Henry
County, a caucus of said electors at such time and place within
the district as the board shall designate in such notice for the
purpose of electing board members to those board member posi-
tions whose terms expire or are vacant. If a vacancy occurs in
an election position on the board, the board shall, within 60
days thereof, call a special election to fill the same to be held
within 60 days of the call unless such vacancy occurs within
180 days of the next regularly scheduled election, in which case
a special election may, but need not, be called. For any election
held under this subsection, notice thereof shall be given to said
electors by publishing notice thereof in the legal organ of Henry
County on four dates, at least 45 days, 31 days, 17 days, and
10 days, respectively, prior to such election.
(c) The board members shall be subject to recall as any
other elected public official by the electors as defined in this
Act.
(d) Board members, including appointed board members,
shall be electors within the district. If a board member ceases
to be an elector, such board members position shall be declared
vacant as of the date of the event terminating such status.
(e) The board members shall receive no compensation for
their services but shall be reimbursed for actual expenses incur-
red in the performance of their duties. They shall elect one of
their members as chairman and another as vice-chairman and
shall also elect a secretary and a treasurer or a secretary-trea-
surer, either of whom may but need not be a member of the
board.
(f) If the boundaries of a district are subsequently changed
after creation of the district to include land within a municipal-
ity which was not a party to the creation of the district, or if
a municipalitys boundaries are changed to include land within
a then existing district, the governing authority of the munici-
GEORGIA LAWS 1985 SESSION
4955
pality shall acquire the right to appoint a member to the board
of the district upon entering into the cooperation agreement
provided for in Section 9 of this Act. If the boundaries of a
district or municipality are subsequently changed after creation
of a district to include land within the unincorporated area of
Henry County and the district originally had no land within
the unincorporated area of Henry County, the Henry County
Board of Commissioners shall acquire the right to appoint a
member to the board of the district upon entering into the coop-
eration agreement provided for in Section 9 of this Act. The
newly appointed board member in such cases shall take office
upon the vacation of the first elected board members office to
be vacated, by expiration of term, death, resignation, or recall,
and that office shall thereafter be appointed by such governing
authority. If, by municipal annexation or by deannexation of
land from a district, the district no longer includes land within
the unincorporated area of Henry County or within a municipal-
ity, respectively, then upon such occurrence the board member
of the district appointed by such governing authority in which
the district is no longer located shall cease to be a board member
and such member shall thereafter be elected as otherwise pro-
vided in this section.
(g) Neither Chapter 2 of Title 21 of the O.C.G.A., the "Geor-
gia Election Code, nor Chapter 3 of Title 21 of the O.C.G.A.,
the "Georgia Municipal Election Code, shall apply to the elec-
tion of district board members. Should a vacancy in office occur
of a district board member and the regular caucus of electors
is more than six months in the future, a special election shall
be called to fill such vacancy, unless filled by appointment as
required in this section. The district board may adopt such by-
laws not inconsistent with this Act to provide for any matter
concerning such elections.
Section 6. Taxes, fees, and assessments, (a) The board may
levy taxes, fees, and assessments within the district only on
real property used nonresidentially, specifically excluding all
property exempt from ad valorem taxation under the Constitu-
tion or laws of the State of Georgia and all property used for
residential, agricultural, or forestry purposes and specifically
excluding tangible personal property and intangible property.
Any tax, fee, or assessment so levied shall not exceed 2.5 percent
of the aggregate assessed value of all such real property. The
4956 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
taxes, fees, and assessments levied by the board shall be equi-
tably apportioned among the properties subject to such taxes,
fees, and assessments according to the need for governmental
services and facilities created by the degree of density of develop-
ment of each such property. The proceeds of taxes, fees, and
assessments levied by the board shall be used only for the pur-
pose of providing governmental services and facilities which
are specially required by the degree of density of development
within the district and not for the purpose of providing those
governmental services and facilities provided to the county or
municipality as a whole. Any tax, fee, or assessment so levied
shall be collected by Henry County if the district lies wholly
or partly within the unincorporated area of Henry County or
by the municipality within which the district lies if it is wholly
within a municipality, in the same manner as taxes, fees, and
assessments are levied by Henry County or the municipality,
respectively. Delinquent taxes shall bear the same interest and
penalties as Henry County or municipal ad valorem taxes, re-
spectively, and may be enforced and collected in the same man-
ner. The proceeds of taxes, fees, and assessments so levied, less
a fee to cover the costs of collection of 1 percent thereof, but
not more than $25,000.00 in any one calendar year, shall be
transmitted by Henry County or the municipality who collects
same to the board and shall be expended by the board only
for the purposes authorized in this Act.
(b) The board shall levy the above-provided taxes between
January 1 and June 1 each calendar year and notify in writing
the collecting governing bodies by June 15 each year so they
may include the levy on their regular ad valorem tax bills.
(c) If, but for this provision, a parcel of real property is
removed from a district or otherwise would become nontaxable,
it shall continue to bear its tax millage then extant upon such
event, for bonded indebtedness of the district then outstanding,
until said bonded indebtedness then outstanding is paid or re-
funded.
Section 7. Boundaries of the districts, (a) The boundaries
of each district shall be as designated as such by the Henry
County Board of Commissioners if wholly within the unincorpo-
rated area of Henry County and such municipalities within
which the district may be partially located if partially within
the unincorporated area of Henry County and partially within
GEORGIA LAWS 1985 SESSION
4957
one or more municipalities, or by the governing authority of
a municipality if wholly within the incorporated area thereof,
as set forth in the resolutions required in Section 4 of this Act
or as may thereafter be added as provided in this section.
(b) The boundaries of a district may be increased after the
initial creation of a district pursuant to the following:
(1) Written consent is first obtained of a majority
of the owners of real property within the area sought
to be annexed and which will be subject to taxes, fees,
and assessments levied by the board of the district;
(2) Written consent of owners of real property
within the area sought to be annexed which constitutes
at least 75 percent by value of the property which will
be subject to taxes, fees, and assessments levied by the
board. For the purposes of this paragraph, value shall
be determined by the most recent approved county ad
valorem tax digest;
(3) The adoption of a resolution consenting to the
annexation by the board of the district; and
(4) The adoption of a resolution consenting to the
annexation by the governing authorities of Henry
County, if any portion of the district is or is to be in
the unincorporated area of Henry County, and such mu-
nicipalities as may have area within the district before
or after the annexation.
Section 8. Debt. Each district may incur debt without re-
gard to the requirements of Article IX, Section V of the Constitu-
tion of Georgia or any other provision of law prohibiting or
restricting the borrowing of money or the creation of debt by
political subdivisions of the State of Georgia, which debt shall
be backed by the full faith, credit, and taxing power of the
district but shall not be an obligation of the State of Georgia
or any other unit of government of the State of Georgia other
than the district.
Section 9. Cooperation with local governments. The ser-
vices and facilities provided pursuant to this Act shall be pro-
4958 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
vided for in a cooperation agreement executed jointly by the
board and the governing body of Henry County and any munici-
palities within which the district is partially located. The provi-
sions of this section shall in no way limit the authority of Henry
County or any such municipality to provide services or facilities
within the district; and Henry County or such municipalities
shall retain full and complete authority and control over any
of its facilities located within its respective areas of any district.
Said control shall include but not be limited to the modification
of, access to, and degree and type of services provided through
or by facilities of the municipality or county. Nothing contained
in this section shall be construed to limit or preempt the applica-
tion of any governmental laws, ordinances, resolutions, or regu-
lations to the district or the services or facilities provided in
this district.
Section 10. Powers, (a) Each district and its board created
pursuant to this Act shall have all of the powers necessary or
convenient to carry out and effectuate the purposes and provi-
sions of this Act, including, without limiting the generality of
the foregoing, the power:
(1) To bring and defend actions;
(2) To adopt and amend a corporate seal;
(3) To make and execute contracts, agreements, and
other instruments necessary or convenient to exercise
the powers of the board or to further the public purposes
for which the district is created, including, but not lim-
ited to, contracts for construction of projects, leases of
projects, contracts for sale of projects, agreements for
loans to finance projects, and contracts with respect to
the use of projects;
(4) To acquire by purchase, lease, or otherwise and
to hold, lease, and dispose of real and personal property
of every kind and character, or any interest therein, in
furtherance of the public purposes of the district;
GEORGIA LAWS 1985 SESSION
4959
(5) To finance (by loan, grant, lease, or otherwise),
construct, erect, assemble, purchase, acquire, own, re-
pair, remodel, renovate, rehabilitate, modify, maintain,
extend, improve, install, sell, equip, expand, add to, oper-
ate, or manage projects and to pay the cost of any project
from the proceeds of bonds, notes, or other obligations
of the district or any other funds of the district, or from
any contributions or loans by persons, corporations, part-
nerships (whether limited or general), or other entities,
all of which the board is authorized to receive, accept,
and use;
(6) To borrow money to further or carry out its pub-
lic purposes and to execute bonds, notes, other obliga-
tions, leases, trust indentures, trust agreements, agree-
ments for the sale of its bonds, notes, or other obligations,
loan agreements, security agreements, assignments, and
such other agreements or instruments as may be neces-
sary or desirable, in the judgment of the board, to evi-
dence and to provide security for such borrowing;
(7) To issue bonds, notes, or other obligations of the
district and use the proceeds thereof for the purpose of
paying all or any part of the cost of any project and
otherwise to further or carry out the public purposes
of the district and to pay all costs of the board incidental
to, or necessary and appropriate to, furthering or carry-
ing out such purposes;
(8) To make application directly or indirectly to any
federal, state, county, or municipal government or
agency or to any other source, whether public or private,
for loans, grants, guarantees, or other financial assis-
tance in furtherance of the districts public purposes and
to accept and use the same upon such terms and condi-
tions as are prescribed by such federal, state, county,
or municipal government or agency or other source;
(9) To enter into agreements with the federal gov-
ernment or any agency thereof to use the facilities or
services of the federal government or any agency thereof
in order to further or carry out the public purposes of
the district;
4960 LOCAL AND SPECIAL ACTS AND RESOLUTIONS,. VOL. II
(10) To contract for any period, not exceeding 50
years, with the State of Georgia, state institutions, or
any municipal corporation, county, or political subdivi-
sion of this state for the use by the district of any facilities
or services of the state or any such state institution, mu-
nicipal corporation, county, or political subdivision of this
state, or for the use by any state institution or any munic-
ipal corporation, county, or political subdivision of the
state of any facilities or services of the district, provided
that such contracts shall deal with such activities and
transactions as the district and any such political subdivi-
sion with which the district contracts are authorized by
law to undertake;
(11) To receive and use the proceeds of any tax levied
by any county or any municipal corporation to pay the
costs of any project or for any other purpose for which
the board may use its own funds pursuant hereto;
(12) To receive and administer gifts, grants, and de-
vises of money and property of any kind and to adminis-
ter trusts;
(13) To use any real property, personal property,
or fixtures or any interest therein or to rent or lease
such property to or from others or make contracts with
respect to the use thereof or to sell, lease, exchange,
transfer, assign, pledge, or otherwise dispose of or grant
options for any such property in any manner as it deems
to be the best advantage of the district and the public
purposes thereof;
(14) To appoint, select, and employ engineers, sur-
veyors, architects, urban or city planners, fiscal agents,
attorneys, and others and to fix their compensation and
pay their expenses;
(15) To encourage and promote the improvement
and development of the district and to make, contract
for, or otherwise cause to be made long-range plans or
proposals for the district in cooperation with Henry
County and any municipal corporations in which the dis-
trict is wholly or partially located;
GEORGIA LAWS 1985 SESSION
4961
(16) To adopt bylaws governing the conduct of busi-
ness by the board, the election and duties of officers of
the board, and other matters which the board determines
to deal with in its bylaws;
(17) To exercise any power granted by the laws of
this state to public or private corporations which is not
in conflict with the public purposes of the district; and
(18) To do all things necessary or convenient to
carry out the powers conferred hereby.
(b) The powers enumerated in each paragraph of subsection
(a) of this section are cumulative of and in addition to those
powers elsewhere enumerated in this Act. No such power limits
or restricts any other power of the board.
Section 11. Bonds generally, (a) Notes or other obliga-
tions issued by a district other than general obligation bonds
shall be paid solely from the property pledged to pay such notes
or other obligations. General obligation bonds issued by any
district shall constitute a general obligation of the district to
the repayment of which the full faith and credit and taxing
power of the district shall be pledged.
(b) All bonds, notes, and other obligations of any district
shall be authorized by resolution of its board adopted by a major-
ity vote of the board members at a regular or special meeting.
(c) Bonds, notes, or other obligations shall bear such date
or dates, shall mature at such time or times (not more than
40 years from their respective dates), shall bear interest at such
rate or rates (which may be fixed or may fluctuate or otherwise
change from time to time), shall be subject to redemption on
such terms, and shall contain such other terms, provisions, cove-
nants, assignments, and conditions as the resolution authorizing
the issuance of such bonds, notes, or other obligations may per-
mit or provide. The terms, provisions, covenants, assignments,
and conditions contained in or provided or permitted by any
resolution of the board authorizing the issuance of such bonds,
notes, or other obligations shall bind the board members of the
district then in office and their successors.
4962 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(d) The board shall have power from time to time and when-
ever it deems it expedient to refund any bonds by the issuance
of new bonds, whether or not the bonds to be refunded have
matured, and may issue bonds partly to refund bonds then out-
standing and partly for any other purpose permitted under this
Act. The refunding bonds may be exchanged for the bonds to
be refunded, with such cash adjustments as may be agreed upon,
or may be sold and the proceeds applied to the purchase or
redemption of the bonds to be refunded.
(e) There shall be no limitation upon the interest rates
or any maximum interest rate or rates on any bonds, notes,
or other obligations of the district; and the usury laws of this
state shall not apply to bonds, notes, or other obligations of
these districts.
(f) Bonds issued by a district may be in such form, either
coupon or fully registered, or both coupon and fully registered,
and may be subject to such exchangeability and transferability
provisions as the bond resolution authorizing the issuance of
such bonds or any indenture or trust agreement may provide.
(g) Bonds shall bear a certificate of validation. The signa-
ture of the clerk of the Superior Court of Henry County may
be made on the certificate of validation of such bonds by facsim-
ile or by manual execution, stating the date on which such bonds
were validated; and such entry shall be original evidence of
the fact of judgment and shall be received as original evidence
in any court in this state.
(h) In lieu of specifying the rate or rates of interest which
such bonds are to bear, and the principal amount and maturities
of such said bonds, the notice to the district attorney or the
Attorney General, the notice to the public of the time, place,
and date of the validation hearing, and the petition and com-
plaint for validation may state that the bonds when issued will
bear interest at a rate not exceeding a maximum per annum
rate of interest (which may be fixed or may fluctuate or otherwise
change from time to time) and that the principal amount will
not exceed and the final maturity date will not be later than
as specified in such notices and petition and complaint or may
state that, in the event the bonds are to bear different rates
of interest for different maturity dates, none of such rates will
GEORGIA LAWS 1985 SESSION
4963
exceed the maximum rate (which may be fixed or may fluctuate
or otherwise change from time to time) so specified; provided,
however, that nothing in this section shall be construed as pro-
hibiting or restricting the right of a board to sell such bonds
at a discount, even if in doing so the effective interest cost result-
ing therefrom would exceed the maximum per annum interest
rate specified in such notices and in the petition and complaint.
(i) The terms "cost of the project and "cost of any project
shall have the meaning prescribed in this Act whenever those
terms are referred to in bond resolutions of a board in bonds,
notes, or other obligations of the district, or in notices or proceed-
ings to validate such bonds, notes, or other obligations of a dis-
trict.
Section 12. Authorized contents of agreements and instru-
ments of the board generally; use of proceeds of sale of bonds,
notes, etc.; subsequent issues of bonds, notes, etc. (a) Subject
to the limitations and procedures provided by this section and
by Section 11 of this Act, the agreements or instruments exe-
cuted by a board may contain such provisions not inconsistent
with law as shall be determined by such board.
(b) The proceeds derived from the sale of all bonds, notes,
and other obligations issued by a district shall be held and used
for the ultimate purpose of paying, directly or indirectly as per-
mitted in this Act, all or part of the cost of any project or for
the purpose of refunding any bonds, notes, or other obligations
issued in accordance with this Act.
(c) Issuance by a board of one or more series of bonds, notes,
or other obligations for one or more purposes shall not preclude
it from issuing other bonds, notes, or other obligations in connec-
tion with the same project or with any other projects; but the
proceeding in which any subsequent bonds, notes, or other obli-
gations are issued shall recognize and protect any prior loan
agreement, security agreement, or other agreement or instru-
ment made for any prior issue of bonds, notes, or other obliga-
tions, unless in the resolution authorizing such prior issue the
right is expressly reserved to the board to issue subsequent
bonds, notes, or other obligations on a parity with such prior
issue.
4964 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 13. Construction; applicability of Chapter 5 of Title
10 of the O.C.G.A., the "Georgia Securities Act of 1973; notice,
proceeding, publication, referendum. This Act shall be liberally
construed to effect its purposes. The offer, sale, or issuance of
bonds, notes, or other obligations by a district shall not be subject
to regulation under Chapter 5 of Title 10 of the O.C.G.A., the
"Georgia Securities Act of 1973. No notice, proceeding, or publi-
cation except those required in this Act shall be necessary to
the performance of any act authorized in this Act, nor shall
any such act be subject to referendum.
Section 14. Effective date. This Act shall become effective
upon its approval by the Governor or upon its becoming law
without his approval.
Section 15. 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
1985 Session of the General Assembly of Georgia a bill to provide
for the creation of one or more Community Improvement Dis-
tricts in Henry County and in each municipality therein; and
for other purposes.
This 7th day of February, 1985.
Honorable 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 Dis-
trict, and that the attached copy of Notice of Intention to Intro-
duce Local Legislation was published in the Henry Herald which
is the official organ of Henry County, on the following date:
February 13, 1985.
/s/ Wesley Dunn
Representative,
73rd District
GEORGIA LAWS 1985 SESSION
4965
Sworn to and subscribed before me,
this 25th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 28, 1985.
STATE COURT OF CHATTOOGA COUNTY JUDGE AND
SOLICITOR; COMPENSATION.
No. 503 (House Bill No. 998).
AN ACT
To amend an Act creating the State Court of Chattooga
County, approved March 29, 1983 (Ga. L. 1983, p. 4570), as
amended by an Act approved March 21, 1984 (Ga. L. 1984, p.
4488), so as to provide for the compensation of the judge and
solicitor of the court; to provide an effective date; to repeal con-
flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act creating the State Court of Chattooga
County, approved March 29, 1983 (Ga. L. 1983, p. 4570), as
amended by an Act approved March 21, 1984 (Ga. L. 1984, p.
4488), is amended by striking subsection (c) of Section 12 and
inserting in its place a new subsection to read as follows:
"(c) The judge shall be paid a salary of $16,500.00 per
annum, payable monthly out of the treasury of Chattooga
County by the officers of said county authorized to pay out
the funds of said county. The salary of such judge shall be
an expense of said court.
4966 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2. Said Act is further amended by striking subsec-
tion (d) of Section 13 and inserting in its place a new subsection
to read as follows:
"(d) The solicitor shall receive an annual salary of
$11,000.00, payable in equal monthly installments from the
funds of Chattooga County.
Section 3. This Act shall become effective July 1, 1985.
Section 4. 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
1985 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), as amended by an act
approved March 21, 1984 (Ga. L. 1984, p. 4488); and for other
purposes.
This 19th day of February, 1985.
John 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: February 21, 1985.
/s/ John G. Crawford
Representative,
5th District
GEORGIA LAWS 1985 SESSION
4967
Sworn to and subscribed before me,
this 25th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 28, 1985.
TOWN OF TRION HOMESTEAD EXEMPTION FOR
ELDERLY RESIDENTS; LOCAL CONSTITUTIONAL
AMENDMENT CONTINUED.
No. 504 (House Bill No. 1001).
AN ACT
To continue in force and effect as a part of the Constitution
of the State of Georgia that constitutional amendment which
was proposed by Resolution Act No. 219 of the 1980 General
Assembly and which was duly ratified at the 1980 general elec-
tion (Ga. L. 1980, p. 2198) and which relates to homestead exemp-
tions from municipal ad valorem taxation for elderly residents
of the Town of Trion; to provide the authority for this Act; to
repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. That constitutional amendment which was pro-
posed by Resolution Act No. 219 of the 1980 General Assembly
and which was duly ratified at the 1980 general election (Ga.
L. 1980, p. 2198) and which relates to homestead exemptions
from municipal ad valorem taxation for elderly residents of the
Town of Trion shall not be repealed or deleted on July 1, 1987,
as a part of the Constitution of the State of Georgia but is specifi-
4968 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
cally continued in force and effect on and after that date as a
part of the Constitution of the State of Georgia.
Section 2. This Act is passed pursuant to Article XI, Sec-
tion I, Paragraph IV of the Constitution of the State of Georgia
which authorizes the continuation of certain amendments to
the 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 regular
1985 session of the General Assembly of Georgia a bill to con-
tinue in force and effect as a part of the Constitution of the
State of Georgia that constitutional amendment which was pro-
posed by Resolution Act No. 219 of the 1980 General Assembly
and which was duly ratified at the 1980 general election (Ga.
L. 1980, p. 2198) and which relates to homestead exemptions
from municipal ad valorem taxation for elderly residents of the
Town of Trion; to provide the authority for this Act; and for
other purposes.
This 19th day of Feb., 1985.
John G. Crawford
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: February 21, 1985.
/s/ John G. Crawford
Representative,
5th District
GEORGIA LAWS 1985 SESSION
4969
Sworn to and subscribed before me,
this 25th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 28, 1985.
CLAYTON COUNTY CORONER; COMPENSATION.
No. 505 (House Bill No. 1018).
AN ACT
To amend an Act providing for the compensation and ex-
penses of the coroner of Clayton County, approved March 18,
1980 (Ga. L. 1980, p. 3511), so as to change the compensation
of the coroner; to provide an effective date; to repeal conflicting
laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act providing for the compensation and ex-
penses of the coroner of Clayton County, approved March 18,
1980 (Ga. L. 1980, p. 3511), is amended by striking the figures
and symbols "$7,200.00 in subsection (a) of Section 1 in their
entirety and substituting in lieu thereof the figures and symbols
"$8,200.00 so that when so amended subsection (a) shall read
as follows:
"(a) In lieu of all fees for his services, the coroner of
Clayton county shall receive an annual salary of $8,200.00.
In addition to such salary, the coroner shall receive an ex-
pense allowance of $2,400.00 per annum. Such salary and
expense allowance shall be paid in equal monthly install-
ments from the funds of Clayton County.
4970 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
1985 session of the General Assembly of Georgia a bill to amend
an Act providing for the compensation and expenses of the
coroner of Clayton County, approved March 18, 1980 (Ga. L.
1980, p. 3511); and for other purposes.
This 14th day of February, 1985.
Clayton County
Legislative Delegation
State of Georgia. County of Clayton.
Personally appeared before the undersigned a notary public
within and for said county and state, William L. Wadkins, Pub-
lisher of Clayton News/Daily, the official legal organ for the
county of Clayton for the publication of official or legal advertise-
ments 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 (Ga.
L. 1980, p. 3511) a true copy of which is hereto annexed, was
published in said newspaper in its issue of the following dates:
Thursday, February 14th, 1985.
/s/ William L. Wadkins
Publisher
Sworn to and subscribe before me this date.
/s/ Brenda M. Morgan
Notary Public, Georgia, State at Large.
My Commission Expires June 14, 1986.
(Seal).
Approved March 28, 1985.
GEORGIA LAWS 1985 SESSION
4971
BRANTLEY COUNTY CLERK OF THE SUPERIOR COURT;
JUDGE OF THE PROBATE COURT; TAX COMMISSIONER;
COMPENSATION.
No. 506 (House Bill No. 1020).
AN ACT
To amend an Act abolishing the present mode of compensat-
ing the clerk of the superior court, the judge of the probate
court, and the tax commissioner of Brantley County, known
as the fee system, and providing in lieu thereof annual salaries
for such officers, approved March 18,1968 (Ga. L. 1968, p. 2301),
as amended, so as to change the provisions relating to the com-
pensation of such 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 abolishing the present mode of compen-
sating the clerk of the superior court, the judge of the probate
court, and the tax commissioner of Brantley County, known
as the fee system, and providing in lieu thereof annual salaries
for such officers, approved March 18,1968 (Ga. L. 1968, p. 2301),
as amended, is amended by striking Sections 2, 3, and 4 and
inserting in lieu thereof new Sections 2, 3, and 4, respectively,
to read as follows:
"Section 2. The clerk of the superior court shall receive
an annual salary in an amount equal to the amount provided
for in Article 2 of Chapter 6 of Title 15 of the O.C.G.A.
plus $2,400.00. Such salary shall be payable in equal monthly
installments from the funds of Brantley County. In addition
to such salary, such officer shall be entitled to receive such
other compensation or reimbursement for expenses as may
be provided by law.
Section 3. The judge of the probate court shall receive
an annual salary in an amount equal to the amount provided
for in Article 3 of Chapter 9 of Title 15 of the O.C.G.A.
plus $2,400.00. Such salary shall be payable in equal monthly
4972 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
installments from the funds of Brantley County. In addition
to such salary, such officer shall be entitled to receive such
other compensation or reimbursement for expenses as may
be provided by law.
Section 4. The tax commissioner shall receive an an-
nual salary in an amount equal to the amount provided
for in Part 3 of Article 3 of Chapter 5 of Title 48 of the
O.C.G.A. plus $2,400.00. Such salary shall be payable in
equal monthly installments from the funds of Brantley
County. In addition to such salary, such officer shall be enti-
tled to receive such other compensation or reimbursement
for expenses as may be provided by 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 a regular
1985 session of the General Assembly a bill to amend an act
placing the Clerk of Superior Court, Probate Judge and Tax
Commissioner of Brantley County on an annual salary, approved
March 18,1968 (Ga. L. 1968, p. 2301) as amended, so as to change
the compensation of such officers; and for other purposes.
This 19th day of February, 1985.
Gerald E. Wilkerson
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 Brantley En-
terprise which is the official organ of Brantley County, on the
following date: February 21, 1985.
GEORGIA LAWS 1985 SESSION
4973
/s/ Tommy Smith
Representative,
152nd District
Sworn to and subscribed before me,
this 25th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 28, 1985.
FAYETTE COUNTY CLERK OF THE SUPERIOR COURT;
COMPENSATION.
No. 507 (House Bill No. 1025).
AN ACT
To amend an Act abolishing the fee system of compensation
for the clerk of the Superior Court of Fayette County and provid-
ing an annual salary in lieu thereof, approved March 10, 1965
(Ga. L. 1965, p. 2237), as amended, so as to change the compensa-
tion 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 abolishing the fee system of compensa-
tion for the clerk of the Superior Court of Fayette County and
providing an annual salary in lieu thereof, approved M&rch
10,1965 (Ga. L. 1965, p. 2237), as amended, is amended by strik-
ing subsection (a) of Section 2 of said Act in its entirety and
inserting in lieu thereof a new subsection (a) to read as follows:
4974 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
"(a) The clerk of the Superior Court of Fayette County
shall receive an annual salary of $34,750.00, payable in equal
monthly installments from the funds of Fayette County. This
salary shall be the clerk of the superior courts full and
complete compensation and shall be in lieu of all other fees
or emoluments now or hereafter authorized by law. All funds
collected from any source by the clerk of the superior court
shall be county funds and shall be paid into the county trea-
sury. Should the compensation from all sources as authorized
under general laws ever exceed the salary provided for in
this subsection, the provisions of general law shall prevail.
Section 2. This Act shall become effective on the first day
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 Apply for Local Legislation.
Notice is hereby given that there will be introduced in the
1985 session of the General Assembly of Georgia a bill to amend
an Act providing for the compensation for the Clerk of the Supe-
rior Court of Fayette County (Ga. Laws 1965, pg. 2237), as
amended, so as to increase the salary of the Clerk of the Superior
of Fayette County; to repeal conflicting laws and for other pur-
poses.
William R. McNally
County Attorney
Fayette County
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 23, 1985.
GEORGIA LAWS 1985 SESSION
4975
/s/ Paul W. Heard, Jr.
Representative,
43rd District
Sworn to and subscribed before me,
this 20th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 28, 1985.
CANDLER COUNTY BOARD OF COMMISSIONERS;
MEMBERSHIP; ELECTIONS; CHAIRMAN; POWERS;
REFERENDUM.
No. 508 (House Bill No. 1031).
AN ACT
To amend an Act creating a Board of Commissioners of Can-
dler County, approved March 23, 1933 (Ga. L. 1933, p. 430), as
amended, so as to provide for an increase in the number of
members of the board of commissioners; to change the provisions
relative to the election of members of the board; to provide
for the chairman to be elected county wide; to change the provi-
sions relative to compensation of the chairman; to provide that
the chairman may be delegated authority as chief executive
and administrative officer of Candler County; to provide for
other matters relative to the foregoing; to provide for a referen-
dum relative to the composition of the board of commissioners
and the election of members; to provide effective dates; to repeal
conflicting laws; and for other purposes.
4976 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act creating a Board of Commissioners of
Candler County, approved March 23, 1933 (Ga. L. 1933, p. 430),
as amended, is amended by striking Sections 1 through 4 in
their entirety and substituting in lieu thereof new Sections 1
through 4 to read as follows:
"Section 1. The Board of Commissioners of Candler
County is created. Said board of commissioners shall consist
of a chairman and four additional members elected as pro-
vided in this Act.
Section 2. (a) For the purpose of electing the four
members of the board of commissioners other than the chair-
man, Candler County shall be divided into four commissioner
districts as follows:
Commissioner District 1 shall consist of the following
portion of Candler County:
Beginning where County Road 223 (Portal Road) in-
tersects the northeastern Candler County line; southwest
along County Road 223 to County Road 225; northwest
along County Road 225 to Georgia 121; southwest and
southeast along Georgia 121 into Metter (Lewis Street),
and southeast and south along Lewis Street to Lillian
Street; east along Lillian Street to Anderson Street; south
along Anderson Street to South Broad Street (Georgia
46); east along Georgia 46 (South Broad Street) out of
Metter to County Road 30 (Lake Church Road); north
along County Road 30 to County Road 77; southeast along
County Road 77 to County Road 82; northeast along
County Road 82 to County Road 59; north along County
Road 59 to County Road 61; east along County Road 61
to its intersection with the eastern Candler County line;
and northwest along the Candler County line to the point
of beginning.
Commissioner District 2 shall consist of the following
portion of Candler County:
GEORGIA LAWS 1985 SESSION
4977
Beginning where County Road 61 intersects the east-
ern Candler County line; west along County Road 61
to County Road 59; south along County Road 59 to County
Road 82; southwest along County Road 82 to County Road
77; northwest along County Road 77 to County Road 30
(Lake Church Road); south along County Road 30 to Geor-
gia 46; west along Georgia 46 into Metter (South Broad
Street) to Anderson Street; north along Anderson Street
to Lillian Street; west along Lillian Street to Lewis Street
(Georgia 121, Cobbtown Road); south and southwest along
Georgia 121 (Lewis Street, Cobbtown Road) and Georgia
23-121 (Lewis Street, Cobbtown Road) out of Metter to
the southern Candler County line; and southeast and
northeast along the Candler County line to the point
of beginning.
Commissioner District 3 shall consist of the following
portion of Candler County:
Beginning where Georgia 23-121 (Cobbtown Road)
crosses the southern Candler County line; northeast and
north along Georgia 23-121 into Metter (Lewis Street),
and along Lewis Street (Georgia 121) to Lillian Street;
west along Lillian Street to Cedar Street (Georgia 23);
south along Cedar Street to South Broad Street (Georgia
46); west along South Broad Street to Williams Street;
north along Williams Street to an unnamed street
(County Road 226, Stillmore Road); north-west along
County Road 226 (unnamed street, Stillmore Road) out
of Metter to the western Candler County line; and south-
west, south, and southeast along the Candler County line
to the point of beginning.
Commissioner District 4 shall consist of the following
portion of Candler County:
Beginning where County Road 226 (Stillmore Road)
intersects the western Candler County line; southeast
along County Road 226 into Metter (unnamed street) to
Williams Street; south along Williams Street to South
Broad Street (Georgia 46); east along South Broad Street
to Cedar Street (Georgia 23); north along Cedar Street
to Lillian Street; east along Lillian Street to Lewis Street
4978 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(Georgia 121); north and northwest along Lewis Street
(Georgia 121) out of Metter, and northwest and northeast
along Georgia 121 to County Road 225; southeast along
County Road 225 to County Road 223 (Portal Road);
northeast along County Road 223 to the northeastern
Candler County line; and northwest, northeast, north-
west, southwest, and south along the Candler County
line to the point of beginning.
(b) If any portion of Candler County is not included
within any of the commissioner districts described in subsec-
tion (a) of this section, said portion shall be included within
that commissioner district contiguous to such portion which
contains the least population according to the United States
decennial census of 1980.
(c) One commissioner shall be elected from each of the
four commissioner districts described in subsection (a) of this
section. A candidate for district commissioner shall have
been a resident of the respective commissioner district for
at least one year prior to taking office and must remain a
resident of such district during a term of office. Each district
commissioner shall be elected by a majority of the voters
voting within each respective commissioner district.
(d) The chairman of the board of commissioners may
reside anywhere within Candler County. The chairman shall
have been a resident of Candler County for at least one
year prior to taking office and shall remain a resident of
said county during a term of office. The chairman shall be
elected by a majority of the voters voting county-wide within
Candler County.
(e) Except for the special election provided for in Section
3 of this Act, all members of the board of commissioners
shall be nominated and elected in accordance with Chapter
2 of Title 21 of the O.C.G.A., known as the 'Georgia Election
Code.
Section 3. (a) The first member of the board of commis-
sioners from Commissioner District 1 and one temporary
at-large commissioner shall be elected at a special election
held on the second Tuesday in September, 1985. The member
GEORGIA LAWS 1985 SESSION
4979
from Commissioner District 1 and the at-large commissioner
shall take office on the first day of January, 1986, for terms
of office ending on December 31, 1988. The at-large commis-
sioner shall be elected by a majority of the voters voting
on a county-wide basis. The special election provided for
in this subsection and any runoff, if necessary, from such
special election shall be called, held, and conducted in accor-
dance with the applicable provisions of Chapter 2 of Title
21 of the O.C.G.A., known as the 'Georgia Election Code.
For the period beginning on January 1, 1986, and ending
on December 31, 1988, the Board of Commissioners of Can-
dler County shall consist of the two members elected at the
special election provided for in this subsection and the three
incumbent members of the Board of Commissioners of Can-
dler County who were elected pursuant to this Act as it
existed on January 1, 1985. The at-large commissioner pro-
vided for in this subsection shall be a temporary position
on the board of commissioners and shall not be the chairman
of the board of commissioners, but said at-large commis-
sioner shall be a full-voting member of the board of commis-
sioners for all purposes under this Act. The residency re-
quirements of subsection (d) of Section 1 of this Act for the
chairman shall apply to the temporary at-large commis-
sioner provided for in this subsection. The incumbent chair-
man of the board of commissioners holding office pursuant
to this Act as it existed on January 1, 1985, shall continue
to serve until the expiration of the regular term of office
on December 31, 1988.
(b) The chairman and the other four members of the
Board of Commissioners of Candler County as constituted
by Sections 1 and 2 of this Act shall be elected at the general
election of 1988 and shall take office on the first day of Janu-
ary, 1989, for terms of four years and until their successors
are elected and qualified. Thereafter, their successors shall
be elected at the general election immediately preceding
the expiration of the terms of office and shall take office
on the first day of January immediately following their elec-
tion for terms of four years and until their successors are
elected and qualified.
Section 4. (a) In the event of a vacancy in the office
of chairman of the board of commissioners when the remain-
4980 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ing term of office is six months or more, the vacancy shall
be filled for the unexpired term at a special election. A spe-
cial election to fill a vacancy in the office of chairman shall
be held on a county-wide basis. If the remaining term of
office is less than six months, the vice-chairman shall serve
as chairman for the remaining term of office, and the remain-
ing members of the board of commissioners shall appoint
a person from the county at large to serve as a member of
the board of commissioners until the chairman elected at
the next following general election takes office.
(b) In the event of a vacancy in the office of district
commissioner when the remaining term of office is six
months or more, the vacancy shall be filled in a special elec-
tion. A special election to fill a vacancy in the office of a
district commissioner shall be held only in the commissioner
district wherein the vacancy exists. If the remaining term
of office is less than six months, the remaining members
of the board of commissioners shall appoint a qualified resi-
dent of the commissioner district wherein the vacancy exists
to serve for the unexpired term.
(c) The election superintendent of Candler County shall
issue the call for a special election to fill a vacancy as re-
quired by this section. The call for such special election shall
be issued within not more than 20 days after the existence
of a vacancy has been established. 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.
(d) At the first regular meeting of the board of commis-
sioners which is held in January following each regular elec-
tion of members of the board, the board shall elect one of
its members to serve as vice-chairman for such term as may
be established by resolution or ordinance of the board. When
the vice-chairman serves in the place of the chairman, said
officer may exercise the powers of the chairman, subject to
any limitations provided by resolution or ordinance of the
board, but said officer shall not receive the compensation
of the chairman while serving in the chairmans place. The
vice-chairman may serve as chairman in the absence of the
chairman as well as fill a vacancy in the office of chairman.
The board shall elect one of their members to service as
GEORGIA LAWS 1985 SESSION
4981
vice-chairman at the first regular meeting which is held in
January, 1986, following the special election provided for
in subsection (a) of Section 3 of this Act. The vice-chairman
so elected shall serve for a term provided by resolution or
ordinance of the board.
(e) For the period beginning January 1, 1986, and end-
ing December 31, 1988, any special election to fill a vacancy
in any position on the board, except Commissioner District
1, shall be held county-wide.
Section 2. 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. (a) The chairman shall be a full-voting
member of the board of commissioners and shall preside
at meetings of the board. The chairman may call special
meetings of the board, but the board of commissioners shall
provide by resolution or ordinance for regular meetings of
the board.
(b) The board of commissioners may by resolution or
ordinance provide for the chairman to be a full-time chief
executive and administrative officer of Candler County. If
the board of commissioners adopts a resolution or ordinance
for such purpose, such resolution or ordinance shall specify
the powers and duties of the chairman as chief executive
and administrative officer and the board is authorized to
delegate such powers to the chairman as the board deems
appropriate or necessary. Any resolution or ordinance au-
thorized by this subsection may become effective on April
1, 1985, or at any time after that date.
(c) If the chairman is made a full-time chief executive
and administrative officer as provided in subsection (b) of
this section, the compensation of the chairman shall be not
less than $15,000.00 nor more than $22,000.00 per annum
as fixed by the board of commissioners subject to the follow-
ing limitations:
(1) For the first 12 month period that the ordinante
adopted pursuant to subsection (b) of this section is effec-
tive, the compensation of the chairman may not exceed
$15,000.00 per annum;
4982 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(2) For the second 12 month period that the ordi-
nance adopted pursuant to said subsection (b) is effective,
the compensation of the chairman may not exceed 70
percent of $22,000.00;
(3) For the third 12 month period that the ordinance
adopted pursuant to said subsection 0)) is effective, the
compensation of the chairman may not exceed 80 percent
of $22,000.00 per annum;
(4) For the third 12 month period that the ordinance
adopted pursuant to said subsection 0)) is effective, the
compensation of the chairman may not exceed 90 percent
of $22,000.00 per annum; and
(5) After the completion of the fourth 12 month pe-
riod that the ordinance adopted pursuant to said subsec-
tion Ob) is effective, the compensation of the chairman
may not exceed $22,000.00 per annum.
(d) During the phase-in period provided for in subsec-
tion (c) of this section, the chairman shall devote such time
to carrying out the official duties of the office of chairman
as the board of commissioners shall provide by the resolution
or ordinance adopted pursuant to subsection (b) of this sec-
tion, but after the completion of the fourth 12 month period
that the ordinance adopted pursuant to said subsection (b)
is effective, the chairman shall devote full time to carrying
out the duties of said office.
(e) Unless a resolution or ordinance is adopted by the
board pursuant to subsection (b) of this section to establish
the chairman as a full-time chief executive and administra-
tive officer of Candler County, the chairman shall be compen-
sated in an amount not less than $3,600.00 nor more than
$7,000.00 per annum as fixed within such limitations by reso-
lution or ordinance of the board of commissioners.
(f) The compensation of the chairman shall be paid in
equal monthly installments from the funds of Candler
County.
(g) If the chairman is not established as a full-time chief
executive and administrative officer pursuant to subsection
GEORGIA LAWS 1985 SESSION
4983
(b) of this section, the board of commissioners may employ
and fix the compensation and powers and duties of such
administrative personnel as the board determines to be nec-
essary to effectively administer the affairs of Candler County.
(h) If the chairman is established as a full-time chief
executive and administrative officer pursuant to subsection
(b) of this section and the board of commissioners subse-
quently rescinds such action by repealing the resolution or
ordinance adopted pursuant to said subsection (b), then on
the effective date of such repeal, the compensation of the
chairman shall be fixed by the board of commissioners within
the limitations provided in subsection (e) of this section.
Section 3. 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 Candler County to issue the call for
an election for the purpose of submitting Section 1 of this Act
to the electors of Candler County for approval or rejection. The
superintendent shall set the date of such election for the second
Tuesday in June, 1985. The superintendent shall issue the call
for such election at least 30 days prior to the date of the election.
The superintendent shall cause the date and purpose of the
election to be published once a week for two weeks immediately
preceding the date thereof in the official organ of Candler
County. The ballot shall have written or printed thereon the
words:
"( ) YES Shall Section 1 of the Act providing
for a Board of Commissioners of
Candler County consisting of four
( ) NO members elected from commissioner
districts and a chairman elected
county-wide and providing for a spe-
cial election to elect two additional
commissioners in 1985 be approved?
All persons desiring to vote for approval of Section 1 of said
Act shall vote "Yes, and those persons desiring to vote for
rejection of Section 1 of said Act shall vote "No. If more than
one-half of the votes cast on such question are for approval of
Section 1 of said Act, it shall become of full force and effect
4984 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
as provided in Section 4 of this Act, but otherwise it shall be
void and of no force and effect.
The expense of such election shall be borne by Candler
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 4. (a) If Section 1 of this Act is approved in the
referendum provided for in Section 3 of this Act, said Section
1 shall be effective as necessary to elect the two members of
the Board of Commissioners of Candler County at the special
election to be held on the second Tuesday in September, 1985,
as provided for in quoted Section 3 of Section 1 of this Act,
and said Section 1 shall be effective for all purposes on January
1, 1986.
(b) Section 2 of this Act shall become effective upon the
approval of this Act by the Governor or upon its otherwise be-
coming law.
Section 5. 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
1985 session of the General Assembly of Georgia a bill to provide
for increasing the number of County Commissioners from three
(3) to five (5), to provide for four (4) Commission districts, to
provide for the Chairman to be elected County wide, to provide
for Commissioner duties and compensation; and for other pur-
poses.
This 28th day of January, 1985.
Candler County
Commissioners
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Larry J. Parrish, who, on
GEORGIA LAWS 1985 SESSION
4985
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: January 30, 1985.
/s/ Larry J. Parrish
Representative,
109th District
Sworn to and subscribed before me,
this 20th day of February, 1985.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 11, 1988.
(Seal).
Approved March 28, 1985.
POLK COUNTY BOARD OF EDUCATION; RE-CREATED;
REFERENDUM.
No. 509 (House Bill No. 1033).
AN ACT
To provide for a new board of education of Polk County;
to provide for the election of members of the board of education;
to provide for education districts; to provide for qualifications
of members of the board; to provide for an appointed school
superintendent and for filling a vacancy; 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.
4986 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. The board of education of Polk County shall
be composed of nine members who shall be elected as provided
in this Act. For the purpose of electing members of the board,
Polk County shall be divided into nine education districts de-
scribed as follows:
EDUCATION DISTRICT 1:
All that tract or parcel of land lying in Polk County,
Georgia and partially within the corporate limits of the City
of Cedartown, and being more particularly described as fol-
lows:
BEGINNING at the intersection of the south right of
way line of East Avenue with the east right of way line of
Park Street; running thence south along the east right of
way line of Park Street to its intersection with the south-
westerly right of way line of the Central of Georgia Railroad;
running thence in a southwesterly direction and along the
southwesterly right of way line of the Central of Georgia
Railroad to the intersection of said right of way line with
the south right of way line of East Ware Street; running
thence west along the south right of way line of East Ware
Street to the intersection of the south right of way line of
East Ware Street with the east right of way line of South
Main Street; running thence south along the east right of
way line of South Main Street to its intersection with the
extended south right of way line of Ellawood Avenue; run-
ning thence west along the south right of way line of Ella-
wood Avenue to the intersection of said right of way line
with the east right of way line of Edna Street; running thence
south along the east right of way line of Edna Street to
the intersection of the extended right of way line of Edna
Street with the eastern line of Esom Hill Road; running
thence in a generally southwesterly direction along the east
right of way line of Esom Hill Road to the intersection of
said right of way line with the southerly city limit line of
the City of Cedartown; running thence in an easterly direc-
tion along the southerly city limit line of the City of Cedar-
town to the intersection of said city limit line with the west
right of way line of South Main Street; running thence south
GEORGIA LAWS 1985 SESSION
4987
along the west right of way line of South Main Street to
the intersection of said right of way line with the city limit
line of the City of Cedartown; running thence east along
the city limit line of the City of Cedartown to the intersection
of said line with the west right of way line of Cason Road;
running thence in a generally southeastern direction along
the westerly right of way line of Cason Road to its intersec-
tion with the north right of way line of Loworn Road as
extended across the right of way of Cason Road; running
thence east across Cason Road along the northern right of
way line of Loworn Road as it becomes Lees Chapel Road
to the intersection of said right of way line with the western
line of the East Point Road; running thence northerly along
the westerly right of way line of the East Point Road to
the intersection of said right of way line with the northerly
right of way line of "Coaling Road as extended across East
Point Road; running thence easterly along the northerly
right of way line of the Coaling Road to its intersection with
the westerly right of way line of Hunt Road; running thence
northerly along the westerly right of way line of the Hunt
Road as it becomes Hutto Road to the intersection of said
right of way line with the southerly right of way line of
Seaboard Coastline Railroad; running thence in a westerly
direction along the southerly right of way line of the Sea-
board Coastline Railroad to its intersection with the city
limit line of the City of Cedartown; running thence northerly
along the city limit line of the City of Cedartown to the
intersection of said line with the south right of way line
of East Avenue; and running thence west along the south
right of way line of East Avenue to its intersection with
the east right of way line of Park Street which is the point
of Beginning for District One.
EDUCATION DISTRICT 2:
All that tract or parcel of land lying in Polk County,
Georgia and being more particularly described as follows:
BEGINNING at a point which represents the intersec-
tion of the south right of way line of U.S. Highway 278
with the west boundary line of Polk County, Georgia, which
said line being the dividing line between Polk County, Geor-
gia, and the State of Alabama; running thence in an easterly
direction along the southerly right of way line of U.S. High-
4988 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
way 278 to the intersection of said right of way line with
the easterly right of way line of the Potash Road as extended
across U. S. Highway 278; running thence in a northerly
and easterly direction along the easterly and southerly right
of way line of the Potash Road to the intersection of said
right of way line as extended across U.S. Highway 278 with
the easterly right of way line of U.S. Highway 278; running
thence in a northeasterly direction along the easterly right
of way line of U.S. Highway 278 to the intersection of said
right of way line with the city limit line of the City of Cedar-
town; running thence southeasterly, northeasterly, south-
erly and southeasterly along the city limit line of the City
of Cedartown to the intersection of said line with the west-
erly right of way line of South Main Street (U.S. Highway
27); running thence south along the westerly right of way
of U.S. Highway 27 to the intersection of said right of way
line with the city limit line of the City of Cedartown; running
thence east along the city limit line of the City of Cedartown
to its intersection with the westerly right of way line of
the Cason Road; running thence southerly along the westerly
right of way line of the Cason Road as it becomes Antioch
Road to its intersection with the southerly right of way line
of Loworn Road as same extends across Antioch Road; run-
ning thence easterly along the southerly right of way line
of Loworn Road and following said right of way line as
same becomes Lees Chapel Road and continues on to become
Wooten Road to the intersection of said right of way line
as extended across Antioch Road with the southwesterly
right of way line of Antioch Road; running thence southeast-
erly along the southwesterly right of way line of the Antioch
Road to the intersection of said right of way line with the
westerly right of way line of the Cobb Mountain Road; run-
ning thence southerly along the westerly right of way line
of the Cobb Mountain Road to the intersection of said right
of way line with the north right of way line of the Dugdown
Road; running thence southwesterly along the northerly
right of way line of the Dugdown Road to its intersection
with the dividing line between Polk County, Georgia, and
Haralson County, Georgia; running thence west, south and
west along the dividing line between Polk County, Georgia,
and Haralson County, Georgia, to the intersection of said
line with the line dividing Polk County, Georgia, and the
State of Alabama; running thence north along the line divid-
GEORGIA LAWS 1985 SESSION
4989
ing Polk County, Georgia, and the State of Alabama to the
intersection of said line with the southerly right of way line
of U.S. Highway 278 and the point of BEGINNING.
EDUCATION DISTRICT 3:
All that tract or parcel of land lying in Polk County,
Georgia and partially within the corporate limits of the City
of Cedartown, and being more particularly described as fol-
lows:
BEGINNING at the intersection of the northerly right
of way line of U.S. Highway 278 with the line dividing Polk
County, Georgia, and the State of Alabama; running thence
easterly along the northerly right of way line of U.S. High-
way 278 to the intersection of said right of way line with
the westerly right of way line of the Potash Road; running
thence generally in a northerly and easterly direction follow-
ing the meanderings of the westerly and northerly right
of way line of the Potash Road to the intersection of said
right of way line with the northwesterly right of way line
of U.S. Highway 278; running thence in a generally north-
eastern direction along the northwesterly right of way line
of U.S. Highway 278 to the intersection of said right of way
line with the city limit line of the City of Cedartown; running
thence in a southeasterly, northeasterly, southerly and
southeasterly direction along the city limit line of the City
of Cedartown to its intersection with the westerly right of
way line of the Esom Hill Road; running thence generally
in a northeastern direction along the westerly right of way
line of the Esom Hill Road to the intersection of said right
of way line with the westerly right of way line of Edna Street;
running thence northerly along the westerly right of way
line of Edna Street to the intersection of said right of way
line as extended across Ellawood Avenue with the north
right of way line of Ellawood Avenue; running thence east
along the north right of way line of Ellawood Avenue to
its intersection with the westerly right of way line of South
Main Street; running thence northerly along the westerly
right of way line of South Main Street to its intersection
with the north right of way line of East Ware Street as
extended across South Main Street; running thence east
along the north right of way line of East Ware Street to
its intersection with the northwesterly right of way line of
4990 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
the Central of Georgia Railroad; running thence in a gener-
ally northeastern direction along the northwesterly right
of way line of the Central of Georgia Railroad to the intersec-
tion of said right of way line with the west right of way
line of Park Street; running thence north along the westerly
right of way line of Park Street to the intersection of said
right of way line with the south right of way line of East
Avenue; running thence west along the south right of way
line of East Avenue to the intersection of said right of way
line as extended across U. S. Highway 27 with the westerly
right of way line of U. S. Highway 27; running thence north
along the westerly right of way line of U.S. Highway 27 to
the intersection with the south right of way line of West
Girard Avenue; running thence west along the south right
of way line of West Girard Avenue to the intersection of
said right of way line with the city limits line of the City
of Cedartown; thence running in a southerly, westerly,
northerly, westerly and southerly direction along the city
limits of the City of Cedartown to the intersection of said
line with the southerly right of way line of the Prior Station
Road; running thence westerly along the southerly right
of way line of the Prior Station Road to the intersection of
said right of way line with the line dividing Polk County,
Georgia, and the State of Alabama; running thence south
along the line dividing Polk County, Georgia, and the State
of Alabama to the intersection of said dividing line with
the north right of way line of U.S. Highway 278 which is
the point of BEGINNING.
EDUCATION DISTRICT 4:
All that tract or parcel of land lying and being in Polk
County, Georgia and partially within the corporate limits
of the City of Cedartown and being more particularly de-
scribed as follows:
BEGINNING at the intersection of the -north right of
way line of the Prior Station Road with the west line of
Polk County, Georgia, same being the dividing line between
Polk County, Georgia and the State of Alabama; running
thence in an easterly direction along the north right of way
line of Prior Station Road to its intersection with the west-
erly city limits line of the City of Cedartown; running thence
GEORGIA LAWS 1985 SESSION
4991
northerly and easterly along said city limits line of the City
of Cedartown and following said city limits line to its inter-
section with the north right of way line of West Girard Ave-
nue; running thence easterly along the northerly right of
way line of West Girard Avenue to the intersection of the
extended right of way line of West Girard Avenue with the
easterly right of way line of U. S. Highway 27; running
thence southerly along the easterly right of way line of U. S.
Highway 27 to the intersection of said right of way line
with the northerly right of way line of East Avenue; running
thence in an easterly direction along the northerly right
of way line of East Avenue to the intersection of said right
of way line with the easterly corporate limits of the City
of Cedartown; running thence in a northerly, westerly,
southerly and westerly direction and following the city limits
line of the City of Cedartown to the intersection of the city
limits line with the southwesterly right of way line of Cave
Spring Road; running thence northwesterly along the south-
westerly right of way line of the Cave Spring Road to the
intersection of said right of way line with the boundary line
dividing Polk County, Georgia and Floyd County, Georgia;
running thence west along the boundary line dividing Polk
County, Georgia and Floyd County, Georgia to the intersec-
tion of said dividing line with the dividing line between Polk
County, Georgia and the State of Alabama; running thence
southerly along the dividing line between Polk County, Geor-
gia and the State of Alabama to the intersection of said
dividing line with the northerly right of way line of the
Prior Station Road which is the point of BEGINNING.
EDUCATION DISTRICT 5:
All that tract or parcel of land lying and being in Polk
County, Georgia and being more particularly described as
follows:
BEGINNING at the intersection of the easterly right
of way line of the Cave Spring Road with the dividing line
between Polk County, Georgia and Floyd County, Georgia;
running thence in a southeasterly direction along the east-
erly and northerly right of way line of the Cave Spring Road
to its intersection with the northerly city limits line of the
City of Cedartown; running thence in an easterly, northerly,
4992 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
easterly, southerly, westerly, southerly, easterly and south-
erly direction along the city limits line of the City of Cedar-
town to the intersection of said line with the northerly right
of way line of the Seaboard Railroad; running thence gener-
ally in an easterly direction along the northerly right of
way line of Seaboard Railroad to the intersection of said
right of way line with the northerly right of way line of
Wimberly Hill Loop Road; running thence in a southeasterly
direction following the meanderings of the northerly right
of way line of Wimberly Hill Loop Road to its intersection
with the southern right of way line of U. S. Highway 278;
running thence westerly along the southerly right of way
line of U. S. Highway 278 to the intersection of said right
of way line with the extended westerly right of way line
of the Pine Pitch Road; running thence in a northerly direc-
tion along the westerly right of way line of the Pine Pitch
Road to the intersection of said right of way line with the
northerly right of way line of the Collard Valley Road; run-
ning thence in a northeasterly direction along the northerly
right of way line of the Collard Valley Road to the intersec-
tion of said right of way line with the westerly right of way
line of the Hugh Deems Road; running thence northerly
along the westerly right of way line of the Hugh Deems
Road to the intersection of said right of way line as extended
with the westerly right of way line of Fish Creek Road; run-
ning thence in a northerly direction along the westerly right
of way line of Fish Creek Road to the intersection of said
right of way line with the line dividing Polk County, Georgia
and Floyd County, Georgia; running thence in a westerly,
northerly, westerly, northerly, westerly, southerly and west-
erly direction along the boundary line dividing Polk County,
Georgia and Floyd County, Georgia to the intersection of
said line with the easterly right of way line of the Cave
Spring Road which is the point of BEGINNING.
EDUCATION DISTRICT 6:
All that tract or parcel of land lying and being in Polk
County, Georgia, being more particularly described as fol-
lows:
BEGINNING at the intersection of the easterly right
of way line of Fish Creek Road with the northern boundary
GEORGIA LAWS 1985 SESSION
4993
line of Polk County the same being the dividing line between
Polk County, Georgia, and Floyd County, Georgia; thence
in a southerly direction along the easterly right of way line
of Fish Creek Road to the intersection of said right of way
line with the northerly right of way line of Hugh Deems
Road; running thence in an easterly and southerly direction
along the northerly and easterly right of way line of Hugh
Deems Road as extended across Collard Valley Road to a
point where said extended right of way line intersects the
easterly right of way line of the Collard Valley Road; running
thence in a generally southerly and southwesterly direction
along the easterly right of way line of Collard Valley Road
to the intersection of said right of way line with the northerly
right of way line of Cash Town Road; running thence in a
generally easterly and northeasterly direction along the
northerly right of way line of Cash Town Road across Terry
White Road to the intersection of said right of way line with
the easterly right of way line of Terry White Road; running
thence in a generally southerly direction along the easterly
right of way line of Terry White Road and continuing in a
southerly and southwesterly direction as said right of way
line becomes known as Sheep Leg Road as same becomes
County Road 294 to the intersection of the southerly right
of way line of said road with the northerly right of way
line of Bellview Road; running thence in a generally easterly
and southeasterly direction along the northerly right of way
line of Bellview Road across Prospect Road to the intersec-
tion of said extended right of way line with the easterly
right of way line of Prospect Road; running thence in a south-
erly direction along the easterly right of way line of Prospect
Road to the intersection of said right of way line with the
northerly city limits line of the City of Rockmart; running
thence in a generally southeasterly direction along the city
limits line of the City of Rockmart to the intersection of
said city limits line with the northerly rights of way line
of Nathan Dean By-Pass; running thence in an easterly direc-
tion along the northerly right of way line of Nathan Dean
By-Pass to the intersection of said right of way line with
the westerly right of way line of State Highway 101; running
thence in a northerly direction along the westerly right of
way line of State Highway 101 to the intersection of said
right of way line with the northerly right of way line of
Marquette Road as same is extended across State Highway
4994 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
101; running thence in a generally northeasterly and east-
erly direction along the northerly right of way line of Mar-
quette Road to the intersection of said right of way line
with the westerly right of way line of Georgia Highway 113;
running thence in a northerly direction along the westerly
right of way line of Georgia Highway 113 to the intersection
of said right of way line with the northerly right of way
line of Knox Mountain Road as same is extended across
Georgia Highway 113; thence in an easterly, southerly and
easterly direction, following the meanderings of the north-
erly, easterly and northerly right of way of Knox Mountain
Road as it becomes Braswell Road to the intersection of said
right of way line with the western boundary line of Braswell
city limits; running thence in a northerly direction, easterly
direction and southerly direction, following the city limits
boundary lines of Braswell city limits, to the intersection
of said line with the eastern boundary line of Polk County,
Georgia, same being the dividing line between Polk County,
Georgia and Paulding County, Georgia; running thence in
a northeasterly direction along the dividing line between
Polk County, Georgia and Paulding County, Georgia to the
intersection of said line with that certain line dividing Polk
County, Georgia and Bartow County, Georgia; running
thence in a westerly, southerly, westerly, northerly, westerly
and northerly direction following the dividing line between
Polk County, Georgia and Bartow County, Georgia, to the
intersection of said dividing line with that certain line divid-
ing Polk County, Georgia and Floyd County, Georgia; run-
ning thence in a westerly, southerly and westerly direction
following the dividing line between Polk County, Georgia
and Floyd County, Georgia to the intersection of said dividing
line with the easterly right of way line of Fish Creek Road
and the point of BEGINNING.
EDUCATION DISTRICT 7:
All that tract or parcel of land lying and being in Polk
County, Georgia, and partially within the corporate limits
of the City of Rockmart, and being more particularly de-
scribed as follows:
BEGINNING at the intersection of the westerly right
of way line of Braswell Road with the northwesterly right
GEORGIA LAWS 1985 SESSION
4995
of way line of Coots Lake Road; running thence in a generally
northerly and westerly direction following the meanderings
of the westerly and southerly right of way line of Braswell
Road to the intersection of said right of way line with the
easterly right of way of State Route 113; running thence
in a southerly direction along the easterly right of way line
of State Route 113 to a point where said right of way line
would intersect the extended southerly right of way line
of Marquette Road; running thence in a generally westerly
direction following the meanderings of the southerly right
of way line of Marquette Road to the intersection of said
right of way line with the easterly right of way line of State
Route 101; running thence in a southerly direction along
the easterly right of way line of State Route 101 to the inter-
section of said right of way line as same extends across Na-
than Dean By-Pass; running thence in a westerly direction
along the southerly right of way line of Nathan Dean By-
Pass to the intersection of said right of way line with the
easterly right of way line of Seaboard Coastline Railroad;
running thence in a southerly direction along the easterly
right of way line of Seaboard Coastline Railroad to the inter-
section of said right of way line with the northerly right
of way line of State Highway 6; running thence in an easterly
and southerly direction following the northerly and easterly
right of way line of State Highway 6 to the intersection of
said right of way line with the city limits line of Van Wert;
running thence in an easterly and southerly direction follow-
ing the perimeter of the boundary line of the city limits of
Van Wert to the intersection of said city limits line with
the easterly right of way line of U.S. Highway 278; running
thence in a southeasterly and northeasterly direction follow-
ing the meanderings of the northerly right of way line of
U.S. Highway 278 to the intersection of said right of way
line with the westerly right of way line of Coots Lake Road;
and running thence in a generally northerly and northeast-
erly direction along the westerly right of way line of Coots
Lake Road to the intersection of said right of way line with
the westerly right of way line of Braswell Road and the
point of BEGINNING.
EDUCATION DISTRICT 8:
All that tract or parcel of land lying and being in Polk
County, Georgia, and partially within the corporate limits
4996 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
of the City of Rockmart, and being more particularly de-
scribed as follows:
BEGINNING at a point on the dividing line between
Polk County, Georgia and Haralson County, Georgia where
said dividing line is intersected by the easterly right of way
line of Hightower Road; running thence in a generally north-
erly and northeasterly direction following the meanderings
of the easterly right of way line of Hightower Road to the
intersection of said right of way line with the southerly right
of way line of Morgan Valley Road; running thence in a
generally northeasterly direction following the meanderings
of the southeasterly right of way line of Morgan Valley Road
to the point where said right of way would intersect the
extended northeasterly right of way line of Old Cedartown
Road; running thence in a northerly and westerly direction
across Morgan Valley Road and along the northerly right
of way line of Old Cedartown Road to the intersection of
said right of way line with the easterly right of way line
of Clark Wood Road; running thence in a northerly direction
along the easterly right of way line of Clark Wood Road
and across U.S. Highway 278 to the intersection of said ex-
tended right of way line with the northerly right of way
line of U.S. Highway 278; running thence in a westerly direc-
tion along the northerly right of way line of U.S. Highway
278 to the intersection of said right of way line with the
easterly right of way line of McCowan Road; running thence
in a northerly direction along the easterly right of way line
of McCowan Road to the intersection of said right of way
line with the southerly right of way line of Bellview Road;
running thence in an easterly direction along the southerly
right of way line of Bellview Road to the intersection of
said right of way line with the westerly right of way line
of Prospect Road; running thence in a southerly direction
along the westerly right of way line of Prospect Road to
the point where said right of way line intersects the northern
city limits line of the City of Rockmart; running thence in
a generally easterly, southeasterly and southerly direction
following the meanderings of the city limits line of the City
of Rockmart to the intersection of said city limits line as
extended with the southerly right of way line of Nathan
Dean By-Pass; running thence in an easterly direction along
the southerly right of way line of Nathan Dean By-Pass to
GEORGIA LAWS 1985 SESSION
4997
its intersection with the westerly right of way line of Sea-
board Coastline Railroad; running thence in a southerly di-
rection along the westerly right of way line of Seaboard
Coastline Railroad to the intersection of said right of way
line with the southerly right of way line of State Highway
6; running thence in an easterly and southerly direction
along the southerly and westerly right of way line of State
Highway 6 to the intersection of said right of way line with
the northerly boundary line of Van Wert, Georgia; running
thence in a generally southerly and southwesterly direction
following the city limits line of the City of Van Wert to
the intersection of said city limits line with the southerly
right of way line of U.S. Highway 278; running thence in
a southerly and easterly direction along the westerly and
southerly right of way line of U.S. Highway 278 to a point
where said right of way line would intersect the extended
easterly right of way line of Coots Lake Road; running thence
in a northerly and northeasterly direction along the easterly
right of way line of Coots Lake Road to the intersection of
said right of way line with the southerly right of way line
of Braswell Road; and running thence in an easterly direc-
tion along the southerly right of way line of Braswell Road
to the point where said right of way line intersects the west-
ern city limits line of the City of Braswell; running thence
in a northerly, easterly and southerly direction following
the city limits line of the City of Braswell to the point where
said city limits line intersects the dividing line between Polk
County, Georgia and Paulding County, Georgia; running
thence in a southerly, westerly and southerly direction fol-
lowing the dividing line between Polk County, Georgia and
Paulding County, Georgia to the point where said dividing
line intersects the dividing line between Polk County, Geor-
gia and Haralson County, Georgia; running thence in a west-
erly direction along the dividing line between Polk County,
Georgia and Haralson County, Georgia to the intersection
of said dividing line with the easterly right of way line of
Hightower Road and the point of BEGINNING.
EDUCATION DISTRICT 9:
All that tract or parcel of land lying and being in Polk
County, Georgia and being more particularly described as
follows:
4998 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
BEGINNING at a point on the line dividing Polk County,
Georgia and Haralson County, Georgia, where said dividing
line is intersected by the southeasterly right of way of Dug-
down Road; running thence in an easterly and northeasterly
direction along the easterly right of way line of Dugdown
Road to the intersection of said right of way line with the
extended easterly right of way line of Cobb Mountain Road;
running thence in a generally northerly and northeasterly
direction following the meanderings of the easterly right
of way line of Cobb Mountain Road to a point where the
extended right of way line of Cobb Mountain Road would
intersect the northerly right of way line of Antioch Road;
running thence in a northerly and northwesterly direction
along the northerly right of way line of Antioch Road to
the point of where said right of way line is intersected by
the easterly right of way line of Wooten Road; running
thence in a generally northerly and northwesterly direction
following the meanderings of the easterly right of way line
of Wooten Road as it becomes Lees Chapel Road to the inter-
section of said right of way line with the easterly right of
way line of East Point Road; running thence in a generally
northerly direction following the meanderings of the east-
erly right of way line of East Point Road to the intersection
of said right of way line with the southerly right of way
line of Coaling Road; running thence in a generally easterly
direction following the southerly right of way line of Coaling
Road to the point where said right of way line would intersect
the extended easterly right of way line of Hunt Road; run-
ning thence in a generally northerly and northeasterly direc-
tion along the easterly right of way line of Hunt Road and
as said road becomes Hutto Road to the intersection of said
right of way line with the southerly right of way line of
Seaboard Coastline Railroad; running thence in an easterly,
northerly and easterly direction following the meanderings
of the southerly right of way line of Seaboard Coastline Rail-
road to the intersection of said right of way line with the
southerly right of way line of the Wimberly Hill Loop Road;
running thence in a general southeasterly direction follow-
ing the meanderings of the southerly right of way line of
the Wimberly Hill Loop Road to a point where the extended
right of way line of the southerly right of way line of the
Wimberly Hill Loop Road intersects with the northerly right
of way line of U.S. Highway 278; running thence in a west-
GEORGIA LAWS 1985 SESSION
4999
erly direction along the northerly right of way line of U.S.
Highway 278 to the intersection of the easterly right of way
line of Pine Pitch Road; running thence in a northerly direc-
tion along the easterly right of way line of Pine Pitch Road
to the intersection of said right of way line with the southerly
right of way line of Collard Valley Road; running thence
in a northeasterly, easterly and northeasterly direction fol-
lowing the meanderings of the southerly right of way line
of Collard Valley Road to the intersection of said right of
way line with the southerly right of way line of Cash Town
Road; running thence in a generally easterly and northeast-
erly direction following the meanderings of the southerly
right of way line of Cash Town Road to the intersection of
said right of way line with the westerly right of way line
of Terry White Road; running thence in a southerly, south-
easterly, and southwesterly direction along the westerly
right of way line of Terry White Road and along said right
of way line as it becomes known as Sheep Leg Road as it
becomes County Road 294 to the point where said right of
way line as extended intersects the southerly right of way
line of Bellview Road; running thence in a generally easterly
direction along the southerly right of way line of Bellview
Road to the intersection of said right of way line with the
westerly right of way line of McCowan Road; running thence
in a southerly direction along the westerly right of way line
of McCowan Road to the point where the extended westerly
right of way line of McCowan Road would intersect the south-
erly right of way line of U.S. Highway 278; running thence
in an easterly direction along the southerly right of way
line of U.S. Highway 278 to the intersection of said right
of way line with the westerly right of way line of Clark
Wood Road; running thence in a southerly direction along
the westerly right of way line of Clark Wood Road to a point
located on the southerly right of way line of Old Cedartown
Road where said right of way line would be intersected by
the extended westerly right of way line of Clark Wood Road;
running thence in a generally easterly and southeasterly
direction along the southerly right of way line of Old Cedar-
town Road to the intersection of said right of way line with
the northwesterly right of way line of Morgan Valley Road;
running thence in a generally southerly and southwesterly
direction following the meanderings of the northwesterly
right of way line of Morgan Valley Road to a point where
5000 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
said right of way line would be intersected by the extended
westerly right of way line of Hightower Road; and running
thence in a generally southerly and southwesterly direction
following the meanderings of the westerly right of way line
of Hightower Road to a point where said right of way line
intersects the dividing line between Polk County, Georgia,
and Haralson County, Georgia; running thence in a westerly
direction along the line dividing Polk County, Georgia, and
Haralson County, Georgia, to the intersection of said divid-
ing line with the southwesterly right of way line of the Dug-
down Road and the point of BEGINNING.
Section 2. There shall be one member of the board elected
from each education district. A person may not offer as a candi-
date for election to the board from any education district other
than the education district in which he or she is a legal resident.
The board member representing each education district shall
be elected by a majority vote of the registered voters of that
district casting ballots in an election. In the event a member
moves his or her residence from the education district which
the member represents, a vacancy shall be created.
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 such
person qualifies as a candidate.
Section 4. (a) The four members of the board of education
of Polk County who were elected at the general election of 1984
shall continue to serve until December 31,1988. Effective Janu-
ary 1,1987, John Harvey Moore shall be the member represent-
ing Education District 4, Jerry Baldwin shall be the member
representing Education District 9, Wayne Shaw shall be the
member representing Education District 5, and John Atha shall
be the member representing Education District 8. The successors
to such members shall be elected at the 1988 general election
and shall take office on January 1, 1989, for terms of four years
and until their successors are elected and qualified. Future suc-
cessors shall be elected at the general election immediately pre-
ceding the expiration of terms of office and shall take office
GEORGIA LAWS 1985 SESSION
5001
on the first day of January immediately following their election
for terms of four years and until their successors are elected
and qualified.
(b) The first members of the board of education provided
for by this Act from Education Districts 1, 2, 3, 6, and 7 shall
be elected at the general election of 1986. The members elected
at such election shall take office on the first day of January,
1987, for terms of four years and until their successors are
elected and qualified. Thereafter, successors shall be elected at
the general election immediately preceding the expiration of
terms of office and shall take office on the first day of January
immediately following their election for terms of four years and
until their successors are elected and qualified.
Section 5. On and after January 1,1987, the county school
superintendent of Polk County shall be appointed by majority
vote of the board of education of Polk County to serve at the
pleasure of the board or for such definite term of office, not
exceeding four years, as may be established or granted by the
board. The person presently serving as the county school super-
intendent shall continue to serve until December 31, 1986. Any
vacancy occurring in the office of school superintendent shall
be filled within 90 days by the board of education appointing,
by majority vote, a person to fill the unexpired term and until
a successor is appointed and qualified. All constitutional and
statutory provisions relative to county school superintendents
shall be applicable to the county school superintendent ap-
pointed by the board of education of Polk County.
Section 6. After this Act is approved by the Governor or
becomes law without his approval, it shall be the duty of the
election superintendent of Polk County to issue the call for an
election for the purpose of submitting this Act to the electors
of the Polk 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 Polk County. The ballot shall have written or printed
thereon the words:
5002 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
"( ) YES Shall the Act providing for a new
elected board of education for Polk
( ) NO County and appointed school super-
intendent 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 Polk 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. If this Act is approved at the referendum pro-
vided for by Section 6, the provisions of this Act necessary for
the election in 1986 of the members of the board of education
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, 1987.
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
1985 regular session of the General Assembly of Georgia a bill
to create a new Board of Education of Polk County; to provide
for the election of the members of the Board; to provide for
an appointed School Superintendent; to provide for other mat-
ters relative to the Board and Superintendent; to provide for
a referendum; to repeal conflicting laws; and for other purposes.
Gary D. Holmes
Superintendent
Polk School District
Board of Education
GEORGIA LAWS 1985 SESSION
5003
Publishers Affidavit.
Georgia, Polk County.
Personally appeared before me the undersigned notary pub-
lic, Joseph D. Williams, who after being duly sworn states under
oath that he is the publisher of the Cedartown Standard, the
official legal newspaper of Polk County, Georgia and a newspa-
per of general circulation published in the City of Cedartown,
Georgia. He further states under oath that the advertisement
attached hereto and made a part of this affidavit appeared in
the Cedartown Standard on Thursday, February 21, 1985.
Further this deponent saith not. This the 21st day of
February, 1985.
/s/ Joseph D. Williams
Sworn to and subscribed before me,
this 21st day of February, 1985.
/s/ Beth Erwin
Notary Public.
(Seal).
Approved March 28, 1985.
RICHMOND COUNTY CLERK OF THE SUPERIOR
COURT; JUDGE OF THE PROBATE COURT; TAX
COMMISSIONER; CORONER; CIVIL COURT JUDGES;
SHERIFF; COMPENSATION.
No. 510 (House Bill No. 1035).
AN ACT
To amend an Act establishing the compensation of certain
officials in Richmond County, approved April 12, 1982 (Ga. L.
5004 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
1982, p. 3941), as amended, particularly by an Act approved
March 21,1984 (Ga. L. 1984, p. 4642), so as to change the compen-
sation 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, particularly by an Act approved
March 21, 1984 (Ga. L. 1984, p. 4642), 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................. $ 30,576.00
(2) Judge of the probate court....... 34,971.00
(3) Tax commissioner.................... 39,100.00
(4) Judge of the state court............ 48,360.00
(5) Solicitor of the state court........ 20,574.00
(6) Coroner............................. 18,781.00
(7) Judge of the civil court............ 38,067.00
(8) Associate judge of the
civil court....................... 36,347.00
(9) Chairman of the board
of commissioners..................... 9,396.00
(10) Member of the board
of commissioners..................... 6,996.00
(11) District attorney..........1..... 8,694.00
GEORGIA LAWS 1985 SESSION
5005
(12) Judge of the superior court....... 11,781.00
(13) Sheriff........................... 29,925.00
(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 1985 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 Rich-
mond County, Georgia; to prohibit certain practices by certain
officials; to provide an effective date; to repeal conflicting laws;
and for other purposes.
This 2nd day of January, 1985.
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 4, 1985.
/s/ Charles W. Walker
Representative,
85th District
5006 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 25th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 28, 1985.
DeKALB COUNTY PAYMENT FOR PERSONAL
PROPERTY DAMAGED BY COUNTY EMPLOYEES; LOCAL
CONSTITUTIONAL AMENDMENT CONTINUED.
No. 511 (House Bill No. 1036).
AN ACT
To continue in force and effect as a part of the Constitution
of the State of Georgia that constitutional amendment No. 53
(Res. Act 189, H.R. 808-2034, Ga. L. 1976, p. 1825), duly ratified
at the 1976 general election, which amendment authorized the
Board of Commissioners of DeKalb County to pass ordinances,
resolutions, rules, and regulations permitting payment not in
excess of $200.00 to owners of personal property injured, dam-
aged, or destroyed by employees of DeKalb County who injured,
damaged, or destroyed same within the scope of their employ-
ment; to provide the authority for this Act; to repeal conflicting
laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. That constitutional amendment No. 53 (Res.
Act 189, H.R. 808-2034, Ga. L. 1976, p. 1825), duly ratified at
the 1976 general election, which amendment authorized the
Board of Commissioners of DeKalb County to pass ordinances,
GEORGIA LAWS 1985 SESSION
5007
resolutions, rules, and regulations permitting payment not in
excess of $200.00 to owners of personal property injured, dam-
aged, or destroyed by employees of DeKalb County who injured,
damaged, or destroyed same within the scope of their employ-
ment shall not be repealed or deleted on July 1, 1987, as a
part of the Constitution of the State of Georgia but is specifically
continued in force and effect on and after that date as a part
of the Constitution of the State of Georgia.
Section 2. This Act is passed pursuant to Article XI, Sec-
tion I, Paragraph IV of the Constitution of the State of Georgia
which authorizes the continuation of certain amendments to
the Constitution.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Notice of Intention to Apply for Local Legislation.
Notice is hereby given of intention to apply for local legisla-
tion to continue in force and effect as a part of the Constitution
of the State of Georgia that constitutional amendment relating
to DeKalb County Board of Commissioners Authorized to Pay
Personal Property Claims for Property Damaged by County Em-
ployees, which was proposed by resolution act 189 of the 1976
General Assembly and was duly ratified at the 1976 General
Election "Ga. L. 1976, p. 1825.
Manuel J. Maloof
Chief Executive Officer
DeKalb County
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Tom Lawrence, who, on
oath, deposes and says that he is Representative from the 49th
District, and that the attached copy of Notice of Intention to
Introduce Local Legislation was published in the Decatur-De-
Kalb NewsEra which is the official organ of DeKalb County,
on the following date: January 10, 1985.
/s/ Tom Lawrence
Representative,
49th District
5008 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 4th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 28, 1985.
TAYLOR COUNTY BOARD OF COMMISSIONERS;
DISTRICTS; ELECTIONS.
No. 512 (House Bill No. 1045).
AN ACT
To amend an Act providing for the board of commissioners
of Taylor County, approved March 1, 1933 (Ga. L. 1933, p. 672),
as amended, so as to provide for reapportionment of commis-
sioner districts; to change the manner of electing members; to
provide for terms; to repeal conflicting laws; and for other pur-
poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act providing for the board of commissioners
of Taylor County, approved March 1, 1933 (Ga. L. 1933, p. 672),
as amended, is amended by striking Section 1 in its entirety
and inserting in lieu thereof a new Section 1 to read as follows:
"Section 1. The board of commissioners of Taylor
County shall be composed of five members who shall be
elected from five commissioner districts as follows:
GEORGIA LAWS 1985 SESSION
5009
COMMISSIONER DISTRICT NO. 1
Commencing at the point where the centerline of County
Road No. 138 intersects with the centerline of Georgia State
Highway No. 137 and running thence in a westerly direction
along the centerline of Georgia State Highway No. 137 to
the point where the centerline of said highway intersects
with the City Limits of the City of Butler at a point located
on the northeast side of the City of Butler; thence in a north-
erly and westerly direction following the City Limits of the
City of Butler to the point where said City Limits intersects
with the centerline of Georgia State Highway No. 96 on
the west side of the City of Butler; thence in a westerly
direction following the centerline of Georgia State Highway
No. 96 to the point where the centerline of County Road
No. 64 intersects with the centerline of Georgia State High-
way No. 96; thence in a southerly direction along the center-
line of County Road No. 64 to the point where the centerline
of County Road No. 64 intersects with the centerline of Geor-
gia State Highway No. 137; thence in an easterly direction
following the centerline of Georgia State Highway No. 137
to the point where the centerline of Georgia State Highway
No. 137 intersects with the City Limits of the City of Butler
on the west side of the City of Butler; thence in a southerly
and easterly direction following the City Limits of the City
of Butler to the point where said City Limits intersects with
the centerline of U.S. Highway 19 on the south side of the
City of Butler; thence north along the centerline of U.S.
Highway 19 to the point where the centerline of Plantation
Drive intersects with the centerline of U.S. Highway 19;
thence west following the centerline of Plantation Drive to
the point of intersection of the centerline of Plantation Drive
and Hillside Drive; thence north along the centerline of Hill-
side Drive to the point of intersection of the centerline of
Hillside Drive and the centerline of Clover Lane; thence
west along the centerline of Clover Lane to the point of
intersection of the centerline of Clover Lane and the center-
line of Tower Street; thence north along the centerline of
Tower Street to the point of intersection of the centerline
of Tower Street and the centerline of Cedar Street; then
west along the centerline of Cedar Street to the point of
intersection with the centerline of Florence Street; thence
north and west along the centerline of Florence Street to
5010 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
the point of intersection with the centerline of Charing Road;
thence continuing north across Charing Road and along the
centerline of Suncrest Drive to the point of intersection of
the centerline of Suncrest Drive and the centerline of How-
ard Road; thence west along the centerline of Howard Road
to the point of intersection with the centerline of Howard
Road and the centerline of Brentwood Drive; thence north
along the centerline of Brentwood Drive to the point of inter-
section of the centerline of Brentwood Drive and the center-
line of Columbus Road; thence east along the centerline of
Columbus Road to the point of intersection with the center-
line of West Main Street; thence continuing east along the
centerline of West Main Street to the point of intersection
with the centerline of West Main Street and the centerline
of Poplar Street; thence north along the centerline of Poplar
Street to the point of intersection with the Central of Georgia
Railroad; thence east along the Central of Georgia Railroad
to the point of intersection with Industrial Road; thence fol-
lowing the centerline of Industrial Road to the point of inter-
section of the centerline of Industrial Road and the center-
line of Hillcrest Circle; thence in a northeasterly direction
and then in a southerly direction following the centerline
of Hillcrest Circle to the point of intersection of the center-
line of Hillcrest Circle and the centerline of Railroad Street;
thence in an easterly direction along the centerline of Rail-
road Street to the point where the centerline of Railroad
Street intersects with the City Limits of the City of Butler
on the east side of Butler; thence in a southwesterly direction
along the City Limits of the City of Butler to the point where
said City Limits intersects with the centerline of County
Road No. 247; thence in a southeasterly direction along the
centerline of County Road No. 247 to the point where the
centerline of County Road No. 247 intersects with the center-
line of County Road No. 251; thence in an easterly direction
along the centerline of County Road No. 251 to the point
where the centerline of County Road 251 intersects with
the centerline of County Road No. 166; thence in a northerly
direction along the centerline of County Road No. 166 to
the point where the centerline of County Road No. 166 inter-
sects with the centerline of County Road No. 151; thence
north along the centerline of County Road No. 151 to the
point where the centerline of County Road No. 151 intersects
with the centerline of Georgia State Highway No. 96; thence
GEORGIA LAWS 1985 SESSION
5011
west along the centerline of Georgia State Highway No. 96
to the intersection of the centerline of Georgia State High-
way No. 96 and the centerline of County Road No. 139;
thence north along the centerline of County Road No. 139
to the intersection of the centerline of County Road No. 139
and the centerline of County Road No. 141; thence east along
the centerline of County Road No. 141 to the intersection
of the centerline of County Road No. 141 and the centerline
of County Road No. 139; thence north along the centerline
of County Road No. 139 to the point where the centerline
of County Road No. 139 intersects with the centerline of
County Road No. 138; thence west along the centerline of
County Road No. 138 to the point of beginning.
COMMISSIONER DISTRICT NO. 2
Commencing at the point where the Central of Georgia
Railroad intersects with the Flint River on the east side of
Taylor County and running thence west along the Central
of Georgia Railroad to the intersection of the Central of
Georgia Railroad with the west City Limits of the City of
Reynolds; thence north along the west City Limits of the
City of Reynolds to the northwest corner of the City Limits
of the City of Reynolds; thence east along the north City
Limits of the City of Reynolds to the intersection of the
north City Limits of Reynolds with the centerline of Georgia
State Highway No. 128; thence north along the centerline
of Georgia State Highway No. 128 to the intersection of the
centerline of Georgia State Highway No. 128 and the center-
line of Georgia State Highway No. 263; thence west along
the centerline of Georgia State Highway No. 263 to the inter-
section of the centerline of Georgia State Highway No. 263
and the centerline of County Road No. 128; thence west along
the centerline of County Road No. 128 to the intersection
of the centerline of County Road No. 128 with Patsiliga Creek
thence north along Patsiliga Creek to the intersection of
the centerline of Patsiliga Creek and County Road No. 124;
thence west along the centerline of County Road No. 124
to the intersection of the centerline of County Road No. 124
and the centerline of Georgia State Highway No. 137; thence
south along the centerline of Georgia State Highway No.
137 to the intersection of the centerline of Georgia State
Highway No. 137 and the centerline of County Road No.
5012 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
117; thence west and north along the centerline of County
Road No. 117 to the intersection of the centerline of County
Road No. 117 and the centerline of County Road No. 254;
thence west along the centerline of County Road No. 254
to the intersection of the centerline of County Road No. 254
and the centerline of County Road No. 116; thence west along
the centerline of County Road No. 116 to the intersection
of the centerline of County Road No. 116 and the centerline
of U.S. Highway 19; thence north along the centerline of
U.S. Highway 19 to the intersection of the centerline of U.S.
Highway 19 and Patsiliga Creek; thence northeast along
the centerline of Patsiliga Creek to the intersection of the
centerline of Patsiliga Creek and the centerline of Timms
Creek; thence north and west along the centerline of Timms
Creek to the intersection of the centerline of Timms Creek
and the centerline of the Georgia Power Transmission line
that runs in a north - south direction; thence north along
the centerline of said transmission line to the intersection
of said transmission line and the centerline of Georgia State
Highway No. 208; thence northeast along the centerline of
County Road No. 99, which County Road exits from Georgia
State Highway No. 208 immediately east of the last men-
tioned intersection, to the intersection of the centerline of
County Road No. 99 and the centerline of County Road No.
101; thence west along the centerline of County Road No.
101 to the intersection with the Talbot and Taylor County
Line located in the northwest portion of Taylor County, Geor-
gia; thence north and east following the Talbot - Taylor
County Line to the intersection of the Flint River; thence
following the centerline of the Flint River in a south and
east direction to the point of beginning.
COMMISSIONER DISTRICT NO. 3
Commencing at the intersection of the centerline of Geor-
gia State Highway No. 127 and the Macon and Taylor County
Line in the southeast portion of Taylor County, Georgia,
and running thence north and west along the centerline
of Georgia State Highway No. 127 to the intersection of the
centerline of Georgia State Highway No. 127 and the center-
line of Whitewater Creek; thence north and west along the
centerline of Whitewater Creek and at the fork of Whitewa-
ter Creek following the centerline of Big Whitewater Creek
GEORGIA LAWS 1985 SESSION
5013
to the intersection of the centerline of Big Whitewater Creek
and the centerline of Georgia State Highway No. 137; thence
east along the centerline of Georgia State Highway No. 137
to the intersection of the centerline of Georgia State High-
way No. 137 and the centerline County Road No. 64; thence
north along the centerline of County Road No. 64 to the
intersection of the centerline of County Road No. 64 and
the centerline of Georgia State Highway No. 96; thence east
along the centerline of Georgia State Highway No. 96 to
the intersection of the centerline of Georgia State Highway
No. 96 and the City Limits of the City of Butler; thence in
an east and north direction along the City Limits of the
City of Butler to the intersection of the City Limits and
the centerline of Georgia State Highway No. 137; thence
north and east along the centerline of Georgia State High-
way No. 137 to the intersection of the centerline of Georgia
State Highway No. 137 and the centerline of County Road
No. 114; thence north and west along the centerline of
County Road No. 114 to the intersection of the centerline
of County Road No. 114 and the centerline of County Road
No. 254; thence west along the centerline of County Road
No. 254 to the intersection of the centerline of County Road
No. 254 and the centerline of U.S. Highway 19; thence north
along the centerline of U.S. Highway 19 to the intersection
of the centerline of U.S. Highway 19 and Patsiliga Creek;
thence northeast along the centerline of Patsiliga Creek to
the intersection of the centerline of Patsiliga Creek and the
centerline of Timms Creek; thence north and west along
the centerline of Timms Creek to the intersection of the
centerline of Timms Creek and the centerline of the Georgia
Power Transmission line that runs in a north - south direc-
tion; thence north along the centerline of said transmission
line to the intersection of said transmission line and the
centerline of Georgia State Highway No. 208; thence north-
east along the centerline of County Road No. 99, which
County Road exits from Georgia State Highway No. 208 im-
mediately east of the last mentioned intersection, to the in-
tersection of the centerline of County Road No. 99 and the
centerline of County Road No. 101; thence west along the
centerline of County Road No. 101 to the intersection with
the Talbot - Taylor County Line; thence south and west along
the Talbot - Taylor County Line to the Marion - Taylor
County Line; thence continuing south along the Marion and
5014 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Taylor County Line to the intersection with the Schley and
Taylor County Line; thence south and east along the Taylor
and Schley County Line to the intersection with the Taylor
and Macon County Line; thence east and north along the
Taylor and Macon County Line to the point of beginning.
COMMISSIONER DISTRICT NO. 4
Commencing at the point where the centerline of Georgia
State Highway No. 127 intersects with the Taylor - Macon
County Line, which point is located in the southeast portion
of Taylor County, Georgia, and running thence in a north
and west direction along the centerline of Georgia State
Highway No. 127 to the point where the centerline of Georgia
State Highway No. 127 intersects with Whitewater Creek;
thence north and west along the centerline of Whitewater
Creek and at the point where Whitewater Creek forks and
one prong is known as Little Whitewater Creek and the
other known as Big Whitewater Creek following the center-
line of Big Whitewater Creek to the point where the center-
line of Big Whitewater Creek intersects with the centerline
of Georgia State Highway No. 137; thence east along the
centerline of State Highway No. 137 to the point where the
centerline of State Highway No. 137 intersects with the City
Limits of the City of Butler on the west side of the City of
Butler; thence in an south and east direction along said City
Limits to the point where the City Limits of the City of
Butler intersects with the centerline of U.S. Highway 19;
thence north along the centerline of U.S. Highway 19 to
the point where the centerline of U.S. Highway 19 intersects
with the centerline of Plantation Drive in the City of Butler;
thence in a westerly direction along the centerline of Planta-
tion Drive to the point of intersection of the centerline of
Plantation Drive and the centerline of Hillside Drive; thence
north along the centerline of Hillside Drive to the point of
intersection of the centerline of Hillside Drive and the cen-
terline of Clover Lane; thence west along the centerline of
Clover Lane to the point of intersection of the centerline
of Clover Lane and the intersection of the centerline of Tower
Street; thence north along the centerline of Tower Street
to the intersection of the centerline of Tower Street and
the centerline of Cedar Street; thence west along the center-
line of Cedar Street to the point of intersection of the center-
GEORGIA LAWS 1985 SESSION
5015
line of Cedar Street and the centerline of Florence Street;
thence west along the centerline of Florence Street to the
intersection of the centerline of Florence Street and the cen-
terline of Georgia State Highway No. 137, also known as
Charing Road; thence continuing north along the centerline
of Suncrest Drive to the intersection of the centerline of
Suncrest Drive and the centerline of Howard Road; thence
west along the centerline of Howard Road to the intersection
of the centerline of Howard Road and Brentwood Drive;
thence north along the centerline of Brentwood Drive to
the intersection of the centerline of Brentwood Drive and
the centerline of Columbus Road; thence east along the cen-
terline of Columbus Road to the intersection of the centerline
of Columbus Road and the centerline of West Main Street;
thence east along the centerline of West Main Street to the
intersection of the centerline of West Main Street and the
centerline of Poplar Street; thence north along the centerline
of Poplar Street to the intersection of the centerline of Poplar
Street with the Central of Georgia Railroad; thence east
along the Central of Georgia Railroad to the point of intersec-
tion with the centerline of Industrial Road; thence east along
the centerline of Industrial Road to the intersection of the
centerline of Industrial Road and the centerline of Hillcrest
Circle; thence north and then south along the centerline
of Hillcrest Circle to the intersection of the centerline of
Hillcrest Circle and the centerline of Railroad Street; thence
east along the centerline of Railroad Street to the intersec-
tion of the centerline of Railroad Street and the City Limits
of the City of Butler on the east side of the City of Butler;
thence south and west along the City Limits of the City of
Butler to the intersection of the City Limits of Butler with
the centerline of County Road No. 247; thence south and
east along the centerline of County Road No. 247 to the
intersection of the centerline of County Road No. 247 and
the centerline of County Road No. 251; thence east along
the centerline of County Road No. 251 to the intersection
of the centerline of County Road No. 251 and the centerline
of County Road No. 165; thence south along the centerline
of County Road No. 165 to the intersection of the centerline
of County Road No. 165 and the centerline of County Road
No. 211; thence east along the centerline of County Road
No. 211 to the intersection of County Road No. 211 and
the centerline of County Road No. 180; thence east along
5016 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
the centerline of County Road No. 180 to the intersection
of the centerline of County Road No. 180 and the centerline
of Georgia State Highway No. 195; thence south and east
along the centerline of State Highway No. 195 to the inter-
section of the centerline of Georgia State Highway No. 195
and the centerline of County Road No. 183; thence south
and east along the centerline of County Road No. 183 to
the intersection of the Macon and Taylor County Line;
thence southwest along the Taylor And Macon County Line
to the point of beginning.
COMMISSIONER DISTRICT NO. 5
Commencing at the point where the Central of Georgia
Railroad intersects with the Flint River on the east side of
Taylor County and running thence west along the Central
of Georgia Railroad to the intersection of the Central of
Georgia Railroad with the west City Limits of the City of
Reynolds; thence north along the west City Limits of the
City of Reynolds to the northwest corner of the City Limits
of the City of Reynolds; thence east along the north City
Limits of the City of Reynolds to the intersection of the
north City Limits of Reynolds with the centerline of Georgia
State Highway No. 128; thence north along the centerline
of Georgia State Highway No. 128 to the intersection of the
centerline of Georgia State Highway No. 128 and the center-
line of Georgia State Highway No. 263; thence west along
the centerline of Georgia State Highway No. 263 to the inter-
section of the centerline of Georgia State Highway No. 263
and the centerline of County Road No. 128; thence west along
the centerline of County Road No. 128 to the intersection
of the centerline of County Road No. 128 with Patsiliga
Creek; thence north along Patsiliga Creek to the intersection
of the centerline of Patsiliga Creek and County Road No.
124; thence west along the centerline of County Road No.
124 to the intersection of the centerline of County Road
No. 124 and the centerline of Georgia State Highway No.
137; thence south along the centerline of Georgia State High-
way No. 137 to the intersection of the centerline of Georgia
State Highway No. 137 and the centerline of County Road
No. 117; thence west and north along the centerline of
County Road No. 117 to the intersection of the centerline
of County Road No. 117 and the centerline of County Road
GEORGIA LAWS 1985 SESSION
5017
No. 254; thence west along the centerline of County Road
No. 254 to the intersection of the centerline of County Road
No. 254 and the centerline of County Road No. 116; thence
west along the centerline of County Road No. 116 to the
intersection of the centerline of County Road No. 116 and
the centerline of U.S. Highway 19; thence south along the
centerline of U.S. Highway 19 to the intersection of the cen-
terline of U.S. Highway 19 and the centerline of County
Road No. 254; thence east along the centerline of County
Road No. 254 to the intersection of the centerline of County
Road No. 254 and the centerline of County Road No. 114;
thence east along the centerline of County Road No. 114
to the intersection of the centerline of County Road No. 114
and the centerline of Georgia State Highway No. 137; thence
south along the centerline of Georgia State Highway No.
137 to the intersection of the centerline of Georgia State
Highway No. 137 and the centerline of County Road No.
138; thence east along the centerline of County Road No.
138 to the intersection of the centerline of County Road
No. 138 and the centerline of County Road No. 139; thence
south along the centerline of County Road No. 139 to the
intersection of the centerline of County Road No. 139 and
the centerline of County Road No. 141; thence southwest
along the centerline of County Road No. 141 to the intersec-
tion of the centerline of County Road No. 141 and the center-
line of County Road No. 139; thence south along the center-
line of County Road No. 139 to the intersection of the
centerline of County Road No. 139 and the centerline of
Georgia State Highway No. 96; thence east along the center-
line of Georgia State Highway No. 96 to the intersection
of the centerline of Georgia State Highway No. 96 and the
centerline of County Road No. 151; thence south along the
centerline of County Road No. 151 to the intersection of
the centerline of County Road No. 151 and the centerline
of County Road No. 166; thence south along the centerline
of County Road No. 166 to the intersection of the centerline
of County Road No. 166 and the centerline of County Road
No. 251; thence west along the centerline of County Road
No. 251 to the intersection of the centerline of County Road
No. 251 and the centerline of County Road No. 250; thence
south along the centerline of County Road No. 250 to the
intersection of the centerline of County Road No. 250 and
the centerline of County Road No. 165; thence south along
5018 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
the centerline of County Road No. 165 to the intersection
of the centerline of County Road No. 165 and the centerline
of County Road No. 211; thence east along the centerline
of County Road No. 211 to the intersection of the center-
line of County Road No. 211 and the centerline of County
Road No. 180; thence east along the centerline of County
Road No. 180 to the intersection of the centerline of County
Road No. 180 and the centerline of Georgia State Highway
No. 195; thence in a southwesterly direction along the center-
line of Georgia State Highway No. 195 to the intersection
of the centerline of Georgia State Highway No. 195 and the
centerline of County Road No. 183; thence southeast along
the centerline of County Road No. 183 to the Taylor - Macon
County Line; thence north and east following the Taylor
and Macon County Line to the intersection with the Flint
River; thence north along the centerline of Flint River to
the point of beginning.
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. As soon as possible after approval by the
United States Department of Justice of the new commis-
sioner districts provided for in Section 1, but in no event
later than 210 days after such final approval, the election
superintendent of Taylor County shall issue the call for a
special election to elect the new members of the board of
commissioners of Taylor County. One member shall be
elected from each commissioner district. Each candidate for
election to the board of commissioners shall reside in the
commissioner district from which he or she is offering and
shall be elected only by the voters of such commissioner
district. The members elected at the special election to fill
the term which would have begun January 1, 1985, shall
take office immediately upon certification of the results of
the special election by the Secretary of State and shall serve
until December 31, 1988, and until their successors are
elected and qualified. The successors to such members shall
be elected at the general election in November, 1988, and
shall take office on the first day of January following their
election and shall serve for terms of four years and until
their successors are elected and qualified.
GEORGIA LAWS 1985 SESSION
5019
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
1985 session of the General Assembly of Georgia a bill to amend
an Act creating the Board of Commissioners of Taylor County,
approved March 1, 1933 (Ga. L. 1933, p. 672) to reapportion
the commissioner districts; and for other purposes.
This 14th day of February, 1985.
Honorable 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 Taylor County
News which is the official organ of Taylor County, on the follow-
ing date: February 21, 1985.
/s/ Ward Edwards
Representative,
112th District
Sworn to and subscribed before me,
this 25th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 28, 1985.
5020 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
LAMAR COUNTY BOARD OF COMMISSIONERS;
ELECTIONS; COMPENSATION.
No. 513 (House Bill No. 1048).
AN ACT
To amend an Act creating a board of commissioners for La-
mar County, approved March 8, 1943 (Ga. L. 1943, p. 1066),
as amended, so as to provide for a chairman and four other
members of the board of commissioners; to provide for qualifica-
tions; to provide for an oath of office and bonding; to provide
for elections; to provide for districts; to provide for terms of
office; to provide for a vice-chairman; to provide for vacancies;
to provide for compensation; to provide for other matters rela-
tive to the foregoing; to provide an effective date; to repeal con-
flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act creating a board of commissioners for
Lamar County, approved March 8, 1943 (Ga. L. 1943, p. 1066),
as amended, is amended by striking Section 1 and inserting
in lieu thereof a new Section 1 to read as follows:
"Section 1. (a) There is created the board of commis-
sioners of Lamar County. The board of commissioners shall
consist of five members.
(b) For the purpose of electing members of the board,
Lamar County shall be divided into four commissioner dis-
tricts as follows:
Commissioner District 1
Beginning at the intersections of the centerline of U.S.
Highway #41 with the centerline of County Road #35
(Ogletree Road); thence Northerly along the centerline
of County Road #35, as extended, crossing the Central
of Georgia Railroad until it intersects the centerline of
County Road #157 (Midway Church Road); thence North
GEORGIA LAWS 1985 SESSION
5021
along the centerline of County Road # 157, as extended,
until it intersects the centerline of Howard Bottoms Road
(County Road #158); thence Southwesterly along the
centerline of Howard Bottoms Road, as extended, until
same intersects the centerline of Ga. Highway #36;
thence Southerly along the centerline of Ga. Highway
# 36 until said centerline is intersected by the centerline
of Old Ga. Highway #36; thence South along the center-
line of Old Ga. Highway #36 until same is intersected
by the City of Limits of the City of Barnesville; thence
in a Westerly direction along the Northerly City Limits
of the City of Barnesville following the curvature and
changes thereof until said City Limits intersects the cen-
terline of Ga. Highway #7; thence South along said cen-
terline following the City Limits of the City of Barnesville
as it changes and departs the centerline of Ga. Highway
# 7 in a Southeasterly direction to the centerline of Grove
Street; thence continuing along the City Limits in a
Southwesterly direction until said City Limits intersects
the centerline of Ga. Highway #7; thence South along
the centerline of Ga. Highway #7 until same is inter-
sected by the centerline of Old Zebulon Road; thence
in an Easterly direction following the centerline of Old
Zebulon Road until it is intersected by the extended cen-
terline of Elm Street; thence in an Easterly direction
along the centerline of Elm Street as extended and cross-
ing the Central of Georgia Railroad until it is intersected
by the centerline of Greenwood Street; thence Northeast
along the centerline of Greenwood Street, as extended,
until said centerline is intersected by the centerline of
Zebulon Street; thence Easterly along the centerline of
Zebulon Street until Zebulon Street terminates at Main
Street and said centerline is intersected by the Atlanta
Street-Forsyth Street Connector; thence Easterly along
the centerline of the Atlanta Street-Forsyth Street Con-
nector until same is intersected by the centerline of the
North bound lane of Main Street; thence North along
the centerline of the North bound lane of Main Street
until it merges with the centerline of the South bound
lane of Main Street and; thence continuing Northerly
alongsaid centerline as extended until it crosses the Cen-
tral of Georgia Railroad and is intersected by the center-
line of Railroad Street; thence Northeast along the cen-
5022 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
terline of Railroad Street until it is intersected by the
extended centerline of Ice Street; thence in a Southeast-
erly direction following the centerline of Railroad Street
crossing the Central of Georgia Railroad and thence con-
tinuing Northeasterly along the centerline of Railroad
Street until said centerline is intersected by the extended
centerline of Rogers Street; thence South along the cen-
terline of Rogers Street, as extended, until same is inter-
sected by the centerline of U.S. Highway #41, also
known as Forsyth Street; thence continuing along the
centerline of U. S. Highway #41 to the point of begin-
ning.
Commissioner District 2
Beginning at a point on the Monroe County-Lamar
County line where said county line is intersected by the
centerline of the Little Towaliga River; thence North
along said county line to the Northeast corner of Lamar
County, Georgia; thence West along the Lamar-Butts
County line to the Spalding County line; thence South
along the Spalding County-Lamar County line to the
Southeast corner of Spalding County; thence West along
the Spalding-Lamar County line following the curvatures
and changes thereof to the Northwest corner of Lamar
County, Georgia; thence South along the Pike County-
Lamar County line to a point where said county line is
intersected by the centerline of Mount Calvary Road;
thence East along the centerline of Mount Calvary Road
until same is intersected by the centerline of Five Points
Road; thence South along the centerline of Five Points
Road until said centerline is intersected by the extended
centerline of Wilson Road (County Road #63); thence
Easterly along the centerline of Wilson Road (County
Road #63) until said centerline as extended intersects
the centerline of County Road #64; thence Southerly
and Easterly along the centerline of County Road #64
as it crosses the Central of Georgia Railroad and inter-
sects the centerline of Old Milner Road; thence along
the centerline of Old Milner Road until it is intersected
by the extended centerline of Woodall Lane; thence East-
erly along the centerline of Woodall Lane until said cen-
terline as extended intersects the City Limits of Milner,
GEORGIA LAWS 1985 SESSION
5023
Georgia; thence in a Southeasterly direction along the
City Limits of the City of Milner and the curvatures
and changes thereof until said City Limits intersects the
centerline of Ga.Highway #7; thence Southeasterly
along the centerline of Ga.Highway #7 until same is
intersected by the centerline of Ga.Highway #36; thence
Easterly along the centerline of Ga.Highway #36 follow-
ing the curvatures thereof to point where said centerline
is intersected by the extended centerline of Howard Bot-
toms Road (County Road #158); thence Northeasterly
along the centerline of Howard Bottoms Road until same
is intersected by the extended centerline of Midway
Church Road (County Road # 157); thence Easterly along
the centerline of Midway Church Road until same is in-
tersected by the centerline of Big Towaliga Creek; thence
Easterly along the centerline of Big Towaliga Creek fol-
lowing the meanderings thereof until it changes into the
Little Towaliga River and continuing along the center-
line of said river until same intersects the Lamar-Monroe
County line at the point of beginning.
Commissioner District 3
Beginning at the intersection of the centerline of the
Barnesville-Yatesville Road (County Road #210) with
the Upson-Lamar County line; thence North along said
centerline as extended to the centerline of Ga. Highway
#7; thence West along said centerline to the intersection
of the centerline of Thomaston Street (formerly Ga. High-
way #36) if it were extended; thence North along said
centerline to the beginning of the centerline of Main
Street; thence North along the centerline of Main Street
and continuing along said centerline until it divides into
two lanes; thence following the North bound lane of Main
Street until it merges with South bound lane and be-
comes one centerline; thence North along said centerline
as extended crossing the Central of Georgia Railroad un-
til it intersects the centerline of Railroad Street; thence
Northeast along the centerline of Railroad Street until
it is intersected by the extended centerline of Ice Street;
thence South following the centerline of Railroad Street
as it crosses the Central of Georgia Railroad in a South-
easterly direction; thence proceed Northeast along said
5024 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
centerline until said centerline is intersected by the ex-
tended centerline of Rogers Street; thence South along
said centerline, as extended, until it intersects the center-
line of U.S. Highway #41 (Forsyth Street); thence East
along said centerline of U.S. Highway #41 until it is
intersected by the centerline of County Road #35 (Ogle-
tree Road); thence North along said centerline crossing
the Central of Georgia Railroad and extending until it
intersects the extended centerline of Midway Church
Road (County Road # 157); thence North along said cen-
terline until said centerline is intersected by the center-
line of Big Towaliga Creek; thence East along the center-
line of Big Towaliga Creek following same as it becomes
Little Towaliga River and until same intersects the Mon-
roe-Lamar County line; thence South along said county
line following the variations thereof to the Southeast
corner of Lamar County; thence West along said county
line to the Upson County line; thence North along said
county line to the Northeast corner of Upson County,
Georgia; thence West along said county line to the point
of beginning.
Commissioner District 4
Beginning at the intersection of the centerline of the
Barnesville-Yatesville Road (County Road #210) and the
Upson-Lamar County line; thence North along said cen-
terline as extended to the centerline of Ga.Highway #7;
thence West along said centerline to the intersection of
the centerline of Thomaston Street (Ga. Highway # 36);
thence North along said centerline of Thomaston Street
to the beginning of the centerline of Main Street; thence
North along the centerline Main Street and continuing
along said centerline until it divides into two lanes;
thence following the north bound lane of Main Street
until it is intersected by the centerline of the Atlanta
Street-Forsyth Street Connector; thence West along the
centerline of said connector street until it terminates
at the beginning of Zebulon Street; thence from where
the centerline of said connector meets and joins with
the centerline of Zebulon Street; thence West along said
centerline of Zebulon Street until it is intersected by
the extended centerline of Greenwood Street; thence
GEORGIA LAWS 1985 SESSION
5025
Southwest along said centerline of Greenwood Street un-
til it is intersected by the extended centerline of Elm
Street; thence West along the centerline of Elm Street,
as extended, until it intersects the centerline of Old Zebu-
Ion Road; thence West along said centerline of Old Zebu-
Ion Road (County Road #74) until it is intersected by
the centerline of Ga.Highway #7; thence North along
said centerline of Ga. Highway # 7 until it is intersected
by the City limits of Barnesville, Georgia; thence north-
easterly along said City limits to center of Grove Street;
thence northwesterly along said City limits returning
to Ga. Highway #7 and continuing north along said
Highway as it forms said City limits and departing said
Highway in an easterly direction along said City limits
following the changes and curvature thereof until it is
intersected by the centerline of Old Ga. Highway # 36;
thence North along said centerline of Old Ga. Highway
#36 until it intersects the centerline of Ga. Highway
#36; thence West along the centerline of Ga.Highway
#36 until reaching the centerline of Ga.Highway #7;
thence North along said centerline of Ga. Highway #7
to the intersection of said centerline with the City limits
of Milner, Georgia; thence westerly and northwesterly
along said City limits and following the curvature thereof
until said City limits is intersected by the extended cen-
terline of Woodall Lane (County Road #66); thence West
along said centerline of Woodall Lane, as extended and
crossing the Old Milner Road and then crossing the Cen-
tral of Georgia Railroad until it intersects the centerline
of County Road #64; thence North along said centerline
of County Road #64 until it is intersected by the ex-
tended centerline of Wilson Road (County Road #63);
thence West along said centerline as extended to its inter-
section with the centerline of Five Points Road; thence
North along said centerline of Five Points Road until
it is intersected by the centerline of Mount Calvary Road;
thence West along said centerline of Mount Calvary
Road until said centerline intersects the Pike-Lamar
County line; thence South along said Pike-Lamar
County line following the variations in said county line
to the Southwest corner of Lamar County; thence East
along the Upson-Lamar County line to the point of
beginning.
5026 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2. Said Act is further amended by striking Section
2 and inserting in lieu thereof a new Section 2 to read as follows:
"Section 2. (a) One commissioner shall be elected from
each commissioner district by the electors residing solely
within each respective district. 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 and a qualified elector
of Lamar 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 dis-
trict 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 dis-
trict for which the person is offering. There shall be one
member of the board elected by the voters of the entire
county who shall be the chairman. Any person desiring to
qualify as a candidate for chairman shall designate that
he is qualifying for the chairman post. A candidate for chair-
man may reside anywhere in Lamar County. Any person
qualifying for the chairman post shall not be permitted to
qualify as a candidate for election to the board from any
commissioner district. 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) Before entering upon the discharge of such commis-
sioners duties, each commissioner shall take and subscribe
to the following oath, to wit 'I do solemnly swear that I
will support the Constitution of the United States and of
the State of Georgia, and that I will well, truly, and faithfully
discharge the duties of commissioner of Lamar County, dur-
ing my continuance in office according to law and to the
best of my knowledge and ability, without fear or affection
of any person, firm, or corporation; so help me God. Each
of said commissioners shall give a bond in the sum of
$1,000.00, each, except the chairman of said board, who shall
give a bond in the sum of $10,000.00, in a good and solvent
fidelity and guaranty company, payable to the judge of the
probate court of said county and his successors in office,
conditioned upon the faithful discharge of the duties of his
office, which shall be duly filed and recorded in the office
GEORGIA LAWS 1985 SESSION
5027
of the judge of the probate court of said county, as the bond
of other county officers. The premium on said bonds for each
commissioner shall be paid out of the general funds of said
county. Said commissioners shall each be commissioned by
the Governor, and all future commissioners shall be commis-
sioned likewise.
(c) The members of the board of commissioners in office
on January 1,1985, shall continue in office until the expira-
tion of the terms to which such members were elected and
until their successors are duly elected and qualified.
(d) The member to be the chairman and the members
from Commissioner Districts No. 1 and 2 shall be elected
at the general election of 1986 and shall take office on Janu-
ary 1,1987. The member elected from Commissioner District
No. 4 shall be elected at the general election of 1988 and
shall take office on January 1, 1989. The member elected
from Commissioner District No. 3 shall be elected at the
general election of 1990 and shall take office on January
1,1991. Each member of the board of commissioners, includ-
ing the chairman, shall be elected for a term of four years
and until such members successor is elected and qualified.
Thereafter, each member, including the chairman, shall be
elected at the general election immediately preceding the
expiration of such members term of office and shall take
office on the first day of January immediately following such
members election for a term of four years. All members
of the board of commissioners shall serve until their succes-
sors are elected and qualified.
(e) The board shall elect one of its members as vice-
chairman. The vice-chairman shall, in the absence or dis-
qualificatin of the chairman or during a vacancy in the office
of chairman, perform and discharge all of the duties and
functions of the chairman.
Section 3. Said Act is further amended by striking Section
4 and inserting in lieu thereof a new Section 4 to read as follows:
"Section 4. (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 unex-
5028 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
pired 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 Lamar 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 elec-
tions 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. Said Act is further amended by striking Section
6 and inserting in lieu thereof a new Section 6 to read as follows:
"Section 6. The chairman of the board shall receive as
compensation for his services as such the sum of $350.00
per month. In addition to such compensation, the chairman
of the board shall also receive an expense allowance of
$150.00 per month. The other members of the board shall
receive as compensation for their services as such the sum
of $300.00 per month. In addition, the chairman and the
other members of the board shall receive actual expenses
incurred by them while conducting county business outside
Lamar County.
Section 5. This Act shall become effective upon its ap-
proval 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 Intent to Introduce Local Legislation.
Notice is given that there will be introduced at the regular
1985 session of the General Assembly of Georgia a bill to amend
GEORGIA LAWS 1985 SESSION
5029
an act creating the Board of Commissioners of Lamar County,
Georgia, providing for Commissioner Districts, providing for the
method of election of members of the Board of Commissioners
and for other purposes.
This 15th day of February, 1985.
Larry Smith
Representative,
78th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Larry Smith, who, on oath,
deposes and says that he is Representative from the 78th Dis-
trict, and that the attached copy of Notice of Intention to Intro-
duce Local Legislation was published in the Barnesville Herald-
Gazette which is the official organ of Lamar County, on the
following date: February 20, 1985.
/s/ Larry Smith
Representative,
78th District
Sworn to and subscribed before me,
this 26th day of February, 1985.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 11, 1988.
(Seal).
Approved March 28, 1985.
5030 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CITY OF GRANTVILLE NEW CHARTER.
No. 514 (House Bill No. 1075).
AN ACT
To provide a new charter for the City of Grantville; to provide
for the corporate limits of said city; to provide corporate powers;
to provide for a mayor, city council, and other city officials; to
provide for organization, personnel, and physical administration
of the city; to provide for all other matters relative to the city;
to repeal a specific Act; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
ARTICLE I: GENERAL DEFINITIONS, CITY LIMITS AND
CORPORATE POWERS
Section 1.01. Charter. This Act shall constitute the
whole charter of the City of Grantville, Georgia, repealing and
replacing the charter provided by an Act making Grantville,
in Coweta County, a town, approved August 1, 1912 (Ga. L.
1912, p. 925), as amended, particularly by an Act approved Feb-
ruary 18, 1959 (Ga. L. 1959, p. 2041), making Grantville, in
Coweta County, a city. The City of Grantville, Georgia, in the
County of Coweta, and the inhabitants thereof, are hereby con-
stituted and declared a body politic and corporate by the name
and style of the City of Grantville, 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 all such actions
whatsoever, and may have and use a common seal and change
it at pleasure.
Section 1.02. Definitions. As used in this Act, the follow-
ing words and terms shall have the following meanings:
(a) "City shall mean the City of Grantville, Georgia.
(b) "Councilman shall mean a person elected to the
city council as provided in this Act.
GEORGIA LAWS 1985 SESSION
5031
(c) "Member of the council shall mean the mayor and
each councilman.
(d) "Nonpartisan shall mean without any designation
of candidates and members or candidates of any state, na-
tional party, or organization.
(e) "At large shall mean the entire city as distin-
guished from representation by wards or other districts.
(f) "Public way shall mean any land used as a passage-
way including but not limited to streets, roads, highways,
expressways, freeways, boulevards, avenues, parkways, al-
leys, lanes, sidewalks, walks, bridges, viaducts, subways, un-
derpasses, tunnels, and other thoroughfares, and, including
the right of way of such public ways.
(g) "Code shall mean any publication or compilation
of rules, regulations, specification standards, limitations, or
requirements by an agency of the federal or state govern-
ment or by a municipality, by a trade association or other
organization generally recognized as an authority in its field
of activity.
(h) "Agency shall mean any office, court, utility board,
commission, institution, or other organization in charge of
administering any public function or municipal affair of the
city.
(i) "Officer shall mean and include the mayor, council-
men, members of boards and commissions, and any other
person classified as public officers by the laws or judicial
decisions of this state. An "officer as herein defined shall
fill an office and an employee shall fill a position of employ-
ment.
(j) "Elector shall mean a person residing within the
city who is qualified to vote therein.
(k) The "masculine shall include the feminine, and the
"singular shall include the plural and vice versa.
(l) The word "shall is mandatory, may is permissive.
5032 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 1.03. City limits. The city limits shall be:
(a) Three-fourths of a mile in every direction from the
freight depot of the Atlanta and West Point Railroad as
now located. (Ga. L. 1912, p. 925);
(b) In addition to the area provided for above, the corpo-
rate limits of the City of Grantville shall embrace the follow-
ing tract of land: Begin at the point of intersection of the
existing City Limits line with the South line of Land Lot
269 and from said beginning point run thence Westerly along
the South line of Land Lots 269, 270, and 271 to the West
line of Land Lot 271; thence Northerly to the Northwest
corner of Land Lot 271; thence Easterly along the North
line of Land Lot 271 to the East line of Land Lot 271; thence
Northerly along the East line of Land Lot 242 to the North
line of Land Lot 242; thence Westerly along the North line
of Land Lot 242 to the West line of Land Lot 242; thence
Northerly along the West line of Land Lot 239 to the North-
west corner of Land Lot 239; thence Easterly along the North
line of Land Lots 239, 238, 237 and 236, to the Northeast
corner of property owned by Hall in Land Lot 236; thence
Southerly along the East line of the property of Hall 1000
feet; thence Westerly on a line parallel with the North line
of Land Lot 236 to the West line of Land Lot 235; thence
Northerly along the West line of Land Lot 235 to the North
line of Land Lot 235; thence Easterly along the North line
of Land Lots 235, 234, 233, to the Northeast corner of Land
Lot 233; thence Southerly along the East line of Land Lot
233 to the South line of Land Lot 233; thence Westerly along
the South line of Land Lot 233 to the West line of Land
Lot 233; thence Southerly along the West line of Land Lot
247 to the Southeast corner of Land Lot 247; thence Westerly
along the South line of Land Lots 247 and 246, to the South-
west corner of Land Lot 246; thence Southerly along the
East line of Land Lot 268 to the property of Jeter; thence
Westerly along the property line of Jeter to the existing
City Limits line; thence Southwesterly along the existing
City Limits line to property of Maynard Jeter; thence East-
erly 420 feet to the Northeast corner of property of Maynard
Jeter; thence Southeasterly along the property of Maynard
Jeter, 420 feet; thence Westerly along the South line of the
property of Maynard Jeter, to the right of way of a county
GEORGIA LAWS 1985 SESSION
5033
road; thence Northwesterly along the right of way of said
county road 420 feet, more or less, to the Northwest corner
of the property of Maynard Jeter and the existing City Limits
of the City of Grantville.
The land-use restrictions in effect on January 1,1973 (Ga. L.
1973, p. 3465), for the above tract of land provided for by the
governing authority of Coweta County shall remain in effect
for said tract until such time as the City of Grantville shall
adopt a comprehensive land-use and zoning plan, and thereby
provide for other or different land-use within said tract. (Ga. L.
1973, p. 3465).
Section 1.04. Corporate powers. The corporate powers
of the city to be exercised by the mayor and council, shall include
the following:
(a) To levy and provide for the assessment and collec-
tion of taxes on all property subject to taxation.
(b) To levy and provide for the collection of the license
taxes on privileges, occupations, trades, and professions.
(c) To appropriate and borrow money to provide for pay-
ment of the debts of the city, and to authorize the expendi-
tures of money for any municipal purpose or matter of na-
tional or state interest.
(d) To acquire, dispose of, and hold in trust or otherwise,
any real, personal, or mixed property, inside or outside the
city.
(e) To condemn property inside or outside the city for
present or future use under the applicable provisions of Title
22 of the O.C.G.A., and its amendments, or under other appli-
cable public acts.
(f) To acquire, operate, and dispose of public utilities,
subject to the provisions of the applicable general laws.
(g) To grant franchises or make contracts for public util-
ities and public services. The mayor and council may pre-
scribe the rates, fares, regulations, and standards, and condi-
5034 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
tions of service applicable to the service to be provided by
the franchise grantee or contractor; provided, however, noth-
ing in this subsection shall be construed to apply to public
utility companies regulated by the Public Service Commis-
sion.
(h) To regulate the rates and services of public utilities
insofar as not in conflict with such regulations by the Public
Service Commission or other similar state or federal agency
having jurisdiction in such matters.
(i) To provide for the acquisition, construction, building,
operation and maintenance of public ways, parks, public
grounds, cemeteries, markets and market houses, public
buildings, libraries, sewers, drains, sewerage treatment, air-
ports, 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 the applicable provisions of Title 22 of the O.C.G.A.,
as amended, or other applicable public acts.
(j) To prescribe standards of health and sanitation and
to provide for the enforcement of such standards.
(k) To provide for the collection and disposal of garbage,
rubbish, and refuse. Charges may be imposed to cover the
cost of such services which, if unpaid, 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 property taxes.
(l) To define, regulate, and prohibit any acts, practice,
conduct, or the use of property, detrimental, or likely to
be detrimental, to the health, morals, safety, security, peace,
convenience, or general welfare of the inhabitants of the
city.
(m) To establish minimum standards for and to regulate
building construction and repair; electrical wiring and equip-
ment; gas installation and equipment; plumbing; and hous-
GEORGIA LAWS 1985 SESSION
5035
ing for the health, sanitation, cleanliness, and safety of the
inhabitants of the city and to provide for the enforcement
of such standards.
(n) To regulate and license weights and measures.
(o) To provide that persons given jail sentences in the
recorders court shall work out such sentences in the streets
or any public works of the city, or in a city workhouse, estab-
lished for this purpose, as provided by ordinance; or the
council may provide for the commitment of city prisoners
to the county workhouse or jail, by agreement with the ap-
propriate county officers.
(p) To regulate and license or prohibit the keeping or
running at large of animals and fowl and to provide for
the impoundment of the same in violation of any ordinance
or lawful order and for their disposal by sale, gift, or humane
killing, when not redeemed as provided by ordinance.
(q) To regulate and license vehicles operated for hire
in the city, to limit the number of such vehicles, to require
the operation thereof to be licensed, to require liability insur-
ance on such vehicles in amounts described by ordinance,
and to regulate and rent parking spaces and public ways
for the use of such vehicles.
(r) To levy and provide for the collection of special im-
provements.
(s) To provide that violation of any ordinance, rule, or
regulation or order shall be punishable as a misdemeanor.
(t) To exercise and enjoy all 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 all implied powers necessary
to carry into execution all powers granted in this Act as
fully and completely as if such powers were fully enumerated
herein, no enumeration of particular powers in this Act shall
be held to be exclusive of others nor restrictive of general
words and phrases granting powers, but shall be held to
5036 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
be an addition to such powers unless expressly prohibited
to cities under the Constitution or applicable public acts
of the state.
Section 1.05. Ordinances. All ordinances, bylaws, rules,
and regulations now in force in said city, not inconsistent with
this Act are hereby declared valid and of force until amended
or repealed by the mayor and council of the city.
ARTICLE II: ELECTIONS, MAYOR, COUNCIL, AND CLERK
Section 2.01. Registration of electors. The registration
of electors of the City of Grantville shall be according to the
Municipal Election Code of the State of Georgia, Title 21 of
the O.C.G.A.
The city shall provide for the following matters pursuant
to the Municipal Election Code:
(1) Compensation of poll officers;
(2) Voter registration system;
(3) Procedures for deciding elector challenges;
(4) Selecting polling places;
(5) Renumeration for polling place, rent, heat, etc.;
(6) Specifying dates of elections.
Section 2.02. Qualifications and election of mayor and
councilmen. There is hereby created the office of mayor of the
City of Grantville. There are hereby created four council posts
of the City of Grantville, which shall be known as Council Posts
11 2, 3, and 4. Each and every council post shall be for the
city at large.
The mayor and the council members shall be elected by
the qualified electors 18 years of age or over, may be qualified
as a candidate for mayor or councilman by submitting to the
city clerk a notice of his candidacy at least 15 days prior to
the election. In case of a candidacy for councilman, giving the
number of the post for which he is qualifying as a candidate.
GEORGIA LAWS 1985 SESSION
5037
On the second Saturday in December, 1985, a nonpartisan
election shall be conducted by the city election manager at the
same hours and places for general elections to elect two council-
men for Post 3 and Post 4. The two candidates for councilmen
elected at that time to Post 3 and Post 4 shall take office in
January, 1986. On the second Saturday in December, 1986, there
shall be held, in the same manner as the election held on the
second Saturday in December, 1985, an election to elect a mayor
and to elect councilmen for Post 1 and Post 2. The mayor elected
at that time shall take office at the expiration of the term of
office of the mayor then in office. The two candidates for council-
men elected at that time to Post 1 and Post 2, shall take office
in January, 1987. Thereafter, the successors to Post 3 and Post
4 shall be elected on the second Saturday in December of odd-
numbered years, to take office on January 1 of the following
year at the expiration of the then current terms of office of
Post 3 and Post 4. The successors to Post 1 and Post 2 shall
be elected on the second Saturday in December of even-num-
bered years, to take office on January 1 of the following year
at the expiration of the then current term of office of Post 1
and Post 2. The mayor and all council members shall be elected
for terms of two years each. No informalities shall invalidate
any such election so long as it has been conducted fairly and
in substantial conformity with the requirements of this Act and
the general laws of the State of Georgia.
The terms of office of mayor and councilman shall begin
at 12:01 A.M., on the first day of January following their elec-
tion, and they shall serve until their successors have been
elected and qualified.
Those candidates seeking election for the office of mayor
and council, receiving a plurality of the votes cast, shall be
deemed elected.
Section 2.03. Governing body. A mayor and four coun-
cilmen shall constitute the city council, in which is vested all
the corporate, legislative, and other powers of the city, except
as otherwise provided in this Act. The council shall be the final
judge of the election and qualification of its members. The coun-
cil shall hold regular meetings at a stated time and place, as
provided by ordinance. The council shall meet in special sessions
on written call of the mayor, or any two councilmen. This writ-
5038 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ten call may be served on the other members personally, or
left at their residences, at least 12 hours in advance of the meet-
ing. Such notice of a special meeting shall not be required if
the mayor and all councilmen are present when the special
meeting is called. Only the business stated in the written call
may be transacted at a special meeting, except by unanimous
consent by all members of the council. The council shall exercise
its powers in public meetings. A majority of the council shall
constitute a quorum. The council may by ordinance adopt rules
and bylaws to govern the conduct of its business, including proce-
dures and penalties for compelling the attendance of the absent
members. The council may examine witnesses, order the produc-
tion of books and papers, and discipline persons for disorderly
or contemptuous behavior in the presence of the council.
The mayor and council shall have the power at their discre-
tion to appoint a city manager who shall serve at the city coun-
cils pleasure. Said city manager shall be the principal manage-
rial aide to the mayor and shall perform such duties as may
be assigned to him by the mayor and council.
Section 2.04. Compensation of mayor and coun-
cil. The council may determine by ordinance the annual salary
of the mayor and councilmen provided that any salary increase
shall not be effective until after the taking of office of those
elected at the next regular municipal election. The mayor and
councilmen may receive their actual and necessary expenses
incurred in the performance of their duties of office.
Section 2.05. Powers and duties of mayor. The mayor
shall preside at meetings of the council, shall have a vote only
in the cause of a tie, shall be the ceremonial head of the city,
shall sign ordinances and resolutions for their final passage,
shall sign deeds, bonds, and contracts when authorized by the
council to do so, shall be the officer to accept process against
the city, and shall perform all other duties imposed by this
Act and ordinances not inconsistent with this Act. Also, see
Section 3.03, Administrative duties of mayor.
Section 2.06. Mayors power to veto legislation.
Within 96 hours after the adjournment of any council meet-
ing, the city clerk shall present to the mayor the record of pro-
ceedings of the meeting and all ordinances and resolutions
GEORGIA LAWS 1985 SESSION
5039
adopted at the meeting. The mayor, within seven days of the
receipt of an ordinance or resolution, shall return it to the city
clerk, with or without his approval, or with his veto. If an ordi-
nance or resolution is vetoed, the mayor shall attach a written
statement explaining the reason for his veto. Ordinances or reso-
lutions vetoed by the mayor shall be considered at the next
regular meeting of the council, and the council may pass the
ordinance over the veto by the affirmative vote of three of its
members. The effective date of an ordinance passed over the
mayors veto shall not be less than 15 days after the date of
the final passage. The mayors veto shall extend to disapproving
or reducing the individual appropriation items in the budget
or any ordinance or resolution, except appropriations for audit-
ing or investigating any part of the executive branch. The mayor
shall not have the power to veto any emergency ordinance.
Section 2.07. Mayor pro tempore. The council at the
first regular meeting after the newly elected councilmen have
taken office following each election shall elect from its member-
ship a mayor pro tempore for a term of one year. In the event
that no mayor pro tempore is elected at such first regular meet-
ing, or within five ballots taken within ten days following the
first meeting, the councilman who received the highest number
of votes when he was last elected shall become mayor pro tem-
pore. The mayor pro tempore shall perform the duties of the
mayor during his absence or his inability to act and shall act
as mayor until the next regular election for the office of mayor,
in which case a new mayor pro tempore shall be elected by a
majority of votes of the council.
Section 2.08. Vacancy in office of mayor or council-
man. A vacancy shall exist if the mayor or a councilman re-
signs, dies, moves his residence from the city, has been continu-
ously disabled for a period of six months so as to prevent him
from discharging the duties of his office, or is convicted of a
felony in office, a felony in violation of this Act, or a violation
of the election laws of the state. The council shall appoint a
qualified person to fill such vacancy until the next election. In
the case of a vacancy in the office of mayor, a special election
shall be called and handled in the manner of general elections
as hereinbefore provided within 45 days after the vacancy oc-
curs.
5040 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2.09. Restrictions on councilmen. The council
shall act in all matters as a body and no member shall seek
individually to influence the official acts of the mayor or any
other officer or employee of the city, or direct or request the
appointment of any person to, or his removal from, any office
or position of employment, or to interfere in any way with the
performance of the duties by the mayor or other officers or em-
ployees. The council shall communicate with the various agen-
cies, officers, and employees of the city, except boards or commis-
sions authorized by this Act, solely through the mayor, and
shall not give orders to any subordinates of the mayor, either
publicly or privately; nothing herein contained shall prevent
the council from conducting such inquiries into the operation
of the city government and the conduct of the city affairs as
it may deem necessary.
Section 2.10. City clerk. The city clerk shall be ap-
pointed by the mayor and council and shall be responsible for
keeping and preserving the city seal and all the records of the
council; attending meetings of the council and keeping a journal
of its proceedings at such meetings, including the names of mem-
bers present and absent, the vote of each member on each ques-
tion, on each motion considered, preparing and certifying by
ordinance, and performing such other duties as may be required
by the mayor and council.
Section 2.11. City legislation. Any action of the council
having a regulatory or penal effect, relating to revenue or the
expenditure of money, or required to be authorized by ordinance
under this Act, shall be implemented only by ordinance. All
ordinances shall be in written form before being introduced.
The affirmative vote of a majority of the council present and
voting shall be required to pass any motion, resolution, or ordi-
nance, including two readings in the case of an ordinance. Each
ordinance, before being adopted, shall be read at two meetings
not less than one month apart and shall take effect ten days
after its adoption, except that, where an emergency exists and
the public safety and welfare required expediency, an ordinance
containing a full statement of the facts reasons for the emer-
gency may be made effective upon its adoption if approved by
at least three members of the council. No ordinance relating
to a franchise, exclusive contract, or other special privilege shall
be passed as an emergency ordinance. Amendments of ordi-
GEORGIA LAWS 1985 SESSION
5041
nances and resolutions or parts thereof shall be accomplished
only by setting forth the complete section, sections, and subsec-
tions in their amended form. A code may be adopted by an
ordinance which contains only a reference to its title, date, and
issuing organization; and the city clerk shall file a copy of the
code in his office. The city shall furnish a copy of any such
code of ordinances to any person for a reasonable fee after adop-
tion of a code or ordinance as provided in this section. 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, an abstract of the essential provisions of each ordi-
nance shall be posted in a public place within ten days after
its adoption, except that only the title shall be so posted of a
code adopted by reference as provided in this section.
Section 2.12. Rules and regulations. The council may
by ordinance authorize officers and agencies of the city to pro-
mulgate formal rules and regulations within their respective
jurisdictions subject to such restrictions and standards of guid-
ance as the council may prescribe. No such formal rule or regula-
tion shall take effect until it is filed with the city clerk, who
shall file and preserve the original copy in his office. Amend-
ments of such rules and regulations shall be accomplished only
by setting forth complete sections or subsections in their
amended form.
ARTICLE III: ORGANIZATION AND PERSONNEL
Section 3.01. Departments. The city government shall
be organized into the following departments:
Police Department
Utility Department
Administrative Department
Street and Public Works Department
5042 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
The utility department will be composed of the gas system,
water system, and electrical system.
Unless and until otherwise provided by ordinance, the mayor
shall, on the second Monday in January of each year, appoint
a committee composed of the councilmen duly qualified and
elected to oversee the functions of the various departments.
Section 3.02. Planning commission. There shall be a
planning commission appointed by the mayor and council of
the City of Grantville comprised of five from the city at large.
The planning commission so appointed shall serve as a recom-
mending body to the mayor and council and shall carry out
those duties as provided by ordinance.
Section 3.03. Administrative duties of mayor. The
mayor shall be the executive head of the city government respon-
sible for the efficient and orderly administration of the citys
affairs. He shall be responsible for the enforcement of laws,
rules and regulations, ordinances, and for franchises in the city,
and the city attorney shall take such legal actions as the mayor
may direct for such purposes. He shall have the authority to
appoint, promote, demote, transfer, suspend, and remove all
officers and employees and to direct and control their work,
except as otherwise provided in this Act. He shall submit to
the council annual budgets, reports, and such other information
as he may deem necessary or the council may require. He shall
have authority to make allotments of funds within the limits
of appropriations and no expenditure shall be made without
his approval. If no other employee or official is designated as
purchasing agent, he shall act as purchasing agent for the city.
He may conduct inquiries and investigations into the conduct
of the citys affairs and shall have such other powers and duties
as may be provided by ordinances not inconsistent with this
Act.
Section 3.04. City manager. Should the post of city man-
ager be filled, the city manager shall be appointed by the mayor
and council who shall be the chief managerial aide to the mayor.
He shall have the authority to appoint, promote, demote, trans-
fer, suspend, and remove all employees and to direct and control
their work except as otherwise provided in this Act. With the
approval of the mayor and council, he shall be responsible for
GEORGIA LAWS 1985 SESSION
5043
preparing for the mayor and council annual budget reports and
such other information as the mayor and council may deem
necessary and require. He shall be the purchasing agent for
the city.
Section 3.05. City attorney. The mayor shall appoint a
city attorney, together with such assistant city attorneys as may
be authorized by ordinance. The city attorney shall be responsi-
ble for representing and defending the city in all litigation in
which the city is a party, shall be the prosecuting officer in
the recorders court, and shall advise the council, mayor, and
other officers and employees of the city concerning legal aspects
of the citys affairs.
Section 3.06. Recorders court, (a) There shall be a re-
corders court presided over by the recorder which shall have
jurisdiction over violations of this Act and the ordinances of
the city. The recorders court shall also have concurrent jurisdic-
tion with that of a magistrate court over offenses committed
within the city. The recorders court shall be held in the council
chamber of said city on the first Monday in each month or at
such other place and time as the council may by ordinance
designate. The mayor and city council shall appoint a recorder
to preside over the recorders court who shall serve at the plea-
sure of the mayor and city council. The mayor and city council
shall set the qualifications and compensation of the recorder.
The recorders court shall have the power to preserve order
and compel attendance of witnesses, and to punish for contempt
by imprisonment not exceeding ten days or fine exceeding
$100.00, one or both. The recorder shall have full power and
authority upon conviction to sentence any offender to labor upon
the streets or other public works in said city for a period not
to exceed five months, or to impose a fine not exceeding
$1,000.00, or sentence said offender to be confined and impris-
oned in the guard house or other place of confinement as may
be designated by the mayor and city council for a period not
exceeding five months; either one or more of said penalties may
be imposed in the discretion of the recorder.
(b) Whenever a person is arrested under the provisions of
authority contained in this Act, or under the ordinances passed
by authority of the same, it shall be lawful for him or her to
enter a good and sufficient bond, to be approved by the arresting
5044 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
officer conditioned for the appearance of such person to answer
such charge when the same shall be heard, and shall be payable
to the recorders court, which bond shall be forfeited on the
nonappearance of the defendant, in the same manner in the
recorders court as penal bonds are forfeited in the county or
superior courts of this state, and the recorder is hereby empow-
ered to issue scire facias returnable before him in not less than
seven days, nor more than 30 days; when any defendant shall
fail to appear in terms of his bond upon the return thereof,
judgment against the defendant and his security shall be entered
as in state courts, and the sales of all property levied on shall
be conducted, advertised, and made as sales of property under
other executions issued by said city, and such judgment and
execution shall be in lien on all property of principal and securi-
ties equal in dignity to the judgment and execution of the several
courts of this state of the same date and superior in dignity
to all judgments in this state rendered after the date of such
judgment of forfeiture.
(c) The mayor and city council of Grantville shall have
power and authority to organize one or more work gangs and
to confine therein persons who have been sentenced by the re-
corders court to work upon the streets, and they shall have
power to make all rules and regulations that may be suitable,
usual, or necessary for the government or control of such work
gangs, and to enforce the same through its proper officers.
(d) Except as provided in this Act, the authority and powers
and the procedure in the recorders court shall be the same
as provided by state law. Appeals from the recorders court shall
be to the Superior Court of Coweta County in the same manner
as appeals from the magistrate court. Warrants, subpoenas, and
other processes of the recorders court shall be executed by police
officers of the city, who, for such purposes shall have the same
powers and authority of a sheriff in executing process of a supe-
rior court. The city clerk or deputy clerk shall act as clerk of
the recorders court.
Section 3.07. Other officers and employees. After re-
ceiving the written recommendations of the mayor, the council
may establish by ordinance offices and positions of employment
and may abolish, combine, or modify them in accordance with
such recommendations. The powers and duties of such offices
GEORGIA LAWS 1985 SESSION
5045
and positions of employment may be defined by ordinance, and
if not defined by ordinance, shall be defined in formal rules
and regulations issued by the mayor as provided by this Act,
but in any event, the mayor and council may require officers
and employees of the city, except those appointed by and ac-
countable to the council, to perform such additional duties as
may be considered necessary by the mayor and council for the
proper and efficient conduct of the citys affairs. Public utilities
owned or operated by the city may be under the supervision
of the mayor and council and employees appointed by them,
or may be under boards or commissions appointed by and an-
swerable to the council, as provided by ordinance. The salaries
of all employees of the city shall be fixed by ordinance under
a pay plan applying uniformly to all employees having similar
responsibilities and doing like work.
Section 3.08. Appointment, suspension, and removal
of employees. All employees of the city, except as otherwise
provided in this Act, shall be appointed, promoted, demoted,
transferred, suspended, or removed by the mayor and council;
provided, however, that the city manager has the power to ap-
point, promote, transfer, suspend, or remove any employee with
the approval of the mayor and council. During a suspension,
an employees salary may be reduced or eliminated, as deter-
mined by the mayor and council. Before suspending for more
than 30 days or removing, the mayor and council shall serve
the employee with a written notice of intention to suspend or
remove him containing a clear statement of the grounds for
such proposed action and notification that the employee may
appeal to the city council by filing within ten days with the
city clerk written notice of such employees intention to do so.
The decisions of the city council in cases of such appeals by
employees shall be final.
Section 3.09. Oath of office. Before a person takes any
office in the city government, he shall take, subscribe to, and
file with the city clerk the following oath or affirmation:
"I solemnly swear (or affirm) that I will support the Con-
stitution and will obey the laws of the United States and
the State of Georgia; that I will, in all respects, observe
the provisions of the charter and ordinances of the City of
Grantville; and that I will faithfully discharge the duties
of the office of____________________
5046 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 3.10. Official bond. The mayor and every officer,
agent, and employee of the city having duties embracing the
receipt, disbursement, custody, or handling of money, and other
officers and employees, as may be required by ordinance, shall
give a fidelity bond or faithful performance bond, as provided
by ordinance, with some surety company authorized to do busi-
ness in the State of Georgia, as surety, in such amount as shall
be prescribed by ordinance, all such bonds and sureties hereto
shall be subject to approval by the council. The costs of such
bonds shall be paid by the city. All such bonds shall be kept
in the custody of the city manager or city clerk, except that
the city managers and the city clerks bonds shall be in the
custody of the mayor.
Section 3.11. Political activity prohibited. No officer
or employee of the city, other than the mayor and councilmen,
shall continue in the employment of the city after becoming a
candidate for nomination or election to any public office. No
person shall directly or indirectly give, render, or pay any
money, service, or other valuable consideration to any person
for or on account of or in connection with any test, appointment,
proposed appointment, promotion, or proposed promotion to any
office or position of the city government. No person shall orally,
by letter, or otherwise, solicit or be in any manner concerned
in soliciting any assessment, subscription, or contribution for
any political party or political purpose from any officer or em-
ployee of the city. An officer or employee of the city, other than
the mayor and councilmen, shall not make any contribution
to the campaign funds of any candidate in any city election
and shall not take any part in the management, affairs, or politi-
cal campaign of any city election, other than in the exercise
of his rights as a citizen to express his opinions and to cast
his vote. Any person who by himself or with others willfully
or corruptly violates any provisions of this section shall be guilty
of a misdemeanor and shall, upon conviction thereof, be pun-
ished by a fine and imprisonment for not more than one year,
or by a fine of not more than $500.00, or by both such fine
and imprisonment. Any person who is convicted under this sec-
tion shall be ineligible to hold any office or position of employ-
ment in the city government for a period of five years thereafter
and, if he is an officer or employee at the time of conviction,
shall immediately forfeit and vacate the office or position he
holds.
GEORGIA LAWS 1985 SESSION
5047
ARTICLE IV: FISCAL ADMINISTRATION
Section 4.01. Fiscal year. The fiscal year of the city gov-
ernment shall begin on the first day of October and shall end
on the thirtieth day of September of the next year, but another
fiscal year may be fixed by ordinance for the entire city govern-
ment or for any utility.
Section 4.02. Mayor to submit annual budget. On or
before the second Monday in September of each year, the mayor
shall submit to the council a proposed budget for the next fiscal
year showing separately for the general fund, each utility, and
each other fund the following:
(a) Revenue and expenditures during the preceding fis-
cal year;
(b) Appropriations and estimated revenue and expendi-
tures for the current fiscal year;
(c) Estimated revenue and recommended expenditures
for the coming fiscal year;
(d) A comparative statement of the assets, liabilities,
reserves, and surplus at the end of the preceding years and
estimated assets, liabilities, reserves, and surplus at the end
of the current fiscal year; and
(e) Such other information and data, such as work pro-
grams, and unit cost, in justification of recommended expen-
ditures, as may be considered necessary by the mayor or
requested by the council. The mayor may recommend and
estimate additional revenue measures, providing such esti-
mates are separated clearly from normal revenue estimates.
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, explana-
tions of major changes recommended for the next fiscal year,
a general summary of the budget, and such other comments
and information as he may deem pertinent. A sufficient num-
ber of copies of the mayors message shall be reproduced
to furnish a copy to any person desiring one, at the cost of
reproduction, and a copy of the budget in full shall be filed
with the council and furnished to each councilman.
5048 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 4.03. Public hearing. After receiving the bud-
get from the mayor, the council shall fix a time and place for
a public hearing thereon and shall cause a public notice thereof
to be posted at a public place designated by the council at least
ten days in advance of the date of the hearing. The public hear-
ing shall be held before the council at the stated time and place,
and all persons present shall be given an opportunity to be
heard.
Section 4.04. Action by council on budget. After the
public hearing and before the beginning of the ensuing fiscal
year, the council shall adopt an appropriation ordinance, based
on the mayors budget with such modifications as the council
considers necessary or desirable. Appropriations need not be
in more detail than a lump sum for each department and agency.
The council shall not make any appropriations in excess of esti-
mated revenue, except to provide for an actual emergency
threatening the health, property, or lives of the inhabitants
of the city, providing the council unanimously agrees there is
such an emergency. If emergency conditions prevent the adop-
tion of an appropriations ordinance before the beginning of the
new fiscal year, the appropriations for the last fiscal year shall
become the appropriations for the new fiscal year, subject to
amendment as provided in this section. Amendments may be
made to the council on five days notice posted at a public place
designated by the city council, provided that increased appropri-
ations may be made only after the mayor has certified in writing
that a sufficient amount of unappropriated revenue will be avail-
able, except for emergency appropriations as provided above,
any portion of an annual appropriation remaining unexpended
and unencumbered at the close of a fiscal year shall lapse and
be credited to the general fund, except that any balance remain-
ing in any other fund at the end of the fiscal year may remain
to the credit of that fund and be subject to further appropriation.
At the end of each quarter (three months), the mayor may
submit a detailed budget report to the council showing estimated
and actual receipts and budget expenditures or encumbrances
for that quarter and the fiscal year to the end of that quarter,
as well as the amount encumbered or expended in excess of
any of the itemized estimates or expenditures supporting the
appropriations.
GEORGIA LAWS 1985 SESSION
5049
Section 4.05. Centralized purchasing. All contracts
and purchases, except those that may be reserved to the council
by ordinance, shall be made by the city purchasing agent, who
shall be the mayor or an employee appointed by him. An expen-
diture or contract for more than $700.00 shall be made only
after publication, advertisement, and competition by sealed bids,
as prescribed by ordinance. An award shall be made to the lowest
and best bidder, provided that bids need not be required for
professional services or for services for which the rates or prices
are regulated by public authority. Competition by bids shall
be required for the purchase of equipment, materials, or supplies
from any other governmental agency.
Section 4.06. Sale of public property. The mayor may
sell, without taking bids, any city property which is obsolete,
surplus, or unusable, if the acquisition cost of such property
or the present fair market value did not exceed $500.00; but
sealed bids shall be taken or a public auction shall be held
for any sale of property having an acquisition cost of more than
$500.00, provided that any sale of real estate shall be subject
to approval by the council.
Section 4.07. Annual audit. The council shall employ
a certified public accountant or a registered public accountant
to make an annual audit of all financial books and records of
the city. The accountant shall file his report with the council,
at a time agreed to between him and the council, and shall
prepare a summary of the report which shall be posted in a
public place designated by the city council.
Section 4.08. Property taxes. All property subject to
taxation for state or county purposes, including the capital stock
of merchants and public service companies, assessed as of Janu-
ary 1 in each year, shall be subject to the property tax levied
by the city. The mayor and council by ordinance may elect to
use the county assessment or may provide for an independent
city assessment as provided by Georgia law; if an independent
city assessment is made, a board of tax assessors, consisting
of three persons appointed by the council, with compensation
fixed by ordinance, shall assess property subject to taxation by
the city. The mayor and council shall act as a board of equaliza-
tion and shall hear appeals of taxpayers taken within ten days
after the board of tax assessors has sent a notice by ordinary
5050 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
mail of a new or increased assessment, provided that such notice
shall not be required on appeals to be taken in the case of initial
city assessments that are the same as county assessments, except
as otherwise provided in this section. Appeals involving city
property assessments may be taken as provided by general law.
The mayor and council acting as the board of equalization may
increase or decrease the assessments of all property of the same
class by a uniform percentage, in which case individual notices
shall not be mailed, but a notice of such action shall be published
once in the official city newspaper. Such a blanket increase or
decrease shall not be subject to appeal.
Section 4.09. Tax levy. The council shall make a tax
levy expressed as a fixed rate per $1,000.00 of assessed valuation;
and, if no tax levy is made within 90 days prior to the tax
due date, the property tax rate in effect the last fiscal year
shall continue in effect as the tax rate for the new fiscal year.
Section 4.10. Tax due dates and tax bills. The due
dates of property taxes shall be fixed by ordinance. The city
shall send tax bills to taxpayers showing the assessed valuation,
amounts of taxes due, tax due dates, and information as to delin-
quency dates and penalties. Failure to send tax bills shall not,
however, invalidate any tax. Property taxes shall become delin-
quent after the due date, at which time a penalty of 10 percent
shall be added, and thereafter such taxes shall be subject to
$1.50 collection fee, plus interest at the rate of 12 percent per
annum on and after the date when such taxes become delin-
quent. The tax records of the city shall have the force and effect
of a judgment of a court of record. The city clerk may issue
an execution when such taxes become delinquent which may
be recorded in the general execution docket of said county.
Section 4.11. 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 and executed by a 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 on 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, and county taxes.
GEORGIA LAWS 1985 SESSION
5051
Section 4.12. Special assessment. The city may assess
all or part of the cost of constructing, reconstructing, widening,
or improving any public way, 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 to a penalty of 10
percent, and shall thereafter be subject to $1.50 collection fee
and interest at the rate of 12 percent per annum. 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.
Section 4.13. Disbursements by check. All disburse-
ments shall be made by checks signed by the city clerk or such
other persons as the mayor and council shall designate in their
discretion.
Section 4.14. Official depository. The council shall des-
ignate an official depository or depositories for deposit and safe-
keeping of the funds of the city and may require such collateral
security as it deems necessary.
ARTICLE V: MISCELLANEOUS
Section 5.01. Severability. In the event any section, sub-
section, 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 ad-
judged invalid or unconstitutional.
ARTICLE VI: REPEAL OF EARLIER CHARTER
Section 6.01. Specific repealer. An Act making Grant-
ville, in Coweta County, a town, approved August 1, 1912 (Ga.
5052 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
L. 1912, p. 925), and all amendatory Acts thereto, including
an Act making the Town of Grantville a city, approved February
18, 1959 (Ga. L. 1959, p. 2041), is repealed in its entirety.
ARTICLE VII: REPEAL OF LAWS
Section 7.01. 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
1985 session of the General Assembly of Georgia a Bill to adopt
a new Charter for the City of Grantville. The bill will repeal
and replace the Charter provided by an Act making Grantville
a Town, approved August 1, 1912 (Ga. Laws 1912, P. 925), as
amended. The Act will provide for the city limits, the corporate
powers, the manner of choosing the Mayor and Council, and
other city officials; the citys organization and personnel, physi-
cal administration, and other matters necessary and proper for
the city to conduct business as a municipal corporation, as well
as for other purposes.
This the 12th day of February, 1985.
The City of Grantville
By: Jack T. Camp
City Attorney
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 Newnan
Times Herald which is the official organ of Coweta County, on
the following date: February 14, 1985.
/s/ J. Crawford Ware
Representative,
77th District
GEORGIA LAWS 1985 SESSION
5053
Sworn to and subscribed before me,
this 27th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 28, 1985.
TOWN OF MORELAND NEW CHARTER.
No. 515 (House Bill No. 1080).
AN ACT
To create a new charter for the Town of Moreland; to provide
for the incorporation of the Town of Moreland; to provide for
the corporate limits; to provide for the corporate powers; to
provide definitions; to provide for a mayor and board of aider-
men; to provide for elections; to provide for organization and
personnel; to provide for fiscal administration; to provide for
all matters relative to the foregoing; to repeal an Act making
the Town of Moreland, approved August 12, 1911 (Ga. L. 1911,
p. 1409), as amended; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
ARTICLE I: GENERAL DEFINITIONS, TOWN LIMITS
AND CORPORATE POWERS
Section 1.01 Charter.
This Act shall constitute the whole Charter of the Town
of Moreland, Georgia, repealing and replacing the Charter pro-
5054 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
vided by an Act making Moreland, in Coweta County, a town,
approved August 12, 1911 (Ga. Laws 1911, Page 1409), as
amended, particularly by an Act approved March 23, 1977 (Ga.
Laws 1977, page 4095). The Town of Moreland, Georgia, in the
County of Coweta, and the inhabitants thereof, are hereby con-
stituted and declared a body politic and corporate by the name
and style of the Town of Moreland, 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 all such actions
whatsoever, and may have and use a common seal and change
it at pleasure.
Section 1.02 Definitions.
As used in this Act the following words and terms shall
have the following meanings:
(a) Town shall mean the Town of Moreland, Georgia.
(b) Alderman shall mean a person elected to the Board
of Aldermen as provided in this Act.
(c) Board of Aldermen shall mean the Mayor and each
Alderman.
(d) Nonpartisan shall mean without any designation of
candidates and members or candidates of any state, national
party or organization.
(e) At Large shall mean the entire Town as distinguished
from representation by wards or other districts.
(f) Public Way shall mean any land used as a passageway
including but not limited to streets, roads, highways, express-
ways, freeways, boulevards, avenues, parkways, alleys, lanes,
sidewalks, walks, bridges, viaducts, subways, underpasses, tun-
nels, and other thoroughfares, and, including the right of way
of such public ways.
(g) Code shall mean any publication or compilation of
rules, regulations, specification standards, limitations or re-
quirements by an agency of the Federal or State Government
or by a municipality, by a trade association or other organization
generally recognized as an authority in its field of activity.
GEORGIA LAWS 1985 SESSION
5055
(h) Agency shall mean any office, court, utility board, com-
mission, institution, or other organization in charge of adminis-
tering any public function or municipal affair of the Town.
(i) Officer shall mean and include the Mayor, Aldermen,
members of boards and commissions, and any other person clas-
sified as public officers by the laws or judicial decisions of this
state. An "officer as herein defined shall fill an office and an
employee shall fill a position of employment.
(j) Elector shall mean a person residing within the Town
who is qualified to vote therein.
(k) The masculine shall include the feminine, and the sin-
gular shall include the plural and vice versa.
(l) The word shall is mandatory, may is permissive.
Section 1.03. Town Limits.
(a) The corporate limits of said Town of Moreland shall
extend one-half of a mile in every direction from the northeast
corner of Victoria Drive and West Camp Street in said Town.
(b) In addition to the areas provided for above, the corpo-
rate limits for the Town of Moreland shall include the following:
(1) All that tract or parcel of land lying and being in Land
Lot 166 of the Second Land District of Coweta County, Georgia,
more particularly described as follows:
To find the POINT OF BEGINNING, BEGIN at the intersec-
tion of the South right of way of Ball Street and the West right
of way of U. S. Hwy. 29 and run thence 281.2 feet in an Easterly
direction along the South right of way of Ball Street to an iron
pin set at the POINT OF BEGINNING. From said POINT OF
BEGINNING, run thence South 1409'30" East a distance of
295.3 feet to an iron pin found; thence run North 8908' East
a distance of 222.8 feet to an iron pin set; thence run South
1409'30* East a distance of 146.7 feet to a flat iron found; thence
run North 88 East a distance of 511.8 feet to an iron pin set;
thence run north 1356T5* West a distance of 1,875.8 feet to
an iron pin set; thence run South 8714'30* West a distance
5056 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
of 516.1 feet to an iron found; thence run South 1409'30* East
a distance of 658 feet to an iron pin set; thence run South
0413'30* West a distance of 322.9 feet to an iron pin set on
the North right of way of Ball Street; thence run South 8911'30"
East a distance of 105.4 feet along the North right of way of
Ball Street to an iron pin set; thence run South 1409'30* East
a distance of 41.4 feet to an iron pin set on the South right of
way of Ball Street; thence run North 8911'30* West a distance
of 105.4 feet to a point on the South right of way of Ball Street;
thence run North 8938' West a distance of 120.5 feet to an
iron pin set on the South right of way of Ball Street at the
POINT OF BEGINNING.
This being the property of Edward L. and Runette Bledsoe
and being described in accordance with a plat entitled "Property
survey for Edward L. Bledsoe, dated 03/02/71, by Lum C. Hall,
Georgia Registered Surveyor.
(2) A certain tract or parcel of land lying and being in
the Second Land District of Coweta County, Georgia, and being
a certain subdivision of lot and land 155 and 166, in said district
known as the Puckett Place and subdivision being marked Nos.
46, 47, 48 and 49 on plat of same recorded in Clerks Office of
the Superior Court of Coweta County in Deed Book "U, Page
141, to which reference is had for full and complete description.
The same containing in the aggregate 19.98 acres, more or less.
A certain tract or parcel of land lying and being in Land
Lot 155 of the Second Land District of Coweta county, Georgia,
containing 11.1 acres, more or less, and more particularly de-
scribed, according to a survey and plat by J. William Ozmore,
C. S., dated 03/18/61, recorded in the Clerks Office, Coweta
Superior Court, in Plat Book 5, Page 87.
Section 1.04. Corporate Powers.
The corporate powers of the Town to be exercised by the
Mayor and Board of Aldermen shall include the following:
(a) To levy and provide for the assessment and collection
of taxes on all property subject to taxation.
(b) To levy and provide for the collection of the license
taxes on privileges, occupations, trades, and professions.
GEORGIA LAWS 1985 SESSION
5057
(c) To appropriate and borrow money to provide for pay-
ment of the debts of the Town, and to authorize the expenditures
of money for any municipal purpose or matter of national or
state interest.
(d) To acquire, dispose of, and hold in trust or otherwise,
any real, personal or mixed property, inside or outside the Town.
(e) To condemn property inside or outside the Town for
present or future use under the applicable provisions of Title
22 of the Official Code of Georgia, and its amendments, or
under other applicable public acts.
(f) To acquire, operate and dispose of public utilities, sub-
ject to the provisions of the applicable general laws.
(g) To grant franchises, or make contracts for public utili-
ties and public services. The Mayor and Board of Aldermen
may prescribe the rates, fares, regulations, and standards and
conditions of service applicable to the service to be provided
by the franchise grantee or contractor; provided, however, noth-
ing in this subsection shall be construed to apply to public utility
companies regulated by the Public Service Commission.
(h) To regulate the rates and services of public utilities
insofar as not in conflict with such regulations by the Public
Service Commission or other similar state or federal agency
having jurisdiction in such matters.
(i) To provide for the acquisition, construction, building,
operation and maintenance of public ways, parks, public
grounds, cemeteries, markets and market houses, public build-
ings, libraries, sewers, drains, sewerage treatment, airports, hos-
pitals, 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, for such pur-
poses, property may be taken under the applicable provisions
of Title 22 of the Official Code of Georgia, as amended, or
other applicable public acts.
(j) To prescribe standards of health and sanitation and to
provide for the enforcement of such standards.
5058 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(k) To provide for the collection and disposal of garbage,
rubbish and refuse. Charges may be imposed to cover the cost
of such services which, if unpaid, shall constitute a lien against
any property of persons served, which lien shall be second in
priority only to liens for county and town property taxes, and
shall be enforceable in the same manner and under the same
remedies as a lien for property taxes.
(l) To define, regulate and prohibit any acts, practice, con-
duct, or the use of property, detrimental, or likely to be detri-
mental, to the health, morals, safety, security, peace, conve-
nience or general welfare of the inhabitants of the Town.
(m) To establish minimum standards for and to regulate
building construction and repair; electrical wiring and equip-
ment; gas installation and equipment; plumbing; and housing
for the health, sanitation, cleanliness and safety of the inhabit-
ants of the Town and to provide for the enforcement of such
standards.
(n) To regulate and license weights and measures.
(o) To provide that persons given jail sentences in the Re-
corders Court shall work out such sentences in the streets or
any public works of the Town, or in a Town workhouse, estab-
lished for this purpose, as provided by Ordinance; or the Board
of Aldermen may provide for the commitment of Town prisoners
to the County Workhouse or jail, by agreement with the appro-
priate county officers.
(p) To regulate and license or prohibit the keeping or run-
ning at large of animals and fowl and to provide for the impound-
ment of the same in violation of any Ordinance or lawful order
and for their disposal by sale, gift, or humane killing, when
not redeemed as provided by Ordinance.
(q) To regulate and license vehicles operated for hire in
the Town, to limit the number of such vehicles, to require the
operation thereof to be licensed, to require liability insurance
on such vehicles in amounts described by Ordinance, and to
regulate and rent parking spaces and public ways for the use
of such vehicles.
GEORGIA LAWS 1985 SESSION
5059
(r) To levy and provide for the collection of special improve-
ments.
(s) To provide that violation of any Ordinance, rule or regu-
lation or Order shall be punishable as a misdemeanor.
(t) To exercise and enjoy all powers, functions, rights, privi-
leges and immunities necessary or desirable to promote or pro-
tect the safety, health, peace, security, good order, comfort, con-
venience, morals, and general welfare of the Town and its
inhabitants, and all implied powers necessary to carry into exec-
ution all powers granted in this Act as fully and completely
as if such powers were fully enumerated herein, no enumeration
of particular powers in this Act shall be held to be exclusive
of others nor restrictive of general words and phrases granting
powers but shall be held to be an addition to such powers unless
expressly prohibited to cities under the Constitution or applica-1
ble public acts of the State.
Section 1.05. Ordinances.
All ordinances, bylaws, rules, and regulations now in force
in said Town, not inconsistent with this Act are hereby declared
valid and of force until amended or repealed by the Mayor and
Board of Aldermen of the Town.
ARTICLE II: ELECTIONS, MAYOR, COUNCIL AND CLERK
Section 2.01 Registration of Electors.
The registration of electors of the Town of Moreland shall
be according to the Municipal Election Code of the State of
Georgia, Title 21 of the Official Code of Georgia.
The Town shall provide for the following matters by ordi-
nance pursuant to the Municipal Election Code:
(1) Compensation of Poll Officers;
(2) Voter Registration System;
(3) Procedures for Deciding Elector Challenges;
5060 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(4) Selecting Polling Places;
(5) Remuneration for Polling Place, Rent, Heat, etc.;
(6) Specifying dates of Elections.
Section 2.02 Qualifications and Election of Mayor and
Aldermen.
(a) Beginning with the calendar year 1985, an election shall
be conducted annually on the Tuesday following the first Mon-
day in November. On the election day in November, 1985, and
biennially thereafter, two Aldermen shall be elected. The terms
of office of each of the Aldermen shall be two years and until
their successors are elected and qualified. The two Aldermen
elected in November, 1985, will replace the two Aldermen pres-
ently serving whose terms expire in November, 1985. On election
day in November, 1986, and biennially thereafter, a Mayor and
two Aldermen shall be elected whose terms of office shall be
for two years and until their successors are elected and qualified.
The two Aldermen elected in November, 1986, will replace the
two Aldermen whose terms expire in November, 1986. At the
first regular meeting of the Mayor and Aldermen in each year,
they shall elect one of the number to serve as Mayor Pro Tem.
(b) The Mayor and Aldermen shall meet at least once each
month. The regular meeting shall be on the first Tuesday of
each month.
Section 2.03. Governing Body.
A Mayor and four (4) Aldermen shall constitute the Board
of Aldermen, in which is vested all the corporate, legislative
and other powers of the Town, except as otherwise provided
in this Act. The Board of Aldermen shall be the final judge of
the election and qualification of its members. The Board of Ald-
ermen shall hold regular meetings at a stated time and place,
as provided by Ordinance. The Board of Aldermen shall meet
in special sessions on written call of the Mayor, or any two
(2) Aldermen. This written call may be served on the other
members personally, or left at their residences, at least twelve
(12) hours in advance of the meeting. Such notice of a special
GEORGIA LAWS 1985 SESSION
5061
meeting shall not be required if the Mayor and all Aldermen
are present when the special meeting is called. Only the business
stated in the written call may be transacted at a special meeting,
except by unanimous consent by all members of the Board of
Aldermen. The Board of Aldermen shall exercise its powers
in public meetings. A majority of the Board of Aldermen shall
constitute a quorum. The Board of Aldermen may by Ordinance
adopt rules and bylaws to govern the conduct of its business,
including procedures and penalties for compelling the atten-
dance of the absent members. The Board of Aldermen may ex-
amine witnesses, order the production of books and papers, and
discipline persons for disorderly or contemptuous behavior in
the presence of the Board of Aldermen.
The Mayor and Board of Aldermen shall have the power
at their discretion to appoint a Town Manager who shall serve
at the Board of Aldermens pleasure. Said Town Manager shall
be the principal managerial aide to the Mayor and shall perform
such duties as may be assigned to him by the Mayor and Board
of Aldermen.
Section 2.04
The Board of Aldermen may determine by Ordinance the
annual salary of the Mayor and Aldermen provided that any
salary increase shall not be effective until after the taking of
office of those elected at the next regular municipal election.
The Mayor and Aldermen may receive their actual and neces-
sary expenses incurred in the performance of their duties of
office.
Section 2.05 Powers and Duties of Mayor.
The Mayor shall preside at meetings of the Board of Aider-
men, shall have a vote only in the case of a tie, shall be the
ceremonial head of the Town, shall sign Ordinances and Resolu-
tions for their final passage, shall sign Deeds, Bonds, and Con-
tracts when authorized by the Board of Aldermen to do so, shall
be the officer to accept process against the Town, and shall per-
form all other duties imposed by this Act and Ordinances not
inconsistent with this Act. Also, see Section 3.03, Administrative
Duties of Mayor.
5062 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2.06 Mayors Power to Veto Legislation.
Within seven (7) days after the adjournment of any Board
of Aldermens Meeting, the Town Clerk shall present to the
Mayor the record of proceedings of the meeting and all Ordi-
nances and Resolutions adopted at the meeting. The Mayor,
within seven (7) days of the receipt of an Ordinance or Resolu-
tion, shall return it to the Town Clerk, with or without his
approval, or with his veto. If an Ordinance or Resolution is
vetoed, the Mayor shall attach a written statement explaining
the reason for his veto. Ordinances or Resolutions vetoed by
the Mayor shall be considered at the next regular meeting of
the Board of Aldermen, and the Board of Aldermen may pass
the Ordinance over the veto by the affirmative vote of three
(3) of the Aldermen. The effective date of an Ordinance passed
over the Mayors veto shall not be less than fifteen (15) days
after the date of the final passage. The Mayors veto shall extend
to disapproving or reducing the individual appropriation items
in the budget or any Ordinance or Resolution, except appropria-
tions for auditing or investigating any part of the executive
branch. The Mayor shall not have the power to veto any emer-
gency Ordinance.
Section 2.07 Mayor Pro-Tem.
The Board of Aldermen at the first regular meeting after
the newly elected Aldermen have taken office following each
election shall elect from its membership a Mayor Pro-Tem for
a term of one (1) year. In the event that no Mayor Pro-Tem is
elected at such first regular meeting, or within five (5) ballots
taken within ten (10) days following the first meeting, the Aider-
man who received the highest number of votes when he was
last elected shall become Mayor Pro-Tem. The Mayor Pro-Tem
shall perform the duties of the Mayor during his absence or
his inability to act, and shall act as Mayor until the next regular
election for the office of Mayor, in which case a new Mayor
Pro-Tem shall be elected by a majority of votes of the Board
of Aldermen.
Section 2.08 Vacancy in Office of Mayor or Alderman.
(a) A vacancy shall exist if the Mayor or a Alderman re-
signs, dies, moves his residence from the Town, has been continu-
GEORGIA LAWS 1985 SESSION
5063
ously disabled for a period of six (6) months so as to prevent
him from discharging the duties of his office, or is convicted
of a felony in office, a felony in violation of this act or a violation
of the election laws of the State. The Board of Aldermen shall
appoint a qualified person to fill such vacancy until the next
election. In the case of a vacancy in the office of Mayor, a special
election shall be called and handled in the manner of general
elections as hereinbefore provided within forty-five (45) days
after the vacancy occurs.
(b) Any official who is indicted for a felony while in office
shall be suspended from official duties until disposition of the
charges.
Section 2.09 Restrictions on Aldermen.
The Board of Aldermen shall act in all matters as a body
and no member shall seek individually to influence the official
acts of the Mayor or any other officer or employee of the Town,
or direct or request the appointment of any person to, or his
removal from, any office or position of employment, or to inter-
fere in any way with the performance of the duties by the Mayor
or other officers or employees. The Board of Aldermen shall
communicate with the various agencies, officers, and employees
of the Town, except boards or commissions authorized by this
Act, solely through the Mayor, and shall not give orders to any
subordinates of the Mayor, either publicly or privately, nothing
herein contained shall prevent the Board of Aldermen from
conducting such inquiries into the operation of the town govern-
ment and the conduct of the town affairs as it may deem neces-
sary.
Section 2.10 Town Clerk.
The Town Clerk shall be appointed annually at the first
regular meeting of the Board of Aldermen by the Mayor subject
to confirmation of the Board of Aldermen and the Town Clerk
shall be responsible for keeping and preserving the Town Seal
and all the records of the Board of Aldermen; attending meetings
of the Board of Aldermen and keeping a journal of its proceed-
ings at such meetings, including the names of members present
and absent, the vote of each member on each question, on each
motion considered; preparing and certifying by ordinance; and
5064 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
performing such other duties as may be required by the Mayor
and Board of Alderman.
Section 2.11 Town Legislation.
Any action of the Board of Aldermen having a regulatory
or penal effect, relating to revenue or the expenditure of money,
or required to be authorized by ordinance under this Act, shall
be implemented only by ordinance. All ordinances shall be in
written form before being introduced. The affirmative vote of
a majority of the Board of Aldermen present and voting, shall
be required to pass any motion, resolution or ordinance, includ-
ing two (2) readings in the case of an Ordinance. Each ordinance,
before being adopted, shall be read at two (2) meetings not less
than one (1) month apart and shall take effect ten (10) days
after its adoption, except that, where an emergency exist and
the public safety and welfare required expediency, an ordinance
containing a full statement of the facts reasons for the emer-
gency may be made effective upon its adoption if approved by
at least three (3) of the four Board of Aldermen. No ordinance
relating to a franchise, exclusive contract or other special privi-
lege shall be passed as an emergency ordinance. Amendments
of ordinances and resolution or parts thereof shall be accom-
plished only by setting forth the complete section, sections, and
subsections in their amended form. A code may be adopted by
an ordinance which contains only a reference to its title, date,
and issuing organization and the Town Clerk shall file a copy
of the code in his office. The Town shall furnish a copy of any
such Code of Ordinances to any person for a reasonable fee
after adoption of a Code or Ordinance as provided in this section.
The Town Clerk shall number Ordinances consecutively in the
order of their final adoption and shall copy them into a perma-
nent record book used solely for this purpose and the Town
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 pre-
served by the Town Clerk, an abstract of the essential provisions
of each Ordinance shall be posted in a public place within ten
(10) days after its adoption, except that only the title shall be
so posted of a Code adopted by reference as provided in this
section.
GEORGIA LAWS 1985 SESSION
5065
Section 2.12 Rules and Regulations.
The board of Aldermen may by Ordinance authorize officers
and agencies of the Town to promulgate formal rules and regula-
tions within their respective jurisdictions, subject to such restric-
tions and standards of guidance as the Board of Aldermen may
prescribe. No such formal rule or regulation shall take effect
until it is filed with the Town Clerk, who shall file and preserve
the original copy in his office. Amendments of such rules and
regulations shall be accomplished only by setting forth complete
sections or subsections in their amended form.
ARTICLE III: ORGANIZATION AND PERSONNEL
Section 3.01 Departments.
The Town government may be organized into the following
departments:
Police Department
Utility Department
Administrative Department
Street and Public Works Department
The Utility Department will be composed of the gas system,
water system, and electrical system.
Unless and until otherwise provided by Ordinance, the
Mayor shall, on the first Tuesday in January of each year, ap-
point a committee composed of the Aldermen duly qualified
and elected to oversee the functions of the various departments.
Section 3.02 Planning Commission.
There shall be a Planning Commission appointed by the
Mayor and Board of Aldermen of the Town of Moreland com-
prised of five (5) from the Town at Large. The Planning Commis-
sion so appointed shall serve as a recommending body to the
Mayor and Board of Aldermen and shall carry out those duties
as provided by Ordinance.
5066 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 3.03 Administrative Duties of Mayor.
The Mayor shall be the executive head of the Town govern-
ment responsible for the efficient and orderly administration
of the Towns affairs. The Mayor shall be responsible for the
enforcement of laws, rules and regulations, Ordinances, and
for franchises in the Town, and the Town attorney shall take
such legal actions as the Mayor may direct for such purposes.
The Mayor shall have the authority to appoint, promote, demote,
transfer, suspend, and remove all officers and employees and
to direct and control their work, except as otherwise provided
in this Act. The Mayor shall submit to the Board of Aldermen
annual budgets, reports, and such other information as he may
deem necessary or the Board of Aldermen may require. The
Mayor shall have authority to make allotments of funds within
the limits of appropriations and no expenditure shall be made
without his approval. If no other employee or official is desig-
nated as purchasing agent, The Mayor shall act as purchasing
agent for the Town. The Mayor may conduct inquiries and inves-
tigations into the conduct of the Towns affairs and shall have
such other powers and duties as may be provided by Ordinances
not inconsistent with this Act.
Section 3.04 Town Manager.
Should the post of Town Manager be filled, the Town Man-
ager shall be appointed by the Mayor and Board of Aldermen
who shall be the Chief Managerial aide to the Mayor. He shall
have the authority to appoint, promote, demote, transfer, sus-
pend, and remove all employees and to direct and control their
work except as otherwise provided in this Act. With the approval
of the Mayor and Board of Aldermen, he shall be responsible
for preparing for the Mayor and Board of Aldermen annual
budget reports and such other information as the Mayor and
Board of Aldermen may deem necessary and require. He shall
be the purchasing agent for the Town.
Section 3.05 Town Attorney.
The Mayor and the Board of Aldermen shall appoint a Town
Attorney, together with such Assistant Town Attorneys as may
be authorized by Ordinance. The Town Attorney shall be respon-
sible for representing and defending the Town in all litigation
in which the Town is a party, shall be the prosecuting officer
GEORGIA LAWS 1985 SESSION
5067
in the Recorders Court, and shall advise the Board of Aldermen,
Mayor and other officers and employees of the Town concerning
legal aspects of the Towns affairs.
Section 3.06 Recorders Court.
A. There may be a Recorders Court presided over by the
Recorder which shall have jurisdiction over violations of this
Act and the Ordinances of the Town. The Recorders Court shall
also have concurrent jurisdiction with that of a magistrate court
over offenses committed within the Town. The Recorders Court
shall be held in the Aldermen Chamber of said Town on the
first Monday in each month or at such other place and time
as the Board of Aldermen may by Ordinance designate. The
Mayor and Board of Aldermen shall appoint a Recorder to pre-
side over the Recorders Court who shall serve at the pleasure
of the Mayor and Board of Aldermen. The Mayor and Board
of Aldermen shall set the qualifications and compensation of
the Recorder. The Recorders Court shall have the power to
preserve order and compel attendance of witnesses, and to pun-
ish for contempt by imprisonment not exceeding ten days or
fine not exceeding One Hundred ($100.00) Dollars, one or both.
The Recorder shall have full power and authority upon convic-
tion to sentence any offender to labor upon the streets or other
public works in said Town for a period not to exceed five (5)
months, or to impose a fine, not exceeding One Thousand
($1,000.00) Dollars, or sentence said offender to be confined and
imprisoned in the guard house or other place of confinement
as may be designated by the Mayor and Board of Aldermen
for a period not exceeding five (5) months; either one or more
of said penalties may be imposed in the discretion of the Re-
corder.
B. Whenever a person is arrested under the provisions of
authority contained in this Act, or under the Ordinances passed
by authority of the same, it shall be lawful for him or her to
enter a good and sufficient bond, to be approved by the arresting
officer conditioned for the appearance of such person to answer
such charge when the same shall be heard, and shall be payable
to the Recorders Court, which bond shall be forfeited on the
nonappearance of the defendant, in the same manner in the
recorders court as penal bonds are forfeited in the county or
superior courts of this state, and the recorder is hereby empow-
5068 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ered to issue scire facias returnable before him in not less than
seven (7) days, nor more than thirty (30) days; when any defen-
dant shall fail to appear in terms of his bond upon the return
thereof, judgment against the defendant and his security shall
be entered as in State courts, and the sales of all property levied
on shall be conducted, advertised, and made as sales of property
under other executions issued by said town, and such judgment
and execution shall be in lien on all property of principal and
securities equal in dignity to the judgment and execution of
the several courts of this State of the same date and superior
in dignity to all judgments in this State rendered after the date
of such judgment of forfeiture.
C. The Mayor and Board of Aldermen of Moreland shall
have power and authority to organize one or more work gangs,
and to confine therein persons who have been sentenced by
the Recorders Court to work upon the streets, and they shall
have power to make all rules and regulations that may be suit-
able, usual, or necessary for the government or control of such
work gangs, and to enforce the same through its proper officers.
D. Except as provided in this Act, the authority and powers
and the procedure in the Recorders Court shall be the same
as provided by State law. Appeals from the Recorders Court
shall be to the Superior Court of Coweta County, in the same
manner as appeals from the Magistrate Court. Warrants, Sub-
poenas, and other processes of the Recorders Court shall be
executed by police officers of the Town, who, for such purposes
shall have the same powers and authority of a Sheriff in execut-
ing process of a Superior Court. The Town Clerk, or Deputy
Town Clerk, shall act as Clerk of the Recorders Court.
Section 3.07 Other Officers and Employees.
After receiving the written recommendations of the Mayor,
the Board of Aldermen may establish by Ordinance offices and
positions of employment and may abolish, combine, or modify
them in accordance with such recommendations. The powers
and duties of such offices and positions of employment may be
defined by Ordinance, and if not defined by Ordinance, shall
be defined in formal rules and regulations issued by the Mayor
as provided by this act, but in any event, the Mayor and board
of Aldermen may require officers and employees of the town,
except those appointed by and accountable to the Board of Alder-
GEORGIA LAWS 1985 SESSION
5069
men, to perform such additional duties as may be considered
necessary by the Mayor and Board of Aldermen for the proper
and efficient conduct of the Towns affairs. Public utilities owned
or operated by the Town may be under the supervision of the
Mayor and Board of Aldermen and employees appointed by
them, or may be under Boards or Commissions appointed by
and answerable to the Board of Aldermen, as provided by Ordi-
nance. The salaries of all employees of the Town shall be fixed
by Ordinance under a pay plan applying uniformly to all employ-
ees having similar responsibilities and doing like work.
Section 3.08 Appointment, Suspension, and Removal of Em-
ployees.
All employees of the Town except as otherwise provided in
this Act, shall be appointed, promoted, demoted, transferred,
suspended, or removed by the Mayor and Board of Aldermen;
provided, however, that the Town Manager has the power to
appoint, promote, transfer, suspend, or remove any employee
with the approval of the Mayor and Board of Aldermen. During
a suspension, an employees salary may be reduced or elimi-
nated, as determined by the Mayor and Board of Aldermen.
Before suspending for more than thirty (30) days or removing,
the Mayor and Board of Aldermen shall serve the employee
with a written notice of intention to suspend or remove him
containing a clear statement of the grounds for such proposed
action and notification that the employee may appeal to the
Board of Aldermen by filing within ten (10) days, with the Town
Clerk written notice of such employees intention to do so. The
decision of the Board of Aldermen in cases of such appeals by
employees shall be final.
Section 3.09 Oath of Office.
Before a person takes any office in the Town Government,
he shall take, subscribe to, and file with the Town Clerk the
following oath or affirmation:
"I solemnly swear (or affirm) that I will support the Constitu-
tion and will obey the laws of the United States and the
State of Georgia; that I will, in all respects, observe the
provisions of the Charter and Ordinances of the Town of
Moreland, and that I will faithfully discharge the duties
of the Office of_______________________________
5070 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 3.10 Official Bond.
The Mayor and every officer, agent, and employee of the
Town having duties embracing the receipt, disbursement, cus-
tody, or handling of money, and other officers and employees,
as may be required by Ordinance, shall give a fidelity bond or
faithful performance bond, as provided by Ordinance, with some
surety company authorized to do business in the State of Geor-
gia, as surety, in such amount as shall be prescribed by Ordi-
nance, all such bonds and sureties hereto shall be subject to
approval by the Board of Aldermen. The costs of such bonds
shall be paid by the Town. All such bonds shall be kept in the
custody of the Town Manager or Town Clerk except that the
Town Managers (or in the case of the Town Clerk) bond shall
be in the custody of the Mayor.
Section 3.11 Political Activity Prohibited.
No officer or employee of the Town, other than the Mayor
and Board of Aldermen, shall continue in the employment of
the Town after becoming a candidate for nomination or election
to any public office. No person shall directly or indirectly give,
render, or pay any money, service, or other valuable consider-
ation to any person for or on account of or in connection with
any test, appointment, proposed appointment, promotion, or pro-
posed promotion to any office or position of the Town govern^
ment. No person shall orally, by letter, or otherwise, solicit or
be in any manner concerned in soliciting any assessment, sub-
scription, or contribution for any political party or political pur-
pose from any officer or Employee of the Town. An officer or
employee of the Town, other than the Mayor and Board of Aider-
men, shall not make any contribution to the campaign funds
of any candidate in any Town election, and shall not take any
part in the management, affairs, or political campaign of any
Town election, other than in the exercise of his rights as a citizen
to express his opinions and to cast his vote. Any person who
by himself or with others willfully or corruptly violates any
provisions of this section shall be guilty of a misdemeanor and
shall upon conviction thereof be punished by a fine and imprison-
ment for not more than one (1) year, or a fine of not more
than Fifty ($50.00) Dollars, or by both such fine and imprison-
ment. Any person who is convicted under this section shall be
ineligible to hold any office or position of employment in the
GEORGIA LAWS 1985 SESSION
5071
Town government for a period of five (5) years thereafter, and
if he be an officer or employee at the time of conviction shall
immediately forfeit and vacate the office or position he holds.
ARTICLE IV: FISCAL ADMINISTRATION
Section 4.01 Fiscal Year.
The Fiscal year of the Town government shall begin on the
first day of January and shall end on the thirty-first day of
December of the next year, but another fiscal year may be fixed
by Ordinance for the entire Town government or for any utility.
Section 4.02 Mayor to Submit Annual Budget.
On or before the second Monday in December of each year,
the Mayor shall submit to the Board of Aldermen a proposed
budget for the next fiscal year, showing separately for the gen-
eral fund, each utility, and each other fund the following:
(a) Revenue and expenditures during the preceding fiscal
year;
(b) Appropriations and estimated revenue and expendi-
tures for the current fiscal year;
(c) Estimated revenue and recommended expenditures for
the coming fiscal year;
(d) A comparative statement of the assets, liabilities re-
serves, and surplus at the end of the preceding years and esti-
mated assets, liabilities, reserves, and surplus at the end of the
current fiscal year; and
(e) Such other information and data, such as work pro-
grams, and unit cost, in justification of recommended expendi-
tures, as may be considered necessary by the Mayor or requested
by the Board of Aldermen. The Mayor may recommend and
estimate additional revenue measures, providing such estimates
are separated clearly from normal revenue estimates. The bud-
get shall be accompanied by a message from the Mayor contain-
ing a statement of the general fiscal policies of the Town, the
important features of the budget, explanations of major changes
recommended for the next fiscal year, a general summary of
the budget and such other comments and information as he
may deem pertinent. A sufficient number of copies of the May-
5072 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ors message shall be reproduced to furnish a copy to any person
desiring one, at the cost of reproduction, and a copy of the budget
in full shall be filed with the Board of Aldermen and furnished
to each Alderman.
Section 4.03 Public Hearing.
After receiving the budget from the Mayor, the Board of
Aldermen shall fix a time and place for a public hearing thereon
and shall cause a public notice thereof to be posted at a public
place designated by the Board of Aldermen at least ten (10)
days in advance of the date of the hearing. The public hearing
shall be held before the Board of Aldermen at the stated time
and place, and all persons present shall be given an opportunity
to be heard.
Section 4.04 Action by Board of Aldermen on Budget.
After the public hearing and before the beginning of the
ensuing fiscal year, the Board of Aldermen shall adopt an appro-
priation ordinance, based on the Mayors budget with such modi-
fications as the Board of Aldermen considers necessary or desira-
ble. Appropriations need not be in more detail than a lump
sum for each department and agency. The Board of Aldermen
shall not make any appropriations in excess of estimated reve-
nue, except to provide for an actual emergency threatening the
health, property, or lives of the inhabitants of the Town; provid-
ing the Board of Aldermen unanimously agrees there is such
an emergency. If emergency Conditions prevent the adoption
of an appropriations ordinance before the beginning of the new
fiscal year, the appropriations for the last fiscal year shall be-
come the appropriations for the new fiscal year, subject to am-
endment as provided in this Section. Amendments may be made
to the council, on five (5) days notice posted at a public place
designated by the Board of Aldermen, provided that increased
appropriations may be made only after the Mayor has certified
in writing that a sufficient amount of unappropriated revenue
will be available, except for emergency appropriations as pro-
vided above, any portion of an annual appropriation remaining
unexpended and unencumbered at the close of a fiscal year shall
lapse and be credited to the general fund, except that any bal-
ance remaining in any other fund at the end of the fiscal year
may remain to the credit of that fund and be subject to further
appropriation.
GEORGIA LAWS 1985 SESSION
5073
At the end of each quarter (three months), the Mayor may
submit a detailed budget report to the Board of Aldermen, show-
ing estimated and actual receipts and budget expenditures or
encumbrances for that quarter and the fiscal year to the end
of that quarter, as well as the amount encumbered or expended
in excess of any of the itemized estimates or expenditures sup-
porting the appropriations.
Section 4.05 Centralized Purchasing.
All contracts and purchases, except those that may be re-
served to the Board of Aldermen by Ordinance, shall be made
by the Town purchasing agent, who shall be the Mayor or an
employee appointed by him. An expenditure or contract for more
than Seven Hundred ($700.00) Dollars, shall be made only after
publication, advertisement, and competition by sealed bids, as
prescribed by Ordinance. An award shall be made to the lowest
and best bidder; provided that bids need not be required for
professional services or for services for which the rates or prices
are regulated by public authority. Competition by bids shall
be required for the purchase of equipment, materials, or supplies
from any other governmental agency.
Section 4.06 Sale of Public Property.
The Mayor may sell, without taking bids, any Town property
which is obsolete, surplus, or unusable, if the acquisition cost
or the fair market value of such property does not exceed Five
Hundred ($500.00) Dollars, but sealed bids shall be taken, or
a public auction shall be held, for any sale of property having
an acquisition cost or fair market value of more than Five Hun-
dred ($500.00) Dollars; provided that any sale of real estate shall
be subject to approval by the Board of Aldermen.
Section 4.07 Annual Audit.
The Board of Aldermen may employ a certified public ac-
countant or a registered public accountant to make an annual
audit of all financial books and records of the Town. The accoun-
tant shall file his report with the Board of Aldermen, at a time
agreed to between him and the Board of Aldermen, and shall
prepare a summary of the report which shall be posted in a
public place designated by the Board of Aldermen.
5074 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 4.08 Property Taxes.
All property subject to taxation for state or county purposes,
including the capital stock of merchants and public service com-
panies, assessed as of January first in each year, shall be subject
to the property tax levied by the Town. The Mayor and Board
of Aldermen by Ordinance may elect to use the county assess-
ment or may provide for an independent Town assessment as
provided by Georgia law, if an independent town assessment
is made, a board of tax assessors, consisting of three (3) persons
appointed by the Board of Aldermen, with compensation fixed
by Ordinance, shall assess property subject to taxation by the
Town. The Mayor and Board of Aldermen shall act as a board
of equalization and shall hear appeals of taxpayers taken within
ten (10) days after the board of tax assessors has sent a notice
by ordinary mail of a new or increased assessment; provided
that such notice shall not be required on appeals to be taken
in the case of initial town assessments that are the same as
county assessments, except as otherwise provided in this section.
Appeals involving Town property assessments may be taken
as provided by general laws. The mayor and Board of Aldermen
acting as the board of equalization may increase or decrease
the assessments of all property of the same class by a uniform
percentage, in which case individual notices shall not be mailed,
but a notice of such action shall be published once in the official
town newspaper; such a blanket increase or decrease shall not
be subject to appeal.
Section 4.09 Tax Levy.
The Board of Aldermen shall make a tax levy expressed
as a fixed rate per One Thousand ($1,000.00) Dollars, of assessed
valuation, and if no tax levy is made within ninety (90) days
prior to the tax due date, the property tax rate in effect the
last fiscal year shall continue in effect as the tax rate for the
new fiscal year.
Section 4.10 Tax Due Dates and Tax Bills.
The due dates of property taxes shall be fixed by Ordinance.
The Town shall send tax bills to taxpayers showing the assessed
valuation, and amounts of taxes due, tax due dates, and informa-
tion as to delinquency dates and penalties. Failure to send tax
bills shall not, however, invalidate any tax. Property taxes shall
GEORGIA LAWS 1985 SESSION
5075
become delinquent after the due date, at which time a penalty
of ten (10%) percent shall be added and thereafter such taxes
shall be subject to One and One-half ($1.50) Dollars collection
fee, plus interest at the rate of Twelve (12%) Percent per annum
on and after the date when such taxes become delinquent, the
tax records of the Town shall have the force and effect of a
judgment of a court of record. The Town Clerk may issue an
execution when such taxes become delinquent which may be
recorded in the General Execution Docket of said County.
Section 4.11 Collection of Delinquent Taxes. The Board of
Aldermen may provide by Ordinance for the collection of delin-
quent taxes by Fi. Fa. issued by the Town Clerk and executed
by a police officer of the Town under the same procedure pro-
vided 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
which town 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,
and County taxes.
Section 4.12 Special Assessment.
The Town may assess all or part of the cost of constructing,
reconstructing, widening, or improving any public way, 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 thirty (30) days after their due dates shall thereupon
be subject to a penalty of Ten (10%) Percent and shall thereafter
be subject to One and One-Half ($1.50) Dollars collection fee
and interest at the rate of Twelve (12%) Percent per annum.
A lien shall exist against the abutting property superior to all
other liens, except that it shall be of equal dignity with liens
for county and town property taxes, and said lien shall be en-
forceable by the same procedures and under the same remedies
as provided in this Article for Town Property Taxes.
Section 4.13 Disbursements by Check.
All disbursements shall be made by checks signed by the
Town Clerk or such other persons as the Mayor and Board of
Aldermen shall designate in their discretion.
5076 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 4.14 Official Depository
The Board of Aldermen shall designate an official depository
or depositories for deposit and safekeeping of the funds of the
Town and may require such collateral security as it deems neces-
sary.
ARTICLE V: MISCELLANEOUS
Section 5.01 Severability.
If any article, section, subsection, paragraph, sentence, or
part thereof, of this Act shall be held to be invalid or unconstitu-
tional, such invalidity or unconstitutionality shall not affect or
impair other parts of this Act 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 act that each article, sec-
tion, subsection, paragraph, sentence, or part thereof, be enacted
separately and independently of each other.
ARTICLE VI: REPEAL OF EARLIER CHARTER
Section 6.01 Specific Repealer.
An Act making Moreland, in Coweta County, a Town, ap-
proved August 12,1911 (Ga. L. 1911, p. 1409), as amended, partic-
ularly by an Act approved March 23,1977 (Ga. L. 1977, p. 4095),
is hereby repealed in its entirety.
ARTICLE VII: REPEAL OF LAW
Section 7.01 Repealer.
All laws and parts of laws in conflict with this Act are hereby
repealed.
Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular
1985 session of the General Assembly of Georgia a bill to adopt
a new Charter for the Town of Moreland. The bill will repeal
and replace the Charter provided by an Act approved August
GEORGIA LAWS 1985 SESSION
5077
12, 1911 (Ga. Laws 1911, p. 1409), as amended. The Act will
provide for the city limits, the corporate powers, the manner
of choosing the Mayor and Board of Aldermen, and other city
officials; the citys organization and personnel, physical adminis-
tration, and other matters necessary and proper for the town
to conduct business as a municipal corporation, as well as for
other purposes.
This the 19th day of February, 1985.
The Town of Moreland
By: Jack T. Camp
City Attorney
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 21, 1985.
/s/ Claude A. Bray, Jr.
Representative,
91st District
Sworn to and subscribed before me,
this 27th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 28, 1985.
5078 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
HEARD COUNTY BOARD OF EDUCATION; ELECTIONS;
REFERENDUM.
No. 516 (House Bill No. 1088).
AN ACT
To provide for the election of members of the Heard 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; 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. (a) The Board of Education of Heard County
shall be composed of five members to be elected as provided
in this Act, except for the transition period provided for in Sec-
tion 3 of this Act. For the purpose of electing members of the
board, the Heard County school district shall be divided into
five education districts described as follows:
Education District No. 1 shall consist of the following
portion of the Heard County school district:
Beginning at the point of intersection of the Chattahoo-
chee River and the Heard/Coweta County line and thence
running in a southwesterly direction along the Chattahoo-
chee River to its point of intersection with the city limits
of the City of Franklin; thence running in a generally south-
erly and westerly direction along the city limits of the City
of Franklin to its point of intersection with the southern
city limits and the Chattahoochee River; thence running
in southeasterly direction along the Chattahoochee River
to the point of intersection of the Chattahoochee River with
the Heard/Troup County line; thence running in a north-
easterly direction along the Heard/Troup County line to the
southeast corner of Heard County and thence in a northwest-
erly direction along the Heard/Coweta County line to the
point of beginning.
GEORGIA LAWS 1985 SESSION
5079
Education District No. 2 shall consist of the following
portion of the Heard County school district:
Beginning at the point of intersection of the Chattahoo-
chee River and the Heard/Carroll County line and thence
running in a southwesterly direction along the Chattahoo-
chee River to its point of intersection with the Transconti-
nental Gas Pipeline; thence running in a southwesterly di-
rection along the Transcontinental Gas Pipeline to its point
of intersection with Centralhatchee Creek; thence running
in a northerly direction along the meanderings of Central-
hatchee Creek to its point of intersection with Deer Creek;
thence running in a northerly and northwesterly direction
along the meanderings of Deer Creek to its point intersection
with County Road 215; thence running in a northerly and
northwesterly direction along County Road 215 to its point
of intersection with County Road 43; thence running in a
northwesterly direction along County Road 43 to its point
of intersection with County Road 209; thence running in a
northerly direction along County Road 209 to its point of
intersection with County Road 216; thence running in a
northeasterly direction along County Road 216 to its point
of intersection with County Road 34; thence running in a
southeasterly direction along County Road 34 to its point
of intersection with County Road 31; thence running in a
northerly direction along County Road 31 to its point of
intersection with U. S. Highway 27; thence running in a
northerly direction along U. S. Highway 27 to its point of
intersection with the Heard/Carroll County line; thence run-
ning in an easterly direction along the Heard/Carroll County
line to the northeast corner of Heard County and the point
of beginning.
Education District No. 3 shall consist of the following
portion of the Heard County school district:
Beginning at the point of intersection of U. S. Highway
27 and the Heard/Carroll County line and thence running
in a southerly direction along U. S. Highway 27 to its point
of intersection with County Road 31; thence running in a
southerly direction along County Road 31 to its point of inter-
section with County Road 34; thence running in a northwest-
erly direction along County Road 34 to its point of intersec-
5080 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
tion with County Road 216; thence running in a southwest-
erly direction along County Road 216 to its point of
intersection with County Road 209; thence running in a
southerly direction along County Road 209 to its point of
intersection with County Road 43; thence running in an east-
erly and southerly direction along County Road 43 to its
point of intersection with County Road 215; thence running
in a southerly and westerly direction along County Road
215 to its point of intersection with Centralhatchee Creek;
thence running in a southeasterly direction along the mean-
derings of Centralhatchee Creek to its point of intersection
with Little Taylor Creek; thence running in a northerly and
easterly direction along the meanderings of Little Taylor
Creek to its point of intersection with County Road 49; thence
running in a southwesterly direction along County Road 49
to its point of intersection with State Route 100; thence run-
ning in a northwesterly direction along State Route 100 to
its point of intersection with County Road 71; thence running
in a southwesterly direction along County Road 71 to its
point of intersection with Hillabahatchee Creek; thence run-
ning in a northwesterly direction along the meanderings
of Hillabahatchee Creek to its point of intersection with the
Heard County/Alabama State line; thence running in a
northwesterly direction along the Heard County/Alabama
State line to the northwest corner of Heard County; thence
running east along the Heard/Carroll County line to its point
of intersection with U. S. Highway 27 and the point of begin-
ning.
Education District No. 4 shall consist of the following
portion of the Heard County school district:
Beginning at the point of intersection of the Chattahoo-
chee River and the Transcontinental Gas Pipeline and run-
ning in a southerly direction along the Chattahoochee River
to its point of intersection with the eastern city limits of
the City of Franklin; thence running in a southerly and
westerly direction along said city limits to their point of
intersection with the Chattahoochee River on the southern
city limits of the City of Franklin; thence running in a south-
erly direction along the Chattahoochee River to its point
of intersection with the Heard/Troup county line; thence
running in a southwesterly direction along the Heard/Troup
GEORGIA LAWS 1985 SESSION
5081
County line to its point of intersection with State Route
219; thence running in a northwesterly and northerly direc-
tion along State Route 219 to its point of intersection with
State Route 34; thence running in an easterly direction State
Route 34 to its point of intersection with an unnamed branch
which serves as the Franklin/Southwest Voting Precinct
boundary line; thence running in a northerly direction along
said boundary to its point of intersection with Hillabahat-
chee Creek; thence running in a northwesterly direction
along Hillabahatchee Creek to its point of intersection with
an unnamed branch which serves as the Franklin/Walnut
Hill Voting Precinct boundary line; thence running north-
westerly along said boundary to its point of intersection with
County Road 210; thence running in a northwesterly direc-
tion along County Road 210 to its point of intersection with
County Road 55; thence running in a northwesterly direction
along County Road 55 to its point of intersection with State
Route 100; thence running in a Southeasterly direction along
State Route 100 to its point of intersection with County Road
49; thence running in a northeasterly direction along County
Road 49 to its point of intersection with Little Taylor Creek;
thence running in an easterly direction along the meander-
ings of Little Taylor Creek to its point of intersection with
Centralhatchee Creek; thence running in a southeasterly
direction along the meanderings of Centralhatchee Creek
to its point of intersection with the Transcontinental Gas
Pipeline; thence running in a northeasterly direction along
the Transcontinental Gas Pipeline to its point of intersection
with the Chattahoochee River and the point of beginning.
Education District No. 5 shall consist of the following
portion of the Heard County school district:
Beginning at the point of intersection of Hillabahatchee
Creek with the Heard County/Alabama State line and
thence running in a southeasterly direction along Hillaba-
hatchee Creek to its point of intersection with County Road
71; thence running in a northeasterly direction along County
Road 71 to its point of intersection with State Route 100;
thence running in a southeasterly direction along State
Route 100 to its point of intersection with County Road 55;
thence running in a southwesterly direction along County
Road 55 to its point of intersection with County Road 210;
5082 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
thence running in a southeasterly direction along County
Road 210 to its point of intersection with an unnamed branch
which serves as the Walnut Hill/Franklin Voting Precinct
boundary; thence running in a southerly direction along said
boundary line to its point of intersection with Hillabahat-
chee Creek; thence running in a southerly direction along
the meanderings of Hillabahatchee Creek to its point of in-
tersection with an unnamed branch which serves as the
Franklin/Southwest Voting Precinct boundary; thence run-
ning in a southerly direction along said boundary line to
its point of intersection with County Road 34; thence running
in a southwesterly direction along County Road 34 to its
point of intersection with County Road 219; thence running
in a southerly and easterly direction along County Road
219 to its point of intersection with the Heard/Troup County
line; thence running in a westerly direction along the Heard/
Troup County line to the southwest corner of Heard County;
thence running in a northerly direction along the Heard
County/Alabama State line to its intersection with Hillaba-
hatchee Creek and the point of beginning.
(b) Any part of the Heard County school district which is
not included in any education district described in subsection
(a) of this section shall be included within that education 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) 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 the per-
son is a legal resident. The board member representing each
education district shall be elected by a majority of the voters
voting within each respective education district.
(b) 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 and has been a resident of the territory embraced within
the education district from which that person offers as a candi-
date for at least one year immediately preceding the date of
the election. In the event a member moves the members resi-
GEORGIA LAWS 1985 SESSION
5083
dence from the education district the member represents, the
members place on the board shall immediately become vacant.
(c) Except for the transition period provided for in Section
3 of this Act, 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 3. (a) The first members of the board from Educa-
tion Districts 1, 3, and 5 shall be elected at the general election
of 1986 and shall take office on the first day of January, 1987,
for terms of four years and until their successors are elected
and qualified. The members elected from Education Districts
1, 3, and 5 at the 1986 general election shall be successors to
members of the heretofore existing grand jury appointed Board
of Education of Heard County as follows:
(1) The member elected from Education District 1
shall be the successor to the grand jury appointed mem-
ber whose regular term of office is scheduled to expire
in 1987 and the term of such grand jury appointed mem-
ber is shortened to expire on December 31, 1986;
(2) The member elected from Education District 3
shall be the successor to the grand jury appointed mem-
ber whose regular term of office is scheduled to expire
in 1985 and the term of such grand jury appointed mem-
ber is extended to expire on December 31, 1986; and
(3) The member elected from Education District 5
shall be the successor to the grand jury appointed mem-
ber whose regular term of office is scheduled to expire
in 1986 and the term of such grand jury appointed mem-
ber is extended to expire on December 31, 1986.
(b) For the period beginning on January 1,1987, and ending
on January 1, 1989, the Board of Education of Heard County
shall be composed of the three members from Education Dis-
tricts 1, 3, and 5, elected as provided in subsection (a) of this
section and the remaining two members of the heretofore exist-
ing grand jury appointed Board of Education of Heard County
whose successors shall be elected as provided in subsection (c)
of this section.
5084 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(c) The first members of the board from Education Districts
2 and 4 shall be elected at the 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.
The members elected from Education Districts 2 and 4 at the
1988 general election shall be successors to members of the
heretofore existing grand jury appointed Board of Education
of Heard County as follows:
(1) The member elected from Education District 2
shall be the successor to the grand jury appointed mem-
ber whose regular term of office is scheduled to expire
in 1989 and the term of such grand jury appointed mem-
ber is shortened to expire on December 31, 1988; and
(2) The member elected from Education District 4
shall be the successor to the grand jury appointed mem-
ber whose regular term of office is scheduled to expire
in 1988 and the term of such grand jury appointed mem-
ber is extended to expire on December 31, 1988.
(d) Successors and future successors to the members of the
board elected pursuant to subsections (a) and (c) of this section
shall be elected at the general election immediately preceding
the expiration of the respective terms of office and shall take
office on the first day of January immediately following their
election for terms of four years and until their successors are
elected and qualified.
Section 4. At the first regular meeting held in January
following each election of members of the board, beginning in
1987, the board shall elect from its own membership a chairman,
vice-chairman, and secretary. A member of the board shall be
eligible for election by the board to serve for successive terms
of office as an officer of the board.
Section 5. (a) In the event a vacancy occurs in the mem-
bership of the board by death, resignation, removal from the
district from which elected, or for any other cause and the unex-
pired term of office is six months or less, the remaining members
of the board shall appoint a qualified resident of the education
district wherein the vacancy occurred to fill such vacancy for
the unexpired term.
GEORGIA LAWS 1985 SESSION
5085
(b) If a vacancy occurs when the unexpired term is more
than six months, it shall be the duty of the election superinten-
dent of Heard County, within ten days after 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 education 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.
Section 6. Each member of the board shall be compensated
in the amount of $1,200.00 per year. The compensation of the
members of the board shall be payable from the funds of the
board.
Section 7. The Board of Education of Heard County shall
meet upon the call of the chairman, provided that the board
shall hold at least 12 meetings each year. A majority of the
members of the board may also call a meeting of the board.
Section 8. Not less than 30 nor more than 45 days after
the receipt of approval of this Act by the United States Depart-
ment of Justice, it shall be the duty of the election superinten-
dent of Heard County to issue the call for an election for the
purpose of submitting this Act to the electors of the Heard
County school district for approval or rejection. The superinten-
dent 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 immedi-
ately preceding the date thereof in the official organ of Heard
County. The ballot shall have written or printed thereon the
words:
"( ) YES Shall the Act providing for an elected
( ) NO board of education for the Heard
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
5086 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 9 of this Act;
but otherwise it shall be void and of no force and effect.
The expense of such election shall be borne by Heard 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 9. If this Act is approved at the election provided
for in Section 8 of this Act, it shall become effective as follows:
(1) The provisions of Section 3 of this Act shall be-
come effective as necessary to shorten and extend terms
of office and to elect three members of the Board of Educa-
tion of Heard County at the 1986 general election as
provided in said Section 3; and
(2) This Act shall become effective for all purposes
on January 1, 1987.
Section 10. All laws and parts of laws in conflict with this
Act are repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the
regular 1985 session of the General Assembly of Georgia a bill
to reapportion the election districts from which members of
the Heard County Board of Education are elected; to change
the membership of that board and the manner and time of elect-
ing the members; to change the terms of members; to provide
for a referendum; and for other purposes.
This 4th day of February, 1985.
Honorable J. Crawford Ware
Representative,
77th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, J. Crawford Ware, who,
GEORGIA LAWS 1985 SESSION
5087
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 fol-
lowing date: February 27, 1985.
/s/ J. Crawford Ware
Representative,
77th District
Sworn to and subscribed before me,
this 28th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 28, 1985.
TAYLOR COUNTY BOARD OF EDUCATION; ELECTIONS;
REFERENDUM.
No. 517 (House Bill No. 1098).
AN ACT
To amend an Act changing the number of members of the
county board of education of Taylor County, approved April
17,1975 (Ga. L. 1975, p. 3486), so as to provide for new education
districts; to provide for the election of members; to provide for
a referendum; to provide for severability; to repeal conflicting
laws; and for other purposes.
5088 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act changing the number of members of
the county board of education of Taylor County, approved April
17, 1975 (Ga. L. 1975, p. 3486), is amended by striking Section
2 in its entirety and inserting in lieu thereof a new Section 2
to read as follows:
"Section 2. For the purpose of electing members of the
county board of education of Taylor County, the Taylor
County School District shall be divided into five education
districts, as follows:
EDUCATION DISTRICT NO. 1
Commencing at the point where the centerline of County
Road No. 138 intersects with the centerline of Georgia State
Highway No. 137 and running thence in a westerly direction
along the centerline of Georgia State Highway No. 137 to
the point where the centerline of said highway intersects
with the City Limits of the City of Butler at a point located
on the northeast side of the City of Butler; thence in a north-
erly and westerly direction following the City Limits of the
City of Butler to the point where said City Limits intersects
with the centerline of Georgia State Highway No. 96 on
the west side of the City of Butler; thence in a westerly
direction following the centerline of Georgia State Highway
No. 96 to the point where the centerline of County Road
No. 64 intersects with the centerline of Georgia State High-
way No. 96; thence in a southerly direction along the center-
line of County Road No. 64 to the point where the centerline
of County Road No. 64 intersects with the centerline of Geor-
gia State Highway No. 137; thence in an easterly direction
following the centerline of Georgia State Highway No. 137
to the point where the centerline of Georgia State Highway
No. 137 intersects with the City Limits of the City of Butler
on the west side of the City of Butler; thence in a southerly
and easterly direction following the City Limits of the City
of Butler to the point where said City Limits intersects with
the centerline of U.S. Highway 19 on the south side of the
City of Butler; thence north along the centerline of U.S.
Highway 19 to the point where the centerline of Plantation
GEORGIA LAWS 1985 SESSION
5089
Drive intersects with the centerline of U.S. Highway 19;
thence west following the centerline of Plantation Drive to
the point of intersection of the centerline of Plantation Drive
and Hillside Drive; thence north along the centerline of Hill-
side Drive to the point of intersection of the centerline of
Hillside Drive and the centerline of Clover Lane; thence
west along the centerline of Clover Lane to the point of
intersection of the centerline of Clover Lane and the center-
line of Tower Street; thence north along the centerline of
Tower Street to the point of intersection of the centerline
of Tower Street and the centerline of Cedar Street; then
west along the centerline of Cedar Street to the point of
intersection with the centerline of Florence Street; thence
north and west along the centerline of Florence Street to
the point of intersection with the centerline of Charing Road;
thence continuing north across Charing Road and along the
centerline of Suncrest Drive to the point of intersection of
the centerline of Suncrest Drive and the centerline of How-
ard Road; thence west along the centerline of Howard Road
to the point of intersection with the centerline of Howard
Road and the centerline of Brentwood Drive; thence north
along the centerline of Brentwood Drive to the point of inter-
section of the centerline of Brentwood Drive and the center-
line of Columbus Road; thence east along the centerline of
Columbus Road to the point of intersection with the center-
line of West Main Street; thence continuing east along the
centerline of West Main Street to the point of intersection
with the centerline of West Main Street and the centerline
of Poplar Street; thence north along the centerline of Poplar
Street to the point of intersection with the Central of Georgia
Railroad; thence east along the Central of Georgia Railroad
to the point of intersection with Industrial Road; thence fol-
lowing the centerline of Industrial Road to the point of inter-
section of the centerline of Industrial Road and the center-
line of Hillcrest Circle; thence in a northeasterly direction
and then in a southerly direction following the centerline
of Hillcrest Circle to the point of intersection of the center-
line of Hillcrest Circle and the centerline of Railroad Street;
thence in an easterly direction along the centerline of Rail-
road Street to the point where the centerline of Railroad
Street intersects with the City Limits of the City of Butler
on the east side of Butler; thence in a southwesterly direction
along the City Limits of the City of Butler to the point where
5090 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
said City Limits intersects with the centerline of County
Road No. 247; thence in a southeasterly direction along the
centerline of County Road No. 247 to the point where the
centerline of County Road No. 247 intersects with the center-
line of County Road No. 251; thence in an easterly direction
along the centerline of County Road No. 251 to the point
where the centerline of County Road 251 intersects with
the centerline of County Road No. 166; thence in a northerly
direction along the centerline of County Road No. 166 to
the point where the centerline of County Road No. 166 inter-
sects with the centerline of County Road No. 151; thence
north along the centerline of County Road No. 151 to the
point where the centerline of County Road No. 151 intersects
with the centerline of Georgia State Highway No. 96; thence
west along the centerline of Georgia State Highway No. 96
to the intersection of the centerline of Georgia State High-
way No. 96 and the centerline of County Road No. 139;
thence north along the centerline of County Road No. 139
to the intersection of the centerline of County Road No. 139
and the centerline of County Road No. 141; thence east along
the centerline of County Road No. 141 to the intersection
of the centerline of County Road No. 141 and the centerline
of County Road No. 139; thence north along the centerline
of County Road No. 139 to the point where the center-
line of County Road No. 139 intersects with the centerline
of County Road No. 138; thence west along the centerline
of County Road No. 138 to the point of beginning.
EDUCATION DISTRICT NO. 2
Commencing at the point where the Central of Georgia
Railroad intersects with the Flint River on the east side of
Taylor County and running thence west along the Central
of Georgia Railroad to the intersection of the Central of
Georgia Railroad with the west City Limits of the City of
Reynolds; thence north along the west City Limits of the
City of Reynolds to the northwest corner of the City Limits
of the City of Reynolds; thence east along the north City
Limits of the City of Reynolds to the intersection of the
north City Limits of Reynolds with the centerline of Georgia
State Highway No. 128; thence north along the centerline
of Georgia State Highway No. 128 to the intersection of the
GEORGIA LAWS 1985 SESSION
5091
centerline of Georgia State Highway No. 128 and the center-
line of Georgia State Highway No. 263; thence west along
the centerline of Georgia State Highway No. 263 to the inter-
section of the centerline of Georgia State Highway No. 263
and the centerline of County Road No. 128; thence west along
the centerline of County Road No. 128 to the intersection
of the centerline of County Road No. 128 with Patsiliga
Creek; thence north along Patsiliga Creek to the intersection
of the centerline of Patsiliga Creek and County Road No.
124; thence west along the centerline of County Road No.
124 to the intersection of the centerline of County Road
No. 124 and the centerline of Georgia State Highway No.
137; thence south along the centerline of Georgia State High-
way No. 137 to the intersection of the centerline of Georgia
State Highway No. 137 and the centerline of County Road
No. 117; thence west and north along the centerline of
County Road No. 117 to the intersection of the centerline
of County Road No. 117 and the centerline of County Road
No. 254; thence west along the centerline of County Road
No. 254 to the intersection of the centerline of County Road
No. 254 and the centerline of County Road No. 116; thence
west along the centerline of County Road No. 116 to the
intersection of the centerline of County Road No. 116 and
the centerline of U.S. Highway 19; thence north along the
centerline of U.S. Highway 19 to the intersection of the cen-
terline of U.S. Highway 19 and Patsiliga Creek; thence north-
east along the centerline of Patsiliga Creek to the intersec-
tion of the centerline of Patsiliga Creek and the centerline
of Timms Creek; thence north and west along the centerline
of Timms Creek to the intersection of the centerline of
Timms Creek and the centerline of U.S. Highway 19; thence
north along the centerline of U.S. Highway 19 to the intersec-
tion of the centerline of U.S. Highway 19 and the centerline
of County Road No. 253; thence west along the centerline
of County Road No. 253 to the intersection of the centerline
of County Road No. 253 and the centerline of County Road
No. 99; thence north along the centerline of County Road
No. 99 to the intersection of the centerline of County Road
No. 99 and the centerline of County Road No. 101; thence
west along the centerline of County Road No. 101 to the
intersection with the Talbot and Taylor County Line located
in the northwest portion of Taylor County, Georgia; thence
5092 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
north and east following the Talbot - Taylor County Line
to the intersection of the Flint River; thence following the
centerline of the Flint River in a south and east direction
to the point of beginning.
EDUCATION DISTRICT NO. 3
Commencing at the intersection of the centerline of Geor-
gia State Highway No. 127 and the Macon and Taylor County
Line in the southeast portion of Taylor County, Georgia,
and running thence north and west along the centerline
of Georgia State Highway No. 127 to the intersection of the
centerline of Georgia State Highway No. 127 and the center-
line of Whitewater Creek; thence north and west along the
centerline of Whitewater Creek and at the fork of Whitewa-
ter Creek following the centerline of Big Whitewater Creek
to the intersection of the centerline of Big Whitewater Creek
and the centerline of Georgia State Highway No. 137; thence
east along the centerline of Georgia State Highway No. 137
to the intersection of the centerline of Georgia State High-
way No. 137 and the centerline County Road No. 64; thence
north along the centerline of County Road No. 64 to the
intersection of the centerline of County Road No. 64 and
the centerline of Georgia State Highway No. 96; thence east
along the centerline of Georgia State Highway No. 96 to
the intersection of the centerline of Georgia State Highway
No. 96 and the City Limits of the City of Butler; thence in
an east and north direction along the City Limits of the
City of Butler to the intersection of the City Limits and
the centerline of Georgia State Highway No. 137; thence
north and east along the centerline of Georgia State High-
way No. 137 to the intersection of the centerline of Georgia
State Highway No. 137 and the centerline of County Road
No. 114; thence north and west along the centerline of
County Road No. 114 to the intersection of the centerline
of County Road No. 114 and the centerline of County Road
No. 254; thence west along the centerline of County Road
No. 254 to the intersection of the centerline of County Road
No. 254 and the centerline of U.S. Highway 19; thence north
along the centerline of U.S. Highway 19 to the intersection
of the centerline of U.S. Highway 19 and Patsiliga Creek;
thence northeast along the centerline of Patsiliga Creek to
the intersection of the centerline of Patsiliga Creek and the
GEORGIA LAWS 1985 SESSION
5093
centerline of Timms Creek; thence north and west along
the centerline of Timms Creek to the intersection of the
centerline of Timms Creek and the centerline of U.S. High-
way 19; thence north along the centerline of U.S. Highway
19 to the intersection of the centerline of U.S. Highway 19
and the centerline of County Road No. 253; thence west along
the centerline of County Road No. 253 to the intersection
of the centerline of County Road No. 253 and the centerline
of County Road No. 99; thence north along the centerline
of County Road No. 99 to the intersection of the centerline
of County Road No. 99 and County Road No. 101; thence
west along the centerline of County Road No. 101 to the
intersection with the Talbot - Taylor County Line; thence
south and west along the Talbot - Taylor County Line to
the Marion - Taylor County Line; thence continuing south
along the Marion and Taylor County Line to the intersection
with the Schley and Taylor County Line; thence south and
east along the Taylor and Schley County Line to the intersec-
tion with the Taylor and Macon County Line; thence east
and north along the Taylor and Macon County Line to the
point of beginning.
EDUCATION DISTRICT NO. 4
Commencing at the point where the centerline of Georgia
State Highway No. 127 intersects with the Taylor - Macon
County Line, which point is located in the southeast portion
of Taylor County, Georgia, and running thence in a north
and west direction along the centerline of Georgia State
Highway No. 127 to the point where the centerline of Georgia
State Highway No. 127 intersects with Whitewater Creek;
thence north and west along the centerline of Whitewater
Creek and at the point where Whitewater Creek forks and
one prong is known as Little Whitewater Creek and the
other known as Big Whitewater Creek following the center-
line of Big Whitewater Creek to the point where the center-
line of Big Whitewater Creek intersects with the centerline
of Georgia State Highway No. 137; thence east along the
centerline of State Highway No. 137 to the point where the
centerline of State Highway No. 137 intersects with the City
Limits of the City of Butler on the west side of the City of
Butler; thence in a south and east direction along said City
Limits to the point where the City Limits of the City of
5094 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Butler intersects with the centerline of U.S. Highway 19;
thence north along the centerline of U.S. Highway 19 to
the point where the centerline of U.S. Highway 19 intersects
with the centerline of Plantation Drive in the City of Butler;
thence in a westerly direction along the centerline of Planta-
tion Drive to the point of intersection of the centerline of
Plantation Drive and the centerline of Hillside Drive; thence
north along the centerline of Hillside Drive to the point of
intersection of the centerline of Hillside Drive and the cen-
terline of Clover Lane; thence west along the centerline of
Clover Lane to the point of intersection of the centerline
of Clover Lane and the intersection of the centerline of Tower
Street; thence north along the centerline of Tower Street
to the intersection of the centerline of Tower Street and
the centerline of Cedar Street; thence west along the center-
line of Cedar Street to the point of intersection of the center-
line of Cedar Street and the centerline of Florence Street;
thence west along the centerline of Florence Street to the
intersection of the centerline of Florence Street and the cen-
terline of Georgia State Highway No. 137, also known as
Charing Road; thence continuing north along the centerline
of Suncrest Drive to the intersection of the centerline of
Suncrest Drive and the centerline of Howard Road; thence
west along the centerline of Howard Road to the intersection
of the centerline of Howard Road and Brentwood Drive;
thence north along the centerline of Brentwood Drive to
the intersection of the centerline of Brentwood Drive and
the centerline of Columbus Road; thence east along the cen-
terline of Columbus Road to the intersection of the centerline
of Columbus Road and the centerline of West Main Street;
thence east along the centerline of West Main Street to the
intersection of the centerline of West Main Street and the
centerline of Poplar Street; thence north along the centerline
of Poplar Street to the intersection of the centerline of Poplar
Street with the Central of Georgia Railroad; thence east
along the Central of Georgia Railroad to the point of intersec-
tion with the centerline of Industrial Road; thence east along
the centerline of Industrial Road to the intersection of the
centerline of Industrial Road and the centerline of Hillcrest
Circle; thence north and then south along the centerline
of Hillcrest Circle to the intersection of the centerline of
Hillcrest Circle and the centerline of Railroad Street; thence
east along the centerline of Railroad Street to the intersec-
GEORGIA LAWS 1985 SESSION
5095
tion of the centerline of Railroad Street and the City Limits
of the City of Butler on the east side of the City of Butler;
thence south and west along the City Limits of the City of
Butler to the intersection of the City Limits of Butler with
the centerline of County Road No. 247; thence south and
east along the centerline of County Road No. 247 to the
intersection of the centerline of County Road No. 247 and
the centerline of County Road No. 251; thence east along
the centerline of County Road No. 251 to the intersection
of the centerline of County Road No. 251 and the centerline
of County Road No. 165; thence south along the centerline
of County Road No. 165 to the intersection of the center-
line of County Road No. 165 and the centerline of County
Road No. 211; thence east along the centerline of County
Road No. 211 to the intersection of County Road No. 211
and the centerline of County Road No. 180; thence east along
the centerline of County Road No. 180 to the intersection
of the centerline of County Road No. 180 and the centerline
of Georgia State Highway No. 195; thence south and east
along the centerline of State Highway No. 195 to the inter-
section of the centerline of Georgia State Highway No. 195
and the centerline of County Road No. 183; thence south
and east along the centerline of County Road No. 183 to
the intersection of the Macon and Taylor County Line;
thence southwest along the Taylor And Macon County Line
to the point of beginning.
EDUCATION DISTRICT NO. 5
Commencing at the point where the Central of Georgia
Railroad intersects with the Flint River on the east side of
Taylor County and running thence west along the Central
of Georgia Railroad to the intersection of the Central of
Georgia Railroad with the west City Limits of the City of
Reynolds; thence north along the west City Limits of the
City of Reynolds to the northwest corner of the City Limits
of the City of Reynolds; thence east along the north City
Limits of the City of Reynolds to the intersection of the
north City Limits of Reynolds with the centerline of Georgia
State Highway No. 128; thence north along the centerline
of Georgia State Highway No. 128 to the intersection of the
centerline of Georgia State Highway No. 128 and the center-
line of Georgia State Highway No. 263; thence west along
5096 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
the centerline of Georgia State Highway No. 263 to the inter-
section of the centerline of Georgia State Highway No. 263
and the centerline of County Road No. 128; thence west along
the centerline of County Road No. 128 to the intersection
of the centerline of County Road No. 128 with Patsiliga
Creek; thence north along Patsiliga Creek to the intersection
of the centerline of Patsiliga Creek and County Road No.
124; thence west along the centerline of County Road No.
124 to the intersection of the centerline of County Road
No. 124 and the centerline of Georgia State Highway No.
137; thence south along the centerline of Georgia State High-
way No. 137 to the intersection of the centerline of Georgia
State Highway No. 137 and the centerline of County Road
No. 117; thence west and north along the centerline of
County Road No. 117 to the intersection of the centerline
of County Road No. 117 and the centerline of County Road
No. 254; thence west along the centerline of County Road
No. 254 to the intersection of the centerline of County Road
No. 254 and the centerline of County Road No. 116; thence
west along the centerline of County Road No. 116 to the
intersection of the centerline of County Road No. 116 and
the centerline of U.S. Highway 19; thence south along the
centerline of U.S. Highway 19 to the intersection of the cen-
terline of U.S. Highway 19 and the centerline of County
Road No. 254; thence east along the centerline of County
Road No. 254 to the intersection of the centerline of County
Road No. 254 and the centerline of County Road No. 114;
thence east along the centerline of County Road No. 114
to the intersection of the centerline of County Road No. 114
and the centerline of Georgia State Highway No. 137; thence
south along the centerline of Georgia State Highway No.
137 to the intersection of the centerline of Georgia State
Highway No. 137 and the centerline of County Road No.
138; thence east along the centerline of County Road No.
138 to the intersection of the centerline of County Road
No. 138 and the centerline of County Road No. 139; thence
south along the centerline of County Road No. 139 to the
intersection of the centerline of County Road No. 139 and
the centerline of County Road No. 141; thence southwest
along the centerline of County Road No. 141 to the intersec-
tion of the centerline of County Road No. 141 and the center-
line of County Road No. 139; thence south along the center-
line of County Road No. 139 to the intersection of the
GEORGIA LAWS 1985 SESSION
5097
centerline of County Road No. 139 and the centerline of
Georgia State Highway No. 96; thence east along the center-
line of Georgia State Highway No. 96 to the intersection
of the centerline of Georgia State Highway No. 96 and the
centerline of County Road No. 151; thence south along the
centerline of County Road No. 151 to the intersection of
the centerline of County Road No. 151 and the centerline
of County Road No. 166; thence south along the centerline
of County Road No. 166 to the intersection of the centerline
of County Road No. 166 and the centerline of County Road
No. 251; thence west along the centerline of County Road
No. 251 to the intersection of the centerline of County Road
No. 251 and the centerline of County Road No. 250; thence
south along the centerline of County Road No. 250 to the
intersection of the centerline of County Road No. 250 and
the centerline of County Road No. 165; thence south along
the centerline of County Road No. 165 to the intersection
of the centerline of County Road No. 165 and the centerline
of County Road No. 211; thence east along the centerline
of County Road No. 211 to the intersection of the centerline
of County Road No. 211 and the centerline of County Road
No. 180; thence east along the centerline of County Road
No. 180 to the intersection of the centerline of County Road
No. 180 and the centerline of Georgia State Highway No.
195; thence in a southwesterly direction along the centerline
of Georgia State Highway No. 195 to the intersection of the
centerline of Georgia State Highway No. 195 and the center-
line of County Road No. 183; thence southeast along the
centerline of County Road No. 183 to the Taylor - Macon
County Line; thence north and east following the Taylor
and Macon County Line to the intersection with the Flint
River; thence north along the centerline of Flint River to
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. As soon as possible after approval by the
United States Department of Justice of the new education
districts provided for in Section 2, but in no event later than
210 days after such final approval, the election superinten-
dent of Taylor County shall issue the call for a special elec-
5098 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
tion to elect the new members of the county board of educa-
tion of Taylor County. One member shall be elected from
each education district. Each candidate for election to the
county board of education shall reside in the education dis-
trict for which he or she is offering and shall be elected
only by the voters of such education district. The members
elected at the special election to fill the term which would
have begun January 1, 1985, shall take office immediately
upon certification of the results of the special election by
the Secretary of State and shall serve until December 31,
1988, and until their successors are elected and qualified.
The successors to such members shall be elected at the gen-
eral election in November, 1988, shall take office on the
first day of January following their election, and shall serve
for terms of four years and until their successors are elected
and qualified.
Section 3. Said Act is further amended by striking Section
4 and inserting in lieu thereof a new Section 4 to read as follows:
"Section 4. 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 Taylor County to issue the
call for an election for the purpose of submitting this Act
to the electors of the Taylor County School District for ap-
proval or rejection. The superintendent shall set the date
of such election for a day not less than 30 nor more than
60 days after the date of the issuance of the call. The superin-
tendent shall cause the date and purpose of the election to
be published once a week for two weeks immediately preced-
ing the date thereof in the official organ of Taylor County.
The ballot shall have written or printed thereon the words:
'( ) YES Shall the Act changing the manner
of electing the members of the county
( ) NO board of education of Taylor County
from three single-member and two at-
large districts to five single-member
districts with district voting be ap-
proved?
All persons desiring to vote for approval of the Act shall
vote 'Yes, and those persons desiring to vote for rejection
GEORGIA LAWS 1985 SESSION
5099
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 county
board of education of Taylor 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. 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 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
1985 session of the General Assembly of Georgia a bill to amend
an Act changing the number of members of the County Board
of Education of Taylor County, approved April 17, 1975 (Ga.
L. 1975, p. 3486) to reapportion the education districts; to provide
for election of members; to provide for a referendum; and for
other purposes.
This 14th day of February, 1985.
Ward Edwards
Representative,
112th District
5100 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 Taylor County
News which is the official organ of Taylor County, on the follow-
ing date: February 21, 1985.
/s/ Ward Edwards
Representative,
112th District
Sworn to and subscribed before me,
this 25th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved March 28, 1985.
COLUMBIA COUNTY BOARD OF COMMISSIONERS;
COMPENSATION; MEETINGS.
No. 541 (House Bill No. 1038).
AN ACT
To amend an Act creating a board of commissioners for Co-
lumbia County, approved March 21, 1980 (Ga. L. 1980, p. 3707),
as amended, so as to change provisions relating to compensation
of members of the board; to provide for meetings of the board;
to repeal conflicting laws; and for other purposes.
GEORGIA LAWS 1985 SESSION
5101
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act creating a board of commissioners for
Columbia County, approved March 21, 1980 (Ga. L. 1980, p.
3707), as amended, is amended by striking in its entirety subsec-
tion (a) of Section 5 and inserting in its place a new subsection
(a) to read as follows:
"(a) The chairman of the board of commissioners of Co-
lumbia County, Georgia, shall receive an annual salary of
$7,500.00, payable in equal monthly installments from
county funds. Each of the other members of said board shall
receive an annual salary of $3,600.00, payable in equal
monthly installments from county funds.
Section 2. 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. Said board of commissioners of Columbia
County shall meet at the courthouse in said county on the
first Tuesday of each month and at the governmental office
complex in Martinez on the third Tuesday of each month;
provided, however, that said board shall meet at such other
times as determined by the chairman or a majority of said
board of commissioners.
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
1985 session of the General Assembly of Georgia a bill to amend
an Act creating a board of commissioners for Columbia County,
approved March 21, 1980 (Ga. L. 1980, P. 3707), as amended,
so as to change provisions relating to the compensation commis-
sioners; to provide for meetings of the board; and for other pur-
poses.
5102 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This 16th day of February, 1985.
Honorable James P. Hill
Representative,
83rd District
Honorable 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 Columbia
News which is the official organ of Columbia County, on the
following date: February 20, 1985.
/s/ Warren D. Evans
Representative,
84th District
Sworn to and subscribed before me,
this 26th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved April 1, 1985.
GEORGIA LAWS 1985 SESSION
5103
McDuffie county tax commissioner;
COMPENSATION; CHIEF DEPUTY; VACANCIES.
No. 542 (House Bill No. 654).
AN ACT
To amend an Act consolidating the offices of tax receiver
and tax collector of McDuffie County into the office of tax com-
missioner of McDuffie County, approved March 27, 1972 (Ga.
L. 1972, p. 2543), as amended, particularly by an Act approved
April 6,1981 (Ga. L. 1981, p. 4094), so as to change the compensa-
tion provisions relating to the tax commissioner; to provide for
the appointment and duties of a chief deputy; to provide that
the chief deputy shall assume the duties of tax commissioner
in certain cases of absence or vacancy; 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 McDuffie County into the office of tax com-
missioner of McDuffie County, approved March 27, 1972 (Ga.
L. 1972, p. 2543), as amended, particularly by an Act approved
April 6, 1981 (Ga. L. 1981, p. 4094), 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) The tax commissioner of McDuffie
County shall receive an annual base salary of $25,000.00,
payable in equal monthly installments from the funds of
McDuffie County. All fees, commissions, costs, fines, percent-
ages, forfeitures, penalties, and other perquisites of whatever
kind received and collected by the tax commissioner shall
be received, collected, and held by him as public funds for
McDuffie County. Except as otherwise provided by law, the
tax commissioner shall pay over to the fiscal authority of
McDuffie County once each month all funds collected by
him with a detailed, itemized statement showing the collec-
tions and the sources from which such funds were collected.
The salary provided in this section for the tax commissioner
5104 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
shall be in lieu of all fees, commissions, costs, fines, percent-
ages, forfeitures, penalties, and other perquisites of whatever
kind, including those commissions allowed by Code Section
40-2-30 of the O.C.G.A., relating to compensation of tag
agents for the sale of license plates, and Code Section 48-
5-180 of the O.C.G.A., relating to commissions on taxes col-
lected.
(b) Any fees, commissions, costs, or other perquisites
to which the tax commissioner became entitled before Janu-
ary 1, 1985, shall be the property of the tax commissioner.
Beginning with the effective date of this Act, the tax commis-
sioner shall be compensated at such a monthly amount by
the county governing authority as would equal a $25,000.00
annual amount for 1985 if the tax commissioner had been
paid for a full calendar year.
(c) The tax commissioner shall also receive an annual
cost-of-living increase as follows: on the first day of January
of each year, beginning in 1986, if the Consumer Price Index,
as determined and published by the Bureau of Labor Statis-
tics of the United States Department of Labor, shall exceed
the Consumer Price Index for the previous January 1, the
existing compensation of the tax commissioner shall be in-
creased by the amount which results from multiplying the
existing base salary by the percentage increase in the Con-
sumer Price Index, not exceeding 4 percent. For the purposes
of this subsection only, the 'base salary of the tax commis-
sioner shall be computed at $25,000.00 January 1,1986, and
thereafter shall be computed at $25,000.00 plus cost-of-living
increases which have been made in prior years; provided,
however, that the total annual salary of the tax commis-
sioner shall not exceed $30,000.00.
(d) In addition to the salary provided in this section,
required contributions to the retirement system or fund of
which the tax commissioner is a member on the effective
date of this section shall be made by the county.
Section 2. Said Act is further amended by inserting imme-
diately following Section 3 a new section, to be designated as
Section 4, to read as follows:
GEORGIA LAWS 1985 SESSION
5105
"Section 4. (a) The tax commissioner shall be autho-
rized to appoint from among the assistants or deputies in
his office a chief deputy. Upon making the appointment,
the tax commissioner shall notify the county governing au-
thority, which shall record a copy of the appointment upon
its minutes. The tax commissioner shall appoint the chief
deputy at his will and pleasure, such appointment in no
event to extend beyond the term of office of the person mak-
ing the appointment. In the absence of the tax commissioner,
the chief deputy shall be authorized to act on behalf of the
tax commissioner in all matters pertaining to such office.
(b) If the person appointed as chief deputy resigns, if
the appointment is revoked, or if for any other reason the
appointment is vacant, the tax commissioner may appoint
a new chief deputy and shall notify the county governing
authority of the new appointment. The county governing
authority shall record a copy of the new appointment upon
its minutes.
(c) Notwithstanding Section 2 of this Act, if a vacancy
occurs in the office of tax commissioner, the person appointed
as chief deputy by the tax commissioner and certified to
the county governing authority shall assume the duties of
the office of tax commissioner, provided that the chief deputy
meets the qualifications for the office of tax commissioner.
The assumption of duties by the chief deputy shall continue
until the vacancy is filled by a special election or a general
election, as specified in subsection (b) of Code Section 15-6-
54 of the O.C.G.A.
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
1985 session of the General Assembly of Georgia a bill to amend
an Act consolidating the offices of tax receiver and tax collector
of McDuffie County into the office of tax commissioner of McDuf-
fie County, approved March 27, 1972 (Ga. L. 1972, p. 25431),
as amended, so as to change the compensation provisions relat-
ing to the tax commissioner; to provide for a chief deputy; and
for other purposes.
5106 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This 14th day of January, 1985.
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: January 16, 1985.
/s/ Warren D. Evans
Representative,
84th District
Sworn to and subscribed before me,
this 6th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved April 1, 1985.
GWINNETT COUNTY HOMESTEAD EXEMPTION FROM
GWINNETT COUNTY SCHOOL DISTRICT AD VALOREM
TAXES; REFERENDUM.
No. 754 (House Bill No. 841).
AN ACT
To provide an exemption from Gwinnett County School Dis-
trict ad valorem taxes for the full value of homesteads of resi-
GEORGIA LAWS 1985 SESSION
5107
dents of the Gwinnett County School District who are 65 years
of age or over; to specify the terms and conditions of the exemp-
tion and the procedures relating thereto; to provide for a referen-
dum; to provide effective dates; to repeal conflicting laws; and
for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. (a) Each resident of the Gwinnett County
School District who is 65 years of age or over and who meets
the requirements of subsection (b) of this section is granted an
exemption from all Gwinnett County School District ad valorem
taxes, including but not limited to taxes to retire school bond
indebtedness, for the full value of that residents homestead,
as defined and qualified in Code Section 48-5-40 of the O.C.G.A.,
except that land which is included in that homestead and which
exceeds one acre shall not have the value thereof exempt under
this Act.
(b) The exemption provided by this Act shall not be granted
unless the resident has owned and resided on that homestead
for at least the immediately preceding 24 months and unless
the residents net income, together with the net income of that
residents spouse who also occupies and resides at such home-
stead, as net income is defined by Georgia law, from all sources,
except as provided otherwise in this section, does not exceed
$25,000.00 for the immediately preceding taxable year for in-
come tax purposes. For the purposes of this Act, 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 that individu-
als 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 Act.
Section 2. The exemption granted by this Act shall not
apply to or affect any county taxes for county purposes, state
taxes, or municipal taxes.
5108 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 3. The exemption granted by this Act shall be in
lieu of and not in addition to any other homestead exemption
from Gwinnett County School District ad valorem taxes.
Section 4. The exemption granted by this Act shall be
claimed and returned as provided in Code Section 48-5-50.1 of
the O.C.G.A. Any person who, as of January 1,1987, has applied
for and is eligible for the exemption provided persons 65 years
of age or over pursuant to Code Section 48-5-47 of the O.C.G.A.
or pursuant to a constitutional amendment providing homestead
exemptions from Gwinnett County ad valorem taxes (Ga. L.
1981, p. 1921) shall be eligible for the exemption granted by
this Act without further application if that person has applied
for and been eligible for the immediately preceding two years
for either such exemption on the homestead for which an exemp-
tion may be granted by this Act.
Section 5. The tax commissioner of Gwinnett County shall
provide application forms for the exemption granted by this
Act and shall require with the initial application an affidavit
by the owner as to the age and income of the owner, the income
of the owners spouse who resides at the homestead, and such
other information as may be necessary to determine the eligibil-
ity of the owner for the exemption.
Section 6. The exemption granted by this Act shall apply
to all taxable years beginning after December 31, 1986.
Section 7. The exemption granted by this Act shall be ad-
ministered and granted in the same manner as the exemption
granted pursuant to Code Section 48-5-52, and unless otherwise
expressly provided in this Act, all provisions of general law
which apply to that exemption shall apply to the exemption
granted by this Act.
Section 8. Not less than 30 nor more than 60 days prior
to the date of the general election in 1986, it shall be the duty
of the election superintendent of Gwinnett County to issue the
call for an election for the purpose of submitting this Act to
the electors of the Gwinnett County School District for approval
or rejection. The superintendent shall set the date of such elec-
GEORGIA LAWS 1985 SESSION
5109
tion for the date of the general election in 1986. The superinten-
dent shall cause the date and purpose of the election to be pub-
lished once a week for two weeks immediately preceding the
date thereof in the official organ of Gwinnett County. The ballot
shall have written or printed thereon the following:
"( ) YES Shall the Act providing an exemption
from Gwinnett County School Dis-
trict ad valorem taxes for the full
( ) NO value of homesteads of residents of
that district who are 65 years of age
or over 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
7 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 Gwinnett
County. It shall be the duty of the superintendent to hold and
conduct such election. It shall be the superintendents further
duty to certify the result thereof to the Secretary of State.
Section 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
1985 regular session of the General Assembly of Georgia a bill
to provide an exemption from Gwinnett County School District
ad valorem taxes for the full value of homesteads of residents
of the Gwinnett County School District who are 65 years of
age or over; to specify the terms and conditions of the exemption
and the procedures relating thereto; to provide for a referendum;
to provide effective dates; to repeal conflicting laws; and for
other purposes.
5110 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This 11th day of Feb., 1985.
/s/ Vinson Wall
Representative,
61st District
/s/ Charles Martin
Representative,
60th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Vinson Wall, who, on oath,
deposes and says that he is Representative from the 61st District,
and that the attached copy of Notice of Intention to Introduce
Local Legislation was published in the Gwinnett Daily News
which is the official organ of Gwinnett County, on the following
date: February 11, 1985.
/s/ Vinson Wall
Representative,
61st District
Sworn to and subscribed before me,
this 12th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved April 10, 1985.
GEORGIA LAWS 1985 SESSION
5111
CITY OF MARIETTA ANNEXATION; MEETINGS OF THE
COBB COUNTY LEGISLATIVE DELEGATION.
No. 756 (Senate Bill No. 23).
AN ACT
To amend an Act reincorporating the City of Marietta in
Cobb County and creating a new charter for said city, approved
March 23, 1977 (Ga. L. 1977, p. 3541), as amended, so as to
provide for meetings of the Cobb County legislative delegation
to determine policy relative to annexation by the City of Mar-
ietta; to provide for any matters relative thereto; to provide
for the repeal of this Act; to repeal conflicting laws; and for
other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act reincorporating the City of Marietta
in Cobb County and creating a new charter for said city, ap-
proved March 23, 1977 (Ga. L. 1977, p. 3541), as amended, is
amended by adding between Section 1.4 and 1.5 a new Section
1.4A to read as follows:
"Section 1.4A. (a) As used in this section, 'Cobb
County legislative delegation means the members of the
General Assembly whose Senatorial or Representative dis-
tricts lie wholly or partially within Cobb County.
(b) It shall be the duty of the Cobb County legislative
delegation to meet during the period from the close of the
1985 regular session of the General Assembly until Decem-
ber 31, 1985, for the purpose of finding an acceptable policy
relative to the annexation of territory by the City of Marietta
pursuant to general laws. The Cobb County legislative dele-
gation shall meet with the governing authority of Cobb
County, the Cobb County Board of Education, the governing
authority of the City of Marietta, and representatives of
the Cobb County Municipal Association in seeking to estab-
lish the policy provided for above.
(c) Without limiting the policy findings of the Cobb
County legislative delegation, it is specifically provided that
5112 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
said delegation shall give consideration to the following pol-
icy alternatives:
(1) The creation of an annexation advisory commis-
sion to consider the effect of any proposed annexation
by the City of Marietta and to make recommendations
to the city and other interested parties relative to such
annexation; or
(2) The establishment of territorial limitations on
future annexation by the City of Marietta.
(d) The Cobb County legislative delegation shall meet
by not later than June 1, 1985, for the purposes specified
by this section and shall establish a regular schedule of meet-
ings for such purpose at the first meeting of such delegation.
Section 2. This Act shall expire on December 31, 1985,
and on that date this Act shall stand repealed in its entirety.
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 1985 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 4th day of January, 1985.
Roy E. Barnes,
Haskew Brantley,
Jim Tollison,
Carl Harrison,
Joe Mack Wilson,
A. L. Burruss,
Steve Thompson,
Terry Lawler,
Fred Aiken,
Johnny Isakson,
Bill Atkins,
Frank Johnson,
Tom Wilder,
Bill Cooper.
GEORGIA LAWS 1985 SESSION
5113
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 4, 1985.
/s/ Carl Harrison
Senator,
37th District
Sworn to and subscribed before me,
this 14th day of January, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved April 12, 1985.
CITY OF MARIETTA CORPORATE LIMITS.
No. 757 (House Bill No. 72).
AN ACT
To amend an Act reincorporating the City of Marietta, ap-
proved March 23,1977 (Ga. L. 1977, p. 3541), as amended, partic-
ularly by an Act approved March 28,1984 (Ga. L. 1984, p. 5004),
so as to change the corporate limits of the City of Marietta;
to provide for related matters; to repeal conflicting laws; and
for other purposes.
5114 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act reincorporating the City of Marietta,
approved March 23, , 1977 (Ga. L. 1977, p. 3541), as amended,
particularly by an Act approved March 28, 1984 (Ga. L. 1984,
p. 5004), is amended by striking subsection (d) of Section 1.4,
relating to the corporate limits of the city, and inserting in
its place a new subsection (d) to read as follows:
"(d) On and after the effective date of this subsection,
the corporate limits shall include those portions of the terri-
tory added to the corporate limits by an Act set out at Ga.
Laws 1984, p. 5004, which are listed in this subsection; and
on and after the effective date of this subsection the corporate
limits of the city shall not include any portion of such terri-
tory which is not listed in this subsection. The portions of
such territory which shall be within the corporate limits
are as follows:
Tract Number 1
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 degrees 26 minutes west 1,328.61 feet to the point
of beginning.
GEORGIA LAWS 1985 SESSION
5115
Tract Number 2
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 south-
east 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 contain-
ing in the aggregate 98.66 acres.
Tract Number 3
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 begin-
ning 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 4
All the certain parcel of land situate in Cobb County,
State of Georgia, described as follows: 86 acres of land
5116 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
lot No. 284 of 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 run-
ning 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 dis-
tance 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 5
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 direc-
tion; containing 20 acres, more or less.
Tract Number 6
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
GEORGIA LAWS 1985 SESSION
5117
Section of Cobb County, Georgia, being all of that portion
lying south and west of 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 trian-
gular 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
49 1/2 acres, more or less.
Tract Number 7
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 degrees 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.
5118 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Tract Number 8
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, contain-
ing 25 acres, more or less.
Tract Number 9
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 fol-
lows: 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 de-
grees 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 de-
grees 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
GEORGIA LAWS 1985 SESSION
5119
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. 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 Mar-
ietta-Kennesaw Road; on the South by the right-of-way
of U. S. Highway 41.
Tract Number 10
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: be-
ginning 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
of said railroad; thence in a northeasterly direction along
said railroad right-of-way a distance of406 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
5120 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 11
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 12
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 prop-
erty formerly owned 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 de-
grees 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 Bat-
tlefield 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
GEORGIA LAWS 1985 SESSION
5121
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 13
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 fol-
lows: 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 14
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 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 South-
west 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
5122 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
of beginning, all of said tract or parcel of land containing
7.33 acres.
Tract Number 15
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 Dis-
trict 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, re-
corded in Deed Book 'K, page 596, of the records of Cobb
County, Georgia.
Tract Number 16
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 17
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 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-of-way 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 min-
GEORGIA LAWS 1985 SESSION
5123
utes 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 High-
way 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 18
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 Dis-
trict and Section, said Lot being more particularly de-
scribed as follows: beginning at the Southeast corner of
said original land lot and running thence north 89 de-
grees, 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 de-
grees, 25 minutes east along the line of Kennesaw Moun-
tain 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 prop-
erty of Mrs. Annie C. Young and G. W. Kirk to the South-
east 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.
5124 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Tract Number 19
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 Dis-
trict 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 south-
easterly 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 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
GEORGIA LAWS 1985 SESSION
5125
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. Hard-
age; and west by Lucius Hardage; and west by Lucius
Hardage and L. M. Channell and others.
Tract Number 20
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 particu-
larly 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 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 con-
veyed 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 21
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
5126 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 Battle-
field 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 East-
ern 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 22
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 Sec-
tion of Cobb County, Georgia, more particularly described
as follows: beginning at a point in the center of the Mar-
ietta-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 northwes-
terly direction following a ditch in said Land Lot No.
326 of the 20th District, 2nd Section to 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.
GEORGIA LAWS 1985 SESSION
5127
Tract Number 23
All that tract or parcel of land lying and being in Cobb
County, Georgia, being parts of Lots Number Two Hun-
dred Forty-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 hun-
dred thirty-six (936) of the Sixteenth (16th) District, Sec-
ond (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 inter-
sects the southern margin of said highway; thence in a
northeasterly and easterly direction following the south-
ern margin of the old Marietta-Kennesaw Highway to
the point where the said old road intersects the eastern
line of said Land Lot # 936; thence south along the east-
ern line of said Land Lot # 936 crossing the present
paved Dixie Highway four hundred twenty-eight (428)
feet to the property of the Kennesaw Mountain Battle-
field 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 Kenne-
saw 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 prop-
erty 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
5128 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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.
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 24
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: BEGIN-
NING 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 25
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 Marietta-Kennesaw Highway leaves highway,
GEORGIA LAWS 1985 SESSION
5129
and running in a northwestwardly direction through the
center of the old Marietta-Kennesaw Highway for a dis-
tance 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 settle-
ment road a distance of 175 feet to the middle of Old
Marietta-Kennesaw Highway; thence westwardly, run-
ning with the middle of the Old Marietta-Kennesaw
Highway; to the point of beginning, containing 6 acres,
more or less.
Tract Number 26
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 men-
5130 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
tioned 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 27
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:
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 de-
grees 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 de-
grees 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
GEORGIA LAWS 1985 SESSION
5131
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 de-
grees 17 minutes east 800.44 feet along the southerly
line of said Land Lot 321; thence north 1 degree 51 min-
utes 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 east-
erly line of said Land Lot 321 to the point of beginning,
containing 189.45 acres of land, more or less.
Tract Number 28
Parcel No. 1
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 de-
scribed 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 be-
tween 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 to the point of beginning; being approxi-
mately 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:
5132 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 prop-
erty 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 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 29
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: Begin-
ning 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 30
Commencing at a point in the center of Marietta-Dallas
Public Road and on the south land line of Lot No. 327
GEORGIA LAWS 1985 SESSION
5133
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 31
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 origi-
nal northwest corner of said Land Lot No. #283 and
running thence S88-52-20E 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 S88-46E
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 32
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
5134 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
and section, more particularly described as follows: Be-
ginning 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 min-
utes west along the east line of said Land Lot No. 320
a distance of six hundred ninety-eight and forty-five hun-
dredths (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; 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 33
All that tract or parcel of land situate, lying and being
in original Land Lot No. 289 of the 20th District and
GEORGIA LAWS 1985 SESSION
5135
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 dis-
tance of 571.5 feet to a point, which point in said road
is the beginning point of the land herein described;
thence 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 dis-
tance 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, con-
taining 28.71 acres.
Tract Number 34
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: Begin-
ning 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 tri-
angle shape and bounded on the south by lands of
5136 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 35
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:
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 fol-
lows:
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 hun-
dredths (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 36
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
GEORGIA LAWS 1985 SESSION
5137
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 feet to a point; thence north 82 de-
grees, 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 min-
utes 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
5138 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 37
All that tract or parcel of land, situate, lying and being
in the 19th and 20th Districts of Cobb County, Georgia,
and being 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 Dis-
trict 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 38
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.
GEORGIA LAWS 1985 SESSION
5139
Tract Number 39
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 No. 40
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."
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 1985 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 4th day of January, 1985.
Roy E. Barnes,
Haskew Brantley,
Jim Tollison,
Carl Harrison,
Joe Mack Wilson,
A. L. Burruss,
Steve Thompson,
Terry Lawler,
Fred Aiken,
Johnny Isakson,
Bill Atkins,
Frank Johnson,
Tom Wilder,
Bill Cooper.
5140 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Terry D. Lawler, who, on
oath, deposes and says that he is Representative from the 20th
District, and that the attached copy of Notice of Intention to
Introduce Local Legislation was published in the Marietta Daily
Journal which is the official organ of Cobb County, on the follow-
ing date: January 11, 1985.
/s/ Terry D. Lawler
Representative,
20th District
Sworn to and subscribed before me,
this 25th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved April 12, 1985.
STATE COURT OF DeKALB COUNTY ADDITIONAL
JUDGE.
No. 758 (House Bill No. 467).
AN ACT
To amend an Act creating the State Court of DeKalb County,
formerly known as the Civil and Criminal Court of DeKalb
County, approved February 14, 1951 (Ga. L. 1951, p. 2401), as
amended, particularly by an Act approved March 6,1956 (Ga. L.
1956, p. 3137), an Act approved March 27, 1972 (Ga. L. 1972,
p. 2862), and an Act approved March 31, 1976 (Ga. L. 1976, p.
GEORGIA LAWS 1985 SESSION
5141
3488), so as to add a judge to said court; to provide for the
appointment, election, and term of office of said additional judge
and successors to such judge; to continue the existing terms
of the present 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 DeKalb
County, formerly known as 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 6,
1956 (Ga. L. 1956, p. 3137), an Act approved March 27, 1972
(Ga. L. 1972, p. 2862), and an Act approved March 31, 1976
(Ga. L. 1976, p. 3488), is amended by striking Section 6 in its
entirety and substituting in lieu thereof a new Section 6 to
read as follows:
"Section 6. Effective July 1, 1985, there shall be four
judges of the State Court of DeKalb County. The judges in
office on July 1, 1985, shall continue to serve the terms of
office to which they were elected. The judge added by this
section shall be appointed by the Governor for an initial
term of office ending on December 31, 1986, and until his
successor is elected and qualified. Successors to the judges
in office on July 1, 1985, and successors to the judge added
in 1985 shall be elected at the general election in the year
in which their respective terms expire and shall serve a
term of four years and until their successor is elected and
qualified.
Section 2. This Act shall become effective on July 1, 1985,
except that the Governor is authorized to appoint the additional
judge added by Section 1 of this Act prior to such date but
any person so appointed shall not take office until such date.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Notice to Apply for Local Legislation.
An Act to amend an Act creating the State Court of DeKalb
County (formerly the Civil and Criminal Court of DeKalb
5142 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
County), approved February 14, 1951 (Ga. L. 1951, p. 2401), as
amended, to provide for an additional judge; to provide an effec-
tive date; to repeal conflicting laws; and for other purposes.
This the 9th day of January, 1985.
Jack B. Smith, Judge
State Court of DeKalb
County
Ralph E. Carlisle, Judge
State Court of DeKalb
County
Anne Workman, Judge
State Court of DeKalb
County
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 Dis-
trict, and that the attached copy of Notice of Intention to Intro-
duce Local Legislation was published in the Decatur-DeKalb
News/Era which is the official organ of DeKalb County, on the
following date: January 17, 1985.
/s/ Peggy Childs
Representative,
53rd District
Sworn to and subscribed before me,
this 24th day of January, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved April 12, 1985.
GEORGIA LAWS 1985 SESSION
5143
CITY OF MARIETTA DE-ANNEXATION OF PROPERTY.
No. 759 (House Bill No. 1009).
AN ACT
To amend an Act reincorporating the City of Marietta, ap-
proved March 23, 1977 (Ga. L. 1977, p. 3541), as amended, so
as to de-annex and exclude certain property from the 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 Marietta,
approved March 23, 1977 (Ga. L. 1977, p. 3541), as amended,
is amended by adding at the end of Section 1.4 thereof the follow-
ing:
"Any other provision of this Section to the contrary not-
withstanding, the following described property is hereby de-
annexed and excluded from the corporate limits of the City
of Marietta:
(1) All that tract or parcel of land lying and being
in Land Lots 261 and 332 of the 19th District, 2nd Section,
Cobb County, Georgia and being more particularly de-
scribed as follows:
BEGINNING at a point where the west line of Land
Lot 332 intersects the northwesterly right of way line
of Powder Springs Road; thence running north along the
west line of Land Lots 332 and 261 for a distance of
848.6 feet to a point; thence running south 76 degrees
33' east for a distance of 387.1 feet to a point; thence
running south 81 degrees 31' east for a distance of 442.1
feet to a point; thence running south 32 degrees 00' east
for a distance of 101.6 feet to a point; thence running
south 58 degrees 00' west for a distance of 150 feet to
a point; thence running south 32 degrees 00' east for a
distance of 175.0 feet to a point on the northwesterly
right of way line of Powder Springs Road.
5144 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(2) ALL that tract or parcel of land lying and being
in Land Lot 180,19th District, 2nd Section, Cobb County,
Georgia, being more particularly described as follows:
BEGINNING at an iron pin found at the intersection
of the west side of Cheatham Hill Road and the south
line of Land Lot 180; running thence northerly along
the westerly side of Cheatham Hill Road a distance of
159.75 feet to a point; continuing thence northerly along
the westerly side of Cheatham Hill Road a distance of
117.0 feet to an iron pin at the southeast corner of Lot
12 of Browns Corner Subdivision; running thence west-
erly along the south line of said Lot 12 a distance of
270.42 feet to an iron pin; running thence southeasterly
along the northeasterly line of the property now or for-
merly belonging to Martha M. Anderson a distance of
44.18 feet to an iron pin; continuing thence southeasterly
along the northeasterly line of said property now or for-
merly belonging to Martha M. Anderson a distance of
306.81 feet to an iron pin; continuing thence southeast-
erly along the northeasterly line of said property now
or formerly belonging to Martha M. Anderson a distance
of 41.49 feet to an iron pin on the south line of Land
Lot 180 at the point of beginning; said property being
more particularly shown on a plat of survey by Byron
D. Henning, Registered Land Surveyor, dated May 4,
1983, which plat is incorporated herein and made a part
of this description.
(3) All that tract or parcel of land lying and being
in Land Lot 180 of the 19th Land District, 2nd Section
of Cobb County, Georgia, and being designated as Parcel
'A on that plat of survey prepared by Donald Perryman,
RLS, dated November, 1983, and being more particularly
described as follows:
BEGINNING at an iron pin on the Northeasterly right
of way of Cheatham Hill Road, said iron pin being 394.15
feet from the intersection of the Northeasterly right of
way of Cheatham Hill Road and the line dividing Land
Lots 117 and 180; thence North 51 44' 48" East 368.39
feet to an iron pin; thence South 00 01' 06" West 194.74
feet to a point; thence South 44 37' 33" West 241.72
GEORGIA LAWS 1985 SESSION
5145
feet to an iron pin; thence North 40 43' 53" West 183.02
feet to the point of BEGINNING, containing 1.15 ACRES,
more or less.
(4) ALL THAT TRACT or parcel of land lying and
being in Land Lot 180 of the 19th Land District, 2nd
Section of Cobb County, Georgia and being designated
as Parcel 'B on that plat of survey prepared by Donald
Perryman, RLS, dated November, 1983, and being more
particularly described as follows:
BEGINNING at an iron pin on the Northeasterly right
of way of Cheatham Hill Road, said pin being 577.17
feet from the intersection of the Northeasterly right of
way of Cheatham Hill Road and the line dividing Land
Lots 117 and 180; thence North 44 37' 33" East 241.72
feet to a point; thence South 00 01' 06" West 315.84
feet to a concrete monument; thence North 82 38' 30"
West 19.53 feet to an iron pin; thence South 64 18' 50"
West 20.98 feet to an iron pin; thence North 41 08'
58" West 199.73 feet to the point of BEGINNING, con-
taining .69 ACRE, more or less.
(5) All that tract or parcel of land, lying and being
in Land Lot 180 of the 19th District, 2nd Section, Cobb
County, Georgia and being more particularly described
as follows:
BEGINNING at an iron pin on the northeasterly side
of the right of way of Cheatham Hill Road at its intersec-
tion with the north line Land Lot 180; running thence
north 89 degrees 05 minutes 20 seconds east along the
north line of Land Lot 180 a distance of 362.42 feet to
a concrete monument; continuing thence north 89 de-
grees 05 minutes 19 seconds east along the north line
of Land Lot 180 a distance of 132.57 feet to a concrete
monument found on the west line of Kennesaw Mountain
National Battlefield Park; running thence south 00 de-
grees 01 minute 06 seconds west along the west line of
Kennesaw Mountain National Battlefield Park a dis-
tance of 114 feet; running thence south 51 degrees 44
minutes 48 seconds west a distance of 368.39 feet to an
iron pin on the northeasterly side of the right of way
of Cheatham Hill Road; running thence north 41 degrees
5146 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
08 minutes 32 seconds west along the northeasterly side
of the right of way of Cheatham Hill Road a distance
of 49.94 feet to an iron pin; running thence in a north-
westerly direction along the northeasterly side of the
right of way of Cheatham Hill Road, following the arc
of the curvature thereof, a distance of 276.81 feet to a
point, which point is located north 31 degrees 30 minutes
47 seconds west a distance of 276.20 feet from the iron
pin at the last given point as measured along a chord;
running thence north 24 degrees 53 minutes 45 seconds
west along the northeasterly side of the right of way of
Cheatham Hill Road a distance of 67.40 feet to an iron
pin on the north line of Land Lot 180 at the point of
beginning, and being a tract of land containing 2.39 acres
as per plat of survey by Donald L. Perryman, Registered
Land Surveyor, dated November 16, 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 1985 Session of the General Assembly of Georgia, a
bill to amend an Act reincorporating the City of Marietta, Geor-
gia in Cobb County and creating new charter for said city ap-
proved March 23, 1977, (Ga. L. 1977, p. 35-41) and for other
purposes.
This 4th day of January, 1985.
Roy E. Barnes,
Haskew Brantley,
Jim Tollison,
Carl Harrison,
Joe Mack Wilson,
A. L. Burruss,
Steve Thompson,
Terry Lawler,
Fred Aiken,
Johnny Isakson,
Bill Atkins,
Frank Johnson,
Tom Wilder,
Bill Cooper.
GEORGIA LAWS 1985 SESSION
5147
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Terry D. Lawler, who, on
oath, deposes and says that he is Representative from the 20th
District, and that the attached copy of Notice of Intention to
Introduce Local Legislation was published in the Marietta Daily
Journal which is the official organ of Cobb County, on the follow-
ing date: January 11, 1985.
/s/ Terry D. Lawler
Representative,
20th District
Sworn to and subscribed before me,
this 26th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved April 12, 1985.
CITY OF MARIETTA CORPORATE LIMITS.
No. 760 (House Bill No. 1032).
AN ACT
To amend an Act reincorporating the City of Marietta, ap-
proved March 23,1977 (Ga. L. 1977, p. 3541), as amended, partic-
ularly by an Act approved March 28,1984 (Ga. L. 1984, p. 5004),
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:
5148 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 March 28, 1984 (Ga. L. 1984,
p. 5004), is amended by adding at the end of Section 1.4 a new
subsection (e) to read as follows:
"(e) The corporate limits of the city shall further in-
clude the following 3 tracts or parcels of land:
Tract Number 1
Church Street to 1-75 Connector
ALL THAT TRACT OR PARCEL OF LAND LYING AND
BEING IN LAND LOTS 929, 943, 944,1002 & 1015 OF THE
16th DISTRICT, 2nd SECTION OF COBB COUNTY, GEOR-
GIA AND BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
BEGINNING AT A POINT WHERE THE NORTHEAST-
ERLY RIGHT OF WAY LINE OF COBB PARKWAY (S.R.
#3E, U.S. 41) INTERSECTS THE NORTHWESTERLY
RIGHT OF WAY LINE OF S.R. #5 (CANTON HIGHWAY)
SAID POINT ALSO BEING ON THE PRESENT MARI-
ETTA CITY LIMIT LINE, THENCE RUNNING NORTH-
WESTERLY ALONG THE NORTHEASTERLY RIGHT
OF WAY LINE OF COBB PARKWAY FOR A DISTANCE
OF 40 FT. TO A POINT, THENCE RUNNING NORTH-
EASTERLY ALONG SAID RIGHT OF WAY LINE FOR A
DISTANCE OF 60 FT. TO A POINT, THENCE RUNNING
NORTHWESTERLY ALONG SAID RIGHT OF WAY LINE
FOR A DISTANCE OF 295 FT. TO A POINT ON THE
SOUTHEASTERLY RIGHT OF WAY LINE OF CHURCH
STREET-I-75 CONNECTOR, THENCE RUNNING NORTH-
ERLY AND NORTHEASTERLY ALONG SAID CONNEC-
TOR RIGHT OF WAY LINE FOR A TOTAL DISTANCE
OF 2520 FT. TO THE PRESENT MARIETTA CITY LIMITS
LINE, THENCE RUNNING NORTHWESTERLY ALONG
THE PRESENT MARIETTA CITY LIMIT LINE FOR A DIS-
TANCE OF 484.76 FT. TO A POINT, THENCE CONTINU-
ING ALONG SAID CITY LIMIT LINE FOR A DISTANCE
OF 220.57 FT. TO A POINT, THENCE CONTINUING
NORTHWESTERLY ALONG SAID CITY LIMIT LINE FOR
A DISTANCE OF 380.9 FT. TO A POINT, THENCE CON-
GEORGIA LAWS 1985 SESSION
5149
TINUING NORTHWESTERLY ALONG SAID CITY LIMIT
LINE FOR A DISTANCE OF 129.6 FT. TO A POINT ON
THE NORTHWESTERLY RIGHT OF WAY LINE OF
CHURCH STREET-I-75 CONNECTOR, THENCE RUN-
NING SOUTHERLY AND SOUTHWESTERLY ALONG
SAID CONNECTOR RIGHT OF WAY FOR A TOTAL DIS-
TANCE OF 2757.43 FT. TO A POINT ON THE NORTH-
EASTERLY RIGHT OF WAY LINE OF COBB PARKWAY,
THENCE RUNNING NORTHWESTERLY ALONG SAID
COBB PARKWAY RIGHT OF WAY LINE FOR A DIS-
TANCE OF 60.35 FT. TO A POINT, THENCE RUNNING
SOUTHWESTERLY FOR A DISTANCE OF 200 FT. TO A
POINT ON THE SOUTHWESTERLY RIGHT OF WAY
LINE OF COBB PARKWAY, THENCE RUNNING SOUTH-
EASTERLY ALONG SAID COBB PARKWAY RIGHT OF
WAY LINE FOR A DISTANCE OF 320 FT. TO A POINT
ON THE NORTHWESTERLY RIGHT OF WAY LINE OF
CHURCH STREET-I-75 CONNECTOR, THENCE RUN-
NING SOUTHERLY AND SOUTHWESTERLY ALONG
SAID CONNECTOR RIGHT OF WAY LINE FOR A DIS-
TANCE OF 475 FT. TO A POINT, THENCE RUNNING
EASTERLY AND CONTINUING ALONG SAID RIGHT OF
WAY LINE FOR A DISTANCE OF 100 FT. TO A POINT,
THENCE RUNNING SOUTHERLY AND CONTINUING
ALONG SAID CONNECTOR RIGHT OF WAY LINE FOR
A DISTANCE OF 525 FT. TO A POINT, THENCE RUN-
NING WESTERLY ALONG SAID RIGHT OF WAY LINE
FOR A DISTANCE OF 50 FT. TO A POINT, THENCE RUN-
NING SOUTHERLY ALONG SAID CONNECTOR RIGHT
OF WAY LINE AND CROSSING THE L. & N. RAILROAD
FOR A DISTANCE OF 153.78 FT. TO A POINT ON THE
NORTHWESTERLY RIGHT OF WAY LINE OF THE
NEWLY RELOCATED ELIZABETH STREET, THENCE
RUNNING SOUTHWESTERLY AND CROSSING ELIZA-
BETH STREET RIGHT OF WAY LINE FOR A DISTANCE
OF 90 FT. TO A POINT ON THE WESTERLY RIGHT OF
WAY LINE OF SAID CONNECTOR, THENCE RUNNING
SOUTHWESTERLY ALONG SAID RIGHT OF WAY LINE
FOR A DISTANCE OF 276.44 FT. TO A POINT ON THE
NORTHEASTERLY RIGHT OF WAY LINE OF CHURCH
STREET EXTENSION, THENCE RUNNING SOUTH-
WESTERLY AND CROSSING CHURCH STREET EXTEN-
SION FOR A DISTANCE OF 50 FT. TO THE PRESENT
5150 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
MARIETTA CITY LIMIT LINE, SAID LINE BEING 10 FT.
INSIDE THE SOUTHWESTERLY RIGHT OF WAY LINE
OF CHURCH STREET EXTENSION, THENCE RUNNING
SOUTHERLY ALONG THE PRESENT MARIETTA CITY
LIMIT LINE FOR A DISTANCE OF 200 FT. TO A POINT,
THENCE RUNNING EASTERLY ALONG THE PRESENT
MARIETTA CITY LIMIT LINE FOR A DISTANCE OF 45
FT. TO A POINT ON THE OLD EASTERLY RIGHT OF
WAY LINE OF CHURCH STREET EXTENSION, THENCE
RUNNING NORTHERLY ALONG PRESENT MARIETTA
CITY LIMIT LINE AND FOLLOWING THE OLD EAST-
ERLY RIGHT OF WAY LINE OF CHURCH STREET EX-
TENSION AND THE EASTERLY RIGHT OF WAY LINE
OF ELIZABETH STREET FOR A DISTANCE OF 262.5 FT.
TO A POINT, THENCE RUNNING EASTERLY ALONG
THE PRESENT MARIETTA CITY LIMIT LINE FOR A DIS-
TANCE OF 205.22 FT. TO A POINT ON THE EASTERLY
RIGHT OF WAY LINE OF CHURCH STREET-I-75 CON-
NECTOR, THENCE RUNNING NORTHERLY ALONG
SAID CONNECTOR RIGHT OF WAY LINE FOR A DIS-
TANCE OF 306 FT. TO A POINT, THENCE RUNNING
NORTHWESTERLY ALONG SAID CONNECTOR RIGHT
OF WAY LINE FOR A DISTANCE OF 28 FT. TO A POINT,
THENCE RUNNING NORTHEASTERLY AND CONTINU-
ING ALONG SAID RIGHT OF WAY LINE FOR A DIS-
TANCE OF 420 FT. TO A POINT, THENCE CONTINUING
NORTHEASTERLY ALONG SAID RIGHT OF WAY LINE
FOR A DISTANCE OF 238 FT. TO A POINT, THENCE
RUNNING NORTHWESTERLY ALONG SAID RIGHT OF
WAY LINE FOR A DISTANCE OF 283 FT. TO A POINT,
THENCE RUNNING NORTHERLY AND NORTHEAST-
ERLY ALONG SAID RIGHT OF WAY LINE FOR A DIS-
TANCE OF 328 FT. TO A POINT ON THE SOUTH-
WESTERLY RIGHT OF WAY LINE OF COBB PARKWAY,
THENCE RUNNING SOUTHEASTERLY ALONG SAID
COBB PARKWAY RIGHT OF WAY LINE FOR A DIS-
TANCE OF 255 FT. TO A POINT, THENCE RUNNING
NORTHEASTERLY ALONG SAID COBB PARKWAY
RIGHT OF WAY LINE FOR A DISTANCE OF 48.29 FT.
TO A POINT, THENCE RUNNING SOUTHEASTERLY
AND CONTINUING ALONG SAID COBB PARKWAY
RIGHT OF WAY LINE FOR A DISTANCE OF 190 FT. TO
A POINT ON THE NORTHWESTERLY RIGHT OF WAY
LINE OF CANTON HIGHWAY (S.R.#5) AND THE PRES-
GEORGIA LAWS 1985 SESSION
5151
ENT MARIETTA CITY LIMIT LINE, THENCE RUNNING
NORTHEASTERLY ALONG THE PRESENT MARIETTA
CITY LIMIT LINE AND SAID CANTON HIGHWAY (S.R.
#5) RIGHT OF WAY LINE FOR A DISTANCE OF 100
FT. TO THE POINT OF BEGINNING.
Tract Number 2
I-75-Canton Road Connector
(S.R. #5 Conn.)
Two Sections Designated 'A & 'B
ALL THAT TRACT OR PARCEL OF LAND LYING AND
BEING IN LAND LOTS 782, 783, 802, 803, 855, 856, 873
& 874 OF THE 16th DISTRICT, 2ND SECTION OF COBB
COUNTY, GEORGIA AND BEING MORE PARTICU-
LARLY DESCRIBED AS FOLLOWS:
PARCEL A
BEGINNING AT A POINT WHERE THE EASTERLY
RIGHT OF WAY LINE OF STATE ROUTE 5 CONNEC-
TOR INTERSECTS THE SOUTHWESTERLY RIGHT OF
WAY LINE OF DICKSON ROAD, THENCE RUNNING
NORTHWESTERLY ALONG THE SOUTHWESTERLY
RIGHT OF WAY LINE OF DICKSON ROAD AND FOL-
LOWING THE CURVATURE THEREOF FOR A DIS-
TANCE OF 455 FT. TO A POINT, SAID LINE ALSO BEING
THE PRESENT MARIETTA CITY LIMIT LINE, THENCE
RUNNING NORTHEASTERLY ALONG THE WESTERLY
RIGHT OF WAY LINE OF S.R. #5 CONNECTOR FOR A
DISTANCE OF 550 FT. TO A POINT, THENCE RUNNING
NORTHERLY ALONG SAID RIGHT OF WAY LINE FOR
A DISTANCE OF 170 FT. TO A POINT, THENCE CONTIN-
UING ALONG SAID RIGHT OF WAY LINE FOR A DIS-
TANCE OF 58 FT. TO A POINT, THENCE RUNNING
NORTHEASTERLY ALONG SAID CONNECTOR RIGHT
OF WAY LINE FOR A DISTANCE OF 130 FT. TO A POINT,
THENCE RUNNING NORTHERLY AND CONTINUING
ALONG SAID RIGHT OF WAY LINE FOR A DISTANCE
OF 525 FT. TO A POINT ON THE SOUTH LINE OF LAND
LOT 802 AND THE PRESENT MARIETTA CITY LIMIT
5152 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
LINE, THENCE RUNNING EAST ALONG SAID LAND
LOT LINE AND THE PRESENT MARIETTA CITY LIMIT
LINE FOR A DISTANCE OF 385.53 FT. TO A POINT ON
THE EASTERLY RIGHT OF WAY LINE OF S.R. #5 CON-
NECTOR, THENCE RUNNING SOUTHERLY ALONG
SAID CONNECTOR RIGHT OF WAY LINE FOR A DIS-
TANCE OF 125 FT. TO A POINT, THENCE RUNNING
SOUTHWESTERLY ALONG SAID RIGHT OF WAY LINE
FOR A DISTANCE OF 185 FT. TO A POINT, THENCE
CONTINUING SOUTHWESTERLY ALONG SAID RIGHT
OF WAY LINE FOR A DISTANCE OF 130 FT. TO A POINT,
THENCE RUNNING SOUTHEASTERLY ALONG SAID
RIGHT OF WAY LINE FOR A DISTANCE OF 160 FT. TO
A POINT, THENCE RUNNING SOUTHERLY ALONG
SAID RIGHT OF WAY LINE FOR A DISTANCE OF 155
FT. TO A POINT, THENCE RUNNING SOUTHWEST
ERLY ALONG SAID RIGHT OF WAY LINE FOR A DIS-
TANCE OF 90 FT. TO A POINT, THENCE RUNNING
SOUTHERLY AND CONTINUING ALONG SAID RIGHT
OF WAY LINE FOR A DISTANCE OF 685 FT. TO A POINT
ON THE NORTHEASTERLY RIGHT OF WAY LINE OF
DICKSON ROAD, THENCE RUNNING SOUTHEAST-
ERLY ALONG SAID DICKSON ROAD RIGHT OF WAY
LINE FOR A DISTANCE OF 55 FT. TO A POINT, THENCE
RUNNING SOUTHWESTERLY ALONG SAID DICKSON
ROAD RIGHT OF WAY LINE FOR A DISTANCE OF 5
FT. TO A POINT, THENCE RUNNING SOUTHEASTERLY
AND CONTINUING ALONG SAID RIGHT OF WAY LINE
OF DICKSON ROAD FOR A DISTANCE OF 45 FT. TO A
POINT, THENCE RUNNING SOUTHWESTERLY AND
CROSSING DICKSON ROAD FOR A DISTANCE OF 60 FT.
TO THE POINT OF BEGINNING.
PARCEL 'B
BEGINNING AT A POINT WHERE THE EAST LINE
OF LAND LOT 802 INTERSECTS THE SOUTHEASTERLY
RIGHT OF WAY LINE OF STATE ROUTE #5 CONNEC-
TOR, THENCE RUNNING SOUTHWESTERLY ALONG
THE SOUTHEASTERLY RIGHT OF WAY LINE OF S.R.
#5 CONNECTOR AND THE PRESENT MARIETTA CITY
LIMIT LINE FOR A DISTANCE OF 222.11 FT. TO A POINT,
GEORGIA LAWS 1985 SESSION
5153
THENCE CONTINUING IN A SOUTHWESTERLY DIREC-
TION ALONG SAID RIGHT OF WAY AND CITY LIMIT
LINE FOR A DISTANCE OF 285.85 FT. TO A POINT,
THENCE RUNNING NORTHWESTERLY ALONG THE
PRESENT MARIETTA CITY LIMIT LINE FOR A DIS-
TANCE OF 430 FT. TO A POINT ON THE NORTHWEST-
ERLY RIGHT OF WAY LINE OF S.R. #5 CONNECTOR,
THENCE RUNNING NORTHEASTERLY ALONG SAID
RIGHT OF WAY LINE AND CITY LIMIT LINE FOR A
DISTANCE OF 470.4 FT. TO A POINT, THENCE RUNNING
NORTHEASTERLY AND CONTINUING ALONG THE
PRESENT MARIETTA CITY LIMIT LINE AND SAID RIGHT
OFWAYLINEOFS.R. # 5CONNECTORFORADISTANCEOF
526.3 FT. TO A POINT, THENCE RUNNING NORTHEAST-
ERLY ALONG SAID RIGHT OF WAY LINE AND CITY LIMIT
LINE FORADISTANCEOF430.33FT.TOAPOINT,THENCE
RUNNING SOUTHEASTERLY ALONG THE PRESENT
MARIETTA CITY LIMIT LINE FOR A DISTANCE OF425 FT.
TO A POINT ON THE SOUTHEASTERLY RIGHT OF WAY
LINE OF S.R. #5 CONNECTOR, THENCE RUNNING
SOUTHWESTERLY ALONG THE SOUTHEASTERLY
RIGHT OF WAY LINE OF SAID CONNECTOR FOR A
DISTANCEOF500FT.TOAPOINT,THENCECONTINUING
ALONG SAID RIGHT OF WAY LINE AND IN A SOUTHWES-
TERLY DIRECTION FOR A DISTANCE OF 325 FT. TO THE
POINTOFBEGINNING.
Tract Number 3
Delk Road R/W at 1-75 and Franklin Road
ALL THAT TRACT OR PARCEL OF LAND LYING AND
BEING IN LAND LOTS 714, 715, 726, 727, 786 & 787 OF
THE 17th DISTRICT OF COBB COUNTY, GEORGIA AND
BEING MORE PARTICULARLY DESCRIBED AS FOL-
LOWS:
BEGINNING AT A POINT WHERE THE SOUTH
RIGHT OF WAY LINE OF DELK ROAD INTERSECTS THE
WEST RIGHT OF WAY LINE OF FRANKLIN ROAD,
THENCE RUNNING WESTERLY ALONG THE SOUTH
RIGHT OF WAY LINE OF DELK ROAD FOR A DISTANCE
OF 550 FT. TO A POINT, THENCE RUNNING NORTH-
5154 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ERLY ALONG THE PRESENT MARIETTA CITY LIMIT
LINE FOR A DISTANCE OF 300 FT. TO A POINT ON
THE NORTHERLY RIGHT OF WAY LINE OF DELK
ROAD, THENCE RUNNING EASTERLY ALONG THE
NORTHERLY RIGHT OF WAY LINE OF DELK ROAD
AND THE PRESENT MARIETTA CITY LIMIT LINE FOR
A DISTANCE OF 2870 FT. TO A POINT, THENCE RUN-
NING SOUTHERLY ALONG THE PRESENT MARIETTA
CITY LIMIT LINE FOR A DISTANCE OF 200 FT. TO A
POINT WHERE THE SOUTHERLY RIGHT OF WAY LINE
OF DELK ROAD INTERSECTS THE NORTHEASTERLY
RIGHT OF WAY LINE OF INTERSTATE 75, THENCE
RUNNING SOUTHEASTERLY ALONG SAID 1-75 RIGHT
OF WAY LINE AND CITY LIMIT LINE FOR A DISTANCE
OF 30 FT. TO A POINT, THENCE RUNNING SOUTH-
WEST-
ERLY FOR A DISTANCE OF 360 FT. TO A POINT ON
THE SOUTHWESTERLY RIGHT OF WAY OF 1-75,
THENCE RUNNING NORTHWESTERLY ALONG SAID
RIGHT OF WAY LINE FOR A DISTANCE OF 1159.24 FT.
TOTAL TO A POINT ON THE SOUTH RIGHT OF WAY
LINE OF DELK ROAD, THENCE RUNNING WESTERLY
ALONG THE SOUTH RIGHT OF WAY LINE OF DELK
ROAD FOR A DISTANCE OF 905.09 FT. TO A POINT,
THENCE RUNNING SOUTHERLY ALONG SAID RIGHT
OF WAY LINE FOR A DISTANCE OF 20 FT. TO A POINT,
THENCE RUNNING WESTERLY ALONG SAID DELK
ROAD RIGHT OF WAY LINE FOR A DISTANCE OF 200
FT. TO A POINT, THENCE RUNNING NORTHERLY
ALONG SAID RIGHT OF WAY LINE FOR A DISTANCE
OF 20 FT. TO A POINT, THENCE RUNNING WESTERLY
ALONG SAID RIGHT OF WAY LINE FOR A DISTANCE
OF 479.42 FT. 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 1985 Session of the General Assembly of Georgia, a
bill to amend an Act reincorporating the City of Marietta, Geor-
gia in Cobb County and creating new charter for said city ap-
GEORGIA LAWS 1985 SESSION
5155
proved March 23, 1977, (Ga. L. 1977, p. 3541) and for other
purposes.
This 4th day of January, 1985.
Roy E. Barnes,
Haskew Brantley,
Jim Tollison,
Carl Harrison,
Joe Mack Wilson,
A. L. Burruss,
Steve Thompson,
Terry Lawler,
Fred Aiken,
Johnny Isakson,
Bill Atkins,
Frank Johnson,
Tom Wilder,
Bill Cooper.
Georgia, Fulton County.
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Fred Aiken, who, on oath,
deposes and says that he 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 11, 1985.
/s/ Fred Aiken
Representative,
21st District
Sworn to and subscribed before me,
this 25th day of February, 1985.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Dec. 18, 1988.
(Seal).
Approved April 12, 1985.
GEORGIA LAWS 1985 SESSION
5157
ACTIONS BY COUNTY
GOVERNING AUTHORITIES
PURSUANT TO
ARTICLE IX, SECTION II, PARAGRAPH I OF THE
CONSTITUTION OF THE STATE OF GEORGIA
PROVIDING
HOME RULE FOR COUNTIES
AND
ARTICLE XI, SECTION I, PARAGRAPH IV OF THE
CONSTITUTION OF THE STATE OF GEORGIA
PROVIDING FOR
CONTINUATION OF LOCAL
CONSTITUTIONAL AMENDMENTS
GEORGIA LAWS 1985 SESSION
5159
HENRY COUNTYWATER OR WATER AND SEWERAGE
REVENUE BONDS; LOCAL CONSTITUTIONAL
AMENDMENT CONTINUED.
RESOLUTION NO. 83-20
A RESOLUTION OF THE BOARD OF COMMISSIONERS
OF HENRY COUNTY, GEORGIA TO CONTINUE IN FORCE
AND EFFECT AS A PART OF THE CONSTITUTION OF THE
STATE OF GEORGIA, RATIFIED AT THE GENERAL ELEC-
TION IN 1982, THAT CERTAIN CONSTITUTIONAL AMEND-
MENT NUMBER 92 (RES. ACT 238), HR 622-1427, GA. L. 1968,
P. 1739 ET SEQ.) DULY RATIFIED AT THE 1968 GENERAL
ELECTION AND PROCLAIMED BY THE GOVERNOR TO BE
A PART OF THE CONSTITUTION OF GEORGIA OF 1945,
WHICH WAS CONTINUED IN FORCE AND EFFECT AS
PART OF THE CONSTITUTION OF 1976 PURSUANT TO THE
PROVISIONS OF ARTICLE XIII, SECTION I, PARAGRAPH
II OF THE CONSTITUTION OF 1976, WHICH AMENDMENT
AUTHORIZES THE GOVERNING AUTHORITY OF HENRY
COUNTY TO LEVY A TAX NOT TO EXCEED TWO MILLS
PER DOLLAR ON ALL TAXABLE PROPERTY LOCATED
THEREIN FOR WATER OR WATER AND SEWERAGE PUR-
POSES AND TO GUARANTEE PAYMENT, IN WHOLE OR
IN PART, OF WATER OR WATER AND SEWERAGE REVE-
NUE BONDS ISSUED, FROM TIME TO TIME, BY THE
COUNTY AND THE HENRY COUNTY WATER AND SEWER-
AGE AUTHORITY AND TO OTHERWISE SUPPORT AND
MAINTAIN THE OPERATIONS OF A WATER OR WATER
AND SEWERAGE SYSTEM OF HENRY COUNTY; TO PRO-
VIDE AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
BE IT RESOLVED by the Board of Commissioners of Henry
County, Georgia and it is hereby resolved by the authority of
the same, pursuant of Article XI, Section I, Paragraph IV of
the Constitution of the State of Georgia of 1983 authorizing
the continuation of certain amendments to the Costitution and
pursuant to the Home Rule Provisions for Counties of the Consti-
tution of the State of Georgia, as follows:
Section 1. That certain Constitutional Amendment Num-
ber 92 (Res. Act 238, HR 622-1427, Ga. L. 1968, P. 1739 et seq.)
duly ratified at the 1968 general election and proclaimed by
5160 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
the Governor to be a part of the Constitution of Georgia of
1945, which was continued in force and effect as part of the
Constitution of 1976 pursuant to the provisions of Article XIII,
Section I, Paragraph II of the Constitution of 1976 and now
in force and effect, which amendment authorizes the governing
authority of Henry County to levy a tax not to exceed two mills
per dollar on all taxable property located therein for water or
water and sewerage purposes and to guarantee payment, in
whole or in part, of water and water and sewerage revenue
bonds issued, from time to time, by the County and the Henry
County Water and Sewerage Authority and to otherwise support
and maintain the operations of a water or water and sewerage
system of Henry County, shall not be repealed or deleted on
July 1,1987, as a part of the Constitution of the State of Georgia,
ratified at the general election in 1982, but same specifically
shall continue in full force and effect on and subsequent from
that date as a part of that Constitution of the State of Georgia.
Section 2. 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
of Henry County, Georgia for the purpose of examination and in
spection by the public shall have been published in The Henry
Herald, the official county organ of Henry County, once a week
for three weeks immediately preceding its final adoption, the
same shall have been adopted at two regular consecutive meet-
ings of the Board of Commissioners of Henry County not less
than seven nor more than sixty days apart, and a certified copy
of the resolution and a copy of the required notice of publication
and an affidavit as to the publication of such notice shall have
been filed with the Secretary of the State of Georgia, all in
compliance with the provisions of the Constitution of the State
of Georgia of 1983.
Section 3. All resolutions or parts thereof in conflict here-
with are hereby repealed.
*
*
PUBLIC NOTICE
Notice is hereby given that the Board of Commissioners of
Henry County proposes to adopt a resolution under the Home
GEORGIA LAWS 1985 SESSION
5161
Rule for Counties provisions of the Constitution of the State
of Georgia a copy of the proposed resolution being on file in
the office of the Clerk of the Superior Court of Henry County,
Georgia for the purpose of examination and inspection. The
Clerk of the Superior Court will furnish anyone, upon written
request, a copy of the proposed resolution.
SYNOPSIS OF PROPOSED RESOLUTION
Said resolution provides that as authorized under Article
XI, Section I, Paragraph IV of the Constitution of the State of
Georgia, that certain Constitutional Amendment Number 92
(Ga. Laws 1968, p. 1739 et seq.) duly ratified at the 1968 general
election by the voters of Henry County, which amendment au-
thorizes the levy of a tax not to exceed two mills per dollar
on all taxable property within Henry County for water and
sewerage purposes and to guarantee payment, in whole or in
part, of water and sewerage revenue bonds issued, from time
to time, by the county and the Henry County Water and Sewer-
age Authority and to otherwise support and maintain the opera-
tion of the Henry County water and sewerage system, shall
not be repealed or deleted on July 1, 1987, as a part of the
Constitution but specifically shall continue in full force and ef-
fect on and subsequent from that date as a part of the Constitu-
tion of the State of Georgia.
Henry County
By: /s/ Edward H. Whiddon, Sr.
Chairman, Board of
Commissioners of
Henry County
Attest:
/s/ Ivy Marnae Scott
Clerk, Deputy
(SEAL)
State of Georgia
County of Henry
I, Ivy Marnae Scott, Deputy Clerk to the Board of Commis-
sioners of Henry County, Georgia, DO HEREBY CERTIFY that
5162 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
the foregoing pages constitute a true and correct copy of the
resolution adopted by the Board of Commissioners of Henry
County, Georgia, at two regular consecutive meetings on the
6th day of December, 1983, and on the 20th day of December,
1983, the original of which said resolution being duly recorded
in the Minute Book of the Board of Commissioners, which Min-
ute Book is in my custody and control.
WITNESS my hand and the official seal of Henry County
Georgia, this 20th day of December, 1983.
/s/ Ivy Marnae Scott
Deputy Clerk
(SEAL)
AFFIDAVIT
GEORGIA, Henry County.
To Whom It May Concern:
This is to certify that the legal notice attached hereto has
been published in the Henry Herald which has a general circula-
tion in and is legal organ for Henry County. The following dates,
to-wit: October 26, November 2 and 9, 1983. Sworn to on the
3rd day of January, 1984.
Norman Wittier
Publisher
Sworn to and subscribed before me
on the 3rd day of January, 1984.
/s/ Leanna Sims
Notary Public, Georgia, State at Large
My Commission Expires Apr. 16, 1984
Notice
Legal No. 251.
PUBLIC NOTICE
Notice is hereby given that the Board of Commissioners of
Henry County proposes to adopt a resolution under the Home
GEORGIA LAWS 1985 SESSION
5163
Rule for Counties provisions of the Constitution of the State
of Georgia a copy of the proposed resolution being on file in
the office of the Clerk of the Superior Court of Henry County,
Georgia for the purpose of examination and inspection. The
Clerk of the Superior Court will furnish anyone, upon written
request, a copy of the proposed resolution.
Synopsis of Proposed Resolution
Said resolution provides that as authorized under Article
XI, Section I, Paragraph IV of the Constitution of the State of
Georgia, that certain Constitutional Amendment Number 92
(Ga. Laws 1968, p. 1739 et seq.) duly ratified at the 1968 general
election by the voters of Henry County, which amendment au-
thorizes the levy of a tax not to exceed two mills per dollar
on all taxable property within Henry County for water and
sewerage purposes and to guarantee payment, in whole or in
part, of water and sewerage revenue bonds issued, from time
to time, by the county and the Henry County Water and Sewer-
age Authority and to otherwise support and maintain the opera-
tion of the Henry County Water and sewerage system, shall
not be repealed or deleted on July 1, 1987, as a part of the
Constitution but specifically shall continue in full force and ef-
fect on and subsequent from that date as a part of the Constitu-
tion of the State of Georgia.
Henry County
By: /s/ Edward H. Whiddon, Sr.,
Chairman, Board of
Commissioners of
Henry County
Attest: /s/ Ivy Marnae Scott
Clerk
3tc-ll-9
5164 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Filed in the Office of the Secretary of State January 9,1984.
DEKALB COUNTYPENSION BOARD; RETIREMENT
BENEFITS.
DEKALB COUNTYPENSION BOARD.
AN ORDINANCE
BY THE BOARD OF COMMISSIONERS OF DEKALB
COUNTY, GEORGIA, UNDER THE HOME RULE PROVI-
SIONS IN THE GEORGIA CONSTITUTION TO AMEND THE
ACT CREATING THE DEKALB COUNTY PENSION BOARD,
GA. LAWS 1962, P. 3088, AS AMENDED, MORE PARTICU-
LARLY BUT NOT LIMITED TO AN ORDINANCE AMEND-
ING SAID ACT IN 1981 (GA. LAWS 1981, P. 4987) SO AS TO
FURTHER AMEND SAID ACT TO PROVIDE FOR CHANG-
ING THE COMPENSATION FORMULA FROM SIXTY (60)
CONSECUTIVE MONTHS TO THRITY-SIX (36); THE EARLY
RETIREMENT REDUCTION FACTOR FROM FIVE PERCENT
(5%) TO ONE AND FIVE-TENTHS PERCENT (1.5%) PER
YEAR; AND TO INCREASE BENEFITS TO RETIREES TO A
MINIMUM OF ONE HUNDRED DOLLARS ($100.00) PER
MONTH; TO REPEAL CONFLICTING LAWS; 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 Consti-
tution of the State of Georgia, that the Act relating to DeKalb
County Pension Board, Ga. Laws 1962, p. 3088 et seq. as
amended, more particularly but not limited to an ordinance
adopted in 1981 amending said Act, Ga. Laws 1981, p. 4987,
be and the same is hereby further amended as follows:
I.
By striking the language in Section 8(a)2 of said Act reading
"the highest sixty consecutive complete calendar months and
GEORGIA LAWS 1985 SESSION
5165
inserting in lieu thereof "the highest thirty-six consecutive com-
plete calendar months.
II.
By amending Section 8.3B by striking the reduction factor
"five percent (5%) and inserting in lieu thereof the reduction
factor "one and five-tenths percent (1.5%) and striking the lan-
guage "shall be reduced by five-twelfths percentum (5/12 percen-
tum) for each complete month by which date the benefit com-
mences precedes the normal retirement date of the participant
and inserting in lieu thereof "one-eighth percentum (1/8%) for
each complete month by which the date the benefit commences
precedes the normal retirement date of the participant.
III.
To amend Section 8.4B by striking the last clause in said
section reading "But the pension shall not be less than twenty-
five dollars ($25.00) per month and inserting in lieu thereof
the language "But the pension shall not be less than One Hun-
dred Dollars ($100.00) per month.
IV.
By amending Section 25 relating to the payment of prior
pensions by adding thereto the following:
"(f) Where the minimum retirement benefit of employees
retiring prior to the effective date of this Ordinance is less
than One Hundred Dollars ($100.00) per month, the retire-
ment benefits shall be increased to One Hundred Dollars
($100.00) per month.
V.
By striking the following language in Section 8.
"Subject to certain increases effective January 1, 1981,
as set forth in Section 25, all participants who have retired
or became disabled prior to January 1, 1981, and who are
receiving benefits under this plan, or any predecessor plan,
immediately prior to January 1, 1981, shall continue to re-
5166 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ceive benefits in accordance with the provision of the plan
which was in effect at the date of retirement or disability.
and inserting in lieu thereof.
"This Ordinance shall become effective on January 1,
1984, and the DeKalb County Pension Plan shall thereafter
be administered as further amended by this Ordinance.
VI.
All laws or parts of laws in conflict with this ordinance are
hereby repealed.
VII.
Should any part, portion or paragraph of this ordinance be
declared unconstitutional or void by a Court of competent juris-
diction, such declaration shall not affect the remaining portions
of this ordinance not so declared to be invalid, but the same
shall remain in full force and effect as if separately adopted.
VIII.
This ordinance shall be presented to the Board of Commis-
sioners of DeKalb County for adoption at two regular, consecu-
tive meetings of the County Commissioners, held not less than
seven (7) or more than sixty (60) days apart. A notice containing
a synopsis of the proposed amendment or repeal shall be pub-
lished in the official organ of DeKalb County once a week for
three weeks within a period of sixty (60) days immediately pre-
ceding its final adoption, such notice stating that a copy of the
proposed amendment or repeal is on file in the office of the
Clerk of the Superior Court of DeKalb county for the purpose
of examination and inspection by the public.
IX.
This ordinance shall be first presented to the Board of Com-
missioners of DeKalb County on the 27th day of December, 1983,
and again on the 10th day of January, 1984, at the regular
time and place of the meeting of the Board of Commissioners
of DeKalb County, at which time action may be taken.
X.
A synopsis of this ordinance shall be published in the official
organ of DeKalb County once a week for three weeks, namely
GEORGIA LAWS 1985 SESSION
5167
on the 22nd day of December, and the 29th day of December,
1983, and the 5th day of January, 1984, and a copy of this ordi-
nance shall be filed with the Clerk of the DeKalb County Supe-
rior Court for the purpose of examination and inspection by
the public, along with sufficient copies of the same for distribu-
tion to those members of the public who desire the same.
XI.
The provisions of this ordinance shall become effective on
January 1, 1984.
Adopted this 10th day of January, 1984.
/s/ Manuel J. Maloof, Chairman
Board of Commissioners
DeKalb County, Georgia
Attest:
/s/ David W. Joyner, Clerk
Board of Commissioners
DeKalb County, Georgia
Approved as to form:
/s/ George P. Dillard
County Attorney
PUBLISHERS CERTIFICATE
State of Georgia
County of DeKalb
Personally appeared before the undersigned, a notary public
within and for said county and State, Gerald W. Crane, Co-
publisher of the Decatur-DeKalb News/Era, a newspaper pub-
lished at Decatur, County of DeKalb, State of Georgia, who,
being duly sworn, states on oath that the report of Notice of
Public Hearing Proposed County Ordinance Amending Pension
Plan, a true copy of which is hereto annexed, was published
in said newspaper in its issues of the 22nd and 29th days of
December, 1983, and the 5th day of January, 1984.
Decatur-DeKalb News/Era
By: /s/ Linda L. Orr
5168 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
NOTICE OF PUBLIC HEARING
PROPOSED COUNTY ORDINANCE
AMENDING PENSION PLAN
Notice is hereby given that the DeKalb County Board of
Commissioners, pursuant to the provisions of the Home Rule
for Counties provisions for the Constitution of Georgia, will hear
and consider an Amendment to Ga. Laws 1962, p. 3088, et seq.,
creating the DeKalb County Pension Board and establishing
pension benefits, as amended, at their regular meetings when
action may be taken on December 27, 1983, and January 10,
1984. Said proposed amendment provides for changing the com-
pensation formula so they will be computed on the salary for
the highest thirty-six (36) consecutive complete calendar
months, to change the early retirement factor to one and five-
tenths percent (1.5%) per year and increase the benefits of forT
mer and future retirees to a minimum of one hundred dollars
($100.00) per month, such changes to become effective January
1, 1984. A copy of the text 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, with available copies for distribution.
/s/ Manuel J. Maloof, Chairman
DeKalb County Board
of Commissioners
22-4347,12/22-1/5
Filed in the Office of the Secretary of State February 17,
1984.
MACONBIBB COUNTY INDUSTRIAL AUTHORITY-
LOCAL CONSTITUTIONAL AMENDMENT CONTINUED.
AN ORDINANCE OF THE BOARD OF COMMISSIONERS
OF BIBB COUNTY TO CONTINUE IN FORCE THE LOCAL
CONSTITUTIONAL AMENDMENT CREATING THE MA-
CON-BIBB COUNTY INDUSTRIAL AUTHORITY AS SUCH
GEORGIA LAWS 1985 SESSION
5169
CONSTITUTIONAL AMENDMENT WAS SUBSEQUENTLY
FURTHER AMENDED BY LOCAL AMENDMENTS TO THE
CONSTITUTION; TO PROVIDE AN EFFECTIVE DATE; TO
REPEAL CONFLICTING ORDINANCES; AND FOR OTHER
PURPOSES.
WHEREAS, the Macon-Bibb County Industrial Authority
was created by a local amendment to the Constitution of the
State of Georgia (House Resolution 542-1049; Ga. L. 1962, p.
885 et seq.); and,
WHEREAS, by referring to the aforesaid resolution, it is
incorporated herein by reference as fully as if set forth herein;
and,
WHEREAS, Article XI, Section I, Paragraph IV, of the Con-
stitution of the State of Georgia provides that local amendments
to the Constitutions of 1877 and 1945 which were continued
in force and effect as a part of the Constitution of 1976, which
were of force and effect on the effective date of the present
Constitution should continue in force until July 1,1987 at which
time they should stand repealed unless continued in force and
effect either by a local law enacted prior to July 1, 1987 or by
ordinance or resolution duly adopted prior to July 1, 1987 by
the local governing authority in the manner provided for the
adoption of home rule amendments to its charter or local act;
and,
WHEREAS, the governing authority of Bibb County desires,
in conjunction with the governing authority of the City of Ma-
con, to continue the aforesaid local constitutional amendment
in effect; and,
WHEREAS, Article IX, Section II, Paragraph I of the Consti-
tution provides how counties may amend local acts;
NOW, THEREFORE, BE IT ORDAINED by the Board of
Commissioners of Bibb County, Georgia, and it is hereby or-
dained by authority of the same as follows:
Section 1. The aforesaid constitutional amendment de-
scribed in the preamble to this ordinance relating to the Macon-
Bibb County Industrial Authority, which was duly ratified by
5170 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
the people and is eligible for continuation pursuant to the provi-
sions of the present Constitution of Georgia is hereby specifically
continued in force and effect without amendment.
Section 2. Upon final adoption, the Clerk of this body is
directed to transmit forthwith to the Secretary of State a certi-
fied copy of this ordinance and a copy of the notice of publication
and an affidavit of a duly authorized representative of the news-
paper in which the notice was published to the effect that the
notice has been published as provided by the Constitution of
the State of Georgia.
Section 3. This ordinance shall be effective immediately
upon its passage.
Section 4. All ordinances of parts thereof in conflict here-
with are hereby repealed.
County of Bibb, Georgia
I, Hazel M. McCuen, clerk of the Board of Commissioners of
Bibb County do hereby certify that the above and foregoing
was duly adopted at the regular session of the Board of Commis-
sioners of Bibb County this 15th day of May, 1984
/s/ Mrs. Hazel M. McCuen
Clerk of the Board
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: 03/24, 03/31, 04/ 7
/s/ Judith R. McCallum
Sworn to and subscribed before me
this 07 day of April, 1984
GEORGIA LAWS 1985 SESSION
5171
/s/ Dawn P. Ely
Notary Public,
Bibb County, Georgia
My commission expires August 1, 1987.
GEORGIA, BIBB COUNTY
LEGAL NOTICE
NOTICE OF CONTINUATION
OF CONSTITUTIONAL AMENDMENT
Notice is hereby given, pursuant to provisions of Article IX,
Section II, Paragraph I and Article XI, Section I, Paragraph
IV of the Constitution of the State of Georgia that the Board
of Commissioners of Bibb County proposes to adopt at two regu-
lar consecutive meetings not less than seven nor more than
sixty days apart on ordinance to continue in force and effect
without amendment the local amendment to the Constitutions
of the State of Georgia of 1945 (Ga. L. 1962, p. 885, as continued
in force by the Constitution of 1976) which was duly ratified
and which created the Macon-Bibb County Industrial Authority.
A copy of the proposed ordinance is on file in the office of
the Clerk of the Superior Court for the purpose of examination
and inspection by the public, as provided by the Constitution.
3/24,31,4/7,1984-416248
Filed in the Office of the Secretary of State May 31, 1984.
HENRY COUNTYCOUNTY AD VALOREM TAX
EXEMPTION OF CAPITAL IMPROVEMENTS OF NEW
MANUFACTURING ESTABLISHMENTS; LOCAL
CONSTITUTIONAL AMENDMENT CONTINUED.
RESOLUTION NO. 84-33
RESOLUTION OF THE BOARD OF COMMISSIONERS OF
HENRY COUNTY, GEORGIA, TO CONTINUE IN FORCE
5172 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
AND EFFECT AS A PART OF THE CONSTITUTION OF THE
STATE OF GEORGIA, RATIFIED IN THE GENERAL ELEC-
TION OF 1982, THAT CERTAIN CONSTITUTIONAL AMEND-
MENT NO. 48 (RES. ACT 161, H.R. 713, GA.L. 1982, P. 2609
ET SEQ.) DULY RATIFIED AT THE 1982 GENERAL ELEC-
TION BY THE VOTERS OF HENRY COUNTY AND PRO-
CLAIMED BY THE GOVERNOR TO BE A PART OF THE CON-
STITUTION OF GEORGIA OF 1976, WHICH AMENDMENT
EXEMPTS ALL CAPITAL IMPROVEMENTS OF EACH NEW
MANUFACTURING ESTABLISHMENT LOCATED IN
HENRY COUNTY, GEORGIA, FROM ALL COUNTY AD
VALOREM TAXES EXCEPT FOR SCHOOL PURPOSES FOR
THREE YEARS FROM THE TIME OF THEIR ESTABLISH-
MENT, PROVIDED SUCH ESTABLISHMENT HAS CAPITAL
IMPROVEMENTS OF $1,000,000 OR MORE; TO PROVIDE AN
EFFECTIVE DATE; AND FOR OTHER PURPOSES
BE IT RESOLVED by the Board of Commissioners of Henry
County, Georgia, and it is hereby resolved by the authority of
the same pursuant to Article XI, Section I, Paragraph IV, of
the Constitution of the State of Georgia of 1983, authorizing
the continuation of certain amendments to the Constitution and
pursuant to the home rule provisions for counties in the Consti-
tution of the State of Georgia, as follows:
Section 1. That certain constitutional amendment no. 48
(Res. Act 161, H.R. 713, Ga.L. 1982, p. 2609 et seq.) duly ratified
at the 1982 general election by the voters of Henry County
and proclaimed by the governor to be a part of the Constitution
of Georgia of 1976 and now in force and effect, which amendment
exempts all capital improvements of each new manufacturing
establishment located in Henry County, Georgia, from all county
ad valorem taxes, except for school purposes, for three years
from the time of its establishment provided such establishment
has capital improvements of $1,000,000 or more, and which
reads as follows:
"All capital improvements of each new manufacturing estab-
lishment located in Henry County, Georgia, shall be exempt
from all county ad valorem taxes, except for school purposes,
for three years from the time of its establishment provided such
establishment has capital improvements of $1 million or more.
For the purpose of this exemption, the term 'manufacturing
GEORGIA LAWS 1985 SESSION
5173
establishment shall mean and include every person, firm, part-
nership, or corporation engaged in making, fabricating, or
changing things into new forms for use or in refining, rectifying,
or combining different materials for use. The term 'capital im-
provements shall mean and include buildings, machinery, and
equipment directly connected with the manufacturing process.
Said amendment shall not be repealed or deleted on July
1, 1987, as a part of the Constitution of the State of Georgia
ratified in general election in 1982, but same specifically shall
continue in full force and effect on and subsequent from that
date as a part of that Constitution of the State of Georgia.
Section 2. 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
of Henry County, Georgia, for the purpose of examination and
inspection by the public, shall have been published in the Henry
Herald, the official county organ of Henry County, once a week
for three weeks immediately preceding its final adoption. The
same shall have been adopted at two regular consecutive meet-
ings of the Board of Commissioners of Henry County not less
than seven nor more sixty days apart, and a certified copy of
the resolution and a copy of the required notice of publication
and an affidavit as to the publication of such notice shall have
been filed with the Secretary of the State of Georgia, all in
compliance with the provisions of the Constitution of the State
of Georgia of 1983.
Section 3. All resolutions or parts thereof that conflict
herewith are hereby repealed.
PUBLIC NOTICE
Notice is hereby given that the Board of Commissioners of
Henry County proposes to adopt a resolution under the home
rule for counties provisions of the Constitution of the State of
Georgia, a copy of the proposed resolution being on file in the
office of the Clerk of the Superior Court of Henry County, Geor-
gia, for the purpose of examination and inspection. The Clerk
of the Superior Court will furnish anyone, upon written request,
a copy of the proposed resolution.
5174 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SYNOPSIS OF PROPOSED RESOLUTION
Said resolution provides that as authorized under Article
XI, Section I, Paragraph IV, of the Constitution of the State
of Georgia of 1983, that certain constitutional amendment no.
48 (Ga.L. 1982, p. 2609 et seq.), duly ratified at the 1982 general
election by the voters of Henry County, which amendment ex-
empts all capital improvements of each new manufacturing es-
tablishment located in Henry County, Georgia, from all county
ad valorem taxes except for school purposes for three years
from the time of its establishment, provided such establishment
has capital improvements of $1,000,000 or more, shall not be
repealed or deleted on July 1,1987, as a part of the Constitution,
but specifically shall continue in full force and effect on and
after that date as a part of the Constitution of the State of
Georgia of 1983.
The first reading of the proposed resolution occurred on Sep-
tember 18, 1984, during a regularly scheduled meeting of the
Board of Commissioners of Henry County.
The second reading of the proposed resolution will occur
on October 2, 1984, during a regularly scheduled meeting of
the Board of Commissioners of Henry County.
The first consideration for adoption will occur during a regu-
larly scheduled meeting of the Board of Commissioners of Henry
County on October 2, 1984.
The second consideration for adoption will occur during a
regularly scheduled meeting of the Board of Commissioners of
Henry County on October 16, 1984.
Henry County
By: /s/ Edward H. Whiddon, Sr.
Board of Commissioners
of Henry County
/s/ Beverly P. McLeod, Clerk
(SEAL)
The first consideration of adoption of the foregoing resolution
was considered during a regularly scheduled meeting of the
GEORGIA LAWS 1985 SESSION
5175
Board of Commissioners of Henry County on October 2, 1984.
Upon motion being made and seconded, the foregoing resolution
was unanimously adopted.
This 2nd day of October, 1984.
/s/ Chairman, Edward H.
Whiddon, Sr.
/s/ Marion Hall Simpson,
Vice Chairman
/s/ Cerelle Spraggins,
Commissioner
/s/ Roy H. Kuhn,
Commissioner
Attest:
/s/ Clerk, Beverly P. McLeod
(SEAL)
The second consideration of adoption of the foregoing resolu-
tion was considered during a regularly scheduled meeting of
the Board of Commissioners of Henry County on October 16,
1984. Upon motion being made and seconded, the foregoing reso-
lution was unanimously adopted.
This 16th day of October, 1984.
/s/ Chairman, Edward H.
Whiddon, Sr.
/s/ Marion Hall Simpson,
Vice Chairman
/s/ Cerelle Spraggins,
Commissioner
/s/ Roy H. Kuhn,
Commissioner
/s/ W. D. Patrick,
Commissioner
5176 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Attest:
/s/ Clerk, Beverly P. McLeod
(SEAL)
CLERKS CERTIFICATE
I, BEVERLY MCLEOD, Clerk of the Board of Commissioners
of Henry County, do hereby certify that the foregoing pages
of typewritten matter pertaining to exemptions of all capital
improvements of each new manufacturing establishment lo-
cated in Henry County, Georgia, from all county ad valorem
taxes except for school purposes for three years from the time
of their establishment, provided such establishment has capital
improvements of $1,000,000 or more, constitute a true and cor-
rect copy of said Resolution adopted on October 16, 1984, by
the members of the Board of Commissioners in a regularly called
and assembled meeting, which was open to the public and at
which a quorum was present and acting throughout, and that
the original of said Resolution appears of record in the Minute
Book of the Board of Commissioners of Henry County which
is in my custody and control.
GIVEN under my hand and seal of the Board of Commission-
ers of Henry County, this 24th day of October, 1984.
/s/ Beverly McLeod,
as Clerk of the
Board of Commissioners of
Henry County, Georgia
(SEAL)
PUBLISHERS AFFIDAVIT
State of Georgia
County of Henry
I, NORMAN WITTLER, do hereby certify that I am the
Publisher of THE HENRY HERALD, the newspaper in which
the sheriffs advertisements appear for Henry County, and that
the attached notice of hearing concerning the adoption of the
Resolution shown in the attached Publishers Notice before the
GEORGIA LAWS 1985 SESSION
5177
Board of Commissioners of Henry County, Georgia, was pub-
lished in said newspaper on the following dates, to with: Septem-
ber 19 and 26, 1984, and October 3 and 10, 1984.
/s/ Norman Wittier,
Publisher
Sworn to and subscribed before me
this 22 day of October, 1984.
/s/ A. J. Welch
Notary Public
State of Georgia
My commission expires: 4/3/86
Notice
Legal No. 864.
PUBLIC NOTICE
Notice is hereby given that the Board of Commissioners of
Henry County proposes to adopt a resolution under the home
rule for counties provisions of the Constitution of the State of
Georgia, a copy of the proposed resolution being on file in the
office of the Clerk of the Superior Court of Henry County, Geor-
gia, for the purpose of examination and inspection. The Clerk
of the Superior Court will furnish anyone, upon written request,
a copy of the proposed resolution.
SYNOPSIS OF PROPOSED RESOLUTION
Said resolution provides that as authorized under Article
XI, Section I, Paragraph IV, of the Constitution of the State
of Georgia of 1983, that certain constitutional amendment no.
48 (Ga. L. 1982, p. 2609 et seq.), duly ratified at the 1982 general
election by the voters of Henry County, which amendment ex-
empts all capital improvements of each new manufacturing es-
tablishment located in Henry County, Georgia, from all county
ad valorem taxes except for school purposes for three years
from the time of its establishment, provided such establishment
has capital improvements of $1,000,000 or more, shall not be
repealed or deleted on July 1,1987, as a part of the Constitution,
but specifically shall continue in full force and effect on and
5178 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
after that date as a part of the Constitution of the State of
Georgia of 1983.
The first reading of the proposed resolution occurred on Sep-
tember 18, 1984, during a regularly scheduled meeting of the
Board of Commissioners of Henry County.
The second reading of the proposed resolution will occur
on October 2, 1984, during a regularly scheduled meeting of
the Board of Commissioners of Henry County.
The first consideration for adoption will occur during a regu-
larly scheduled meeting of the Board of Commissioners of Henry
County on October 2, 1984.
The second consideration for adoption will occur during a
regularly scheduled meeting of the Board of Commissioners of
Henry County on October 16, 1984.
Henry County
/s/ Edward H. Whiddon, Sr.
Board of Commissioners
of Henry County
/s/ Beverly P. McLeod,
Clerk
4tc-10-10
Filed in the Office of the Secretary of State November 13,
1984.
HENRY COUNTY AND MUNICIPAL CORPORATIONS
WITHIN HENRY COUNTYAD VALOREM TAX
EXEMPTION ON TANGIBLE PERSONAL PROPERTY IN
TRANSIT; LOCAL CONSTITUTIONAL AMENDMENT
CONTINUED.
RESOLUTION NO. 84-34
A RESOLUTION OF THE BOARD OF COMMISSIONERS OF
HENRY COUNTY, GEORGIA, TO CONTINUE IN FORCE
GEORGIA LAWS 1985 SESSION
5179
AND EFFECT AS A PART OF THE CONSTITUTION OF THE
STATE OF GEORGIA, RATIFIED IN THE GENERAL ELEC-
TION OF 1982, THAT CERTAIN CONSTITUTIONAL AMEND-
MENT NO. 72 (RES. ACT 216, H.R. 718-1859, GA.L. 1976, P.
1900 ET SEQ.) DULY RATIFIED AT THE 1976 GENERAL
ELECTION BY THE VOTERS OF HENRY COUNTY AND
PROCLAIMED BY THE GOVERNOR TO BE A PART OF THE
CONSTITUTION OF GEORGIA OF 1945, WHICH WAS CON-
TINUED IN FORCE AND EFFECT AS PART OF THE CONSTI-
TUTION OF 1976 PURSUANT TO THE PROVISIONS OF
ARTICLE XIII, SECTION I, PARAGRAPH II, OF THE
CONSTITUTION OF 1976, WHICH AMENDMENT AUTHOR-
IZES THE GOVERNING AUTHORITY OF HENRY COUNTY
OR OF ANY MUNICIPAL CORPORATION WITHIN HENRY
COUNTY TO PROVIDE FOR THE EXEMPTION FROM ALL
AD VALOREM TAXATION BY SUCH GOVERNING AU-
THORITY OF TANGIBLE PERSONAL PROPERTY IN TRAN-
SIT FROM WITHOUT THE STATE THROUGH HENRY
COUNTY TO A DESTINATION OUTSIDE THE STATE, AND
OF TANGIBLE PERSONAL PROPERTY GROWN, HAR-
VESTED, MANUFACTURED, PROCESSED OR REFINED IN
HENRY COUNTY AND STORED THEREIN FOR SHIPMENT
OUTSIDE THE STATE; TO PROVIDE AN EFFECTIVE DATE;
AND FOR OTHER PURPOSES.
BE IT RESOLVED by the Board of Commissioners of Henry
County, Georgia, and it is hereby resolved by the authority of
the same pursuant to Article XI, Section I, Paragraph IV, of
the Constitution of the State of Georgia of 1983, authorizing
the continuation of certain amendments to the Constitution and
pursuant to the home rule provisions for counties of the Consti-
tution of the State of Georgia as follows:
Section 1. That certain constitutional amendment no. 72
(Res. Act 216, H.R. 718-1859, Ga.L. 1976, p. 1900 et seq.) duly
ratified at the 1976 general election by the voters of Henry
County and proclaimed by the governor to be a part of the
Constitution of Georgia of 1945, which was continued in force
and effect as part of the Constitution of Georgia of 1976 pursuant
to provisions of Article XIII, Section I, Paragraph II, of the
Constitution of 1976 and now in force and effect, which amend-
ment authorizes the governing authority of Henry County, or
of any municipal corporation within Henry County to provide
5180 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
for the exemption from all ad valorem taxation by such govern-
ing authority of tangible personal property transported into the
territorial jurisdiction of such governing authority from outside
the state in transit to a final destination outside the state and
of tangible personal property grown, harvested, manufactured,
processed or refined in Henry County and stored therein for
shipment outside the state, and which reads as follows:
"In order to encourage and enhance overall economic devel-
opment, increase employment, promote industry and commerce,
provide incentives for the location of new (or expansion of exist-
ing) manufacturing, processing, storage or transshipment facil-
ities, the governing authority of Henry County or any municipal
corporation within Henry County shall have the authority to
provide for the exemption from all ad valorem taxation by such
governing authority of tangible personal property transported
into the territorial jurisdiction of such governing authority from
outside the State in transit to a final destination outside the
State and of tangible personal property grown, harvested, manu-
factured, processed or refined in Henry County and stored
therein for shipment outside the State. Property shall not cease
to be in transit within the exemption granted pursuant to this
provision by virtue of the fact that while held, or while in stor-
age, in Henry County such property is assembled, bound, joined,
processed, disassembled, divided, cut, broken in bulk, packaged,
labeled, repackaged or relabeled. Such tangible personal prop-
erty shall not be exempt from State ad valorem taxation.
Said amendment shall not be repealed or deleted on July
1, 1987, as a part of the Constitution of the State of Georgia,
ratified at the general election of 1982, but the same specifically
shall continue in full force and effect on and after that date
as a part of that Constitution of the State of Georgia.
Section 2. 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
of Henry County, Georgia, for the purpose of examination and
inspection by the public, shall have been published in the Henry
Herald, the official county organ of Henry County, once a week
for three weeks immediately preceding its final adoption. The
same shall have been adopted at two regular consecutive meet-
ings of the Board of Commissioners of Henry County not less
GEORGIA LAWS 1985 SESSION
5181
than seven nor more than sixty days apart, and a certified copy
of the resolution and a copy of the required notice of publication
and an affidavit as to the publication of such notice shall have
been filed with the Secretary of the State of Georgia, all in
compliance with the provisions of the Constitution of the State
of Georgia of 1983.
Section 3. All resolutions or parts thereof in conflict here-
with are hereby repealed.
PUBLIC NOTICE
Notice is hereby given that the Board of Commissioners of
Henry County proposes to adopt a resolution under the home
rule for counties provisions of the Constitution of the State of
Georgia, a copy of the proposed resolution being on file in the
office of the Clerk of the Superior Court of Henry County, Geor-
gia, for the purpose of examination and inspection. The Clerk
of the Superior Court will furnish anyone, upon written request,
a copy of the proposed resolution.
SYNOPSIS OF PROPOSED RESOLUTION
Said resolution provides that as authorized under Article
XI, Section I, Paragraph IV, of the Constitution of the State
of Georgia of 1983, that certain constitutional amendment no.
72 (Ga.L. 1976, p. 1900 et seq.), duly ratified at the 1976 general
election by the voters of Henry County, which amendment au-
thorizes the governing authority of Henry County or of any
municipal corporation within Henry County to provide for the
exemption from all ad valorem taxation by such governing au-
thority of tangible personal property transported into the terri-
torial jurisdiction of such governing authority from outside the
state in transit to a final destination outside the state, and of
tangible personal property grown, harvested, manufactured,
processed or refined in Henry County and stored therein for
shipment outside the state, shall not be repealed or deleted on
July 1, 1987, as a part of the Constitution, but specifically shall
continue in full force and effect on and after that date as a
part of the Constitution of the State of Georgia of 1983.
The first reading of the proposed resolution occurred on Sep-
tember 18, 1984, during a regularly scheduled meeting of the
Board of Commissioners of Henry County.
5182 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
The second reading of the proposed resolution will occur
on October 2, 1984, during a regularly scheduled meeting of
the Board of Commissioners of Henry County.
The first consideration for adoption will occur during a regu-
larly scheduled meeting of the Board of Commissioners of Henry
County on October 2, 1984.
The second consideration for adoption will occur during a
regularly scheduled meeting of the Board of Commissioners of
Henry County on October 16, 1984.
Henry County
By: /s/ Edward H. Whiddon, Sr.
Board of Commissioners
of Henry County
/s/ Beverly P. McLeod, Clerk
(SEAL)
The first consideration of adoption of the foregoing resolution
was considered during a regularly scheduled meeting of the
Board of Commissioners of Henry County on October 2, 1984.
Upon motion being made and seconded, the foregoing resolution
was unanimously adopted.
This 2nd day of October, 1984.
/s/ Chairman, Edward H.
Whiddon, Sr.
/s/ Marion Hall Simpson,
Vice Chairman
/s/ Cerelle Spraggins,
Commissioner
/s/ Roy H. Kuhn,
Commissioner
Attest:
/s/ Clerk, Beverly P. McLeod
(SEAL)
GEORGIA LAWS 1985 SESSION
5183
The second consideration of adoption of the foregoing resolu-
tion was considered during a regularly scheduled meeting of
the Board of Commissioners of Henry County on October 16,
1984. Upon motion being made and seconded, the foregoing reso-
lution was unanimously adopted.
This 16th day of October, 1984.
/s/ Chairman, Edward H.
Whiddon, Sr.
/s/ Marion Hall Simpson,
Vice Chairman
/s/ Cerelle Spraggins,
Commissioner
/s/ Roy H. Kuhn,
Commissioner
/s/ W. D. Patrick,
Commissioner
Attest:
/s/ Clerk, Beverly P. McLeod
(SEAL)
CLERKS CERTIFICATE
I, BEVERLY MCLEOD, Clerk of the Board of Commissioners
of Henry County, do hereby certify that the foregoing pages
of typewritten matter pertaining to exemption from all ad valo-
rem taxation by such governing authority of tangible personal
property in transit from without the State through Henry
County to a destination outside the State, and of tangible per-
sonal property grown, harvested, manufactured, processed or
refined in Henry County and stored therein for shipment outside
the State, constitute a true and correct copy of said Resolution
adopted on October 16, 1984, by the members of the Board of
Commissioners in a regularly called and assembled meeting,
which was open to the public and at which a quorum was present
and acting throughout, and that the original of said Resolution
5184 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
appears of record in the Minute Book of the Board of Commis-
sioners of Henry County which is in my custody and control.
GIVEN under my hand and seal of the Board of Commission-
ers of Henry County, this 24th day of October, 1984.
/s/ Beverly McLeod,
as Clerk of the
Board of Commissioners of
Henry County, Georgia
(SEAL)
PUBLISHERS AFFIDAVIT
State of Georgia
County of Henry
I, NORMAN WITTLER, do hereby certify that I am the
Publisher of THE HENRY HERALD, the newspaper in which
the sheriffs advertisements appear for Henry County, and that
the attached notice of hearing concerning the adoption of the
Resolution shown in the attached Publishers Notice before the
Board of Commissioners of Henry County, Georgia, was pub-
lished in said newspaper on the following dates, to with: Septem-
ber 19 and 26, 1984, and October 3 and 10, 1984.
/s/ Norman Wittier,
Publisher
SWORN to and subscribed before me
this 22nd day of October, 1984.
/s/ A. J. Welch
Notary Public
State of Georgia
My commission expires: 4/3/86
Notice
Legal No. 863.
PUBLIC NOTICE
Notice is hereby given that the Board of Commissioners of
Henry County proposes to adopt a resolution under the home
GEORGIA LAWS 1985 SESSION
5185
rule for counties provisions of the Constitution of the State of
Georgia, a copy of the proposed resolution being on file in the
office of the Clerk of the Superior Court of Henry County, Geor-
gia, for the purpose of examination and inspection. The Clerk
of the Superior Court will furnish anyone, upon written request,
a copy of the proposed resolution.
SYNOPSIS OF PROPOSED RESOLUTION
Said resolution provides that as authorized under Article
XI, Section I, Paragraph IV, of the Constitution of the State
of Georgia of 1983, that certain constitutional amendment no.
72 (Ga. L. 1976, p. 1900 et seq.), duly ratified at the 1976 general
election by the voters of Henry County, which amendment au-
thorizes the governing authority of Henry County or of any
municipal corporation within Henry County to provide for the
exemption from all ad valorem taxation by such governing au-
thority of tangible personal property transported into the terri-
torial jurisdiction of such governing authority from outside the
state in transit to a final destination outside the state, and of
tangible personal property grown, harvested, manufactured,
processed or refined in Henry County and stored therein for
shipment outside the state, shall not be repealed or deleted on
July 1, 1987, as a part of the Constitution, but specifically shall
continue in full force and effect on and after that date as a
part of the Constitution of the State of Georgia of 1983.
The first reading of the proposed resolution occurred on Sep-
tember 18, 1984, during a regularly scheduled meeting of the
Board of Commissioners of Henry County.
The second reading of the proposed resolution will occur
on October 2, 1984, during a regularly scheduled meeting of
the Board of Commissioners of Henry County.
The first consideration for adoption will occur during a regu-
larly scheduled meeting of the Board of Commissioners of Henry
County on October 2, 1984.
5186 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
The second consideration for adoption will occur during a
regularly scheduled meeting of the Board of Commissioners of
Henry County on October 16, 1984.
Henry County
By: /s/ Edward H. Whiddon Sr.
Board of Commissioners
of Henry County
Beverly P. McLeod,
Clerk
4tc-10-10
Filed in the Office of the Secretary of State November 13,
1984.
FRANKLIN COUNTY INDUSTRIAL BUILDING
AUTHORITYLOCAL CONSTITUTIONAL AMENDMENT
CONTINUED.
A RESOLUTION OF THE COMMISSIONER AND THE AD-
VISORY BOARD OF FRANKLIN COUNTY, GEORGIA TO
CONTINUE IN FORCE AND EFFECT AS A PART OF THE
CONSTITUTION OF THE STATE OF GEORGIA, RATIFIED
AT THE GENERAL ELECTION IN 1982, THAT CERTAIN
CONSTITUTIONAL AMENDMENT NUMBER 226 (HOUSE
RESOLUTION NO. 531-1024), GA. L. 1962, P. 1103 ET SEQ.)
DULY RATIFIED AT THE 1962 GENERAL ELECTION AND
PROCLAIMED BY THE GOVERNOR TO BE A PART OF THE
CONSTITUTION OF GEORGIA OF 1945, WHICH WAS CON-
TINUED IN FORCE AND EFFECT AS PART OF THE CONSTI-
TUTION OF 1976 PURSUANT TO THE PROVISIONS OR
ARTICLE XIII, SECTION I, PARAGRAPH II OF THE
CONSTITUTION OF 1976, WHICH AMENDMENT CREATES
THE FRANKLIN COUNTY INDUSTRIAL BUILDING AU-
THORITY AND AUTHORIZES THE AUTHORITY TO ISSUE
BONDS FROM TIME TO TIME IN ORDER TO FINANCE CER-
GEORGIA LAWS 1985 SESSION
5187
TAIN UNDERTAKINGS WITHIN THE SCOPE OF ITS
POWER; TO PROVIDE AN EFFECTIVE DATE; AND FOR
OTHER PURPOSES.
BE IT RESOLVED by the Commissioner and the Advisory
Board of Franklin County, Georgia and it is hereby resolved
by the authority of the same, pursuant to Article XI, Section
I, Paragraph IV of the Constitution of the State of Georgia of
1983 authorizing the continuation of certain amendments to
the Constitution and pursuant to the Home Rule Provisions
for Counties of the Constitution of the State of Georgia, as fol-
lows:
Section 1. That certain Constitutional Amendment Num-
ber 226 (House Resolution 531-1024, Ga. L. 1962, p. 1103 et seq.)
duly ratified at the 1962 general election and proclaimed by
the Governor to be a part of the Constitution of Georgia of
1945, which was continued in force and effect as part of the
Constitution of 1976 pursuant to the provisions of Article XIII,
Section I, Paragraph II of the Constitution of 1976 and now
in force and effect, which amendment creates the Franklin
County Industrial Building Authority and authorizes the Au-
thority to issue bonds from time to time in order to finance
certain undertakings within the scope of its power shall not
be repealed or deleted on July 1, 1987, as a part of the Constitu-
tion of the State of Georgia, ratified at the general election in
1982, but same specifically shall continue in full force and effect
on and subsequent from that date as a part of that Constitution
of the State of Georgia.
Section 2. 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
of Franklin County, Georgia for the purpose of examination and
inspection by the public shall have been published in the Frank-
lin County Citizen, the official county organ of Franklin County,
once a week for three weeks immediately preceding its final
adoption, the same shall have been adopted at two regular con-
secutive meetings of the Commissioner and the Advisory Board
of Franklin County not less than seven nor more than sixty
days apart, and a certified copy of the resolution and a copy
of the required notice of publication and an affidavit as to the
publication of such notice shall have been filed with the Secre-
5188 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
tary of the State of Georgia, all in compliance with the provisions
of the Constitution of the State of Georgia of 1983.
Section 3. All resolutions or parts thereof in conflict here-
with are hereby repealed.
*
*
State of Georgia
County of Franklin
I, Gail Walls, Clerk of the Commissioner and the Advisory
Board of Franklin County, Georgia DO HEREBY CERTIFY that
the foregoing pages constitute a true and correct copy of the
resolution adopted by the Commissioner and the Advisory Board
of Franklin County, Georgia, at two regular consecutive meet-
ings on the 8th day of October, 1984 and on the 12th day of
November, 1984, the original of which said resolution being
duly recorded in the Minute Book of said Commissioner, which
Minute Book is in my custody and control.
WITNESS my hand and the official seal of Franklin County,
Georgia, this the 12th day of November, 1984.
/s/ Gail Walls
Clerk, Commissioner of
Franklin County, Georgia
(SEAL)
PUBLIC NOTICE
Notice is hereby given that the Commissioner and the Advi-
sory Board of Franklin County proposes to adopt a resolution
under the Home Rule for Counties provisions of the Constitution
of the State of Georgia a copy of the proposed resolution being
on file in the office of the Clerk of the Superior Court of Franklin
County, Georgia for the purpose of examination and inspection.
The Clerk of the Superior Court will furnish anyone, upon writ-
ten request, a copy of the proposed resolution.
SYNOPSIS OF PROPOSED RESOLUTION
Said resolution provides that as authorized under Article
XI, Section I, Paragraph IV of the Constitution of the State of
GEORGIA LAWS 1985 SESSION
5189
Georgia, that certain Constitutional Amendment Number 226
(Ga. Laws 1962, p. 1103 et seq.) duly ratified at the 1962 general
election by the voters of Franklin County, which amendment
creates the Franklin County Industrial Building Authority and
authorizes the Authority to issue bonds from time to time in
order to finance certain undertakings within the scope of its
power, shall not be repealed or deleted on July 1, 1987, as a
part of the Constitution but specifically shall continue in full
force and effect on and subsequent from that date as a part of
the Constitution of the State of Georgia.
Franklin County
By: /s/ Terrell Raper
Commissioner of
Franklin County
Attest:
/s/ Gail Walls
Clerk
(SEAL)
State of Georgia
County of Franklin
Personally appeared before the undersigned officer in and
for said State and County, W. FREDDIE LEE, who on oath
deposes and says that he is publisher of the "Franklin County
Citizen, the newspaper in which sheriffs advertisements ap-
pear for said County, and that the public notice, a true copy
of which is attached hereto, was published in said newspaper
on the following dates, to-wit: 10-25, 11-1, 11-8, 1984.
/s/ W. Freddie Lee
Sworn to and subscribed before me
this 9th day of November, 1984.
/s/ Theresa A. Certain
Notary Public
My Commission Expires: 11-5-87
(SEAL)
5190 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Filed in the Office of the Secretary of State November 14,
1984.
FITZGERALD AND BEN HILL COUNTY DEVELOPMENT
AUTHORITY; LOCAL CONSTITUTIONAL AMENDMENT
CONTINUED.
AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF
ROADS AND REVENUES OF BEN HILL COUNTY, GEOR-
GIA, TO CONTINUE IN FORCE THE LOCAL CONSTITU-
TIONAL AMENDMENT AND ACTS OF GENERAL ASSEM-
BLY CREATING THE FITZGERALD AND BEN HILL
COUNTY DEVELOPMENT AUTHORITY AS SUCH ACT WAS
SUBSEQUENTLY AMENDED; TO REPEAL CONFLICTING
ORDINANCES: AND FOR OTHER PURPOSES
WHEREAS, the Fitzgerald and Ben Hill County Develop-
ment Authority was created by a local amendment to the Consti-
tution of the State of Georgia (House Resolution 404-831; Ga.
L. 1962, p. 1011 et seq.); and by an act of the General Assembly
of the State of Georgia (Ga. L. 1963 p. 2003 et seq.): and,
WHEREAS, the aforesaid Act was amended (Ga. L. 1981,
p. 3957 et seq.) and,
WHEREAS, by referring to the aforesaid amendment and
acts, they are each incorporated herein by reference as fully
as if set forth herein; and,
WHEREAS, Article XI, Section I, Paragraph IV, of the Con-
stitution of the State of Georgia provides that local amendments
to the Constitution of 1877 and 1945 which were continued in
force and effect as a part of the Constitution of 1976, and amend-
ments to the Constitution of 1976 which were ratified not as
general amendments but which were of force and effect on the
effective date of the present Constitution should continue in
force until July 1,1987 at which time they should stand repealed
unless continued in force and effect either by a local law enacted
GEORGIA LAWS 1985 SESSION
5191
prior to July 1, 1987 or by ordinance or resolution duly adopted
prior to July 1, 1987 by the local governing authority in the
manner provided for the adoption of home rule amendments
to its charter or local act; and,
WHEREAS, the governing authority of Ben Hill County de-
sires, in conjunction with the governing authority of the City
of Fitzgerald, that the aforesaid local constitutional amendment
and acts shall be specifically continued in force and effect, and
WHEREAS, Article IX, Section II, Paragraph I of the Consti-
tution provides how counties may amend local acts;
NOW, THEREFORE, BE IT ORDAINED by the Board of
Commissioners of Roads and Revenues of Ben Hill County, Geor-
gia, and it is hereby ordained by authority of the same as follows:
Section 1. The aforesaid constitutional amendment and
acts of the Georgia General Assembly relating to the Fitzgerald
and Ben Hill County Development Authority, all of which are
eligible for continuation pursuant to the provisions of the pres-
ent Constitution of Georgia are hereby specifically continued
in force and effect without amendment.
Section 2. Upon final adoption, the Clerk of this body is
directed to transmit forthwith to the Secretary of State a certi-
fied copy of this ordinance and a copy of the notice of publication
and an affidavit of a duly authorized representative of the news-
paper in which the notice was published to the effect that the
notice has been published as provided by the Constitution and
Laws of the State of Georgia.
Section 3. This ordinance shall be effective immediately
upon its passage.
Section 4. All ordinances of parts thereof in conflict here-
with are hereby repealed.
Filed in Office 4th day of Oct. 1984
/s/ Audrey D. Jordan
Clerk, Ben Hill County
Superior Court
5192 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Georgia,
Ben Hill County.
Personally appeared before the undersigned, an officer au-
thorized by law to administer oaths, AUDREY D. JORDAN,
who after being first duly sworn on oath says that the attached
proposed ordinance of the Mayor and Council of the City of
Fitzgerald to continue in force Constitutional Amendment and
Acts of the General Assembly creating the Fitzgerald and Ben
Hill County Development Authority as such act was subse-
quently amended, was filed in my office as Clerk of Ben Hill
Superior Court on the 4th day of October, 1984, and that the
attached proposed ordinance of the Board of Commissioners of
Roads and Revenues of Ben Hill County, Georgia, to continue
in force and effect the local Constitutional Amendment and Acts
of the General Assembly creating the Fitzgerald and Ben Hill
County Development Authority as such act was subsequently
amended, was also filed in my office as Clerk of said Court on
the 4th day of October, 1984, and that the attached copy of
said ordinance of the Mayor and Council of the City of Fitzgerald
certified to by the Clerk of the Mayor and Council of the City
of Fitzgerald as being finally adopted on November 12, 1984,
was filed in my office on this the 16th day of November, 1984,
and the attached copy of said ordinance of the Board of Commis-
sioners of Roads and Revenues of Ben Hill County, Georgia,
certified to by the Clerk of said Board as finally adopted on
November 7, 1984, was filed in my office as Clerk of said Court
on the 16th day of November, 1984.
IN WITNESS WHEREOF the undersigned has hereunto af-
fixed her official signature and seal of said court on this the
16th day of November, 1984.
/s/ Audrey D. Jordan
Clerk of Superior Court
of Ben Hill County, Georgia
Sworn to and subscribed before me
on this the 16th day of November, 1984.
/s/ Clayton Jay, Jr.
Notary Public, Ben Hill County, Georgia
Georgia,
Ben Hill County.
GEORGIA LAWS 1985 SESSION
5193
Personally appeared before the undersigned, an officer au-
thorized by law to administer oaths, GERALD PRYOR, who
after being first duly sworn on oath says that he is the Editor
and Publisher of the Herald-Leader, the official organ of Ben
Hill County, Georgia, and the official organ of the City of Fitzger-
ald, Georgia, and the newspaper in which sheriffs advertise-
ments for Ben Hill County are published, and that the following
notices were published in said newspaper on October 18, 1984,
October 25, 1984, November 1, 1984 and November 8, 1984:
NOTICE OF CONTINUATION
OF CONSTITUTIONAL AMENDMENT
AND ACTS OF THE
GENERAL ASSEMBLY OF GEORGIA
Notice is hereby given, pursuant to providions of Article
IX, Section II, Paragraph I and Article XI, Section I, Paragraph
IV of the Constitution of the State of Georgia that the Board
of Commissioners of Roads and Revenues of Ben Hill County,
proposes to adopt at two regular consecutive meetings not less
than seven nor more than sixty days apart an ordinance to
continue in force and effect without amendment the local
amendment to the Constitution of the State of Georgia (Ga. L.
1962 P. 1011 et seq.) which was duly ratified, and Acts of the
Georgia General Assembly (Ga. L. 1963, p. 2003 et seq.; Ga. L.
1981, p. 3957 et seq.) which were duly adopted and which created
the Fitzgerald and Ben Hill County Development Authority and
amended the provisions with respect to same.
A copy of the proposed ordinance is on file in the office of
the Clerk of the Superior Court of Ben Hill County, Georgia
for the purpose of examination and inspection by the public,
as provided by the Constitution.
(10/18, 25, 11/1, 8)
NOTICE OF CONTINUATION
OF CONSTITUTIONAL AMENDMENT
AND ACTS OF THE
GENERAL ASSEMBLY OF GEORGIA
Notice is hereby given, pursuant to provisions of Article IX,
Section II, Paragraph II and Article XI, Section I, Paragraph
IV of the Constitution of the State of Georgia and Section 36-
5194 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
35-3 of the Official Code of Georgia Ann. that the Mayor and
Council of the City of Fitzgerald, Georgia, proposes to adopt
at two regular consecutive meetings not less than seven nor
more than sixty days apart an ordinance to continue in force
and effect without amendment the local amendment to the Con-
stitution of the State of Georgia (Ga. L. 1962 p. 1011 et seq.)
which was duly ratified, and Acts of the Georgia General Assem-
bly (Ga. L. 1963 p. 2003 et seq.; Ga. L. 1981, p. 3957 et seq.)
which were duly adopted and which created the Fitzgerald and
Ben Hill County Development Authority and amended the pro-
visions with respect to same.
A copy of the proposed ordinance is on file in the office of
the Clerk of the Mayor and Council of the City of Fitzgerald
and a copy of the proposed ordinance is of file in the office of
the Clerk of the Superior Court of Ben Hill County, Georgia
for the purpose of examination and inspection by the public,
as provided by the Constitution and the laws of Georgia.
(10/18, 25, 11/1, 8)
/s/ Gerald Pryor
Sworn to and subscribed before me
on this the 12th day of November, 1984.
/s/ Therese K. Griffin
Notary Public,
Ben Hill County, Georgia.
Filed in the Office of the Secretary of State December 7,
1984.
RICHMOND COUNTYEMPLOYEES PENSION FUND
AMENDED.
ORDINANCE NO. 84-24
An Ordinance to amend the RICHMOND COUNTY EM-
PLOYEES PENSION FUND ACT (Ga. L. 1945, pp. 748, as
GEORGIA LAWS 1985 SESSION
5195
amended by Ga. L. 1949, pp. 1982, Ga. L. 1951, pp. 3234, Ga.
L. 1953, pp. 2624, Ga. L. 1966, pp. 3360, Ga. L. 1971, pp. 3881,
Ga. L., 1976, pp. 4500, and Ga. L. 1980, pp. 4606), enacted pur-
suant to the provisions of the Constitution of the State of Georgia
that provides for Home Rule for Counties, so as to provide for
a reduction in the Countys contribution to the Pension Fund;
to provide for early retirement, delayed retirement, vesting, cost
of living adjustments, and payment of interest; to provide an
effective date; and for other purposes.
BE IT ORDAINED BY THE BOARD OF COMMISSIONERS
OF RICHMOND COUNTY, GEORGIA, AND IT IS HEREBY
ORDAINED BY AUTHORITY OF THE SAME AS FOLLOWS:
Section 1. The Richmond County Employees Pension
Fund Act (Ga. L. 1945, pp. 748, as amended by Ga. L. 1949,
pp. 1982, Ga. L. 1951, pp. 3234, Ga. L. 1953, pp. 2624, Ga. L.
1966, pp. 3360, Ga. L. 1971, pp. 3881, Ga. L. 1976, pp. 4500,
and Ga. L. 1980, pp. 4606) is hereby amended by striking Section
10 in its entirety and inserting in lieu thereof the following:
"Section 10. Upon the recommendation of the Countys actu-
ary, who shall be a member of the American Academy of
Actuaries, or an organization of which one or more members
is a member of the American Academy of Actuaries, the
Board may increase or decrease its contributions as recom-
mended by said Actuary.
Section 2. The Richmond County Employees Pension
Fund Act (Ga. L. 1945, pp. 748, as amended by Ga. L. 1949,
pp. 1982, Ga. L. 1951, pp. 3234, Ga. L. 1953, pp. 2624, Ga. L.
1966, pp. 3360, Ga. L. 1971, pp. 3881, Ga. L. 1976, pp. 4500
and Ga. L. 1980, pp. 4606) is hereby amended by adding the
following as a new section to be known as Section 14-(b) as
follows:
"Section 14-(b).
Paragraph INormal Retirement. Normal Retirement un-
der the Plan is retirement from the employ of the County
on the Normal Retirement Date. In the event of normal
retirement, payment of the retirement benefit shall be gov-
erned by the following provisions of this section.
5196 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
A. Normal Retirement Date: The Normal Retirement Date
of a Participant shall be the first day of the month coincident
with or next following the date he reaches age sixty (60).
B. Amount of Retirement Benefit.
(1) Basic Benefit: The monthly retirement benefit payable
to a Participant who retires on his Normal retirement date
shall be an amount equal to 2% of the highest salary or
wage or remuneration received as a permanent employee
within the period of seventy-two (72) months immediately
preceding his retirement for each years service up to a maxi-
mum of sixty (60) per centm of the highest salary.
Paragraph IIEarly Retirement.
Early retirement under the Plan is retirement from the em-
ploy of the County prior to the Normal Retirement date.
Early retirement shall be authorized only in the event that
the Participant shall have both attained age 50 and com-
pleted at least 15 years of Credited Service. In the event
of early retirement, payment of the retirement benefit shall
be governed by the following provisions of this section.
A. Early Retirement Date: The Early Retirement Date of
a Participant shall be the first day of the month coincident
with or immediately following the date he retires from the
employ of the County under the provisions of this section.
B. Amount of Retirement Benefit: A Participant at retire-
ment on his early Retirement date shall be at his option
receive either:
(1) a deferred monthly retirement benefit commencing on
his Normal Retirement date, provided he is then alive, equal
to an amount computed in the same manner as for normal
retirement in accordance with Sectin 14-(b)- Paragraph I-
B-(l), based on Credited service and Average Earnings as
of his Early Retirement Date; or
(2) an immediate monthly retirement benefit commencing
on his Early Retirement Date equal to the benefit in Section
14-(b) Paragraph I-B-(l) above, reduced by 5/12% for each
GEORGIA LAWS 1985 SESSION
5197
complete month by which the Early Retirement Date of a
Participant precedes his Normal Retirement Date.
Paragraph IIIDelayed Retirement.
Delayed retirement under the Plan is retirement from the
employ of the County after the Normal Retirement Date.
A participant may remain in the active employ of the County
beyond its Normal Retirement Date only at the request of
the Board and for such periods of additional employment
as shall be mutually agreed upon. In the event of delayed
retirement, payment of the retirement benefit shall be gov-
erned by the following provisions of this section.
A. Delayed Retirement Date: The Delayed Retirement Date
of a Participant shall be the first day of the month coincident
with or immediately following the date he actually retires
from the employ of the County after his Normal Retirement
Date.
B. Amount of Retirement Benefit. The monthly retirement
benefit payable to a Participant who retires on his Delayed
Retirement Date shall be an amount computed in the same
manner as for normal retirement in accordance with Section
14-(b) Paragraph I-B-(l), but based on credited Service and
Average Earnings as of his actual retirement date; provided,
however, such amount shall not be less than the monthly
benefit the Participant would have received had he retired
on his Normal Retirement Date.
Paragraph IVTermination of Employment.
A. A Participant who terminates employment with the
County prior to the completion of 10 years of Credited Ser-
vice, for any reason other than death, disability (as defined
within this act) or retirement, shall receive a lump-sum cash
amount equal the total of his Contributions with 5% interest
computed from January 1, 1977, payable within 60 days fol-
lowing his date of termination.
B. A Participant who terminates employment with the
County for any reason other than death, disability or early
retirement after the completion of at least 10 years of Cred-
5198 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ited Service, shall receive a deferred retirement benefit com-
mencing on his Normal Retirement date, provided he is then
alive, equal to the monthly benefit computed in the same
manner as for normal retirement in accordance with Section
14-(b) Paragraph I-B-(l) but determined as of his date of ter-
mination, multiplied by the applicable percentage based on
completed years of Credited Service in accordance with the
following tables:
Completed Years
of Credited Service
at Terminated Date
Applicable
Percentages Effective
of Monthly Benefit
Benefit Payable Rate
Less than 10 0% 0
10 50 10.0%
11 60 13.2
12 70 16.8
13 80 20.8
14 90 25.2
15 of more 100% 30.0 +
C. In lieu of the deferred monthly retirement benefit pro-
vided in Section 14-05) Paragraph IV-B, the terminated Par-
ticipant may elect to receive a lump-sum amount equal to
the total of his Contributions with 5% interest computed
from January 1, 1977, such amount to be payable within
60 days following the date of termination.
D. If a terminated Participant entitled to the deferred
monthly retirement benefit provided in Section 14-(b), Para-
graph IV-B dies prior to the commencement of such benefit,
his Beneficiary shall receive a lump sum amount equal to
the total of his contributions with 5% interest, computed
from January 1, 1977, such amount to be payable with 60
days following his date of death.
Paragraph VCost-of-Living Adjustment of Benefits. All re-
tirement and disability benefits received under Section 14-(b)
shall be entitled to annual adjustments pursuant to Section
20(A).
GEORGIA LAWS 1985 SESSION
5199
Paragraph VIInterest. The term "interest or "with inter-
est, unless otherwise stated, shall mean interest credited
on Participants contributions from January 1 next following
the date of which such contributions are made to the earlier
of (a) the date of termination of employment for any reason
and (b) the Participants Normal Retirement Date, with such
interest compounded annually at the rate of 5% per annum.
Paragraph VIIWithdrawal of Participants Contributions.
In all cases where previously adopted provisions of the 1945
act as amended call for participants contributions to be re-
funded that said refunding will be with "interest as com-
puted in Paragraph VI above.
Section 3. This ordinance is adopted by the Board of Com-
missioners of Richmond County, Georgia, pursuant to the provi-
sions of Article IX, Section 2, Paragraph 1 of the Constitution
of the State of Georgia of 1983, providing for Home Rule for
Counties.
Section 4. All laws or ordinances or parts of laws or ordi-
nances in conflict with this ordinance are hereby repealed.
Section 5. This ordinance shall become effective on Decem-
ber 15, 1984.
ADOPTED, this 20th day of November, 1984 and this 4th
day of December, 1984.
/s/ R. Jack Miles
Chairman, Board of
Commissioners of
Richmond County, Georgia
Attest:
/s/ Linda W. Beazley
County Administrator
I, the undersigned, LINDA W. BEAZLEY, County Adminis-
trator of the Board of Commissioners of Richmond County, Geor-
gia, do hereby certify that the foregoing is a true and correct
copy of an ordinance adopted by the said Board of Commission-
5200 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ers at two consecutive meetings, held on the following dates,
to-wit: November 20th, 1984, and December 4th, 1984, as the
same appear on the minutes of said Board.
This 4th day of December, 1984.
/s/ Linda W. Beazley
State of 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 Newspaper Corporation, pub-
lisher 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 public notice, a true copy of which
is hereto attached, being notice of an Ordinance to amend the
Richmond County Employees Pension Fund, was duly published
once a week for three weeks as required by law; said dates of
publication being November 16, 23 and 30, 1984.
/s/ Paul S. Simon, President of
Southeastern Newspaper
Corporation
Sworn to and subscribed before me, this 3rd day of December,
1984
/s/ Carol H. Koch
Notary Public, Richmond Co., Georgia
My Commission expires 3/06/87
PUBLIC NOTICE
The public is hereby notified that the County Attorney will
present to the Board of Commissioners of Richmond County,
Georgia, at its regular meeting on November 20, 1984, and on
December 4, 1984, an Ordinance to amend the RICHMOND
COUNTY EMPLOYEES PENSION FUND ACT (Ga. L. 1945,
GEORGIA LAWS 1985 SESSION
5201
pp. 748, as amended by Ga. L. 1949, pp. 1982, ga. L. 1951, pp.
3234, ga. L. 1953, pp. 2624, Ga. L. 1966, pp. 3360, Ga. L. 1971,
pp. 3881, Ga.L. 1976, pp. 4500, and Ga.L. 1980 pp. 4606 so as
to provide for a reduction in the Countys contribution to the
Pension Fund; to provide for early retirement, delayed retire-
ment, vesting, cost of living adjustments, and payment of inter-
est; and for other purposes.
The public is hereby further notified that it is necessary
for the Board of Commissioners to adopt said Ordinance at two
consecutive meetings held not less than seven nor more than
sixty 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 by Article IX, Section 2, Para-
graph 1 of the 1983 Constitution of the State of Georgia.
The public is further notified that a copy of the proposed
Ordinance has been filed with the Clerk of Superior Court of
Richmond County, Georgia, City-County Building, 5th floor, 500
block Greene Street, Augusta, Georgia, for public examination
and inspection, and copies of same are available with the Clerk
for any member of the public.
This 12th day of November, 1984.
/s/ Robert C. Daniel, Jr.
County Attorney
Richmond County, Georgia
Nov. 16, 23, 30, 1984
Filed in the Office of the Secretary of State December 11,
1984.
GEORGIA LAWS 1985 SESSION
5203
CHARTER AMENDMENTS
ADOPTED
PURSUANT TO
CHAPTER 35 OF TITLE 36 OF THE
OFFICIAL CODE OF GEORGIA ANNOTATED,
KNOWN AS
THE MUNICIPAL HOME RULE
ACT OF 1965
AND
RESOLUTIONS ADOPTED PURSUANT TO
ARTICLE XI, SECTION I, PARAGRAPH IV OF THE
CONSTITUTION OF THE STATE OF GEORGIA
PROVIDING FOR
CONTINUATION OF LOCAL
CONSTITUTIONAL AMENDMENTS
GEORGIA LAWS 1985 SESSION
5205
CITY OF DECATURDECATUR EMPLOYEES
RETIREMENT SYSTEM; MINIMUM RETIREMENT
BENEFITS.
AN ORDINANCE
TO AMEND THE DECATUR EMPLOYEES RETIREMENT
SYSTEM UNDER AND BY VIRTUE OF AND IN COMPLI-
ANCE WITH THE PROVISIONS OF THE MUNICIPAL HOME
RULE ACT OF 1965, AS AMENDED. [TITLE 36, CHAPTER
35, OFFICIAL CODE OF GEORGIA].
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, [Title 36, Chapter 35, Official
Code of Georgia], that the provisions of the charter of the City
of Decatur, Georgia, creating a system of retirement for the
employees of the City of Decatur known as the Decatur Employ-
ees Retirement System as set forth in the Act of the General
Assembly of Georgia approved February 25,1949, (1949 Georgia
Laws, pages 1681-1690); as amended by the Act of the Gen-
eral Assembly of Georgia approved January 15, 1951 (1951
Georgia Laws 2716-2718); and as amended by Act of the Gen-
eral Assembly of Georgia approved March 7,1955, (1955 Georgia
Laws 3102-3105); and as amended pursuant to the provisions
of The Municipal Home Rule Act of 1965 by Ordinance adopted
June 5,1967, and as further amended pursuant to the provisions
of The Municipal Home Rule Act of 1965 by Ordinance adopted
August 21,1978, by the City Commissioners of the City of Deca-
tur, Georgia, be and the same is hereby amended, as follows:
1.
This Ordinance shall be designated as Amendment 3 made
pursuant to The Municipal Home Rule Act of 1965 and shall
be effective January 1, 1984.
2.
ARTICLE V. RETIREMENT BENEFITS is amended to
add section 5 thereto, reading as follows:
5206 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
5. Minimum retirement benefit. A minimum retirement
benefit of $200.00 per month is established for each employee
who was retired and was receiving a retirement benefit as
of November 17, 1983.
First Adoption: 12/05/83
Attest: /s/ G. Curtis Branscome,
Acting Clerk,
City of Decatur,
Georgia
Second Adoption: 12/19/83
Attest: /s/ G. Curtis Branscome,
Acting Clerk,
City of Decatur,
Georgia
PUBLISHERS CERTIFICATE
State of Georgia
County of DeKalb
Personally appeared before the undersigned, a notary public
within and for said county and State, Gerald Wm. Crane, Co-
publisher of Decatur-DeKalb News/Era, a newspaper publisher
at Decatur, county of DeKalb, State of Georgia who, being duly
sworn, states on oath that the report of Public Notice-Retire-
ment System, a true copy of which is hereto annexed, was pub-
lished in said newspaper in its issue of the 1,8,15th day of Decem-
ber, 1983.
/s/ Gerald W. Crane, Co-Publisher
/s/ B. Lynn Crane, Agent
Acknowledgment of the publisher must be made before a no-
tary public or other official authorized to administer oaths.
Sworn to and subscribed before me this 15th day of Decem-
ber, 1983.
/s/ Linda L. Orr
Notary Public
GEORGIA LAWS 1985 SESSION
5207
My commission expires June 21, 1985
(SEAL)
PUBLIC NOTICE
NOTICE OF PROPOSED AMENDMENT TO THE DECATUR
EMPLOYEES RETIREMENT SYSTEM, 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
a proposed amendment to The Decatur Employees Retirement
System.
Synopsis of Proposed Amendment
The proposed amendment is designated as Amendment 3,
to be effective January 1, 1984.
Proposed change is:
Add a new section to Article V - Retirement Benefits, to
be numbered Section 5, to provide that a minimum retirement
benefit of $200.00 per month be established for each employee
who was retired and was receiving a retirement benefit as of
November 17, 1983.
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 amend-
ment to those persons who may have an interest therein upon
written request.
The City Commissioners will consider the proposed amend-
ment at two regular consecutive meetings to be held on the
5th day of December, 1983, and on the 19th day of December,
1983, at 7:30 oclock p.m., at the Council Chamber at the Decatur
City Hall.
5208 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 December 16th, 1983. All comments
respecting the proposed amendment received by December 16th,
1983, will be fully considered.
Notice is given this 1st day of December, 1983.
/s/ Robert E. Carpenter
Mayor, City of Decatur
Decatur City Hall
P. O. Box 220
Decatur, Georgia 30031
27-3848,12/1-12/15
Filed in the Office of the Secretary of State January 5,1984.
CITY OF COVINGTONFINES; ALTERNATE RECORDER;
SEARCH WARRANTS.
AN ORDINANCE
TO BE ENTITLED
AN ORDINANCE OF THE CITY OF COVINGTON, GEOR-
GIA, TO AMEND THE CHARTER OF THE CITY OF COVING-
TON, GEORGIA, AS ENACTED BY THE GENERAL ASSEM-
BLY OF THE STATE OF GEORGIA BY ACT APPROVED
JANUARY 30, 1962, (GEORGIA LAWS 1962, PAGE 2003) AS
AMENDED, PURSUANT TO MUNICIPAL HOME RULE ACT
OF 1965 (GEORGIA LAWS 1965, PAGE 298, CHAPTER 35 OF
TITLE 36, OFFICIAL CODE OF GEORGIA ANNOTATED) AS
AMENDED, TO AMEND CHARTER SECTION 34 FOR THE
PURPOSE OF INCREASING THE MAXIMUM FINE THAT
THE MAYOR AND COUNCIL MAY IMPOSE FOR VIOLA-
TION OF CITY ORDINANCES, BY-LAWS AND REGULA-
GEORGIA LAWS 1985 SESSION
5209
TIONS FROM $500.00 TO $1,000.00; TO AMEND CHARTER
SECTION 44 FOR THE PURPOSE OF PROVIDING FOR THE
APPOINTMENT OF AN ALTERNATE RECORDER AND THE
COMPENSATION THEREOF, TO INCREASE THE MAXI-
MUM FINE THAT MAY BE IMPOSED BY THE CITY RE-
CORDER, TO AUTHORIZE THE ISSUANCE OF SEARCH
WARRANTS; TO REPEAL CONFLICTING PROVISIONS; TO
PROVIDE FOR AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
BE IT ORDAINED by the Mayor and Council of the City
of Covington, Georgia, in Council duly assembled and it is hereby
ordained by the authority of same and pursuant to the provisions
of the Municipal Home Rule Act of 1965 (Georgia Laws 1965,
page 298) as amended, Chapter 35 of Title 36, Official Code of
Georgia Annotated, that the Charter of the City of Covington,
Georgia (Georgia Laws 1962, page 2003, et seq.) as amended
be further amended as follows:
1.
Sec. 34. "Power to Enact Ordinances; Maximum Penalty
of the Charter of the City of Covington, Georgia, is hereby
amended to expressly authorize the City by ordinance to provide
for fines for violations of ordinances, by-laws and resolutions
in amounts not to exceed $1,000.00 so that after amendment,
Sec. 34 of the Charter of the City of Covington, Georgia, shall
read as follows:
"Sec. 34. Power to Enact Ordinances; Maximum Penalty.
Said Mayor and Council shall have full power to pass all ordi-
nances, by-laws and regulations which they may deem necessary
to the good government of said City, the protection of property,
peace, good order, health, comfort and convenience of the citi-
zens thereof and to fix suitable penalties for the violation of
the same. They may provide for punishing violators of their
ordinances, by-laws, resolutions by fine, imprisonment in the
City prison or working in the public works camp; the fines in
no case to exceed $1,000.00 and the imprisonment in the City
prison not to exceed six (6) months and the sentence in the
public works camp not to exceed six (6) months and either one
or all of said penalties may be imposed at the discretion of
the Recorders Court.
5210 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
2.
Sec. 44. ''Recorders Court. of the Charter of the City of
Covington, Georgia, is hereby amended to provide for the ap-
pointment of an Alternate Recorder and the compensation
thereof, to increase the maximum fine that may be imposed
by the Recorder from $500.00 to $1,000.00, to increase the
amount of a fine the Recorder may impose (maximum) for con-
tempt of court, and to authorize the issuance of search warrants,
so that after amendment, Sec. 44 of the Charter of the City of
Covington, Georgia, shall read as follows:
"Sec. 44. Recorders Court. There shall be a Recorders Court
in said City for the trial of all offenders of the laws and ordi-
nances of said City to be held by the Recorder in the Courtroom
in the City Hall of said City as often as necessary. The Mayor
and Council shall designate a Recorder and an Alternate Re-
corder to serve in the absence or disqualification of the Recorder,
each of whom shall serve at the pleasure of the Mayor and
Council and may be removed with or without cause. The compen-
sation to be paid to the Recorder and Alternate Recorder shall
be as specified from time to time by the Mayor and Council.
The Recorder (and the Alternate Recorder) shall have the power
to preserve order and compel the attendance of witnesses and
punish for contempt by imprisonment not exceeding fifteen (15)
days or a fine not exceeding $1,000.00, either or both. The Re-
corder (and the Alternate Recorder) shall have full power and
authority upon conviction to sentence any offender to labor upon
the streets or other public works in said City for a period not
exceeding six (6) months or to impose a fine not exceeding
$1,000.00, or to sentence said offender to be confined and impris-
oned in the City prison, or other place of confinement in said
City for a period not exceeding six (6) months; either one or
more of said penalties may be imposed in the discretion of the
Recorder and/or the Alternate Recorder. The Recorder, and in
the absence of the Recorder, the Alternate Recorder, shall have
the right to issue criminal warrants, to hold preliminary trials
and to fix bonds of all persons tried before him, to answer for
their appearance at Newton Superior Court for a violation of
the criminal laws of this State, or in default of such bond, commit
such offenders to jail for safekeeping. The Recorder and in the
Recorders absence, the Alternate Recorder shall also have the
right to issue inspection warrants or search warrants as may
GEORGIA LAWS 1985 SESSION
5211
be necessary to ascertain violations of City Ordinances, rules
and regulations.
3.
All provisions of the Charter of the City of Covington that
conflict with this Ordinance are hereby expressly repealed.
4.
This Ordinance shall become effective upon complete compli-
ance with Sec. 36-35-5, Official Code of Georgia Annotated (Sec.
6 of the Municipal Home Rule Act of 1965, Georgia Laws 1965,
pages 298, 307); however, in no event shall this Ordinance be-
come effective prior to February 1, 1984.
First offered and adopted on the 19th day of December, 1983,
and again adopted on this the 16th day of January, 1984, the
next regularly scheduled meeting of the Mayor and Council
of the City of Covington succeeding its regularly scheduled meet-
ing of December 19, 1983.
The City of Covington
By: /s/ W. L. Dobbs, Mayor
Attest: /s/ (Mrs.) Betty L. Schell
City Clerk
(City Seal)
State of Georgia
City of Covington
County of Newton
I, BETTY L. SCHELL, do certify that I am Clerk of the
City of Covington, Georgia, and that the within and foregoing
matter constitutes a true and correct copy of an ordinance of
the City of Covington, Georgia, enacted and adopted at the regu-
larly scheduled meetings of the Mayor and Council of the City
of Covington, Georgia, on December 19,1983, and again on Janu-
ary 16,1984, the next regularly scheduled meeting of the Mayor
and Council of the City of Covington succeeding its regularly
scheduled meeting of December 19, 1983, and that the original
5212 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
thereof appears in the permanent records of the City of Coving-
ton, Georgia.
This is 17 day of January, 1984.
/s/ (Mrs.) Betty L. Schell
(City Seal) City Clerk
City of Covington, Georgia
State of Georgia
County of Newton
PUBLISHERS AFFIDAVIT
Personally appeared before the undersigned officer, DENNY
HILL, who says on oath that he is Editor of The Covington
News, a newspaper which has a general circulation in the munic-
ipality of Covington, Georgia, and is the official organ of Newton
County, Georgia, the county in which the City of Covington is
located, and that a legal notice, copy of which is attached hereto
as Exhibit "A and made a part hereof by reference, appeared
as a legal advertisement in the December 15, 22 and 29, 1983,
editions of The Covington News.
/s/ Denny Hill
Sworn to and subscribed before me,
this 16th day of January, 1984.
/s/ Jerry D. Bouchillon
Notary Public
Notary Public, Georgia, State at Large
My Commission Expires July 6, 1987
EXHIBIT "A
Legal No. 1411
December 15, 22, 29
NOTICE OF INTENT TO ADOPT AN AMENDMENT TO THE
CHARTER OF THE CITY OF COVINGTON, GEORGIA
PURSUANT TO MUNICIPAL HOME RULE ACT OF 1965
The Council of the City of Covington intends to adopt an
amendment to Sections 34 and 44 of the Charter of the City
GEORGIA LAWS 1985 SESSION
5213
of Covington, Georgia, as enacted by the General Assembly of
the State of Georgia by Act approved January 30,1962 [Georgia
Laws 1962, page 2003] as amended, pursuant to the Municipal
Home Rule Act of 1965 [Georgia Laws 1965, page 298] as
amended. The proposed amendments will authorize the City
of Covington by ordinance to increase the maximum fine that
may be imposed by the Recorders Court for violations of City
Ordinances, Regulations and By-Laws from $500.00 to $1,000.00
and will authorize the appointment of an Alternate Recorder
for the Recorders Court and authorize the City Recorder to
impose fines not exceeding $1,000.00 for violations of ordinances
and for contempt of court. A copy of the proposed amendment
is on file with the City Clerk, Mrs. Betty L. Schell, at City Hall,
Convers Street, Covington, Georgia, and in the Office of Clerk
of Superior Court of Newton County, Georgia, Newton County
Courthouse, Covington, Georgia, for the purpose of examination
and inspection by the public. The City Clerk shall furnish any-
one upon request a copy of the proposed amendment.
The City of Covington
By: [Mrs.] Betty L. Schell
City Clerk
Filed in the Office of the Secretary of State January 20,
1984.
CITY OF CORDELECITY MANAGER; SAFETY DIRECTOR.
AN ORDINANCE TO AMEND THE CHARTER OF THE
CITY OF CORDELE SO AS TO ABOLISH THE CHARTER
PROVISIONS FOR A SAFETY DIRECTOR; AND FOR OTHER
PURPOSES IN CONNECTION WITH SAID OBJECTIVES,
PURSUANT TO AUTHORITY CONTAINED IN SECTION 9.11
OF THE CHARTER OF THE CITY OF CORDELE (Ga.L., 1969,
p. 3852) AND THE MUNICIPAL HOME RULE ACT OF 1965
(O.C.G.A. 36-35-1, et seq.).
5214 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
The City Commission of the City of Cordele hereby ordains
certain amendments to the Charter of the City of Cordele, to-
wit:
1.
Section 3.22Chief Administrator, is hereby amended to
read as follows:
"Section 3.22 Chief Administrator. The city manager
shall be responsible to the City Commission for the proper
administration of all affairs of the city. As chief administra-
tor, the city manager shall have the power to appoint and
remove all officers, department heads, and employees in the
administrative service of the city, except the city attorney
who shall be appointed as provided for in Article 3 hereof.
The city manager shall report to the City Commission every
appointment and removal of a department head at the next
commission meeting folowing the appointment or removal.
It shall be the duty of the city manager to supervise the
administration of the affairs of the city; to see that the ordi-
nances, resolutions, and regulations of the City Commission
and the laws of the State are faithfully executed and en-
forced; to make such recommendations to the City Commis-
sion concerning the affairs of the city as he shall deem expe-
dient; to keep the City Commission advised of the financial
condition and future financial needs of the city; to attend
all meetings of the City Commission and to prepare and to
submit to the City Commission such reports as he may deem
expedient or as may be required of him by the City Commis-
sion. He shall perform such other functions as assigned by
the City Commission, provided however, his remuneration
shall not exceed the amount of salary fixed in Section 3.20.
Section 3.22Chief Administrator, before the amendment
aforesaid contained the following text (amendment to Charter
adopted March 2, 1983):
"Section 3.22Chief Administrator. The City manager
shall be responsible to the City Commission for the proper
administration of all the affairs of the city unless the City
Commission has appointed a safety director as hereinafter
provided. As chief administrator, the city manager shall
GEORGIA LAWS 1985 SESSION
5215
have the power to appoint and remove all officers, depart-
ment heads, and employees in the administrative service
of the city, except the city attorney who shall be appointed
as provided for in Article 3 hereof, and except the safety
director who shall be appointed and shall serve as provided
in Article 2A. hereof; however, if a safety director is serving
the city, the city manager may appoint and remove officers
and employees assigned to the police and fire departments
only upon written recommendation or approval of the safety
director. The city manager shall report to the City Commis-
sion every appointment and removal of a department head
at the next commission meeting following the appointment
or removal. Except as may be modified in the event a safety
director is serving as provided in Article 2A, it shall be the
duty of the city manager to supervise the administration
of the affairs of the city; to see that the ordinances, resolu-
tions, and regulations of the City Commission and the laws
of the State are faithfully executed and enforced; to make
such recommendations to the City Commission concerning
the affairs of the city as he shall deem expedient; to keep
the City Commission advised of the financial condition and
future financial needs of the city; to attend all meetings of
the City Commission and to prepare and to submit to the
City Commission such reports as he may deem expedient
or as may be required of him by the City Commission. He
shall perform such other functions as assigned by the City
Commission, provided however, his remuneration shall not
exceed the amount of salary fixed in Section 3.20.
2.
Article 2A, Safety Director, Sections 3.23 and 3.24, are here-
with deleted from the Charter of the City of Cordele. Said deleted
Article 2A, Safety Director, Sections 3.23 and 3.24, are quoted,
as follows:
"Article 2A, Safety Director
"Section 3.23Appointment; Qualifications; Term; Com-
pensation. The City Commission may, but is not required
to, appoint a safety director, who shall have such qualifica-
tions as the Commission may require. The safety director
shall serve at the pleasure of the City Commission and shall
receive such compensation as it shall determine.
5216 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
"Section 3.24Duties of the Safety Director. It shall be
the duty of the safety director to supervise the administra-
tion of the affairs of the police and fire departments of the
city; to see that the ordinances, resolutions, and regulations
of the City Commission and the laws of the State are faith-
fully executed and enforced; to make such recommendations
to the City Commission concerning police and fire protection
functions as he shall deem expedient; to attend all meetings
of the City Commission and to prepare and submit to the
City Commission such reports as he may deem expedient
or as may be required of him by the City Commission. The
safety director may appoint and remove officers and employ-
ees of the police and fire departments only upon written
approval of the city manager. In all matters fiscal the city
manager shall remain the chief administrator of the city;
all purchases for the police and fire departments shall be
according to purchase procedures under his supervision and
control; and all receipts collected by the police and fire de-
partments shall be accounted for as he may direct; however,
it shall be the duty and responsibility of the safety director
to enforce fiscal policies and procedures of the city manager
within the departments under his control. The safety direc-
tor is directly responsible to the City Commission for the
faithful and effective performances of his duties, as well as
the proper functioning of the departments under his con-
trol. (Amendment to Charter adopted March 2, 1983).
3.
It is declared to be the legislative intent of this Ordinance
that it be severable, and that if any portion thereof be found
illegal or unconstitutional by a court of competent jurisdiction
the remaining portions shall be of full force and effect.
4.
The requirements of O.C.G.A. 36-35-5 shall be accomplished
by the city attorney.
5.
The required notices to the public required by O.C.G.A.
36-35-3(b)(l) have appeared in The Cordele Dispatch and a copy
of such notice is attached hereto and made a part hereof.
GEORGIA LAWS 1985 SESSION
5217
6.
This Ordinance shall become effective upon approval and
signing by the Chairman, and filings accomplished with the Sec-
retary of State and the Clerk of Crisp Superior Court, as provided
by law.
INTRODUCED AND READ at the regular meeting of the Cor-
dele City Commission, January 3, 1984.
ADOPTED at the next consecutive regular meeting of the Cor-
dele City Commission, January 17, 1984.
/s/ Perry M. Culpepper, Chairman
Date: January 17, 1984
Attest:
/s/ Jackie R. Harvard, Clerk
[Official Seal]
PUBLISHERS AFFIDAVIT
Georgia, Crisp County.
Personally appeared before the undersigned officer duly au-
thorized to administer oaths came JACK C. MATHEWS, who
being first duly sworn, deposes and under oath says that he is
Publisher of The Cordele Dispatch, a newspaper of general circu-
lation in Crisp County, Georgia, in which the advertisements
of the Crisp County Sheriff appear and that the legal advertise-
ment, a copy of which is attached hereto as SCHEDULE A,
was published in the said The Cordele Dispatch, on December
30, 1983, January 6, 13, 1984, and that the said newspaper has
been paid for said publication.
This the 16th day of January, 1984.
/s/ Jack C. Mathews
Sworn to and subscribed before me,
this 16th day of January, 1984.
/s/ Betty L. Taylor
Notary Public
My Commission Expires 9-19-86
[Notarial Seal]
5218 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SCHEDULE A
SYNOPSIS OF PROPOSED AMENDMENTS TO THE
CHARTER OF THE CITY OF CORDELE
Pursuant to provisions of the Municipal Home Rule Act of
1965 (O.C.G.A. Sec. 36-35-30?) (D) the City Commission of the
City of Cordele herewith gives notice of its intention to amend
the Charter of the City of Cordele (Georgia Laws, 1969, p. 3806,
et seq.) by Ordinance to be introduced at its regular meeting
January 3, 1984, and adopted in final form at its next regular
meeting January 17, 1984.
A synopsis of the proposed ordinance is as follows:
1. CHARTER PROVISION FOR SAFETY DIRECTOR
ABOLISHED
Article (2A) will be deleted from the Charter. Article (2A)
provides for appointment of a safety director, his qualifications,
term of office, compensation, duties, and responsibilities.
2. CITY MANAGER IS CHIEF ADMINISTRATOR OF THE
CITY
Section 3.22 of the Charter is to be amended so as to provide
that the City Manager is the chief administrator of the City,
including areas previously under responsibility of the Safety
Director.
The amended Section 3.22 will be exactly as Section 3.22
appeared in the original Charter of the City enacted by the
Legislature in 1969 (Ga.L., 1969, pp. 3832, 3833).
3. FULL TEXT OF PROPOSED ORDINANCE AVAIL-
ABLE TO THE PUBLIC
A copy of the proposed amendmends (ordinance) is on file
in the Office of the Clerk of the City of Cordele and the Office
of the Clerk of the Superior Court of Crisp County for the pur-
pose of examination and inspection by the public.
The Clerk of the City of Cordele shall furnishh anyone, upon
written request, a copy of the proposed amendments (ordinance).
GEORGIA LAWS 1985 SESSION
5219
This 20th day of December, 1983.
Cordele City Commission
/s/ Perry M. Culpepper,
Chairman
Dec. 30
Jan. 6, 13
CERTIFICATE OF SERVICE
Georgia, Crisp County.
I hereby certify that I have served a true and accurate copy
of the foregoing Ordinance upon Honorable MAX B. CLELAND,
Secretary of State, State of Georgia, by mailing the same to
the Office of the Secretary of State, State Capitol, Atlanta, Geor-
gia 30334, in a properly addressed envelope, with sufficient post-
age attached to assure delivery through the United States Mail,
this the 18th day of January, 1984.
/s/ Guy V. Roberts, Jr.
City Attorney
City of Cordele
CERTIFICATION
Georgia, Crisp County.
This is to certify that the within Ordinance is a true and
accurate copy of an Ordinance passed in final form by the City
Commission of the City of Cordele, Georgia, on the 17th day
of January, 1984, as the same appears upon the Official Records
of the said City of Cordele, and that the said Ordinance is now,
and has been since said date, in full force and effect. I further
certify that I am the lawfully appointed Custodian of the said
Official Records of the said City of Cordele.
This the 18th day of January, 1984.
/s/ Jackie R. Harvard
City Clerk
[Official Seal]
5220 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Filed in the Office of the Secretary of State January 25,
1984.
CITY OF ROCKMARTINTEREST RATE ON DELINQUENT
TAXES.
AN ORDINANCE
No. 1984-002
AN ORDINANCE TO AMEND SECTION 4.12 OF THE
CHARTER OF THE CITY OF ROCKMART, GEORGIA
WHEREAS, the Mayor and Council of the City of Rockmart,
Georgia, believe it to be in the best interest of the City, its
property owners and citizens that Section 4.12 entitled "Millage
Rates, Tax Due Dates, Tax Delinquency Dates, Tax Bills, Inter-
est After Execution of the Charter of the City of Rockmart,
Georgia, be amended and modified so as to bring the Citys Char-
ter into conformity with the provisions of 48-2-40 and 48-
3-8 of the Official Code of Georgia; and
WHEREAS, municipal charters may be amended by Ordi-
nances duly adopted at two regular consecutive meetings of the
municipal governing authority not less than seven (7) days nor
more than sixty (60) days apart, pursuant to the provisions of
36-35-3(b) (1); and
WHEREAS, upon the first reading of this Ordinance by the
Mayor and Council of the City of Rockmart, Georgia, held on
December 13, 1983, the same was unanimously approved and
adopted; and
WHEREAS, pursuant to the provisions of 36-35-3(b) (1),
the public was notified of the proposed Charter amendment, a
copy of said notice being attached hereto as Exhibit A, and
made by reference a part hereof; and
WHEREAS, this Ordinance coming on for final hearing this
date as allowed by law, and it appearing that said Ordinance,
GEORGIA LAWS 1985 SESSION
5221
notice and publication, and publishers affidavit are in order;
and
WHEREAS, it appears that the above-described amendment
to the Charter of the City of Rockmart, Georgia would be in
the best interest of the City, its property owners and citizens.
NOW, THEREFORE, BE IT RESOLVED AND ORDAINED
BY THE MAYOR AND COUNCIL OF THE CITY OF ROCK-
MART, GEORGIA, AS FOLLOWS:
1.
That the Charter of the City of Rockmart, Georgia be, and
the same is hereby amended, by striking paragraph (b) of Section
4.12 entitled "Millage Rates, Tax Due Dates, Tax Delinquency
Dates, Tax Bills, Interest After Execution, as codified, and by
inserting in lieu thereof the following:
"Section 4.12. Millage Rates, Tax Due Dates, Tax Delin-
quency Dates, Tax Bills, Interest After Execu-
tion.
(b) All taxes due to the City of Rockmart shall bear interest
at the rate of one percent (1%) per month from the date
the tax is due until the date the tax is paid, and any period
of less than one (1) month shall be considered to be one (1)
month, all as provided in 48-2-40 of the Official Code of
Georgia. On and after the date when such taxes become
delinquent, the tax records of the City shall have the force
and effect of a judgment of a Court of Records.
2.
Except as herein modified, the provisions of Section 4.12
and Article IV of the Charter of the City of Rockmart, Georgia,
as heretofore amended, shall remain in full force and effect
as to all particulars contained therein.
3.
The effective date of this Ordinance shall be January 10,
1984.
5222 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
4.
If any section or provision or parts thereof, in this Ordinance
shall be adjudged invalid or unconstitutional, such invalidity
or unconstitutionality shall not affect the validity of the Ordi-
nance as a whole or of any other section or provision or part
hereof or the validity of the Charter of the City of Rockmart,
Georgia as a whole or of any other section or provision or part
thereof.
5.
The provisions of this Ordinance shall be included and incor-
porated in the Code of Ordinances of the City of Rockmart,
Georgia, as an addition or amendment thereto and shall be ap-
propriately renumbered to conform to the uniform numbering
system of the Code.
ADOPTED, as to the relevant provisions hereof for first read-
ing this 13th day of December, 1983.
/s/ George H. Scott
Mayor, City of Rockmart,
Georgia
Attest:
/s/ Helen A. Hurt
City Clerk
ADOPTED as to second and final reading this 10th day of
January, 1984.
/s/ Steven B. Smith
Mayor, City of Rockmart,
Georgia
Attest:
/s/ Helen A. Hurt
City Clerk
EXHIBIT A
NOTICE OF PROPOSED AMENDMENT TO CHARTER OF
THE CITY OF ROCKMART
Notice is hereby given that an Ordinance has been intro-
duced to amend paragraph (b) of Section 4.12 entitled "Millage
GEORGIA LAWS 1985 SESSION
5223
Rates, Tax Due Dates, Tax Delinquency Dates, Tax Bills, Inter-
est After Execution, as codified, of the Charter of the City of
Rockmart, Georgia, by striking the same in its entirety and
by inserting in lieu thereof the following:
"Section 4.12. Millage Rates, Tax Due Dates, Tax Delin-
quency Dates, Tax Bills, Interest After Execu-
tion.
(b) All taxes due to the City of Rockmart shall bear interest
at the rate of one percent (1%) per month from the date
the tax is due until the date the tax is paid, and any period
of less than one (1) month shall be considered to be one (1)
month, all as provided in 48-2-40 of the Official Code of
Georgia. On and after the date when such taxes become
delinquent, the tax records of the City shall have the force
and effect of a judgment of a Court of Records.
A copy of the proposed amendment to the Charter of the
City of Rockmart, Georgia amending Section 4.12 thereof is on
file in the office of the City Clerk of the City of Rockmart, and
in the office of the Clerk of the Superior Court of Polk County,
Georgia, for the purposes of examination and inspection by the
public.
This 13th day of December, 1983.
/s/ George H. Scott, Mayor
City of Rockmart, Georgia
TO RUN: December 21 and 28, 1983 and January 4, 1984.
PUBLISHERS AFFIDAVIT
Georgia, Polk County.
Before the undersigned officer comes JAMES AUBREY
THAXTON who, on oath, states that he is publisher of the Rock-
mart Journal, and that there has been deposited with said news-
paper the cost of publishing therein once a week for three consec-
utive weeks a notice, a copy of which is attached hereto as
Exhibit A.
/s/ James Aubrey Thaxton
5224 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me
this 10th day of January, 1984.
/s/ C. Stephen Malone
Notary Public
Notary Public, Georgia State At Large
My Commission expires, June 2, 1984
EXHIBIT A
NOTICE OF PROPOSED AMENDMENT TO CHARTER OF
THE CITY OF ROCKMART
Notice is hereby given that an Ordinance has been introduced
to amend paragraph (b) of Section 4.12 entitled "Millage Rates,
Tax Due Dates, Tax Delinquency Dates, Tax Bills, Interest After
Execution, as codified, of the Charter of the City of Rockmart,
Georgia, by striking the same in its entirety and by inserting
in lieu thereof the following:
"Section 4.12 Millage Rates, Tax Due Dates, Tax Delinquency
Dates, Tax Bills, Interest After Execution.
(b) All taxes due to the City of Rockmart shall bear interest
at the rate of one percent (1%) per month from the date the
tax is due until the date the tax is paid, and any period of
less than one (1) month shall be considered to ben one (1) month,
all as provided in Section 48-2-40 of the Official Code of Georgia.
On and after the date when such taxes become delinquent, the
tax records of the City shall have the force and effect of a judg-
ment of a Court of Records.
A copy of the proposed amendment to the Charter of the City
of Rockmart, Georgia amending Section 4.12 thereof is on file
in the office of the City Clerk of the City of Rockmart, and in
the office of the Clerk of the Superior Court of Polk County,
Georgia, for the purposes of examination and inspection by the
public.
This 13th day of December, 1983.
/s/ George M. Scott, Mayor
City of Rockmart, Georgia
Dec. 21, 28, Jan. 4
GEORGIA LAWS 1985 SESSION
5225
Filed in Office this 30 day of January, 1984.
Ip G. W. Galloway, Clerk
/s/ Lois Wester
CITY CLERKS CERTIFICATE
I, HELEN A. HURT, City Clerk to the Mayor and Council
of the City of Rockmart, Georgia, do hereby certify that the
foregoing constitutes a true and correct copy of Ordinance No.
1984-002 which was adopted on January 10,1984, by the Mayor
and Council of the City of Rockmart in a public meeting duly
called and assembled; that the original of said ordinance appears
of record in the minute books of the Mayor and Council of the
City of Rockmart which is in my custody and control; and that
the same has not been amended or repealed.
/s/ Helen A. Hurt, City Clerk
City of Rockmart, Georgia
Sworn to and subscribed before me
this 20th day of January, 1984.
/s/ Betty W. Parsons
Notary Public
Filed in the Office of the Secretary of State February 13,
1984.
CITY OF DECATURTEMPORARY LOAN PROVISIONS
REPEALED.
AN ORDINANCE
TO AMEND THE CHARTER OF THE CITY OF DECATUR,
GEORGIA UNDER AND BY VIRTUE OF AND IN COMPLI-
ANCE WITH AND PURSUANT TO THE PROVISIONS OF
5226 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
THE MUNICIPAL HOME RULE ACT OF 1965, AS AMENDED.
[TITLE 36, CHAPTER 35, OFFICIAL CODE OF GEORGIA].
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, [Title 36, Chapter 35, Official
Code of Georgia], that Section 48 of the charter of the City of
Decatur, Georgia, entitled "Authority of the mayor and commis-
sion as to the negotiation of temporary loans in the name of
the city be and the same is hereby repealed in its entirety.
The provisions of ARTICLE IX, SECTION V, PARAGRAPH
V, of the Constitution of Georgia govern the subject matter of
said section of the city charter.
First Adoption: January 23, 1984
Attest: /s/ G. Curtis Branscome,
Acting Clerk,
City of Decatur,
Georgia
Second Adoption: February 9, 1984
at adjourned
Regular
Session
Attest: /s/ G. Curtis Branscome,
Acting Clerk,
City of Decatur,
Georgia
PUBLISHERS CERTIFICATE
State of Georgia
County of DeKalb
Personally appeared before the undersigned, a notary public
within and for said county and State, Gerald Wm. Crane, Co-
publisher of Decatur-DeKalb News/Era, a newspaper publisher
at Decatur, county of DeKalb, State of Georgia who, being duly
sworn, states on oath that the report of Public Notice-Home
GEORGIA LAWS 1985 SESSION
5227
Rule Act of 1965, a true copy of which is hereto annexed, was
published in said newspaper in its issue of the 12,19,26th day
of January, 1984.
/s/ Gerald W. Crane, Co-Publisher
(by) /s/ Samme Johnson, Agent
Acknowledgment of the publisher must be made before a no-
tary public or other official authorized to administer oaths.
Sworn to and subscribed before me
this 26th day of January, 1984
/s/ Linda L. Orr
Notary Public
My commission expires June 21, 1985
(SEAL)
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
a proposed amendment to the Charter of the City of Decatur,
Georgia.
Synopsis of Proposed Amendment
The proposed amendment shall be effective upon adoption.
Proposed change is:
That Section 48 of the Charter of the City of Decatur, Georgia
entitled "Authority of the mayor and commission as to the nego-
tiation of temporary loans in the name of the City be repealed
in its entirety. The provisions of Article IX, Section V, Para-
graph V, of the Constitution of Georgia govern the subject mat-
ter of said section of the city charter.
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
5228 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 amend-
ment to those persons who may have an interest therein upon
written request.
The City Commissioners will consider the proposed amend-
ment at two regular consecutive meetings to be held on the
23rd day of January, 1984, and on the 6th day of February,
1984, at 7:30 oclock 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 3, 1984. All comments
respecting the proposed amendment received by February 3,
1984, will be fully considered.
Notice is given this 12th day of January, 1984.
/s/ Robert E. Carpenter
Mayor, City of Decatur
Decatur City Hall
P. O. Box 220
Decatur, Georgia 30031
27-4582,1/12-1/26
Filed in the Office of the Secretary of State February 14,
1984.
CITY OF EAST POINTREWARDS.
HOME RULE ORDINANCE
AN ORDINANCE ADOPTED PURSUANT TO THE MUNICI-
PAL HOME RULE ACT OF 1965 (Ga. L. 1965, p. 298, et seq.),
GEORGIA LAWS 1985 SESSION
5229
TO AMEND AN ACT ESTABLISHING A CHARTER FOR THE
CITY OF EAST POINT, GEORGIA, APPROVED ON AUGUST
19, 1912 (Ga. L. 1912, p. 862, et seq.), AND THE SEVERAL
ACTS AMENDATORY THEREOF, AND ESPECIALLY THAT
ACT APPROVED MARCH 9, 1972 (Ga. L. 1972, p. 2151, et seq.)
AND IS HEREBY FURTHER AMENDED BY PROVIDING AD-
DITIONAL POWERS OF THE CITY SO AS TO AUTHORIZE
PAYMENT OF REWARDS AS MAY BE PRESCRIBED BY OR-
DINANCE; TO PROVIDE FOR SEVERABILITY; TO REPEAL
CONFLICTING LAWS AND ORDINANCE PROVISIONS;
AND, FOR OTHER PURPOSES.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THE CITY OF EAST POINT ACTING BY AND THROUGH
THE POWERS GRANTED THEM UNDER THE MUNICIPAL
HOME RULE ACT OF 1965, AND AS AMENDED, AND IT
IS HEREBY ORDAINED BY AUTHORITY OF SAME THAT:
Section 1. An Act establishing a new Charter for the City
of East Point, Georgia, approved August 19, 1912 (Ga. L. 1912,
p. 862, et seq.) and the several acts amendatory thereof, and
especially that Act approved March 9, 1972 (Ga. L. 1972, p.
2151, et. seq.) and as amended is hereby further amended pur-
suant to the Municipal Home Rule Act of 1965 (Ga. L. 1965,
p. 298, et seq.) by adding to the powers granted to the City of
East Point, Georgia, additional powers to be added to Section
6 of said amendatory Act of 1972 (Ga. L. 1972, p. 2151, 2171)
which shall read as follows:
"(45) Provide by ordinance for the payment of rewards in
such amounts and upon such terms as shall be considered
appropriate by the Mayor and Council of the City of East
Point in consideration of the public health and safety of
the citizens of the City of East Point for crimes committed
within the city limits of the City of East Point.
Section 2. The City Clerk of said city is hereby directed
to publish a notice containing a synopsis of this proposed ordi-
nance in the official organ of Fulton County, Georgia, and in
the official newspaper of the City of East Point once a week
for three weeks within a period of sixty days immediately preced-
ing the final adoption of this ordinance. Said City Clerk shall
further file a copy of this proposed ordinance in the office of
5230 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
said clerk and in the office of the clerk of the Superior Court
of Fulton County, Georgia, for the purpose of examination and
inspection by the public. Said Clerk is further directed to furnish
anyone upon written request a copy of this proposed ordinance.
Upon adoption of this ordinance by the City Council, the City
Clerk is instructed within thirty days thereafter to furnish cer-
tified copies of this ordinance to the Secretary of State of the
State of Georgia for enrollment in Georgia Laws thereafter.
Section 3. Severability. In the event any section, subsec-
tion, sentence, clause or phrase of this ordinance shall be de-
clared or adjudged invalid or unconstitutional, such adjudication
shall in no manner affect the previously existing provisions of
the other sections, subsections, sentences, clauses or phrases
of this ordinance, which shall remain in full force and effect,
as if the section, subsection, sentence, clause or phrase so de-
clared or adjudicated invalid or unconstitutional were not origi-
nally a part thereof. The City Council hereby declares that it
would have passed the remaining parts of this ordinance or
retained the previously existing provisions if it had known that
such part or parts hereof would be declared or adjudicated in-
valid or unconstitutional.
Section 4. All Charter provisions, ordinances and parts
of ordinances in conflict herewith are hereby expressly repealed.
Section 5. This Ordinance shall become effective upon its
approval by the Mayor and Council of the City of East Point
unless subsequently vetoed as provided by law.
First Reading 9/6/83
Second Reading 9/19/83
GNS 7/83
This Ordinance having been properly considered and
adopted by the City Council of the City of East Point, Georgia,
same is hereby approved.
This 19 day of September, 1983.
/s/ Walter A. Ponder, Mayor
/s/ Evelyne K. Reeves, City Clerk
GEORGIA LAWS 1985 SESSION
5231
PUBLISHERS AFFIDAVIT
State of Georgia,County of Fulton.
Before me, the undersigned, a Notary Public, this day person-
ally came Frances K. Beck, who, being first duly sworn, accord-
ing to law, says that she is the President of the Daily Report
Company, publishers of the Fulton County Daily Report, official
newspaper published at Atlanta, in said county and State, and
that the publication, of which the annexed is a true copy, was
published in said paper on the 15, 22, 29, days of August, 1983,
and on the______days of_______, 19_As provided by law.
/s/ Frances K. Beck
Subscribed and sworn to before me
this 21 day of February, 1984
/s/ April M. Elmore
Notary Public, Georgia, State
at Large
My Commission Expires
Feb. 17, 1986
PUBLIC NOTICE
Pursuant to the "Municipal Home Rule Act of 1965, as
amended, notice is hereby given that the City Council of the
City of East Point proposes to consider for adoption an ordinance
to amend an act establishing a charter for the City of East
Point, Georgia, approved on August 19, 1912 (Ga. L. 1912, p.
862, et seq.) and the several acts amendatory thereof, and espe-
cially that act approved March 9, 1972 (Ga. L. 1972, p. 2151,
et seq.) and is hereby further amended by providing additional
powers to the City so as to authorize payment of rewards as
may be prescribed by ordinance; to provide for severability, to
repeal conflicting laws and ordinances provisions; and, for other
purposes.
A copy of the proposed ordinance is on file in the office of
the Clerk of the City of East Point at East Point City Hall,
2777 East Point Street, East Point, Georgia, and in the office
of the Clerk of the Superior Court of Fulton County, Fulton
5232 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
County Courthouse, 136 Pryor Street, S.W., Atlanta, Georgia,
for examination and inspection by the Public. The City Clerk
of said City will furnish anyone upon request with a copy of
the proposed ordinance.
The ordinance will be considered the first time at the regular
meeting of the City Council of the City of East Point on Tuesday,
September 6, 1983, and will be considered for final adoption
at the regular meeting of the Mayor and Council on Monday,
September 19, 1983.
/s/ Evelyne K. Reeves
City Clerk
City of East Point,
Georgia
Aug 15 22 29 1983 req.-2
Filed in the Office of the Secretary of State February 28,
1984.
CITY OF ATLANTAFULL-TIME EMPLOYEES OF
COMMISSIONS, COUNCILS, AND BOARDS.
DEPARTMENT OF CLERK OF COUNCIL
ATLANTA, GEORGIA
Ordinance and
Charter Amendment by
Finance Committee
January 17, 1984
AN ORDINANCE TO AMEND THE CITY OF ATLANTA
CHARTER, CHAPTER 4, ENTITLED "BOARDS AND COM-
MISSIONS SETTING FORTH THE AUTHORITY OF CITY
COUNCIL TO CREATE COMMISSIONS, COUNCILS, OR
BOARDS WHICH SHALL PERFORM VARIOUS DUTIES PRE-
SCRIBED BY COUNCIL, AND FOR OTHER PURPOSES SO
GEORGIA LAWS 1985 SESSION
5233
AS TO PROVIDE THAT REGULAR, FULL-TIME EMPLOY-
EES OF COMMISSIONS, COUNCILS OR BOARDS SHALL BE
SUBJECT TO ALL LAWS, ORDINANCES AND RESOLU-
TIONS GOVERNING EMPLOYEES OF THE CITY EXCEPT
AS OTHERWISE SPECIFICALLY PRESCRIBED IN THE CITY
OF ATLANTA CODE OF ORDINANCES, TO REPEAL CON-
FLICTING 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 Chapter 4 of the City of Atlanta Charter
entitled "Boards and Commissions relating to the establish-
ment of commissions, councils or boards be and is hereby
amended as set forth hereinbelow:
Section 2: That Chapter 4, Section 3-401, subsection (c)
of said Charter be and is hereby amended by deleting subsection
(c) in its entirety and substituting in lieu thereof the following:
"ALL REGULAR, FULL-TIME EMPLOYEES OF COMMIS-
SIONS, COUNCILS OR BOARDS WHICH HAVE BEEN
PREVIOUSLY CREATED, OR HEREAFTER CREATED BY
THE COUNCIL SHALL BE CONSIDERED TO BE EM-
PLOYEES OF THE CITY. SUCH EMPLOYEES SHALL BE
ENTITLED TO ALL OF THE BENEFITS AND PRIVI-
LEGES AS ARE OTHER EMPLOYEES OF THE CITY, AND
SHALL BE SUBJECT TO ALL LAWS, ORDINANCES AND
RESOLUTIONS GOVERNING EMPLOYEES OF THE
CITY EXCEPT AS OTHERWISE SPECIFICALLY PRE-
SCRIBED IN THE CITY OF ATLANTA CODE OF ORDI-
NANCES. SUCH EMPLOYEES SHALL BE WITHIN THE
UNCLASSIFIED SERVICE OF THE CIVIL SERVICE UN-
LESS THE COUNCIL SHALL PROVIDE BY ORDINANCE
FOR OTHER TERMS AND CONDITIONS OF EMPLOY-
MENT AND PERSONNEL MATTERS RELATING TO
SUCH EMPLOYEES. NO MEMBER OF A BOARD OR COM-
MISSION SHALL BE DEEMED AN EMPLOYEE OF THE
CITY UNDER THE PROVISIONS OF THIS SUBSECTION.
Section 3: That a copy of this proposed amendment to the
Charter of the City of Atlanta, Georgia (Ga. L. 1973, p. 2188,
5234 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 his 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 Feb.
20, 1984
Approved by the Mayor Feb.
27, 1984
A true copy
/s/ Jerry C. Bearden
Deputy Clerk CMC
"EXHIBIT A
NOTICE OF PROPOSED ORDINANCE TO AMEND THE CITY
OF ATLANTA CHARTER GOVERNING THE CITYS
BOARDS, COMMISSIONS AND COUNCILS
Notice is hereby given that an Ordinance has been introduced
which amends the City Charter governing the Boards, Commis-
sions and Councils of the City of Atlanta in accordance with
Section 3-401 of the Charter of the City of Atlanta (Ga. Laws
1973, p. 2188, approved March 16, 1973), so as to provide that
the regular, full-time employees of said Commissions, Councils
or Boards shall be subject to all laws, ordinances and resolutions
governing employees of the City except as otherwise specifically
prescribed in the City of Atlanta Code of Ordinances; 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
GEORGIA LAWS 1985 SESSION
5235
Clerk of the Superior Court of Fulton County and DeKalb
County, Georgia, for purposes of examination and inspection
by the public.
This the_______day of
____________, 1984
Larry Dingle, Clerk of Council
PUBLISHERS AFFIDAVIT
State of Georgia,County of Fulton.
Before me, the undersigned, a Notary Public, this day person-
ally came Frances K. Beck, who, being first duly sworn, accord-
ing to law, says that she is the President of the Daily Report
Company, publishers of the Fulton County Daily Report, official
newspaper published at Atlanta, in said county and State, and
that the publication, of which the annexed is a true copy, was
published in said paper on the 2nd, 9th, & 16th days of February,
1984, and on the _______ days of_______, 19__ As provided
by law.
/s/ Frances K. Beck
Subscribed and sworn to before me
this 28th day of February, 1984.
/s/ Dorothy G. Higgins
Notary Public, Georgia, State at Large
My Commission Expires Nov. 21, 1986
NOTICE OF PROPOSED ORDINANCE TO AMEND THE CITY
OF ATLANTA CHARTER GOVERNING THE CITYS
BOARDS, COMMISSIONS AND COUNCILS
Notice is hereby given that an Ordinance has been intro-
duced which amends the City Charter governing the Boards,
Commissions and Councils of the City of Atlanta in accordance
with Section 3-401 of the Charter of the City of Atlanta (Ga.
Laws 1973, p. 2188, approved March 16, 1973), so as to provide
that the regular, fulltime employees of said Commissions, Coun-
cils or Boards shall be subject to all laws, ordinances and resolu-
5236 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
tions governing employees of the City except as otherwise specif-
ically prescribed in the City of Atlanta Code of Ordinances; 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 the Superior Court of Fulton County and DeKalb
County, Georgia for purposes of examination and inspection
by the public.
This the 18th day of January, 1984.
/s/ Larry Dingle,
Clerk of Council
Feb 2 9 16 1984 req.-2
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 Constitu-
tion (Saturday), and The Atlanta Journal and The Atlanta Con-
stitution (Sunday), Newspapers of general circulation published
in the City of Atlanta, Georgia, and who further states under
oath that the advertisement attached hereto and made a part
of this affidavit appeared in The Atlanta Journal and Constitu-
tion February 2nd,9th, 16th,1984.
/s/ Garnette Sermons
Sworn to and subscribed before me,
This 20th day of February, 1984.
/s/ Shirley Holton Boggs
Notary Public, Georgia, State at Large
My Commission Expires Jan. 27, 1985
GEORGIA LAWS 1985 SESSION
5237
"EXHIBIT A
NOTICE OF PROPOSED ORDINANCE TO AMMEND THE
CITY OF ATLANTA CHARTER GOVERNING THE CITYS
BOARDS, COMMISSIONS AND COUNCILS
Notice is hereby given that an Ordinance has been introduced
which amends the City Charter governing the Boards, Commis-
sions and Councils of the City of Atlanta in accordance with
Section 3-401 of the Charter of the City of Atlanta (Ga. Laws
1973, p. 2188, approved March 16, 1973), so as to provide that
the regular, full-time employees of said Commissions, Councils
or Boards shall be subject to all laws, ordinances and resolutions
governing employees of the City except as otherwise specifically
prescribed in the City of Atlanta Code of Ordinances; 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 the Superior Court of Fulton County and DeKalb
County, Georgia, for purposes of examination and inspection
by the public.
This the 18th day of January, 1984.
/s/ Larry Dingle, Clerk of Council
PUBLISHERS CERTIFICATE
State of Georgia
County of DeKalb
Personally appeared before the undersigned, a notary public
within and for said county and State, Gerald Wm. Crane, Co-
publisher of Decatur-DeKalb News/Era, a newspaper publisher
at Decatur, county of DeKalb, State of Georgia who, being duly
sworn, states on oath that the report of Notice of Proposed Ordi-
nance to Amend The City of Atlanta-Charter Governing the
Citys Boards, a true copy of which is hereto annexed, was pub-
lished in said newspaper in its issue of the 2,9,16th day of Febru-
ary, 1984.
/s/ Gerald W. Crane, Co-Publisher
(by) Samme Johnson, Agent
5238 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Acknowledgment of the publisher must be made before a no-
tary public or other official authorized to administer oaths.
Sworn to and subscribed before me
this 28th day of February, 1984.
/s/ Linda L. Orr
Notary Public
My commission expires June 21, 1985
(SEAL)
NOTICE OF PROPOSED ORDINANCE TO AMEND THE CITY
OF ATLANTA CHARTER GOVERNING THE CITYS
BOARDS, COMMISSIONS AND COUNCILS
Notice is hereby given that an Ordinance has been introduced
which amends the City Charter governing the Boards, Commis-
sions and Councils of the City of Atlanta in accordance with
Section 3-401 of the Charter of the City of Atlanta (Ga. Laws
1973, p. 2188, approved March 16, 1973), so as to provide that
the regular, full-time employees of said Commissions, Councils
or Boards shall be subject to all laws, ordinances and resolutions
governing employees of the City except as otherwise specifically
prescribed in the City of Atlanta Code of Ordinances; 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 the Superior Court of Fulton County and DeKalb
County, Georgia, for purposes of examination and inspection
by the public.
This the 18th day of January, 1984.
/s/ Larry Dingle, Clerk of Council
27-4985, 2/2-2/16
Filed in the Office of the Secretary of State March 6, 1984.
GEORGIA LAWS 1985 SESSION
5239
CITY OF ALBANYPAVING OF ALLEYS; COSTS.
AN ORDINANCE
ENTITLED
84-113
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 TWO-THIRDS OF THE COST THEREOF
AGAINST EACH OF THE ADJOINING PROPERTY OWNERS
UPON THE SIGNED PETITION OF THE OWNERS OF FIFTY
PERCENT (50%) OF THE FRONT FOOTAGE OF THE PROP-
ERTY ADJACENT TO SAID ALLEY; TO PROVIDE FOR THE
PAYMENT BY THE CITY OF ALBANY OF ONE-THIRD OF
THE ENTIRE COST THEREOF; REPEALING PRIOR ORDI-
NANCES AND CHARTER PROVISIONS IN CONFLICT; AND
FOR OTHER PURPOSES.
BE IT ORDAINED by the Board of Commissioners of the
City of Albany, Georgia, and it is hereby ordained by the author-
ity 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 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
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 proce-
dures prescribed above relating to notice to property owner and
procedures for determining and assessing the cost of improve-
ment projects are applicable and shall be observed. and by
substituting in lieu thereof the following:
5240 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
"In addition to the foregoing authority, the City of Albany,
upon the signed petition of the owners of fifty percent (50%)
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, and to provide for the assessment of two-thirds of the
cost of the same against the owners of the property abutting
on each side of said alley, according to the frontage owned by
them thereon; provided, however, that all of the procedures pre-
scribed above relating to notice to the property owner and proce-
dures for determining and assessing the cost of improvement
projects, including authority to proceed on unanimous vote of
the Commissioners without the consent of the property owner,
are applicable and shall be observed.
Section 2. This ordinance shall become effective immedi-
ately upon its adoption by the Board of Commissioners of the
City of Albany at two regular consecutive meetings, and after
compliance with all of the provisions of the Municipal Home
Rule Act of 1965, as amended.
Section 3. All ordinances or parts of ordinances and all
charter provisions or parts of charter provisions in conflict here-
with are repealed.
/s/ James H. Gray, Sr.
Mayor
Attest:
/s/ Joann Pope
City Clerk
Adopted: February 14, 1984
Adopted: February 28, 1984
I do hereby certify that this is a true and correct copy.
/s/ Joann Pope
City Clerk
GEORGIA LAWS 1985 SESSION
5241
AFFIDAVIT OF PUBLISHER
State of Georgia
County of Dougherty
Personally appeared before the undersigned, an officer au-
thorized 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 sheriffs adver-
tisements for Dougherty County, Georgia are published, and
that the legal notice, a copy of which is attached hereto, was
published in the Albany Herald once a week for three weeks
on the following dates:
February 13, 20, & 27, 1984.
/s/ Geoffrey L. Gray
Sworn to and subscribed before me
this 1st day of March, 1984.
/s/ Pauline Buckner
Notary Public
My Commission Expires May 24, 1985.
NOTICE
Notice is given that there has been filed with the Clerk of the
City of Albany, Georgia, an ordinance proposing under the Mu-
nicipal Home Rule Act of 1965 to amend the Charter of the
City of Albany so as to provide for the paving of alleys and
the assessment of two-thirds of the cost thereof against each
of 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 and to provide for the payment
by the City of Albany of one-third of the entire cost thereof.
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
5242 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
file in the office of the Clerk of the Superior Court of Dougherty
County, Georgia, and such ordinance is available at either of
said places for the purpose of examination or inspection by the
public.
City of Albany, Georgia
By: /s/ James V. Davis
City Attorney
February 13, 20, 27, 1984
9949
Filed in the Office of the Secretary of State March 9, 1984.
CITY OF ALBANYMAYOR PRO TEM.
AN ORDINANCE
ENTITLED
84-114
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 THAT THE OFFICE OF MAYOR PRO TEM
SHALL BE FILLED BY ROTATION IN THE MANNER
HEREIN PROVIDED; REPEALING PRIOR 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 author-
ity of same:
Section 1. Section 3 of the Charter of the City of Albany,
entitled "Mayor, Mayor Pro Tern, and Board of Commissioners
Generally, is amended by striking therefrom the words, com-
GEORGIA LAWS 1985 SESSION
5243
mencing in the fourth line of said section, 7. . . a Mayor Pro
Tem, who shall be also a member of the Board of Commissioners,
and shall be elected from the city at large by all of the voters
of said city; . . and by adding at the end of the first paragraph
of said section, and immediately prior to the paragraph desig-
nated as (a), the following additional sentence: "There is also
created the office of Mayor Pro Tem, to be filled by rotation
among the Commissioners in the following order: by the Com-
missioner from the First Ward for the commission year 1985
and every seventh year thereafter; by the Commissioner from
the Second Ward for the commission year 1986 and every sev-
enth year thereafter; by the Commissioner from the Third Ward
for the commission year 1987 and ever seventh year thereafter;
by the Commissioner from the Fourth ward for the commission
year 1988 and every seventh year thereafter; by the Commis-
sioner from the Fifth Ward for the commission year 1989 and
every seventh year thereafter; by the Commissioner from the
Sixth Ward for the commission year 1990 and every seventh
year thereafter. The term "commission year as used herein
means the period commencing on the second Monday in January
of the year, and terminating on the second Monday of January
of the following year.
Section 2. This ordinance shall become effective immedi-
ately upon its adoption by the Board of Commissioners of the
City of Albany at two regular consecutive meetings, and after
compliance with all of the provisions of the Municipal Home
Rule Act of 1965, as amended.
Section 3. All ordinances or parts of ordinances and all
charter provisions or parts of charter provisions in conflict here-
with are repealed.
/s/ James H. Gray, Sr.
Mayor
Attest:
/s/ Joann Pope
City Clerk
Adopted: February 14, 1984
Adopted: February 28, 1984
5244 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
I do hereby certify that this is a true and correct copy.
/s/ Joann Pope
City Clerk
AFFIDAVIT OF PUBLISHER
State of Georgia
County of Dougherty
Personally appeared before the undersigned, an officer au-
thorized 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 sheriffs adver-
tisements for Dougherty County, Georgia are published, and
that the legal notice, a copy of which is attached hereto, was
published in the Albany Herald once a week for three weeks
on the following dates:
February 13, 20 & 27, 1984.
/s/ Geoffrey L. Gray
Sworn to and subscribed before me
this 1st day of March, 1984.
/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 filling the office of Mayor
Pro Tern by rotation among the members of the Board of Com-
missioners.
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
GEORGIA LAWS 1985 SESSION
5245
file in the office of the Clerk of Superior Court of Dougherty
County, Georgia, and such ordinance is available at either of
said places for the purpose of examination or inspection by the
public.
City of Albany, Georgia
By: /s/ James V. Davis
City Attorney
February 13, 20, 27, 1984
9954
Filed in the Office of the Secretary of State March 9, 1984.
CITY OF HAZLEHURSTRECORDERS COURT;
PENALTIES.
AN ORDINANCE
TO AMEND THE CHARTER OF
THE CITY OF HAZLEHURST
This is to certify that at the February 14, 1984, regularly
scheduled meeting of the Mayor and Council of the City of Hazle-
hurst, A Municipal Corporation of the State of Georgia, that
"An Ordinance to Amend the Charter of the City of Hazlehurst,
a true and correct copy of which is attached hereto as Exhibit
A and by this reference incorporated herein and made a part
hereof for all necessary purposes, was initially adopted and that
at the regularly scheduled March 13,1984, meeting of the Mayor
and Council of the City of Hazlehurst said Ordinance was
adopted and finally enacted and that said ordinance has been
filed in the Office of the Clerk of the City of Hazlehurst, all in
accordance with Title 36, Chapter 35, Section 36-35-3, of the
Official Code of Georgia Annotated, which chapter is known
and cited as "The Municipal Home Rule Act of 1965.
/s/ David L. Griffin
Clerk, City of Hazlehurst
(Seal)
5246 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
EXHIBIT A
AN ORDINANCE
TO AMEND THE CHARTER OF
THE CITY OF HAZLEHURST
WHEREAS, under the provisions of Section 21, Subsection
(a) of the Charter of the City of Hazlehurst (Georgia Laws 1953,
November-December Session, Page 2925 at Page 2954) the au-
thority to punish for any violation of a city ordinance or law
is limited to a "fine not exceeding $200.00, imprisonment not
to exceed 90 days , to work in the chaingang on the public
streets, or on such public works as the authorities may employ
the chaingang, not to exceed 60 days, any one or more of these
punishments as the Judge of the Municipal Court of the City
of Hazlehurst may deem appropriate; and
WHEREAS, it is the desire of the governing authority to
change such charter provision by updating same to reflect the
fines and punishments normally charged by other municipalities
of the State of Georgia, and to broaden the power of the Judge
of the Municipal Court of the City of Hazlehurst to punish for
violations of the laws and ordinances of said City by fines and
punishments more befitting the current day and time.
WHEREAS, under the authority of Title 36, Chapter 35,
Section 36-35-3 of the Official Code of Georgia Annotated, enti-
tled "The Municipal Home Rule Act of 1965, the governing
authority of municipalities of the State of Georgia are granted
power to amend by ordinance their charters if done in compli-
ance with such act.
NOW THEREFORE,
BE IT ORDAINED BY THE MAYOR AND COMMISSION-
ERS OF THE CITY OF HAZLEHURST, AND IT IS HEREBY
ORDAINED BY AUTHORITY THEREOF:
1.
Section 21, Subsection (a) of the Charter of the City of Hazle-
hurst as set forth at page 2954 of GEORGIA LAWS 1953NO-
VEMBER-DECEMBER SESSION is hereby amended by striking
GEORGIA LAWS 1985 SESSION
5247
therefrom the words "... .by fine not exceeding $200.00, im-
prisonment not to exceed 90 days. . . . in the third and forth
lines thereof and inserting in lieu thereof the words ". . . by
fine not exceeding $1,000.00, imprisonment not to exceed 180
days . . fg so that, as amended, said Subsection (a) will read
as follows:
(a) The recorder or any authorized presiding officer of the
recorders court, may punish for any violation of a city ordinance
or law by fine not exceeding $1,000.00, imprisonment not to
exceed 180 days, to work in the chaingang on the public streets,
or on such public works as the authorities may employ the chain-
gang, not to exceed 60 days, any one or more of these punish-
ments in the discretion of the recorder or presiding officer of
said court.
2.
This ordinance shall become effective upon compliance with
the requirements of Title 36, Chapter 35, Section 36-35-3 and
Section 36-35-5 upon adoption and filing with the Secretary of
State of the State of Georgia and the Clerk of Superior Court
of Jeff Davis County, Georgia.
Be it further ordained that all ordinances or parts of ordi-
nances in conflict herewith be and the same are hereby repealed.
Filed the 14 day of February 1984.
/s/ David L. Griffin
(Seal) City Clerk
ADOPTED initially on this the 14th day of February, 1984.
City of Hazlehurst
By: /s/ Lawrence G. Contos
Mayor
Attest: /s/ David L. Griffin
City Clerk
5248 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ADOPTED and FINALLY ENACTED on this the 13th day of
March, 1984.
City of Hazlehurst
By: /s/ Lawrence G. Contos
Mayor
Attest: /s/ David L. Griffin
City Clerk
AN ORDINANCE
TO AMEND THE CHARTER OF
THE CITY OF HAZLEHURST
This is to certify that a copy of the document entitled "An
Ordinance to Amend the Charter of the City of Hazlehurst,
a true and correct copy of which is attached hereto as Exhibit
A and by this reference incorporated herein and made a part
hereof for all necessary purposes, and in addition, a copy of
the required Notice of Publication of said proposed ordinance
and an affidavit of the publisher of the Jeff Davis County Ledger,
being the newspaper in which said notice was published, to the
effect that said notice has been published as provided in Section
36-35-3 of the Municipal Home Rule Act of 1965, have been
filed in the Office of the Clerk of Superior Court of Jeff Davis
County, Georgia, all in accordance with Section 36-35-3 and Sec-
tion 36-35-5 of the Municipal Home Rule Act of 1965.
/s/ Eula Mae Edwards
Clerk, Superior Court
Jeff Davis County, Georgia
EXHIBIT A
AN ORDINANCE
TO AMEND THE CHARTER OF
THE CITY OF HAZLEHURST
WHEREAS, under the provisions of Section 21, Subsection
(a) of the Charter of the City of Hazlehurst (Georgia Laws 1953,
November-December Session, Page 2925 at Page 2954) the au-
thority to punish for any violation of a city ordinance or law
GEORGIA LAWS 1985 SESSION
5249
is limited to a "fine not exceeding $200.00, imprisonment not
to exceed 90 days , to work in the chaingang on the public
streets, or on such public works as the authorities may employ
the chaingang, not to exceed 60 days, any one or more of these
punishments as the Judge of the Municipal Court of the City
of Hazlehurst may deem appropriate; and
WHEREAS, it is the desire of the governing authority to
change such charter provision by updating same to reflect the
fines and punishments normally charged by other municipalities
of the State of Georgia, and to broaden the power of the Judge
of the Municipal Court of the City of Hazlehurst to punish for
violations of the laws and ordinances of said City by fines and
punishments more befitting the current day and time.
WHEREAS, under the authority of Title 36, Chapter 35,
Section 36-35-3 of the Official Code of Georgia Annotated, enti-
tled "The Municipal Home Rule Act of 1965, the governing
authority of municipalities of the State of Georgia are granted
power to amend by ordinance their charters if done in compli-
ance with such act.
NOW THEREFORE,
BE IT ORDAINED BY THE MAYOR AND COMMISSION-
ERS OF THE CITY OF HAZLEHURST, AND IT IS HEREBY
ORDAINED BY AUTHORITY THEREOF:
1.
Section 21, Subsection (a) of the Charter of the City of Hazle-
hurst as set forth at page 2954 of GEORGIA LAWS 1953NO-
VEMBER-DECEMBER SESSION is hereby amended by striking
therefrom the words ". . . .by fine not exceeding $200.00, im-
prisonment not to exceed 90 days. . . . in the third and forth
lines thereof and inserting in lieu thereof the words ". . . by
fine not exceeding $1000.00, imprisonment not to exceed 180
days . . .so that, as amended, said Subsection (a) will read
as follows:
(a) The recorder or any authorized presiding officer of the
recorders court, may punish for any violation of a city ordinance
or law by fine not exceeding $1,000.00, imprisonment not to
5250 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
exceed 180 days, to work in the chaingang on the public streets,
or on such public works as the authorities may employ the chain-
gang, not to exceed 60 days, any one or more of these punish-
ments in the discretion of the recorder or presiding officer of
said court.
2.
This ordinance shall become effective upon compliance with
the requirements of Title 36, Chapter 35, Section 36-35-3 and
Section 36-35-5 upon adoption and filing with the Secretary of
State of the State of Georgia and the Clerk of Superior Court
of Jeff Davis County, Georgia.
3.
Be it further ordained that all ordinances or parts of ordi-
nances in conflict herewith be and the same are hereby repealed.
Filed the 14 day of February 1984.
/s/ David L. Griffin
(Seal) City Clerk
ADOPTED INITIALLY on this the 14th day of February, 1984.
City of Hazlehurst
By: /s/ Lawrence G. Contos
Mayor
Attest: /s/ David L. Griffin
City Clerk
ADOPTED and FINALLY ENACTED on this the 13th day of
March, 1984.
City of Hazlehurst
By: /s/ Lawrence G. Contos
Mayor
Attest: /s/ David L. Griffin
City Clerk
GEORGIA LAWS 1985 SESSION
5251
Georgia, Jeff Davis County
This is to certify that the within document is a true and
correct copy of the original ordinance on file in the office of
the Clerk of the City of Hazlehurst.
SO CERTIFIED:
/s/ David L. Griffin, Clerk
The City of Hazlehurst
NOTICE OF INTENT TO AMEND THE CITY CHARTER
OF THE CITY OF HAZLEHURST
IN ACCORDANCE WITH THE GEORGIA MUNICIPAL HOME
RULE ACT OF 1965
In accordance with the Georgia Municipal Home Rule Act
of 1965, notice is hereby given that the Mayor and Council of
the City of Hazlehurst propose to amend the charter of the
city of Hazlehurst by increasing the maximum fine and impris-
onment which the City Recorder shall have the power to impose
for violations of ordinances of the City of Hazlehurst from the
present amount of $200.00 to $1,000.00 and from the present
time of 90 days to 180 days.
This notice shall run once a week for three weeks in the
Jeff Davis County Ledger, to-wit: February 22, 1984; February
29, 1984; and March 7, 1984.
A copy of the proposed amendment is on file in the Office
of the Hazlehurst City Clerk and the Office of the Clerk of Supe-
rior Court of Jeff Davis County, Georgia.
This notice is given in accordance with the ordinance
adopted at the February 14,1984, regular meeting of the Mayor
and Council of the City of Hazlehurst, and the same will be
considered again at the March 13, 1984, meeting of the Mayor
and Council of the City of Hazlehurst.
/s/ E. M. Wilkes III
Wilkes, Johnson & Smith
Attorney for the City of
Hazlehurst
P. O. Drawer 900
Hazlehurst, Georgia 31539
5252 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Please run for 3 weeks beginning Feb. 22, 1984
Georgia, Jeff Davis County
PERSONALLY APPEARED before me this date, THOMAS
H. PURSER, Publisher of the Jeff Davis County Ledger, Hazle-
hurst, Jeff Davis County, Georgia, who certifies that the legal
notice entitled "Notice of Intent to Amend the City Charter
of the City of Hazlehurst in Accordance with the Georgia Munic-
ipal Home Rule Act of 1965 was published in the Jeff Davis
County Ledger on the following dates: February 22,1984; Febru-
ary 29, 1984; March 7, 1984.
This the 13th day of March, 1984.
/s/ Thomas H. Purser L.S. ;
Editor & Publisher
The Jeff Davis County Ledger
Hazlehurst, Georgia
Sworn to and subscribed before me,
this the 13th day of March, 1984.
/s/ E. M. Wilkes III
Notary Public, State of Ga. at large
My Commission Expires Apr 12th 1985
Georgia, Jeff Davis County
This is to certify that the within and foregoing document
is a true and correct copy of the original of this document which
is of record and on file in the office of the Clerk of the City of
Hazlehurst.
SO CERTIFIED:
/s/ David L. Griffin, Clerk
The City of Hazlehurst
Filed in the Office of the Secretary of State March 20, 1984.
GEORGIA LAWS 1985 SESSION
5253
CITY OF UNION CITYMUNICIPAL COURT; PENALTIES.
State of Georgia
City of Union City
Ordinance
No. 84-
AN ORDINANCE TO AMEND THE CHARTER OF THE
CITY OF UNION CITY; GEORGIA LAWS 1982, PAGES 4676,
4711, SECTION 6-103; TO PROVIDE FOR THE DEFINITION
OF FINES AND FORFEITURES WITHIN THE MUNICIPAL
COURT OF THE CITY OF UNION CITY; TO PROMOTE THE
PUBLIC HEALTH, SAFETY AND WELFARE; AND FOR
OTHER PURPOSES.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THE CITY OF UNION CITY and it is hereby enacted pursuant
to the authority of the same that Georgia Laws 1982, pages
4676, 4711, Section 6-103, be amended as follows: by striking
from Georgia Laws 1982, pages 4676, 4711, Section 6-103, the
words "five hundred dollars and in lieu thereof substituting
the words "one thousand dollars, and by striking the words
"ninety days and substituting the words "one hundred eighty
days, so that Georgia Laws, pages 4676, 4711, Section 6-103,
shall read as follows:
Sec. 6-103. Penalty for violation of laws, ordinances.
The judge of the Municipal Court may punish for any viola-
tion of a City ordinance or law by fine not exceeding one thou-
sand ($1,000.00) dollars and the cost of the Court; imprisonment
not to exceed one hundred eighty (180) days; work on the public
streets or on such public works as the Court may decide, for a
period not to exceed thirty (30) days; or by any combination
of these punishments in the discretion of the Court.
ENACTED this 20th day of March, 1984.
Mayor and Council of the
City of Union City
/s/ Fred T. Etris
Mayor
5254 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Attest:
/s/ Sonya Carter
City Clerk
PUBLISHERS AFFIDAVIT
State of Georgia,County of Fulton.
Before me, the undersigned, a Notary Public, this day person-
ally came Walter G. Nale, who, being first duly sworn, according
to law, says that he is the Vice President of the Daily Report
Company, publishers of the Fulton County Daily Report, official
newspaper published at Atlanta, in said county and State, and
that the publication, of which the annexed is a true copy, was
published in said paper on the 26 days of January, 1984, and
on the 29 days of February, 1984 As provided by law.
/s/ Walter G. Nale
Subscribed and sworn to before me
this 28th day of March, 1984
/s/ Dorothy G. Higgins
Notary Public, Georgia,
State at Large
My Commission Expires Nov.
21, 1986
NOTICE TO THE PUBLIC
PLEASE TAKE NOTICE that an ordinance has been intro-
duced before the Mayor and Council of the City of Union City
to amend the City Charter of the City of Union City, Georgia
Laws 1982, Pages 4676, 4711, Section 6-103, to provide for the
definition of fines and forfeitures within the Muncipal Court
of the City of Union City.
A copy of this ordinance is on file with the City Clerk of
the City of Union City and the Clerk of the Superior Court of
Fulton County for public view.
This 23rd day of January, 1984.
GEORGIA LAWS 1985 SESSION
5255
/s/ Sonya Carter, City Clerk
City of Union City
Jan 26 Feb 2 9 1984 req.-2
State of Georgia
City of Union City
CERTIFICATE OF CLERK
I, SONYA CARTER, City Clerk of the city of Union City
do hereby certify that the Home Rule Amendment concerning
the Municipal court of the city of Union City was read, consid-
ered and passed by the Mayor and Council of the city of Union
city at two (2) consecutive meetings. Said consecutive meetings
were held on March 6, 1984 and March 20, 1984.
This 16 day of April, 1984.
/s/ Sonya S. Carter, City Clerk
City of Union City
Filed in the Office of the Secretary of State April 3, 1984.
CITY OF EAST POINTMAYOR AND COUNCIL; SALARIES.
ORDINANCE
AN ORDINANCE ADOPTED PURSUANT TO THE MUNICI-
PAL HOME RULE ACT OF 1965 (Ga. L. 1965, p. 298, et. seq.
(Section 36, Chapter 35, O.C.G.A.)) TO AMEND AN ACT ES-
TABLISHING A CHARTER FOR THE CITY OF EAST POINT,
GEORGIA, APPROVED AUGUST 19, 1912 (Ga.L. 1912, p. 862,
et. seq.), AND THE SEVERAL ACTS AMENDATORY
THEREOF INCLUDING THAT ACT APPROVED MARCH 9,
1972 (Ga. L. 1972, p. 2151, et. seq.), AND THAT ACT AP-
PROVED APRIL 9, 1973 (Ga. L. 1973, p. 2577, et. seq.), AND
THAT HOME RULE ORDINANCE ADOPTED MAY 17, 1976
(enrolled in Ga. L. 1977, p. 4620, at 4621), AND PARTICU-
5256 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
LARLY AS FURTHER AMENDED BY THE HOME RULE ACT
ADOPTED JANUARY 4, 1982, TO SET THE SALARIES AND
OTHER COMPENSATION PAYABLE TO THE MAYOR AND
COUNCIL; TO PROVIDE FOR COMPLIANCE WITH THE MU-
NICIPAL HOME RULE ACT OF 1965; TO PROVIDE FOR EN-
ROLLMENT; TO PROVIDE FOR SEVERABILITY; TO RE-
PEAL CONFLICTING LAWS AND ORDINANCES; AND, FOR
OTHER PURPOSES.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THE CITY OF EAST POINT, AND IT IS HEREBY ORDAINED
BY AUTHORITY OF SAME THAT:
Section 1. An Act establishing a new Charter for the City
of East Point approved August 19, 1912 (Ga. L. 1965, p. 298,
et seq. (Section 36, Chapter 35, O.C.G.A.)) to amend an Act estab-
lishing a Charter for the City of East Point, Georgia, approved
August 19, 1912 (Ga. L. 1912, p. 862, et seq.) and the several
acts amendatory thereof including that act approved March 9,
1972 (Ga. L. 1972, p. 2151, et seq.) and that act approved April
9, 1973 (Ga. L. 1973, p. 2577, et seq.) and that Home Rule Act
adopted May 17, 1976 (enrolled in Ga. L. 1977, p. 4620, at 4621),
and particularly that Home Rule Act adopted January 4, 1982,
is hereby further amended by striking Section 19 of the Charter
of the City of East Point (designated as Section 2-111, according
to the present codification of the Charter and Ordinances of
the City of East Point) and inserting in lieu thereof a new Section
19, which shall read as follows:
"Section 19. Salaries of Mayor and Council.
Exclusive of the premiums paid by the City on group
insurance, the Mayor shall receive an annual salary up
through and including December 31,1984, of Four Thousand
Dollars ($4,000.00), and thereafter commencing on January
1, 1985, exclusive of the premium paid by the City on group
insurance, the Mayor shall receive an annual salary of Five
Thousand Two Hundred Dollars ($5,200.00), and the Mayors
salary shall not be reduced during his term of office. Upon
the effective date of this ordinance, each Councilman shall
receive an annual salary of Three Thousand Six Hundred
Dollars ($3,600.00), exclusive of premiums paid by the City
for group insurance. Said salaries of the Mayor and Council
shall be paid in equal bi-weekly installments. In addition
to the annual salary set forth above, the Mayor shall receive
an annual expense allowance, up through and including De-
GEORGIA LAWS 1985 SESSION
5257
cember 31, 1984, of Two Thousand Five Hundred Dollars
($2,500.00), payable bi-weekly; and thereafter, commencing
on January 1, 1985, the Mayor shall receive an annual ex-
pense allowance of One Thousand Three Hundred Dollars
($1,300.00), payable bi-weekly, and commencing upon the
effective date of this ordinance, each Councilman shall be
paid an annual expense allowance of One Thousand Eight
Hundred Dollars ($1,800.00), payable bi-weekly.
Section 2. The City Clerk of East Point, Georgia, is hereby
directed to publish a notice containing a synopsis of this pro-
posed ordinance in the official organ of Fulton County, Georgia,
and in the official newspaper of the City of East Point once a
week for three weeks within a period of sixty days immediately
preceding the final adoption of this ordinance. Said City Clerk
shall further file a copy of this proposed ordinance in the office
of said clerk and in the office of the clerk of the Superior Court
of Fulton County, Georgia, for the purpose of examination and
inspection by the public. Said City Clerk is further directed to
furnish anyone upon written request a copy of this proposed
ordinance. Upon adoption of this ordinance by the City Council,
the City Clerk is instructed within thirty days thereafter to
furnish certified copies of this ordinance to the Secretary of
State of the State of Georgia for enrollment in Georgia Laws
thereafter.
Section 3. Severability. In the event any section, subsec-
tion, sentence, clause or phrase of this ordinance shall be de-
clared invalid or unconstitutional, such adjudication shall in
no manner effect the previously existing provisions of the other
sections, subsections, sentences, clauses or phrases of this ordi-
nance, which shall remain in full force and effect, as if the
section, subsection, sentence, clauses or phrases so declared or
adjudicated invalid or unconstitutional were not originally a
part thereof. The City Council hereby declares that it would
have passed the remaining parts of this ordinance or retained
the previously existing provisions if it had known that such
part or parts hereof would be declared or adjudicated invalid
or unconstitutional.
Section 4. All Charter provisions, ordinances and parts
of ordinances in conflict herewith are hereby expressly repealed.
Section 5. This Ordinance shall become effective upon the
date of the taking of office of those elected at the next regular
5258 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
municipal election held immediately following the date of adop-
tion of this ordinance.
First Reading 3/19/84
Second Reading 4/2/84
GNS 2/84
This Ordinance having been properly considered and
adopted by the City Council of the City of East Point, Georgia,
same is hereby approved.
This 2 day of April, 1984.
/s/ Walter A. Ponder, Mayor
Attest:
/s/ Evelyne Reeves, City Clerk
TO WHOM IT MAY CONCERN:
I, Evelyne K. Reeves, City Clerk of the City of East Point, Geor-
gia do hereby certify that I am the keeper of the seal, minutes
and records of said city; that the attached is a true, correct
and exact copy of the original thereof, adopted on the 2nd day
of April, 1984, as the same appears on record in the office of
the City Clerk of the City of East Point, Georgia.
IN WITNESS WHEREOF I ahve hereunto affixed my official
signature and the corporate seal of said city this 4th day of
April, 1984,
/s/ Evelyne K. Reeves, City Clerk
PUBLISHERS CERTIFICATE
State of Georgia
County of Fulton
Personally appeared before the undersigned, a notary public
within and for said county and State, Fulton Georgia, publisher
of the Southside/Fayette Sun a newspaper published at East
Point, Georgia, county of Fulton, State of Georgia, who, being
duly sworn, states on oath that the report of Public Notice, a
GEORGIA LAWS 1985 SESSION
5259
true copy of which is hereto annexed, was published in said
newspaper in its issue of the 15, 22 day of March, 1984
/s/ Gerald W. Crane, Publisher
(by) /s/ Peggy B. Knight,
Agent
Acknowledgment of the publisher must be made before a no-
tary public or other official authorized to administer oaths.
Sworn to and subscribed before me
this 4th day of April, 1984
/s/ David H. Hamrick
Notary Public
My commission expires Sept., 1986.
(SEAL)
PUBLIC NOTICE
Pursuant to the "Municipal Home Rule Act of 1965, as
amended, notice is hereby given that the Mayor and Council
of the City of East Point propose to consider for adoption an
ordinance to amend an Act establishing a new charter for the
City of East Point, Georgia, approved August 19, 1912 (Ga. L.
1912, p. 762, et seq.) and the several Acts amendatory thereof,
including that Act approved March 9,1972 (Ga. L. 1972, p. 2151,
et seq), and that Act approved April 9, 1973 (Ga. L. 1973, p.
2577 et seq)., and that Home Rule Act adopted May 17, 1976
(enrolled in Ga. L. 1977, p. 4620, at 4621), and that Home Rule
Act adopted January 4, 1982, to set the salaries and other com-
penstion payable to the Mayor and Council, to provide for com-
pliance with the Municipal Home Rule act of 1965; to provide
for enrollment; to provide for severability; to provide for an
effective date; to repeal conflicting laws and ordinances; and,
for other purposes.
A copy of the proposed ordinance is on file in the office of
the City Clerk of the City of East Point, East Point City Hall,
2777 East Point Street, East Point, Fulton County, Georgia;,
and, in the office of the Clerk of the Superior Court of Fulton
County, Georgia, Fulton County Courthouse, 136 Pryor Street,
5260 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
S.W., Atlanta, Fulton County, Georgia for examination and in-
spection by the public. The City Clerk of said City and the Clerk
of the Superior Court of Fulton County will furnish anyone,
upon written request, with a copy of the proposed ordinance.
The ordinance will be considered the first time in the regular
meeting of the Mayor and Council of the City of East Point
on Monday, March 19, 1984 and will be considered for final
adoption at the regular meeting of the Mayor and Council of
the City of East Point on Monday, April 2, 1984.
/s/ Evelyne K. Reeves,
City Clerk
#4045, 3/29/84
PUBLISHERS AFFIDAVIT
State of Georgia
County of Fulton
Before me, the undersigned a Notary Public this day person-
ally came Frances K. Beck, who, after 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 in 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 22 29 days of March,
1984, and on the________days of________, 198_, as provided by
law.
/s/ Frances K. Beck
Subscribed and sworn to before me this 30th day of March,
1984.
/s/ Dorothy G. Higgins
Notary Public, Georgia,
State at Large
My Commission Expires
Nov. 21, 1986
PUBLIC NOTICE
Pursuant to the 'Municipal Home Rule Act of 1965, as
amended, notice is hereby given that the Mayor and Council
of the City of East Point propose to consider for adoption an
GEORGIA LAWS 1985 SESSION
5261
ordinance to amend an Act establishing a new charter for the
City of East Point, Georgia, approved August 19, 1912, (Ga. L.
1912, p. 862, et seq.) and several Acts amendatory thereof, in-
cluding that Act approved March 9, 1972 (Ga. L. 1972, p. 2151,
et seq.), and that Act approved April 9, 1973, (Ga. L. 1973, p.
2577, et seq.), and that Home Rule Act adopted May 17, 1976
(enrolled in Ga. L. 1977, p. 4620, at 4621), and that Home Rule
Act adopted January 4, 1982, to set the salaries and other com-
pensation payable to the Mayor and Council; to provide for com-
pliance with the Municipal Home Rule Act of 1965; to provide
for enrollment; to provide for severability; to provide for an
effective date; to repeal conflicting laws, and ordinances; and,
for other purposes.
A copy of the proposed Ordinance is on file in the office of
the City Clerk of the City of East Point, East Point City Hall,
2777 East Point Street, East Point, Fulton County, Georgia;
and, in the office of the Clerk of the Superior Court of Fulton
County, Georgia, Fulton County Courthouse, 136 Pryor Street,
S.W., Atlanta, Fulton County, Georgia, for examination and in-
spection by the public. The City Clerk of said City and the Clerk
of the Superior Court of Fulton County will furnish anyone,
upon written request, with a copy of the proposed Ordinance.
The Ordinance will be considered the first time in the regular
meeting of the Mayor and Council of the City of East Point
on Monday, March 19, 1984, and will be considered for final
adoption at the regular meeting of the Mayor and Council of
the City of East Point, Monday, April 2, 1984.
/s/ Evelyne K. Reeves
City Clerk
CITY CLERKS AFFIDAVIT
State of Georgia
County of Fulton
Personally appeared before the undersigned notary public,
Evelyne K. Reeves, Clerk of the City of East Point, and after
being duly sworn deposes and states under oath as follows:
I am the City Clerk of the City of East Point, Georgia, and
pursuant to my responsibilities as City Clerk and in compliance
with the Municipal Home Rule Act of 1965, hereby certify that,
5262 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
with respect to that Municipal Home Rule Ordinance adopted
April 2,1984,1 have in a proper and timely fashion transmitted
a copy of the said Ordinance and the publication notice for filing
with the Clerk of the Superior Court of Fulton County, Georgia,
for its inspection by the public, together with maintaining a
copy of said Ordinance in the office of the Clerk of the City of
East Point for inspection by the public together with providing
for publication of the legal notice, a copy of which is attached
hereto, and as is further evidenced by an affidavit of the publish-
ers.
Furthermore, in execution of this affidavit, I am transmitting
herewith a certified copy of the Ordinance as adopted by the
Mayor and Council of the City of East Point to the Secretary
of State of the State of Georgia for enrollment in Georgia Laws
as provided in the Municipal Home Rule Act of1965 as amended.
This 4 day of April, 1984.
/s/ Evelyne K. Reeves
Clerk, City of East Point
(Deponent)
Sworn to and subscribed before me
this 4th day of April, 1984.
/s/ Ovada N. Knight
Notary Public, Georgia, State at Large
My Commission Expires July 24, 1987
Filed in the Office of the Secretary of State April 11, 1984.
CITY OF DILLARDRECORDER; PENALTIES.
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
GEORGIA LAWS 1985 SESSION
5263
the first sentence of Section 6.03 of such Charter and substitut-
ing in lieu thereof a new sentence to read as follows:
"Be it further enacted, that the recorder shall have power
to impose fines, costs and forfeitures for the violation of any
law or ordinance of the City of Dillard passed in accordance
with this charter, for each offense, in an amount not to ex-
ceed one thousand dollars ($1,000.00), to imprison offenders
for a period of not more than one (1) year, or at labor on
the roads and streets or other public works of said city for
not more than one (1) year, 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.
CERTIFICATE
I, C. R. Pennington, Mayor 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 5th day of March, 1984 and
passed on second reading on the 2nd day of April, 1984.
/s/ C. R. Pennington, Mayor
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 its first meeting a pro-
posed amendment to the Charter of the City of Dillard, Georgia
and which amendment changes the jurisdiction of the recorder
of the City of Dillard by increasing the punishment which may
be imposed by such recorder from a fine not to exceed $200.00
and imprisonment not to exceed sixty (60) days to a fine not
to exceed $1,000.00 and imprisonment not to exceed one (1) year.
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
April 2, 1984 at 7:00 oclock 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 copy is also on file in the office of the Clerk of Rabun Superior
Court, Clayton, Georgia.
5264 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
/s/ Glenda Enloe
Glenda Enloe, Clerk
March 15, 22, 29 C
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 pub-
lished in The Clayton Tribune on March 15, 22, and 29, 1984.
/s/ James Wallace (L.S.)
Sworn to and subscribed before me
this 29 day of March, 1984.
/s/ Betty J. Wallace
Notary Public
My Commission Expires: June 10, 1985
Filed in the Office of the Secretary of State April 16, 1984.
CITY OF MARIETTACHIEFS OF POLICE AND FIRE
DEPARTMENTS; CIVIL SERVICE.
COUNCIL BILL NO. 186284
ORDINANCE NO. 4030
AMENDING the Charter of the City of Marietta, Georgia,
pursuant to the Municipal Home Rule Act of 1965 (Official Code
of Georgia Annotated, Chapter 36-35) so as to remove the Chiefs
of the Marietta Police Department and Marietta Fire Depart-
ment from coverage under the Fireman and Policeman Civil
Service, and for other purposes.
WHEREAS, it is in the best interest of the City that the
Chief of the Police Department and the Chief of the Fire Depart-
GEORGIA LAWS 1985 SESSION
5265
ment not be within the coverage of the Firemen and Policemen
Civil Service.
NOW, THEREFORE, be it ordained by the Mayor and Coun-
cil of the City of Marietta, Georgia, that:
Section 1: The Charter of the City of Marietta, Georgia,
is hereby amended by adding a new section to said Charter,
which shall be known as Section 4.12.1 "Selection of Police and
Fire Chief as follows:
(1) In the event any vacancy occurs in the office of the
Chief of the fire department or the office of the Chief
of the police department, the city manager shall appoint
an acting chief who shall hold such office with all the
powers appertaining thereto until a chief is appointed
as herein provided. The city manager shall recommend
to the council the name of a person deemed to be quali-
fied to fill such position. The council shall appoint such
person recommended by the city manager or some other
person deemed qualified to hold such position.
(2) The chief of the police department or the chief of the
fire department shall serve at the pleasure of the city
council, and may be removed, discharged, demoted or
suspended by the city manager with the approval of
the city council.
Section 2: The Charter of the City of Marietta, Georgia,
is further amended by deleting present Section 4.13 in its en-
tirety and substituting in lieu thereof a new Section 4.13 "Es-
tablished as follows:
All officers and members of the fire and police departments
of the city of the rank of assistant chief or below, shall be under
the civil service regulations, under the direction and supervision
of a board of civil service hereinafter created, and all persons
who may hereafter be elected or appointed as officers or mem-
bers of such departments shall thereafter remain and continue
their respective employment as such municipal officers and em-
ployees during good behavior, efficiency and obedience to such
reasonable rules and regulations as may from time to time be
prescribed by said civil service board, as hereinafter provided;
however, nothing herein contained shall be construed to prevent
5266 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
or preclude the removal of any officer or member of said fire
department or police department by said civil service board for
cause, in the manner herein prescribed.
Section 3. The Charter of the City of Marietta, Georgia,
is further amended by deleting Section 4.14 of said Charter in
its entirety, and substituting in lieu thereof a new Section 4.14
"Definitions as follows:
The following definitions, as used in this Division, shall ap-
ply-
Members of the fire department. All officers of the depart-
ment of the rank of assistant chief or below, captains, engineers
and firemen, fire inspectors, and all others who are regularly
carried on the payroll of such fire department, and in addition
to those specifically named hereinbefore such others as such
civil service board may find and designate to properly be such
members, with approval of the city council.
Members of the police department. All officers of the depart-
ment of the rank of assistant chief or below, and such other
persons as such civil service board may find and designate to
properly be such members with approval of the city council.
Section 4: The Charter of the City of Marietta, Georgia,
is further amended by deleting Section 4.23 in its entirety.
Section 5. The Charter of the City of Marietta, Georgia,
is further amended by deleting Section 4.24 of said Charter in
its entirety, and substituting in lieu thereof a new Section 4.24,
"Hearings as follows:
No member of the fire department of the rank of assistant
chief or below or of the police department of the rank of assistant
chief or below, shall be removed, discharged, demoted or involun-
tarily retired except for cause upon written charges or complaint
and after an opportunity for an open public hearing in his own
defense before the civil service board. Said hearing shall be
held within 30 calendar days after such removal, discharge,
or involuntary retirement or shall be deemed waived. Such
charges shall be served upon such person at least five (5) days
before the date fixed for such hearing. Such charges shall be
investigated by and before the civil service board after service
GEORGIA LAWS 1985 SESSION
5267
upon the person charged with a copy of the charges, as hereinbe-
fore provided. The decision of the board thereon shall be given
in writing to the accused and a copy thereof filed with the city
clerk. In all proceedings before the civil service board the city
attorney shall appear and represent the interest of the city when
ordered to do so by the civil service board. The person against
whom charges are preferred shall have the right to employ coun-
sel to represent him at the hearing before said board. Said board
shall have power to subpoena witnesses both in behalf of the
city and of the accused, and to require the production of any
books, papers or records material to the issues in said case,
by subpoena to be issued in the same manner as subpoenas
are issued by the municipal court, signed by the chairman of
said board, and said board shall have power to punish for con-
tempt by a fine not exceeding $10.00 or imprisonment not ex-
ceeding five (5) days any person willfully failing or refusing to
obey such subpoena.
Section 6. All ordinances or parts of ordinances in conflict
with this ordinance and the charter amendments contained
herein are hereby repealed.
Section 7. This ordinance shall become effective after its
adoption at two regular consecutive meetings of the governing
authority of the City of Marietta, and upon the signature or
without the signature of the Mayor, subject to Act. No. 333.
DATE: March 14, 1984 (First Reading)
VOTE: 7 Yeas
0 Nays
Approved: /s/ Robert E. Flourney,
Jr.
Mayor and Council
Attest: /s/ Barbara M. Goscha
City Clerk
DATE: April 11, 1984 (Second Reading)
VOTE: 7 Yeas
0 Nays
5268 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Approved: /s/ Robert E. Flourney,
Jr.
Mayor and Council
Attest: /s/ Barbara M. Goscha
City Clerk
CLERKS 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.
4030 is a true and correct copy as same appears of record as
approved by the Governing Body in regular meetings held on
March 14, 1984, and April 11, 1984.
Witness my hand and seal of the City of Marietta this 17th
day of April, 1984.
/s/ Barbara M. Goscha
(Seal) City Clerk
M-68
NOTICE
City of Marietta
Notice is hereby given that the Council of the City of Mar-
ietta, Georgia shall consider on March 14, 1984, beginning at
7:00 p.m. and on April 11, 1984, 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 Mar-
ietta (1977 Ga. Laws, 3541 et seq.) so as to remove the Chief
of the City Police Department and the Chief of the City Fire
Department from coverage under civil service. Copies of the
proposed amendments are on file in the office of the Clerk of
the City of Marietta, Georgia, 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 amendments should apply in writing to the above
described offices. All interested parties are invited to attend.
GEORGIA LAWS 1985 SESSION
5269
/s/ Barbara M. Goscha
Barbara M. Goscha,
City Clerk
City of Marietta, Georgia
3:2,9,16,23,30;4,6
City of Marietta
Cobb County, Georgia
I, Merle Starr, holding the position of Contoller, for the offi-
cial gazette for the legal advertisements in Cobb County, Geor-
gia, do hereby certify that the foregoing citation was duly pub-
lished in the Marietta Daily Journal on the following dates:
Friday, March 2, 1984, Friday, March 9, 1984, Friday, March
16, 1984, Friday, March 23, 1984, Friday, March 30, 1984, Fri-
day, April 6, 1984.
This 6 day of April, 1984.
/s/ Merle Starr
Sworn to and subscribed before me
this 6 day of April, 1984.
/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 April 19, 1984.
MACON-BIBB COUNTY URBAN DEVELOPMENT
AUTHORITYLOCAL CONSTITUTIONAL
AMENDMENT CONTINUED.
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE
CITY OF MACON TO CONTINUE IN FORCE THE LOCAL
CONSTITUTIONAL AMENDMENT CREATING THE MA-
CON-BIBB COUNTY URBAN DEVELOPMENT AUTHORITY
AS SUCH CONSTITUTIONAL AMENDMENT WAS SUBSE-
5270 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
QUENTLY FURTHER AMENDED BY LOCAL AMEND-
MENTS TO THE CONSTITUTION; TO PROVIDE AN EFFEC-
TIVE DATE; TO REPEAL CONFLICTING ORDINANCES;
AND FOR OTHER PURPOSES.
WHEREAS, the Macon-Bibb County Urban Development
Authority was created by a local amendment to the Constitution
of the State of Georgia (House Resolution 685-2027; Ga. L. 1974,
p. 1754 et seq.); and,
WHEREAS, the aforesaid local constitutional amendment
was twice amended (House Resolution 8102037; Ga. L. 1976,
p. 1827 and House Resolution 668-1666; Ga. L. 1980, p. 2128);
and,
WHEREAS, by referring to the aforesaid resolutions, they
are each incorporated herein by reference as fully as if set forth
herein; and,
WHEREAS, Article XI, Section I, Paragraph IV, of the Con-
stitution of the State of Georgia provides that local amendments
to the Constitutions of 1877 and 1945 which were continued
in force and effect as a part of the Constitution of 1976, and
amendments to the Constitution of 1976 which were ratified
not as general amendments but which were of force and effect
on the effective date of the present Constitution should continue
in force until July 1, 1987 at which time they should stand
repealed unless continued in force and effect either by a local
law enacted prior to July 1, 1987 or by ordinance or resolution
duly adopted prior to July 1,1987 by the local governing author-
ity in the manner provided for the adoption of home rule amend-
ments to its charter or local act; and,
WHEREAS, the governing authority of the City of Macon
desires, in conjunction with the governing authority of Bibb
County to continue the aforesaid local constitutional amend-
ments in effect; and,
WHEREAS, as authorized by Article IX, Section II, Para-
graph II of the Constitution, the Municipal Home Rule Act of
1965 (1965 G. Laws, p. 298, et seq. as amended) provides how
municipalities may adopt home rule amendments.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and
Council of the City of Macon, Georgia, and it is hereby ordained
by authority of the same as follows:
GEORGIA LAWS 1985 SESSION
5271
The aforesaid constitutional amendments described in
the preamble to this ordinance relating to the Macon-Bibb
County Urban Development Authority, all of which were
duly ratified by the people and are eligible for continuation
pursuant to the provisions of the present Constitution of
Georgia are hereby specifically continued in force and effect
without amendment.
Upon final adoption, the Clerk of this body is directed
to transmit forthwith to the Secretary of State and to the
Clerk of Bibb Superior Court a certified copy of this ordi-
nance and a copy of the notice of publication and an affidavit
of a duly authorized representative of the newspaper in
which the notice was published to the effect that the notice
has been published as provided by the Constitution of the
State of Georgia.
This ordinance shall be effective upon proper filing with
the Secretary of State and the Clerk of Bibb Superior Court.
All charter provisions or ordinances or parts thereof in con-
flict herewith are hereby repealed.
SO ORDAINED this 21th day of February, 1984.
/s/ Eugene Dunwody
President, City Council
APPROVED this 27th day of February, 1984.
/s/ George M. Israel III
Mayor
City of Macon, Ga.
I do hereby certify that the above and foregoing Ordinance was
duly passed at the Regular Meeting of the Council of the City
of Macon, held February 21, 1984. Witness my hand and seal
of the City of Macon this February 22, 1984.
/s/ James E. Hunnicutt
Clerk of Council (Seal)
Submitted to Mayors Office February 22, 1984
Returned from Mayors Office March 5, 1984
5272 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SO ORDAINED this 6th day of March, 1984.
/s/ Eugene Dunwody
President, City Council
APPROVED this 7th day of March, 1984.
/s/ George M. Israel III
Mayor
City of Macon, Ga.
I do hereby certify that the above and foregoing Ordinance was
duly passed at the Regular Meeting of the Council of the City
of Macon, held March 6, 1984. Witness my hand and seal of
the City of Macon this March 7, 1984.
/s/ James E. Hunnicutt
Clerk of Council
Submitted to Mayors Office March 7, 1984
Returned from Mayors Office March 7, 1984
April 10, 1984
I, James E. Hunnicutt, City Clerk, do hereby certify that the
attached ordinance #0-84-0009 to continue in force the local
constitutional amendment creating the Macon-Bibb County Ur-
ban Development Authority, is a true and correct copy of said
ordinance on file in the City Clerks Office, City Hall, Macon,
Georgia.
/s/ James E. Hunnicutt, City Clerk
City Hall
Macon, Georgia
NOTICE OF CONTINUATION OF CONSTITUTIONAL
AMENDMENT
Notice is hereby given, pursuant to provisions of Article IX,
Section II, Paragraph I and Article XI, Section I, Paragraph
IV of the Constitution of the State of Georgia that the City
GEORGIA LAWS 1985 SESSION
5273
Council of the City of Macon, Georgia, proposes to adopt at
two regular consecutive meetings not less than seven nor more
than sixty days apart an ordinance to continue in force and
effect without amendment the local amendments to the Consti-
tutions of the State of Georgia of 1945 and 1976 (Ga. L. 1974,
p. 1754; Ga. L. 1976, p. 1827; and Ga. L, 1980, p. 2128) which
were duly ratified and which created the Macon-Bibb County
Urban Development Authority and amended the provisions with
respect to the same.
A copy of the proposed ordinance is on file in the office of
the Clerk of the Bibb Superior Court, Bibb County Courthouse,
and in the office of the City Clerk of Macon, City Hall, for the
purpose of examination and inspection by the public, as provided
by the Constitution.
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 ADVER-
TISEMENT AS PER ATTACHED CLIPPING HAS BEEN PUB-
LISHED IN THE MACON TELEGRAPH AND NEWS ON THE
FOLLOWING DATES: 2/18; 2/25; 3/3
Signed: /s/ Richard M. Stone
for Judith R.
McCallum
Sworn to and subscribed before me
this 3rd day of March 1984
/s/ Dawn P. Ely
Notary Public,
Bibb County, Georgia
My Commission Expires August 1, 1987.
GEORGIA, BIBB COUNTY
5274 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
NOTICE OF CONTINUATION OF CONSTITUTIONAL
AMENDMENT
Notice is hereby given, pursuant to provisins of Article IX,
Section II, Paragraph I and Article XI, Section I, Paragraph
IV of the Constitution of the State of Georgia that the City
Council of the City of Macon, Georgia, proposes to adopt at
two regular consecutive meetings not less than seven nor more
than sixty days apart an ordinance to continue in force and
effect without amendment the local amendments to the Consti-
tutions of the State of Georgia of 1945 and 1976 (Ga. L. 1974,
P. 1754; Ga. L. 1976, p. 1827; and Ga. L. 1980, p. 2128) which
were duly ratified and which created the Macon-Bibb County
Urban Development Authority and amended the provisions with
respect to the same.
A copy of the proposed ordinance is on file in the office of
the Clerk of the Bibb Superior Court, Bibb County Courthouse,
and in the office of the City Clerk of Macon, City Hall, for the
purpose of examination and inspection by the public, as provided
by the Constitution.
2/18,25,3/3,1984-407667
Filed in the Office of the Secretary of State May 3, 1984.
MACON-BIBB COUNTY INDUSTRIAL AUTHORITY-
LOCAL CONSTITUTIONAL AMENDMENT CONTINUED.
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE
CITY OF MACON TO CONTINUE IN FORCE THE LOCAL
CONSTITUTIONAL AMENDMENT CREATING THE MA-
CON-BIBB COUNTY INDUSTRIAL AUTHORITY AS SUCH
CONSTITUTIONAL AMENDMENT WAS SUBSEQUENTLY
FURTHER AMENDED BY LOCAL AMENDMENTS TO THE
CONSTITUTION; TO PROVIDE AN EFFECTIVE DATE; TO
REPEAL CONFLICTING ORDINANCES; AND FOR OTHER
PURPOSES.
GEORGIA LAWS 1985 SESSION
5275
WHEREAS, the Macon-Bibb County Industrial Authority
was created by a local amendment to the Constitution of the
State of Georgia (House Resolution 542-1049; Ga. L. 1962, p.
885 et seq.); and,
WHEREAS, by referring to the aforesaid resolution, it is
incorporated herein by reference as fully as if set forth herein;
and,
WHEREAS, Article XI, Section I, Paragraph IV, of the Con-
stitution of the State of Georgia provides that local amendments
to the Constitutions of 1877 and 1945 which were continued
in force and effect as a part of the Constitution of 1976, which
were of force and effect on the effective date of the present
Constitution should continue in force until July 1,1987 at which
time they should stand repealed unless continued in force and
effect either by a local law enacted prior to July 1, 1987 or by
ordinance or resolution duly adopted prior to July 1, 1987 by
the local governing authority in the manner provided for the
adoption of home rule amendments to its charter or local act;
and,
WHEREAS, the governing authority of the City of Macon
desires, in conjunction with the governing authority of Bibb
County to continue the aforesaid local constitutional amend-
ment in effect; and,
WHEREAS, as authorized by Article IX, Section II, Para-
graph II of the Constitution, the Municipal Home Rule Act of
1965 (1965 G. Laws, p. 298, et seq. as amended) provides how
municipalities may adopt home rule amendments.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and
Council of the City of Macon, Georgia, and it is hereby ordained
by authority of the same as follows:
The aforesaid constitutional amendment described in the
preamble to this ordinance relating to the Macon-Bibb
County Industrial Authority, which was duly ratified by the
people and is eligible for continuation pursuant to the provi-
sions of the present Constitution of Georgia is hereby specifi-
cally continued in force and effect without amendment.
Upon final adoption, the Clerk of this body is directed
to transmit forthwith to the Secretary of State and to the
5276 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Clerk of Bibb Superior Court a certified copy of this ordi-
nance and a copy of the notice of publication and an affidavit
of a duly authorized representative of the newspaper in
which the notice was published to the effect that the notice
has been published as provided by the Constitution of the
State of Georgia.
This ordinance shall be effective upon proper filing with
the Secretary of State and the Clerk of Bibb Superior Court.
All charter provisions or ordinances or parts thereof in con-
flict herewith are hereby repealed.
SO ORDAINED this 21th day of February, 1984.
/s/ Eugene Dunwody
President, City Council
APPROVED this 27th day of February, 1984.
/s/ George M. Israel III
Mayor
SO ORDAINED this 6th day of March, 1984.
/s/ Eugene Dunwody
President, City Council
APPROVED this 13th day of March, 1984.
/s/ George M. Israel III
Mayor
City of Macon, Ga.
I do hereby certify that the above and foregoing Ordinance was
duly passed at the Regular Meeting of the Council of the City
of Macon, held Feb. 21, 1984. Witness my hand and seal of
the City of Macon this Feb. 22, 1984.
/s/ James E. Hunnicutt
Clerk of Council (Seal)
Submitted to Mayors Office February 22, 1984
Returned from Mayors Office March 5, 1984
GEORGIA LAWS 1985 SESSION
5277
City of Macon, Ga.
I do hereby certify that the above and foregoing Ordinance was
duly passed at the Regular Meeting of the Council of the City
of Macon, held March 6, 1984. Witness my hand and seal of
the City of Macon this March 7, 1984.
/s/ James E. Hunnicutt
Clerk of Council
Submitted to Mayors Office March 7, 1984
Returned from Mayors Office March 13, 1984
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 ADVER-
TISEMENT AS PER ATTACHED CLIPPING HAS BEEN PUB-
LISHED IN THE MACON TELEGRAPH AND NEWS ON THE
FOLLOWING DATES: 2/19; 2/25; 3/3
Signed: /s/ Richard M. Stone
for Judith R.
McCallum
Sworn to and subscribed before me
this 3rd day of March 1984
/s/ Dawn P. Ely
Notary Public,
Bibb County, Georgia
My Commission Expires August 1, 1987.
Georgia, Bibb County
NOTICE OF CONTINUATION OF CONSTITUTIONAL
AMENDMENT
Notice is hereby given, pursuant to provisions of Article IX,
Section II, Paragraph I and Article XI, Section I, Paragraph
5278 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
IV of the Constitution of the State of Georgia that the City
Council of the City of Macon, Georgia, proposes to adopt at
two regular consecutive meetings not less than seven nor more
than sixty days apart an ordinance to continue in force and
effect without amendment the local amendment to the Constitu-
tions of the State of Georgia of 1945 (Ga. L. 1962, p. 885, as
continued in force by the Constitution of 1976) which was duly
ratified and which created the Macon-Bibb County Industrial
Authority.
A copy of the proposed ordinance is on file in the office of
the Clerk of Bibb Superior Court, Bibb County Courthouse, and
in the Office of the City Clerk of Macon, City Hall, for the pur-
poses of examination and inspection by the public, as provided
by the Constitution.
2/18,25,3/3,1984-407658
NOTICE OF CONTINUATION OF CONSTITUTIONAL
AMENDMENT
Notice is hereby given, pursuant to provisions of Article IX,
Section II, Paragraph I and Article XI, Section I, Paragraph
IV of the Constitution of the State of Georgia that the City
Council of the City of Macon, Georgia, proposes to adopt at
two regular consecutive meetings not less than seven nor more
than sixty days apart an ordinance to continue in force and
effect without amendment the local amendment to the Constitu-
tions of the State of Georgia of 1945 (Ga. L. 1962, p. 885, as
continued in force by the Constitution of 1976) which was duly
ratified and which created the Macon-Bibb County Industrial
Authority.
A copy of the proposed ordinance is on file in the office of
the Clerk of the Bibb Superior Court, Bibb County Courthouse,
and in the Office of the City Clerk of Macon, City Hall, for
the purpose of examination and inspection by the public, as
provided by the Constitution.
April 10, 1984
I, James E. Hunnicutt, City Clerk, do hereby certify that the
attached copy of Ordinance #0-84-0010 to continue in force the
GEORGIA LAWS 1985 SESSION
5279
local constitutional amendment creating the Macon-Bibb
County Industrial Authority, is a true and correct copy of said
ordinance on file in the City Clerks Office, City Hall, Macon,
Georgia.
/s/ James E. Hunnicutt, City Clerk
City Hall
Macon, Georgia
Filed in the Office of the Secretary of State May 3, 1984.
CITY OF SAVANNAHSTREET IMPROVEMENTS; BONDS.
AN ORDINANCE
To Be Entitled
AN ORDINANCE TO AMEND THE CHARTER OF THE
MAYOR AND ALDERMAN OF THE CITY OF SAVANNAH,
GEORGIA TO AMEND TITLE 6, CHAPTER 2, STREET
IMPROVEMENTS, SUBCHAPTER (b), PROVIDING FOR
STREET PAVING UNDER THE 1919 ACT OF THE GENERAL
ASSEMBLY, SECTION 6-215 PROVIDING FOR BONDS GEN-
ERALLY; SECTION 6-216 PROVIDING FOR INVESTMENT
OF FUNDS; SECTION 6-218 PROVIDING FOR ASSESSMENT
AND APPORTIONMENT OF COST AND SECTION 6-220
PROVIDING WHEN ASSESSMENT INSTALLMENTS DUE;
TO REPEAL ALL ORDINANCES IN CONFLICT HEREWITH
AND FOR OTHER PURPOSES.
BE IT ORDAINED by the Mayor and Aldermen of the City
of Savannah, Georgia, in regular meeting of Council assembled,
and pursuant to lawful authority thereof, and after proper notice
and advertisement in accordance with O.C.G.A. 36-35-3 that the
Charter of the City of Savannah be amended as follows:
Section 1: By deleting therefrom Section 6-215 of Title 6,
Chapter 2, Street Improvements, subchapter (b) of the 1977 City
Code and inserting in lieu thereof a new Section 6-215 so that
as amended said section shall read as follows:
5280 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
The Mayor and Aldermen, after the expiration of thirty (30)
days from the passage of the ordinance confirming and levy-
ing said assessment, shall, by resolution, provide for the is-
suance of bonds in the aggregate amount of such assessment
remaining unpaid, bearing such date and of such denomina-
tions as the Mayor and Aldermen shall determine, which
bond or bonds shall in no event become a liability of the
Mayor and Aldermen of the City of Savannah issuing same.
One-tenth in amount of any such series to that date shall
be payable on the fifteenth day of September next succeeding
the maturity of the first installment of the assessment and
interest, and one-tenth thereof with the yearly interest upon
the whole amount remaining unpaid shall be payable on
the fifteenth day of September in each succeeding year until
all shall be paid, such bonds shall bear interest at a rate
set by the Mayor and Aldermen in the resolution providing
for issuance but not exceeding eleven (11%) percent per an-
num from their date until maturity, payable annually, and
shall be designated as "Street Improvement Bonds, and
shall, on the face thereof, recite the street or streets, parts
of street or streets or other public places for the improvement
of which they have been issued, and that they are payable
solely from assessments which have been levied upon the
lots and tracts of land benefited by said improvement under
authority of this Act (subchapter). Said bonds shall be signed
by the Mayor and attested by the clerk of council and shall
have the impression of the corporate seal of the City thereon
and shall have interest coupons attached and all bonds issued
by authority of this Act (subchapter) shall be payable at
such place either within or without the State of Georgia
as shall be designated by the Mayor and Aldermen. Said
bonds shall be sold at not less than par and the proceeds
thereof applied to the payment of the contract price and
other expenses of the City necessary or incident to and in-
curred in providing for said improvements. Said bonds and
their interest coupons shall be payable to the bearer or
holder thereof. The owner or holder of such bonds shall,
however, at his option, have the right to have such bonds
registered at the office of the clerk of council of the City
of Savannah in a book to be provided for that purpose, and
in such case certificates of registration by said clerk of coun-
cil shall be endorsed upon issue of said bonds. Whenever
any of said bonds are so registered such registered bonds
with their interest coupons shall only be payable to the per-
GEORGIA LAWS 1985 SESSION
5281
son in whose name they are so registered, and whenever
the owner of any such registered bonds shall sell or transfer
the same, it shall be the duty of such owner as well as the
transferee of such bonds to notify immediately said clerk
of council of such sale or transfer with the name and address
of the transferee and the said bond or bonds shall be sent
to said clerk of council for the proper entries thereon and
for the purpose also of having the transfer entered on said
registry book. The foregoing provisions shall apply to any
series of bonds heretofore issued prior to the adoption and
approval of this Act (subchapter). The Mayor and Aldermen
shall have the right to provide that the bonds authorized
in this section be issued substantially in equal annual install-
ments so maturing that the assessments provided for in this
Act and collected shall be sufficient to pay the principal
and interest of said bonds. And said Mayor and Aldermen
shall also have the right to issue said bonds in series, any
of which series may include one (1) or more streets or parts
of streets or other public places in the discretion of the said
Mayor and Aldermen, and it shall not be necessary to have
a separate series of bonds for each street or part of street
which may be paved under this Act (subchapter) or for each
separate paving contract. Any bonds issued by said Mayor
and Aldermen in conformity with the foregoing are hereby
ratified and approved.
Section 2: By deleting therefrom Section 6-216 of Title 6,
Chapter 2, Street Improvements, subchapter (b) of the 1977 City
Code and inserting in lieu thereof a new Section 6-216 so that
as amended said section shall read as follows:
The Mayor and Aldermen of the City of Savannah shall
have the power and authority to provide by ordinance for
the investment of any perpetuity fund of said City or of
any funds in reserve accounts of said City, or any funds
reserve for investment accounts in the paving bonds issued
by said City under the provisions of an Act of the General
Assembly of Georgia approved August 18, 1919, and to this
end shall have the right to take over such bonds at par
value and appropriate any portion of any such perpetuity
fund, reserve account funds, or reserve for investment ac-
count funds and the interest and assessment collected by
said City due on said bonds shall be credited to the perpetuity
fund or funds, or reserve account funds or reserve for invest-
5282 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ment account funds from which the appropriation to take
over such bonds was made.
Section 3: By deleting therefrom Section 6-218 of Title 6,
Chapter 2, Street Improvements, subchapter (b) of the 1977 City
Code and inserting in lieu thereof a new Section 6-218 so that
as amended said section shall read as follows:
As soon as the cost of such improvement, which shall also
include all other expense incurred by the City incident to
said improvement, is ascertained, the Mayor and Aldermen
shall, by resolution, appoint a board of appraisers, consisting
of the chief engineer of said City, the assistant engineer
and the finance director to appraise and apportion the cost
and expense of the same to the several tracts of land abutting
on said improvement. Within ten (10) days from the date
of the resolution appointing said board, the said board shall
file a written report of the appraisal and assessment and
apportionment of such expense and cost to the several lots
and tracts of land abutting on said street, alley, lane or
avenue, or other public place so improved, with the clerk
of council of said City. When said report shall have been
returned and filed, the said Mayor and Aldermen shall ap-
point a time for the holding of a session of council or shall
designate a regular meeting of council for the hearing of
any complaints or objections that may be made concerning
the said appraisement, apportionment and assessment as
to any such lots or tracts of land abutting on said improve-
ment, and notice of such session for the said hearing shall
be published by the said clerk of council in a newspaper of
general circulation in the City of Savannah, and said notice
shall provide for an inspection of such return by any property
owner or other party interested in such return. The time
fixed for said hearing shall not be less than five (5) nor more
than ten (10) days from the last publication. The said Mayor
and Aldermen at said sessions shall have the power to review
and correct said appraisement, apportionment and assess-
ment and to hear objections to the same, and to confirm
the same either as made by said board or as corrected by
said Mayor and Aldermen. Assessments in conformity to
said appraisement and apportionment as confirmed by coun-
cil shall be payable in ten (10) equal installments and shall
bear interest at the rate of twelve (12%) percent per annum
until paid, payable in each year at such time as the several
GEORGIA LAWS 1985 SESSION
5283
installments of the assessments are made payable each year.
The Mayor and Aldermen shall, by ordinance, levy assess-
ments in accordance with said appraisement and apportion-
ment as so confirmed against the several tracts of land liable
therefor. In case any ordinance shall have been adopted levy-
ing the assessment provided for in this and other sections
of said Act before the work of paving or improving the street,
highway or other public place shall have actually begun,
such fact shall not invalidate such ordinance or such assess-
ments and said Mayor and Aldermen shall have the right
in its discretion to compute and collect interest on such as-
sessments from any date after the work actually began in-
stead of from the date of such ordinance levying said assess-
ments; and the Mayor and Aldermen shall have also the
right in its discretion to date any series of bonds provided
for in this Act fifteen (15) days after such date or fifteen
(15) days from the date of the ordinance levying said assess-
ments and the foregoing provisions shall apply to assess-
ments and bonds provided for prior to the passage of this
amended Act, as well as those provided for hereafter.
If one of the said board is absent from the City, or disquali-
fied, or may not act for any reason, then the said apportion-
ment and appraisement may be made by the remaining two
(2) officers of said board, and their action shall be as binding
and effective as if made by the entire board.
Section 4: By deleting therefrom Section 6-220 of Title 6,
Chapter 2, Street Improvements, subchapter (b) of the 1977 City
Code and inserting in lieu thereof a new Section 6-220 so that
as amended said section shall read as follows:
The first installment of said assessments together with inter-
est to that date upon the whole shall be due and payable
on the first day of September next succeeding the issuance
of said Bonds and one (1) installment with the yearly interest
upon the amounts remaining unpaid shall be payable on
the first day of September in each succeeding year until
all shall be paid; provided, that if such assessing ordinance
shall be passed or Bonds be issued after the first day of
August in any year, the first installment of such assessment
and interest shall be due and payable on September first
of the following year. Said ordinance shall also provide that
the owners of the property so assessed shall have the privi-
lege of paying the amounts of their respective assessments
5284 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
within thirty (30) days from the date of the passage of said
ordinance. The owners of the property so assessed shall be
allowed to make payment of their respective assessments
without interest within said period of thirty days to the trea-
surer of the City of Savannah and relieve their property
from the lein of said assessment.
Section 5: All Charter, Code provisions or ordinances in
conflict herewith are hereby repealed.
ADOPTED AND APPROVED April 12, 1984.
/s/ John P. Rousakis
Mayor
Attest:
/s/ Sophie S. Gottlieb
Clerk of Council
I, Sophie S. Gottlieb, Clerk of Council of the Mayor and Aider-
men of the City of Savannah, Georgia, do hereby certify this
to be a true and exact copy of an ordinance adopted and approved
by said Mayor and Aldermen in meeting assembled, April 12,
1984.
Signed and Sealed April 23, 1984
/s/ Sophie S. Gottlieb
Clerk of Council
State of Georgia
Chatham County
AFFIDAVIT OF PUBLICATION OF
THE GEORGIA GAZETTE
Personally appeared before me, the undersigned officer au-
thorized 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 GA-
ZETTE, a newspaper of general circulation published in Savan-
nah, Chatham County, Georgia, by THE GEORGIA GAZETTE
PUBLISHING COMPANY, a Georgia corporation;
GEORGIA LAWS 1985 SESSION
5285
That THE GEORGIA GAZETTE is the official organ of Chat-
ham 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 PUB-
LISHING 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 Mar. 22, 1984; Mar. 29, 1984; April 5, 1984;__
__, 1984; and says of her own personal knowledge that the adver-
tisement attached hereto and made a part hereof appeared in
each of said editions.
/s/ Barbara W. Hook
Deponent
Sworn to and subscribed before me
this 4th day of May, 1984.
/s/ William Mason
Notary Public, Chatham County,
Georgia
My Commission Expires July 5, 1987.
Notice is hereby given that the Mayor and Aldermen of
the City of Savannah will consider an Ordinance proposed pur-
suant to O.C.G.A. 36-35-3 to amend the Charter of the City of
Savannah to amend Title 6, Chapter 2, Street Improvements,
of the 1977 City Code providing for assessment, the levy of assess-
ments and the issuance of bonds for street paving under the
1919 Act of the General Assembly to provide for assessment
and apportionment of the cost, the issuance of bonds, the interest
rate thereon and for the payment of such assessments.
The Amendment will be considered at the meeting of Council
March 29, 1984, to be held at 2:00 p.m. in Council Chambers
at City Hall and further considered for final adoption at the
next regular meeting on April 12, 1984.
A copy of the proposed Ordinance is on file in the Office of
the Clerk of Council, and the Office of the Clerk of the Superior
5286 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Court of Chatham County, Georgia, for the purpose of examina-
tion and inspection by the public.
This 16th day of March, 1984.
/s/ Sophie S. Gottlieb
Clerk of Council
Published in The Georgia Gazette
March 22, 29, April 5, 1984
Filed in the Office of the Secretary of State May 9, 1984.
CITY OF FRANKLINMAYOR AND COUNCILMEN;
COMPENSATION; MAYORS OR
RECORDERS COURT; PENALTIES.
AN ORDINANCE TO AMEND SECTION 8 OF THE CHARTER
OF THE CITY OF FRANKLIN SO AS TO PROVIDE FOR
COMPENSATION TO THE MAYOR AND COUNCIL FOR
THEIR SERVICES, AND TO AMEND SECTIONS 15 C AND
D OF THE CHARTER OF THE CITY OF FRANKLIN SO AS
TO INCREASE THE PENALTIES THAT THE MAYORS OR
RECORDERS COURT OF THE CITY OF FRANKLIN MAY
IMPOSE FOR CONTEMPT AND UPON CONVICTION OF VI-
OLATIONS OF STATE LAWS OR ORDINANCES FOR THE
CITY OF FRANKLIN, and FOR OTHER PURPOSES.
BE IT ORDAINED by the Mayor and Council of the City
of Franklin, and it is hereby ordained by authority of the same
and by the authority granted in Georgia Code Sections 36-35-
3(b)(1) that Section 8 of the Charter of the City of Franklin is
hereby repealed in its entirety and a new Section 8 is hereby
adopted to read as follows:
"Section 8. COMPENSATION. The Mayor and Councilmen
shall receive such compensation for their services as may be
set from time to time in accordance with Section 36-35-4 of
the Official Code of Georgia. They shall also be reimbursed for
GEORGIA LAWS 1985 SESSION
5287
actual expenses incurred on official business of the City. The
Mayor and Council shall set the compensation for the Recorder
and other City employees.
BE IT FURTHER ORDAINED that Section 15 C and D are
hereby repealed in their entirety and a new Section C and D
are hereby adopted to read as follows:
"15C. The Mayor or Recorder, when sitting as such court,
shall have the power and authority to punish for contempt by
a fine not exceeding $500.00 and in imprisonment not to exceed
30 days, either or both in the discretion of said court.
"15D. Upon the conviction of any defendant violating any
state law or ordinance of said city, said court shall have the
right to sentence said defendant to pay a fine not exceeding
$1,050.00 and to imprisonment in the common jail of Heard
County or to public works in said city for a period not exceeding
12 months. Either or both of said penalties may be imposed
in the discretion of the Mayors or Recorders Court of the City
of Franklin. Said court shall have the power to preserve order,
to compel attendance of witnesses and may issue executions
for any unpaid fines and/or costs to be enforced in the same
manner as tax executions are enforced.
All ordinances or parts of ordinances in conflict with or in-
consistent with this ordinance are hereby repealed.
This ordinance shall become effective upon approval at two
regular consecutive meetings of the Mayor and City Council.
Adopted on the first reading, this 5 day of April, 1984.
/s/ Truitt Davis
Mayor
/s/ Thomas A. Awbrey
/s/ Robert McLain
/s/ Johnny Pike
/s/ Amos Abner
/s/ Sherman Eley
5288 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Attest:
/s/ Peggy Heard
City Clerk
Approved:
/s/ Charles L. Goodson
City Attorney
Adopted on the second reading, this 3 day of May, 1984.
/s/ Truitt Davis
Mayor
/s/ Thomas A. Awbrey
/s/ Johnny Pike
/s/ Amos Abner
/s/ Sherman Eley
/s/ Robert McLain
Georgia, Heard County
I hereby certify that the attached document is a true and
correct copy of an amendment to the charter of the City of
Franklin, Georgia, adopted at two open meetings of the Mayor
and Council of the City of Franklin, Georgia on the 5th day
of April, 1984, and the 3rd day of May, 1984.
/s/ Mrs. Peggy Heard, Clerk
City of Franklin, Georgia
(SEAL)
CERTIFICATE OF PUBLISHER
I, the undersigned as publisher of The News & Banner, the
Legal Organ of Heard County, Georgia, in which Sheriffs adver-
GEORGIA LAWS 1985 SESSION
5289
tisements are published for Heard County, which includes the
City of Franklin within its geographical boundaries, do hereby
certify that the attached Notice was published in The News &
Banner on the following dates: April 11, 18, 25, 1984.
/s/ B. T. McCutchen, Publisher
Sworn to and subscribed before me
this 17 day of May, 1984.
/s/ Harold E. Gill, Jr.
Notary Public
LEGAL NOTICE
TO WHOM IT MAY CONCERN:
Notice is hereby given that the Mayor and City Council of
the City of Franklin have before said Council an ordinance to
amend the Charter of the City of Franklin so as to provide
for compensation to the Mayor and Members of the City Council
in accordance with Section 36-35-4 Official Code of Georgia, and
to further amend the charter of the City of Franklin to provide
that the Judge of the Recorders Court of the City of Franklin
shall have authority to sentence for contempt by imprisonment
not to exceed 30 days and a fine not to exceed $500.00, and to
increase the penalties that may be imposed for violation of State
laws and ordinance of the City of Franklin to 12 months and/
or $1,050.00.
A copy of the proposed amendment is on file in the office
of the Clerk of the City of Franklin and in the office of the
Clerk of the Superior Court of Heard County for the purposes
of examination and inspection by the public. The Clerk of the
City of Franklin will furnish anyone, upon written request, a
copy of the proposed charter amendment.
This 5 day of April, 1984.
/s/ Charles L. Goodson,
City Attorney
5290 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Filed in the Office of the Secretary of State May 31, 1984.
CITY OF FITZGERALDBOARD OF EDUCATION;
COMPENSATION.
ORDINANCE NUMBER 1071
AN ORDINANCE TO AMEND THE CHARTER LAWS OF
THE CITY OF FITZGERALD TO INCREASE THE COMPEN-
SATION PAID TO MEMBERS OF THE BOARD OF EDUCA-
TION OF THE CITY OF FITZGERALD FROM $25.00 PER
MONTH TO $50.00 PER MONTH; TO REPEAL PROVISIONS
OF SAID CHARTER LAWS WHICH ARE INCONSISTENT
WITH SUCH AMENDMENT; TO PROVIDE FOR THE SEVER-
ABILITY OF THIS ORDINANCE; AND FOR OTHER PUR-
POSES.
WHEREAS it is necessary and desirable to amend the char-
ter of the City to redefine and establish the compensation to
be paid to members of the Board of Education of the City of
Fitzgerald, Georgia;
NOW, THEREFORE, the Mayor and Council of the City
of Fitzgerald do hereby enact this ordinance to amend the Char-
ter Laws of the City of Fitzgerald, Georgia, Georgia Laws 1914,
page 781, as amended, as follows, towit:
Section One. Subpart A, Section 98, of the Charter laws
of the City of Fitzgerald, Georgia, Georgia Laws 1914, page 781,
Section 98, as amended, relating to compensation of members
of Board of Education; interest in contracts with school district
prohibited, is hereby amended by striking said Section 98 in
its entirety and substituting in lieu thereof the following new
Section 98, which shall provide as follows:
"Sec. 98. Compensation of Members of Board of Education;
Interest in Contracts with School District Prohibited.
"Be it further enacted by the authority aforesaid, that each
member of said Board of Education shall receive as full compen-
GEORGIA LAWS 1985 SESSION
5291
sation for his services Fifty and no/100 ($50.00) Dollars per
month, and shall receive no further compensation, either di-
rectly or indirectly, nor shall any member of said board be inter-
ested, directly or indirectly, in any contract with said school
district; provided, however, that the Clerk of said Board of Edu-
cation, in addition to his pay as a member of said board, may
be allowed such additional compensation as shall be fixed by
said Board of Education, not to exceed Two Hundred and no/
100 ($200.00) Dollars per annum, to be paid monthly.
Section Two. Be it further enacted by the authority afore-
said that each member of the Board of Education shall also
receive reimbursement for actual expenses incurred in connec-
tion with meetings and traveling on official board business, pro-
vided that said meetings and travel were authorized by the board
prior to said expenses being incurred. Travel vouchers shall
be submitted by board members claiming reimbursement.
Section Three. If any section of this ordinance, or the
application thereof to any person or circumstance, is held in-
valid, the validity of the remainder of this ordinance and the
application of such provisions to other persons and circum-
stances shall not be affected thereby.
Date of First Adoption: 4/9/84
Passed by the following vote: Yes 7 No 0
Date of Second Adoption: 5/14/84
Passed by the following vote: Yes 8 No 0
Approved:
/s/ Gerald H. Thompson
Mayor
Attest:
/s/ Louise Wiggins
Clerk
The undersigned does hereby certify that she is the duly
elected and acting Clerk of the Mayor and Council of the City
of Fitzgerald, and that the within and foregoing is a true and
5292 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
correct copy of Amendment to Charter Laws of the City of Fitz-
gerald;
In Witness Whereof the undersigned has hereunto set her
hand and affixed the seal of her office on this the 29th day of
June, 1984.
(Seal) /s/ Louise Wiggins, 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 sheriffs adver-
tisements for Ben Hill County, Georgia, are published. This affi-
davit 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 con-
secutive weeks beginning April 5, 1984, in respect to Ordinance
No. 1071, which ordinance was given final approval on May
14, 1984.
/s/ Gerald W. Pryor
Sworn to and subscribed before me
this 1st day of June, 1984.
/s/ Therese K. Griffin
Notary Public,
Ben Hill County, Georgia
NOTICE OF PROPOSED AMENDMENT TO THE CHARTER
OF THE CITY OF FITZGERALD, GEORGIA
Notice is hereby given that an ordinance has been proposed
amending the Charter of the City of Fitzgerald to provide that
GEORGIA LAWS 1985 SESSION
5293
the compensation of members of the Board of Education of the
City of Fitzgerald be increased from $25.00 per month to $50.00
per month; to provide for the repeal of other provisions of said
Charter which are inconsistent with said amendment; to provide
for the severability of said amendment; and for other purposes.
A copy of said proposed amendment to the Charter of the City
of Fitzgerald, Georgia, is of file in the office of the Clerk of
the Mayor and Council of the City of Fitzgerald, Georgia. An-
other copy of said proposed amendment is of file in the office
of the Clerk of the Superior Court of Ben Hill County, Georgia.
Said copies of said proposed amendment are available to the
general public during regular business hours for the purpose
of examination and inspection. Said Clerk of the Mayor and
Council of the City of Fitzgerald, Georgia, shall furnish to any-
one, upon written request, a copy of said proposed amendment.
/s/ Louise Wiggins,
Clerk of the Mayor
and Council of the
City of Fitzgerald, Georgia
(4/5, 12 & 19)
Filed in the Office of the Secretary of State July 2, 1984.
CITY OF MACONMACON PENSIONS AND RETIREMENT
SYSTEM; BENEFITS.
AN ORDINANCE OF THE CITY OF MACON AMENDING
SECTION 1.1 OF ARTICLE 1 SECTION 3.2 OF ARTICLE III,
SECTION 4.1 OF ARTICLE IV, SECTION 5.1 OF ARTICLE
V, SECTION 5.2 OF ARTICLE V AND SECTION 5.4 OF AR-
TICLE V OF THE MACON PENSIONS AND RETIREMENT
SYSTEM, AS SET FORTH IN AN ACT OF THE GENERAL
ASSEMBLY OF GEORGIA, APPROVED AUGUST 3,1927 (GA.
LAWS 1927, PAGE 1283 ET. SEQ.), AS AMENDED, PARTICU-
LARLY BY AN ACT APPROVED MARCH 27,1972 (GA. LAWS
1972, PAGE 3152 ET. SEQ.), AS AMENDED, INCORPORATED
BY REFERENCE IN THE CHAPTER OF THE CITY OF MA-
5294 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CON, DIVISION I, ARTICLE V, CHAPTER 5, SECTION 5-502
PARAGRAPH (b), CODE OF MACON, GEORGIA (1978), AS
AMENDED, PURSUANT TO THE AUTHORITY GRANTED
THE CITY OF MACON UNDER THE MUNICIPAL HOME
RULE ACT OF 1965, 1965 GEORGIA LAWS, PAGE 298, ET.
SEQ., BY AMENDING THE DEFINITION OF COMPENSA-
TION, BY AMENDING THE REQUIREMENTS FOR A NOR-
MAL RETIREMENT, BY AMENDING THE METHOD OF
COMPUTING THE AMOUNT OF RETIREMENT BENEFITS
FOR NORMAL AND EARLY PENSIONS AND BY CLARIFY-
ING THAT NO AMENDMENTS SHALL RESULT IN A LOSS
OF BENEFIT; AND FOR OTHER PURPOSES.
BE IT ORDAINED by the City of Macon and it is hereby
ordained by the authority of same as follows:
Pursuant to the authority granted the City of Macon under
the Municipal Home Rule Act of 1965 (1965 Ga. Laws, Page
298 et. seq., as amended; O.C.G.A. Section 36-35-3 et. seq.):
1.
Section l.l(i) of Article I of the Macon Pensions and Retire-
ment System is hereby amended by deleting in its entirety said
Section l.l(i) and substituting in lieu thereof a new Section
l.l(i) which reads as follows:
Article I. Definitions and Construction.
1.1 Definitions.
(i) Compensation: The remuneration paid to an Employee
by the Employer for services which are rendered during the
period considered as Service. Compensation for a year shall
include salary and wages as reported on the Employees Fed-
eral Income Tax Withholding Statement (Form W-2), plus
any additional compensation paid by the Employer as salary
under an Employer-Employee Agreement during that year
and for which Employer and Employee contributions have
been paid into the retirement plan.
2.
Paragraph 2 of Section 3.2 of Article III which presently
reads as follows is hereby repealed by deleting said Paragraph
2 in its entirety:
GEORGIA LAWS 1985 SESSION
5295
Article III Contributions
Section 3.2 Employee Contributions
(Paragraph 2)
In addition to the above, the City will contribute in behalf
of each employee an amount based on compensation in ex-
cess of $9,000.00, but not in excess of the Social Security
Wage Base, to be the actuarial equivalent of 3% of such
compensation based on the actuarial assumptions used in
the previous actuarial certification. This additional contribu-
tion to be made by the Employer will not exceed 3% of
compensation as described above in any event.
3.
Paragraph 2 of Section 4.1 of Article IV of the Macon Pen-
sions and Retirement System is hereby amended by deleting
said paragraph in its entirety and substituting in lieu thereof
a new paragraph so that said Paragraph 2 of Section 4.1 shall
read as follows:
ARTICLE IV
REQUIREMENTS FOR RETIREMENT BENEFITS
4.1 Normal Retirement
(Paragraph 2)
Every Employee may retire on his Normal Retirement Date;
however, at the Employees option, an Employee may con-
tinue working after his Normal Retirement Date for an ex-
tended period or periods. All employees working beyond the
Normal Retirement Date shall provide the Employer a mini-
mum of sixty (60) days notice of intent to retire from employ-
ment.
4.
Section 5.1 of Article V of the Macon Pensions and Retire-
ment System is hereby amended by deleting in its entirety said
Section 5.1 and substituting in lieu thereof a new Section 5.1
which reads as follows:
ARTICLE V
Amount of Retirement Benefits
5.1 Normal Pension
5296 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
An Employee who meets the requirements for a Normal
Pension shall receive a monthly amount determined as the
sum of (i) and (ii) below then multiplied by (iii) below, in
accordance with the following:
(i) 1-1/4% (.0125) of Average Monthly Compensation up
to $1,250.00,
(ii) 1-3/4% (.0175) of Average Monthly Compensation in
excess of $1,250.00,
(iii) number of years of Service.
If employment continues after an Employees Normal
Retirement Date, his Pension shall commence upon his ac-
tual Retirement, and the amount of such Employees Pension
shall be computed in accordance with this Section 5.1 and
in so computing such Pension his Service and Compensation
up to his actual Retirement date shall be used.
5.
Section 5.2 subparagraph (a) of Article V of the Macon Pen-
sions and Retirement System is hereby amended by deleting
in its entirety said Section 5.2 (a) and substituting in lieu thereof
a new Section 5.2 (a) so that said Section 5.2 (a) shall read as
follows:
ARTICLE V
Amount of Retirement Benefits
5.2. Early Pension
An Employee who meets the requirements for an Early Pen-
sion shall receive a monthly amount determined as follows:
(a) The Early Pension commencing at the Employees Nor-
mal Retirement Date shall be a monthly amount determined
as the sum of (i) and (ii) below then multiplied by (iii) below,
in accordance with the following:
(i) 1-1/4% (.0125) of Average Monthly Compensation up
to $1,250.00,
(ii) 1-3/4% (.0175) of Average Monthly Compensation in
excess of $1,250.00,
GEORGIA LAWS 1985 SESSION
5297
(iii) number of years of Service.
6.
Section 5.4 of Article V of the Macon Pensions and Retire-
ment System is hereby amended by deleting the word "the
which precedes the phrase "amendment date receive an amount
less than and substituting in lieu thereof the word "an so
that said Section 5.4. shall read as follows:
5.4 No Loss of Benefit. In no event will an Employee who
was a participant of the Plan on an Amendment Date receive
an amount less than he would have received had the plan
not been amended, considering his total years of Service
to Normal Retirement and Base Earnings in effect at the
time of the Amendment.
All Charter provisions or ordinances of the City of Macon
in conflict herewith are hereby repealed.
SO ORDAINED this 17th day of April, 1984.
/s/ Eugene Dunwody
President, City Council
APPROVED this 19th day of April, 1984.
/s/ George M. Israel III
Mayor
SO ORDAINED this 1st day of May, 1984.
/s/ Eugene Dunwody
President, City Council
APPROVED this 10th day of May, 1984.
/s/ George M. Israel III
Mayor
City of Macon, Ga.
I do hereby certify that the above and foregoing Ordinance was
duly passed at the Regular Meeting of the Council of the City
5298 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
of Macon, held May 1, 1984. Witness my hand and seal of the
City of Macon this May 2, 1984.
/s/ James E. Hunnicutt
Clerk of Council
Submitted to Mayors Office May 2, 1984
Returned from Mayors Office May 10, 1984
City of Macon, Ga.
I do hereby certify that the above and foregoing Ordinance was
duly passed at the Regular Meeting of the Council of the City
of Macon, held April 17, 1984. Witness my hand and seal of
the City of Macon this April 18, 1984.
/s/ James E. Hunnicutt
Clerk of Council
Submitted to Mayors Office April 18, 1984
Returned from Mayors Office April 23, 1984
May 10, 1984
I, James E. Hunnicutt, City Clerk, do hereby certify that the
attached copy of Ordinance #0-84-0017 amending the Macon
Pensions and Retirement System, is a true and correct copy
of said ordinance on file in the City Clerks Office, City Hall,
Macon, Georgia.
/s/ James E. Hunnicutt
City Clerk
City of Macon
Macon, Georgia
Georgia, Bibb County
PUBLIC NOTICE
This advertisement is to provide notice that the City of Ma-
con proposes to amend the Charter of the City of Macon, Division
GEORGIA LAWS 1985 SESSION
5299
I, Article V, Chapter 5, Section 5-502, (b) of the Code of Macon,
Georgia (1978), as amended in accordance with the procedure
set forth in Official Code of Georgia Annotated Section 36-35-3
(b) designated as the Municipal Home Rule Act of 1965, as
amended, so as to change certain provisions relating to the Ma-
con Pensions and Retirement System. Copies of the proposed
amendments are on file in the office of the Clerk of the City
of Macon and in the office of the Bibb County Superior Court
Clerk.
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: 04/14, 04/21, 04/28
Signed: /s/ Judith R. McCallum
Sworn to and subscribed before me
this 28 day of April, 1984
/s/ Dawn H. Waites
Notary Public, Bibb County, Georgia
My Commission Expires August 1, 1987.
Georgia, Bibb County
PUBLIC NOTICE
This advertisement is to provide notice that the City of Ma-
con proposes to amend the Charter of the City of Macon, Division
I, Article V, Chapter 5, Section 5-502, (b) of the Code of Macon,
Georgia (1978), as amended in accordance with the procedure
set forth in Official Code of Georgia Annotated Section 36-35-3
(b) designated as the Municipal Home Rule Act of 1965, as
amended, so as to change certain provisions relating to the Ma-
con Pensions and Retirement System. Copies of the proposed
amendments are on file in the office of the Clerk of the City
5300 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
of Macon and in the office of the Bibb County Superior Court
Clerk.
4/14,21,28,1984-421444
Filed in the Office of the Secretary of State July 3, 1984.
DOUGLAS-COFFEE COUNTY INDUSTRIAL AUTHORITY-
LOCAL CONSTITUTIONAL AMENDMENT CONTINUED.
Ordinance No. 7-9.3-84
AN ORDINANCE OF THE MAYOR AND COUNCIL OF
THE CITY OF DOUGLAS TO CONTINUE IN FORCE
THE LOCAL CONSTITUTIONAL AMENDMENT
CREATING THE DOUGLAS COFFEE COUNTY
INDUSTRIAL AUTHORITY; TO PROVIDE AN
EFFECTIVE DATE; TO REPEAL CONFLICTING
ORDINANCE: AND FOR OTHER PURPOSES.
WHEREAS, the Douglas-CofFee County Industrial Authority
was created by a local amendment to the Constitution of the
State of Georgia (House Bill 421; GA Laws 1959, P., 2801 et.
seq); and,
WHEREAS; by referring to the aforesaid resolutions it is
incorporated herein by reference as fully as if set forth herein;
and,
WHEREAS, Artical XI, section If paragraph IV of the Consti-
tution of the State of Georgia provides that local amendment
to the Constitution of 1877 and 1945 which were continued in
force and effect as a part of the constitution of 1976, and amend-
ment to the constitution of 1976 which were ratified not as gen-
eral amendment but which were of force and effect on the effec-
tive date of the present constitution should continue in force
until July 1, 1987 at which time they should stand repealed
unless continued in force and effect either by a local law enacted
prior to July 1, 1987 or by ordinance or resolution duly adopted
GEORGIA LAWS 1985 SESSION
5301
prior to July 1, 1987 by the local governing authority in the
manner provided for the adoption of home rule amendment
to its charter or local act and; and,
WHEREAS, the governing authority of the city of Douglas
desires, in conduction with the governing authority of Coffee
County Georgia to continue the aforesaid local constitutional
amendment in effect; and,
WHEREAS; as authorized by article IX, Section II paragraph
II of the constitution, the Municipal Home Rule Act of 1965
(1965 GA law P. 298 et seq. as amended) provided how municipal-
ities may adopt home rule amendment.
Now, therefore, be it ordained by the Mayor and Council
of the City of Douglas, Georgia, and it is hereby ordained by
authority of the same as follows:
The aforesaid constitutional amendment described in the
preamble of this ordinance relating to the Douglas-Coffee County
Industrial Authority, all of which is duly ratified by the people
and are eligible for continuation pursuant to the provision of
the present Constitution of Georgia are hereby specifically con-
tinued in force and effect without amendment.
Upon final adoption, the clerk of this body is directed to
transmit forthwith to the Secretary of State and to the Clerk
of Coffee County Superior Court. A certified copy of this ordi-
nance and a copy of the notice of publication and an affidavit
of a duly authorized representative of the newspaper in which
the notices was published to the effect that the notice has pub-
lished as provided by the constitution of the state of Georgia.
This ordinance shall be effective upon proper filing with the
Secretary of State and the Clerk of Coffee Superior Court.
All charter provisions or ordinances or parts therein conflict
herewith are hereby repealed.
So Ordained this 9 day of July 1984.
/s/ Jim Minix
Mayor City Council
5302 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Approved this 9 day of July 1984.
/s/ Jim Minix
Mayor
/s/ Derward Buchan
Councilman
/s/ Elisha Harrell
Councilman
/s/ Oscar Street
Councilman
/s/ Jesse N. Jowers
Councilman
/s/ C. L. Lott, Jr.
Councilman
So Ordained this 9 day of July 1984.
/s/ Jim Minix
Mayor
Approved this 9 day of July 1984.
/s/ Jim Minix
Mayor
/s/ Derward Buchan
Councilman
/s/ Elisha Harrell
Councilman
/s/ Oscar Street
Councilman
/s/ Jesse N. Jowers
Councilman
/s/ C. L. Lott, Jr.
Councilman
GEORGIA LAWS 1985 SESSION
5303
July 17, 1984
I do hereby certify that this is a true and exact copy of Ordinance
adopted by the City of Douglas on July 9, 1984. The original
is- on file in the Office of the City Clerk, City Hall, Douglas,
Georgia.
City of Douglas, Georgia
/s/ Hayvene McFall
City Clerk
PUBLISHERS AFFIDAVIT
Personally appeared before the undersigned officer autho-
rized 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 City of Douglas
and having general circulation within the area of City of Doug-
las, and who further states the advertisement, a true copy of
which is affixed hereto, was published in The Douglas Enterprise
June 27, 1984.
/s/ Tom Frier, Jr.
Publisher, The Douglas Enterprise
Sworn to and subscribed before me,
this 17th day of July, 1984.
/s/ Kema Solomon 9-4-85
Notary Public, Coffee County, Georgia
NOTICE
Notice is hereby given that an ordinance hereinafter captioned
was read for the first time at a regular meeting of the Mayor
and Board of Commissioners of the City of Douglas, Georgia,
held at 7:00 p.m., at City Hall on June 25, 1984.
This ordinance will be read for a second time and acted upon
at the second regular meeting of the Mayor and Board of Com-
missioners of the City of Douglas, Georgia, to be held on July
5304 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
9, 1984, at City Hall, Douglas, Georgia, and anyone interested
in said ordinance should be in appearance at said meeting to
be held at 7:00 p.m., on the above stated date. Said ordinance
is captioned as follows:
"AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE
CITY OF DOUGLAS TO CONTINUE IN FORCE THE LOCAL
CONSTITUTIONAL AMENDMENT CREATING THE DOUG-
LAS COFFEE COUNTY INDUSTRIAL AUTHORITY TO PRO-
VIDE AN EFFECTIVE DATE: TO REPEAL CONFLICTING
ORDINANCE; AND FOR OTHER PURPOSES
This 26th day of June, 1984.
City of Douglas, Georgia
By: Jim Minix, Mayor
J-27-c
Filed in the Office of the Secretary of State July 20, 1984.
TOWN OF TYRONECONTRACTS.
ORDINANCE NO. 91
AN ORDINANCE TO AMEND ARTICLE III, SECTION
3.103(b)(2) OF THE TOWN CHARTER WHICH SETS FORTH
THE "POWERS AND DUTIES OF THE MAYOR.
WHEREAS, the governing authority of the Town of Tyrone,
the Town Council, deems it to be in the best interest of the
Town to amend ARTICLE III, SECTION 3.103(b)(2) of the
Town Charter, which sets forth the "Powers and Duties of
the Mayor, reads as follows:
"Bind the town by signing any contract, obligation or other
matter entered into and authorized by ordinance or resolution
of the Council, properly passed in accordance with the provisions
of this Charter;
GEORGIA LAWS 1985 SESSION
5305
WHEREAS, the Town Council deems it in the best interest
of the Town to amend said provision to read as follows:
"Bind the town by signing any contract, obligation or other
matter entered into and authorized by ordinance or resolution
of the Council, properly passed in accordance with the provisions
of this charter; further, such authorization and/or approval
must have been given by the Council prior to execution
of any such contract(s).
NOW THEREFORE, be and it is ordained by the Town
Council of Tyrone:
1. That ARTICLE III, SECTION 3.103(b)(2) of the Town
Charter is hereby amended to read as follows:
"Bind the town by signing any contract, obligation or other
matter entered into and authorized by ordinance or resolution
of the Council, properly passed in accordance with the provisions
of this charter; further, such authorization and/or approval
must have been given by the Council prior to execution
of any such contract(s).
2. That said amendment is in accordance with the author-
ity granted to Municipalities by the Municipal Home Rule Act
of 1965.
3. That this Ordinance shall become effective upon its adop-
tion by the Town Council, and upon a copy of same, along with
a copy of required notice of publication, and an affidavit of the
publisher of the county organ having been filed with the Secre-
tary of State and the Office of the Clerk of the Superior Court
of Fayette County.
Adopted this 19 day of July, 1984.
Council Members
/s/ J. Homer Murdoch
Mayor
/s/ Ken Carnes,
Councilman
5306 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
/s/ Hank Sanak,
Councilman
/s/ Ken Williams,
Councilman
/s/ Tommy C. Wiggins
Councilman
Attest:
/s/ Betty Percival,
Town Clerk
AFFIDAVIT OF PUBLICATION
State of Georgia
County of Fayette
PERSONALLY appeared before the undersigned Gary Corn-
well who on oath says that he is General Manager of FAYETTE
COUNTY NEWS and that the legal advertisement which ap-
pears below was published in said newspaper on the following
dates: June 27, July 4, 11, 1984.
/s/ Gary Cornwell, General
Manager
Sworn to and subscribed before me
this 24th day of July, 1984.
/s/ Helen S. Teague
Notary Public
NOTICE OF INTENTION TO AMEND CHARTER OF THE
TOWN OR TYRONE
NOTICE is hereby given that a resolution was adopted on
the 17th day of May, 1984, by the Town Council, to amend,
by ordinance, Article III, Section 3.103(b)(2) of the Town Charter
which sets forth the "Powers and Duties of the Mayor. Said
amendment shall require Mayor to obtain authorization ap-
proval by the Council prior to execution of any contract to bind
GEORGIA LAWS 1985 SESSION
5307
the Town. A copy of said proposed amendment is on file in
the office of the Clerk of the Town of Tyrone and the office
of the Clerk of the Superior Court of Fayette County for the
purpose of examination and inspection by the public.
Intended final adoption for said amendment is hereby set
for July 19, 1984, at the regular meeting of the Town Council.
This 20 day of June, 1984.
/s/ Tommy Wiggins,
Mayor Pro Tem,
Town of Tyrone
June 27, July 7, 11, 1984
Filed in the Office of the Secretary of State August 6, 1984.
CITY OF MARIETTACOUNCIL MEMBERS; MILEAGE
ALLOWANCE; PER DIEM.
COUNCIL BILL NO. 192384
ORDINANCE NO. 4068
AN ORDINANCE
AMENDING the Charter of the City of Marietta, Georgia, pur-
suant to the Home Rule Act of 1965 (O.C.G.A.
Chapter 36-35), so as to increase the mileage allow-
ance for City Council members and to further pro-
vide for automatic increases in said mileage allow-
ance and in the per diem expense allowance for
City Council members in proportion to the in-
crease in the Consumer Price Index.
WHEREAS, it is necessary and appropriate to increase the mile-
age allowance for City Council members and to
5308 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
provide for the automatic increase of such mileage
allowance and the per diem expense allowance for
City Council members.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR
AND COUNCIL OF THE CITY OF MARIETTA, GEORGIA,
THAT:
Section 1. Paragraph (c) of Section 2.12 of the Charter of the
City of Marietta, Georgia, is hereby amended by striking there-
from the phrase "fifteen cents ($.15) and inserting in lieu
thereof "twenty-five cents ($.25), so that said section, when
amended, shall read as follows:
"(c) Costs for transportation to and from the conference,
seminar, gathering, meeting or other travel without
the City, provided however, should any member of the
council utilize his or her personal vehicle as transpor-
tation, such member shall be entitled to payment at
the rate of twenty-five cents ($.25) per mile for travel
by the most direct route to and from the City; and
Section 2. Paragraph (d) of Section 2.12 of the Charter of the
City of Marietta, Georgia, is hereby amended by striking there-
from the figure "$35 and inserting in lieu thereof "$50 so
that said section, when amended, shall read as follows:
"(d) A per diem expense of $50 per day.
Section 3. The Charter of the City of Marietta, Georgia, is
further amended by adding a new paragraph to Section 2.12
of said Charter, which shall be known as Paragraph (e), as fol-
lows:
"(e) The mileage allowance set forth in Paragraph (c)
above, and the per diem expense allowance set forth
in Paragraph (d) above, shall be automatically in-
creased on March 1 of each year by a percentage which
shall be equal to the percentage increase in the Na-
tional Consumer Price Index for Atlanta, Georgia, for
all items of the Bureau of Labor Statistics of the United
States Department of Labor for the preceding calendar
year.
GEORGIA LAWS 1985 SESSION
5309
Section 3: This Ordinance shall become effective February 1,
1986, subject to Act No. 333.
DATE: July 11, 1984 (First Reading)
VOTE: 7 Yeas
0 Nays
Approved: /s/ Robert E. Flournoy,
Jr., Mayor and
Council
Attest: /s/ Barbara M. Goscha
City Clerk
DATE: August 8, 1984 (Second Reading)
VOTE: 7 Yeas
0 Nays
Approved: /s/ Robert E. Flournoy,
Jr., Mayor and
Council
Attest: /s/ Barbara M. Goscha
City Clerk
CLERKS 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.
4068 is a true and correct copy as same appears of record as
approved by the Governing Body in regular meetings held on
July 11, 1984, and August 4, 1984.
Witness my hand and seal of the City of Marietta this 15th
day of August, 1984.
/s/ Barbara M. Goscha
City Clerk
5310 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
PUBLISHERS AFFIDAVIT
State of Georgia
County of Cobb
Before me the undersigned, a Notary Public, this day came
Otis A. Brumby, Jr., personally known to me who being first
duly sworn according to law, says that he is Publisher of Times-
Journal, Inc. Publisher of The Marietta Daily Journal, the offi-
cial newspaper of which Sheriffs advertisements in and for said
County are published and a newspaper of general circulation
with its principal place of business in said county, Legal Ad
M-89-Public Notice to amend the City of Marietta Charter ap-
peared in said paper on June 29, July 6, July 13, July 20, July
27 and Aug 3, 1984.
/s/ Otis A. Brumby, Jr.
Sworn to and subscribed before me
this 3rd day of Aug, 1984
/s/ Thelma Kemp Richards
Notary Public, Georgia, State at Large
My Commission Expires Oct. 17, 1987
M-890
NOTICE
CITY OF MARIETTA
Notice is hereby given that the Council of the City of Mar-
ietta, Georgia shall consider on July 11, 1984, beginning at 7:00
p.m., and on August 8,1984, beginning at 7:00 p.m., in the Coun-
cil 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.). Section 2.12, so as to increase the mileage
allowance for City Council members to $.25 per mile, and to
increase the per diem allowance to $50.00 per day for travel
outside of the city. The amendment would also provide that
the per diem allowance and mileage allowance would be auto-
matically increased on March 1st of each year by the percentage
increase in the National Consumer Price Index for the preceding
calendar year. The amendment, if approved, to not become effec-
tive until February 1, 1986. Copies of the proposed amendment
are on file in the office of the City Clerk, 205 Lawrence Street,
Marietta, Georgia, and also on file in the office of the clerk of
GEORGIA LAWS 1985 SESSION
5311
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 writ-
ing to the above described offices. All interested parties are in-
vited to attend.
/s/ Barbara M. Goscha
Barbara M. Goscha
City Clerk
City of Marietta, Georgia
6:29;7:6,13,20,27;8:3
Filed in the Office of the Secretary of State August 16,1984.
COLLEGE PARK BUSINESS AND INDUSTRIAL
DEVELOPMENT AUTHORITYLOCAL CONSTITUTIONAL
AMENDMENT CONTINUED.
AN ORDINANCE OF THE MAYOR AND COUNCIL OF
THE CITY OF COLLEGE PARK, GEORGIA TO CONTINUE
IN FORCE AND EFFECT AS A PART OF THE CONSTITU-
TION OF THE STATE OF GEORGIA, RATIFIED AT THE
GENERAL ELECTION IN 1982, THAT CERTAIN CON-
STITUTIONAL AMENDMENT NUMBER 168 (SENATE
RESOLUTION NO. 348), (GA. L. 1980, P. 2071 ET SEQ.) DULY
RATIFIED AT THE 1980 GENERAL ELECTION AND PRO-
CLAIMED BY THE GOVERNOR TO BE A PART OF THE CON-
STITUTION OF GEORGIA OF 1976, WHICH AMENDMENT,
AMONG OTHER THINGS, CREATES THE COLLEGE PARK
BUSINESS AND INDUSTRIAL DEVELOPMENT AUTHOR-
ITY AND AUTHORIZES THE CITY TO CREATE SPECIAL
TAX DISTRICTS AND TO LEVY TAXES AND EXPEND TAX
MONIES FROM SAID TAX DISTRICTS AS WELL AS TAX
AND OTHER AVAILABLE FUNDS OF THE CITY AND MAKE
PAYMENT THEREOF TO THE AUTHORITY UPON SUCH
TERMS AS MAY BE PROVIDED IN ANY CONTRACT EN-
TERED INTO BY AND BETWEEN THE AUTHORITY AND
THE CITY OF COLLEGE PARK; TO PROVIDE AN EFFEC-
TIVE DATE; AND FOR OTHER PURPOSES.
5312 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
BE IT ORDAINED by the Mayor and Council of the City
of College Park, and it is hereby ordained by the authority of
the same, pursuant to Article XI, Section I, Paragraph IV of
the Constitution of the State of Georgia of 1983 authoriz-
ing the continuation of certain amendments to the Constitution
and pursuant to The Municipal Home Rule Act of 1965 (Title
36, Chapter 35 of the Official Code of Georgia Annotated, as
amended), as follows:
Section 1. That certain Constitutional Amendment Num-
ber 168 (Senate Resolution No. 348, Ga. L. 1980, P. 2071 et
seq.) duly ratified at the 1980 general election and proclaimed
by the Governor to be a part of the Constitution of Georgia of
1976, and now in force and effect, which amendment, among
other things, created the College Park Business and Industrial
Development Authority and authorized the City of College Park
to create special tax districts and to levy taxes and to expend
tax monies from said tax districts as well as tax and other availa-
ble funds of the City and make payment thereof to the Authority
upon such terms as may be provided in any contract entered
into by and between the Authority and the City of College Park,
shall not be repealed or deleted on July 1, 1987, as a part of
the Constitution of the State of Georgia, ratified at the general
election in 1982, but same specifically shall continue in full
force and effect on and subsequent from that date as a part of
that Constitution of the State of Georgia.
Section 2. This ordinance shall become effective when a
notice containing a synopsis hereof and stating that a copy
hereof is on file in the office of the City Clerk and on file in
the office of the Clerk of the Superior Court of Fulton County,
Georgia for the purpose of examination and inspection by the
public shall have been published in The Fulton County Daily
Report, the official county organ of Fulton County, once a week
for three weeks within a period of 60 days immediately preced-
ing its final adoption, the same shall have been adopted at two
regular consecutive meetings of the Mayor and Council of the
City of College Park not less than seven nor more than sixty
days apart, and a certified copy of the ordinance and a copy
of the required notice of publication and an affidavit as to the
publication of such notice shall have been filed with the Secre-
tary of the State of Georgia and in the office of the Clerk of
the Superior Court of Fulton County, all in compliance with
the provisions of The Municipal Home Rule Act of 1965.
GEORGIA LAWS 1985 SESSION
5313
Section 3. All ordinances or resolutions or parts thereof
in conflict herewith are hereby repealed.
Enacted this 20th day of August, 1984.
Mayor and Council of
The City of College Park
By: /s/ T. Owen Smith
Mayor
Attest:
/s/ Jean C. Cress
City Clerk
PUBLIC NOTICE CONCERNING CITY OF COLLEGE PARK
Notice is hereby given that the Mayor and Council of the
City of College Park proposes to adopt an ordinance under the
Municipal Home Rule Act of 1965 (Title 36, Chapter 35 of
the Official Code of Georgia Annotated, as amended) a copy of
the proposed ordinance being on file in the office of the City
Clerk of the Council of the City of College Park and on file in
the office of the Clerk of the Superior Court of Fulton County,
Georgia for the purpose of examination and inspection. The
City Clerk of the City of College Park will furnish anyone, upon
written request, a copy of the proposed ordinance.
SYNOPSIS OF PROPOSED ORDINANCE
Said ordinance provides that, as authorized under Article
XI, Section I, Paragraph IV of the Constitution of the State of
Georgia, that certain Constitutional Amendment Number 168
(Ga. Laws 1980, p. 2071 et seq.) duly ratified at the 1980 general
election by the voters of the City of College Park, which amend-
ment, among other things, creates the College Park Business
and Industrial Development Authority and authorizes the City
of College Park to create special tax districts and to levy taxes
and expend tax monies from said tax districts as well as tax
and other available funds of the City of College Park and make
payment thereof to said Authority upon such terms as may
be provided in any contract entered into by and between said
5314 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Authority and the City of College Park, shall not be repealed
or deleted on July 1, 1987, as a part of the Constitution but
specifically shall continue in full force and effect on and subse-
quent from that date as a part of the Constitution of the State
of Georgia.
This the 2nd day of August, 1984.
/s/ Jean Conaway Cress
City Clerk
City of College Park
(SEAL)
State of Georgia
County of Fulton
I, Jean Conaway Cress, Clerk of the City of College Park,
Georgia, DO HEREBY CERTIFY, that the foregoing pages con-
stitute a true and correct copy of the ordinance adopted by the
Mayor and Council of the City of College Park at two regular
consecutive meetings on the 6th day of August, 1984, and on
the 20th day of August, 1984, the original of which said ordi-
nance being duly recorded in the official Minute Book of the
Mayor and Council, which Minute Book is in my custody and
control.
WITNESS my hand and the official seal of the City of College
Park, Georgia, this 20th day of August, 1984.
/s/ Jean Conaway Cress
Clerk
(SEAL)
PUBLISHERS AFFIDAVIT
State of Georgia
County of Fulton
Before me, the undersigned, a Notary Public, this day person-
ally 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
GEORGIA LAWS 1985 SESSION
5315
newspaper published at Atlanta, in said county and State, and
that the publication, of which the annexed is a true copy, was
published in said paper on the 3 10 17 days of August, 1984,
and on the_____days of______, 19_As provided by law.
/s/ Earl H. Higgins
Subscribed and sworn to before me
this 21st day of March, 1985
/s/ Dorothy G. Higgins
Notary Public, Georgia, State at Large
My Commission Expires Nov. 21, 1986
PUBLIC NOTICE CONCERNING CITY OF COLLEGE PARK
Notice is hereby given that the Mayor and Council of the
City of College Park proposes to adopt an ordinance under the
Municipal Home Rule Act of 1965 (Title 36, Chapter 35 of
the Official Code of Georgia Annotated, as amended) a copy of
the proposed ordinance being on file in the office of the City
Clerk of the Council of the City of College Park and on file in
the office of the Clerk of the Superior Court of Fulton County,
Georgia for the purpose of examination and inspection. The
City Clerk of the City of College Park will furnish anyone, upon
written request, a copy of the proposed ordinance.
SYNOPIS OF PROPOSED ORDINANCE
Said ordinance provides that, as authorized under Article
XI, Section I, Paragraph IV of the Constitution of the State of
Georgia, that certain Constitutional Amendment Number 168
(Ga. Laws 1980, p. 2071 et seq.) duly ratified at the 1980 general
election by the voters of the City of College Park, which amend-
ment, among other things, creates the College Park Business
and Industrial Development Authority and authorizes the City
of College Park to create special tax districts and to levy taxes
and expend tax monies from said tax districts as well as tax
and other available funds of the City of College Park and make
payment thereof to said Authority upon such terms as may
be provided in any contract entered into by and between said
Authority and the City of College Park, shall not be repealed
5316 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
or deleted on July 1, 1987, as a part of the Constitution but
specifically shall continue in full force and effect on the subse-
quent from that date as a part of the Constitution of the state
of Georgia.
This the 2nd day of August, 1984.
/s/ Jean Conaway Cress
City Clerk
City of College Park
Filed in the Office of the Secretary of State August 24, 1984.
CITY OF COLLEGE PARKCITY MANAGER.
State of Georgia
City of College Park
ORDINANCE NO. 84-17
AN ORDINANCE TO AMEND THE CHARTER OF THE
CITY OF COLLEGE PARK (GEORGIA LAWS 1895, PAGE 251,
ACT NO. 168, AS AMENDED) TO PROVIDE FOR THE RE-
MOVAL OF THE CITY MANAGER FROM OFFICE BY THE
MAYOR AND COUNCIL; TO PROMOTE THE PUBLIC
HEALTH, SAFETY AND GENERAL WELFARE; TO REPEAL
CONFLICTING ORDINANCES; AND FOR OTHER PUR-
POSES.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THE CITY OF COLLEGE PARK, and it is hereby enacted on
authority of the same, that the Charter of the City of College
Park, Georgia Laws 1895, Page 251, Act No. 168, as amended,
is hereby amended by striking from ARTICLE IV. CITY MAN-
AGER, Section 4-3. Term; Removal From Office, Procedure; Sever-
ance Pay; Effect of Civil Service, Pension Laws the following
sentence:
GEORGIA LAWS 1985 SESSION
5317
However, the city manager may be removed only after a
hearing conducted by the mayor and council after due notice
to the city manager.
Therefore, said section shall provide as follows:
Secion 4-3. Term; Removal From Office, Procedure; Severance
Pay; Effect of Civil Service, Pension Laws.
The city manager shall be appointed for an indefinite term,
shall hold office at the pleasure of the mayor and council, and
may be removed from office by the mayor and council at their
discretion. Upon removal from office, the city manager shall
be entitled to not less than sixty (60) days severance pay. He
shall not be subject to civil service. On request he shall be eligible
to participate in the pension plan provided for city employees.
THIS ORDINANCE is enacted under the Home Rule author-
ity of the City of College Park as provided in Section 36-35-3
of the Official Code of Georgia Annotated.
ALL ORDINANCES, or parts thereof, which conflict with
the provisions of this Ordinance, are hereby repealed.
ORDAINED AND ENACTED this 20th day of August, 1984.
Mayor and Council of the
City of College Park
/s/ T. Owen Smith, Mayor
Attest:
/s/ Jean C. Cress, City Clerk
City of College Park
Fulton County, Georgia
I, Jean Cress City Clerk, of College Park, Georgia, do certify
that this is a true and correct copy of the original.
Witness my hand and seal of said city this 28th day of Au-
gust, 1984.
/s/ Jean C. Cress
City Clerk of College Park, Ga.
5318 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
PUBLISHERS AFFIDAVIT
State of Georgia
County of Fulton.
Before me, the undersigned, a Notary Public, this day person-
ally came 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 3 10 17 days of August, 1984,
and on the_____days of______, 19_As provided by law.
/s/ Earl H. Higgins
Subscribed and sworn to before me
this 21st day of March, 1985
/s/ Dorothy G. Higgins
Notary Public, Georgia, State at Large
My Commission Expires Nov. 21, 1986
NOTICE OF PROPOSED AMENDMENT TO THE CHARTER
OF THE CITY OF COLLEGE PARK
(Ga. Laws 1895, P. 251, Act No. 168 as ammended)
Notice is hereby given that an Ordinance has been intro-
duced before the Mayor and Council of the City of College Park
to amend the Charter of the City of College Park (Georgia Laws
1895, Page 251, Act No. 168, as amended) so as to provide for
the removal of the City Manager from office by the Mayor and
Council at their discretion and without the requirement of a
hearing; to repeal conflicting ordinances; and for other purposes.
A copy of the proposed amendment is on file in the office
of the City Clerk of the City of College Park and in the office
of the Clerk of the Superior Court of Fulton County, Georgia
for purposes of examination and inspection by the public.
This the 1st day of August, 1984.
/s/ Jean Conaway
City Clerk
City of College Park
Aug. 3 10 17, 1984x req-6
GEORGIA LAWS 1985 SESSION
5319
Filed in the Office of the Secretary of State September 5,
1984.
CITY OF BLAIRSVILLEMAYOR AND COUNCIL
MEMBERS; COMPENSATION.
AN ORDINANCE PROVIDING COMPENSATION FOR THE
SERVICES OF MAYOR AND COUNCIL MEMBERS OF THE
CITY OF BLAIRSVILLE; REPEALING ALL ORDINANCES IN
CONFLICT THEREWITH; AND FOR OTHER PURPOSES.
The Council of the City of Blairsville hereby ordains:
SECTION 1: Pursuant to the authority contained in Sec-
tion 2.13 of the Charter of the City of Blairsville, Georgia, the
compensation for the services of the Mayor and members of
the City Council be and the same is hereby fixed as follows:
(a) The Mayor shall receive compensation for services to
the City in the amount of $100.00 per month.
(b) Each council member shall receive compensation for
services to the City in the amount of $50.00 per month.
SECTION 2: Be it further ordained, that all ordinances
and parts of ordinances in conflict herewith are hereby repealed.
SECTION 3: This ordinance shall become effective on June
1, 1985.
This ordinance first read on the 6th day of August, 1984,
read and adopted after its second reading by the Mayor and
City Council of the City of Blairsville, Georgia at their Sept.
4, 1984 meeting of the City Council of Blairsville, Georgia on
the 4th day of September, 1984, by vote of 5 for and 0 against.
/s/ Charles Allison
Mayor,
City of Blairsville, Georgia
5320 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Attest:
/s/ Janice Mashburn
City Clerk,
City of Blairsville, Georgia
(SEAL)
Georgia, Union County
Personally appeared before the undersigned attesting officer,
Glen Gooch, Clerk of the Superior Court of Union County, Geor-
gia, being the legal situs of the City of Blairsville, Georgia, who
on oath says that a copy of the foregoing ordinance required
to be adopted pursuant to the provisions of the Charter of the
City of Blairsville, was filed in his office on the 8th day of August,
1984, for the purpose of examination and inspection by the pub-
lic.
Further deposing, I say, under oath, that a copy of the forego-
ing ordinance was adopted pursuant to the Charter of the City
of Blairsville, properly certified to by the Clerk of the City of
Blairsville, with a copy of the required notice of publication
attached thereto and an affidavit of a duly authorized represen-
tative of the paper 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 20th day of September, 1984.
/s/ Glen Gooch
Clerk, Union Superior Court
Sworn to and subscribed before me
this 20th day of September, 1984.
/s/ Lorraine Conley
Notary Public
PUBLISHED IN THE NORTH GEORGIA NEWS ON THE 9th
DAY OF August, ON THE 16th DAY OF August, AND ON
THE 23rd DAY OF August, 1984
Georgia, Union County
Personally appeared before me, the undersigned attesting
officer, WANDA WEST, who says that she is the publisher of
GEORGIA LAWS 1985 SESSION
5321
the North Georgia News and that the attached notice of the
adoption of an ordinance pursuant to the provisions of the Char-
ter of the City of Blairsville, pertaining to the compensation
of the Mayor and members of the City Council was published
in the North Georgia News on the 9th day of August, 1984,
the 16th day of August, 1984, and the 23rd day of August, 1984.
This 20th day of September, 1984.
/s/ Wanda West, Publisher
Sworn to and subscribed before me
this 20th day of September, 1984.
/s/ Janice Mashburn
Notary Public
Please take notice that the City Council of the City of Blairs-
ville proposes to adopt an ordinance to provide for compensation
for the Mayor and the members of the City Council, as set forth
in Section 2.13 of Article II, Chapter 1 of the Charter of the
City of Blairsville. A copy of the proposed amendment is on
file in the Office of the Clerk of the City Council and a copy
of the proposed amendment is on file in the Office of the Clerk
of the Superior Court of Union County. A copy of the proposed
amendment will be furnished by the City Clerk of the City Coun-
cil upon request.
This 6th day of August, 1984.
/s/ Charles Allison, Mayor
City of Blairsville, Georgia
Legal Ad
Please take notice that the City Council of the City of Blairs-
ville proposes to adopt an ordinance to provide for compensation
for the Mayor and the members of the City Council, as set forth
in Section 2.13 of Article II, Chapter 1 of the Charter of the
City of Blairsville. A copy of the proposed amendment is on
file in the Office of the Clerk of the City Council and a copy
of the proposed amendment is on file in the Office of the Clerk
of the Superior Court of Union County. A copy of the proposed
5322 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
amendment will be furnished by the City Clerk of the City Coun-
cil upon request.
This 6th day of August, 1984.
/s/ Charles Allison Mayor
City of Blairsville, Georgia
(Aug. 9,16,23b)
Georgia, Union County
Personally appeared before the undersigned attesting officer
JANICE MASHBURRN, Clerk for the City of Blairsville, Geor-
gia, who on oath says that a copy of the foregoing ordinance
required to be adopted pursuant to the provisions of Chapter
35 of Title 36 of the Official Code of Georgia Annotated, the
"Municipal Home Rule Act of 1965, was filed in her office on
the 6th day of August, 1984, 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 Council
of the City of Blairsville, and that the foregoing ordinance is
a true and exact copy of that ordinance which was finally
adopted by the City of Blairsville in a regular meeting of the
City Council held at the City Hall on the 4th day of September,
1984, the original of which is in my possession and appears as
a part of the official minutes of that meeting.
/s/ Janice Mashburn
City Clerk
Sworn to and subscribed before me
this 20th day of September, 1984.
/s/ Lorraine Conley
Notary Public
GEORGIA LAWS 1985 SESSION
5323
Filed in the Office of the Secretary of State September 24,
1984.
CITY OF COVINGTONMAYOR AND COUNCIL MEMBERS;
SALARIES.
AN ORDINANCE
TO BE ENTITLED
AN ORDINANCE OF THE CITY OF COVINGTON, GEOR-
GIA, TO AMEND THE CHARTER OF THE CITY OF COVING-
TON, GEORGIA, AS ENACTED BY THE GENERAL ASSEM-
BLY OF THE STATE OF GEORGIA BY ACT APPROVED
JANUARY 30, 1962 (GEORGIA LAWS 1962, PAGE 2003) AS
AMENDED, PURSUANT TO THE MUNICIPAL HOME RULE
ACT OF 1965 (GEORGIA LAWS 1965, PAGE 298, CHAPTER
35 OF TITLE 36, OFFICIAL CODE OF GEORGIA ANNO-
TATED) AS AMENDED, TO AMEND CHARTER SECTION 27
ENTITLED "SALARIES SO AS TO INCREASE THE AN-
NUAL SALARY OF THE MAYOR AND COUNCIL MEMBERS
OF THE CITY OF COVINGTON; TO PROVIDE FOR AN EF-
FECTIVE DATE; AND FOR OTHER PURPOSES.
BE IT ORDAINED by the Mayor and Council of the City
of Covington, Georgia, in Council duly assembled and it is hereby
ordained by the authority of same and pursuant to the provisions
of the Municipal Home Rule Act of 1965 (Georgia Laws 1965,
page 298) as amended, Chapter 35 of Title 36, Official Code of
Georgia Annotated, that the Charter of the City of Covington,
Georgia (Georgia Laws 1962, page 2003, et seq.) as amended,
be further amended to provide for an increase in the salaries
of the Mayor and Members of the City Council as provided in
Section 27 of the City Charter by amending the first two sen-
tences of said Charter Section 27 so that after amendment, said
Charter Section 27 shall read as follows:
"Sec. 27. Salaries:
The Mayor of the City of Covington shall receive an an-
nual salary of $12,000.00 per annum payable in equal
5324 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
monthly installments from the funds of the City of Coving-
ton. Council Members of the City of Covington shall receive
an annual salary of $6,000,000 payable in equal monthly
installments from the funds of the City of Covington. The
Recorder of the City of Covington shall receive an annual
salary payable in equal monthly installments from the funds
of the City of Covington and such expense allowances as
may be approved by the Mayor and Council from time to
time.
This ordinance shall become effective upon complete compli-
ance with Sec. 36-25-5, Official Code of Georgia Annotated, and
the other provisions of the Municipal Home Rule Act of 1965
(Georgia Laws 1965, page 298); however, in no event shall this
ordinance become effective prior to January 1, 1985.
First offered and adopted the 17th day of September, 1984,
and again adopted on the 1st day of October, 1984, the next
regularly scheduled meeting of the Mayor and Council of the
City of Covington succeeding its regularly scheduled meeting
of September 17,1984, and after all notices required by Georgia
law and pursuant to prior notices as may be required by Georgia
law.
The City of Covington
(City Seal) By: /s/ W. L. Dobbs, Mayor
Attest: /s/ (Mrs.) Betty L. Schell
City Clerk
State of Georgia
City of Covington
County of Newton
I, BETTY L. SCHELL, do certify that I am Clerk of the
City of Covington, Georgia, and that the within and foregoing
matter constitutes a true and correct copy of an ordinance of
the City of Covington, Georgia, enacted and adopted at the regu-
larly scheduled meetings of the Mayor and Council of the City
of Covington, Georgia, on September 17, 1984, and again on
October 1, 1984, the next regularly scheduled meeting of the
Mayor and Council of the City of Covington succeeding its regu-
larly scheduled meeting of September 17, 1984, and that the
GEORGIA LAWS 1985 SESSION
5325
original thereof appears in the permanent records of the City
of Covington, Georgia.
This 2nd day of October, 1984.
(City Seal) /s/ (Mrs.) Betty L. Schell
City Clerk
City of Covington, Georgia
State of Georgia
County of Newton
PUBLISHERS AFFIDAVIT
Personally appeared before the undersigned officer, DENNY
HILL, who says on oath that he is Editor of The Covington
News, a newspaper which has a general circulation in the munic-
ipality of Covington, Georgia, and is the official organ of Newton
County, Georgia, the county in which the City of Covington is
located, and that a legal notice, copy of which is attached hereto
as Exhibit "A and made a part hereof by reference, appeared
as a legal advertisement in the August 30, September 6 and
13, 1984, editions of The Covington News.
/s/ Denny Hill
Sworn to and subscribed before me,
this 1st day of October, 1984.
/s/ Cherie W. Agnes
Notary Public, Georgia, State at Large
My Commission Expires Oct. 31, 1987
EXHIBIT "A
Legal No. 1777
August 30
September 6, 13
NOTICE OF INTENT TO ADOPT AN AMENDMENT TO THE
CHARTER OF THE CITY OF COVINGTON PURSUANT TO
THE MUNICIPAL HOME RULE ACT OF 1965 (CHAPTER 35
OF TITLE 36, OFFICIAL CODE OF GEORGIA ANNOTATED)
The Council of the City of Covington, Georgia, intends to
adopt an amendment to Section 27 of the Charter of the City
5326 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
of Covington, Georgia, as enacted by the General Assembly of
the State of Georgia by an Act approved January 30,1962 (Geor-
gia Laws 1962, page 2003) as amended, pursuant to the Munici-
pal Home Rule Act of 1965 (Georgia Laws 1965, page 298) as
amended. The proposed amendment will amend Charter Section
27 for the purpose of increasing the annual salaries of the Mayor
of the City of Covington and Council members of the City Coun-
cil. A copy of the proposed amendment is on file with the City
Clerk, Mrs. Betty L. Schell, at City Hall, Conyers Street, Coving-
ton, Georgia, and in the Office of the Clerk of Superior Court
of Newton County, Newton County Courthouse, Covington,
Georgia, for the purpose of examination and inspection by the
public. The City Clerk shall furnish anyone, upon request, a
copy of the proposed amendment.
The City of Covington
By: /s/ (Mrs.) Betty L. Schell
City Clerk
Filed in the Office of the Secretary of State October 5,1984.
FITZGERALD AND BEN HILL COUNTY DEVELOPMENT
AUTHORITY; LOCAL CONSTITUTIONAL AMENDMENT
CONTINUED.
ORDINANCE NO. 1079
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE
CITY OF FITZGERALD TO CONTINUE IN FORCE THE LO-
CAL CONSTITUTIONAL AMENDMENT AND ACTS OF GEN-
ERAL ASSEMBLY CREATING THE FITZGERALD AND BEN
HILL COUNTY DEVELOPMENT AUTHORITY AS SUCH
ACT WAS SUBSEQUENTLY AMENDED; TO PROVIDE AN
EFFECTIVE DATE; TO REPEAL CONFLICTING ORDI-
NANCES; AND FOR OTHER PURPOSES.
WHEREAS the Fitzgerald and Ben Hill County Develop-
ment Authority was created by a local amendment to the Consti-
GEORGIA LAWS 1985 SESSION
5327
tution of the State of Georgia (House Resolution 404-831, Ga.
L. 1962, p. 1011 et seq.); and by an Act of the General Assembly
of the State of Georgia (Ga. L. 1963, p. 2003 et seq.); and
WHEREAS, the aforesaid act was amended (Ga. L. 1981,
p. 3957 et seq.); and
WHEREAS, by referring to the aforesaid amendment and
acts, they are each incorporated herein by reference as fully
as if set forth herein; and
WHEREAS, Article XI, Section I, Paragraph IV, of the Con-
stitution of the State of Georgia provides that local amendments
to the Constitutions of 1877 and 1945 which were continued
in force and effect as a part of the constitution of 1976, and
amendments to the Constitution of 1976 which were ratified
not as general amendments but which were of force and effect
on the effective date of the present Constitution should continue
in force until July 1, 1987 at which time they should stand
repealed unless continued in force and effect either by a local
law enacted prior to July 1, 1987 or by ordinance or resolution
duly adopted prior to July 1,1987 by the local governing author-
ity in the manner provided for the adoption of home rule amend-
ments to its charter or local act; and
WHEREAS, the governing authority of the City of Fitzgerald
desires in conjunction with the governing authority of Ben Hill
County that the aforesaid local constitutional amendment and
acts shall be specifically continued in force and effect; and
WHEREAS, as authorized by Article IX, Section II, Para-
graph II of the Constitution, the Municipal Home Rule Act of
1965 (1965 G. Laws, p. 298, et seq. as amended) provides how
municipalities may adopt home rule amendments.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and
Council of the City of Fitzgerald, Georgia, and it is hereby or-
dained by authority of the same as follows:
The aforesaid Constitutional Amendment and Acts of
the Georgia General Assembly in the preamble to this ordi-
nance relating to the Fitzgerald and Ben Hill County Devel-
opment Authority which amendment was duly ratified and
5328 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
which acts were duly adopted and are eligible for continua-
tion pursuant to the provisions of the present Constitution
of Georgia are hereby specifically continued in force and
effect without amendment.
Upon final adoption, the Clerk of this body is directed
to transmit forthwith to the Secretary of State and to the
Clerk of Ben Hill Superior Court a certified copy of this
ordinance and a copy of the notice of publication and an
affidavit of a duly authorized representative of the newspa-
per in which the notice was published to the effect that the
notice has been published as provided by the Constitution
of the State of Georgia.
This ordinance shall be effective upon proper filing with
the Secretary of State and the Clerk of Ben Hill Superior
Court.
All charter provisions or ordinance or parts thereof in con-
flict herewith are hereby repealed.
DATE OF FIRST ADOPTION 10/22/84
PASSED BY THE FOLLOWING VOTE: Yes 8
No 0
Approved:
/s/ Gerald H. Thompson, Mayor
Attest: Louise Wiggins, Clerk
DATE OF SECOND ADOPTION 11/12/84
PASSED BY THE FOLLOWING VOTE: Yes 7
No 0
Approved:
/s/ Gerald H. Thompson, Mayor
Attest:
/s/ Louise Wiggins, Clerk
GEORGIA LAWS 1985 SESSION
5329
Georgia,
Ben Hill County.
The undersigned does hereby certify that she is the duly
elected and acting Clerk of the Mayor and Council of the City
of Fitzgerald, which is the governing authority of the City of
Fitzgerald, and that the within and foregoing ordinance was
duly adopted at two regular consecutive meetings of said govern-
ing authority of the City of Fitzgerald not less than seven days
nor more than sixty days apart, and which said ordinance was
duly adopted at said meetings which were held on October 22,
1984, and November 12, 1984.
The undersigned does further certify that a copy of said
proposed ordinance was filed in my office as Clerk of the Mayor
and Council of the City of Fitzgerald on the 4th day of October,
1984, and has remained of file continuously since that time until
the time of the making of this certificate.
In Witness Whereof the undersigned has hereunto set her
official signature and affixed the official seal of the said Mayor
and Council of the City of Fitzgerald on this the 12th day of
November, 1984.
/s/ Louise Wiggins
(Seal) Clerk of the Mayor and Council
of the
City of Fitzgerald, Georgia
Georgia,
Ben Hill County.
Personally appeared before the undersigned, an officer au-
thorized by law to administer oaths, AUDREY D. JORDAN,
who after being first duly sworn on oath says that the attached
proposed ordinance of the Mayor and Council of the City of
Fitzgerald to continue in force Constitutional Amendment and
Acts of the General Assembly creating the Fitzgerald and Ben
Hill County Development Authority as such act was subse-
quently amended, was filed in my office as Clerk of Ben Hill
Superior Court on the 4th day of October, 1984, and that the
attached proposed ordinance of the Board of Commissioners of
Roads and Revenues of Ben Hill County, Georgia, to continue
5330 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
in force and effect the local Constitutional Amendment and Acts
of the General Assembly creating the Fitzgerald and Ben Hill
County Development Authority as such act was subsequently
amended, was also filed in my office as Clerk of said Court on
the 4th day of October, 1984, and that the attached copy of
said ordinance of the Mayor and Council of the City of Fitzgerald
certified to by the Clerk of the Mayor and Council of the City
of Fitzgerald as being finally adopted on November 12, 1984,
was filed in my office on this the 16th day of November, 1984,
and the attached copy of said ordinance of the Board of Commis-
sioners of Roads and Revenues of Ben Hill County, Georgia,
certified to by the Clerk of said Board as finally adopted on
November 7, 1984, was filed in my office as Clerk of said Court
on the 16th day of November, 1984.
IN WITNESS WHEREOF the undersigned has hereunto af-
fixed her official signature and seal of said court on this the
16th day of November, 1984.
/s/ Audrey D. Jordan
Clerk of Superior Court
of Ben Hill County, Georgia
Sworn to and subscribed before me
on this the 16th day of November, 1984.
/s/ Clayton Jay, Jr.
Notary Public,
Ben Hill County, Georgia
Georgia,
Ben Hill County.
Personally appeared before the undersigned, an officer au-
thorized by law to administer oaths, GERALD PRYOR, who
after being first duly sworn on oath says that he is the Editor
and Publisher of the Herald-Leader, the official organ of Ben
Hill County, Georgia, and the official organ of the City of Fitzger-
ald, Georgia, and the newspaper in which sheriffs advertise-
ments for Ben Hill County are published, and that the following
notices were published in said newspaper on October 18, 1984,
October 25, 1984, November 1, 1984 and November 8, 1984:
GEORGIA LAWS 1985 SESSION
5331
NOTICE OF CONTINUATION OF CONSTITUTIONAL
AMENDMENT AND ACTS OF THE GENERAL ASSEMBLY
OF GEORGIA
Notice is hereby given, pursuant to providions of Article
IX, Section II, Paragraph I and Article XI, Section I, Paragraph
IV of the Constitution of the State of Georgia that the Board
of Commissioners of Roads and Revenues of Ben Hill County,
proposes to adopt at two regular consecutive meetings not less
than seven nor more than sixty days apart an ordinance to
continue in force and effect without amendment the local
amendment to the Constitution of the State of Goergia (Ga. L.
1962 p. 1011 et seq.) which was duly ratified, and Acts of the
Georgia General Assembly (Ga. L. 1963 p. 2003 et seq.; Ga. L.
1981, p. 3957 et seq.) which were duly adopted and which created
the Fitzgerald and Ben Hill County Development Authority and
amended the provisions with respect to same.
A copy of the proposed ordinance is on file in the office of
the Clerk of the Superior Court of Ben Hill County, Georgia
for the purpose of examination and inspection by the public,
as provided by the Constitution.
(10/18, 25, 11/1, 8)
NOTICE OF CONTINUATION OF CONSTITUTIONAL
AMENDMENT AND ACTS OF THE GENERAL ASSEMBLY
OF GEORGIA
Notice is hereby given, pursuant to provisions of Article IX,
Section II, Paragraph II and Article XI, Section I, Paragraph
IV of the Constitution of the State of Georgia and Section 36-
35-3 of the Official Code of Georgia Ann. that the Mayor and
Council of the City of Fitzgerald, Georgia, proposes to adopt
at two regular consecutive meetings not less than seven nor
more than sixty days apart an ordinance to continue in force
and effect without amendment the local amendment to the Con-
stitution of the State of Georgia (Ga. L. 1962 p. 1011 et seq.)
which was duly ratified, and Acts of the Georgia General Assem-
bly (Ga. L. 1963 p. 2003 et seq.; Ga. L. 1981, p. 3957 et seq.)
which were duly adopted and which created the Fitzgerald and
Ben Hill County Development Authority and amended the pro-
visions with respect to same.
5332 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
A copy of the proposed ordinance is on file in the office of
the Clerk of the Mayor and Council of the City of Fitzgerald
and a copy of the proposed ordinance is of file in the office of
the Clerk of the Superior Court of Ben Hill County, Georgia
for the purpose of examination and inspection by the public,
as provided by the Constitution and the laws of Georgia.
(10/18, 25, 11/1, 8)
/s/ Gerald Pryor
Sworn to and subscribed before me
on this the 12th day of November, 1984.
/s/ Therese K. Griffin
Notary Public,
Ben Hill County, Georgia.
Filed in the Office of the Secretary of State December 7,
1984.
CITY OF SAVANNAHCITY CONTRACTS; COMPETITIVE
BIDDING; BONDS.
AN ORDINANCE
To Be Entitled
AN ORDINANCE TO AMEND THE CHARTER OF THE
MAYOR AND ALDERMEN OF THE CITY OF SAVANNAH,
GEORGIA, TO AMEND ARTICLE 3, CHAPTER 1, SECTION
3-110 EXECUTION OF CONTRACTS (GA. L. 1953, NOV.-DEC.
SESS., P. 2019, SEC. 11.) TO AUTHORIZE THE CITY MAN-
AGER TO EXECUTE CERTAIN CONTRACTS; TO AMEND
ARTICLE 3, CHAPTER 2, SECTION 3-205 PURCHASES (GA.
L. 1953, NOV.-DEC. SESS., P. 2019, SEC. 10.) TO PROVIDE
A SYSTEM OF PURCHASES AND CONTRACTS; TO AU-
THORIZE THE CITY MANAGER TO EXECUTE CERTAIN
CONTRACTS; TO PROVIDE FOR COMPETITIVE BIDDING;
GEORGIA LAWS 1985 SESSION
5333
TO PROVIDE FOR BOND AND THE WAIVER THEREOF; TO
REPEAL ALL ORDINANCES IN CONFLICT HEREWITH AND
FOR OTHER PURPOSES.
BE IT ORDAINED by The Mayor and Aldermen of the City
of Savannah, Georgia, in regular meeting of Council assembled,
and pursuant to lawful authority thereof, and after proper notice
and advertisement in accordance with O.C.G.A. 36-35-3 that the
Charter of the City of Savannah be amended as follows:
Section 1: By amending Section 3-100 Execution of con-
tracts of the 1977 City Code by striking thereform the words
"five hundred and inserting in lieu thereof the words "ten
thousand so that as amended said Section shall read as follows:
The city manager is hereby authorized and empowered to
make and execute contracts within the scope of his duties
as defined by this chapter, except for materials, supplies
and equipment, the purchase of which is dealt with in Sec-
tion 3-205 of this Code; provided, however, that any such
contract, other than a contract of employment made by the
city manager, must be approved by the Mayor and Aldermen
when the consideration is in excess of ten thousand dollars.
Section 2: By deleting therefrom Section 3-205 Purchases
(1) and (2) of the 1977 City Code and inserting in lieu thereof
a new Section 3-205 to be entitled Purchases and Contracts as
follows:
(1) All purchases of materials, goods, equipment and sup-
plies for all departments of the City of Savannah regardless
of quantity, cost or character, shall be made through the
Board of Purchase.
The Board of Purchase shall be composed of the City Man-
ager, the Director of the Purchasing Department and one
member of City Council. Two members of the Board shall
constitute a quorum, provided one of them is the City Man-
ager.
(2) Purchasing of any materials or supplies for the City
with a value or cost of $10,000 or less may be made pursuant
to a system of informal competitive bids and in such case
5334 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
a record shall be kept of the vendors solicited and the bids
quoted. Purchases of any materials and supplies for the City
with a value or cost of more than $10,000 shall be made
pursuant to a system of formal competitive bidding which
shall include advertising for bids in a newspaper of general
circulation within the City.
(3) The Board of Purchase may waive bid bond, payment
bond and performance bond requirements for construction
or service contracts with a value of $20,000 or less, and may
also waive bid bond, payment bond and performance bond
requirements for commodity contracts regardless of the dol-
lar amount. Nothing herein restricts the bonds or perfor-
mance bonds when such requirement is determined to be
in the best interest of the City.
(4) The City Manager is authorized and empowered to make
and execute contracts within the scope of his duties provided,
however, that contracts with a consideration of more than
$10,000 shall be first approved by the Mayor and Aldermen.
Section 3: All Charter, Code provisions or Ordinances in
conflict herewith are hereby repealed.
ADOPTED AND APPROVED Nov 19, 1984
/s/ John P. Rousakis
Mayor
Attest:
/s/ Sophie S. Gottlieb
Clerk of Council
I, Sophie S. Gottlieb, Clerk of Council of The Mayor and Aider-
men of the City of Savannah, Georgia, do hereby certify this
to be a true and exact copy of an ordinance adopted and approved
by said Mayor and Aldermen in meeting assembled November
19, 1984.
Signed and Sealed December 7, 1984
/s/ Sophie S. Gottlieb
Clerk of Council
GEORGIA LAWS 1985 SESSION
5335
Affidavit of Publication
State of Georgia
Chatham County
Personally appeared before me, GENE STEWART, to me
known, who being sworn, deposes and says:
That he is the ADVERTISING DIRECTOR of Southeastern
Newspapers Corporation, a Georgia corporation, doing business
in Chatham County, Georgia, under the trade name of Savannah
Morning News/Savannah Evening Press, a daily newspaper
published in said county;
That he is authorized to make affidavits of publication on
behalf of said published corporation;
That said newspaper is of general circulation in said county
and in the area adjacent thereto;
That he has reviewed the regular editions of the Savannah
Morning News/Savannah Evening Press, published on Nov. 1,
1984, Nov. 8, 1984, Nov. 15, 1984,____, 19_, and finds that
the following advertisement, to-wit:
84-569-0115-220
SPECIAL NOTICE
Notice is hereby given that The Mayor and Alderman of
the City of Savannah will consider Odinances proposed pursuant
to O.C.G.A. 36-35-3 to amend the Charter of the City of Savannah
to amend Article 3, Chapter 2 and Article 3, Chapter to provide
for competitive bids for material, services or supplies with a
value or cost over Ten Thousand ($10,000.00) Dollars, to author-
ize the City Manager to execute contracts where the consider-
ation is less than Ten Thousand ($10,000.00) Dollars, and to
provide for bond and waiver thereof.
AND ALSO, to amend Article 3, Chapter 1 providing for
appointments by the City Manager; to amend Article 3, Chapter
3 Civil Service to provide for appointments in the classified and
the unclassified service.
The Amendments will be considered at the meeting of Coun-
cil November 8,1984, to be held at 2:00 p.m. in Council Chambers
5336 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
at City Hall and further considered for final adoption at the
next regular meeting on November 19, 1984.
A copy of the proposed Ordinances are on file in the Office
of the Clerk of Council and the Office of the Clerk of the Superior
Court of Chatham County, Georgia, for the purpose of examina-
tion and inspection by the public.
This 25 day of October, 1984.
/s/ Sophie S. Gottlieb
Clerk of Council
Nov. 1,8,15 P
appeared in each of said editions.
/s/ Gene Stewart
(Deponent)
711261
84-569-0115-220
Sworn to and subscribed before me
this 26th day of November, 1984.
/s/ Veronica T. Brown
Notary Public,
Chatham County, Georgia
Filed in the Office of the Secretary of State December 10,
1984.
CITY OF SAVANNAHCIVIL SERVICE.
AN ORDINANCE
To Be Entitled
AN ORDINANCE TO AMEND THE CHARTER OF THE
MAYOR AND ALDERMEN OF THE CITY OF SAVANNAH,
GEORGIA, TO AMEND ARTICLE 3, CHAPTER 3 CIVIL SER-
GEORGIA LAWS 1985 SESSION
5337
VICE SECTION 3-305 DEFINING THE COMPOSITION OF
UNCLASSIFIED AND CLASSIFIED SERVICE AND SECTION
3-306 STATUS OF INCUMBENTS (GA. L. 1949, P. 548, SEC.
5; GA. L. 1956, P. 2068, SEC. 2. AND GA. L. 1949, P. 548, SEC.
6.); TO REPEAL ALL ORDINANCES IN CONFLICT HERE-
WITH AND FOR OTHER PURPOSES.
BE IT ORDAINED by The Mayor and Aldermen of the City
of Savannah, Georgia, in regular meeting of Council assembled,
and pursuant to lawful authority thereof, and after proper notice
and advertisement in accordance with O.C.G.A. 36-35-3 that the
Charter of the City of Savannah be amended as follows:
SECTION 1: By deleting therefrom Section 3-305 and Sec-
tion 3-306 of the 1977 City Code and inserting in lieu thereof
a new Section 3-305 so that as amended said Section shall read
as follows:
The civil service of the City of Savannah shall be divided
into the unclassified service and the classified service.
(1) The unclassified service shall consist of the following:
a. Officers elected by the people and persons appointed
to fill vacancies in such elective offices.
b. Officers and employees specifically exempted by law.
c. Members of boards or special commissions appointed
by the Mayor and Aldermen for special purposes, who serve
without compensation.
d. The City Attorney and all assistants and employees
in the department of law, appointments to all such positions
to be made as prescribed by law.
e. The executive secretary and such other confidential
employees of the Mayor and Aldermen, appointments to
such positions to be made as prescribed by law.
f. Clerk of Council and Assistant Clerks of Council, ap-
pointments to all such positions to be made as prescribed
by law.
5338 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
g. Election officials.
h. Assistant city managers and heads of departments,
all such positions to be appointed by the city manager.
i. The clerical staff, secretaries and assistants of the
city manager.
j. Assistant department heads, bureau and division
heads, assistant chiefs of the police department and fire de-
partment, fire battallion chiefs and equivalent level positions
in the fire department, majors and equivalent level positions
in the police department, appointments to all such postions
to be made by the heads of the departments to which as-
signed, subject to the approval of the city manager.
k. Functionaries having fiduciary responsibilites, con-
struction code and related installation code enforcement
powers, sanitation code, fire code, zoning code enforcement
powers, and enforcement powers of similar codes. Appoint-
ments to all such positions to be made by the heads of the
departments to which assigned subject to the approval of
the city manager.
l. Special temporary employees whose employment
does not exceed nine months duration in any one year.
m. Part-time employees who work less than twenty (20)
hours per week.
(2) The classified service shall include all other public offi-
cers and employees in the employment of the City of Savan-
nah, now or hereafter employed, and all appointments, em-
ployments, suspensions and changes in grade or title in the
classified service shall be made and permitted only as pre-
scribed in this chapter, and not otherwise.
SECTION 2: All Charter, Code provisions or Ordinances
in conflict herewith are hereby repealed.
GEORGIA LAWS 1985 SESSION
5339
ADOPTED AND APPROVED Nov 19, 1984
/s/ John P. Rousakis
Mayor
Attest:
/s/ Sophie S. Gottlieb
Clerk of Council
I, Sophie S. Gottlieb, Clerk of Council of The Mayor and
Aldermen of the City of Savannah, Georgia, do hereby certify
this to be a true and exact copy of an ordinance adopted and
approved by said Mayor and Aldermen in meeting assembled
November 19, 1984.
Signed and Sealed December 7, 1984
/s/ Sophie S. Gottlieb
Clerk of Council
Affidavit of Publication
State of Georgia
Chatham County
Personally appeared before me, GENE STEWART, to me
known, who being sworn, deposes and says:
That he is the ADVERTISING DIRECTOR of Southeastern
Newspapers Corporation, a Georgia corporation, doing business
in Chatham County, Georgia, under the trade name of Savannah
Morning News/Savannah Evening Press, a daily newspaper
published in said county;
That he is authorized to make affidavits of publication on
behalf of said published corporation;
That said newspaper is of general circulation in said county
and in the area adjacent thereto;
5340 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
That he has reviewed the regular editions of the Savannah
Morning News/Savannah Evening Press, published on Nov. 1,
1984, Nov. 8, 1984, Nov. 15, 1984,____, 19_, and finds that
the following advertisement, to-wit:
84-569-0115-220
SPECIAL NOTICE
Notice is hereby given that The Mayor and Alderman of
the City of Savannah will consider Odinances proposed pursuant
to O.C.G.A. 36-35-3 to amend the Charter of the City of Savannah
to amend Article 3, Chapter 2 and Article 3, Chapter to provide
for competitive bids for material, services or supplies with a
value or cost over Ten Thousand ($10,000.00) Dollars, to author-
ize the City Manager to execute contracts where the consider-
ation is less than Ten Thousand ($10,000.00) Dollars, and to
provide for bond and waiver thereof.
AND ALSO, to amend Article 3, Chapter 1 providing for
appointments by the City Manager; to amend Article 3, Chapter
3 Civil Service to provide for appointments in the classified and
the unclassified service.
The Amendments will be considered at the meeting of Coun-
cil November 8,1984, to be held at 2:00 p.m. in Council Chambers
at City Hall and further considered for final adoption at the
next regular meeting on November 19, 1984.
A copy of the proposed Ordinances are on file in the Office
of the Clerk of Council and the Office of the Clerk of the Superior
Court of Chatham County, Georgia, for the purpose of examina-
tion and inspection by the public.
This 25 day of October, 1984.
/s/ Sophie S. Gottlieb
Clerk of Council
Nov. 1,8,15 P
appeared in each of said editions.
/s/
Gene Stewart
(Deponent)
711261
84-569-0115-220
GEORGIA LAWS 1985 SESSION
5341
Sworn to and subscribed before me
this 26th day of November, 1984.
/s/ Veronica T. Brown
Notary Public,
Chatham County, Georgia
Filed in the Office of the Secretary of State December 10,
1984.
CITY OF CEDARTOWNCEDARTOWN DEVELOPMENT
AUTHORITY; LOCAL CONSTITUTIONAL AMENDMENT
CONTINUED.
ORDINANCE NO. 14, 1984
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF CEDARTOWN TO CONTINUE IN FORCE THE LOCAL
CONSTITUTIONAL AMENDMENT CREATING THE CEDAR-
TOWN DEVELOPMENT AUTHORITY AS SUCH CONSTITU-
TIONAL AMENDMENT WAS SUBSEQUENTLY FURTHER
AMENDED BY LOCAL AMENDMENTS TO THE CONSTITU-
TION; TO PROVIDE AN EFFECTIVE DATE; TO REPEAL
CONFLICTING ORDINANCES; AND FOR OTHER PUR-
POSES.
WHEREAS, the Cedartown Development Authority was cre-
ated by a local amendment to the Constitution of the State of
Georgia (House Resolution No. 550-1065, Ga. L. 1962, p. 888
et seq.); and
WHEREAS, by referring to the aforesaid resolutions, they
are each incorporated herein by reference as fully as if set forth
herein; and,
WHEREAS, Article XI, Section I, Paragraph IV, of the Con-
stitution of the State of Georgia provides that local amendments
to the Constitutions of 1877 and 1945 which were continued
in force and effect as a part of the Constitution of 1976, and
amendments to the Constitution of 1976 which were ratified
5342 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
not as general amendments but which were of force and effect
on the effective date of the present Constitution should continue
in force until July 1, 1987 at which time they should stand
repealed unless continued in force and effect either by a local
law enacted prior to July 1, 1987 or by ordinance or resolution
duly adopted prior to July 1,1987 by the local governing author-
ity in the manner provided for the adoption of home rule amend-
ments to its charter or local act; and,
WHEREAS, as authorized by Article IX, Section II, Para-
graph II of the Constitution, the Municipal Home Rule Act of
1965 (1965 G. Laws, p. 298, et seq. as amended) provides how
municipalities may adopt home rule amendments.
NOW, THEREFORE, BE IT ORDAINED by the City Com-
mission of the City of Cedartown, Georgia, and it is hereby or-
dained by authority of the same as follows:
The aforesaid constitutional amendments described in
the preamble to this ordinance relating to the Cedartown
Development Authority, all of which were duly ratified by
the people and are eligible for continuation pursuant to the
provisions of the present Constitution of Georgia are hereby
specifically continued in force and effect without amend-
ment.
Upon final adoption, the Clerk of this body is directed
to transmit forthwith to the Secretary of State and to the
Clerk of Polk Superior Court a certified copy of this ordi-
nance and a copy of the notice of publication and an affidavit
of a duly authorized representative of the newspaper in
which the notice was published to the effect that the notice
has been published as provided by the Constitution of the
State of Georgia.
This ordinance shall be effective upon proper filing with the
Secretary of State and the Clerk of Polk Superior Court.
All charter provisions or ordinances or parts thereof in con-
flict herewith are hereby repealed.
SO ORDAINED this 12th day of November, 1984.
/s/ Jerry S. Walley
Chairman, City Commission of
the City of Cedartown
GEORGIA LAWS 1985 SESSION
5343
Attest:
/s/ Emily C. Shaw
Clerk
I, EMILY SHAW, City Clerk, do hereby certify that the at-
tached copy of ordinance #14,1984 which continues in force
the local constitutional amendment creating the Cedartown De-
velopment Authority, is a true and correct copy of said ordinance
on file in the City Clerks Office, City Hall, Cedartown, Georgia.
/s/ Emily C. Shaw
City Clerk (Seal)
City Hall
Cedartown, Georgia
NOTICE OF CONTINUATION OF CONSTITUTIONAL
AMENDMENT
Notice is hereby given, pursuant to provisions of Article IX,
Section II, Paragraph I and Article XI, Section I, Paragraph
IV of the Constitution of the State of Georgia that the City
Commission of the City of Cedartown proposes to adopt at two
regular consecutive meetings not less than seven nor more than
sixty days apart an ordinance to continue in force and effect
without amendment the local amendments to the Constitutions
of the State of Georgia of 1945 and 1976 (Ga. L. 1962, p. 888;
Ga. L. 1963, p. 2878; and Ga. L. 1979, p. 3690) which were duly
ratified and which created the Cedartown Development Author-
ity and amended the provisions with respect to the same.
A copy of the proposed ordinance is on file in the Office of
the Clerk of the Superior Court and in the Office of the Clerk
of the City of Cedartown for the purpose of examination and
inspection by the public, as provided by the Constitution.
PUBLISHERS AFFIDAVIT
State of Georgia,
County of Polk.
I, Joseph D. Williams, do hereby certify that I am publisher
of The Cedartown Standard, a newspaper having general circu-
lation in Polk County, Georgia, and the attached notice of Con-
tinuation of Constitutional Amendment was published in said
5344 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
newspaper on the following dates, to-wit: November 15, 22, 29,
1984
/s/ Joseph D. Williams, Publisher
Sworn to and subscribed before me
this 14 day of December, 1984.
/s/ Beth Erwin
Notary Public
NOTICE OF CONINUATION OF CONSTITUTIONAL
AMENDMENT
Notice is hereby given, pursuant to provisions of Article IX,
Section II, Paragraph I and Article XI, Section I, Paragraph
IV of the Constitution of the State of Georgia that the City
Commission of the City of Cedartown proposes to adopt at two
regular consecutive meetings not less than seven nor more than
sixty days apart an ordinance to continue in force and effect
without amendment the local amendments to the Constitutions
of the State of Georgia of 1945 and 1976 (Ga. L. 1962, p. 888;
Ga. L. 1963, p. 2878; and Ga. L. 1979, p. 3690) which were duly
ratified and which created the Cedartown Development Author-
ity and amended the provisions with respect to the same.
A copy of the proposed ordinance is on file in the Office of
the Clerk of the Superior Court and in the Office of the Clerk
of the City of Cedartown for the purpose of examination and
inspection by the public, as provided by the Constitution.
York, Cummings & McRae
Attorneys at Law
P.O. Box 246
Cedartown, Georgia 30125
Nov. 15, 22, 29
No. 3078
Filed in the Office of the Secretary of State December 28,
1984.
GEORGIA LAWS 1985 SESSION
I
OFFICE OF THE GOVERNOR
Atlanta, Georgia 30334
April 16, 1985
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 255, 362, 456, and 723 which were
passed by the General Assembly of Georgia at the 1985 Regular
Session.
Article V, Section II, Paragraph VI of the Constitution re-
quires that I transmit such bills to you, together with a list of
reasons for such vetoes. The bills and corresponding reasons
for their veto are enclosed.
With kindest regards, I remain
Sincerely,
/s/ Joe Frank Harris
Joe Frank Harris
JFH/rsb
Enclosures
cc: Honorable Zell Miller, Lieutenant Governor of Georgia
Honorable Glenn W. Ellard, Clerk, House of Representa-
tives
Honorable Hamilton McWhorter, Jr., Secretary of Senate
Honorable Frank H. Edwards, Legislative Counsel
Honorable Michael J. Bowers, Attorney General
Honorable Max Cleland, Secretary of State
II
GOVERNORS VETOES
Veto No. 1H. B. 255
House Bill 255 provided for a change in the provision relating
to the qualifications for a coroner. A technical error was made
in this legislation and the author of the bill requested that this
bill be vetoed. The appropriate provisions of House Bill 255
passed in Senate Bill 252 which has been signed into law.
Veto No. 2H. B. 456
House Bill 456 amended the general provisions regarding
the transaction of insurance so as to provide for jurisdiction
of certain providers of health care benefits. Because of a techni-
cal error in this legislation, the author of this bill requested
that it be vetoed. The appropriate provisions of House Bill 456
passed as an amendment to Senate Bill 131 which has been
signed into law.
Veto No. 3H. B. 362
House Bill 362 changed the provision relating to the pay-
ment of a clothing allowance for members of the Uniform Divi-
sion of the Georgia State Patrol assigned permanently as per-
sonal security or on special duty assignments. Presently, the
law provides for a set figure of $480.00 per year to be paid to
members of the Uniform Division assigned as personal security
or for special duty assignments. This legislation would have
struck the dollar amount presently in the law and would have
provided that the amount to be paid would be provided in the
appropriations bill. The language change was not made in the
appropriations bill and therefore this legislation had to be ve-
toed.
Veto No. 4H. B. 723
House Bill 723 amended certain provisions of the law relat-
ing to the appeal of rulings of the Georgia Public Service Com-
mission. The legislation would have required a superior court
judge to rule on a request for injunctive relief within 45 days
of a complaint being filed. The Georgia Supreme Court in a
decision handed down after the General Assembly adjourned
ruled that injunctive relief was not available in an appeal of
a decision by the Georgia Public Service Commission.
Ill
APPELLATE COURTS
SUPREME COURT OF GEORGIA
As of February 1, 1985
HAROLD N. HILL, JR.........................................Chief Justice
THOMAS O. MARSHALL.....................................Presiding Justice
HAROLD G. CLARKE...............................................Justice
GEORGE T. SMITH................................................Justice
HARDY GREGORY, JR..............................................Justice
CHARLES L. WELTNER.............................................Justice
RICHARD BELL...................................................Justice
JOLINE BATEMAN WILLIAMS...................................Clerk
HAZEL E. HALLFORD..................................Deputy Clerk
WM. SCOTT HENWOOD......................................Reporter
JOHN B. TUCKER.................................Assistant Reporter
COURT OF APPEALS OF GEORGIA
As of February 1, 1985
HAROLD R. BANKE............................................Chief Judge
BRASWELL D. DEEN, JR.............................Presiding Judge
WILLIAM LeROY McMURRAY, JR.......................Presiding Judge
A.W. BIRDSONG, JR................................Presiding Judge
GEORGE H. CARLEY...........................................Judge
JOHN W. SOGNIER............................................Judge
MARION T. POPE, JR.........................................Judge
ROBERT BENHAM..............................................Judge
DOROTHY TOTH BEASLEY......................................Judge
ALTON HAWK..........................................Clerk
VICTORIA MEDCALF..............................Deputy Clerk
WM. SCOTT HENWOOD................................Reporter
JOHN B. TUCKER............................Assistant Reporter
SUPERIOR COURTS
JUDGES, DISTRICT ATTORNEYS, AND CALENDAR
As of February 1, 1985
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
AtkinsonFirst Monday in April and October
BerrienFirst Monday in February and August
ClinchThird Monday in March and September
CookSecond Monday in January and July
LanierFourth Monday in April and October
IV
ALCOVY CIRCUIT
HONS. THOMAS W. RIDGWAY, Chief Judge, Walton County Courthouse
GREELEY ELLIS, Judge, Newton County Courthouse
JOHN T. STRAUSS, D.A., Newton County Courthouse
NewtonSecond and third Mondays in January, April, July and October
WaltonFirst and second Monday in February, May, August and November
APPALACHIAN CIRCUIT
HONS. BOBBY C. MILAM, Judge, Fannin County Courthouse
ROGER GLENN QUEEN, D.A., Fannin County Courthouse
FanninSecond Monday in March and November; first Monday in June
GilmerSecond Monday in February and October; first Monday in May
PickensSecond Monday in January, April and September
ATLANTA CIRCUIT
HONS. JOHN S. LANGFORD, Chief Judge, Fulton County Courthouse
OSGOOD O. WILLIAMS, Judge, Fulton County Courthouse
LUTHER ALVERSON, Judge, Fulton County Courthouse
SAM PHILLIPS McKENZIE, Judge, Fulton County Courthouse
JOEL J. FRYER, Judge, Fulton County Courthouse
RALPH H. HICKS, Judge, Fulton County Courthouse
FRANK M. ELDRIDGE, Judge, Fulton County Courthouse
WILLIAM W. DANIEL, Judge, Fulton County, Courthouse
ISAAC JENRETTE, Judge, Fulton County Courthouse
CLARENCE COOPER, Judge, Fulton County Courthouse
PHILIP F. ETHERIDGE, Judge, Fulton County Courthouse
LEWIS R. SLATON, D.A., Fulton County Courthouse
FultonFirst Monday in January, March, May, July, September and November
ATLANTIC CIRCUIT
HONS. JOHN R. HARVEY, Chief Judge, Bryan County Courthouse
JAMES EMORY FINDLEY, Judge, Tattnall County Courthouse
DAVID L. CAVENDER, Judge, Liberty County Courthouse
DUPONT KIRK CHENEY, D.A., Liberty County Courthouse
BryanThird Monday in March; first Monday in November
EvansFirst Monday in February and August
LibertyThird Monday in February and September
LongFirst Monday in March; third Monday in August
McIntoshFourth Monday in February and May; second Monday in September;
first Monday in December
TattnallThird Monday in April and October
AUGUSTA CIRCUIT
HONS. WILLIAM M. FLEMING, JR., Presiding Judge, Richmond County Courthouse
FRANKLIN H. PIERCE, Judge, Richmond County Courthouse
ALBERT McELVEEN PICKETT, Judge, Richmond County Courthouse
BERNARD J. MULHERIN, SR., Judge, Richmond County Courthouse
SAM SIBLEY, JR., D.A., Richmond County Courthouse
BurkeSecond Monday in May and November
ColumbiaFourth Monday in March and September
RichmondThird Monday in January, March, May, July, September and November
V
BLUE RIDGE CIRCUIT
HONS. FRANK C. MILLS, III, Chief Judge, Cherokee County Courthouse
RICHARD S. (STAN) GAULT, Judge, Forsyth County Courthouse
RAFE BANKS, D.A., Forsyth County Courthouse
CherokeeSecond Monday in January, May and September
ForsythFourth Monday in March and July; second Monday in November
BRUNSWICK CIRCUIT
HONS. GORDON KNOX, JR., Chief Judge, Jeff Davis County Courthouse
WILLIAM R. KILLIAN, Judge, Glynn County Courthouse
A. BLENN TAYLOR, JR., Judge, Glynn County Courthouse
GLENN THOMAS, JR., D.A., Wayne County Courthouse
ApplingSecond and third Monday in February, third and fourth Monday in Octo-
ber
CamdenFirst Monday in April and November
GlynnSecond Monday in January, May and September
Jeff DavisFirst and second Monday in March; fourth Monday in September; first
Monday in October
WayneThird and fourth Monday in April and November
CHATTAHOOCHEE CIRCUIT
HONS. JOHN H. LAND, Presiding Judge, Muscogee County Courthouse
E. MULLINS WHISNANT, Judge, Muscogee County Courthouse
KENNETH B. FOLLOWILL, Judge, Muscogee County Courthouse
RUFE E. McCOMBS, Judge, Muscogee County Courthouse
WILLIAM J. (BILL) SMITH, D.A., Muscogee County Courthouse
ChattahoocheeFourth Monday in March and September
HarrisSecond Monday in January, May and September
MarionFourth Monday in April and October
MuscogeeFirst Monday in February, April, June, August, October and December
TalbotSecond Monday in March and November; third Monday in August
TaylorSecond Monday in February, June and October
CHEROKEE CIRCUIT
HONS. JERE F. WHITE, Chief Judge, Bartow County Courthouse
TOM POPE, Judge, Gordon County Courthouse
DARRELL E. WILSON, D.A., Gordon County Courthouse
BartowFirst Monday in February and August; fourth Monday in April; Third
Monday in October
GordonFirst Monday in March, June and December; second Monday in September
CLAYTON CIRCUIT
HONS. JOE C. CRUMBLEY, Chief Judge, Clayton County Courthouse
WILLIAM H. "BILL ISON, Judge, Clayton County Courthouse
STEPHEN E. BOSWELL, Judge, Clayton County Courthouse
ROBERT E. KELLER, D.A., Clayton County Courthouse
ClaytonFirst Monday in February, May, August and November
VI
COBB CIRCUIT
HONS. WATSON L. WHITE, Chief Judge, Cobb County Courthouse
GRANT BRANTLEY, Judge, Cobb County Courthouse
DOROTHY A. ROBINSON, Judge, Cobb County Courthouse
HARRIS HINES, Judge, Cobb County Courthouse
GEORGE H. KREEGER, Judge, Cobb County Courthouse
TOM CAUTHORN, Judge, Cobb County Courthouse
TOM CHARRON, D.A., Cobb County Courthouse
CobbSecond Monday in January, March, May, July, September and November
CONASAUGA CIRCUIT
HONS. COY H. TEMPLES, Chief Judge, Whitfield County Courthouse
CHARLES A. PANNELL, JR., Judge, Murray County Courthouse
WILLIAM T. BOYETT, Judge, Whitfield County Courthouse
JACK PARTAIN, D.A., Whitfield County Courthouse
MurraySecond Monday in February and August
WhitfieldSecond Monday in January and July
CORDELE CIRCUIT
HONS. WHITFIELD R. FORRESTER, Chief Judge, Crisp County Courthouse
G. MALLON FAIRCLOTH, Judge, Crisp County Courthouse
GARY C. CHRISTY, D.A., Dooly County Courthouse
Ben HillSecond and third Monday in January; first and second Monday in April;
third and fourth Monday in June; and third and fourth Monday in September
and Monday following.
CrispThird and fourth Monday in February and Monday following; second, third,
and fourth Monday in May and November; second and third Monday in August.
DoolyFourth Monday in January; and Monday following the third and fourth
Monday in April, July and October.
WilcoxSecond and third Mondays in March; fourth Monday in August and Mon-
day 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
CarrollFirst Monday in April and October
CowetaFirst Monday in March; first Tuesday in September
HeardThird Monday in March and September
MeriwetherThird Monday in February, May, August and November
TroupFirst Monday in February, May, August and November
DOUGHERTY CIRCUIT
HONS. ASA D. KELLEY, JR., Chief Judge, Dougherty County Courthouse
LEONARD FARKAS, Judge, Dougherty County Courthouse
HOBART M. HIND, D.A., Dougherty County Courthouse
DoughertySecond Monday in January, March, May, July, September and Novem-
ber
VII
DOUGLAS CIRCUIT
HONS. ROBERT J. NOLAND, Chief Judge, Post 1, Douglas County Courthouse
ROBERT J. "BOB JAMES, Judge, Post 2, Douglas County Courthouse
FRANK C. WINN, D.A., Douglas County Courthouse
DouglasThird Monday in 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
JohnsonThird Monday in March, June, September and December
LaurensFourth Monday in January, April, July and October
TreutlenThird Monday in February and August
TwiggsSecond Monday in January, April, July and October
EASTERN CIRCUIT
HONS. FRANK S. CHEATHAM JR., Chief Judge, Chatham County Courthouse
EUGENE H. GADSDEN, Judge, Chatham County Courthouse
PERRY BRANNEN, JR., Judge, Chatham County Courthouse
JAMES HEAD, Judge, Chatham County Courthouse
SPENCER LAWTON, JR., D.A., Chatham County Courthouse
ChathamFirst Monday in March, June, September and December
FLINT CIRCUIT
HONS. SAM L. WHITMIRE, Chief Judge, Lamar County Courthouse
WILLIAM H. (HAL) CRAIG, Judge, Henry County Courthouse
E. BYRON SMITH, D.A., Lamar County Courthouse
ButtsFirst and second Monday in February and November; first Monday in May;
third and fourth Monday in August
HenrySecond, third and fourth Monday in January, April, July and October
LamarFirst and second Monday in March, June and December; second and third
Monday in September
MonroeThird and fourth Monday in February, May and November; first and
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
FayetteFirst Monday in March; second Monday in September
PikeThird Monday in April and November
SpaldingFirst Monday in February, June and October
UpsonThird Monday in March and August; first Monday in November
VIII
GWINNETT CIRCUIT
HONS. REID MERRITT, Chief Judge, Gwinnett County Courthouse
HOMER M. STARK, Judge, Gwinnett County Courthouse
DAWSON JACKSON, Judge, Gwinnett County Courthouse
JAMES A. HENDERSON, Judge, Gwinnett County Courthouse
TOM LAWLER, D.A., Gwinnett County Courthouse
GwinnettFirst Monday in January, March, May, July and November; second
Monday in September
HOUSTON CIRCUIT
HONS. WILLIS HUNT, JR., Judge, Houston County Courthouse
THERON FINLAYSON, D.A., Houston County Courthouse
HoustonFirst Monday in January, March, May, July, September and November
LOOKOUT MOUNTAIN CIRCUIT
HONS. JOSEPH E. "BO LOGGINS, Chief Judge, Chattooga County Courthouse
GARY B. ANDREWS, Judge, Walker County Courthouse
JOE B. TUCKER, Judge, Catoosa County Courthouse
DAVID L. (RED) LOMENICK, JR., D.A., Walker County Courthouse
CatoosaFirst Monday in March; second Monday in September
ChattoogaFirst Monday in February and August
Dade:First Monday in April; second Monday in October
WalkerFirst Monday in May and November
MACON CIRCUIT
HONS. C. CLOUD MORGAN, Chief Judge, Bibb County Courthouse
WALKER P. JOHNSON, JR., Judge, Bibb County Courthouse
TOMMY DAY WILCOX, Judge, Bibb County Courthouse
BRYANT CULPEPPER, Judge, Peach County Courthouse
WILLIS SPARKS, D.A., Bibb County Courthouse
BibbFirst Monday in February, April, June, August, October and December
CrawfordThird and fourth Monday in March and October
PeachFirst and second Monday in March and August; third and fourth Monday
in November
MIDDLE CIRCUIT
HONS. WALTER C. McMILLAN, JR., Chief Judge, Washington County Courthouse
MARVIN B. HARTLEY, JR., Judge, Toombs County Courthouse
RICHARD A. MALONE, D.A., Emanuel County Courthouse
CandlerFirst and second Monday in February and August
EmanuelSecond Monday in January, April, July and October
JeffersonSecond Monday in May and November
ToombsFourth Monday in February, May, August and November
WashingtonFirst Monday in March, June, September and December
IX
MOUNTAIN CIRCUIT
HONS. JACK N. GUNTER, Presiding Judge, Habersham County Courthouse
ROBERT B. STRUBLE, Judge, Stephens County Courthouse
MIKE CRAWFORD, D.A., Habersham County Courthouse
HabershamFirst Monday in January and August; fourth Monday in April
RabunThird Monday in February; fourth Monday in May and October
StephensSecond Monday in January; third Monday in May; first Monday in Sep-
tember
TownsFirst Monday in April and November
UnionFourth Monday in February; second Monday in September
NORTHEASTERN CIRCUIT
HONS. A.R. (DICK) KENYON, Chief Judge, Hall County Courthouse
J.D. SMITH, Judge, Hall County Courthouse
BRUCE UDOLF, D.A., Hall County Courthouse
DawsonFirst Monday in February and August
HallFirst Monday in May and November; second Monday in January, March,
July and September
LumpkinFourth Monday in February and August
WhiteFirst Monday in April and October
NORTHERN CIRCUIT
HONS. WILLIAM F. GRANT, Chief Judge, Elbert County Courthouse
GEORGE H. BRYANT, Judge, Hart County Courthouse
LINDSAY A. TISE, JR., D.A., Hart County Courthouse
ElbertThird Monday in January; fourth Monday in July
FranklinThird Monday in March and September
HartThird Monday in February and August
MadisonThird Monday in April and October
OglethorpeThird Monday in May and November
OCMULGEE CIRCUIT
HONS. JOSEPH B. DUKE, Chief Judge, Baldwin County Courthouse
HUGH P. THOMPSON, Judge, Putnam County Courthouse
WILLIAM A. PRIOR, JR., Judge, Morgan County Courthouse
JOE BRILEY, D.A., Jones County Courthouse
BaldwinSecond Monday in January, April, July and October
GreeneFourth Monday in January, April, August, and November
HancockFourth Monday in March and September; second Monday in June and
December
JasperSecond Monday in February, May, August and November
JonesFirst Monday in February and August; third Monday in April and October
MorganFirst Monday in March, June, September and December
PutnamThird Monday in March, June, September and December
WilkinsonFirst Monday in January, April, July and October
X
OCONEE CIRCUIT
HONS. HUGH LAWSON, Chief Judge, Pulaski County Courthouse
PHILLIP R. WEST, Judge, Dodge County Courthouse
JIM WIGGINS, D.A., Dodge County Courthouse
BleckleyFirst Monday in March; second Monday in July and November
DodgeThird Monday in February, May, August and November
MontgomeryFirst Monday in February, May, August and November
PulaskiSecond and third Monday in March and September; second Monday in
June and December
TelfairFourth Monday in February and June; third and fourth Monday in October
WheelerSecond Monday in February and October; third Monday in June
OGEECHEE CIRCUIT
HONS. FAYE SANDERS MARTIN, Chief Judge, Bulloch County Courthouse
WILLIAM J. NEVILLE, Judge, Bulloch County Courthouse
J. LANE JOHNSTON, D.A., Bulloch County Courthouse
BullochFirst Monday in February, May, August and November
EffinghamFirst Monday in June; and December
JenkinsFirst Monday in March and September
ScrevenSecond Monday in January; first Monday in April, July and October
PATAULA CIRCUIT
HONS. PHILLIP SHEFFIELD, Presiding Judge, Early County Courthouse
LOWREY S. STONE, Judge, Early County Courthouse
CHARLES M. FERGUSON, D.A., Randolph County Courthouse
ClayThird Monday in March and November
EarlyThird Monday in January and July
MillerFourth Monday in February and October
QuitmanFourth Monday in March and September
RandolphFirst Monday in May and November
SeminoleSecond Monday in April and October
TerrellFirst Monday in June and December
PIEDMONT CIRCUIT
HONS. JAMES L. "JIM BROOKS, Judge, Jackson County Courthouse
TIM MADISON, D.A., Barrow County Courthouse
BanksFirst and second Monday in April and October
BarrowFirst and second Monday in February and August; first Monday in May
and November
JacksonFirst and second Monday in March; second and third Monday in Septem-
ber
ROCKDALE CIRCUIT
HONS. CLARENCE VAUGHN, Judge, Rockdale County Courthouse
ROBERT F. MUMFORD, D.A., Rockdale County Courthouse
RockdaleFirst Monday in January, April, July and October
XI
ROME CIRCUIT
HONS. ROBERT L. ROYAL, Presiding Judge, Floyd County Courthouse
JOHN A. FRAZIER, Judge, Floyd County Courthouse
ROBERT G. WALTHER, Judge, Floyd County Courthouse
STEVE LANIER, D.A., Floyd County Courthouse
FloydSecond Monday in January, March, July and September; first Monday in
May and November
SOUTH GEORGIA CIRCUIT
HONS. A. WALLACE CATO, Chief Judge, Decatur County Courthouse
WILLARD H. CHASON, Judge, Grady County Courthouse
J. BROWN MOSELEY, D.A., Decatur County Courthouse
BakerThird Monday in January and July
CalhounLast Monday in May and November
DecaturFirst Monday in February, May, August and November
GradyThird Monday in March and September
MitchellSecond Monday in January and July; third Monday in April and October
SOUTHERN CIRCUIT
HONS. GEORGE A. HORKAN, JR., Chief Judge, Colquitt County Courthouse
ROY MILLER LILLY, Judge, Thomas County Courthouse
H. ARTHUR McLANE, Judge, Lowndes County Courthouse
H. LAMAR COLE, D.A., Lowndes County Courthouse
BrooksFirst Monday in April and November
ColquittFirst Monday in February and August
EcholsFirst Monday in February and August
LowndesFirst Monday in March and the first Tuesday immediately following
the first Monday in September
ThomasFirst Monday in April and October
SOUTHWESTERN CIRCUIT
HONS. WILLIAM F. BLANKS, Presiding Judge, Sumter County Courthouse
THAD GIBSON, Judge, Sumter County Courthouse
JOHN R. PARKS, D.A., Sumter County Courthouse
LeeFourth Monday in April and October
MaconSecond Monday in May and November
SchleySecond Monday in February and August
StewartThird Monday in March and September
SumterFourth Monday in February, May and August; Monday following the
fourth Thursday in November
WebsterSecond Monday in January and July
STONE MOUNTAIN CIRCUIT
HONS. CURTIS V. TILLMAN, Chief Judge, DeKalb County Courthouse
HILTON FULLER, Judge, DeKalb County Courthouse
JAMES H. (JIM) WEEKS, Judge, DeKalb County Courthouse
DAN COURSEY, Judge, DeKalb County Courthouse
CAROL W. HUNSTEIN, Judge, DeKalb County Courthouse
ROBERT JOSEPH CASTELLANI, Judge, DeKalb County Courthouse
CLARENCE F. "CHUCK SEELIGER, Judge, DeKalb County Courthouse
BOB WILSON, D.A., DeKalb County Courthouse
DeKalbFirst Monday in January, March, May, July, September and November
XII
TALLAPOOSA CIRCUIT
HONS. DAN P. WINN, Chief Judge, Polk County Courthouse
ARTHUR W. FUDGER, Judge, Paulding County Courthouse
W.A. (BILL) FOSTER, III, D.A., Paulding County Courthouse
HaralsonSecond Monday in April and September; first Monday in December
PauldingFirst Monday in February; third Monday in May and October
PolkSecond Monday in January; fourth Monday in April and September
TIFTON CIRCUIT
HONS. W. J. FOREHAND, Chief Judge, Tift County Courthouse
JOHN D. CROSBY, Judge, Tift County Courthouse
DAVID E. PERRY, D.A., Tift County Courthouse
IrwinThird and fourth Monday in February; second and third Monday in May
and November
TiftFirst Monday in March and September; first and second Monday in June
and December
TurnerSecond and third Monday in January and July; second Monday in April
and October
WorthFourth Monday in January, April, July and October
TOOMBS CIRCUIT
HONS. ROBERT L. STEVENS, Chief Judge, McDuffie County Courthouse
E. PURNELL DAVIS, Judge, Warren County Courthouse
DENNIS SANDERS, D.A., McDuffie County Courthouse
GlascockThird Monday in February, May, August and November
LincolnFourth Monday in January and July; third Monday in April and October
McDuffieSecond Monday in March, June, September and December
TaliaferroFourth Monday in February, May, August and November
WarrenThird Monday in January; first Monday in April, July and October
WilkesFirst Monday in February, May, August and November
WAYCROSS CIRCUIT
HONS. ELIE L. HOLTON, Chief Judge, Coffee County Courthouse
CLARENCE D. BLOUNT, Judge, Ware County Courthouse
JOSEPH B. NEWTON, Judge, Ware County Courthouse
DONNIE DIXON, D.A., Ware County Courthouse
BaconFourth Monday in May and November
BrantleyFirst Monday in February; first Tuesday in September
CharltonFourth Monday in February and September
CoffeeThird Monday in March and October
PierceFirst Monday in May; second Monday in December
WareSecond Monday in April and November
WESTERN CIRCUIT
HONS. JAMES BARROW, Chief Judge, Clarke County Courthouse
JOSEPH J. GAINES, Judge, Clarke County Courthouse
HARRY N. GORDON, D.A., Clarke County Courthouse
ClarkeSecond Monday in January, April, July and October
OconeeSecond Monday in March and September
INDEX
XIII
TABULAR INDEX
PROPOSED AMENDMENTS TO THE CONSTITUTION
No amendments to the Constitution were proposed at the 1985 regular session.
OFFICIAL CODE OF GEORGIA ANNOTATED
Code Section 1-3-1; amended .......................................................648
Code Section 1-3-4; amended .......................................................984
Code Section 1-3-4.1; enacted......................................................984
Code Section 1-4-6; enacted .........................................................658
Code Section 2-2-10; amended........................................................1444
Code Section 2-7-102; amended........................................................149
Code Section 2-7-130; amended........................................................149
Code Sections 2-7-150 through 2-7-158; enacted.....................................1079
Code Section 2-9-33; amended.........................................................643
Code Section 2-9-34; amended.........................................................643
Code Section 2-9-35; amended.........................................................643
Code Section 3-2-33; amended........................................................1118
Code Section 3-3-1; amended........................................................ 1118
Code Section 3-3-2.1; enacted.......................................................1398
Code Section 3-3-3; amended.........................................................1118
Code Section 3-3-7; amended ...................................................149, 1000
Code Section 3-3-20; amended.......................................................1508
Code Section 3-3-23; amended ..................................................753, 782
Code Section 3-3-23.1; amended ................................................753, 782
Code Section 3-4-41; amended.........................................................149
Code Section 3-4-60; amended ..................................................662, 665
Code Sections 3-4-150 through 3-4-153; redesignation...............................149
Code Section 3-6-21.1; amended .....................................................1403
Code Section 3-6-29; enacted ........................................................979
Code Section 3-6-50; amended ..................................................662, 665
Code Sections 3-6-150 through 3-6-153; redesignation...............................149
Code Section 4-4-95.1; enacted.......................................................704
Code Section 4-4-113; amended........................................................149
Code Section 4-6-10; amended.........................................................704
Code Section 4-10-7.2; redesignation ................................................149
Code Section 5-5-51; enacted .....................................................1312
Code Section 6-3-21; amended......................................................1649
Code Section 7-1-4; amended .........................................................258
Code Section 7-1-37; amended.......................................................149
Code Section 7-1-91; amended.......................................................258
Code Section 7-1-237; amended.................................................. 1467
Code Section 7-1-239; amended...................................................1241
Code Section 7-1-239.1; enacted ....................................................1241
Code Section 7-1-241; amended....................................................258
Code Section 7-1-280; amended....................................................258
Code Section 7-1-590; amended....................................................246
Code Section 7-1-606; amended...................................................1506
Code Section 7-1-608; amended....................................................246
Code Section 7-1-623; amended....................................................149
XIV
INDEX
Code Section 7-1-651; amended..........................................................823
Code Section 7-1-652; amended..........................................................823
Code Section 7-1-681; amended.........................................................1131
Code Section 7-2-9; amended .......................................................... 149
Code Section 7-2-11; amended...........................................................149
Code Section 7-3-6; amended ...........................................................249
Code Section 7-4-3; amended ...........................................................698
Code Section 8-2-101; amended..........................................................221
Code Section 8-2-104; amended..........................................................221
Code Section 8-2-109; amended....................................................... .221
Code Section 8-2-109.1; redesignation .................................................149
Code Section 8-2-110; redesignation....................................................149
Code Section 8-2-217; amended..........................................................149
Code Section 8-3-171; amended..........................................................149
Code Section 8-3-172; amended..........................................................818
Code Section 8-3-172; amended.........................................................1121
Code Section 8-3-180; amended.........................................................1121
Code Section 8-3-190.1; amended .......................................................818
Code Section 9-2-61; amended..........................................................1446
Code Section 9-3-71; amended ..........................................................556
Code Section 9-3-72; amended...........................................................556
Code Section 9-10-14; enacted .........................................................883
Code Section 9-10-34; amended..........................................................149
Code Section 9-10-151; amended........................................................1406
Code Section 9-11-6; amended...........................................................648
Code Section 9-11-17; amended..........................................................656
Code Section 9-11-41; amended..........................................................546
Code Section 9-13-8; amended..........................................................1243
Code Section 9-13-143; amended........................................................1042
Code Section 9-14-45; amended..........................................................283
Code Section 9-14-46; amended..........................................................283
Code Section 9-14-53; amended......................................................7. .283
Code Section 9-15-2; amended..........................................................1256
Code Section 10-1-16; enacted ........................................................ 251
Code Section 10-1-32; amended..........................................................698
Code Section 10-1-33; amended........................................................ 698
Code Section 10-1-36.1; enacted........................................................698
Code Sections 10-1-250 through 10-1-256; enacted ....................................458
Code Section 10-1-392; amended.........................................................938
Code Section 10-1-393; amended.............................................149, 938, 1183
Code Section 10-1-399; amended.........................................................642
Code Section 10-1-410; amended.........................................................149
Code Section 10-1-416; amended.........................................................947
Code Sections 10-1-680 through 10-1-689; enacted.....................................1341
Code Section 10-4-10; amended..........................................................645
Code Section 10-4-12; amended..........................................................645
Code Section 10-4-14; amended......................................................... 645
Code Section 10-5-3; amended......................................................149
Code Section 10-5-9; amended......................................................149
Code Section 10-9-5; amended......................................................224
Code Section 10-9-6; amended..................................................... 149
Code Section 10-9-15; amended..........................................................149
INDEX
XV
Code Section 10-9-21; amended.............................................................149
Code Section 11-1-201; amended............................................................825
Code Section 11-4-106; amended........................................................... 825
Code Section 11-9-310; amended......................................................... 1107
Code Section 11-9-402; amended...........................................................1517
Code Section 11-9-403; amended....................................~..................1517
Code Section 12-2-1; amended............................................................ 1465
Code Section 12-2-2; amended.............................................................1465
Code Section 12-3-52; amended.............................................................906
Code Section 12-3-53; amended.............................................................906
Code Section 12-3-54; amended.............................................................906
Code Sections 12-3-80 through 12-3-83; enacted .........................................906
Code Section 12-3-193; amended ......................................................149, 465
Code Section 12-3-194.1; enacted .......................................................448
Code Sections 12-3-470 through 12-3-484; enacted..........................................801
Code Sections 12-3-500 through 12-3-502; enacted..........................................700
Code Sections 12-3-500 through 12-3-504; enacted....................................... 1110
Code Section 12-4-75; amended.............................................................879
Code Section 12-4-143; amended...........................................................1075
Code Sections 12-5-120 through 12-5-138; amended and reenacted .........................1192
Code Section 12-5-282; amended...........................................................1465
Code Section 12-5-376.1; amended ...................................................... 149
Code Section 12-6-23; enacted............................................................1077
Code Section 12-7-8; amended.............................................................1224
Code Section 12-7-15; amended.........................................................1224
Code Section 12-7-17; amended.........................................................1224
Code Section 12-8-62; amended..........................................................266
Code Section 12-8-64; amended..........................................................266
Code Section 12-8-66; amended..........................................................266
Code Section 12-8-68; amended..........................................................266
Code Section 12-8-71; amended..........................................................266
Code Section 12-8-75; amended..........................................................266
Code Section 12-8-80; repealed ....................................................... 266
Code Section 12-8-82; amended..........................................................266
Code Section 12-8-83; enacted .........................................................266
Code Section 13-10-2; enacted ........................................................1043
Code Section 14-2-86; amended.........................................................1302
Code Section 14-2-98; amended........................................................ 1302
Code Section 14-2-111; amended...........................................................1302
Code Section 14-2-112; amended...........................................................1302
Code Section 14-2-141; amended...........................................................1302
Code Section 14-2-152; amended...........................................................1302
Code Section 14-2-212; amended.......................................................... 1302
Code Section 14-2-231; amended...........................................................1302
Code Sections 14-2-232 through 14-2-235; enacted .........................................527
Code Section 14-2-394; enacted...........................................................1281
Code Section 14-8-10A; amended ..........................................................1436
Code Section 14-8-31; amended.........................................................1436
Code Section 14-8-33; amended.........................................................1436
Code Section 14-8-34; amended.........................................................1436
Code Section 14-8-38; amended.........................................................1436
Code Section 14-8-41; amended.........................................................1436
XVI
INDEX
Code Section 14-8-42; amended...........................................................1436
Code Section 14-9-20; amended............................................................149
Code Section 14-10-13; amended...........................................................619
Code Section 15-1-9.1; amended ..........................................................245
Code Section 15-3-4; amended.............................................................149
Code Section 15-5-4; amended.............................................................149
Code Section 15-6-3; amended.............................................................281
Code Section 15-6-17; amended............................................................440
Code Section 15-6-25; amended............................................................434
Code Section 15-6-28; amended...........................................................1279
Code Section 15-6-28.1; amended .........................................................283
Code Section 15-6-34; enacted...........................................................1130
Code Section 15-6-67; amended.......................................................... 149
Code Section 15-6-88; amended.....................................................149, 549
Code Section 15-6-89; amended.......................................................... 149
Code Section 15-7-25; amended...........................................................1105
Code Section 15-7-45; amended...........................................................1511
Code Section 15-9-2; amended............................................................1247
Code Section 15-9-63; amended............................................................932
Code Section 15-9-64; amended............................................................932
Code Section 15-10-2; amended...........................................................1003
Code Section 15-10-2.1; amended .........................................................352
Code Section 15-10-20; amended ...................................................149, 636
Code Section 15-10-43; amended..........................................................627
Code Section 15-10-50; enacted....................................................636, 1003
Code Section 15-10-62; amended...........................................................149
Code Section 15-10-63; amended...........................................................149
Code Section 15-10-63.1; enacted ........................................................417
Code Section 15-10-131; amended.........................................................1416
Code Section 15-10-137; amended.........................................................1416
Code Section 15-11-2; amended ....................................................283, 1313
Code Section 15-11-3; amended............................................................149
Code Section 15-11-5; amended.......................................................... 149
Code Section 15-11-9; amended............................................................149
Code Section 15-11-20; amended..........................................................1313
Code Section 15-11-21; amended..........................................................1313
Code Section 15-11-56; amended...........................................................149
Code Section 15-12-1; amended............................................................512
Code Section 15-12-20; amended...................................................... .-887
Code Section 15-12-40; amended ...................................................149, 1511
Code Section 15-12-42; amended......................................................... 1511
Code Section 15-12-65; amended...........................................................149
Code Section 15-12-79; amended........................................................ 1053
Code Section 15-12-122; amended........................................................ 1511
Code Section 15-12-123; amended.........................................................1511
Code Section 15-12-125; amended.........................................................1511
Code Section 15-12-126; amended..................................,.,............... 1511
Code Section 15-16-20; amended...........................................................430
Code Section 15-16-20.1; amended ........................................................430
Code Section 15-18-17; amended...........................................................434
Code Section 15-18-44; amended...........................................................149
Code Section 15-19-2; amended............................................................149
INDEX
XVII
Code Section 15-21-4; amended......................................................149
Code Section 16-5-21; amended..................................................... 628
Code Section 16-5-24; amended......................................................628
Code Section 16-6-4; amended...........................................................283
Code Section 16-7-21; amended ....................................................484, 1491
Code Section 16-7-23; amended ....................................................484, 1491
Code Section 16-7-45; amended......................................................149
Code Section 16-7-61; amended......................................................149
Code Section 16-8-41; amended....................................................1036
Code Section 16-9-20; amended......................................................708
Code Section 16-9-52; amended......................................................149
Code Section 16-9-57; amended......................................................411
Code Section 16-9-110; enacted ...........................................................692
Code Section 16-10-22; amended...........................................................1184
Code Section 16-11-35; amended............................................................149
Code Section 16-11-62; amended............................................................149
Code Section 16-11-64; amended............................................................149
Code Section 16-11-65; amended............................................................149
Code Section 16-11-106; amended.......................................................... 425
Code Section 16-11-124; amended......................................................... 283
Code Section 16-11-130; amended...........................................................283
Code Section 16-12-20; amended............................................................437
Code Section 16-12-24; amended............................................................888
Code Section 16-12-30; amended............................................................888
Code Section 16-12-35; amended.......................................................... 886
Code Section 16-12-38; enacted ...........................................................437
Code Section 16-12-53; amended............................................................149
Code Section 16-12-141.1; enacted .......................................................1421
Code Section 16-13-1; amended.............................................................149
Code Section 16-13-4; amended............................................................1219
Code Section 16-13-21; amended............................................................149
Code Section 16-13-25; amended...........................................................1219
Code Section 16-13-26; amended...........................................................1219
Code Section 16-13-28; amended...........................................................1219
Code Section 16-13-30; amended ...........................................................149
Code Section 16-13-31; amended ...................................................149, 552
Code Section 16-13-32.1; amended .........................................................149
Code Section 16-13-41; amended ...................................................149, 1219
Code Section 16-13-43; amended.......................................................... 1219
Code Section 16-13-56; enacted...........................................................1219
Code Section 16-13-71; amended...........................................................1219
Code Section 16-13-78.1; enacted ........................................................1219
Code Section 16-13-78.2; enacted ...................................................... 1219
Code Section 16-14-5; amended.............................................................149
Code Section 17-4-40; amended............................................................1105
Code Section 17-5-21; amended............................................................1105
Code Section 17-6-1; amended..............................................................416
Code Section 17-6-72; amended.............................................................982
Code Section 17-7-130.1; enacted .........................................................637
Code Section 17-7-131; amended ...................................................283, 637
Code Section 17-7-170; amended........................................................... 637
Code Section 17-8-29; amended.....................................................1406
XVIII
INDEX
Code Section 17-8-54; renumbered.................................,....................1190
Code Section 17-8-54; enacted ........................................................ 1190
Code Section 17-8-55; renumbered.......................................................1190
Code Section 17-8-55; enacted ........................................................ 1190
Code Section 17-10-1.1; enacted.........................................................739
Code Section 17-10-1.2; enacted........................................................ 739
Code Section 17-10-3; amended...........................................................283
Code Section 17-10-4; amended...........................................................283
Code Section 17-10-10; amended..........................................................283
Code Section 17-10-12; amended......................................................... 283
Code Section 17-10-34; amended.........................................................1463
Code Section 17-10-38; amended..........................................................283
Code Section 17-10-40; amended.........................................................1463
Code Section 17-10-44; amended..........................................................283
Code Section 17-14-2; amended...........................................................283
Code Section 17-14-13; amended..........................................................231
Code Section 17-14-30; amended..........................................................283
Code Section 18-4-20; amended...............................................149, 785, 1632
Code Section 18-4-66; amended..........................................................1632
Code Section 18-4-97; amended......................................................... 1632
Code Section 18-4-110; amended....................................................... 1632
Code Section 18-4-118; amended....................................................... 1632
Code Sections 18-4-130 through 18-4-135; enacted .....................................785
Code Section 19-6-2; amended............................................................877
Code Section 19-6-19; amended...........................................................279
Code Sections 19-6-28 through 19-6-30; enacted .......................................785
Code Section 19-7-22; amended...........................................................279
Code Section 19-7-43; amended...........................................................279
Code Section 19-11-6; amended...........................................................785
Code Section 19-11-7; amended...........................................................785
Code Section 19-11-8; amended...........................................................785
Code Section 19-11-20; amended..........................................................785
Code Sections 19-11-25 and 19-11-26; enacted..........................................785
Code Section 19-11-53; amended..........................................................785
Code Section 19-13-3; amended........................................................ 983
Code Section 19-13-6; enacted ..........................................................905
Code Section 20-1-5; enacted ...........................................................447
Code Title 20, Chapter 2, Article 6; replaced ........................................1657
Code Section 20-2-37; repealed ........................................................1657
Code Section 20-2-38; repealed ........................................................1657
Code Section 20-2-54.1; amended ........................................................149
Code Section 20-2-56; repealed ........................................................1657
Code Section 20-2-57; amended...........................................................467
Code Section 20-2-61; repealed ....................................................... 1657
Code Sections 20-2-130 through 20-2-308; revised and enacted...........................1657
Code Section 20-2-180; amended..........................................................708
Code Section 20-2-250; amended..........................................................149
Code Section 20-2-299; amended..........................................................283
Code Sections 20-2-320 through 20-2-331; enacted.................................1657
Code Section 20-2-411; amended..........................................................149
Code Section 20-2-520; amended..........................................................149
Code Section 20-2-624; amended..........................................................149
INDEX
XIX
Code Section 20-2-670; repealed ....................................................1657
Code Section 20-2-671; repealed ....................................................1657
Code Section 20-2-690; amended......................................................149
Code Section 20-2-720; repealed ................................................... 1657
Code Section 20-2-753; amended..................................................... 149
Code Section 20-2-754; amended......................................................149
Code Section 20-2-757; amended......................................................149
Code Section 20-2-772; amended..................................................... 424
Code Section 20-2-798; amended.....................................................1515
Code Section 20-2-920; amended......................................................149
Code Section 20-2-922; amended......................................................149
Code Section 20-2-941; repealed ....................................................1657
Code Section 20-2-982; amended........................................................149
Code Section 20-2-986; amended......................................................149
Code Section 20-2-1030; repealed .....................................................1657
Code Section 20-2-1031; repealed .............................;..................... 1657
Code Section 20-2-1032; repealed ......................................................1657
Code Section 20-2-1094; amended........................................................ 149
Code Section 20-3-82; enacted .........................................................1654
Code Section 20-3-131; amended..........................................................149
Code Section 20-3-411; amended..........................................................283
Code Section 20-3-412; amended......................................................... 550
Code Section 20-3-475; amended..........................................................450
Code Section 20-3-513; amended .................................................283, 1122
Code Section 20-3-514; amended.............................................,..........1122
Code Section 20-4-62; amended...........................................................990
Code Section 20-4-63; amended......................................................... 990
Code Section 20-4-72; amended...........................................................990
Code Section 20-4-79; amended...........................................................990
Code Section 20-4-100; amended..........................................................149
Code Section 20-5-48; amended...........................................................149
Code Section 20-5-49; amended...........................................................149
Code Section 20-5-54; amended.......................................................... 149
Code Sections 20-11-1 through 20-11-6; amended........................................149
Code Section 20-11-7; amended...........................................................149
Code Section 21-2-5; amended............................................................496
Code Section 21-2-34; amended...........................................................496
Code Section 21-2-132; amended..........................................................496
Code Section 21-2-134; amended.........................................................1430
Code Section 21-2-139; amended..........................................................496
Code Section 21-2-153; amended ...................................................206, 496
Code Section 21-2-154; amended..........................................................496
Code Section 21-2-155; amended.........................................................1430
Code Section 21-2-212; amended .................................................1236, 1318
Code Section 21-2-213; amended......................................................496
Code Section 21-2-217; amended ...................................................206, 632
Code Section 21-2-218; amended ...................................................206, 496
Code Section 21-2-227; amended..........................................................496
Code Section 21-2-228; amended..........................................................496
Code Section 21-2-231; amended..........................................................632
Code Section 21-2-232.2; repealed...................................................... 496
Code Section 21-2-233; amended..........................................................496
XX
INDEX
Code Section 21-2-238; amended.........................................................206
Code Section 21-2-240; amended.........................................................206
Code Section 21-2-270; enacted........................................................1316
Code Section 21-2-359; amended........................................................ 206
Code Section 21-2-381; amended.........................................................632
Code Section 21-2-384; amended .............................................206, 496, 632
Code Section 21-2-385; amended.........................................................496
Code Section 21-2-404; amended.........................................................206
Code Section 21-2-413; amended.........................................................496
Code Section 21-2-414; amended.........................................................632
Code Section 21-2-415; amended........................................................1328
Code Section 21-3-478; amended.........................................................283
Code Section 21-2-502; amended.........................................................206
Code Section 21-2-566; amended.........................................................206
Code Section 21-2-587; amended.........................................................206
Code Section 21-2-598; amended.........................................................283
Code Section 21-3-120; amended ................................................1236, 1318
Code Section 21-3-121; amended.........................................................496
Code Section 21-3-123; amended........................................................1318
Code Section 21-3-133; amended.........................................................206
Code Section 21-3-133.1; repealed......................................................496
Code Section 21-3-134; amended.........................................................496
Code Section 21-3-135; amended.........................................................496
Code Section 21-2-218; amended........................................................1318
Code Section 21-3-284; amended ..................................................206, 496
Code Section 21-3-285; amended.........................................................496
Code Section 21-3-320; amended.........................................................496
Code Section 21-3-321; amended ........................................................632
Code Section 21-3-322; amended........................................................1328
Code Section 21-3-466; amended.........................................................206
Code Section 21-3-476; repealed ......................................................1508
Code Section 21-5-5; amended...........................................................206
Code Section 21-5-5.1; amended ........................................................206
Code Section 24-9-61; amended..........................................................744
Code Section 24-9-61.1; enacted........................................................744
Code Section 24-9-102; amended.........................................................149
Code Section 24-10-27; amended.........................................................407
Code Section 24-10-60; amended........................................................ 283
Code Section 24-10-93; amended.........................................................283
Code Section 25-2-12; amended..........................................................721
Code Section 25-2-13; amended.........................................149, 869, 936, 1642
Code Section 25-3-21; amended.........................................................1493
Code Section 25-3-23; amended..........................................................149
Code Section 25-3-26; amended..........................................................149
Code Section 25-4-3; amended..........................................................1493
Code Section 25-4-6; amended..........................................................1493
Code Section 25-4-8; amended...........................................................283
Code Section 25-4-9; amended..........................................................1493
Code Section 25-4-31; amended.........................................................1493
Code Section 26-2-22; amended..........................................................149
Code Section 26-2-88; amended..........................................................149
Code Section 26-2-233; amended.........................................................149
INDEX
XXI
Code Section 26-2-370; amended................
Code Section 26-2-375; amended................
Code Section 26-3-8; amended .................
Code Section 26-4-50; amended.................
Code Section 26-4-111; amended................
Code Section 26-4-131; amended................
Code Section 26-4-143; amended................
Code Section 26-4-144; amended................
Code Section 26-4-146; amended................
Code Sections 26-5-2 through 26-5-18; amended .,
Code Section 27-1-2; amended .................
Code Section 27-1-6; amended .................
Code Section 27-1-36; amended.................
Code Section 27-1-37; amended.................
Code Section 27-2-23; amended ................
Code Section 27-2-25; amended.................
Code Section 27-2-25.1; amended...............
Code Section 27-3-73; amended.................
Code Section 27-4-113; amended.............
Code Section 27-4-170; amended................
Code Section 27-4-171; amended ...............
Code Section 27-4-193; amended................
Code Section 27-5-4; amended ....................
Code Section 27-5-5; amended..................
Code Section 27-5-8; amended..................
Code Section 27-5-9; amended..................
Code Section 27-5-11; enacted ................
Code Section 28-1-8; amended..................
Code Section 28-2-1; amended..................
Code Section 28-3-24; amended.....................
Code Section 28-4-2; amended...................
Code Section 28-4-8; repealed .................
Code Section 28-5-41; repealed ................
Code Section 28-5-42; amended..................
Code Section 28-5-43; repealed ..................
Code Section 28-5-60.1; enacted..................
Code Section 28-8-1; amended...................
Code Title 28, Chapter 9; enacted .............
Code Sections 28-9-1 through 28-9-4; enacted
Code Section 28-9-5; enacted ....................
Code Section 30-3-2; amended.....................
Code Section 30-3-3; amended ....................
Code Section 30-3-4; amended................
Cdde Section 30-3-5; amended ....................
Code Section 30-5-5; amended.....................
Code Section 31-3-2; amended.....................
Code Section 31-3-2.1; enacted...................
Code Section 31-3-4; amended.....................
Code Section 31-3-5; amended.......................
Code Section 31-5-10; enacted ...................
Code Section 31-6-21; amended....................
Code Section 31-6-21.1; enacted..................
...660
.. .660
... 149
___149
___149
___149
....149
....149
....149
....476
913,1047
.....691
.....149
......149
.913, 1047
......149
...149,894
.......149
......1047
......1047
......1047
.........149
_________913
.........913
........913
..........913
..........913
.........1055
........1472
............511
...........669
...........675
..........1331
...........1331
...........1331
.............900
..............283
.............1283
.............197
..............202
..............863
..........149,863
...............863
............149,863
................14?
................141
.................38
.................41
.................1-
..................3
..................I
\
. ............. , , , i
XXII
INDEX
Code Section 31-6-48; amended...........................................................149
Code Section 31-6-49; amended...........................................................149
Code Section 31-6-50; amended...........................................................149
Code Section 31-6-70; enacted ..........................................................827
Code Section 31-7-9; amended............................................................898
Code Section 31-7-12; amended...........................................................952
Code Section 31-7-22; amended...........................................................149
Code Section 31-7-57; amended...........................................................149
Code Section 31-7-94; amended........................................................ 149
Code Section 31-7-114; amended........................................................ 149
Code Section 31-7-118; amended..........................................................149
Code Section 31-7-120; amended..........................................................149
Code Section 31-7-131; amended..........................................................149
Code Section 31-7-133; amended .........................................................149
Code Section 31-7-153; amended......................................................... 149
Code Section 31-7-193; amended..........................................................149
Code Section 31-7-194; amended..........................................................149
Code Section 31-7-198; amended..........................................................149
Code Sections 31-7-250 through 31-7-264; enacted ......................................952
Code Section 31-8-1; amended............................................................149
Code Section 31-8-6; amended............................................................149
Code Section 31-8-8; amended ...........................................................149
Code Section 31-8-31; amended......................................................... 149
Code Sections 31-8-40 through 31-8-46; amended................ ........................829
Code Section 31-8-43.1; enacted.........................................................829
Code Section 31-8-106; amended..........................................................149
Code Section 31-8-114; amended..........................................................149
Code Section 31-8-116; amended..........................................................149
Code Section 31-8-125; amended..........................................................149
Code Section 31-8-126; amended..........................................................149
Code Section 31-10-15; amended.........................................................1417
Code Section 31-11-2; amended...........................................................149
Code Section 31-11-9; amended...........................................................149
Code Section 31-11-36; amended..........................................................149
Code Section 31-13-7; amended...........................................................149
Code Section 31-14-3; amended...........................................................620
Code Section 31-14-7; amended...........................................................620
Code Section 31-14-8; amended...........................................................620
Code Section 31-14-10; amended......................................................... 620
Code Section 31-14-11; amended..........................................................620
Code Section 31-14-12; amended..........................................................620
Code Section 31-14-13; amended ..................................................149, 620
Code Section 31-15-3; amended.................................................1186
Code Section 31-16-3; amended.................................................1413
Code Section 31-16-4; amended.................................................1413
Code Section 31-16-5; amended ...................................................149, 1413
Code Section 31-17-8; amended................................................. 149
Code Sections 31-18-1 through 31-18-4; amended..........................................871
Code Section 31-18-4; amended..................................................149
Code Section 31-20-3; amended.................................................1134
Code Section 31-22-4; amended..................................................149
Code Section 31-22-9; amended..................................................149
INDEX
XXIII
Code Section 31-22-12; amended......................................................... 149
Code Section 31-25-2; amended...........................................................149
Code Section 31-26-6; amended...........................................................149
Code Section 31-26-7; amended...........................................................149
Code Section 31-27-5; amended...........................................................149
Code Section 31-27-11; amended........................................................ 149
Code Section 31-28-6; amended......................................................... 149
Title 31, Chapter 32; redesignation as Title 31, Chapter 33 ..........................149
Code Section 31-32-9; amended...........................................................455
Code Section 32-1-7; amended............................................................149
Code Section 32-2-3; amended............................................................149
Code Section 32-2-75; amended...........................................................149
Code Section 32-3-1; amended............................................................149
Code Section 32-3-17.1; amended ....................................................... 149
Code Section 32-4-42; amended...........................................................283
Code Section 32-6-2; amended............................................................149
Code Section 32-6-24; amended..........................................................1002
Code Section 32-6-27; amended...........................................................149
Code Section 32-6-75.1; amended ........................................................149
Code Section 32-6-76; amended.......................................................... 149
Code Section 32-6-79; amended...........................................................149
Code Section 32-6-194; amended........................................................149
Code Section 32-6-197; amended..........................................................149
Code Sections 32-6-220 through 32-6-225; repealed...............................469, 1499
Code Section 32-6-223; amended......................................................... 149
Code Section 32-10-1; amended...........................................................149
Code Section 32-10-32; amended..........................................................149
Code Section 32-10-40; amended..........................................................149
Code Section 32-10-92; amended..........................................................149
Code Section 32-10-100; amended.........................................................149
Code Section 33-1-9; amended............................................................723
Code Section 33-1-14; enacted ..........................................................723
Code Section 33-2-15; amended....................................................... 1087
Code Section 33-3-6; amended............................................................149
Code Section 33-3-22; amended...........................................................228
Code Section 33-4-4; amended...........................................................1399
Code Section 33-5-22; amended..........................................................1239
Code Section 33-5-25; amended..........................................................1239
Code Section 33-5-34; amended..........................................................1399
Code Section 33-5-53; amended..........................................................1399
Code Section 33-6-5; amended ...................................................464, 1227
Code Section 33-7-11; amended...........................................................149
Code Section 33-8-1; amended...........................................................1399
Code Section 33-8-3; amended...........................................................1399
Code Section 33-8-8.2; amended .........................................................149
Code Section 33-9-21; amended...........................................................149
Code Section 33-9-32; amended...........................................................994
Code Section 33-10-8; amended..........................................................1087
Code Section 33-10-13; amended..........................................................149
Code Section 33-11-19.1; enacted ......................................................1104
Code Section 33-11-35; amended........................................................ 149
Code Section 33-11-36; amended..........................................................149
INDEX
XXIV
Code Section 33-14-61; amended..........................................................149
Code Section 33-15-7; amended......................................................... 1399
Code Section 33-15-23; amended......................................................1399
Code Section 33-22-13; amended.......................................................149
Code Section 33-22-14; amended.......................................................149
Code Section 33-22-16; amended......................................................1087
Code Section 33-23-42; amended......................................................1087
Code Section 33-24-51; amended ........................................................1054
Code Section 33-25-4; amended........................................................149
Code Section 33-27-1; amended........................................................616
Code Section 33-27-2; amended........................................................998
Code Section 33-27-3; amended........................................................149
Code Section 33-29-2; amended....................................4 ....................149
Code Section 33-29-4; amended......................................................... 149
Code Section 33-30-12; enacted......................................................1039
Code Section 33-34-10; amended.......................................................149
Code Section 33-34-10.1; redesignation as Code Section 33-34-10.2 .....................149
Code Section 33-34-12; amended.......................................................891
Code Section 33-34-13; repealed .....................................................891
Code Section 33-34-15; enacted ..................................................... 935
Code Section 33-35-16; amended......................................................1087
Code Section 33-36-2; amended.......................................................1485
Code Section 33-36-3; amended.......................................................1485
Code Section 33-36-4; amended.......................................................1485
Code Section 33-36-7; amended.......................................................1485
Code Section 33-36-18; enacted......................................................1485
Code Section 33-37-17; amended......................................................1087
Code Section 33-39-2; amended........................................................149
Code Section 33-39-3; amended........................................................149
Code Section 34-2-14; amended........................................................708
Code Section 34-2-15; repealed ......................................................708
Code Section 34-8-7.1; amended...................................................149, 708
Code Section 34-8-11; amended........................................................708
Code Section 34-8-14; amended........................................................708
Code Section 34-8-19; enacted ..................................................... 536
Code Section 34-8-38; amended........................................................708
Code Section 34-8-51; amended ...................................................696, 1357
Code Section 34-8-73; amended........................................................708
Code Section 34-8-74; amended........................................................708
Code Section 34-8-75; amended.......................................................... 708
Code Section 34-8-76; amended........................................................708
Code Section 34-8-77; amended........................................................708
Code Section 34-8-122; amended.......................................................708
Code Section 34-8-127; amended.......................................................708
Code Section 34-8-132; amended.......................................................708
Code Section 34-8-152; amended.......................................................901
Code Section 34-8-153; amended.......................................................696
Code Section 34-8-158; amended.......................................................149
Code Section 34-8-174; amended.......................................................708
Code Section 34-9-13; amended....................................................149, 727
Code Section 34-9-100; amended..........................................................727
Code Section 34-9-130.1; amended .......................................................149
INDEX XXV
Code Section 34-9-200; amended..........................................................727
Code Section 34-9-200.1; enacted .......................................................727
Code Section 34-9-205; amended..........................................................727
Code Section 34-9-206; enacted .........................................................727
Code Section 34-9-221; amended..........................................................727
Code Section 34-9-261; amended..........................................................727
Code Section 34-9-262; amended..........................................................727
Code Section 34-9-263; amended ...................................................149, 727
Code Section 34-9-265; amended..........................................................727
Code Section 34-9-351.1; enacted ......................................................1426
Code Section 34-9-356; amended.........................................................1426
Code Section 34-9-359; amended........................................................ 1426
Code Section 34-9-360; amended.........................................................1426
Code Section 34-9-362; amended.........................................................1426
Code Section 34-9-363; amended.........................................................1426
Code Section 34-10-16; amended..........................................................355
Code Section 34-11-3; amended...........................................................213
Code Section 34-11-4; amended...........................................................213
Code Section 34-11-5; amended...........................................................213
Code Section 34-11-7; amended...........................................................213
Code Section 34-11-8; amended.....................................................149, 213
Code Section 34-11-9; amended........................................................ 213
Code Section 34-11-14; amended..........................................................213
Code Section 34-11-16; amended..........................................................149
Code Sections 34-12-1 through 34-12-20; enacted.......................................1453
Code Section 35-1-8; amended...........................................................1128
Code Section 35-2-1; amended ...........................................................283
Code Section 35-2-40; amended...........................................................486
Code Section 35-2-41; amended...........................................................486
Code Section 35-2-41.1; enacted.........................................................486
Code Section 35-3-4; amended............................................................149
Code Section 35-3-9.1; enacted........................................................ 552
Code Section 35-3-9.2; enacted..........................................................552
Code Section 35-3-30; amended...........................................................149
Code Section 35-3-36; amended...........................................................149
Code Section 35-5-6; amended............................................................283
Code Section 35-6A-3; amended ................................ ...................283, 544
Code Section 35-8-2; amended............................................................283
Code Section 35-8-3; amended............................................................283
Code Section 35-8-7; amended............................................................539
Code Sections 35-8-7.1 and 35-8-7.2; enacted .........................................539
Code Section 35-8-20; amended........................................................149
Code Section 36-9-10; amended.......................................................1053
Code Section 36-12-5; amended.....................................................265, 283
Code Section 36-15-9; amended...........................................................999
Code Section 36-17-20; amended..........................................................149
Title 36, Chapter 19; redesignated as Title 36, Chapter 65...........................149
Code Section 36-32-5; amended.......................................................1391
Code Section 36-32-7; enacted .......................................................891
Code Section 36-32-8; enacted ..................................................... 1390
Code Section 36-34-5; amended..................................................... 1393
Code Section 36-41-3; amended........................................................391
XXVI
INDEX
Code Section 36-41-5; amended...........................................................391
Code Section 36-41-6; amended......................................................... 391
Code Section 36-41-7; amended......................................................... 391
Code Section 36-41-8; amended...........................................................391
Code Section 36-41-9; amended.......................................................... 391
Code Section 36-41-10; amended..........................................................391
Code Section 36-41-11; amended..........................................................391
Code Title 36, Chapter 44; enacted .................................................1360
Code Section 36-62-4; amended.......................................................,. 390
Code Sections 36-66-1 through 36-66-5; enacted .....................................1139
Code Section 36-82-7; amended..........................................................1461
Code Section 36-82-121; amended.........................................................149
Code Section 36-82-140; amended.........................................................149
Code Sections 36-82-180 through 36-82-199; enacted................................... 1143
Code Section 37-3-43; amended..........................................................1024
Code Section 37-3-81; amended..........................................................1024
Code Section 37-3-82; amended..........................................................1024
Code Section 37-3-100; amended..........................................................873
Code Section 37-3-122; amended..........................................................875
Code Section 37-4-40; amended......................................................... 926
Code Section 37-4-42; amended...........................................................926
Code Section 37-4-60; amended...........................................................149
Code Section 37-4-82; amended...........................................................875
Code Section 37-7-43; amended..........................................................1024
Code Section 37-7-81; amended..........................................................1024
Code Section 37-7-82; amended..........................................................1024
Code Section 37-7-100; amended..........................................................873
Code Section 37-7-122; amended..........................................................875
Code Section 37-7-166; amended..........................................................996
Code Section 37-8-4; amended............................................................283
Code Section 37-8-53; amended..........................................................1185
Code Section 37-9-2; amended............................................................987
Code Section 37-9-5; amended............................................................987
Code Section 38-2-2; amended ...........................................................356
Code Section 38-2-3; amended............................................................356
Code Section 38-2-23; amended...........................................................356
Code Section 38-2-50; amended...........................................................356
Code Section 38-2-51; amended...........................................................356
Code Section 38-2-52; amended...........................................................356
Code Section 38-2-53; amended...........................................................356
Code Section 38-2-54; amended...........................................................356
Code Section 38-2-391; amended..........................................................356
Code Section 38-2-571; amended..........................................................356
Code Section 38-3-20; amended...........................................................468
Code Section 40-2-6; amended............................................................149
Code Section 40-2-20; amended...........................................................149
Code Section 40-2-25; amended...........................................................149
Code Section 40-2-25.1; enacted..................................................... .693
Code Section 40-2-27; amended.....................................................149, 537
Code Section 40-2-29.3; enacted........................................................ 520
Code Section 40-2-30; amended...........................................................149
Code Section 40-2-31; amended...........................................................149
INDEX
XXVII
Code Section 40-2-34; repealed ....................................................... 149
Code Section 40-2-36; amended..........................................................149
Code Section^ 40-2-41; amended ....................................................149, 1276
Code Section 40-2-42; amended...........................................................1278
Code Section 40-2-60; amended..........................................................261
Code Section 40-2-62; amended............................................................261
Code Section 40-2-63; amended............................................................261
Code Section 40-2-65; amended......................................................... 149
Code Section 40-2-66; amended.................................... .....................261
Code Section 40-2-67; amended............................................................149
Code Section 40-2-68; amended......................................................... 149
Code Section 40-2-69; amended............................................................149
Code Section 40-2-71.1; amended ........................................................1278
Code Section 40-2-72; amended............................................................149
Code Section 40-2-73; amended............................................................261
Code Section 40-2-74; amended............................................................261
Code Section 40-2-75; amended........................................................... 261
Code Section 40-2-77; amended............................................................261
Code Section 40-2-90; amended......................................................... 149
Code Section 40-2-114; amended...........................................................149
Code Section 40-2-132; amended...........................................................149
Code Section 40-3-4; amended........................................................... 1271
Code Section 40-3-6; amended.............................................................149
Code Section 40-3-22; amended .....................................................149, 1271
Code Section 40-3-26; amended............................................................149
Code Section 40-3-29.1; enacted..........................................................693
Code Section 40-3-30; amended............................................................149
Code Section 40-3-32; amended............................................................149
Code Section 40-3-33; amended............................................................149
Code Section 40-3-35; amended...........................................................1227
Code Section 40-3-35.1; amended ........................................................1227
Code Section 40-3-36; amended............................................................485
Code Section 40-3-37; amended............................................................485
Code Section 40-3-38; amended............................................................149
Code Section 40-3-53; amended............................................................149
Code Section 40-3-54; amended............................................................149
Code Section 40-3-56; amended............................................................149
Code Section 40-3-71; amended............................................................149
Code Section 40-3-90; amended............................................................149
Code Section 40-4-6; amended.............................................................149
Code Section 40-4-20; amended........................................................... 149
Code Section 40-5-2; amended ..............................................149, 1182, 1339
Code Section 40-5-5; amended.............................................................149
Code Section 40-5-24; amended............................................................149
Code Section 40-5-26; amended............................................................758
Code Section 40-5-33; amended............................................................149
Code Section 40-5-53; amended............................................................149
Code Section 40-5-55; amended......................................................630, 758
Code Section 40-5-57; amended............................................................758
Code Section 40-5-57.1; enacted..........................................................758
Code Section 40-5-58; amended............................................................758
Code Section 40-5-62; amended............................................................758
XXVIII
INDEX
Code Section 40-5-63; amended...................................................149, 758
Code Section 40-5-64; amended...................................................149, 758
Code Section 40-5-70; amended...................................................149, 758
Code Section 40-5-71; amended......................................................758
Code Section 40-5-82; amended......................................................149
Code Section 40-5-83; amended...................................................409, 758
Code Section 40-5-84; amended...................................................149, 758
Code Section 40-5-85.1; enacted......................................................758
Code Section 40-5-85.2; enacted......................................................758
Code Section 40-5-88; enacted ...................................................... 758
Code Section 40-6-3; amended...................................................758
Code Section 40-6-9; amended...................................................149
Code Section 40-6-21; amended.................................................... 149
Code Section 40-6-24; amended......................................................149
Code Section 40-6-41; amended......................................................149
Code Section 40-6-123; amended...................................................149
Code Section 40-6-124; amended...................................................149
Code Section 40-6-163; amended ................................................ 1175
Code Section 40-6-187; amended...................................................149
Code Section 40-6-206; amended...................................................149
Code Section 40-6-222; amended...................................................149
Code Section 40-6-225; amended.................................................. 558
Code Section 40-6-245; amended...................................................149
Code Section 40-6-270; amended...................................................758
Code Section 40-6-311; amended...................................................149
Code Section 40-6-316; amended...................................................149
Code Section 40-6-391; amended ................................................149, 758
Code Section 40-6-394; amended...................................................758
Code Section 40-6-395; amended.................................................. 758
Code Section 40-7-2; amended...................................................149
Code Section 40-8-5; amended...................................................149
Code Section 40-8-73.1; amended ......... ..........................................149
Code Section 40-8-76; amended......................................................149
Code Section 40-8-90; amended......................................................149
Code Section 408-151; amended...................................................149
Code Section 408-153; amended..................................................1092
Code Section 408-156; amended................................................ 1092
Code Section 408-158; amended..................................................1092
Code Section 408-159; amended..................................................1092
Code Section 408-159.1; enacted ....................................................1092
Code Section 408-161; amended..................................................1092
Code Section 409-10; redesignation................................................149
Code Section 409-32; amended.....................................................1647
Code Section 409-38; amended......................................................149
Code Section 40-9-39; amended......................................................149
Code Section 409-61; amended......................................................149
Code Section 409-101; amended............ ...........................................989
Code Section 40103; amended......................................................149
Code Section 40109; amended......................................................149
Code Section 4011-1; amended.....................................................1265
Code Section 4011-2; amended.....................................................1265
Code Section 40-11-5; amended.....................................................1265
INDEX
XXIX
Code Section 40-13-1; amended......................................................149
Code Section 40-13-23; amended....................................................... 149
Code Section 40-13-26; amended.........................................................149
Code Section 40-13-32; amended.........................................................149
Code Section 40-13-61; amended.........................................................149
Code Section 40-14-10; amended.........................................................149
Code Section 42-1-2; amended ...................................................149, 283
Code Section 42-1-4; enacted....................................................1259, 1483
Code Section 42-2-1; amended...........................................................283
Code Section 42-2-4; amended...........................................................283
Code Section 42-2-6; amended...........................................................283
Code Section 42-3-3; amended........................................................ 149
Code Section 42-3-5; amended ..........................................................283
Code Section 42-3-15; amended..................................................... 283
Code Section 42-3-18; amended......................................................283
Code Section 42-3-19; amended......................................................283
Code Section 42-3-24; amended.................................................... 283
Code Section 42-3-27; amended..................................................... 283
Code Section 42-3-29; amended......................................................283
Code Section 42-3-31; amended......................................................149
Code Section 42-4-30; amended.................................................... 149
Code Section 42-5-1; amended ...................................................149, 283
Code Section 42-5-8; amended......................................................... 149
Code Section 42-5-36; amended...................................................149, 283
Code Section 42-5-41; enacted.........................................................1113
Code Section 42-5-50; amended..........................................................149
Code Section 42-5-51; amended...................................................149, 283
Code Section 42-5-53; amended......................................................... 283
Code Section 42-5-60; amended......................................................... 149
Code Section 42-6-1; amended ...................................................149, 283
Code Section 42-6-23; amended.................................................... 283
Code Title 42, Chapter 7; revised.....................................................420
Code Section 42-7-2; amended...........................................................283
Code Section 42-7-3; amended......................................................... 283
Code Section 42-7-12; amended..........................................................149
Code Section 42-8-2; amended.......................................................... 283
Code Section 42-8-21; amended...................................................149, 283
Code Section 42-8-22; amended..........................................................283
Code Section 42-8-37; amended....................................................... 516
Code Section 42-8-60; amended..........................................................380
Code Section 42-8-62; amended..........................................................283
Code Section 42-8-65; amended...................................................283, 380
Code Section 42-8-80; amended..........................................................283
Code Section 42-8-81; amended........................................................ 283
Code Section 42-8-82; amended..........................................................283
Code Section 42-8-83; amended........................................... .......283, 708
Code Section 42-8-84; enacted .........................................................149
Code Section 42-9-1; amended...........................................................149
Code Section 42-9-2; amended...........................................................283
Code Section 42-9-12; amended......................................................... 149
Code Section 42-9-21.1; enacted .................................................... 1113
Code Section 42-9-42; amended..........................................................414
XXX
INDEX
Code Section 42-9-45; amended...........................................................283
Code Section 42-9-47; amended.......................................................... 739
Code Section 42-9-60; amended....................................................149, 283
Code Section 42-10-3; amended...........................................................283
Code Section 42-10-4; amended...........................................................283
Code Section 42-10-5; amended...........................................................283
Code Section 42-11-3; amended...........................................................283
Code Section 43-5-8; amended............................................................985
Code Section 43-5-9; amended............................................................985
Code Section 43-7-11.1; enacted .......................................................1419
Code Section 43-7-12.1; enacted .......................................................1419
Code Section 43-7-13; amended..........................................................1419
Code Section 43-7-13.1; enacted .......................................................1419
Code Section 43-7-16; amended..........................................................1419
Code Section 43-7-24.1; enacted ...................................................... 1133
Code Section 43-8-12; amended...........................................................657
Code Section 43-10-1; amended..........................................................1057
Code Section 43-10-2; amended..........................................................1057
Code Section 43-10-4; repealed ........................................................1057
Code Section 43-10-6; amended..........................................................1057
Code Section 43-10-8; amended..........................................................1057
Code Section 43-10-9; amended..........................................................1057
Code Section 43-10-10; amended...................................................1057
Code Section 43-10-11; amended...................................................1057
Code Section 43-10-12; amended...................................................1057
Code Section 43-10-13; amended.................................................. 1057
Code Section 43-10-14; amended...................................................1057
Code Section 43-10-17; amended...................................................1057
Code Section 43-10-18.1; enacted.................................................1057, 1133
Code Section 43-10-19; amended.........................................................1057
Code Section 43-18-40; amended.........................................................1447
Code Section 43-18-41; amended.........................................................1447
Code Section 43-18-42; repealed .......................................................1447
Code Section 43-18-43; amended...................................................1447
Code Section 43-18-76.1; enacted ......................................................1447
Code Section 43-18-77; amended...................................................1447
Code Title 43, Chapter 36; revised....................................................1008
Code Section 43-40-1; amended...........................................................360
Code Section 43-40-2; amended...........................................................360
Code Section 43-40-8; amended...........................................................360
Code Section 43-40-9; amended...........................................................360
Code Section 43-40-10; amended....................................................360
Code Section 43-40-11; amended....................................................360
Code Section 43-40-12; amended....................................................360
Code Section 43-40-19; amended....................................................360
Code Section 43-40-20; amended....................................................360
Code Section 43-40-22; amended................................................... 360
Code Section 43-40-24; amended....................................................360
Code Section 43-40-25; amended....................................................360
Code Section 43-40-27; amended....................................................360
Code Section 43-40-29; amended....................................................360
Code Section 43-40-30; amended....................................................360
INDEX
XXXI
Code Section 43-47-8; amended..........................................................975
Code Section 43-47-14; amended.........................................................975
Code Section 43-50-26; amended.........................................................406
Code Section 43-51-2; amended......................................................... 432
Code Section 43-51-15; amended.........................................................432
Code Section 44-3-139; amended.........................................................149
Code Section 43-3-140; amended.......................................................149
Code Section 44-3-141; amended.........................................................149
Code Section 44-3-149; amended.........................................................149
Code Section 44-3-171; amended........................................................ 149
Code Section 44-3-172; amended ..................................................149, 856
Code Section 44-3-173; amended.........................................................149
Code Section 44-3-174; amended.........................................................856
Code Section 44-3-193; amended.........................................................856
Code Section 44-3-196; amended.........................................................856
Code Section 44-3-201; amended.........................................................856
Code Sections 44-4-20 through 44-4-31; revised and enacted...........................650
Code Section 44-5-113; amended.......................................................819
Code Section 44-5-115; amended.........................................................819
Code Section 44-5-191; amended....................................................... 149
Code Section 44-6-166.1; amended ......................................................149
Code Section 44-6-190; amended........................................................ 149
Code Section 44-7-56; amended..........................................................149
Code Section 44-10-2; amended..........................................................149
Code Section 44-12-193; amended..................................................... 1097
Code Section 44-12-194; amended.......................................................1097
Code Section 44-12-195; amended.......................................................1097
Code Section 44-12-197; amended.......................................................1097
Code Section 44-12-198; amended.......................................................1097
Code Section 44-12-199; amended.......................................149, 283, 912, 1097
Code Section 44-12-200; amended.......................................................1097
Code Section 44-12-211; amended.......................................................1097
Code Section 44-14-360; amended...................................................... 1322
Code Section 44-14-361; amended.......................................................1322
Code Section 44-14-361.1; amended ................................................... 1322
Code Section 44-14-361.3; amended ................................................... 1322
Code Section 44-14-363; amended.......................................................1107
Code Section 44-14-365; amended..................................................... 1322
Code Section 44-14-494; amended........................................................149
Code Section 44-15-4; amended..........................................................149
Code Section 45-5-111; amended.........................................................819
Code Section 45-7-4; amended..........................................283, 493, 524, 672
Code Section 45-7-21; amended..........................................................283
Code Section 45-9-4.1; enacted ..................................................... 1117
Code Section 45-9-41; amended..........................................................283
Code Section 45-9-83; amended..........................................................283
Code Section 45-9-86; amended..........................................................413
Code Section 45-9-110; enacted ........................................................973
Code Section 45-10-23; amended.........................................................882
Code Section 45-10-25; amended ..................................................149, 1034
Code Section 45-10-70; enacted ........................................................427
Code Section 45-11-10; amended.........................................................617
XXXII
INDEX
Code Section 45-12-78; amended ..................................................149, 669
Code Section 45-12-93; amended..........................................................252
Code Section 45-16-1; amended...........................................................843
Code Section 45-16-4; amended...........................................................843
Code Section 45-16-6; amended...........................................................843
Code Section 45-16-7; amended...........................................................843
Code Section 45-16-8; amended...........................................................843
Code Section 45-16-9; amended...........................................................843
Code Section 45-16-22; amended......................................................... 843
Code Section 45-16-24; amended.........................................................1073
Code Section 45-16-25; amended..........................................................843
Code Section 45-16-26; amended..........................................................843
Code Section 45-16-27; amended.........................................................1073
Code Section 45-16-29; amended.........................................................1073
Code Section 45-16-30; amended..........................................................843
Code Section 45-16-31; amended..........................................................843
Code Section 45-16-32; amended......................................................... 843
Code Sections 45-16-60 through 45-16-67; enacted.......................................797
Code Section 45-17-2; amended..........................................................1469
Code Section 45-17-2.1; amended ...................................................... 1469
Code Section 45-17-2.2; amended .......................................................1469
Code Section 45-17-6; amended..........................................................1469
Code Section 45-17-8.1; amended ..................................................... 1469
Code Section 45-17-20; amended..........................................................149
Code Sections 45-18-50 through 45-18-58; enacted ......................................441
Code Section 45-19-23; amended..........................................................149
Code Section 45-19-36; amended..........................................................149
Code Section 45-20-2; amended...........................................................547
Code Section 45-20-3.1; enacted .......................................................1250
Code Section 45-20-8; amended......................................................... 149
Code Section 45-20-11; amended.........................................................1120
Code Section 45-20-15; amended..........................................................149
Code Section 45-20-31; amended..........................................................149
Code Section 46-1-1; amended...........................................................1394
Code Section 46-1-2; amended............................................................149
Code Section 46-3-131; amended..........................................................149
Code Section 46-3-424; amended..........................................................149
Code Section 46-4A-3; amended ..........................................................149
Code Section 46-5-22; enacted..........................................................1310
Code Section 46-5-74; amended.....................................................149
Code Section 46-5-88; amended.....................................................149
Code Section 46-5-90; amended.....................................................149
Code Section 46-5-122; amended................................,........................149
Code Section 46-7-29; amended......................................................... 1126
Code Section 46-7-68.1; amended ........................................................149
Code Section 46-7-71; amended..........................................................1126
Code Section 46-9-6; amended............................................................149
Code Title 46, Chapter 9, Articles 9 and 10; enacted ..................................1283
Code Section 46-10-3; amended.....................................................494
Code Section 46-10-3.1; enacted.........................................................494
Code Section 46-10-9; amended.....................................................494
Code Sections 46-11-1 through 46-11-6; enacted...................................469, 1499
INDEX
XXXIII
Code Section 47-1-9; enacted ........................................................ 1334
Code Section 47-1-10; enacted.........................................................1638
Code Sections 47-1-20 through 47-1-23; enacted........................................1624
Code Section 47-2-1; amended...........................................................209
Code Section 47-2-2; amended...........................................................209
Code Section 47-2-54; amended..........................................................209
Code Section 47-2-91; amended.........................................................1624
Code Section 47-2-110; amended........................................................ 283
Code Section 47-2-123; amended.........................................................209
Code Section 47-2-220; amended........................................................ 283
Code Section 47-2-296; amended .................................................209, 283
Code Section 47-2-334; amended........................................................209
Code Section 47-3-21; amended..............................v..........................209
Code Section 47-3-60; amended.........................................................209
Code Section 47-3-66; amended........................................................ 209
Code Section 47-3-87.1; amended .......................................................209
Code Section 47-3-120; amended.........................................................209
Code Section 47-5-42; amended ..................................................209, 1359
Code Section 47-6-1; amended...........................................................209
Code Section 47-7-1; amended......................................................... 209
Code Section 47-7-40; amended..........................................................209
Code Section 47-7-102; amended........................................................ 209
Code Section 47-10-40; amended........................................................209
Code Section 47-11-71.1; amended ......................................................209
Code Section 47-16-21; amended.........................................................514
Code Section 47-16-101; amended.......................................................1348
Code Section 47-16-102; amended........................................................209
Code Section 47-20-3; amended..........................................................209
Code Section 47-20-10; amended.........................................................209
Code Section 47-20-30; amended...........................^. ..........................146
Code Section 47-20-32; amended.........................................................146
Code Section 48-2-18; amended..........................................................149
Code Section 48-2-49; amended........................................................ 1350
Code Section 48-2-55; amended..........................................................931
Code Section 48-3-6; amended....................................................... 1243
Code Section 48-3-7; amended........................................................ 1243
Code Section 48-4-1; amended..........................................................1243
Code Section 48-5-7.1; amended ........................................................149
Code Section 48-5-48; amended..........................................................149
Code Section 48-5-54; amended..........................................................149
Code Section 48-5-56; enacted ...................................................... 1262
Code Section 48-5-100; repealed ....................................................489
Code Section 48-5-120; repealed ....................................................489
Code Section 48-5-137; amended .................................................1115, 1492
Code Section 48-5-165; enacted ........................................................537
Code Section 48-5-183; amended.........................................................456
Code Section 48-5-210; enacted ........................................................489
Code Section 48-5-306; amended...................................................1262
Code Section 48-5-478; amended....................................................149
Code Section 48-7-82; amended.........................................................1350
Code Section 48-7-102.1; enacted .....................................................1411
Code Section 48-7-161; amended....................................................785
XXXIV
INDEX
Code Section 48-7-165; amended........................................................785
Code Section 48-8-3; amended ...................................................491, 624
Code Section 48-8-3; amended ...................................................625, 1177
Code Section 48-8-6; amended ..........................................................232
Code Section 48-8-64; amended.........................................................1350
Code Section 48-8-89.1; amended .......................................................149
Code Section 48-8-90; amended..........................................................232
Code Sections 48-8-110 through 48-8-121; enacted .....................................232
Code Section 48-8-111; amended.........................................................868
Code Section 48-9-3; amended....................................................... 1644
Code Section 48-9-12; amended.........................................................1644
Code Section 48-9-13; amended.........................................................1350
Code Section 48-9-41; amended.........................................................1350
Code Section 48-10-2; amended............................................................1
Code Section 48-10-3. lj amended ......................................................149
Code Section 48-13-33; amended.........................................................708
Code Section 48-13-34; amended.........................................................708
Code Section 48-13-36; amended.........................................................708
Code Section 48-14-3; amended..........................................................149
Code Section 49-4-142; amended.........................................................517
Code Section 49-4-146.1; amended .....................................................1395
Code Section 49-5-7; amended...........................................................283
Code Section 49-5-8; amended...........................................................518
Code Section 49-5-11; amended..........................................................283
Code Section 49-5-14; repealed .......................................................1642
Code Sections 49-5-60 through 49-5-74; amended .......................................963
Code Section 49-6-61; amended..........................................................149
Code Section 49-6-62; amended..........................................................149
Code Section 50-5-10; amended..........................................................708
Code Section 50-5-31; amended...................................................283, 949
Code Section 50-5-32; amended..........................................................949
Code Section 50-5-73; amended..........................................................283
Code Section 50-6-27; amended..........................................................668
Code Section 50-7-8; amended...........................................................428
Code Section 50-8-2; amended ..........................................................149
Code Section 50-9-2; amended...........................................................224
Code Section 50-9-5; amended ......................................................224,745
Code Section 50-9-9; amended...........................................................554
Code Section 50-10-3; amended..........................................................149
Code Section 50-10-4; amended..........................................................252
Code Section 50-10-5; amended..........................................................252
Code Section 50-10-7; amended..........................................................252
Code Section 50-10-17; amended.........................................................252
Code Section 50-11-10; amended.........................................................149
Code Section 50-13-2; amended..........................................................283
Code Section 50-16-34; amended .................................................1408, 1423
Code Section 50-16-43; amended.........................................................149
Code Section 50-16-122; amended...................................................... 1424
Code Section 51-1-30; amended..........................................................149
Code Section 51-1-30.1; amended .......................................................149
Code Section 51-1-37; enacted ........................................................1008
Code Section 51-2-7; amended..........................................................1033
INDEX
XXXV
Code Section 51-4-2; amended................................................1253
Code Section 51-4-3; repealed ..............................................1253
Code Section 51-4-5; amended................................................1253
Code Section 52-7-8; amended.................................................149
Code Section 53-3-12; amended................................................149
Code Section 53-3-13; amended...............................................1650
Code Section 53-3-60; enacted ............................................ 1650
Code Section 53-3-61; enacted ............................................ 1650
Code Section 53-4-2; amended.............................................. 1257
Code Section 53-4-3; repealed .......................................... 1257
Code Section 53-7-140; amended............................................. 149
CONTINUATION OF LOCAL CONSTITUTIONAL AMENDMENTS
Albany Dougherty Payroll Development Authority .............................3904
Ashburn; tax for promotion of industry......................................4148
Athens-Clarke County Industrial Development Authority ......................4134
Athens-Clarke County school system .........................................4165
Bowdon; homestead exemption on city ad valorem taxes .......................4814
Brunswick-Glynn County Charter Commission ..................................3603
Cairo Development Authority.................................................3780
Carrollton Payroll Development Authority....................................3987
Cedartown Development Authority.............................................5341
Central Valdosta Development Authority......................................3871
Chatham County; recorders court; creation .................................4658
Chatham County; recorders court; jurisdiction .............................4150
Chattooga County; local sales and use tax for education.....................4447
City of Cairo Development Authority.........................................3780
Clarke County-Athens school system .........................................4165
Clarkesville; homestead exemption for persons 65 or older ..................4208
Clarkesville; nonprofit housing for elderly persons.........................4210
Clarkesville Industrial Building Authority..................................4212
College Park Business and Industrial Development Authority .................5311
Colquitt County; board of education; school superintendent..................4747
Colquitt County; license fees and occupational taxes .......................4433
Coweta County and municipalities therein; ad valorem tax exemption of certain
personal property .....................................................3921
Coweta County; board of education; leases and contracts ....................4177
Coweta County; water, sanitation, sewerage, and fire districts .............4175
Coweta County Development Authority.........................................4173
Coweta County-Newnan schools merged ........................................4171
Crisp County; hydro-electric power bonds..............................3810, 3812
Dawson County Industrial Building Authority ................................4117
Decatur County-Bainbridge Industrial Development Authority..................3928
DeKalb County and municipalities therein; alcoholic beverage tax for educational
purposes.............................................................. 3730
DeKalb County; board of education; elections ...............................4078
DeKalb County; civil service and merit system ..............................3771
DeKalb County; garbage disposal; sanitation districts ......................3712
DeKalb County; medical examiner ............................................3800
DeKalb County; ordinances; penalties; business licenses; recorders court ..4279
DeKalb County; payment for personal property damaged by county employees . 5006
XXXVI
INDEX
DeKalb County; recorders court; jurisdiction....... .....................4277
DeKalb County; street improvements in subdivisions .......................3728
DeKalb County; tax for educational purposes ..............................4080
Douglas-Coffee County Industrial Authority................................ 5300
Downtown Bainbridge Development Authority ................................3930
Downtown Camilla Development Authority......,.............................4936
Evans County Industrial Development Authority.............................4232
Forsyth County Board of Education ........................................3704
Fitzgerald and Ben Hill County Development Authority................5190, 5326
Franklin County Industrial Building Authority.............................5186
Glynn County; Brunswick-Glynn County Charter Commission ...................3603
Greene County; board of education..........................................4248
Greene County Development Authority........................................4246
Griffin-Spalding County Development Authority..............................3845
Habersham County; board of education; borrowing funds.....................4205
Habersham County Industrial Development Authority..........................4207
Hart County Industrial Building Authority ................................4453
Henry County; ad valorem tax exemption of capital improvements of new
manufacturing establishments........................................ 5171
Henry County and municipalities therein; ad valorem tax exemption or personal
property in transit ..................................................3938
Henry County and municipal corporations within Henry County; ad valorem
tax exemption on tangible personal property in transit ..............5178
Henry County; board of education; composition.... .........................3932
Henry County; water and sewer bonds........................................3936
Henry County; water and sewer tax..........................................3940
Henry County; water or water and sewerage revenue bonds...................5159
Henry County Development Authority ........................................3831
Houston County; board of education; grants for handicapped citizens.......4329
Houston County; branch offices for county government and board of education .. 4869
Houston County; special court .............................................4871
Houston County Development Authority.......................................4873
Lowndes County; ad valorem tax exemption for real property of historical
interest..............................................................3661
Lowndes County; assessments for street improvements.......................3657
Lowndes County; board of education.........................................4132
Lowndes County; board of tax assessors.....................................3888
Lowndes County; combined city-county revenue and tax administrations .....3663
Lowndes County; homestead exemptions from ad valorem taxes ...............3655
Lowndes County; itinerant peddlers, vendors, and tradesmen; licenses......3659
Lowndes County; license taxes on businesses................................3651
Lyons Development Authority ...............................................4501
Macon-Bibb County Industrial Authority..............................5168, 5274
Macon-Bibb County Urban Development Authority..............................5269
Macon County Industrial Building Authority.................................3843
Madison County; board of education.........................................4834
Madison County Industrial Development and Building Authority ..............4832
McIntosh County Industrial Development Authority...........................3501
Mitchell County Development Authority......................................3890
Mitchell County School District; local sales and use tax..................3719
Montgomery County Development Authority....................................3964
Moultrie-Colquitt County Development Authority ............................4745
INDEX
XXXVII
Murray County Industrial Development Authority ........................3792
Newnan; board of water, sewerage, and light commission ................4258
Newnan; board of water, sewerage, and light commission ................4260
Newnan-Coweta County schools merged ...................................4171
Newton County Industrial Development Authority .........................4932
Putnam County Board of Education.......................................3818
Putnam County Development Authority....................................3955
Richmond County; license fees and business taxes .......................4138
Rome-Floyd County Development Authority ...............................4877
Tattnall County; board of education; elections..........................4271
Tattnall County Industrial Development Authority.......................4754
Thomas County; board of education and school superintendent ...........4554
Thomaston; water, sewer, and electric system ...........................3739
Thomaston Office Building Authority....................................3735
Thomaston-Upson County Industrial Development Authority................3737
Thomasville Payroll Development Authority......... .....................4552
Toombs County Development Authority ...................................3962
Treutlin County Development Authority..................................3983
Trion; homestead exemption for elderly residents........................4967
Trion; local sales and use tax for education ...........................4447
Valdosta; Centred Valdosta Development Authority.......................3871
Valdosta; combined city-county revenue and tax administrations .........3663
Valdosta; homestead exemptions from ad valorem taxes .. ................3653
Valdosta-Lowndes County Industrial Authority...........................3710
Vidalia Development Authority..........................................3957
Walker County Development Authority.................................. 4169
Wayne County; industrial development tax ..............................4589
White County; board of education; elections.............................4563
White County Industrial Building Authority .............................4565
COURTS
SUPREME COURT
Justices; vacancies; temporary appointments ............................245
COURT OF APPEALS
Judges; vacancies; temporary appointments ..............................245
SUPERIOR COURTS
Bail; schedule I or II controlled substances............................416
Baldwin County; compensation of clerk..................................4086
Bartow County; clerk; compensation..................................... 4126
Blue Ridge Judicial Circuit; terms of Superior Court of Forsyth County .281
Brantley County; clerk; compensation ..................................4971
Cherokee Judicial Circuit; judges; salary supplement ...................4663
Clayton County; clerk; deputy clerk; compensation .....................4468
Clayton Judicial Circuit; court reporters; compensation ...............4534
Clayton Judicial Circuit; district attorney; salary supplement.........4464
Clayton Judicial Circuit; judges; salary supplement....................4460
XXXVIII
INDEX
Clerks; minimum salaries ....................................................549
Cobb Judicial Circuit; investigators; chief investigator; assistant district
attorneys .............................................................4255
Council of Superior Court Judges of Georgia; created ........................1130
Criminal Justice Coordinating Council; superior court judge as a member .....544
Dawson County; clerk; compensation ..........................................4518
DeKalb County; Stone Mountain Memorial Association ..........................448
Dublin Judicial Circuit; judges; salary supplements..........................3806
Early County; clerk placed on annual salary..................................3989
Fayette County; clerk; compensation ........................................4973
Floyd County; merit system; investigators; assistant district attorneys......4930
Forsyth County; terms of superior court .....................................281
Glascock County; clerk placed on annual salary .............................4487
Glynn County; clerk of the superior court; personnel ........................3732
Habeas corpus and nonjury proceedings in counties with state correctional
institutions ...........................................................440
Heard County; clerk of superior court; salary ...............................3520
Houston Judicial Circuit; judges; salary supplements ........................4591
Joint Study Committee on Superior Court Judgeships...........................325
Judges; vacancies; temporary appointments ...................................245
Juries .....................................................................1511
Law clerks or court administrators; employment ..............................1279
Madison County; clerk; compensation; personnel; budgets .....................4770
Montgomery County; clerk placed on annual salary ............................3959
Murray County; clerk; compensation .........................................3573
Ocmulgee Judicial Circuit; court reporters; salaries and expense allowances _4094
Pataula Judicial Circuit; assistant district attorney; service as solicitor of State
Court of Early County .................................................4343
Richmond County; clerk; compensation .......................................5003
Rockdale County; clerk of superior court; compensation......................4671
Rome Judicial Circuit; investigators........................................4424
Secretaries of judges and district attorneys.................................434
Seminole County; clerk; compensation........................................4526
Sheriffs; minimum annual salaries ...........................................430
Stewart County; clerk; compensation ........................................3826
Troup County; clerk of superior court; compensation..........................3908
Warren County; deputy clerk; compensation ..................................4567
Waycross Judicial Circuit; judges supplements..............................3879
White County; clerk; personnel .............................................4452
JUVENILE COURTS
Shelter care; informal detention hearings...................................1313
PROBATE COURTS
Baldwin County; compensation of judge ......................................4088
Bartow County; judge; compensation .........................................4126
Brantley County; judge; compensation........................................4971
Catoosa County; judge; clerical help allowance ..............................4422
Clayton County; judge; compensation.........................................4466
Cobb County; judge and clerk; compensation .................................3864
INDEX
XXXIX
Dawson County; judge; compensation............................................4518
Decatur County; judge placed on annual salary................................4419
Fayette County; judge; compensation ..........................................4477
Heard County; judges compensation ..........................................3516
Johnson County; judge; clerical assistance ..................................4365
Judges; qualifications for office........................................... 1247
Judges; vacancies; temporary appointments .....................................245
Jurisdiction in actions admitting wills to probate...........................1650
Madison County; judge; compensation; personnel; budgets......................4770
Minimum salaries for judges....................................................932
Murray County; judge of the probate court; compensation......................3573
Richmond County; judge; compensation..........................................5003
Rockdale County; judge of the probate court; salary .........................4158
Seminole County; judge; compensation..........................................4523
Stewart County; judge; compensation...........................................3826
Troup County; judge of the probate court; compensation ......................3908
STATE COURTS
Advanced deposit of court costs in certain counties (190,000-210,000)
repealed .................................................................354
Bacon County; court abolished ................................................3510
Baldwin County; judge and solicitor; compensation; terms of court............3997
Candler County; comprehensive revision........................................4783
Carroll County; judge and solicitor; compensation ...........................3569
Chatham County; costs and fees ...............................................4082
Chattooga County; judge and solicitor; compensation..........................4965
Cherokee and Forsyth Counties; terms .........................................3798
Clayton County; deposits for advance costs...................................4538
Clayton County; judges; compensation .........................................4462
Clayton County; solicitor; salary; retirement ...............................4458
Clinch County; judge and solicitor; salary....................................4183
Cobb County; clerks bond ....................................................4334
Cobb County; clerk, solicitor, and assistants compensation...................4508
Cobb County; judges; compensation.............................................3833
Colquitt County; judge and solicitor; salary ................................4227
DeKalb County; additional judge...............................................5140
DeKalb County; assistant solicitor............................................4369
DeKalb County; clerk and marshall; service in magistrate court ..............4819
DeKalb County; Stone Mountain Memorial Association ..........................448
Early County; assistant district attorney; service as solicitor..............4343
Effingham County; judge and solicitor; salary ...............................4866
Elbert County; terms; salaries of judge and solicitor; clerk; jurors.........4188
Forsyth and Cherokee Counties; terms .........................................3798
Fulton County; costs and fees of clerk and marshall .........................3773
Hall County; assistant solicitors; clerical employees of the solicitor.......3566
Judges; vacancies; temporary appointments .....................................245
Juries; uniform procedures ...................................................1511
Pierce County; compensation of judge and solicitor ...........................4186
Stephens County; state court re-created.......................................4673
Tattnall County; compensation of judge, solicitor, and clerical assistants ..4620
Troup County; compensation of judge and solicitor ...........................3914
XL
INDEX
Warrants for arrest and search warrants .....................................1105
Wayne County; judge and solicitor; compensation; secretarial allowance.......4104
MAGISTRATE COURTS
Bartow County; chief magistrate; compensation ...............................3788
Berrien County; chief magistrate; law library fees...........................3721
Bonds of magistrates; notice or summons in civil actions.....................636
Butts County; law library fees ..............................................4934
Butts County; selection of chief magistrate..................................4596
Candler County; appointment of chief magistrate and magistrate ..............4800
Chatham County; judge emeritus of the Municipal Court of Savannah; service
as magistrate; judges pro tempore ......................................4028
Clayton County; magistrates; bonds ...........................................4536
Coweta County; judge; election................................................4441
DeKalb County; chief magistrate and magistrates; clerk and marshall of state
court; law library funds.................................................4819
DeKalb County; Stone Mountain Memorial Association ..........................448
Judges; vacancies; temporary appointments .....................................245
Jurisdiction in certain counties (550,000 or more)...........................352
Lamar County; law library fees ..............................................4437
Morgan County; clerk; court costs............................................3857
Rockdale County; chief magistrate; salary.....................................4156
Service of process in civil actions..........................................627
Spalding County; chief magistrate; compensation...............................4435
Subpoenas for production of documentary evidence; postjudgment discovery and
interrogatories; contempt of court ......................................1003
Training requirements for magistrates who are attorneys .....................1416
Troup County; chief magistrate; compensation .................................3817
Wilkinson County; cost-of-living increases for magistrates and clerk.........3999
MUNICIPAL, RECORDERS, AND POLICE COURTS
Atlanta; municipal court; costs and fees of clerk and marshall...............3773
Blairsville; city court; fines ...............................................4736
Cairo; municipal court; name of court; fines..................................4323
Chatham County; recorders court; creation; local constitutional amendment
continued................................................................4658
Chatham County; recorders court; jurisdiction; local constitutional amendment
continued............................................................... 4150
Community service work; penalties.............................................1391
Columbus, Georgia; municipal court; judge; compensation.......................4214
Columbus, Georgia; municipal court; jurisdiction; costs; transfer of cases ..4593
Covington, City of; recorders court; fines ..................................5208
DeKalb County; recorders court; jurisdiction; local constitutional amendment
continued................................................................4277
DeKalb County; recorders court; local constitutional amendment continued .... 4279
Dillard, City of; recorder; penalties.........................................5262
Doerun; recorders court; penalties ..........................................4234
Franklin, City of; mayors or recorders court; penalties.....................5286
Georgia Motor Vehicle Emissions Inspection and Maintenance Act; jurisdiction
of municipal courts......................................................1390
Hazlehurst; Recorders court; penalties ......................................5245
INDEX XLI
Irwinton; recorder and recorder pro tempore.................................4731
Ivey; recorders court......................................................4220
Law library costs; ordinances ...............................................999
Penalties; community service work...........................................1391
Richmond County; civil court; judges; compensation .........................5003
Union City; municipal court; associate judge ...............................4844
Union'City, City of; municipal court; penalties ............................5253
Warner Robins; municipal court; penalties...................................4218
COUNTIES AND COUNTY MATTERS
NAMED COUNTIES
Bacon County; board of education; compensation .............................4273
Bacon County; board of education; elections; referendum.....................4823
Bacon County; State Court of Bacon County abolished ........................3510
Bacon County; superior court judges; supplements............................3879
Baldwin County; clerk of superior court; compensation.......................4086
Baldwin County; compensation for damage to airport hangar...................567
Baldwin County; homestead exemption from Baldwin County School District ad
valorem taxes; referendum..............................................3835
Baldwin County; judge of the probate court; compensation ...................4088
Baldwin County; state court; judge and solicitor; compensation; terms of
court..................................................................3997
Baldwin County; tax commissioner; compensation .............................3995
Banks County; board of commissioners; compensation..........................4532
Banks County; tax commissioner; compensation ...............................4503
Bartow County; chief magistrate; compensation ..............................3788
Bartow County; commissioner; compensation...................................4130
Bartow County; sheriff; clerk of superior court; judge of the probate court;
compensation ..........................................................4126
Bartow County; tax commissioner; compensation ..............................3786
Berrien County; magistrate court ...........................................3721
Berrien County; release of reverters in fee simple deeds without warranty...600
Berrien County Airport Authority; created...................................3873
Bibb County; Macon-Bibb County Industrial Authority; additional member .....3600
Bibb County; Macon-Bibb County Water and Sewerage Authority; employees
pension plan.................. i...; ^ ..............................4543
Bibb County; Macon-Bibb County Water and Sewerage Authority;
water distribution lines; petitions; costs ............................4556
Bleckley County; board of commissioners; created; referendum ...............4406
Brantley County; board of commissioners; compensation ......................4283
Brantley County; clerk of the superior court; judge of the probate court; tax
commissioner; compensation ............................................4971
Brantley County; superior court judges; supplements ........................3879
Brooks County; board of commissioners; compensation ........................3706
Brooks County; coroner placed on annual salary..............................3708
Bryan County; business and occupational license taxes.......................3855
Burke County; board of education; elections; referendum.....................4481
Butts County; board of commissioners; re-creation; elections; compensation .4348
Butts County; magistrate court; law library fees............................4934
Butts County; magistrate court; selection of chief magistrate ..............4596
XLII
INDEX
Calhoun County; chairman of the board of county commissioners;
compensation ...........................................................3841
Candler County; board of commissioners; membership; elections; chairman;
powers; referendum .....................................................4975
Candler County; magistrate court; appointment of chief magistrate and
magistrate..............................................................4800
Candler County; state court; comprehensive revision..........................4783
Candler County; tax commissioner; cost of collecting school taxes...........4798
Carroll County; board of education; school superintendent; referendums......3945
Carroll County; state court; judge and solicitor; compensation .............3569
Catoosa County; coroner; salary..............................................4584
Catoosa County; judge of the probate court; clerical help allowance ........4422
Catoosa County Development Authority; members; powers ......................4490
Charlton County; superior court judges; supplements .........................3879
Chatham County; magistrate court; judge emeritus of the Municipal Court of
Savannah; service as magistrate; judges pro tempore.....................4028
Chatham County; recorders court; creation; local constitutional amendment
continued............................................................. 4658
Chatham County; recorders court; jurisdiction; local constitutional amendment
continued...............................................................4150
Chatham County; state court; costs and fees ................................4082
Chattooga County; board of education; compensation ..........................4450
Chattooga County; local sales and use tax for education; local constitutional
amendment continued ....................................................4447
Chattooga County; state court; judge and solicitor; compensation ...........4965
Cherokee County; business and occupational license taxes....................4650
Cherokee County; State Court of Cherokee and Forsyth Counties; terms........3798
Clarke County; Athens-Clarke County Industrial Development Authority; local
constitutional amendment continued......................................4134
Clarke County; board of commissioners; compensation .........................4281
Clarke County-City of Athens school system; local constitutional amendments
continued...............................................................4165
Clayton County; board of commissioners; compensation ........................4455
Clayton County; civil service board; compensation ...........................4470
Clayton County; Clayton Judicial Circuit; court reporters ..................4534
Clayton County; Clayton Judicial Circuit; district attorney; salary
supplement .............................................................4464
Clayton County; Clayton Judicial Circuit; judges; salary supplement ........4460
Clayton County; coroner; compensation........................................4969
Clayton County; judge of the probate court; compensation....................4466
Clayton County; magistrates; bonds ..........................................4536
Clayton County; sheriff; clerk of the superior court; deputy clerk;
compensation ...........................................................4468
Clayton County; state court; deposits for advance costs.....................4538
Clayton County; state court; judges; compensation............................4462
Clayton County; state court; solicitor; salary; retirement ..................4458
Clayton County; tax commissioner; deputy tax commissioner; compensation .... 4472
Clinch County; board of commissioners; chairman; salary .....................3972
Clinch County; board of commissioners; elections.............................4720
Clinch County; board of commissioners; salaries..............................3974
Clinch County; board of education; elections ................................4714
Clinch County; board of education; elections; districts; referendum.........4918
INDEX
XLIII
Clinch County; state court; salary of judge and solicitor....................4183
Clinch County; tax commissioner; salary........................................3976
Cobb County; board of commissioners; compensation............................3862
Cobb County; board of education; compensation ...............................4007
Cobb County; board of elections and registration; created ...................4653
Cobb County; chief deputy sheriff; chief investigator .......................4003
Cobb County; community improvement districts; taxes; bonds ..................4009
Cobb County; district attorney; investigators; chief investigator; assistant district
attorneys ................................................................4255
Cobb County; judge of the probate court; clerk; compensation................... 3864
Cobb County; state court; clerk; chief assistant clerk; solicitor; chief assistant
and assistant solicitors; compensation....................................4508
Cobb County; state court; clerks bond.......................................4334
Cobb County; state court; judges; compensation.................................3833
Coffee County; superior court judges; supplements..............................3879
Colquitt County; board of education; school superintendent; local constitutional
amendment continued ......................................................4747
Colquitt County; license fees and occupational taxes; local
constitutional amendment continued...................................... 4433
Colquitt County; Moultrie-Colquitt County Development Authority;
local constitutional amendment continued..................................4745
Colquitt County; state court; judge and solicitor; salary ...................4227
Columbia County; board of commissioners; compensation; meetings .............5100
Columbus, Georgia; "councilman changed to "councilor in charter ...........3784
Columbus, Georgia; municipal court; judge; compensation .....................4214
Columbus, Georgia; municipal court; jurisdiction; costs; transfer of cases ..4593
Cook County; board of commissioners; elections ..............................4413
Coweta County; board of education..............................................4444
Coweta County; board of education; leases and contracts; local constitutional
amendment continued ......................................................4177
Coweta County; magistrate court; judge; election ..............................4441
Coweta County; municipalities therein; ad valorem tax exemption of certain
personal property; local constitutional amendment continued ..............3921
Coweta County; schools merged with Newnan schools; local constitutional
amendment continued ......................................................4171
Coweta County; water, sanitation, sewerage, and fire districts; local constitutional
amendment continued ......................................................4175
Coweta County Development Authority; local constitutional amend-
ment continued .......................................................... 4173
Crisp County; hydro-electric power bonds; local constitutional amend-
ment continued ...........................................................3810
Crisp County; hydro-electric power bonds; local constitutional amend-
ment continued ...........................................................3812
Dade County Water and Sewer Authority; revenue bonds ......................... 3839
Dawson County; business and occupational license taxes ........................4179
Dawson County; clerk of the superior court; judge of the probate court;
compensation ............................................................ 4518
Dawson County; commissioner; compensation .....................................4036
Dawson County; tax commissioner; compensation..................................4516
Dawson County Industrial Building Authority; local constitutional amendment
continued................................................................ 4117
Decatur County; judge of the probate court placed on annual salary ............4419
XLIV
INDEX
Decatur County-Bainbridge Industrial Development Authority;
local constitutional amendment continued...................................3928
DeKalb County and municipalities therein; alcoholic beverage tax for educational
purposes; local constitutional amendment continued.........................3730
DeKalb County; board of education; compensation................................3847
DeKalb County; board of education; elections; local constitutional amendment
continued..................................................................4078
DeKalb County; civil service and merit system; local constitutional amendment
continued..................................................................3771
DeKalb County; county-wide library system in Fulton County .................... 4327
DeKalb County; garbage disposal; sanitation districts; local constitutional
amendment continued .......................................................3712
DeKalb County; magistrate court ................................................4819
DeKalb County; medical examiner; local constitutional amendment
continued..................................................................3800
DeKalb County; ordinances; penalties; business licenses; recorders court; local
constitutional amendment continued........................................ 4279
DeKalb County; payment for personal property damaged by county employees;
local constitutional amendment continued...................................5006
DeKalb County; recorders court; jurisdiction; local constitutional amendment
continued..................................................................4277
DeKalb County; state court; additional judge....................................5140
DeKalb County; state court; assistant solicitor ................................4369
DeKalb County; Stone Mountain Memorial Association; ordinances; courts ..........448
DeKalb County; street improvements in subdivisions; local constitutional
amendment continued .......................................................3728
DeKalb County; tax for educational purposes; local constitutional amendment
continued................................................................. 4080
DeKalb Junior College; acquisition by the Board of Regents of the University
System of Georgia...........................................................598
Dooly County; board of commissioners; compensation .............................4585
Dougherty County; Albany Dougherty Payroll Development Authority; local
constitutional amendment continued.........................................3904
Douglas County; Douglasville-Douglas County Water and Sewer Authority re-
created ...................................................................3584
Early County; clerk of superior court placed on annual salary . ...............3989
Early County; state court; assistant district attorney; service as solicitor ...4343
Echols County; board of commissioners; compensation ............................4274
Effingham County; state court; judge and solicitor; salary .....................4866
Elbert County; state court; terms; salaries of judge and solicitor; clerk;
jurors ....................................................................4188
Evans County Industrial Development Authority; local constitutional amendment
continued..................................................................4232
Fayette County; clerk of the superior court; compensation.......................4973
Fayette County; judge of the probate court; compensation........................4477
Fayette County; school district; ad valorem tax exemption for elderly and disabled
residents; referendum......................................................3992
Fayette County; school superintendent; appointment by board of education;
referendum ................................................................4198
Fayette County; sheriff; compensation ..........................................4479
Fayette County; tax commissioner; compensation..................................4475
Floyd County; merit system; investigators; assistant district attorneys.........4930
INDEX
XLV
Floyd County; Rome-Floyd County Development Authority; local constitutional
amendment continued ..................................... ............4877
Floyd County; Rome Judicial Circuit; investigators ........................4424
Floyd County Hospital Authority; vacancies.................................4427
Forsyth County; board of education; compensation and expenses..............4411
Forsyth County; board of education; local constitutional amendment continued . 3704
Forsyth County; Etowah-Forsyth Water Authority; sewage systems ............4925
Forsyth County; State Court of Cherokee and Forsyth Counties; terms .......3798
Forsyth County; terms of superior court ...................................281
Fulton County; board of education; election districts......................3723
Fulton County; City of Atlanta and Fulton County Recreation Authority; projects;
contracts ............................................................. 4235
Fulton County; county-wide library system....................................4327
Fulton County; state court; costs and fees of clerk and marshall ..........3773
Gilmer County; commissioner; compensation....................................4587
Gilmer County; tax commissioner; compensation and commissions .............4504
Glascock County; clerk of the superior court placed on annual salary ......4487
Glynn County; board of commissioners; compensation.........................3906
Glynn County; board of education; compensation ..............................3860
Glynn County; Brunswick-Glynn County Charter Commission .....................3605
Glynn County; Brunswick-Glynn County Charter Commission; local consti-
tutional amendment continued ...........................................3603
Glynn County; clerk of the superior court; personnel ......................3732
Glynn County; coroner; compensation .........................................4152
Gordon County; conveyance of state property ..................................559
Greene County; board of education; local constitutional amendment
continued...............................................................4248
Greene County Development Authority; local constitutional amendment con-
tinued .................................................................4246
Gwinnett County; educational funds collected by tax commissioner ..........4741
Gwinnett County; homestead exemption from Gwinnett County School District
ad valorem taxes; referendum............................................5106
Habersham County; board of commissioners; elections; purchases and repairs ... 4808
Habersham County; board of education; borrowing funds; local constitutional
amendment continued ....................................................4205
Habersham County Industrial Development Authority; local constitutional
amendment continued ....................................................4207
Hall County; state court; assistant solicitors; clerical employees of the solicitor . 3566
Hart County Industrial Building Authority; local constitutional amendment
continued...............................................................4453
Heard County; board of education; elections; referendum......................5078
Heard County; clerk of the superior court; salary............................3520
Heard County; county commissioner; compensation..............................3511
Heard County; judge of the probate court; compensation ......................3516
Heard County; sheriff; compensation .........................................3518
Heard County; tax commissioner; salary; personnel............................3513
Henry County and municipalities therein; ad valorem tax exemption on personal
property in transit; local constitutional amendment continued ..........3938
Henry County; board of commissioners; publication of financial reports and audits;
treasurers reports; appointments.......................................3942
Henry County; board of education; composition; local constitutional amendment
continued...............................................................3932
XL VI
INDEX
Henry County; board of education; elections ..................................4938
Henry County; water and sewer bonds; local constitutional amendment con-
tinued .........................................................................3936
Henry County; water and sewer tax; local constitutional amendment continued . 3940
Henry County Community Improvement Districts Act .............................4946
Henry County Development Authority; expenses; compensation; ratification of
actions ..................................................................3549
Henry County Development Authority; local constitutional amendment con-
tinued ....................................................................3831
Henry County Water and Sewerage Authority; members holding other
offices ..................................................................3934
Houston County; board of education; grants for handicapped citizens; local
constitutional amendment continued........................................4329
Houston County; branch offices for county government and board of education;
local constitutional amendment continued..................................4869
Houston County; special court; local constitutional amendment continued ......4871
Houston County; superior court judges; salary supplements ....................4591
Houston County Development Authority; local constitutional amendment
continued.................................................................4873
Irwin County; board of commissioners; compensation; secretary.................4915
Irwin County; sheriff; personnel ..............................................4403
Jackson County; board of commissioners; compensation ..........................4200
Jeff Davis County; board of education; elections; referendum .................4493
Jefferson County; tax commissioner; compensation...............................3741
Johnson County; judge of the probate court; clerical assistance ..............4365
Johnson County; superior court judges; salary supplements ....................3806
Jones County; board of education; dates corrected .............................4144
Lamar County; board of commissioners; elections................................5020
Lamar County; magistrate court; law library fees...............................4437
Lanier County; board of commissioners; elections; terms .......................3820
Lanier County; board of education; elections; terms; referendum................3966
Laurens County; superior court judges; salary supplements......................3806
Laurens County; tax commissioner; compensation ................................4541
Lee County; board of commissioners; re-creation; elections; terms; qualifications;
vacancies; powers ........................................................4250
Lincoln County; board of commissioners; chairmans compensation................4331
Long County; board of commissioners; compensation..............................4230
Lowndes County; ad valorem tax exemption for real property of historical interest;
local constitutional amendment continued..................................3661
Lowndes County; assessments for street improvements; local constitutional
amendment continued ..................................................... 3657
Lowndes County; board of commissioners; compensation ..........................3794
Lowndes County; board of education; local constitutional amendment
continued.................................................................4132
Lowndes County; board of tax assessors; local constitutional amendment
continued.................................................................3888
Lowndes County; combined city-county revenue and tax administrations; local
constitutional amendment continued........................................3663
Lowndes County; homestead exemptions from ad valorem taxes;
local constitutional amendment continued..................................3655
Lowndes County; itinerant peddlers, vendors, and tradesmen; licenses; local
constitutional amendment continued........................................3659
INDEX
XL VII
Lowndes County; license tax on businesses; local constitutional amendment
continued................................................................3651
Lowndes County; Valdosta-Lowndes County Industrial Authority;
local constitutional amendment continued...............................3710
Macon County; board of commissioners; membership; elections ................3849
Macon County; board of education; elections ................................4112
Macon County Industrial Building Authority; local constitutional amendment
continued................................................................3843
Madison County; board of commissioners; salaries and expenses; clerk; employees
retirement.............................................................. 4802
Madison County; board of education; local constitutional amendment continued . 4834
Madison County; clerk of the superior court; judge of the probate court; tax
commissioner; compensation; personnel; budgets ..........................4770
Madison County; sheriff; compensation; personnel; budgets ....................4777
Madison County Industrial Development and Building Authority; local consti-
tutional amendment continued ............................................4832
Madison County Industrial Development and Building Authority; membership;
officers; compensation; by laws .........................................4781
Marion County; board of education; districts; elections; referendum ........4573
McDuffie County; tax commissioner; compensation; chief deputy; vacancies ...5103
McIntosh County Industrial Development Authority; local constitutional amend-
ment continued ..........................................................3501
McIntosh County Industrial Development Authority; project; definition.........3503
Meriwether County; board of commissioners; elections .......................3895
Meriwether County; board of education; elections; school superintendent ....4611
Metropolitan Atlanta Rapid Transit Authority; board of directors..............3609
Mitchell County; school district; local sales and use tax; local constitutional
amendment continued .....................................................3719
Mitchell County Development Authority; local constitutional amendment con-
tinued ..................................................................3890
Montgomery County; clerk of superior court placed on annual salary .........3959
Montgomery County Development Authority; local constitutional amendment
continued................................................................3964
Morgan County; board of education; school superintendent; referendum .......4643
Morgan County; magistrate court; clerk; costs.................................3857
Murray County; clerk of the superior court, sheriff, judge of the probate court,
and tax commissioner; compensation.......................................3573
Murray County; commissioner; compensation ....................................3581
Murray County; coroner; compensation; deputy coroner..........................3579
Murray County Industrial Development Authority; local constitutional amend-
ment continued ..........................................................3792
Muscogee County; coroner placed on annual salary..............................4216
Muscogee County; school district; contracts; purchases .......................3782
Muscogee County; school district; council districts used for appointment of board
of education ............................................................3886
Muscogee County; school district; public art galleries .......................4439
Newton County; board of commissioners; compensation ..........................4136
Newton County; board of education; compensation...............................4641
Newton County Industrial Development Authority; local constitutional amend-
ment continued ..........................................................4932
Paulding County; tax commissioners compensation..............................3702
Pierce County; board of commissioners; elections; referendum .................4836
XL VIII
INDEX
Pierce County; board of education; elections; referendum...................4841
Pierce County; state court; judge and solicitor; compensation .............4186
Pierce County; superior court judges; supplements..........................3879
Polk County; board of education recreated; referendum .....................4985
Polk County; tax commissioner; compensation................................3796
Polk County Water Authority; compensation..................................4743
Putnam County; board of education; local constitutional amendment continued . 3818
Putnam County Development Authority; local constitutional amendment con-
tinued ................................................................... 3955
Randolph County; board of commissioners; compensation......................3778
Randolph County; deputy sheriffs; expenses of sheriffs office .............3646
Richmond County; clerk of the superior court; judge of the probate court; tax
commissioner; coroner; civil court judges; sheriff; compensation .....5003
Richmond County; license fees and business taxes; local constitutional amend-
ment continued .........................................................4138
Richmond County; Pine Hill Water and Sewerage Authority Act repealed.......3802
Richmond County; Sheriffs Merit System Board; powers and duties............4816
Richmond County Hospital Authority; membership; vacancies...................3892
Rockdale County; board of commissioners; compensation ......................4668
Rockdale County; chief magistrate; salary...................................4156
Rockdale County; clerk of superior court; compensation......................4671
Rockdale County; coroner; compensation......................................4162
Rockdale County; judge of the probate court; salary ........................4158
Rockdale County; sheriff; compensation......................................4160
Rockdale County; sheriff; personnel ........................................4001
Rockdale County; tax commissioner; salary ..................................4154
Schley County Airport Authority; created....................................4681
Seminole County; clerk of the superior court; compensation .................4526
Seminole County; judge of the probate court; compensation ..................4523
Seminole County; sheriff; compensation......................................4529
Seminole County; tax commissioner; compensation ............................4520
Spalding County; board of commissioners; membership; elections ............3615
Spalding County; chief magistrate; compensation.............................4435
Spalding County; Griffin-Spalding County Development Authority; local consti-
tutional amendment continued ...........................................3845
Spalding County; tax commissioner; compensation.............................4345
Stewart County; clerk of superior court; compensation.......................3826
Stewart County; deputy sheriff; compensation................................3649
Stewart County; judge of the probate court; compensation...................3826
Stewart County; sheriff; compensation.......................................3978
Stewart County; tax commissioner; compensation..............................3980
Stephens County; state court re-created.................................... 4673
Tattnall County; board of commissioners; composition; elections; powers and
duties; employees; county attorney.....................................4624
Tattnall County; board of education; elections; compensation ...............4760
Tattnall County; board of education; elections; local constitutional amendment
continued..............................................................4271
Tattnall County; state court; compensation of judge, solicitor, and clerical
assistants.............................................................4620
Tattnall County Industrial Development Authority; local constitutional amend-
ment continued .........................................................4754
Taylor County; board of commissioners; districts; elections ................5008
INDEX
XLIX
Taylor County; board of education; elections; referendum ....................5087
Thomas County; board of education and school superintendent; local consti-
tutional amendment continued .............................................4554
Tift County; board of commissioners; purchases and contracts ................4875
Tift County; board of elections and registration; created....................4193
Toombs County Development Authority; local constitutional amendment con-
tinued ...................................................................3962
Towns County; treasurer; office abolished ....................................4768
Treutlen County; superior court judges; salary supplements ..................3806
Treutlin County Development Authority; local constitutional amendment con-
tinued ...................................................................3983
Troup County; board of commissioners; compensation............................3911
Troup County; board of commissioners; districts...............................4598
Troup County; chief magistrate; compensation .................................3817
Troup County; compensation of sheriff, clerk of superior court, tax commissioner,
and judge of the probate court...........................................3908
Troup County; coroner; salary ................................................3815
Troup County; state court; compensation of judge and solicitor ..............3914
Twiggs County; superior court judges; salary supplements......................3806
Union County Hospital Authority; vacancies....................................4268
Upson County; Thomaston-Upson County Industrial Development Authority;
local constitutional amendment continued.................................3737
Walker County Development Authority; local constitutional amendment con-
tinued ...................................................................4169
Walker County Rural Water and Sewer Authority; membership; revenue
bonds ...................................................................3552
Walton County; board of commissioners; chairmans expense allowance .........3829
Walton County; board of commissioners; compensation...........................3985
Ware County; superior court judges; supplements...............................3879
Warren County; board of commissioners; chairman; county attorney; audits .... 4429
Warren County; clerk of the superior court; deputy clerks compensation.......4567
Warren County; tax commissioner; personnel; compensation......................4569
Washington County; board of commissioners; re-creation; elections;
compensation ............................................................4882
Washington County; tax commissioner; compensation.............................4363
Wayne County; industrial development tax; local constitutional amendment
continued................................................................4589
Wayne County; state court; judge and solicitor; compensation; secretarial
allowance.............................................................. 4104
White County; board of education; elections; local constitutional amendment
continued................................................................4563
White County; clerk of the superior court; personnel .........................4452
White County; tax commissioner; compensation .................................4146
White County Industrial Building Authority; local constitutional amendment
continued................................................................4565
Whitfield County; board of elections and registration; created ...............4749
Wilkes County; board of education; election districts.........................3558
Wilkes County; homestead exemption from county and school district ad valorem
taxes; referendum .......................................................4580
Wilkinson County; magistrate court; cost-of-living increases for magistrates and
clerk ...................................................................3999
Worth County; board of commissioners; compensation............................4578
L
INDEX
COUNTIES AND COUNTY MATTERS BY POPULATION
15,200-15,400; coroners; compensation repealed..............................282
34,500-34,000; changed to 34,500-34,600; development authority boards of
directors..............................................................390
60.000- 67,000; board of elections; repealed...............................614
165.000- 175,000; Act providing compensation of coroners repealed...........405
190.000- 210,000; state courts; advanced deposit of costs repealed .........354
300,000, not less than; tax commissioners and tax collectors as ex officio
sheriffs .............................................................1492
400.000 or more; zoning and planning .....................................1178
450.000 or more; abatement of public nuisances injurious to public health, safety,
or comfort ............................................................388
550.000 or more; county boards of health ..................................384
550,000 or more; magistrate court jurisdiction............................ 352
COUNTY MATTERSHOME RULE AMENDMENTS
Ben Hill County; Fitzgerald and Ben Hill County Development Authority; local
constitutional amendment continued....................................5190
Bibb County; Macon-Bibb County Industrial Authority; local constitutional
amendment continued ..................................................5168
DeKalb County; pension board; retirement benefits .........................5164
Franklin County; Franklin County Industrial Building Authority; local
constitutional amendment continued....................................5186
Henry County; ad valorem tax exemption of capital improvements of new
manufacturing establishments; local constitutional amendment
continued.............................................................5171
Henry County; ad valorem tax exemption on tangible personal property in transit;
local constitutional amendment continued..............................5178
Henry County; water or water and sewerage revenue bonds; local constitutional
amendment continued ...................................................5159
Richmond County; employees pension fund...................................5194
MUNICIPAL CORPORATIONS
NAMED CITIES
Albany Dougherty Payroll Development Authority; local constitutional
amendment continued ...................................................3904
Ashburn; tax for promotion of industry; local constitutional amendment
continued.............................................................4148
Athens-Clarke County Industrial Development Authority; local constitutional
amendment continued ...................................................4134
Athens-Clarke County school system; local constitutional amendments
continued.............................................................4165
Atlanta; City of Atlanta and Fulton County Recreation Authority; projects;
contracts ............................................................ 4235
Atlanta; county-wide library system........................................4327
Atlanta; Metropolitan Atlanta Rapid Transit Authority; board of directors ..3609
Atlanta; municipal court; costs and fees of clerk and marshall.............3773
Atlanta; park improvement tax levy.........................................4660
Atlanta; redevelopment powers; referendum ................................,4371
Austell; corporate limits..................................................3633
Baconton; mayor and councilmen; elections ..................................3561
INDEX LI
Bainbridge; aldermen; number; elections........................................4262
Bainbridge; Decatur County-Bainbridge Industrial Development Authority; local
constitutional amendment continued........................................3928
Bainbridge; Downtown Bainbridge Development Authority; local constitutional
amendment continued .................................................... 3930
Baxley; councilmen; elections..................................................4337
Blairsville; council meetings; executions; tax levies; mayor and council; city court;
fines ...............................1...................................4736
Bloomingdale; vice-mayor ......................................................4119
Bowdon; homestead exemption on city ad valorem taxes; local constitutional
amendment continued ......................................................4814
Brunswick-Glynn County Charter Commission .....................................3605
Brunswick-Glynn County Charter Commission; local constitutional amendment
continued.................................................................3603
Byromville; new charter........................................................4040
Cairo; City of Cairo Development Authority; local constitutional amendment
continued.................................................................3780
Cairo; municipal court; name; fines; city officials............................4323
Camilla; Downtown Camilla Development Authority; local constitutional amend-
ment continued ...........................................................4936
Carrollton; board of education; election.......................................3916
Carrollton; mayor and councilmen; elections ................................. 3542
Carrollton Payroll Development Authority; local constitutional amendment
continued.................................................................3987
Centerville; mayor and councilmen; qualifications .............................4830
Chamblee; mayor and councilmen; terms; city elections..........................3644
Chatsworth; election date .....................................................3923
Clarkesville; homestead exemption for persons 65 or older; local constitutional
amendment continued ......................................................4208
Clarkesville; mayor and council; election date.................................4562
Clarkesville; nonprofit housing for elderly persons; local constitutional amend-
ment continued ...........................................................4210
Clarkesville Industrial Building Authority; local constitutional amendment
continued.................................................................4212
College Park; ad valorem taxes ................................................4512
College Park; homestead exemptions; referendum ................................4513
Columbus, Georgia; "councilman changed to "councilor in charter ............3784
Columbus, Georgia; municipal court; judge; compensation .......................4214
Columbus, Georgia; municipal court; jurisdiction; costs; transfer of cases ....4593
Damascus; new charter..........................................................3673
Decatur; homestead exemption for certain residents 62 or older; referendum ... 4140
DeKalb County; municipalities in DeKalb County; alcoholic beverage tax for
educational purposes; local constitutional amendment continued ...........3730
Doerun; recorders court; penalties ...........................................4234
Donalsonville; mayor and council; elections ...................................4239
Douglasville; mayor and councilmen; elections .................................4375
Douglasville-Douglas County Water and Sewer Authority re-created ..............3584
Eatonton; corporate limits.....................................................4182
Fairmount; council; elections; terms...........................................4666
Glennville; mayor and council; elections ......................................4756
Grantville; new charter .......................................................5030
Griffin; board of commissioners; elections; terms..............................3626
LII
INDEX
Griffin-Spalding County Development Authority; local constitutional amendment
continued.................................................................3845
Hazlehurst; mayor and board of commissioners; elections ......................4547
Helen; new charter ............................................................3743
Henry County and municipalities therein; ad valorem tax exemption on personal
property in transit; local constitutional amendment continued ...........3938
Ila; mayor; term of office ....................................................3883
Irwinton; name changed; chief of police; mayor and aldermen; recorder and
recorder pro tempore .....................................................4731
Ivey; corporate limits; elections; recorders court............................4220
Jesup; mayor and commissioners; elections; compensation.......................4121
Kingsland; city manager .......................................................4698
Kite; councilmen; number changed...............................................4367
Lafayette; elections; vacancies; investigations; mayors powers; city manager .... 4106
LaGrange; corporate limits ....................................................3505
LaGrange; Downtown LaGrange Development Authority; district limits............4090
Lyons; mayor and council; elections ......................................... 3714
Lyons Development Authority; local constitutional amendments continued ........4501
Macon; corporate limits .......................................................4727
Macon-Bibb County Industrial Authority; additional member......................3600
Macon-Bibb County Water and Sewerage Authority; employees pension plan ... 4543
Macon-Bibb County Water and Sewerage Authority; water distribution lines;
petitions; costs .........................................................4556
Marietta; annexation; meetings of legislative delegation.......................5111
Marietta; corporate limits..............................................5113, 5147
Marietta; de-annexation of property............................................5143
Marietta; Downtown Marietta Development Authority; district enlarged .. 4506, 4911
Milledgeville; corporate limits; city officers; terms; vacancies ..............4031
Moreland; new charter..........................................................5053
Morganton; mayor and councilmen; terms; elections; vice-mayor..................4879
Moultrie; mayor and council; elections; avorum; vacancies; board of health;
interest on taxes; civil service abolished................................3522
Moultrie-Colquitt County Development Authority; local constitutional amend-
ment continued ............................................................4745
Newnan; board of water, sewerage, and light commission; local constitutional
amendment continued .................................................. 4258
Newnan; board of water, sewerage, and light commission; local constitutional
amendment continued ......................................................4260
Newnan; schools merged with Coweta County Schools; local constitutional amend-
ment continued ............................................................4171
Oakwood; corporate limits......................................................4603
Oliver; new charter............................................................4377
Peachtree City; mayor; voting; veto powers ....................................4202
Pembroke; new charter......................................................... 4846
Perry; mayor and council; residency; districts ................................3531
Perry; mayor pro tempore; conflicts of interest; legal representation; city manager;
fiscal year ..............................................................3535
Powder Springs; corporate limits...............................................4075
Quitman; board of commissioners; composition; elections; referendum ...........4635
Rome-Floyd County Development Authority; local constitutional amendment
continued.................................................................4877
Royston; new charter ..........................................................4286
INDEX LIII
Sale City; corporate limits..................................................4944
Sandersville; mayor and aldermen; elections; mayor pro tem .................4902
Senoia; corporate limits ....................................................3867
Smyrna; mayor and councilmen; terms; referendum .............................4072
Stone Mountain; city manager.................................................4164
Sugar Hill; corporate limits; council meetings; ordinances...................4701
Sumner; mayor and council; elections; terms; election day...................3775
Sylvester; mayor and council; elections .....................................4317
Tennille; mayor and aldermen; elections; mayor pro tem.......................4894
Thomaston; mayor and council; elections; qualifications......................3665
Thomaston; water, sewer, and electric system; local constitutional amendment
continued...............................................................3739
Thomaston Office Building Authority; local constitutional amendment
continued...............................................................3735
Thomaston-Upson County Industrial Development Authority; local constitutional
amendment continued ....................................................3737
Thomasville Payroll Development Authority; local constitutional amendment
continued...............................................................4552
Trion; homestead exemption for elderly residents; local constitutional amendment
continued...............................................................4967
Trion; local sales and use tax for education; local constitutional amendment
continued...............................................................4447
Tybee Island; easement for fishing pier ......................................605
Tyrone; mayor and councilmen; elections .....................................4571
Union City; municipal court; associate judge ................................4844
Valdosta; Central Valdosta Development Authority; local constitutional amend-
ment continued .........................................................3871
Valdosta; combined city-county revenue and tax administrations; local consti-
tutional amendment continued ...........................................3663
Valdosta; homestead exemptions from ad valorem taxes; local constitutional
amendment continued ....................................................3653
Valdosta-Lowndes County Industrial Authority; local constitutional amendment
continued...............................................................3710
Vidalia Development Authority; local constitutional amendment continued.....3957
Warner Robins; municipal court; penalties....................................4218
White; board of aldermen; vacancies .........................................3790
Winterville; mayor and councilmen; terms; elections..........................3925
Woodstock; corporate limits..................................................3869
MUNICIPALTIES BY POPULATION
400,000 or more; Urban Residential Finance Authorities Act for
Large Municipalities.....................................................391
400,000 or more; zoning and planning by cities in counties of................1178
MUNICIPALITIESHOME RULE AMENDMENTS
Albany; mayor pro tem .......................................................5242
Albany; paving of alleys; costs ............................................. 5239
Atlanta; full-time employees of commissions, councils, and boards ...........5232
Blairsville; mayor and council members; compensation.........................5323
College Park; College Park Business and Industrial Development Authority; local
constitutional amendment continued......................................5311
LIV
INDEX
Cedartown; Cedartown Development Authority; local constitutional amendment
continued............................................................5341
College Park; city manager; removal ......................................5316
Cordele; city manager; safety director ...................................5213
Covington; fines; alternate recorder; search warrants ....................5208
Covington; mayor and council members; salaries ...........................5323
Decatur; employees retirement system; minimum retirement benefits........5205
Decatur; temporary loan provisions repealed...............................5225
Dillard; recorder; penalties ........................................... 5262
Douglas; Douglas-Coffee County Industrial Authority; local constitutional amend-
ment continued ......................................................5300
East Point; mayor and council; salaries...................................5255
East Point; rewards.......................................................5228
Fitzgerald; board of education; compensation..............................5290
Fitzgerald; Fitzgerald and Ben Hill County Development Authority; local consti-
tutional amendment continued ....................................... 5326
Franklin; mayor and councilmen; compensation; mayors or recorders court;
penalties ...........................................................5286
Hazlehurst; recorders court; penalties...................................5245
Macon; Macon-Bibb County Industrial Authority; local constitutional amendment
continued............................................................5274
Macon; Macon-Bibb County Urban Development Authority; local constitutional
amendment continued .................................................5269
Macon; pensions and retirement system; benefits ..........................5293
Marietta; chiefs of police and fire departments; civil service ...........5264
Marietta; council members; mileage allowance; per diem....................5307
Rockmart; interest rate on delinquent taxes ..............................5220
Savannah; city contracts; competitive bidding; bonds......................5332
Savannah; civil service...................................................5336
Savannah; street improvements; bonds .....................................5279
Tyrone; contracts ........................................................5304
Union City; municipal court; penalties....................................5253
RESOLUTIONS AUTHORIZING COMPENSATION
Baldwin County Board of Commissioners ......................................567
Burns, David M.............................................................575
Burns, Sheila J. and Kenneth A.............................................590
Chancellor, Ms. Charlotte .................................................581
Hamby, Ms. Christine Carol ................................................ 607
Hammonds, Eddie, Jr........................................................324
Keen, Floyd ................................................................582
RESOLUTIONS AUTHORIZING LAND CONVEYANCES, LEASES, AND
EASEMENTS
Acworth, City of; easement to..............................................583
Berrien County; release of reverters in fee simple deeds without warranty.600
Brantley County Board of Commissioners..................................... 347
Conveyance of state owned property in the City of Dalton authorized ......579
Disposition of state owned real properties under the custody of the Department
of Labor ..............................................................571
Emanuel County Board of Commissioners......................................322
INDEX LV
General Telephone Company of the Southeast...............................328
Glynn County Board of Commissioners; United States of America............342
Gordon County Board of Commissioners ...................................... 559
Gruman Aerospace Corporation; conveyance ................................319
Kingston, City of; conveyance.............................................335
Pelham Development Corporation............................................569
Savannah; easement to.....................................................339
Shinall, Rita N.; conveyance to...........................................611
Southern Railway Company; lease of property in Chattanooga, Tennessee ...577
Tybee Island; easement....................................................605
United States of America..................................................331
MISCELLANEOUS RESOLUTIONS
Antebellum Trail designated...............................................568
Commission on Governmental Liability......................................750
Cone, Captain William, Bridge designated..................................610
DeKalb Junior College; acquisition by the Board of Regents of the University
System of Georgia....................................................598
"Garden week designated..................................................256
Georgia Medal of Honor....................................................561
Guess, George (Sequoyah); portrait placed in state capitol ..............596
Hazardous Materials Emergency Response Advisory Council; created.........853
Joint Study Committee on Superior Court Judgeships.......................325
Joint Urban County and Municipal Study Committee created ................748
Kendrick, Charlie, Memorial Bridge designated ............................594
Lanier, Sidney; bust placed in state capitol.............................338
Layson, Horace "Gus, Memorial Bridge designated ........................327
Lindbergh, Charles A.; historical marker .................................563
Lindsey, Archie L., Memorial Bridge designated............................350
Local Constitutional Amendments Overview Committee........................586
Miller, Zell, Corporate Conference Center; designated....................566
Neville, Richard B., Memorial Bridge..................................... 589
Peeples, I. M., Memorial Bridge designated................................321
Right whale designated as the official Georgia state marine mammal.......747
Ross, John; portrait placed in state capitol.............................595
Scott, Walter A., Memorial Bridge ........................................564
Southern Regional Education Compact; admission of Oklahoma...............351
The Atlas of Georgia; designated as the official state atlas.............562
The Doctors Floyd Bridge designated ......................................608
Toombs Oak at University of Georgia; historical marker ..................592
Veterans Memorial Highway designated......................................576
INDEX
A-------
ABANDONED MOTOR VEHICLES
Definitions; foreclosure of liens; notices..........................1265
ABANDONED PROPERTY
Weapons held by law enforcement agencies.............................912
LVI
INDEX
ABORTION
Disposal of human fetuses ..........................................1421
ACTS
Effective dates of general Acts affecting compensation of county officers.984
ACWORTH, CITY OF
Easement to city ....................................................583
ADOPTION
Department of Human Resources; interstate compacts; reciprocal adoption
assistance services ............................................518
AD VALOREM TAX
Tax bills and notices of tax assessments; contents; forms ................1262
See also Revenue and Taxation
ADVERTISEMENTS, LEGAL ..................................................1042
AFRICAN DEVELOPMENT BANK
Investments by insurers authorized..................................1104
AGRICULTURE
Boll weevil eradication program ....................................1079
Brucellosis in cattle; restrictions on transportation and sale; liability;
records.........................................................704
Code revision .......................................................149
Farm machinery or equipment; mechanics liens; priority.............1107
Farm wineries; wine produced in Georgia.......................979, 1403
Georgia Agricultural Exposition Authority .......................... 801
Georgia Agricultural Exposition Authority Overview Committee;
creation.......................................................1110
Georgia Food Act; administrative penalties of the Commissioner of Agri-
culture .........................................................1444
Georgia Residential Finance Authority; family farm mortgages ........818
Grain dealers; licenses; renewal; revocation; bonds; actions.........643
Pecan equipment; sales and use tax exemption ........................624
Timber sales; wood load tickets; contents...........................1077
Warehouse operators; license renewal and revocation; bonds; actions .645
ALBANY, CITY OF
Albany Dougherty Payroll Development Authority; local constitutional
amendment continued............................................3904
Mayor pro tem.......................................................5242
Paving of alleys; costs ............................................5239
INDEX
LVII
ALBANY DOUGHERTY PAYROLL DEVELOPMENT AUTHORITY
Local constitutional amendment continued ..........................3904
ALCOHOLIC BEVERAGES
Age for purchase and consumption.................................. 753
Alcoholics; treatment; effective date of law extended ..............1185
Billiard rooms......................................................657
Code revision ......................................................149
Contraband.........................................................1118
Election day sales; procedure for authorizing; sales near polling places
prohibited.....................................................1508
Excise taxes on alcohol, distilled spirits, table wines, and dessert wines . 662, 665
Implied consent to chemical tests...................................758
Licenses; compliance with requirements.............................1118
Sales to underaged persons; counties and municipalities to notify Depart-
ment of Revenue of violations......................................1398
Sunday sales in certain municipalities; referendum ................1000
Underaged persons; misrepresentation of identity; furnishing alcoholic
beverages to underaged persons; penalties...............c.......782
Wine; farm wineries; sales; importation of wine in bulk; taxation...1403
Wine; produced in Georgia; farm wineries ...........................979
AMBULATORY SURGICAL CENTERS
Reports of nonaccidental injuries to patients.......................898
"AMUSEMENT RIDE SAFETY ACT
Regulation and licensing by the Department of Labor ................1453
ANIMALS
Cattle; brucellosis control and eradication; transportation; quarantines;
marks and brands; liability; records ...........................704
Code revision ......................................................149
Liability of owners and keepers for injuries caused by animals.....1033
Nongame Wildlife Conservation and Wildlife Habitat Acquisition Fund.700
Right whale designated as the official Georgia state marine mammal .747
Wild animals; dealers; licenses; auctions...........................913
ANTEBELLUM TRAIL ...................................................... 568
ANTIQUE SLOT MACHINES ...................................................888
APPEAL AND ERROR
New trials; orders; contents ......................................1312
Time; computation ..................................................648
APPEARANCE BONDS
Forfeiture where principal is in custody
982
lviii
INDEX
APPROPRIATIONS
General Appropriations Act for S.F.Y. 1985-86 ..................1521
Supplemental for Department of Labor.............................522
Supplemental for S.F.Y. 1984-85 ...................................2
Supplemental for S.F.Y. 1984-85 .................................223
Supplemental for S.F.Y. 1984-85 ................................ 677
ARMED ROBBERY OF A PHARMACY OR WHOLESALE DRUGGIST...................1036
ASHBURN, CITY OF
Tax for promotion of industry; local constitutional amendment
continued ..................................................4148
ATHENS, CITY OF
Athens-Clarke County Industrial Development Authority; local consti-
tutional amendment continued....................................4134
Athens-Clarke County school system; local constitutional amendments
continued ..................................................4165
ATHENS-CLARKE COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY
Local constitutional amendment continued .......................4134
ATHLETIC TRAINERS
Licenses; examinations...........................................985
ATLANTA, CITY OF
City of Atlanta and Fulton County Recreation Authority; projects;
contracts................................................. 4235
County-wide library system .....................................4327
Full-time employees of commissions, councils, and boards........5232
Municipal court; costs and fees of clerk and marshall ..........3773
Park improvement tax levy ......................................4660
Redevelopment powers; referendum................................4371
ATTORNEY GENERAL
Department of Labor; representation..............................708
ATTORNEYS
Fees in contempt of court actions involving child custody, child visitation,
and property division........................................877
AUCTIONS
Wild animal auctions
913
INDEX LIX
AUDITS
Consumers Utility Counsel .........................................494
AUSTELL, CITY OF
Corporate limits...................................................3633
AVIATION
Airport firefighters ..............................................1493
Municipal lands leased to private parties..........................1649
---B----
BACON COUNTY
Board of education; compensation...................................4273
Board of education; elections; referendum .........................4823
State Court of Bacon County; abolished ............................3510
Superior court judges; supplements ................................3879
BACONTON, CITY OF
Mayor and councilmen; elections ...................................3561
BAIL
Schedule I or II controlled substances; offenses bailable only before a superior
court judge.....................................................416
BAINBRIDGE, CITY OF
Aldermen; number; elections .......................................4262
Decatur County-Bainbridge Industrial Development Authority; local consti-
tutional amendment continued....................................3928
Downtown Bainbridge Development Authority; local constitutional amend-
ment continued..................................................3930
BALDWIN COUNTY
Board of commissioners; compensation for damages to airport hangar .567
Clerk of superior court; compensation..............................4086
Homestead exemption from Baldwin County School District ad valorem
taxes; referendum..............................................3835
Judge of the probate court; compensation ..........................4088
State court; judge and solicitor; compensation; terms of court ....3997
Tax commissioners; compensation ...................................3995
BANKING AND FINANCE
African Development Bank; investments by insurers authorized.......1104
Automated teller machines..........................................1131
LX
INDEX
Bank holding companies; merger of banks...............................1506
Checks; "engaging in the business of selling or issuing checks; defined .... 1131
Civil penalties for violation of orders of the Department of Banking and
Finance; definitions; receiving money for deposit................258
Code revision .........................................................149
Credit unions; separate classes of shares for borrowers and depositors; par
value; deposits by minors in their own names ....................823
Deposit of money of an intestate decedent; checks and instruments payable
to intestate decedents ..........................................1241
Financial institutions; subpoenas; five days to respond...............1467
Georgia Industrial Loan Act; universities, colleges, and student loans
exempted..........................................................249
Georgia offices of out-of-state banks or bank holding companies; banks
acquired by bank holding companies................................246
Gifts to minors; "financial institution defined ......................819
Minors; credit union deposits in a minors name ......................823
Motor vehicle finance..................................................698
State building and loan or savings and loan associations; investment of
government bond proceeds in certificates of deposit .............1461
Uniform Commercial Code; "bank redefined; agents .....................825
BANKS COUNTY
Board of commissioners; compensation .................................4532
Tax commissioner; compensation .......................................4503
BARBERS
Employment by beauty shops............................................1057
Licenses; military installations in Georgia; teaching; apprentices ...1419
Nursing homes.........................................................1133
BARTOW COUNTY
Chief magistrate; compensation........................................3788
Clerk of the superior court; compensation ............................4126
Commissioner; compensation ...........................................4130
Judge of the probate court; compensation .............................4126
Tax commissioner; compensation .......................................3786
Sheriff; compensation.................................................4126
BAXLEY, CITY OF
Councilmen; elections.................................................4337
BELOW COST SALES ACT
Sales of octane or cetane rated motor fuels ...........................458
BEN HILL COUNTY
Fitzgerald and Ben Hill County Development Authority; local constitutional
amendments continued ................................5190, 5326
INDEX LXI
BERRIEN COUNTY
Airport authority created .......................................3873
Magistrate court; law library fees...............................3721
Release of reverters in fee simple deeds without warranty ......600
BERRIEN COUNTY AIRPORT AUTHORITY
Created........................................................ 3873
BIBB COUNTY
Macon-Bibb County Industrial Authority; additional member .......3600
Macon-Bibb County Industrial Authority; local constitutional amendment
continued.............................................5168, 5274
Macon-Bibb County Urban Development Authority; local constitutional
amendment continued....................................... 5269
Macon-Bibb County Water and Sewerage Authority; employees pension
plan ........................................................4543
Macon-Bibb County Water and Sewerage Authority; water distribution lines;
petitions; costs.............................................4556
BILLIARD ROOMS
Alcoholic beverage sales .........................................657
BLAIRSVILLE, CITY OF
Council meetings; executions; tax levies; mayor and council; city court;
lines .......................................................4736
Mayor and council members; compensation..........................5319
BLIND PERSONS
Unfair practices by insurance companies ..........................464
BLOOMINGDALE, CITY OF
Vice-mayor ....................................................4119
BLUE RIDGE JUDICIAL CIRCUIT
Forsyth County; terms of superior court...........................281
BLECKLEY COUNTY
Board of commissioners; created; referendum .....................4406
BOARD OF OFFENDER REHABILITATION
Name changed to Board of Corrections; (see "Penal Institutions) .283
BOARD OF REGENTS
Employees of University System; conflicts of interest
882
LXII
INDEX
BOARDS OF ELECTIONS
Act providing boards in counties of 60,000-67,000 repealed.....614
BOILERS AND PRESSURE VESSELS
Inspections; rules; board .....................................213
BOLL WEEVIL ERADICATION ACT, GEORGIA...............................1079
BONDS
Appearance bonds; forfeiture where principal is in custody ....982
Georgia Allocation Plan; allocation of issuance of bonds among governmental
units......................................................1143
Local governments may invest proceeds in certain state building and loan
or savings and loan certificates of deposit ...............1461
Magistrate courts; cash bonds for ordinance violations..........417
BOWDON, CITY OF
Homestead exemption on city ad valorem taxes...................4814
BRANTLEY COUNTY
Board of commissioners; compensation ..........................4283
Board of commissioners; conveyance of state property ...........347
Clerk of the superior court; judge of the probate court; tax commissioner;
compensation...............................................4971
Superior court judges; supplements ............................3879
BROOKS COUNTY
Board of commissioners; compensation ..........................3706
Coroner placed on annual salary ...............................3708
BRUCELLOSIS IN CATTLE...............................................704
BRUNSWICK, CITY OF
Brunswick-Glynn County Charter Commission; local constitutional amend-
ment continued.................................................3603
Brunswick-Glynn County Charter Commission; time limits; referendums ... 3605
BRUNSWICK-GLYNN COUNTY CHARTER COMMISSION
Local constitutional amendment continued ......................3603
Time limits; referendums ......................................3605
BRYAN COUNTY
Business and occupational license taxes
3855
INDEX
LXIII
BUDGET ACT
Legislative budgets; transfer of funds ........................... 669
BUILDINGS AND HOUSING
Child care centers, homes, and institutions ..................... 963
Code revision .....................................................149
Elevator and escalator inspections; dates; inspectors; advisory
committee......................................................221
Georgia Residential Finance Authority; bonds; single-family residential hous-
ing program.......................................................1121
Georgia Residential Finance Authority; residential and family farm mort-
gages; definitions.................................................818
Group day-care homes and day-care centers; fire safety............1642
Handicapped persons; access to public buildings....................863
Landmark museum buildings........................................ 936
Urban Residential Finance Authorities Act For Large Municipalities
(400,000 or more) .............................................391
BURIAL OF DECEASED INDIGENT PERSONS ....................................265
BURKE COUNTY
Board of education; elections; referendum ........................4481
BURNS, DAVID M.
Compensation.......................................................575
BURNS, SHEILA J. AND KENNETH A.
Compensation.......................................................590
BUSINESS OPPORTUNITIES
Buyers right to cancel sale if seller fails to register with administrator.947
BUTTS COUNTY
Board of commissioners; re-creation; elections; compensation......4348
Magistrate court; law library fees................................4934
Magistrate court; selection of chief magistrate ..................4596
BYROMVILLE, TOWN OF
New charter ......................................................4040
----C----
CAIRO, CITY OF
City of Cairo Development Authority; local constitutional amendment
continued ....................................................3780
Municipal court; name of court; fines; city officials ............4323
LXIV
INDEX
CALHOUN COUNTY
Chairman of the board of county commissioners; compensation......3841
CAMILLA, CITY OF
Downtown Camilla Development Authority; local constitutional amendment
continued ...................................................4936
CANCER ADVISORY COMMITTEE
Membership; terms; qualifications ...............................1186
CANDLER COUNTY
Board of commissioners; membership; elections; chairman;
powers; referendum ...................................... 4975
Magistrate court; appointment of chief magistrate and magistrate.4800
State court; comprehensive revision..............................4783
Tax commissioner; cost of collecting school taxes................4798
CARROLL COUNTY
Board of education; school superintendent; referendums ..........3945
State court; judge and solicitor; compensation ..................3569
CARROLLTON, CITY OF
Board of education; election.....................................3916
Carrollton Payroll Development Authority; local constitutional amendment
continued ...................................................3987
Mayor and councilmen; elections .................................3542
CARROLLTON PAYROLL DEVELOPMENT AUTHORITY
Local constitutional amendment continued ........................3987
CATOOSA COUNTY
Catoosa County Development Authority; members; powers............4490
Coroner; salary..................................................4584
Judge of the probate court; clerical help allowance..............4422
CATOOSA COUNTY DEVELOPMENT AUTHORITY
Members; powers..................................................4490
CAVES
Entering posted or protected caves without permission; penalty ..1075
CEDARTOWN, CITY OF
Cedartown Development Authority; local constitutional amendment con-
tinued ........................................................ 5341
INDEX
LXV
CENTERVILLE, CITY OF
Mayor and councilmen; qualifications .......................4830
CENTRAL VALDOSTA DEVELOPMENT AUTHORITY
Local* constitutional amendment continued ..................3871
CHAIN LETTERS
Lotteries.....................................................437
CHAMBLEE, CITY OF
Mayor and councilmen; terms; city elections..................3644
CHANCELLOR, MS. CHARLOTTE
Compensation..................................................581
CHARLTON COUNTY
Superior court judges; supplements ......................... 3879
CHATHAM COUNTY
Magistrate court; judge emeritus of the Municipal Court of Savannah; service
as magistrate; judges pro tempore.................................4028
Recorders court; creation; local constitutional amendment continued.4658
Recorders court; jurisdiction; local constitutional amendment continued ... 4150
State court; costs and fees................................4082
CHATSWORTH, CITY OF
Election date...................................................3923
CHATTOOGA COUNTY
Board of education; compensation................................4450
Local sales and use tax for education; local constitutional amendment con-
tinued ..........................................................4447
State court; judge and solicitor; compensation .................4965
CHEROKEE COUNTY
Business and occupational license taxes ........................4650
State Court of Cherokee and Forsyth Counties; terms ............3798
CHEROKEE JUDICIAL CIRCUIT
Judges; salary supplement ......................................4663
CHILD AND SPOUSAL SUPPORT............................................ 785
CHILD CARE CENTERS, HOMES, AND INSTITUTIONS
Criminal records checks; licenses
963
LXVI
INDEX
CHILD CARE CENTERS, HOMES, AND INSTITUTIONS
Fire safety............................................................1642
CITY OF ATLANTA AND FULTON COUNTY RECREATION AUTHORITY
Projects; contracts................................................. 4235
CITY OF CAIRO DEVELOPMENT AUTHORITY
Local constitutional amendment continued .............................3780
CIVIL PRACTICE
Actions for wrongful death............................................1253
Alimony and child support; revision of judgments.......................279
Class actions; motor vehicle finance...................................698
Code revision ....................................................... 149
Continuances; attendance at meetings of State Board of Education ......1406
Executions and tax executions; alias executions; aggregation of executions
and levy .........................................................1243
Forms for use by inmates in actions against state and local govern-
ments .................................................................883
Habeas corpus and other nonjury proceedings involving inmates of state
correctional institutions .........................................440
Indigents; court costs; review of pleadings prior to filing; procedure.1256
Legal advertisements; rates ..........................................1042
Limitations of actions; medical malpractice............................556
Magistrate courts; service of process in civil actions ................627
Magistrate courts; subpoenas for production of documentary evidence; post-
judgment discovery and interrogatories; contempt of court ............1003
Medical malpractice; limitations of actions ...........................556
New trials; orders; contents .........................................1312
Next friends; receipt of proceeds of any personal action; bonds .......656
Notice or summons; signature in actions in magistrate courts...........636
Paternity; blood tests; petitions to legitimate children ..............279
Renewal of civil cases after dismissal; limitations ..................1446
Subpoenas; financial institutions to have five days to respond .......1467
Time periods; computation .............................................648
Voluntary dismissal of actions........................................ 546
CLAIMS ADVISORY BOARD
State authorities; county and municipal departments....................900
CLARKE COUNTY
Athens-Clarke County Industrial Development Authority; local constitu-
tional amendment continued............................................4134
Athens-Clarke County school system; local constitutional amendments con-
tinued ...............................................................4165
Board of commissioners; compensation .................................4281
CLARKESVILLE, CITY OF
Clarkesville Industrial Building Authority; local constitutional amendment
continued ........................................................4212
INDEX
LXVII
Homestead exemption for persons 65 or older; local constitutional amend-
ment continued.......................................................4208
Mayor and council; election date ...................................4562
Nonprofit housing for elderly persons; local constitutional amendment con-
tinued ..............................................................4210
CLARKESVILLE INDUSTRIAL BUILDING AUTHORITY
Local constitutional amendment continued ...........................4212
CLAYTON COUNTY
Board of commissioners; compensation ...............................4455
Civil service board; compensation...................................4470
Clayton Judicial Circuit; judges; salary supplement ................4460
Coroner; compensation...............................................4969
Court reporters; compensation.......................................4534
District attorney; salary supplement ...............................4464
Judge of the probate court; compensation ...........................4466
Magistrates; bonds ................................................. 4536
Sheriff; clerk of the superior court; deputy clerk; compensation....4468
State court; deposits for advance costs.............................4538
State court; judges; compensation...................................4462
State court; solicitor; salary; retirement..........................4458
Tax commissioner; deputy tax commissioner; compensation ............4472
CLAYTON JUDICIAL CIRCUIT
Court reporters; compensation.......................................4534
District attorney; salary supplement ...............................4464
Judges; salary supplement ..........................................4460
CLERKS OF SUPERIOR COURTS
Minimum salaries ....................................................549
CLINCH COUNTY
Board of commissioners; elections...................................4720
Board of commissioners; chairman; salary............................3972
Board of commissioners; salaries....................................3974
Board of education; elections ......................................4714
Board of education; elections; districts; referendum................4918
State court; judge and solicitor; salary ...........................4183
Tax commissioner; salary ...........................................3976
COASTAL MARSHLANDS PROTECTION COMMITTEE
Membership .........................................................1465
COBB COUNTY
Board of commissioners; compensation ...............................3862
Board of education; compensation....................................4007
Board of elections and registration; created........................4653
lxviii
INDEX
Chief deputy sheriff; chief investigator ..............................4003
Community improvement districts; taxes; bonds......................4009
District attorney; investigators; chief investigator; assistant district attor-
neys I............................................................. 4255
Judge of the probate court; clerk; compensation........................3864
State court; clerks bond .........................................4334
State court; clerk, solicitor, and assistants; compensation .......4508
State court; judges; compensation..................................3833
COBB JUDICIAL CIRCUIT
Investigators; chief investigator; assistant district attorney.....4255
CODE REVISION COMMISSION
Codification and continuation...................................... 197
Publication of Official Code of Georgia Annotated; correction of Acts .202
COFFEE COUNTY
Douglas-Coffee County Industrial Authority; local constitutional amendment
continued .....................................................5300
Superior court judges; supplements ................................3879
COLLEGE PARK, CITY OF
Ad valorem taxes ..................................................4512
City manager; removal..............................................5316
College Park Business and Industrial Development Authority; local consti-
tutional amendment continued..................................... .5311
Homestead exemptions; referendum...................................4513
COLLEGE PARK BUSINESS AND INDUSTRIAL DEVELOPMENT AUTHORITY
Local constitutional amendment continued ..........................5311
COLQUITT COUNTY
Board of education; school superintendent; local constitutional amendment
continued .....................................................4747
License fees and occupational taxes; local constitutional amendment
continued .....................................................4433
Moultrie-Colquitt County Development Authority; local constitutional amend-
ment continued...................................x * w., a i .!. 4745
State court; judge and solicitor; salary ..........................4227
COLUMBIA COUNTY
Board of commissioners; compensation; meetings.....................5100
COLUMBUS, GEORGIA
"Councilman changed to "councilor in charter.....................3784
Municipal court; judge; compensation ..............................4214
Municipal court; jurisdiction; costs; transfer of cases ...........4593
INDEX
LXIX
COMMERCE AND TRADE
Amusement Ride Safety Act ...........................................1453
Automated teller machines; engaging in the business of selling or issuing
checks ..........................................................1131
Below Cost Sales Act; sales of octane or cetane rated motor fuels..........458
Business opportunities; buyers right of cancellation.................947
Code revision .............................................................149
Department of Industry and Trade; parking facility contracts with Georgia
Building Authority................................................224
Fair Business Practices Act; health spas..............................938
Fair Business Practices Act of 1975; private actions; service of copies of
pleadings on administrator .......................................642
Georgia Time-Share Act; unfair trade practices .......................856
Health spas; definitions; contracts; bonds; forms.....................938
"Lease-purchase Agreement Act enacted ..............................1341
Motor fuels; Below Cost Sales Act ....................................458
Motor Vehicle Sales Finance Act; delinquency charges; finance charges; class
actions prohibited................................................698
Multilevel distribution companies; chain letters; pyramid clubs; lotteries_437
Retail Installment and Home Solicitation Sales Act; universities, colleges,
and student loans exempted .......................................251
Timber sales; wood load tickets......................................1077
Unfair or deceptive acts or practices................................1183
Unfair trade practices; blind persons; unfair practices by insurance com-
panies ................................................................464
Warehouse operators; license renewal and revocation; bonds; actions ..645
COMMERCIAL CODE
"Bank redefined; agents..............................................825
Secured transactions; financing and continuation statements; maturity
dates; expiration................................................1517
Secured transactions; mechanics liens on farm machinery or equipment;
priority ........................................................1107
COMMISSION ON GOVERNMENTAL LIABILITY.......................................750
COMMON CARRIERS
Sales and use tax.....................................................625
CONE, CAPTAIN WILLIAM, BRIDGE .............................................610
CONFLICTS OF INTEREST
Board of Regents; employees serving foundations.......................882
Interpreters for deaf persons; dual state employment.................1034
State nonelective officers and employees holding political subdivision, party,
or organization offices ..........................................427
CONSERVATION AND NATURAL RESOURCES
Air quality control; motor vehicle certificates of title and registration;
vehicles must comply with federal emission and safety standards
693
LXX
INDEX
Air quality control; unlawful to sell motor vehicle not in compliance with
federal emission and safety standards .............................692
Caves; entering posted or protected caves without permission; penalty .1075
Coastal Marshlands Protection Committee; membership ...................1465
Code revision ..........................................................149
Commissioner of natural resources; powers; service as director
of Environmental Protection Division; Coastal Marshlands Pro-
tection Committee ................................................1465
Forestry; timber sales; wood load tickets; contents....................1077
Georgia Agricultural Exposition Authority ..............................801
Georgia Agricultural Exposition Authority Overview Committee;
creation...........................................................1110
Hazardous Materials Emergency Response Advisory Council ................853
Hazardous materials; transportation..............................469, 1499
Hazardous wastes .......................................................266
Landmark museum buildings...............................................936
Motor vehicle emission inspections.....................................1092
Nongame Wildlife Conservation and Wildlife Habitat Acquisition Fund; state
income tax refunds..................................................700
Property within navigable waters and certain oceanic areas; exploration
and recovery permits................................................906
Registered foresters; liens............................................1322
Soil erosion and sedimentation control; technical assistance to local govern-
ments; revocation of certification; civil penalties; exemptions .......1224
Stone Mountain Memorial Association; membership.........................465
Stone Mountain Memorial Association; Police powers; ordinances; security
officers; courts ...................................................448
Surface mining; ownership; bonds........................................879
Toombs Oak; historical marker...........................................592
Underwater archeology ..................................................906
Water and sewage systems of municipalities; charges....................1393
Water Well Standards Act; revision and reenactment ....................1192
CONSTITUTION OF GEORGIA
Local Constitutional Amendments Overview Committee .....................586
CONSUMERS UTILITY COUNSEL
Reports; audits; repeal date ...........................................494
CONTRABAND
Alcoholic beverages....................................................1118
CONTRACT CARRIERS
Sales and use tax.......................................................625
CONTRACTS
Conspiracy in restraint of free and open competition; conspiracy in restraint
of trade in transactions with the state or political subdivisions .1184
Lease-purchase agreements regulated ...................................1341
Public works contracts; progress payments; retainages..................1043
Timber sales; wood load tickets........................................1077
INDEX
LXXI
COOK COUNTY
Board of commissioners; elections................................... 4413
CORDELE, CITY OF
City manager; safety director........................................5213
CORONERS
Act providing salaries in certain counties (165,000-175,000) repealed.405
Compensation in certain counties (15,200-15,400) repealed ............282
Georgia Coroners Training Council Act; enacted; certification;
annual training...................................................797
Post-mortem examinations; hospice patients ..........................1073
Qualifications; bonds; fees; duties at scene of death; dental examinations;
dead bodies.......................................................843
CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS
Code revision; limited partnerships ..................................149
Corporations; business combinations; approval by board of directors and
shareholders; fair pricing........................................527
Corporations; rights or options; preemptive rights; prefered shares;
shareholder consent; notice of dissenters rights; number of
directors ....................................................... 1302
Foreign corporations; investigations; subpoenas; witness fees........1281
Partnerships; ownership of real property; dissenting statements; indem-
nification rights; dissolution; creditors ...........................1436
Professional associations; registered office and agent required; fee;
penalties ........................................................619
CORRECTIONS
"Offender rehabilitation changed to "Corrections throughout code; (see
"Penal Institutions) ............................................283
COSMETOLOGISTS
Nursing homes........................................................1133
State Board of Cosmetology; meetings; reports; sanitary requirements of
beauty shops and schools; military installations; certificates; qualifica-
tions; schools; employment of barbers................................1057
COUNCIL OF SUPERIOR COURT JUDGES OF GEORGIA
Created..............................................................1130
COUNTIES
County boards of health; creation by ordinance in certain counties (550,000
or more)......................................................... 384
Special 1 percent sales and use tax; county general obligation
debt; referendums.................................................232
See also "Local Government
LXXII
INDEX
COURTS
Clerks of the superior courts; minimum annual salaries ....................549
Code revision ............................................................ 149
Contempt of court; attorneys fees in actions involving child custody, child
visitation, and property division......................................877
Council of Superior Court Judges of Georgia; created.......................1130
Drugs; schedule I or II controlled substances; offenses bailable only before
a superior court judge.................................................416
Family violence; duties of court clerks ....................................983
Grand jury inspections and reports; commencement of actions by district
attorneys to compel county governing authorities to comply with law . 1053
Indigents; review of pleadings prior to filing.............................1256
Joint Study Committee on Superior Court Judgeships ........................325
Judges; vacancies; temporary appointments of interim judges ...............245
Juries; jury commissioners; succession......................................887
Juries; persons 70 or older; removal from jury list........................512
Juries; superior and state courts; grand juries ...........................1511
Juvenile courts; shelter care; informal detention hearings ......... ......1313
Law library costs; collection in corporate, police, recorders, and mayors
courts.................................................................999
Magistrate courts; bonds of magistrates; notice or summons in civil
actions................................................................636
Magistrate courts; cash bonds for ordinance violations.....................417
Magistrate courts in certain counties (550,000 or more); jurisdiction .....352
Magistrate courts; service of process in civil actions ....................627
Magistrate courts; subpoenas for production of documentary evidence;
postjudgment discovery and interrogatories; contempt of court.........1003
Magistrate courts; training requirements for magistrates who are
attorneys .......................................................... 1416
Municipal, corporate, recorders, mayors, and police courts; jurisdiction over
violations of Georgia Motor Vehicle Accident Reparations Act ..........891
Municipal corporate, recorders, mayors, and police courts; penalties;
community service work ...............................................1391
Municipal corporate, recorders, mayors, and police courts; violations of
the Georgia Motor Vehicle Emissions Inspection and Maintenance
Act ..................................................................1390
New trials; orders; contents ..............................................1312
Probate courts; judges; minimum salaries ...................................932
Probate courts; judges; qualifications for office .........................1247
Probate courts; jurisdiction in actions admitting wills to probate ........1650
Secretaries of judges of the superior courts and district attorneys; salaries;
merit increases ................................................ 434
Sheriffs; minimum annual salaries...........................................430
State courts in certain counties (190,000-210,000); advanced deposit of court
costs repealed.........................................................354
State courts; retired judges and judges emeritus; issuance of warrants for
arrest and search warrants ...........................................1105
Superior courts; clerks; minimum salaries ..................................549
Superior courts; employment of law clerks or court administrators .........1279
Superior courts in counties having a state correctional institution; habeas
corpus and other nonjury proceedings ..................................440
Vacancies in judicial offices; temporary appointments of interim judges....245
INDEX
LXXIII
COVINGTON, CITY OF
Fines; alternate recorder; search warrants..............................5208
Mayor and council members; salaries ....................................5323
COWETA COUNTY
Ad valorem tax exemption of certain personal property; local constitutional
amendment continued.................................................3921
Board of education .....................................................4444
Board of education; leases and contracts; local constitutional amendment
continued ..........................................................4177
Coweta County Development Authority; local constitutional amendment
continued ..........................................................4173
Magistrate court; judge; election.......................................4441
School system merger with Newnan school system; local constitutional
amendment continued.................................................4171
Water, sanitation, sewerage, and fire districts; local constitutional amend-
ment continued..........................................................4175
COWETA COUNTY DEVELOPMENT AUTHORITY
Local constitutional amendment continued ...............................4173
CREDIT UNIONS
Minors deposits in their own names; separate classes of shares for borrowers
and depositors; par value ...........................................823
CRIMES AND OFFENSES
Abortion; disposal of human fetuses.....................................1421
Aggravated assault on a correctional officer; aggravated battery on a
correctional officer ................................................628
Alcoholic beverages; furnishing to underaged persons; misrepresentation of
identity; penalties..................................................782
Antique slot machines; possession and use................................888
Armed robbery; taking controlled substances from a pharmacy or wholesale
druggist; penalties ......,..........................................1036
Caves; entering posted or protected caves without permission ...........1075
Cocaine trafficking; penalties; Special Cocaine Task Force; education
van .................................................................552
Code revision ...........................................................149
Conspiracy in restraint of free and open competition; conspiracy in restraint
of trade in transactions with the state or political subdivisions ...1184
Controlled substances; dangerous drugs .................................1219
Criminal trespass; criminal damage to property in the second degree .. 484, 1491
Death penalty; time period for executions ..............................1463
Drugs; schedule I or II controlled substances; offenses bailable only before
a superior court judge...............................................416
False representation as a representative of a fire service organization .411
Family violence; contempt actions; penalties.............................905
Insurance fraud; definition; penalties...................................723
Kickbacks; coercing local government employees prohibited................617
LXXIV
INDEX
Lotteries; chain letters; pyramid clubs; multilevel distribution
companies........................................................437
Lottery equipment, devices, and materials............................886
Motor vehicles not in compliance with federal emission and safety standards;
sale..............................................................692
Obscene, lewd, or indecent telephone communications; penalties;
injunctions .....................................................1310
Possession of firearm or knife during commission of or attempt to commit
certain crimes involving controlled substances, cocaine, marijuana, or
illegal drugs.....................................................425
Sex offenses; testimony of certain children; procedures .............1190
Use of inmate for private gain prohibited ...........................1483
CRIMINAL JUSTICE COORDINATING COUNCIL
Membership ......................................................... 544
CRIMINAL PROCEDURE
Appearance bonds; principals in custody...............................982
Bail; schedule I or II controlled substances; offenses bailable only before a
superior court judge..............................................416
Continuances; attendance at meetings of State Board of Education ....1406
Death penalty; time period for executions ...........................1463
Demand for trial of misdemeanors; terms ..............................637
First offender treatment; effect; records ............................380
Guilty but mentally ill; examinations and hearings; disposition .....637
Habeas corpus and nonjury proceedings involving inmates of state correc-
tional institutions...................................................440
Insanity defense; evidence............................................637
Parole supervision fees; conditional release .........................414
Probated sentences of more than two years; review....................516
Restitution orders; damage to state property..........................231
Sentencing; victim impact statements .................................739
Sex offense cases; testimony of children ............................1190
Subpoenas; financial institutions to have five days to respond ......1467
Time periods; computation ............................................648
Traffic offenses .....................................................758
Victims right to be present during criminal trial ..................744
Warrants for arrest and search warrants; issuance by retired judges and
judges emeritus of state courts..................................1105
Witness fees for correctional officers ...............................407
CRISP COUNTY
Hydro-electric power bonds; local constitutional amendments
continued..................................................3810, 3812
----D----
DADE COUNTY
Dade County Water and Sewer Authority; revenue bonds.................3839
DADE COUNTY WATER AND SEWER AUTHORITY
Revenue bonds........................................................3839
INDEX
LXXV
DAMASCUS, CITY OF
New charter ...................................................... 3673
DAWSON COUNTY
Business and occupational license taxes ...........................4179
Clerk of the superior court; judge of the probate court; compensation.4518
Commissioner; compensation ........................................4036
Dawson County Industrial Building Authority; local constitutional amend-
ment continued ..................................................4117
Tax commissioner; compensation ....................................4516
DAWSON COUNTY INDUSTRIAL BUILDING AUTHORITY
Local constitutional amendment continued ..........................4117
DEAD BODIES
Hospice patients ..................................................1073
DEBTOR AND CREDITOR
Code revision ......................................................149
Garnishment; child and spousal support..............................785
Garnishment; summons; deductions; continuing garnishment on certain
federal court judgments .......................................1632
DECATUR, CITY OF
Decatur Employees Retirement System; minimum retirement benefits .... 5205
Homestead exemption for certain residents 62 or older; referendum ....4140
Temporary loan provisions repealed.................................5225
DECATUR COUNTY
Decatur County-Bainbridge Industrial Development Authority; local consti-
tutional amendment continued.....................................3928
Judge of the probate court placed on annual salary ................4419
DECATUR COUNTY-BAINBRIDGE INDUSTRIAL DEVELOPMENT AUTHORITY
Local constitutional amendment continued ..........................3928
DECEPTIVE TRADE PRACTICES
Violation of certain federal laws..................................1183
DEKALB COUNTY
Alcoholic beverage tax for educational purposes; local constitutional
amendment continued............................................3730
Board of education; compensation...................................3847
Board of education; elections; local constitutional amendment continued ... 4078
Civil service and merit system; local constitutional amendment continued . 3771
County-wide library system in Fulton County........................4327
Courts; Stone Mountain Memorial Association; ordinance jurisdiction.448
LXXVI
INDEX
DeKalb Junior College; acquisition by the Board of Regents of the University
System of Georgia................................................598
Garbage disposal; sanitation districts; local constitutional amendment con-
tinued .............................................................3712
Magistrate court; chief magistrate and magistrates; clerk and marshall of
state court; law library funds .................................4819
Medical examiner; local constitutional amendment continued..........3800
Ordinances; penalties; business licenses; recorders court; local constitutional
amendment continued.............................................4279
Payment for personal property damaged by county employees; local consti-
tutional amendment continued........................................5006
Pension board; retirement benefits..................................5164
Recorders court; jurisdiction; local constitutional amendment continued ... 4277
State court; additional judge ......................................5140
State court; assistant solicitor ...................................4369
Street improvements in subdivisions; local constitutional amendment con-
tinued .............................................................3728
Tax for educational purposes; local constitutional amendment continued ... 4080
DEPARTMENT OF MEDICAL ASSISTANCE
Reciprocal and cooperative arrangements with other states ...........517
DEPARTMENT OF OFFENDER REHABILITATION
Name changed to Department of Corrections; (see "Penal Institutions).283
DEPARTMENT OF PUBLIC SAFETY
Acceptance of donations or conveyances...............................486
DEVELOPMENT AUTHORITIES
Boards of directors in certain counties; (33,500-34,000) changed to (33,500-
34,600)......................................................... 390
DILLARD, CITY OF
Recorder; penalties ................................................5262
DISPOSITION OF UNCLAIMED PROPERTY ACT
Time periods; records; delivery of assets...........................1097
DOERUN, CITY OF
Recorders court; penalties ........................................4234
DOGS
Liability of owners and keepers for injuries caused by animals
1033
INDEX
LXXVII
DOMESTIC RELATIONS
Adoption; interstate compacts .....................................518
Attorneys fees in contempt of court actions involving child custody, child
visitation, and property division.............................877
Child and spousal support..........................................785
Divorce; spouses coverage under motor vehicle private lines insurance
policies......................................................935
Family violence; petitions and forms; duties of court clerks and shelter or
social service agency staff...................................983
Family violence relief orders of superior courts; contempt actions;
penalties ....................................................905
Paternity; blood tests; petitions to legitimate children ..........279
Revision of judgments for permanent alimony or child support.......279
DONALSONVILLE, CITY OF
Mayor and council; elections .....................................4239
DOOLY COUNTY
Board of commissioners; compensation ........................... 4585
DOUGHERTY COUNTY
Albany Dougherty Payroll Development Authority; local constitutional
amendment continued..........................................3904
DOUGLAS, CITY OF
Douglas-Coffee County Industrial Authority; local constitutional amendment
continued ...................................................5300
DOUGLAS-COFFEE COUNTY INDUSTRIAL AUTHORITY
Local constitutional amendment continued .........................5300
DOUGLAS COUNTY
Douglasville-Douglas County Water and Sewer Authority re-created..3584
DOUGLASVILLE, CITY OF
Douglasville-Douglas County Water and Sewer Authority re-created..3584
Mayor and councilmen; elections ................................ 4375
DOUGLASVILLE-DOUGLAS COUNTY WATER AND SEWER AUTHORITY
Re-created ..................................................... 3584
DOWNTOWN BAINBRIDGE DEVELOPMENT AUTHORITY
Local constitutional amendment continued
3930
LXXVIII
INDEX
DOWNTOWN CAMILLA DEVELOPMENT AUTHORITY
Local constitutional amendment continued .....................4936
DOWNTOWN LAGRANGE DEVELOPMENT AUTHORITY
District limits.................................................4090
DOWNTOWN MARIETTA DEVELOPMENT AUTHORITY
District enlarged........................................4506, 4911
DRIVER IMPROVEMENT CLINICS
Employees; operation ............................................758
Reciprocal agreements with other jurisdictions...................409
DRIVING UNDER THE INFLUENCE
Compensation of law enforcement officers for attending license suspension
hearings ....................................................630
DRUGS
Cocaine; trafficking; penalties; Special Cocaine Task Force .....552
Controlled substances; dangerous drugs .........................1219
Drug abuse treatment and education programs; licenses; confidential infor-
mation ........................................................476
DUBLIN JUDICIAL CIRCUIT
Judges; salary supplements .....................................3806
---E----
EARLY COUNTY
Clerk of superior court placed on annual salary.................3989
EAST POINT, CITY OF
Mayor and council; salaries ....................................5255
Rewards.........................................................5228
EARLY COUNTY
State court; assistant district attorney; service as solicitor .4343
EATONTON, CITY OF
Corporate limits
4182
INDEX
LXXIX
ECHOLS COUNTY
Board of commissioners; compensation .................................4274
EDUCATION
Cocaine education van; Georgia Bureau of Investigation; availability to
schools............................................................552
Code revision .........................................................149
County boards of education; chairmen; terms; organization.............467
DeKalb Junior College; acquisition by the Board of Regents of the University
System of Georgia..................................................598
Georgia Eminent Scholars Endowment Trust Fund; created................1654
Medical student loans and scholarships ...............................1122
Motor vehicle license plates; Emory University sesquicentennial ......520
Osteopathic medical education loans ...................................450
Professional Practices Commission; executive director and employees...1515
Proprietary schools; definitions; exemptions; bonds; penalties; names..990
Quality Basic Education Act ..........................................1657
Scholarships and loans; medical students..............................1122
School bus drivers; driving records made available to boards of education .. 1182
School bus drivers; records furnished to school systems by Department of
Public Safety.....................................................1339
School bus drivers to report vehicles passing stopped school buses; proce-
dures; penalties...................................................... 1175
Scoliosis screening of public school students ........................424
Southern Regional Education Compact; admission of Oklahoma ............351
State Board of Education; continuances of court cases while attending
meetings .........................................................1406
Surrogate parents; exemption from liability ...........................447
Tuition equalization grants at private colleges and universities......550
Universities, colleges, and student loans exempted from the Georgia Indus-
trial Loan Act ....................................................... 249
Universities, colleges, and student loans exempted from the Retail Install-
ment and Home Solicitation Sales Act................................... 251
University of Georgia; Toombs Oak; historical marker...................592
University System of Georgia; employees; conflicts of interest .......882
Voting; registering to vote at school.................................1236
EFFECTIVE DATES OF ACTS
General Acts affecting compensation of county officers.................984
EFFINGHAM COUNTY
State court; judge and solicitor; salary .............................4866
ELBERT COUNTY
State court; terms; salaries of judge and solicitor; clerk; jurors ...4188
ELECTIONS
Absentee ballots.......................................................496
Absentee registration and ballots .....................................632
LXXX
INDEX
Boards of elections in counties of 60,000-67,000; Act repealed ........614
Campaign literature; contents; costs; contributions ..................1328
Candidates qualifications ........................................... 496
Code revision ..........................................................206
County judicial offices; nonpartisan primaries and elections ..........496
Death certificates; voter registration officers to be notified of certain
deaths ............................................................1417
Filling vacancies of candidates nominated at primaries, nonpartisan pri-
maries, or by other means..............................................1430
Georgia Election Code and Georgia Municipal Election Code Amended......496
High school principals and assistant principals and area vocational school
directors; service as deputy registrars............................1236
Kickbacks; coercing local government employees prohibited...............617
Librarians serving as deputy registrars................................1318
Lists of electors ......................................................496
Municipal elections and primaries; alcoholic beverage sales on primary or
election days .....................................................1508
Notices of candidacy....................................................496
Political activities by registrars......................................496
Registration of students outside county or municipality................1236
Run-off primaries; polling places......................................1316
State Election Board; per diem .........................................496
State nonelective officers and employees holding local offices ........427
ELEVATORS AND ESCALATORS
Inspections; dates; inspectors; advisory committee......................221
EMANUEL COUNTY
Board of commissioners; conveyance of state property ..................322
EMORY UNIVERSITY
Motor vehicle license plates .......................................... 520
EMPLOYEE BENEFIT PLAN COUNCIL
Created; flexible employee benefits for state employees ...............441
EMPLOYEES RETIREMENT SYSTEM OF GEORGIA
Accumulated sick and annual leave.................................... 1624
Code revision ........................................................ 209
General Assembly Service...............................................1334
EMPLOYMENT SECURITY LAW
Appeals from decisions by independent hearing officers..................536
Denial of benefits to certain employees of educational institutions ...901
Taxable wage base; "wages redefined; weekly benefits ..................696
Wages; definition..................................................... 1357
See also "Labor and Industrial Relations
INDEX
LXXXI
EROSION AND SEDIMENTATION ACT OF 1975
Technical assistance to local governments; revocation of certification; civil
penalties; exemptions ................................................1224
ETOWAH-FORSYTH WATER AUTHORITY
Sewage systems ........................................................4925
ETOWAH WATER AND SEWER AUTHORITY
Revenue bonds..........................................................4038
EVANS COUNTY
Evans County Industrial Development-Authority; local constitutional amend-
ment continued ..................................................4232
EVANS COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY
Local constitutional amendment continued ..............................4232
EVIDENCE
Clinical records on treatment of alcoholics and drug abusers; confidentiality;
exceptions..........................................................996
Code revision ..........................................................149
Correctional officers; witness fees ....................................407
Drug-dependent persons; records.........................................476
Magistrate courts; subpoenas for production of documentary evidence ......1003
Motor vehicle insurance of counties, municipalities, and subdivisions .1054
Presence of the victim in court during the trial of a criminal offense ...744
Sex offense cases; testimony of certain children ......................1190
EXCISE TAXES
Alcoholic beverages ..........................................662, 665
EXECUTIONS
Alias executions and tax executions.................................. 1243
----F---
FAIR BUSINESS PRACTICES ACT
Health spas; contracts; bonds...........................................938
Private actions; service of copies of pleadings on administrator........642
FAIRMOUNT, CITY OF
Council; elections; terms ............................................ 4666
FAMILY VIOLENCE
Contempt actions; penalties ............................................905
Petitions; duties of court, shelter, and social service agency personnel .983
LXXXII
INDEX
FAYETTE COUNTY-** *1
Clerk of the superior court; compensation ...............................4973
Judge of the probate court; compensation ................................4477
School district; ad valorem tax exemption for elderly and disabled residents;
referendum........................................................3992
School superintendent; appointment by board of education; referendum .... 4198
Sheriff; compensation.................................................4479
Tax commissioner; compensation .......................................4475
FIRE PROTECTION AND SAFETY-H
Code revision .........................................................149
False representation as a representative of a fire service organization .411
Fire departments; definition; minimum standards ......................1493
Firemen killed or disabled in the line of duty; applications
for indemnification; time periods .................................413
Georgia Firefighter Standards and Training Council; membership; certi-
fication transfers; airport firefighters .............................1493
Group day-care homes and day-care centers ............................1642
Hazardous Materials Emergency Response Advisory Council ...............853
Hospitals; state fire marshal to conduct fire safety inspections.......721
Landmark museum buildings..............................................936
Personal care homes; fire safety standards.............................869
FITZGERALD, CITY OF
Board of education; compensation......................................5290
Fitzgerald and Ben Hill County Development Authority; local constitutional
amendment continued ........................................5190, 5326
FITZGERALD AND BEN HILL COUNTY DEVELOPMENT AUTHORITY
Local constitutional amendments continued.......................5190, 5326
FLOYD COUNTY
Hospital Authority of Floyd County; vacancies.........................4427
Merit system; investigators; assistant district attorneys.............4930
Rome-Floyd County Development Authority; local constitutional amend-
ment continued........................................................4877
Rome Judicial Circuit; investigators..................................4424
FLOYD, THE DOCTORS, BRIDGE .................................................608
FOOD, DRUGS, AND COSMETICS
Armed robbery of a pharmacy or wholesale druggist; controlled
substances........................................................1036
Cocaine; trafficking; penalties; Special Cocaine Task Force; cocaine education
van ...............................................................552
Code revision .........................................................149
Dangerous drugs; controlled substances ...............................1219
Drug abuse treatment and education programs; licenses; confidential infor-
mation .............................................................. 476
INDEX
LXXXIII
Drugs; possession of weapons during crimes .........................425
Food sales establishments; inspections..............................660
Food service establishments; definitions; enforcement; inspections .660
Georgia Food Act; administrative penalties .........................1444
Schedule I or II controlled substances; offenses bailable only before a superior
court judge.....................................................416
FORESTERS, REGISTERED
Liens..............................................................1322
FORESTRY
Timber sales; wood load tickets.....................................1077
FORSYTH COUNTY-H
Board of education; compensation and expenses......................4411
Board of education; local constitutional amendment continued ......3704
Etowah-Forsyth Water Authority; sewage systems ................... 4925
State Court of Cherokee and Forsyth Counties; terms ................3798
Superior court; terms...............................................281
FRANKLIN, CITY OF
Mayor and councilmen; compensation; mayors or recorders court;
penalties .....................................................5286
FRANKLIN COUNTY^ -r
Franklin County Industrial Building Authority; local constitutional amend-
ment continued.....................................................5186
FRANKLIN COUNTY INDUSTRIAL BUILDING AUTHORITY
Local constitutional amendment continued ..........................5186
FULTON COUNTY
Board of education; election districts.............................3723
City of Atlanta and Fulton County Recreation Authority; projects;
contracts......................................................4235
County-wide library system ........................................4327
State court; costs and fees of clerk and marshall..................3773
FUNERAL DIRECTORS, EMBALMERS, AND FUNERAL ESTABLISHMENTS
Examinations; qualifications; natural catastrophe; county boards of health . 1447
---G-----
GAMBLING
Antique slot machines; possession and use...........................888
Lotteries; chain letters; pyramid clubs.............................437
Lottery equipment, devices, and materials...........................886
LXXXIV
INDEX
GAME AND FISH
Bait dealers; commercial salt-water fishing; sport bait shrimping; commercial
bait shrimping; local business licenses; sales tax certificates; definitions;
fees..............................................................1047
Code revision ....................................................... 149
Crab bait; sales and use tax exemption on sales to. commercial
fishermen ........................................................1177
Hunting privileges; suspension for negligent hunting; hearings;
procedure .........................................................894
Liability of owners and keepers for injuries caused by animals............1033
Nongame Wildlife Conservation and Wildlife Habitat Acquisition Fund......700
Official waterfowl stamp; waterfowl programs...........................691
Wild animals; dealers; licenses; auctions..............................913
"GARDEN WEEK DESIGNATED....................................................256
GARNISHMENT
Child and spousal support..............................................785
Collection of taxes, fees, penalties, etc. by state revenue commissioner .931
Summons; Social Security numbers; deductions; federal court judgments ... 1632
GASOLINE
Below Cost Sales Act ..................................................458
GENERAL ASSEMBLY
Claims Advisory Board; state authorities and county and municipal depart-
ments ..................................................................900
Clerk of the House of Representatives; fees............................511
Code Revision Commission; codification.................................197
Code Revision Commission; publication of Official Code of Georgia Annotated;
correction of Acts ................................................202
Commission on Governmental Liability...................................750
Consumers Utility Counsel; reports to committees; audits; repeal date....494
Conveyances of state property; variances in requirements of filing with the
Secretary of State................................................1424
Daily expense allowance and reimbursable expenses of members .............672
Georgia Agricultural Exposition Authority Overview Committee;
creation..........................................................1110
Georgia Fiscal Note Act; retirement bills deleted from provisions.....1331
Georgia Rail Passenger Authority Overview Committee; created .........1283
House districts 15, 16, 77, 81, 105, and 107 reapportioned................1472
Joint Study Committee on Superior Court Judgeships ....................325
Joint Urban County and Municipal Study Committee ......................748
Leases of state property; amendments to existing leases ..............1408
Legislative Services Committee; legislative areas; supplies; budgets; transfer
of funds...........................................................669
Legislative Services Committee to provide for distribution of bills, etc.;
fees...............................................................511
Local Constitutional Amendments Overview Committee ....................586
Office of Legislative Counsel..........................................675
Payment of actual transportation costs during sessions................1055
INDEX
LXXXV
Retirement and pensions; service in the General Assembly .................1334
Retirement bills...............................................146
Salaries of members; cost-of-living increases ............................493
Secretary of the Senate; fees ............................................511
State auditors report; copies furnished to General Assembly on request .... 668
State Personnel Board; review of proposed rules; publication of rules .1250
GENERAL PROVISIONS
Effective dates of general Acts affecting compensation of county officers.984
Law enforcement officer appreciation day designated ...........658
Statutes; computation of time periods .........................648
GENERAL TELEPHONE COMPANY OF THE SOUTHEAST
Conveyance.....................................................328
GEO. L. SMITH II GEORGIA WORLD CONGRESS CENTER
Zell Miller Corporate Conference Center designated.............566
GEORGIA AGRICULTURAL EXPOSITION AUTHORITY ACT .....................801
GEORGIA AGRICULTURAL EXPOSITION AUTHORITY OVERVIEW
COMMITTEE
Creation......................................................1110
GEORGIA ALLOCATION PLAN
Allocation of issuance of bonds among governmental units......1143
GEORGIA BOLL WEEVIL ERADICATION ACT OF 1985.......................1079
GEORGIA BUILDING AUTHORITY
Parking facilities; contracts with Department of Industry and Trade.......224
Police ........................................................554
Railroad excursions; power to operate..........................745
GEORGIA BUREAU OF INVESTIGATION
Salvage motor vehicles........................................1227
Special Cocaine Task Force; cocaine education van..............552
"GEORGIA COORDINATE SYSTEM OF 1985
Enacted; property boundaries...................................650
GEORGIA CORONERS TRAINING COUNCIL ACT.............................797
GEORGIA CORRECTIONAL INDUSTRIES ADMINISTRATION
State self-insurance program; participation
1117
LXXXVI
INDEX
GEORGIA CRIME INFORMATION CENTER
Child care centers, home, and institutions; criminal records checks .963
First offender records..............................................380
Personal care homes; criminal records checks........................952
GEORGIA DEVELOPMENT AUTHORITY
Water and sewer projects; environmental facility projects; local government
bonds ........................................................ 252
GEORGIA EMINENT SCHOLARS ENDOWMENT TRUST FUND..........................1654
GEORGIA FIREFIGHTER STANDARDS AND TRAINING COUNCIU-
Membership; certification transfers; airport firefighters..........1493
GEORGIA FIREMENS PENSION FUND
Code revision ......................................................209
GEORGIA FISCAL NOTE ACT
Retirement bills deleted from provisions ......................1331
GEORGIA FOOD ACT
Administrative penalties...........................................1444
GEORGIA HAZARDOUS WASTE MANAGEMENT ACT
Amended ............................................................266
GEORGIA INDUSTRIAL LOAN ACT
Universities, colleges, and student loans exempted .................249
GEORGIA LEGISLATIVE RETIREMENT SYSTEM-^
Code revision ......................................................209
General Assembly Service....................................... 1334
GEORGIA MEDAL OF HONOR .................................................561
GEORGIA MOTOR VEHICLE ACCIDENT REPARATIONS ACT
Jurisdiction of corporate, recorders, mayors, and police courts...891
GEORGIA MOTOR VEHICLE EMISSIONS INSPECTION AND MAINTENANCE
ACT
Definitions; certificates; forms; tags and decals; fees; penalties.1092
Municipal court jurisdiction.......................................1390
INDEX
LXXXVII
GEORGIA PEACE OFFICER STANDARDS AND TRAINING COUNCII^-
Discipline of peace officers ..................................539
GEORGIA POLYGRAPH EXAMINERS ACT .................................1008
GEORGIA PROPRIETARY SCHOOL ACT
Definitions; exemptions; bonds; penalties; names ..............990
GEORGIA RAIL PASSENGER AUTHORITY
Created .....................................................1283
GEORGIA RAIL PASSENGER AUTHORITY OVERVIEW COMMITTEE
Created.......................................................1283
GEORGIA REAL ESTATE COMMISSION
Membership; licensing; powers..................................360
GEORGIA RESIDENTIAL FINANCE AUTHORITY
Bonds; single-family residential housing program .............1121
Definitions; residential and family farm mortgages ............818
GEORGIA STATE GUARD
Name changed to "State Defense Force .........................356
GEORGIA TIME-SHARE ACT
Offering statements; sales agreements; applications for registration; unfair
trade practices............................................856
GEORGIA YOUTHFUL OFFENDER ACT OF 1972
Comprehensive revision.........................................420
GIFTS TO MINORS ACT, GEORGIA
"Financial institution defined................................819
GILMER COUNTY
Commissioner; compensation ...................................4587
Tax commissioner; compensation and commissions ...............4504
GLASCOCK COUNTY
Clerk of the superior court placed on annual salary...........4487
GLENVILLE, CITY OF
Mayor and council; elections .................................4756
lxxxviii
INDEX
GLYNN COUNTY
Board of commissioners; compensation ....... .:...................3906
Board of commissioners; exchange of real property with the state .342
Board of education; compensation................................3860
Brunswick-Glynn County Charter Commission; time limits; referendums ... 3605
Brunswick-Glynn County Charter Commission; local constitutional amend-
ment continued..............................................3603
Clerk of the superior court; personnel..........................3732
Coroner; compensation........................................... 4152
GORDON COUNTY
Conveyance of state property to the board of commissioners ......559
GRAIN DEALERS
Licenses; renewal; revocation; bonds; actions....................643
GRANTVILLE, CITY OF
New charter ....................................................5030
GREENE COUNTY
Board of education; local constitutional amendment continued ...4248
Greene County Development Authority; local constitutional amendment con-
tinued .........................................................4246
GREENE COUNTY DEVELOPMENT AUTHORITY
Local constitutional amendment continued .......................4246
GRUMAN AEROSPACE CORPORATION
Conveyance of state property.....................................319
GUESS, GEORGE
Portrait placed in state capitol ................................596
GRIFFIN, CITY OF
Board of commissioners; elections; terms .......................3626
Griffin-Spalding County Development Authority; local constitutional amend-
ment continued................................................ 3845
GRIFFIN-SPALDING COUNTY DEVELOPMENT AUTHORITY
Local constitutional amendment continued .......................3845
GWINNETT COUNTY
Educational funds collected by tax commissioner.................4741
Homestead exemption from Gwinnett County School District ad valorem
taxes; referendum.......................................... 5106
INDEX
LXXXIX
----H---
HABERSHAM COUNTY
Board of commissioners; elections; purchases and repairs .......4808
Board of education; borrowing funds; local constitutional amendment con-
tinued .........................................................4205
Habersham County Industrial Development Authority; local constitutional
amendment continued............................................4207
HABERSHAM COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY
Local constitutional amendment continued ..........................4207
HALL COUNTY
State court; assistant solicitors; clerical employees of solicitor.3566
HAMBY, MS. CHRISTINE CAROL
Compensation....................................................607
HAMMONDS, EDDIE, JR.
Compensation........................................................324
HANDICAPPED PERSONS
Access to public buildings..........................................863
Blind persons; unfair practices by insurance companies..............464
Code revision ......................................................149
Deaf persons; interpreters; dual state employment ..............1034
Handicapped parking; towing expenses................................558
HART COUNTY
Hart County Industrial Building Authority; local constitutional amendment
continued ..................................................4453
HART COUNTY INDUSTRIAL BUILDING AUTHORITY
Local constitutional amendment continued .......................4453
HAZARDOUS MATERIALS
Transportation; Public Service Commission; jurisdiction .469, 1394, 1499
HAZARDOUS MATERIALS EMERGENCY RESPONSE ADVISORY COUNCIL . 853
HAZLEHURST, CITY OF
Mayor and board of commissioners; elections ....................4547
Recorders court; penalties ................................... 5245
xc
INDEX
HAZARDOUS WASTE MANAGEMENT ACT
Amended ..................................................................266
HEAD-INJURED PERSONS
Registration by Department of Human Resources ..........!................871
HEALTH
Abatement of public nuisances injurious to public health, safety, or comfort
in certain counties (450,000 or more) ...............................388
Abortion; disposal of human fetuses......................................1421
Ambulatory surgical centers; reports of nonaccidental injuries to
patients .............................................................898
Blood tests; paternity ...................................................279
Cancer Advisory Committee; membership ...................................1186
Code revision ............................................................149
Coroners; duties; dead bodies ............................................843
County boards of health; consolidated city-county governments; fees for
environmental health services ........................................419
County boards of health; creation by ordinance in certain counties (550,000
or more)..............................................................384
County boards of health; funeral directors, embalmers, and funeral estab-
lishments ................................................................1447
Death certificates; death outside county of residence; voter registration
officers to be notified .............................................1417
Drug abuse treatment and education programs; licenses; confidential infor-
mation ....................................................................476
Food sales establishments; inspection ....................................660
Group health insurance; discontinuance; grace periods; notices...........1039
Head-injured persons; registration by Department of Human Resources......871
Health Planning Agency; rules and regulations ............................829
Health planning and development; hospitals; semiannual reports............827
Hospice patients; post-mortem examinations...............................1073
Hospital care for indigent pregnant women.................................829
Hospitals; fire safety inspections........................................721
Hospitals; special purpose county sales and use tax......................868
Interment of deceased indigent persons by counties .......................265
Kidney Disease Advisory Committee; membership; staff; programs...........1413
Living wills; preparation by medical facilities...........................455
Medical assistance; obtaining through false statements or fraud..........1395
Medical malpractice; limitations of actions ..............................556
Missing persons..........................................................1128
Nursing homes; barber and cosmetology licenses not required..............1133
Patient Cost of Care Act; definitions; financial information; insurance .987
Personal care homes; fire safety standards................................869
Personal care homes; licenses; criminal records checks; penalties; immunity
from liability .......................................................952
Scoliosis screening of public school students ............................424
Sterilization of mentally incompetent persons; petitions; reports; standards
of proof; procedure..................................................1134
Transfer of mentally ill, alcoholic, and drug dependent individuals from
private facilities to state facilities ...............................873
Tuberculosis hospitalization; committment procedures......................620
INDEX XCI
HEALTH SPAS
Contracts; bonds; forms ..............................................938
HEARD COUNTY
Board of education; elections; referendum ...........................5078
Clerk of the superior court; salary.................................3520
County commissioner; compensation ...................................3511
Judge of the probate court; compensation ............................3516
Sheriff; compensation............................................. 3518
Tax commissioner; compensation; personnel ........................... 3513
HELEN, CITY OF
New charter .........................................................3743
HENRY COUNTY
Ad valorem tax exemption of capital improvements of new manufacturing
establishments; local constitutional amendment continued.........5171
Ad valorem tax exemption on tangible personal property in transit; local
constitutional amendment continued ..............................5178
Board of commissioners; publication of financial reports and
audits; treasurers reports; appointments........................3942
Board of education; composition; local constitutional amendment
continued .......................................................3932
Board of education; elections .......................................4938
County and municipal ad valorem tax exemption on personal property in
transit; local constitutional amendment continued................3938
Henry County Community Improvement Districts Act.....................4946
Henry County Development Authority; compensation; expenses; ratification
of actions ......................................................3549
Henry County Development Authority; local constitutional amendment
continued .......................................................3831
Henry County Water and Sewerage Authority; members holding other
offices..........................................................3934
Water and sewer bonds; local constitutional amendment continued......3936
Water and sewer tax; local constitutional amendment continued .......3940
Water or water and sewerage revenue bonds; local constitutional amendment
continued .......................................................5159
HENRY COUNTY DEVELOPMENT AUTHORITY
Compensation; expenses; ratification of actions......................3549
Local constitutional amendment continued ............................3831
HENRY COUNTY WATER AND SEWERAGE AUTHORITY
Members holding other offices........................................3934
HIGHWAYS, BRIDGES, AND FERRIES
Antebellum Trail......................................................568
Cattle; transportation; brucellosis control...........................704
Code revision ........................................................149
XCII
INDEX
Captain William Cone Bridge........................................610
Flat-bed van carriers; loads; signs...............................1002
The Doctors Floyd Bridge designated................................608
Handicapped parking; towing expenses...............................558
Charlie Kendrick Memorial Bridge ..................................594
Horace "Gus Layson Memorial Bridge; designated...................327
Archie L. Lindsey Memorial Bridge..................................350
Richard B. Neville Memorial Bridge ...............................589
I. M. Peeples Memorial Bridge designated .........................321
"Transportation of Hazardous Materials Act; transfer of jurisdiction from
Department of Transportation to Public Service Commission.469, 1499
Walter A. Scott Memorial Bridge ...................................564
Veterans Memorial Highway..........................................576
Waste or used oil for dust suppression or road treatment; dioxin .266
HOLIDAYS AND OBSERVANCES
Law enforcement officer appreciation day ..........................658
HOSPICE PATIENTS
Post-mortem examinations .........................................1073
HOSPITAL AUTHORITY OF FLOYD COUNTY
Vacancies.........................................................4427
HOSPITALS
Disposal of human fetuses ........................................1421
Fire safety inspections by state fire marshal ....................... 721
Indigent pregnant women; hospital care.............................829
Living wills; preparation..........................................455
Medical malpractice; limitations of actions .......................556
Semiannual reports to Health Planning Agency.......................827
HOUSE OF REPRESENTATIVES
House districts 15, 16, 77, 81, 105, and 107 reapportioned........1472
HOUSTON COUNTY
Board of education; grants for handicapped citizens; local constitutional
amendment continued..........................................4329
Branch offices for county government and board of education; local constitu-
tional amendment continued.......................................4869
Houston County Development Authority; local constitutional amendment
continued ...................................................4873
Special court; local constitutional amendment continued...........4871
Superior court judges; salary supplements.........................4591
HOUSTON COUNTY DEVELOPMENT AUTHORITY
Local constitutional amendment continued
4873
INDEX
XCIII
HOUSTON JUDICIAL CIRCUIT
Judges; salary supplements ..........................................4591
HUNTING
Suspension of hunting privileges for negligent hunting; hearings;
procedure ........................................................894
---1---
ILA, CITY OF
Mayor; term of office ...............................................3883
INCOME TAX
Assessment; time periods ............................................1350
Refunds; Nongame Wildlife Conservation and Wildlife Habitat Acquisition
Fund..............................................................700
Withholding exemption certificates ..................................1411
INDUSTRY AND TRADE, DEPARTMENT OF
Gifts; agreements; advertising and promotion ........................428
INSURANCE
Accident and sickness insurance policies; reserves...................1087
Blind persons; unfair practices in insurance .........................464
Code revision ........................................................149
Credit life insurance; extraordinary payments of indebtedness; term
for which debtor is eligible for insurance........................616
Examination expenses; commissions ................................. 1087
Fees; service of process on certain insurers; original certificates of authority;
charter documents ............................................ 1399
Georgia Correctional Industries Administration; participation in state self-
insurance program................................................1117
Georgia Insurers Insolvency Pool; supervision; covered claims;
board membership; assessments................................... 1485
INSURANCE
Georgia Motor Vehicle Accident Reparations Act; jurisdiction of corporate,
recorders, mayors, and police courts ...........................891
Group health insurance; discontinuance; grace periods; notices.......1039
Group life insurance; coverage of dependents; amount of coverage........ 998
Group life insurance; extraordinary payments of indebtedness; term for
which debtor is eligible for insurance.......................... 616
Insurance fraud; definition, penalties............................... 723
Insurance premium finance companies .................................1087
Investments by insurers in the African Development Bank authorized...1104
Motor vehicle insurance; county, municipal, or political subdivision insur-
ance .................................................................1054
Motor vehicle private lines insurance policies; death or divorce of insured;
spouses coverage ................................................935
Motor vehicles; salvage motor vehicles ............................. 1227
XCIV
INDEX
Prepaid legal service plans......................................1087
Premium rates determined by contract; filing; binders; challenges .994
Product liability insurance; reports ............................ 228
Surplus line insurance; brokers bonds; unauthorized insurers......1239
Taxis; motor vehicle safety responsibility; self-insurers ........989
Unclaimed funds..................................................1087
INTERSTATE COMPACTS
Adoption services.................................................518
IRWIN COUNTY
Board of commissioners; compensation; secretary..................4915
Sheriff; personnel; compensation.................................4403
IRWINTON, CITY OF
Name changed; chief of police; mayor and aldermen; recorder and recorder
pro tempore .................................................4731
IVEY, TOWN OF
Elections; corporate limits; recorders court....................4220
---J----
JACKSON COUNTY
Board of commissioners; compensation ............................4200
JEFF DAVIS COUNTY
Board of education; elections; referendum .......................4493
JEFFERSON COUNTY
Tax commissioner; compensation ..................................3741
JESUP, CITY OF
Mayor and commissioners; elections; compensation.................4121
JOHNSON COUNTY
Judge of the probate court; clerical assistance .................4365
Superior court judges; salary supplements........................3806
JOINT MUNICIPAL EMPLOYEES RETIREMENT SYSTEM
Code revision ....................................................209
Part-time employment; benefits...................................1359
JOINT STUDY COMMITTEE ON SUPERIOR COURT JUDGESHIPS....................325
JOINT URBAN COUNTY AND MUNICIPAL STUDY COMMITTEE
748
INDEX
XCV
JONES COUNTY
Board of education; dates corrected ........................4144
JUDGES OF THE PROBATE COURTS RETIREMENT FUND
Code revision ................................................209
JURIES
Grand juries; trial juries in superior and state courts.....1511
Grand jury inspections of county affairs; commencement of actions to compel
county governing authorities to comply with law ........1053
Jury commissioners; succession in office .....................887
Persons 70 or older; removal from jury list ................512
JUVENILE COURTS
Shelter care; informal detention hearings ...................1313
---K
KEEN, FLOYD
Compensation................................................ 582
KENDRICK, CHARLIE, MEMORIAL BRIDGE................................594
KICKBACKS PROHIBITED .............................................617
KIDNEY DISEASE ADVISORY COMMITTEE
Membership; staff; programs ............................... 1413
KINGSLAND, CITY OF
City manager .............................................. 4698
KINGSTON, CITY OF
Conveyance of state property..................................335
KITE, TOWN OF
Councilmen; number changed ..................................4367
---L---
LABOR AND INDUSTRIAL RELATIONS
"Amusement Ride Safety Act; regulation and licensing by the Department
of Labor............................................... 1453
Appropriations; supplemental for Department of Labor; administration of
employment security law ..................................522
XCVI
INDEX
Attorney General to represent Department of Labor ...................708
Boiler and Pressure Vessel Rules, Board of; inspectors; rules; exemp-
tions ...............................................................213
Code revision .......................................................149
Department of Labor; contingency clerks............................ 547
Disposition of certain state owned properties under the custody of the
Department of Labor authorized ..................................571
Employment Security Agency and Correctional Services Division of the
Department of Labor; references deleted from Code; powers and duties
transferred .....................................................708
Employment security; definition of "wages..........................1357
Employment security; denial of benefits to certain employees of educational
institutions.....................................................901
Employment Security Law; appeals from decisions by independent hearing
officers ........................................................536
Employment Security Law; taxable wage base; "wages redefined; weekly
benefits ........................................................696
State Employment Agency Advisory Council; termination date...........355
State Employment Service Division and Unemployment Compensation
Division of the Department of Labor; references deleted from Code;
powers and duties transferred....................................708
Unemployment compensation claims against state agencies; processing;
reserve fund; contracts .........................................973
Workers compensation; benefits; hearings; medical services..........727
Workers compensation; Subsequent Injury Trust Fund; self-insured
employers; board of trustees; reports; penalties; notices of possible
claims; hearings; settlements ..................................1426
LAFAYETTE, CITY OF
Elections; oaths; vacancies; investigations; mayors powers; city manager ... 4106
LAGRANGE, CITY OF
Corporate limits....................................................3505
Downtown LaGrange Development Authority; district limits............4090
LAMAR COUNTY
Board of commissioners; elections...................................5020
Magistrate court; law library fees................................. 4437
LANIER COUNTY
Board of commissioners; elections; terms ...........................3820
Board of education; elections; terms; referendum....................3966
LANIER, SIDNEY
Bust to be placed in state capitol ..................................338
LAURENS COUNTY
Superior court judges; salary supplements...........................3806
Tax commissioner; compensation .....................................4541
INDEX
XCVII
LAW ENFORCEMENT OFFICERS AND AGENCIES
Code revision .........................................................149
Criminal Justice Coordinating Council; membership......................544
Dead bodies; hospice patients.........................................1073
Department of Public Safety; acceptance of donations or conveyances.486
Driving under the influence; compensation of law enforcement officers for
attending license suspension hearings .............................630
Georgia Building Authority Police .....................................554
Georgia Bureau of Investigation; salvage motor vehicles ............1227
Georgia Bureau of Investigation; Special Cocaine Task Force; cocaine
education van .....................................................552
Georgia Crime Information Center; child care centers; criminal records
checks ............ ..........................................963
Georgia Crime Information Center; first offender records ...........380
Georgia Crime Information Center; personal care homes; criminal records
checks .........................................................952
Georgia Peace Officer Standards and Training Council; discipline of peace
officers .......................................................539
Law enforcement officer appreciation day designated ...................658
Law enforcement officers killed or disabled in the line of duty; applications
for indemnification; time periods ..............................413
Missing persons.......................................................1128
Personal care homes; criminal records checks...........................952
Weapons; destruction or sale of abandoned weapons......................912
LAW LIBRARIES
Costs; collection in corporate, police, recorders, and mayors courts.999
LAYSON, HORACE "GUS, MEMORIAL BRIDGE.......................................327
"LEASE-PURCHASE AGREEMENT ACT ENACTED.....................................1341
LEASH LAWS
Liability of owners and keepers for injuries caused by animals......1033
LEE COUNTY
Board of commissioners; re-creation; elections; terms; qualifications; vacan-
cies; powers ......................................................4250
LEGAL ADVERTISEMENTS
Rates allowed publishers..............................................1042
LEGISLATIVE SERVICES COMMITTEE
Legislative areas; supplies; budgets; transfer of funds................669
LIE DETECTORS
Examiners; licenses...................................................1008
LIENS
Abandoned motor vehicles .............................................1265
Mechanics lien on farm machinery or equipment; priority..............1107
XCVIII
INDEX
LINCOLN COUNTY
Board of commissioners; chairmans compensation .........................4331
LINDBERGH, CHARLES A.
Historical marker at Souther Field ......................................563
LINDSEY, ARCHIE L., MEMORIAL BRIDGE ..........................................350
LIVESTOCK-^
Brucellosis in cattle; control and eradication...........................704
LIVING WILLS
Preparation by medical facilities........................................455
LOCAL CONSTITUTIONAL AMENDMENTS OVERVIEW COMMITTEE ...........................586
LOCAL GOVERNMENT
Airports; municipal land leased to private parties.......................1649
Alcoholic beverage sales to underaged persons; counties and municipalities
to notify Department of Revenue of violations........................1398
Bonds; Georgia Allocation Plan...........................................1143
Bonds; investment of proceeds in certificates of deposit of state building
and loan or savings and loan associations............................1461
Claims Advisory Board; county and municipal departments..................900
Clerks of superior courts; minimum salaries .............................549
Code revision ........................................................149
Commercial bait shrimp dealers; local business licenses .................1047
Contracts for public works; progress payments; retainages ...............1043
Corporate, recorders, mayors, or police courts of municipalities; penalties;
community service work...........................................1391
Counties; grand jury inspections and reports; commencement of actions by
district attorneys to compel compliance with law ....................1053
Counties; hospital care for indigent pregnant women ..................829
Conflicts of interest; state nonelective officers and employees; holding local
offices...........................................................427
Consolidated city-county governments; county boards of health; fees for
environmental health services ....................................419
Contracts; conspiracy in restraint of free and open competition; conspiracy
in restraint of trade........................................... 1184
Counties; interment of deceased indigent persons .....................265
County boards of education; chairmen; terms; organization.............467
County boards of health; creation by ordinance in certain counties (550,000
or more)..........................................................384
County officers; effective dates of Acts affect compensation ............984
County special purpose sales and use tax; hospitals...................868
Development authorities; boards of directors in certain counties; (33,500-
34,000) changed to (33,500-34,600) ...............................390
Fire departments; standards ........................................ 1493
Hospitals; fire safety inspections to be conducted by state fire marshal.721
INDEX
XCIX
Joint Municipal Employees Retirement System; part-time employment;
benefits ..........................................................1359
Kickbacks; coercing local government employees prohibited................617
Law library costs; collection in corporate, police, recorders, and mayors
courts............................................................. 999
Motor vehicle insurance ................................................1054
Municipal courts; jurisdiction over violations of Georgia Motor Vehicle
Accident Reparations Act.............................................891
Municipal water and sewage systems; charges ............................1393
Municipalities; corporate, recorders, mayors, or police courts; penalties;
community service work..............................................1391
Municipalities; jurisdiction of corporate, recorders, mayors, and police
courts over violations of the Georgia Motor Vehicle Emissions Inspec-
tion and Maintenance Act................................................ 1390
Municipalities; Sunday sales of alcoholic beverages in certain
municipalities .....................................................1000
Ordinance violations; cash bonds in magistrate courts ...................417
Penal institutions; use of inmates for private gain prohibited .........1483
"Redevelopment Powers Law enacted .....................................1360
Sales and use tax; special 1 percent county sales and use tax; county general
obligation debt; referendums.........................................232
Tax commissioners and collectors acting as ex officio sheriffs;
compensation........................................................1115
Tax commissioners and collectors; minimum salaries ......................456
Urban Residential Finance Authorities Act For Large Municipalities
(400,000 or more) .................................................. 391
Used car dealers; regulation.............................................975
Zoning and planning in counties of 400,000 or more and cities therein..1178
"Zoning Procedures Law enacted ........................................1139
LONG COUNTY
Board of commissioners; compensation ...................................4230
LOTTERIES
Chain letters; pyramid clubs ............................................437
LOTTERY EQUIPMENT, DEVICES, AND MATERIALS
Manufacture, sale, shipment, and demonstration...........................886
LOWNDES COUNTY
Ad valorem tax exemption for real property of historical interest; local
constitutional amendment continued .................................3661
Assessments for street improvements; local constitutional amendment
continued ..........................................................3657
Board of commissioners; compensation ...................................3794
Board of education; local constitutional amendment continued ...........4132
Board of tax assessors; local constitutional amendment continued .......3888
Combined city-county revenue and tax administrations; local constitutional
amendment continued.................................................3663
Homestead exemptions from ad valorem taxes; local constitutional amend-
ment continued...........................................................3655
c
INDEX
Itinerant peddlers, vendors, and tradesmen; licenses; local constitutional
amendment continued............................................3659
License taxes on businesses; local constitutional amendment continued .... 3651
Valdosta-Lowndes County Industrial Authority; local constitutional amend-
ment continued.............................................. 3710
LYONS, CITY OF
Lyons Development Authority; local constitutional amendment
continued .....................................................4501
Mayor and council; elections .................................... 3714
LYONS DEVELOPMENT AUTHORITY
Local constitutional amendment continued ......................... 4501
---M-----
MACON, CITY OF
Corporate limits............,......................................4727
Macon-Bibb County Industrial Authority; additional member .........3600
Macon-Bibb County Industrial Authority; local constitutional amendment
continued.................................................5168, 5274
Macon-Bibb County Urban Development Authority; local constitutional
amendment continued............................................5269
Macon-Bibb County Water and Sewerage Authority; employees pension
plan ........................................................ 4543
Macon-Bibb County Water and Sewerage Authority; water distribution lines;
petitions; costs.............................................. 4556
Pensions and retirement system; benefits...........................5293
MACON-BIBB COUNTY INDUSTRIAL AUTHORITY
Additional member..................................................3600
Local constitutional amendment continued......................5168, 5274
MACON-BIBB COUNTY URBAN DEVELOPMENT AUTHORITY
Local constitutional amendment continued ........................ 5269
MACON-BIBB COUNTY WATER AND SEWERAGE AUTHORITY
Employees pension plan............................................4543
Water distribution lines; petitions; costs........................ 4556
MACON COUNTY
Board of commissioners; membership; elections .....................3849
Board of education; elections ................................... 4112
Macon County Industrial Building Authority; local constitutional amend-
ment continued.....................................................3843
MACON COUNTY INDUSTRIAL BUILDING AUTHORITY
Local constitutional amendment continued
3843
INDEX Cl
MADISON COUNTY
Board of commissioners; salaries and expenses; clerk; employees
retirement ....................................................4802
Board of education; local constitutional amendment continued ......4834
Clerk of the superior court; judge of the probate court; tax commissioner;
compensation; personnel; budgets ..............................4770
Madison County Industrial Development and Building Authority; local
constitutional amendment continued ............................4832
Madison County Industrial Development and Building Authority; mem-
bership; officers; compensation; bylaws.............................4781
Sheriff; compensation; personnel; budgets .........................4777
MADISON COUNTY INDUSTRIAL DEVELOPMENT AND BUILDING
AUTHORITY
Local constitutional amendment continued ..........................4832
Membership; officers; compensation; bylaws.........................4781
MAGISTRATE COURTS
Bonds of magistrates; notice or summons in civil actions .........636
Cash bonds for ordinance violations.................................417
Service of process in civil actions ................................627
Subpoenas for production of documentary evidence; postjudgment discovery
and interrogatories; contempt of court.........................1003
Training for magistrates who are attorneys.........................1416
MARIETTA, CITY OF
Annexation; meetings of legislative delegation ....................5111
Chiefs of police and fire departments; civil service...............5264
Corporate limits .............................................5113, 5147
Council members; mileage allowance; per diem ......................5307
De-annexation of property .........................................5143
Downtown Marietta Development Authority; district enlarged....4506, 4911
MARION COUNTY
Board of education; districts; elections; referendum...............4573
McDuffie county
Tax commissioner; compensation; chief deputy; vacancies............5103
McIntosh county
McIntosh County Industrial Development Authority; local constitutional
amendment continued.......................................... 3501
McIntosh County Industrial Development Authority; projects ........3503
McIntosh county industrial development authority
Local constitutional amendment continued ..........................3501
Project; definition ...............................................3503
CII
INDEX
MECHANICS LIENS
Farm machinery or equipment; priority...................................1107
MEDAL OF HONOR................................................................561
MEDICAL ASSISTANCE
Obtaining through false statements or fraud.........................1395
MEDICAL CONSENT
Scoliosis; screening of public school students......................424
MEDICAL MALPRACTICE
Limitations of actions..............................................556
MENTAL HEALTH
Alcoholics; treatment; effective date of law extended ..............1185
Clinical records on treatment of alcoholics and drug abusers; confidentiality;
exceptions...........................................................996
Code revision ...........................................................149
Court orders for examination of allegedly mentally retarded persons; reports;
procedures ..........................................................926
Drug abuse treatment and education programs; licenses; confidential infor-
mation ..............................................................476
Hearing officers; fees and expenses......................................875
Mentally ill, alcoholic, or drug dependent persons; emergency receiving
facilities; involuntary outpatient treatment; time periods; proce-
dure ...............................................................1024
Missing persons ...................................................... 1128
Patient Cost of Care Act; definitions; financial information; insurance .987
Sterilization of mentally incompetent persons; petitions; reports; standards
of proof; procedure.................................................1134
Transfer of mentally ill, alcoholic, and drug dependent individuals from
private facilities to state facilities ..............................873
MERIWETHER COUNTY
Board of commissioners; elections..................................... 3895
Board of education; elections; school superintendent....................4611
METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY
Board of directors .....................................................3609
MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS
Barbers on military installations in Georgia; licenses..................1419
Beauty shops and cosmetologists on military installations...............1057
Emergency Management Division of the Department of Defense; title of
deputy director changed to "executive director .....................468
Georgia Medal of Honor ..................................................561
Selective Service System; drivers license information .................1339
State Defense Force; name changed from "Georgia State Guard .......356
INDEX cm
MILLEDGEVILLE, CITY OF
Corporate limits; city officers; terms; vacancies................4031
MILLER, ZELL, CORPORATE CONFERENCE CENTER............................566
MINING
Surface mining; change in mine ownership; bonds..................879
MINORS
Alcoholic beverages; misrepresentation of identity; penalties ....782
Credit union deposits by minors in their own names ..............823
Gifts to minors; "financial institution defined .................819
Medical malpractice ..............................................556
Next friends; receipt of proceeds of any personal action; bonds .656
Sex offense cases; testimony; procedures.........................1190
MISSING PERSONS
Hospital patients................................................1128
MITCHELL COUNTY
Local sales and use tax for Mitchell County School District; local consti-
tutional amendment continued....................................3719
Mitchell County Development Authority; local constitutional amendment
continued ...................................................3890
MITCHELL COUNTY DEVELOPMENT AUTHORITY
Local constitutional amendment continued ........................3890
MONTGOMERY COUNTY
Clerk of superior court placed on annual salary..................3959
Montgomery County Development Authority; local constitutional amend-
ment continued................................................ 3964
MONTGOMERY COUNTY DEVELOPMENT AUTHORITY
Local constitutional amendment continued ........................3964
MORELAND, TOWN OF
New charter .....................................................5053
MORGAN COUNTY
Board of education; elections; school superintendent; referendum.4643
Magistrate court; clerk; court costs ............................3857
MORGANTON, TOWN OF
Mayor and councilmen; terms; elections; vice-mayor...............4879
CIV
INDEX
MOTOR CARRIERS
Appeals from decisions of employees of the Public Service Commission _____1126
MOTOR FUEL TAX
Assessment; time periods .................................................1350
Highway and nonhighway uses; storage receptacles; records ................1644
MOTOR FUELS
Below Cost Sales Act ......................................................458
MOTOR VEHICLE SALES FINANCE ACT
Delinquency charges; finance charges; class actions prohibited ...........698
MOTOR VEHICLES AND TRAFFIC
Abandoned motor vehicles; definitions; foreclosure of liens; notices ...._1265
Certificates of title; applications; trailers ............................1271
Certificates of title; compliance with federal emission and safety standards;
documents must be in English ..........................................693
Certificates of title; damaged motor vehicles; sale of salvage motor vehicles;
insurers; notification of Georgia Bureau of Investigation ............1227
Certificates of title; fees for filing applications and notices of security interests
or liens; tag agents fees .............................................485
Code revision ........................................................... 149
Driver improvement clinics; reciprocal agreements with other states.......409
Drivers licenses for persons under 21; implied consent; habitual violators;
probationary licenses; serious traffic offenses; defensive driving courses;
driver improvement clinics; leaving the scene ........................758
Drivers records of school bus drivers; furnishing to school systems......1339
Duplicate registration certificates; issuance by county tag agents .......1276
Emission and safety standards; unlawful to sell motor vehicle not in com-
pliance ..................................................................692
Financial responsibility; self-insurers; qualifications; vehicles for hire.989
Flat-bed van carriers; loads; signs.......................................1002
Georgia Motor Vehicle Emissions Inspection and Maintenance Act; juris-
diction of municipal courts .............................................1390
Handicapped parking; towing expenses.......................................558
Implied consent; compensation of law enforcement officers for attending
hearings on license suspensions .......................................630
License fees; payment by check.............................................537
License plates and decals; reports of loss or mutulation .................1278
License plates; Emory University sesquicentennial .........................520
License plates; prestige or special license plates; fees; honorary counsular
plates; county decals .................................................261
License plates; prisoners of war .........................................1278
Motorcycle license fees......................................................1
Motor vehicle emissions inspections; definitions; certificates; forms; tags and
decals; fees; penalties...............................................1092
Motor vehicle insurance; death or divorce of insured; spouses coverage ..935
Motor Vehicle Safety Responsibility Act; recovery of judgments; notices of
the amount of security required.......................................1647
INDEX CV
"Private carrier redefined; hazardous materials; jurisdiction of Public
Service Commission..............................................1394
School bus drivers; driving records made available to boards of
education ......................................................1182
School bus drivers to report vehicles passing stopped school buses;
penalties.......................................................1175
Selective Service System; drivers license information .............1339
Taxis; self-insurers ................................................989
Used car dealers; used motor vehicle parts dealers ..................975
MOULTRIE, CITY OF
Mayor and council; elections; quorum; vacancies; board of health; interest
on taxes; civil service abolished ............................ 3522
Moultrie-Colquitt County Development Authority; local constitutional amend-
ment continued......................................................4745
MOULTRIE-COLQUITT COUNTY DEVELOPMENT AUTHORITY
Local constitutional amendment continued ...........................4745
MULTILEVEL DISTRIBUTION COMPANIES
Lotteries............................................................437
MURRAY COUNTY
Clerk of the superior court, sheriff, judge of the probate court, and tax
commissioner; compensation .....................................3573
Commissioner; compensation .........................................3581
Coroner; compensation; deputy coroner...............................3579
Murray County Industrial Development Authority; local constitutional
amendment continued ............................................3792
MURRAY COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY
Local constitutional amendment continued ...........................3792
MUSCOGEE COUNTY
Coroner placed on annual salary ....................................4216
School district; contracts; purchases...............................3782
School district; council districts used for appointment of board of
education ......................................................3886
School district; public art galleries............................. 4439
----N----
NEVILLE, RICHARD B., MEMORIAL BRIDGE......................................589
NEWNAN, CITY OF
Board of water, sewerage, and light commission; local constitutional
amendments continued .....................................4258, 4260
School system merged with Coweta County schools; local constitutional
amendment continued.............................................4171
CVI
INDEX
NEWSPAPERS
Legal advertisement rates.........................................1042
NEWTON COUNTY
Board of commissioners; compensation .............................4136
Board of education; compensation................................ 4641
Newton County Industrial Development Authority; local constitutional
amendment continued...........................................4932
NEWTON COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY
Local constitutional amendment continued .........................4932
NEW TRIALS
Orders; contents..................................................1312
NEXT FRIENDS
Receipt of proceeds of any personal action; bonds ............656
NONGAME WILDLIFE CONSERVATION AND WILDLIFE HABITAT
ACQUISITION FUND
Established; state income tax refunds .............................700
NOTARIES PUBLIC
Qualifications; confidentiality of information; seal; signatures .1469
NUISANCES
Abatement of public nuisances injurious to public health, safety, or comfort
in certain counties (450,000 or more) .........................388
NURSING HOMES
Barber and cosmetology licenses...................................1133
---O----
OAKWOOD, CITY OF
Corporate limits..................................................4603
OCMULGEE JUDICIAL CIRCUIT
Court reporters; salaries and expense allowances..................4094
OFFENDER REHABILITATION
Changed to "corrections throughout Code; (see "Penal Institutions)
283
INDEX
CVII
OFFICIAL CODE OF GEORGIA ANNOTATED
Code Revision Commission; codification and continuation ..............197
Code revision; general Act .....................................149
Code revision; Title 21 ........................................206
Code revision; Title 47 ........................................209
Publication; corrections; powers of Code Revision Commission..........202
OKLAHOMA
Southern Regional Education Compact..... .............................351
OLIVER, CITY OF
New charter ..........................................................4377
OSTEOPATHIC MEDICAL EDUCATION LOANS.................................450
---P----
PARDONS AND PAROLES
Employees of board injured in line of duty; compensation..............1113
PATAULA JUDICIAL CIRCUIT
State Court of Early County; assistant district attorney as solicitor.4343
PATIENT COST OF CARE ACT
Definitions; financial information; insurance...................987
PAULDING COUNTY
Tax commissioner; compensation ................................3702
PEACHTREE CITY
Mayor; voting; veto powers.....................................4202
PECANS
Sales and use tax exemption on pecan equipment........................624
PEEPLES, I. M., MEMORIAL BRIDGE.....................................321
PELHAM, CITY OF
Pelham Development Corporation; lease to .......................569
PEMBROKE, CITY OF
New charter
4846
CVIII
INDEX
PENAL INSTITUTIONS
Aggravated assault on a correctional officer; aggravated battery
on a correctional officer ..........................................628
Appearance bonds; forfeiture where principal is in custody .............982
Board of Pardons and Paroles; compensation of employees injured in line
of duty............................................................1113
Code revision ..........................................................149
Correctional officers; witness fees ....................................407
Death penalty; time period for executions .............................1463
Department of Offender Rehabilitation; compensation of employees injured
in line of duty....................................................1113
First offenders; records................................................380
Forms for use by inmates in actions against state and local
governments.........................................................883
Georgia Correctional Industries Administration; participation in state self-
insurance program..................................................1117
Georgia Youthful Offender Act of 1972; comprehensive revision ..........420
Guilty but mentally ill persons; examination reports on mental condition
of defendants ......................................................637
Habeas corpus and nonjury proceedings involving inmates of state correc-
tional institutions......................................................440
Offender rehabilitation; words changed to "corrections throughout
Code................................................................283
Parole; notices to victims..............................................739
Parole supervision fees; amount; duration; uniformity; advance payment;
conditional release .............................................. 414
Prison guards killed or disabled in the line of duty; applications for
indemnification; time periods ......................................413
Probated sentences of more than two years; review.......................516
Restitution orders; damage to state property by inmates.................231
Use of inmates for private gain prohibited; penalties .................1483
Work-release programs; participation; escape; funds earned.............1259
PERRY, CITY OF
Mayor and council; residency; districts ...............................3531
Mayor pro tempore; conflicts of interest; legal representation; city manager;
fiscal year........................................................3535
PERSONAL CARE HOMES
Fire safety standards ..................................................869
Licenses; criminal records checks; penalties; immunity from liability ..952
PETROLEUM PRODUCTS
Below Cost Sales Act ...................................................458
PIERCE COUNTY
Board of commissioners; elections; referendum..........................4836
Board of education; elections; referendum .............................4841
State court; judge and solicitor; compensation ........................4186
Superior court judges; supplements ....................................3879
INDEX CIX
PINE HILL WATER AND SEWERAGE AUTHORITY :
Act repealed.....................................................3802
POLK COUNTY
Board of education recreated; referendum ............. ........4985
Polk County Water Authority; compensation .......................4743
Tax commissioner; compensation ..................................3796
POLK COUNTY WATER AUTHORITY
Compensation of members .........................................4743
POLYGRAPH EXAMINERS ACT, GEORGIA.....................................1008
POOL HALLS
Alcoholic beverage sales .........................................657
POST-MORTEM EXAMINATIONS
Hospice patients ................................................1073
POWDER SPRINGS, CITY OF
Corporate limits.................................................4075
PROBATE COURTS
Judges; qualifications for office ...............................1247
Judges; minimum salaries..........................................932
Jurisdiction in actions admitting wills to probate ..............1650
PROFESSIONAL ASSOCIATIONS
Registered office and agent required; fee; penalty ...............619
PROFESSIONAL PRACTICES COMMISSION
Executive director and employees.................................1515
PROFESSIONS AND BUSINESSES
Amusement Ride Safety Act .......................................1453
Athletic trainers; licenses; examinations.........................985
Barbers; employment by beauty shops..............................1057
Barbers; licenses; military installations in Georgia; teaching;
apprentices..................................................1419
Barbers; nursing home facilities; licensing......................1133
Billiard rooms; alcoholic beverage sales .........................657
Cosmetologists; nursing homes; licensing ........................1133
Cosmetologists; State Board of Cosmetology; meetings; reports; sanitary
requirements of beauty shops and schools; military installations; cer-
tificates; employment of barbers.................................1057
cx
INDEX
Funeral directors, embalmers, and funeral establishments; examinations;
qualifications; county boards of health..............................1447
Medical student loans and scholarships ...................................1122
Medicine; reports of nonaccidental injuries to patients of ambulatory surgical
centers..............................................................898
Osteopathic medical education loans ......................................450
Pharmacists; armed robbery; controlled substances........................1036
Polygraph examiners .....................................................1008
Real estate brokers and salespersons; laws relating to licensing revised .360
Registered foresters; liens..............................................1322
Used car dealers .........................................................975
Used motor vehicle parts dealers .........................................975
Veterinary medicine; reinstatement of expired licenses ...................406
Water and wastewater treatment plant operators and laboratory analysts;
definitions; termination date .......................................432
PROPERTY
Boundaries; "Georgia Coordinate System of 1985 enacted ..................650
Caves; entering posted or protected caves without permission; penalty.....1075
Code revision ............................................................149
Contracts for public works; progress payments; retainages ................1043
Criminal trespass; criminal damage to property in the second degree .. 484, 1491
Disposition of unclaimed property; time periods; records; delivery of assets . 1097
Elevator and escalator inspections .......................................221
Georgia Residential Finance Authority; bonds; single-family residential
housing program.....................................................1121
Georgia Time-Share Act; offering statements; sales agreements; applications
for registration; unfair trade practices........................... 856
Gifts to minors; "financial institution defined .........................819
Handicapped persons; access to public buildings...........................863
Landmark museum buildings.................................................936
"Lease-purchase Agreement Act enacted ..................................1341
Liens of registered foresters; created ..................................1322
Mechanics liens on personal property; farm machinery and equipment .... 1107
State Properties Commission; powers......................................1423
State property; conveyances; filing with the Secretary of State .........1424
State space management; "administrative space redefined .................949
Weapons; destruction or sale of abandoned weapons held by law enforcement
agencies.............................................................912
Zoning procedures .................................................1139, 1178
PUBLIC OFFICERS AND EMPLOYEES
Certified oral or manual interpreters for deaf persons; dual state
employment ....................................................... 1034
Code revision ............................................................149
Coercing kickbacks prohibited ........................................... 617
Conflicts of interest; employees of Board of Regents of University System
of Georgia; serving foundations .....................................882
Conflicts of interests; interpreters for deaf persons .................. 1034
Conflicts of interest; state nonelective officers and employees; holding offices
of political subdivisions, parties, and organizations................427
INDEX
CXI
Coroners; annual training; certification..................................797
Coroners; qualifications; bonds; fees; duties; dead bodies .............843
General Assembly; members; daily expense allowance; reimbursable ex-
penses ..................................................................672
General Assembly; payment of actual transportation costs during sessions . 1055
General Assembly; salary of members; cost-of-living increases...........493
Georgia Correctional Industries Administration; participation in state self-
insurance program...................................................1117
Law enforcement officers, firemen, and prison guards killed or disabled in
the line of duty; indemnification; time periods for applications.....413
Notaries public; qualifications; seal; signatures........................1469
Revenue shortfall reserve ................................................252
School bus drivers; driving records made available to boards of
education ..........................................................1182
Sheriffs; minimum annual salaries.........................................430
State employees; flexible employee benefit plan; Employee Benefit Plan
Council created .....................................................441
State Merit System; Department of Labor contingency clerks ...............547
State Merit System; quadrennial operations audits abolished..............1120
State Merit System; rules of State Personnel Board; review by committees
of the General Assembly; publication................................1250
State officials; compensation.............................................524
Tax commissioners and collectors; minimum salaries .......................456
Tax commissioners, collectors, and receivers; qualifications; vacancies...489
Unemployment compensation claims against state agencies; processing;
reserve fund; contracts .............................................973
PUBLIC RETIREMENT SYSTEMS STANDARDS LAW
Code revision ............................................................209
Definitions; nonfiscal retirement bills...................................146
PUBLIC SERVICE COMMISSION
Hazardous materials; jurisdiction; private carriers .....................1394
PUBLIC UTILITIES AND PUBLIC TRANSPORTATION
Carriers who are both common carriers and contract carriers; sales and
use tax..............................................................625
Cattle; transportation; brucellosis . ....................................704
Code revision ............................................................149
Consumers Utility Counsel; reports; audits; repeal date .................494
Georgia Rail Passenger Authority; created ...............................1283
Hazardous Materials Emergency Response Advisory Council ..................853
Motor carriers; appeals from decisions of employees of the Public Service
Commission ....................................................... 1126
Obscene, lewd, or indecent telephone communications; penalties;
injunctions ........................................................1310
"Private carrier redefined; transportation of hazardous materials; juris-
diction of Public Service Commission ....................................1394
"Transportation of Hazardous Materials Act; transfer of jurisdiction from
Department of Transportation to Public Service Commission......469, 1499
CXII
INDEX
PUTNAM COUNTY
Board of education; local constitutional amendment continued .....3818
Putnam County Development Authority; local constitutional amendment
continued ....................................................3955
PUTNAM COUNTY DEVELOPMENT AUTHORITY
Local constitutional amendment continued .........................3955
PYRAMID CLUBS
Lotteries..........................................................437
----Q----
QUALITY BASIC EDUCATION ACT........................................ 1657
QUITMAN, CITY OF
Board of commissioners; composition; elections; referendum........4635
----R----
RAIL PASSENGER AUTHORITY .............................................1283
RAILROADS
Georgia Building Authority; operation of railroad excursions.......745
RANDOLPH COUNTY
Board of commissioners; compensation .............................3778
Deputy sheriffs; expenses of sheriffs office.....................3646
REAL ESTATE BROKERS AND SALESPERSONS
Licensing laws revised ...........................................360
REDEVELOPMENT POWERS LAW
Additional redevelopment powers of counties and municipalities; tax
allocation districts .........................................1360
RETAIL INSTALLMENT AND HOME SOLICITATION SALES ACT
Universities, colleges, and student loans exempted from Act ......251
RETIREMENT AND PENSIONS
Code revision ....................................................209
Employees Retirement System of Georgia; accumulated sick and annual
leave.........................................................1624
Employees Retirement System of Georgia; Code revision ...........209
Employees Retirement System of Georgia; General Assembly service.1334
Georgia Firemens Pension Fund; Code revision......................209
Georgia Fiscal Note Act; retirement bills deleted from provisions.1331
INDEX
CXIII
Georgia Legislative Retirement System; Code revision ...................209
Georgia Legislative Retirement System; General Assembly service ........1334
Joint Municipal Employees Retirement System; Code revision..............209
Joint Municipal Employees Retirement System; part-time employment;
benefits ...........................................................1359
Judges of the Probate Courts Retirement Fund; Code revision.............209
Membership in public retirement systems of persons convicted of certain
crimes .............................................................1624
Public Retirement Systems Standards Law; Code revision....................209
Public Retirement Systems Standards Law; definitions; nonfiscal retirement
bills ..............................................................146
Rules and regulations; adoption by state retirement systems.............1638
Sheriffs Retirement Fund of Georgia; board of commissioners............514
Sheriffs Retirement Fund of Georgia; Code revision.......................209
Sheriffs Retirement Fund of Georgia; optional benefits; mortality tables;
actuarial equivalents................................................1348
Teachers Retirement System of Georgia; Code revision ...................209
Trial Judges and Solicitors Retirement Fund; Code revision..............209
REVENUE AND TAXATION
Ad valorem tax; tax bills and notices of tax assessments; contents;
forms ..............................................................1262
Alcoholic beverages; excise tax on alcohol, distilled spirits, table wines, and
dessert wines...................................................662, 665
Alcoholic beverages; farm wineries .................................979, 1403
Assessment of taxes; time periods; income taxes; sales and use taxes; motor
fuel taxes; road taxes...............................................1350
Checks and money orders for payment of taxes and motor vehicle license
fees..................................................................537
Child and spousal support; tax setoffs ...................................785
Code revision ............................................................149
Executions; alias executions; aggregation of executions and levy.........1243
Garnishment to collect taxes, fees, penalties, etc........................931
Income tax; assessment; time periods ....................................1350
Income tax; refunds; Nongame Wildlife Conservation and Wildlife Habitat
Acquisition Fund .....................................................700
Income tax; withholding exemption certificates ..........................1411
Motorcycle license fees.....................................................1
Motor fuel tax; assessment; time periods ................................1350
Motor fuel tax; highway and nonhighway use; storage receptacles; records . 1644
Motor vehicle title and tag fees..........................................485
Road tax; assessment; time periods ......................................1350
Sales and use tax; assessment; time periods..............................1350
Sales and use tax; crab bait exemption; commercial fishermen ...........1177
Sales and use tax; items used by carriers who are both common carriers
and contract carriers................................................ 625
Sales and use tax; pecan equipment........................................624
Sales and use tax; solar energy equipment...............................491
Sales and use tax; special county 1 percent sales and use tax authorized .... 232
Sales and use tax; special purpose county tax; use of proceeds for
hospitals ........................................................... 868
CXIV
INDEX
Tax commissioners and collectors acting as ex officio sheriffs;
compensation.......................................................ill5
Tax commissioners and collectors as ex officio sheriffs; written consent of
sheriffs in certain counties (not less than 300,000) .........1492
Tax commissioners and collectors; checks or money orders for payment of
taxes and motor vehicle license fees .........................537
Tax commissioners and collectors; minimum salaries ...............456
Tax commissioners, collectors, and receivers; qualifications; vacancies.489
REVENUE SHORTFALL RESERVE
Water and sewer projects ...............................................252
RICHMOND COUNTY
Clerk of the superior court; judge of the probate court; tax commissioner;
coroner; civil court judges; sheriff; compensation.................5003
Employees Pension Fund; retirement benefits ..........................5194
Hospital authority; membership; vacancies .............................3892
License fees and business taxes; local constitutional amendment continued . 4138
Pine Hill Water and Sewerage Authority Act repealed ..............3802
Sheriff s Merit System Board; powers and duties .......................4816
RICHMOND COUNTY HOSPITAL AUTHORITY
Membership; vacancies .................................................3892
RIGHT WHALE
Designated as the official Georgia state marine mammal..................747
ROAD TAX
Assessment; time periods ..............................................1350
ROCKDALE COUNTY
Board of commissioners; compensation ..................................4668
Chief magistrate; salary ..............................................4156
Clerk of superior court; compensation..................................4671
Coroner; compensation..................................................4162
Judge of the probate court; salary ....................................4158
Sheriff; compensation..................................................4160
Sheriff; personnel ....................................................4001
Tax commissioner; salary ............................................ 4154
ROCKMART, CITY OF
Interest rate on delinquent taxes .....................................5220
ROME, CITY OF
Rome-Floyd County Development Authority; local constitutional amend-
ment continued.....................................................4877
INDEX
CXV
ROME-FLOYD COUNTY DEVELOPMENT AUTHORITY
Local constitutional amendment continued ........................4877
ROME JUDICIAL CIRCUIT
Investigators....................................................4424
ROSS, JOHN
Portrait placed in state capitol .................................595
ROYSTON, CITY OF
New charter ............................;........................4286
---S----
SALE CITY, CITY OF
Corporate limits.................................................4944
SALES AND USE TAX
Assessment; time periods ........................................1350
Crab bait exemption; commercial fishermen .......................1177
Exemption of items used by carriers who are both common carriers and
contract carriers ............................................625
Pecan equipment exemption.........................................624
Solar energy equipment exemption .................................491
Special county 1 percent sales and use tax authorized; county general
obligation debt; referendums..................................232
Special purpose county tax; use of proceeds for hospitals.........868
SANDERSVILLE, CITY OF
Mayor and aldermen; elections; mayor pro tem ....................4902
SAVANNAH, CITY OF
City contracts; competitive bidding; bonds ......................5332
Civil service ...................................................5336
Easement over state property .....................................339
Street improvements; bonds.......................................5279
SCHLEY COUNTY
Airport Authority; created ......................................4681
SCHLEY COUNTY AIRPORT AUTHORITY......................................4681
SCOLIOSIS
Screening of public school students
424
CXVI
INDEX
SCOTT, WALTER A., MEMORIAL BRIDGE .................................564
SECRETARY OF STATE
Conveyances of state property; filing..........................1424
Foreign corporations; investigations; subpoenas; witness fees..1281
SECURED TRANSACTIONS
Financing statements; continuation statements; maturity dates; expiration . 1517
Mechanics lien on farm machinery or equipment; priority...1107
SELECTIVE SERVICE SYSTEM
Drivers license information....................................1339
SEMINOLE COUNTY
Clerk of the superior court; compensation ......................4526
Judge of the probate court; compensation .......................4523
Sheriff; compensation...........................................4529
Tax commissioner; compensation .................................4520
SENOIA, CITY OF
Corporate limits................................................3867
SEQUOYAH
Portrait placed in state capitol ............................... 596
SHERIFFS
Minimum annual salaries..........................................430
SHERIFFS RETIREMENT FUND OF GEORGIA
Board of commissioners.......................................... 514
Code revision ...................................................209
Optional benefits; mortality tables; actuarial equivalents .....1348
SHINALL, RITA N.
Conveyance to ...................................................611
SLOT MACHINES, ANTIQUE...............................................888
SMYRNA, CITY OF
Mayor and councilmen; terms; referendum ........................4072
SOCIAL SERVICES
Child care centers, homes, and institutions; criminal records checks;
licenses ....................................................963
INDEX
CXVII
Code revision .......................................................149
Department of Human Resources; interstate compacts; reciprocal adoption
assistance services .............................................518
Department of Medical Assistance; reciprocal and cooperative arrangements
with other states................................................517
Family violence; contempt actions; penalties.......................905
Family violence; petitions; duties of shelter or social service agency staff .... 983
Group day-care homes and day-care centers; fire safety...............1642
Hospital care for indigent pregnant women............................829
Interment of deceased indigent persons...............................265
Obtaining medical assistance benefits through false representations or fraud;
definitions; powers of Department of Medical Assistance .........1395
SOIL EROSION AND SEDIMENTATION CONTROU-
Technical assistance to local governments; revocation of certification; civil
penalties; exemptions ...........................................1224
SOLAR ENERGY EQUIPMENT
Sales and use tax exemption ...................;.. ..................491
SOUTHERN RAILWAY COMPANY
Lease of state property in Chattanooga, Tennessee .................577
SOUTHERN REGIONAL EDUCATION COMPACT
Admission of Oklahoma..............................................351
SPACE MANAGEMENT
State "administrative space redefined; agreements to rent or lease .949
SPALDING COUNTY
Board of commissioners; membership; elections ....................3615
Chief magistrate; compensation.................................. 4435
Griffin-Spalding County Development Authority; local constitutional amend-
ment continued.....................................................3845
Tax commissioner; compensation ...................... ..4345
STATE AUDITOR
Consumers Utility Counsel ........................................494
Reports; furnishing copies to General Assembly.....................668
State Merit System of Personnel Administration; quadrennial operations
audits abolished .............................................1120
STATE BOARD OF PARDONS AND PAROLES
Notices to victims
739
CXVIII
INDEX
STATE CAPITOL
George Guess (Sequoyah); portrait to be placed in capitol ..........596
Sidney Lanier; bust to be placed in state capitol ..................338
John Ross; portrait to be placed in capitol.........................595
STATE COURTS
Advanced deposit of court costs in certain counties (190,000-210,000)
repealed.........................................................354
Retired judges and judges emeritus; issuance of warrants for arrest and
search warrants ................................................1105
STATE DEFENSE FORCE
Name changed from "Georgia State Guard .............................356
STATE EMPLOYMENT AGENCY ADVISORY COUNCIU-
Termination date.....................................................355
STATE FAIR
Georgia Agricultural Exposition Authority ...........................801
STATE FIRE MARSHAL
Hospitals; fire safety inspections...................................721
STATE GOVERNMENT
Code revision .......................................................149
Commission on Governmental Liability.................................750
Contracts; conspiracy in restraint of free and open competition; conspiracy
in restraint of trade...........................................1184
Contracts for public works; progress payments; retainages ..........1043
Department of Medical Assistance; reciprocal and cooperative arrangements
with other states.............................................. 517
Employee Benefit Plan Council created; flexible employee benefit plans for
state employees..................................................441
Georgia Agricultural Exposition Authority ...........................801
Georgia Building Authority; parking facilities; contracts with Department
of Industry and Trade............................................224
Georgia Building Authority Police ...................................554
Georgia Building Authority; railroad excursions .....................745
Georgia Development Authority; water and sewer projects; environmental
facility projects; local government bonds .......................252
Georgia Rail Passenger Authority ...................................1283
Industry and Trade, Board and Department of; receipt of gifts; cooperative
agreements; advertising and promotion ...........................428
Right whale designated as the official Georgia state marine mammal ..747
State auditors report; furnishing copies to General Assembly........668
State officials; compensation........................................524
State Personnel Board; rules; publication; review by General Assembly com-
mittees ............................................................1250
INDEX
CXIX
State Properties Commission; amendments to existing leases.........1408
State Properties Commission; powers.............................1423
State property; conveyances; filing with the Secretary of State ...1424
State space management; "administrative space redefined; agreements to
rent or lease................................................949
Stone Mountain Memorial Association; membership..................465
The Atlas of Georgia; designated as the official state atlas ......562
Unemployment compensation claims against state agencies; processing;
reserve fund; contracts .....................................973
STATE MEDICAL EDUCATION BOARD
Medical student loans and scholarships .........................1122
STATE MERIT SYSTEM OF PERSONNEL ADMINISTRATION
Department of Labor contingency clerks ..........................547
Quadrennial operations audits abolished ........................1120
Professional Practices Commission; employees in the unclassified service ... 1515
Rules of State Personnel Board; review by General Assembly committees;
publication ............................................... 1250
STATE PROPERTIES COMMISSION
Amendments to existing leases; submission to the General Assembly .1408
Powers .........................................................1423
STATE PROPERTY
Conveyances; filing with the Secretary of State ................1424
STATUTES
Computation of time periods .....................................648
STEPHENS COUNTY
State court re-created..........................................4673
STERILIZATION OF MENTALLY INCOMPETENT PERSONS
Petitions; reports; standards of proof; procedure...............1134
STEWART COUNTY
Clerk of superior court; compensation...........................3826
Deputy sheriff; compensation....................................3649
Judge of the probate court; compensation .......................3826
Sheriff; compensation...........................................3978
Tax commissioner; compensation .................................3980
STONE MOUNTAIN, CITY OF
City manager
4164
cxx
INDEX
STONE MOUNTAIN MEMORIAL ASSOCIATION
Membership ......................................................465
Police powers; ordinances; security officers; courts.............448
SUBPOENAS
Financial institutions to have five days to respond ...................1467
SUGAR HILL, CITY OF
Corporate limits; council meetings; ordinances..................4701
SUMNER, TOWN OF
Mayor and council; elections; terms; election day......................3775
SUPERIOR COURTS
Council of Superior Court Judges of Georgia; created...................1130
Employment of law clerks or court administrators ...............1279
Schedule I or II controlled substances; offenses bailable only before a superior
court judge .................................................416
Secretaries of judges and district attorneys; salaries.... ............434
SURFACE MINING
Ownership of surface mines; bonds................................879
SURROGATE PARENTS
Exemption from liability.........................................447
SURVEYING
"Georgia Coordinate System of 1985 enacted......................650
SYLVESTER, CITY OF
Mayor and council; elections ...................................4317
----T---
TATTNALL COUNTY
Board of commissioners; composition; elections;' powers and duties; em-
ployees; county attorney........................................4624
Board of education; elections; compensation ....................4760
Board of education; elections; local constitutional amendment continued ... 4271
State court; compensation of judge, solicitor, and clerical assistants.4620
Tattnall County Industrial Development Authority; local constitutional
amendment continued....................................... 4754
TATTNALL COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY
Local constitutional amendment continued
4754
INDEX
CXXI
TAX COMMISSIONERS AND COLLECTORS
Compensation; acting as ex officio sheriffs ....................1115
Minimum salaries ................................................456
Service as ex officio sheriffs in certain counties (not less than 300,000).1492
Tag and title fees...............................................485
TAX COMMISSIONERS, COLLECTORS, AND RECEIVERS
Qualifications; vacancies .......................................489
TAYLOR COUNTY
Board of commissioners; districts; elections ...................5008
Board of education; elections; referendum ......................5087
TEACHERS RETIREMENT SYSTEM OF GEORGIA
Code revision ...................................................209
TELEPHONES
Obscene, lewd, or indecent telephone communications; dial-it services;
penalties; injunctions......................................1310
TENNILLE, CITY OF
Mayor and aldermen; elections; mayor pro tem ...................4894
THE ATLAS OF GEORGIA
Designated as the official state atlas ..........................562
THOMAS COUNTY
Board of education and school superintendent; local constitutional amend-
ment continued..................................................4554
THOMASTON, CITY OF
Mayor and council; elections; qualifications....................3665
Thomaston Office Building Authority; local constitutional amendment con-
tinued .........................................................3735
Thomaston-Upson County Industrial Development Authority; local constitu-
tional amendments continued.....................................3737
Water, sewer, and electric system; local constitutional amendment
continued ..................................................3739
THOMASTON OFFICE BUILDING AUTHORITY
Local constitutional amendment continued .......................3735
THOMASTON-UPSON COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY
Local constitutional amendments continued
3737
CXXII
INDEX
THOMASVILLE, CITY OF
Thomasville Payroll Development Authority; local constitutional amend-
ment continued.............................................4552
THOMASVILLE PAYROLL DEVELOPMENT AUTHORITY
Local constitutional amendment continued ......................4552
TIFT COUNTY
Board of commissioners; purchases and contracts ...............4875
Board of elections and registration; created...................4193
TIMBER SALES
Wood load tickets; contents ...................................1077
TIME
Computation of time periods ....................................648
TOOMBS COUNTY
Toombs County Development Authority; local constitutional amendment
continued .........................................................3962
TOOMBS COUNTY DEVELOPMENT AUTHORITY^
Local constitutional amendment continued ..............................3962
TOOMBS OAK
Historical marker on campus of the University of Georgia..............592
TORTS
Actions for wrongful death; surviving spouse or children may recover .1253
Animals; injuries caused by; liability of owners and keepers .........1033
Code revision ..........................................................149
Medical malpractice; limitation of actions .............................556
Motor vehicle insurance of counties, municipalities, and subdivisions .1054
Surrogate parents; exemption from liability ............................447
Time periods; computation ..............................................648
TOWNS COUNTY
Treasurer; office abolished ...........................................4768
TREUTLEN COUNTY
Superior court judges; salary supplements..............................3806
Treutlin County Development Authority; local constitutional amendment
continued .........................................................3983
INDEX
CXXIII
TREUTLIN COUNTY DEVELOPMENT AUTHORITY
Local constitutional amendment continued ....................... 3983
TRIAL JUDGES AND SOLICITORS RETIREMENT FUND
Code revision .....................................................209
TRION, TOWN OF
Homestead exemption for elderly residents; local constitutional amendment
continued ..................................................4967
Local sales and use tax for education; local constitutional amendment
continued ................................................... 4447
TROUP COUNTY
Board of commissioners; compensation .............................3911
Board of commissioners; districts ................................4598
Chief magistrate; compensation....................................3817
Compensation of sheriff, clerk of superior court, tax commissioner, and judge
of the probate court..........................................3908
Coroner; salary...................................................3815
State court; compensation of judge and solicitor..................3914
TUBERCULOSIS
Hospitalization; committment procedures............................620
TWIGGS COUNTY
Superior court judges; salary supplements.........................3806
TYBEE ISLAND, CITY OF
Easement...........................................................605
TYRONE, TOWN OF
Contracts.........................................................5304
Mayor and councilmen; elections ..................................4571
----U----
UNCLAIMED PROPERTY
Disposition; time periods; records; delivery of assets ...........1097
UNEMPLOYMENT COMPENSATION
Claims against state agencies; processing; reserve fund; contracts.973
See also "Employment Security Law and "Labor and Industrial Relations
UNFAIR TRADE PRACTICES
Georgia Time-Share Act
856
CXXIV
INDEX
UNIFORM COMMERCIAL CODE
"Bank redefined; agents......................................... 825
Secured transactions; financing and continuation statements; maturity
dates; expiration.......................................... 1517
Secured transactions; mechanics lien on farm machinery or equipment;
priority ...................................................1107
UNIFORM PARTNERSHIP ACT
Ownership of real property; dissenting statements; indemnification rights;
dissolution; creditors .....................................1436
UNION CITY, CITY OF
Municipal court; associate judge ...............................4844
Municipal court; penalties .....................................5253
UNION COUNTY
Union County Hospital Authority; vacancies......................4268
UNION COUNTY HOSPITAL AUTHORITY
Vacancies.......................................................4268
UNITED STATES OF AMERICA
Exchange of property.............................................331
UPSON COUNTY
Thomaston-Upson County Industrial Development Authority; local constitu-
tional amendment continued......................................3737
URBAN RESIDENTIAL FINANCE AUTHORITIES ACT FOR LARGE
MUNICIPALITIES (400,000 OR MORE) ....................................391
USED CAR DEALERS
Used motor vehicle parts dealers; licensure as used car dealers; local regula-
tion ............................................................975
----V----
VALDOSTA, CITY OF
Combined city-county revenue and tax administrations; local constitutional
amendment continued.........................................3663
Central Valdosta Development Authority; local constitutional amendment
continued ..................................................3871
Homestead exemptions from ad valorem taxes; local constitutional amend-
ment continued..................................................3653
Valdosta-Lowndes County Industrial Authority; local constitutional amend-
ment continued..................................................3710
INDEX
CXXV
VALDOSTA-LOWNDES COUNTY INDUSTRIAL AUTHORITY
Local constitutional amendment continued ...................3710
VIDALIA, CITY OF
Vidalia Development Authority; local constitutional amendment
continued ..............................................3957
VIDALIA DEVELOPMENT AUTHORITY
Local constitutional amendment continued ...................3957
VITAL RECORDS
Death certificates; death outside county of residence; voter registration
officers to be notified ................................1417
VETERANS MEMORIAL HIGHWAY ............................ .........576
VETERINARIANS
Reinstatement of expired licenses........................... 406
VOLUNTARY DISMISSAL OF ACTIONS ................................ 546
---W '
WALKER COUNTY
Walker County Development Authority; local constitutional amendment con-
tinued .................................................... 4169
Walker County Rural Water and Sewer Authority ...............3552
WALKER COUNTY DEVELOPMENT AUTHORITY
Local constitutional amendment continued ...................4169
WALKER COUNTY RURAL WATER AND SEWER AUTHORITY
Membership; revenue bonds...................................3552
WALTON COUNTY
Board of commissioners; chairmans expense allowance........3829
Board of commissioners; compensation .......................3985
WARE COUNTY
Superior court judges; supplements .........................3879
WAREHOUSES
Operators license renewal and revocation; bonds; actions
645
CXXVI
INDEX
WARNER ROBINS, CITY OF
Municipal court; penalties .......................................... 4218
WARREN COUNTY
Board of commissioners; chairman; county attorney; audits ...........4429
Clerk of the superior court; deputy clerks compensation.............4567
Tax commissioner; personnel; compensation ............................4569
WARRANTS
Arrest and search warrants; issuance by retired judges and judges emeritus
of state courts ..................................................1105
WASHINGTON COUNTY
Board of commissioners; recreation; elections; compensation ..........4882
Tax commissioner; compensation .......................................4363
WATER AND WASTEWATER TREATMENT PLANT OPERATORS AND
LABORATORY ANALYSTS
Definitions; termination date ..................................432
WATERS OF THE STATE, PORTS, AND WATERCRAFT
Code revision ..................................................149
Property within navigable waters and certain oceanic areas .....906
WATER WELL STANDARDS ACT
Revision and reenactment of Act ......................................1192
WAYCROSS JUDICIAL CIRCUIT
Judges supplements...................................................3879
WAYNE COUNTY
Industrial development tax; local constitutional amendment continued.4589
State court; judge and solicitor; compensation; secretarial allowance.4104
WEAPONS
Destruction or sale of abandoned weapons held by law enforcement
agencies................................................... 912
Possession; commission of crimes involving controlled substances, cocaine,
marijuana, or illegal drugs........................................425
WESTERN AND ATLANTIC RAILROAD
Conveyance of state owned property in the City of Dalton authorized
579
INDEX
CXXVII
WHITE, CITY OF
Board of aldermen; vacancies..........................................3790
WHITE COUNTY
Board of education; elections; local constitutional amendment continued ... 4563
Clerk of the superior court; personnel................................4452
Tax commissioner; compensation ...................................... 4146
White County Industrial Building Authority; local constitutional amend-
ment continued.....................................................4565
WHITE COUNTY INDUSTRIAL BUILDING AUTHORITY
Local constitutional amendment continued .............................4565
WHITFIELD COUNTY
Board of elections and registration; created..........................4749
WILKES COUNTY
Board of education; election districts................................3558
Homestead exemption from county and school district ad valorem taxes;
referendum........................................................4580
WILKINSON COUNTY
Magistrate court; cost-of-living increases for magistrates and clerk .3999
WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES
Code revision .........................................................149
Deposit of money of an intestate decedent; checks and instruments payable
to intestate decedents ...........................................1241
Living wills; preparation by medical facilities........................455
Motor vehicle insurance; spouses coverage upon death or divorce of
insured............................................................935
Probate in solemn form; service of notice; jurisdiction of probate courts_1650
Spouses, children, or descendents of intestate decedents; shares;
renunciation......................................................1257
WINTERVILLE, CITY OF
Mayor and councilmen; terms; elections................................3925
WOODSTOCK, CITY OF
Corporate limits......................................................3869
WORKERS COMPENSATION
Benefits; hearings; medical services ..................................727
Code revision .........................................................149
Subsequent Injury Trust Fund; self-insured employers; board of trustees;
reports; penalties; notices of possible claims; hearings; settlements_1426
CXXVIII
INDEX
WORK-RELEASE PROGRAMS
Participation by inmates; escape; funds earned ............1259
WORTH COUNTY
Board of commissioners; compensation ......................4578
WRONGFUL DEATH
Actions by surviving spouse or children ...................1253
---Y---
YOUTHFUL OFFENDER ACT OF 1972, GEORGIA
Comprehensive revision......................................420
---Z---
ZONING AND PLANNING
Counties of 400,000 or more and cities therein.............1178
"Zoning Procedures Law enacted ...........................1139
POPULATION
CXXIX
POPULATION OF GEORGIA COUNTIES
County
Appling
Atkinson
Bacon
Baker
Baldwin
Banks
Barrow
Bartow
Ben Hill
Berrien
Bibb
Bleckley
Brantley
Brooks
Bryan
Bulloch
Burke
Butts
Calhoun
Camden
Campbell
Candler
Carroll
Catoosa
Charlton
Chatham
Chattahoochee
Chattooga
Cherokee
Clarke
Clay
Clayton
Clinch
Cobb
Coffee
Colquitt
Columbia
Cook
Coweta
Crawford
Crisp
Dade
Dawson
Decatur
DeKalb
Dodge
Dooly
Dougherty
Douglas
Early
1980
15,565
6,141
9,379
3,808
34,686
8,702
21,354
40,760
16,000
13,525
150,256
10,767
8,701
15,255
10,175
35,785
19,349
13,665
5,717
13,371
7,518
56,346
36,991
7,343
202,226
21,732
21,856
51,699
74,498
3,553
150,357
6,660
297,718
26,894
35,376
40,118
13,490
39,268
7,684
19,489
12,318
4,774
25,495
483,024
16,955
10,826
100,710
54,573
13,158
1970
12,726
5,879
8,233
3,875
34,240
6,833
16,859
32,911
13,171
11,556
143,366
10,291
5,940
13,743
6,539
31,585
18,255
10,560
6,606
11,334
6,412
45.404
28,271
5,680
187,816
25,813
20,541
31,059
65,177
3,636
98,126
6,405
196,793
22,828
32,298
22,327
12,129
32.310
5,748
18,087
9,910
3,639
22.310
415,387
15.658
10.404
89,639
28.659
12,682
1960
13,246
6,188
8,359
4,543
34,064
6,497
14,485
28,267
13,633
12,038
141,249
9,642
5,891
15,292
6,226
24,263
20,596
8,976
7,341
9,975
6,672
36,451
21,101
5,313
188,299
13,011
19,954
23,001
45,363
4,551
46,365
6,545
114,174
21,953
34,048
13,423
11,822
28,893
5,816
17,768
8,666
3,590
25,203
256,782
16,483
11,474
75,680
16,741
13,151
1950
14,003
7,362
8,940
5,952
29,706
6,935
13,115
27,370
14,879
13,966
114,079
9,218
6,387
18,169
5,965
24,740
23,458
9,079
8,578
7,322
8,063
34,112
15,146
4,821
151,481
12,149
21,197
20,750
36,550
5,844
22,872
6,007
61,830
23,961
33,999
9,525
12,201
27,786
6,080
17,663
7,364
3,712
23,620
136,395
17,865
14,159
43,617
12,173
17,413
1940
14.497
7,093
8,096
7,344
24,190
8,733
13,064
25,283
14,523
15,370
83,783
9,655
6,871
20.497
6,288
26,010
26,520
9,182
10,438
5,910
9,103
34,156
12,199
5,256
117,970
15,138
18,532
20,126
28,398
7,064
11,655
6,437
38,272
21,541
33,012
9,433
11,919
26,972
7,128
17,540
5,894
4,479
22,234
86,942
21,022
16,886
28,565
10,053
18,679
1930
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
7,015
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
cxxx
POPULATION
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
1980
2,297
18,327
18,758
20,795
8,428
14,748
29,043
79,800
27,958
15,185
589,904
11,110
2,382
54,981
30,070
19,845
11,391
166,808
25,020
75,649
9,466
18,422
15,464
18,585
6,520
36,309
77,605
8,988
25,343
7,553
11,473
18,403
8,841
8,660
16,579
12,215
5,654
36,990
11,684
37,583
6,716
4,524
67,972
10,762
18,546
8,046
14,003
17,747
5,297
21,229
1970
1,924
13,632
17,262
18.357
7,290
13.357
11,364
73,742
16,928
12,784
605,210
8,956
2,280
50,528
23,570
17,826
10,212
72,349
20,691
59,405
9,019
15,927
11,520
15,814
5,354
23,724
62,924
8,036
21,093
5,760
9,425
17,174
8,332
7,727
12,270
10,688
5,031
32,738
7,044
17,569
5,895
3,746
55,112
8,728
15,276
7,371
12,933
13,517
5,099
19,461
1960
1,876
10,144
17,835
17,815
6,952
13,620
8,199
69,130
12,170
13,274
556,326
8,922
2,672
41,954
19.228
18,015
11,193
43,541
18,116
49,739
9,979
14,543
11,167
15.229
5,333
17,619
39,154
9,211
18,499
6,135
8,914
17,468
9,148
8,048
8,468
10,240
5,097
32,313
6,204
14,487
5,906
3,874
49,270
7,241
12,627
6,364
13,170
11,246
5,477
19,756
1950
2,494
9,133
18,585
19,789
6,653
15,192
7,978
62,899
11,005
14,446
473,572
9,963
3,579
29,046
18,922
18,928
12,843
32,320
16,553
40,113
11,052
14,663
11,265
14,495
6,975
15,857
20,964
11,973
18,997
7,473
9,299
18,855
10,264
9,893
7,538
10,242
5,151
33,123
6,674
8,444
6,462
3,598
35,211
6,574
11,443
6,008
14,213
12,238
6,521
21,055
1940
2,964
9,646
19,618
23,517
7,401
14,752
8,170
56,141
11,322
15,612
392,886
9,001
4,547
21,920
18,445
19,654
13,709
29,087
14,771
34,822
12,764
14,377
11,428
15,512
8,610
15,119
11,303
12,936
20,089
8,772
8,841
20,040
11,843
12,953
8,331
10,091
5,632
33,606
7,837
8,595
7,042
4,086
31,860
6,223
10,878
5,292
15,947
13,431
6,954
22,055
1930
2.744
10,164
18,485
24,101
7.102
12,969
8,665
48,677
10,624
15,902
318,587
7,344
4,388
19,400
16,846
19,200
12,616
27,853
12,748
30,313
13,070
13,263
11,140
15,174
9.102
15,924
11,280
12,199
21,609
8,594
8,118
20,727
12,908
12,681
8,992
9.745
5,190
32,693
8,328
8,153
7,847
4,180
29,994
4,927
9,014
5,763
16,643
14,921
6,968
22,437
POPULATION
CXXXI
County
Miller
Milton
Mitchell
Monroe
Montgomery
Morgan
Murray
Muscogee
Newton
Oconee
Oglethorpe
Paulding
Peach
Pickens
Pierce
Pike
Polk
Pulaski
Putnam
Quitman
Rabun
Randolph
Richmond
Rockdale
Schley
Screven
Seminole
Spalding
Stephens
Stewart
Sumter
Talbot
Taliaferro
Tattnall
Taylor
Telfair
Terrell
Thomas
Tift
Toombs
Towns
Treutlen
Troup
Turner
Twiggs
Union
Upson
Walker
Walton
Ware
1980
7,038
21,114
14,610
7,011
11,572
19,685
170,108
34,489
12,427
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
14,043
9,057
47,899
21,761
5,896
29,360
6,536
2,032
18,134
7,902
11,445
12,017
38,098
32,862
22,592
5,638
6,087
50,003
9,510
9,354
9,390
25,998
56,470
31,211
37,180
1970
6,424
18,956
10,991
6,099
9,904
12,986
167,377
26,282
7,915
7,598
17,520
15,990
9,620
9,281
7,316
29,656
8,066
8,394
2,180
8,327
8,734
162,437
18,152
3,097
12,591
7,059
39,514
20,331
6,511
26,931
6,625
2,423
16,557
7,865
11,394
11,416
34,562
27,288
19,151
4,565
5,647
44,466
8,790
8,222
6,811
23,505
50,691
23,404
33,525
1960
6,908
19.652
10,495
6,284
10,280
10,447
158,623
20,999
6,304
7,926
13,101
13,846
8,903
9,678
7,138
28,015
8,204
7,798
2,432
7,456
11,078
135,601
10,572
3,256
14,919
6,802
35,404
18,391
7,371
24.652
7,127
3,370
15.837
8,311
11,715
12,742
34,319
23,487
16.837
4,538
5,874
47,189
8,439
7,935
6,510
23,800
45,264
20,481
34,219
1950
9,023
22,528
10,523
7,901
11,899
10,676
118,028
20,185
7,009
9,958
11,752
11,705
8,855
11,112
8,459
30,976
8,808
7,731
3,015
7,424
13,804
108,876
8,464
4,036
18,000
7,904
31,045
16,647
9,194
24,208
7,687
4,515
15,939
9,113
13,221
14,314
33,932
22,645
17,382
4,803
6,522
49,841
10,479
8,308
7,318
25,078
38,198
20,230
30,289
1940
9,998
23,261
10,749
9,668
12,713
11,137
75,494
18,576
7,576
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
20,353
8,492
28,427
12,972
10,603
24,502
8,141
6,278
16,243
10,768
15,145
16,675
31,289
18,599
16,952
4,925
7,632
43,879
10,846
9,117
7,680
25,064
31,024
20,777
27,929
1930
9,076
6,730
23,620
11,606
10,020
12,488
9,215
57,558
17.290
8,082
12,927
12,327
10,268
9,687
12,522
10,853
25,141
9,005
8,367
3,820
6,331
17,174
72,990
7,247
5,347
20,503
7,389
23,495
11,740
11,114
26,800
8,458
6,172
15,411
10,617
14,997
18.290
32,612
16,068
17,165
4,346
7,488
36,752
11,196
8,372
6,340
19,509
26,206
21,118
26,558
CXXXII
POPULATION
County
Warren
Washington
Wayne
Webster
Wheeler
White
Whitfield
Wilcox
Wilkes
Wilkinson
Worth
Total
1980
6,583
18,842
20,750
2,341
5,155
10,120
65,775
7,682
10,951
10,368
18,064
5,462,982
1970
6,669
17,480
17,858
2,362
4,596
7,742
55,108
6,998
10,184
9,393
14,770
4,589,575
1960
7,360
18,903
17,921
3,247
5,342
6,935
42,109
7,905
10,961
9,250
16,682
3,943,116
1950
8,779
21,012
14,248
4,081
6,712
5,951
34,432
10,167
12,388
9,781
19,357
3,444,578
1940
10,236
24,230
13,122
4,726
8,536
6,417
26,105
12,755
15,084
11,025
21,374
3,123,723
1930
11,181
25,030
12,647
5,032
9,149
6,056
20,808
13,439
15,944
10,844
21,094
2,908,506
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 NUMERICALLY LISTED
ACCORDING TO 1980 CENSUS
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
6,536
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
POPULATION
CXXXIII
County
Dodge .......
Madison .....
Worth........
Tattnall.....
Effingham____
Jefferson....
Haralson.....
McDuffie.....
Hart.........
Elbert ......
Washington ..
Peach........
Burke .......
Crisp........
Murray.......
Grady .......
Wayne........
Emanuel......
Mitchell ....
Meriwether ..
Barrow ......
Chattahoochee
Stephens.....
Chattooga____
Toombs.......
Habersham ..
Jackson......
Decatur......
Upson .......
Paulding.....
Coffee.......
Forsyth......
Fayette......
Sumter.......
Gordon ......
Walton ......
Polk.........
Tift.........
Population
16,955
17,747
18,064
18,134
18,327
18,403
18,422
18,546
18,585
18,758
18,842
19,151
19,349
19,489
19,685
19,845
20,750
20,795
21,114
21,229
21,354
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 ..
Population
34,489
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
. 5,462,982
CXXXIV MEMBERS OF THE GENERAL ASSEMBLY
GEORGIA STATE SENATE
Senatorial
COUNTY District
Senatorial
COUNTY District
Appling
Atkinson
Bacon
Baker
Baldwin
Banks
Barrow
Bartow
Ben Hill
Berrien
Bibb
Bleckley
Brantley
Brooks
Bryan
Bulloch
Burke
Butts
Calhoun
Camden
Candler
Carroll
Catoosa
Charlton
Chatham
Chattahoochee
Chattooga
Cherokee
Clarke
Clay
Clayton
Clinch
Cobb
Coffee
Colquitt
Columbia
Cook
Coweta
Crawford
Crisp
Dade
Dawson
Decatur
DeKalb
Dodge
Dooly
Dougherty
Douglas
Early
Echols
Effingham
Elbert
Emanuel
Evans
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
Fannin
Fayette
Floyd
Forsyth
Franklin
Fulton
Gilmer
Glascock
Glynn
Gordon
Grady
Greene
Gwinnett
Habersham
Hall
Hancock
Haralson
Harris
Hart
Heard
Henry
Houston
Irwin
Jackson
Jasper
Jeff Davis
Jefferson
Jenkins
Johnson
Jones
Lamar
Lanier
Laurens
Lee
Liberty
Lincoln
Long
Lowndes
Lumpkin
Macon
Madison
Marion
McDuffie
McIntosh
Meriwether
Miller
Mitchell
Monroe
Montgomery
Morgan
Murray
Muscogee
Newton
51
34
52
49 & 56
47
34/36, 38/40,
56
51
21
3 & 6
51
10
24
9 & 48
50
49
25
31
29
47
29
17
18
13
46 & 47
25
19
21
21
20
25
27
7
20
14
3
24
4
8
50
14
47
16
24
3
29
11
11
27
20
25
54
15 & 16
45
MEMBERS OF THE GENERAL ASSEMBLY CXXXV
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
46
24
31
14
51
6
28
31
19
25
11
50
11
22 & 23
45
14
21
11
28
50
11
14
16
24
4
14
COUNTY
Senatorial
District
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
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
CXXXVI MEMBERS OF THE GENERAL ASSEMBLY
SENATORS OF GEORGIA
ALPHABETICALLY ARRANGED ACCORDING TO
NAMES, WITH DISTRICTS AND ADDRESSES
FOR THE TERM 1985-1986
District Name
Address
23 Frank A. Albert......
22Thomas F. Allgood.....
29 A. Quillian Baldwin, Jr..
18 Ed Barker ...........
33 Roy E. Barnes .......
39 Julian Bond..........
13 Rooney L. Bowen......
51 Max Brannon .........
56Haskew H. Brantley, Jr.
46Paul C. Broun.........
47:M. Parks Brown.......
3 Glenn E. Bryant .....
5Joe Burton ...........
28Kyle Cobb ............
1J. Tom Coleman........
40 Paul D. Coverdell ...
45Harrill L. Dawkins....
49 J. Nathan Deal ......
31Nathan Dean...........
21Bill English..........
34 Bev Engram ..........
54W. W. (Bill) Fincher, Jr.
50 John C. Foster.......
30 Wayne Garner ........
20Hugh M. Gillis, Sr....
26 Richard L. Greene....
27 W. F. (Billy) Harris.
37Carl Harrison.........
52 Edward Hine, Jr......
12A1 Holloway...........
17Janice S. Horton......
42Pierre Howard.........
15 Floyd Hudgins........
53 Waymond C. Huggins ..,
4 Joseph E. Kennedy....
25Culver Kidd...........
16 Ted J. Land..........
35 Arthur Langford, Jr..
24 Sam P. McGill .......
14 Lewis H. (Bud) McKenzie
48Donn H. Peevy.........
7Ed Perry..............
9R. T. (Tom) Phillips ..
19 Walter S. Ray........
.........3102 Walton Way Ext., Augusta 30909
...............P.O. Box 1523, Augusta 30903
...............P.O. Box 1364, LaGrange 30241
.........P.O. Box 5036, Warner Robins 31099
......... 4841 Brookwood Dr., Mableton 30059
.........361 West View Dr., SW, Atlanta 30310
...................... Box 417, Vienna 31092
...............P.O. Box 1027, Calhoun 30701
...............P.O. Box 605, Alpharetta 30201
...............165 Pulaski St., Athens 30610
...................P.O. Box 37, Hartwell 30643
...............P.O. Box 585, Hinesville 31313
..... 2598 Woodwardia Rd., NE, Atlanta 30345
...................P.O. Box 1010, Griffin 30224
...............P.O. Box 22398, Savannah 31403
.........2015 Peachtree Rd., NE, Atlanta 30309
..... 1445-A Old McDonough Rd., Conyers 30207
............P.O. Box 2522, Gainesville 30503
............ 340 Wingfoot St., Rockmart 30153
...............214 Golf Dr., Swainsboro 30401
749 Pinehurst Dr., P.O. Box 908, Fairburn 30213
............P.O. Drawer 400, Chatsworth 30705
..................P.O. Box 100, Cornelia 30531
............25 Azalea Trail, Carrollton 30117
...............P.O. Box 148, Soperton 30457
.. Suite 517, Trust Co. Bank Bldg., Macon, 31201
1261 Willingham Springs Rd., Thomaston 30286
...............P.O. Box 1374, Marietta 30061
...................P.O. Box 5511, Rome 30161
..................P.O. Box 588, Albany 31702
......... 430 Burke Circle, McDonough 30253
500 Fidelity National Bank Bldg., Decatur 30030
............P.O. Box 12127, Columbus 31907
...............P.O. Box 284, LaFayette 30728
..................P.O. Box 246, Claxton 30417
............P.O. Box 370, Milledgeville 31061
..... 1069 Standing Boy Court, Columbus 31904
......... 1544 Niskey Lake Trail, Atlanta 30331
...............P.O. Box 520, Washington 30673
...............P.O. Box 565, Montezuma 31063
............P.O. Box 862, Lawrenceville 30245
...............P.O. Box 496, Nashville 31639
..... 1703 Pounds Rd., Stone Mountain 30087
......................Box 295, Douglas 31533
MEMBERS OF THE GENERAL ASSEMBLY CXXXVII
6Riley Reddish...........
2Albert (Al) Scott.......
36David Scott............
44Terrell Starr...........
55Lawrence (Bud) Stumbaugh
38Horace Tate.............
11Jimmy Hodge Timmons ...
32Jim Tolleson...........
10Paul Trulock ..........
8Loyce W. Turner........
41James W. (Jim) Tysinger ...
43Eugene P. (Gene) Walker ..
...................Cherokee Lake, Jesup
738 E. Victory Dr., P.O. Box 1704, Savannah
...........190 Wendell Dr., SE, Atlanta
...... 4766 Tanglewood Lane, Forest Park
......1071 Yemassee Trail, Stone Mountain
...............621 Lilia Dr., SW, Atlanta
...................132 Woodlawn, Blakely
...........2195 Beech Valley Dr., Smyrna
...................P.O. Box 70, Climax
........... 608 Howellbrook Dr., Valdosta
......... 3781 Watkins Place NE, Atlanta
......... 2231 Chevy Chase Lane, Decatur
31545
31402
30315
30050
30083
30310
31723
30080
31734
31602
30319
30032
CXXXVIII MEMBERS OF THE GENERAL ASSEMBLY
MEMBERS OF THE SENATE OF GEORGIA
BY DISTRICTS IN NUMERICAL ORDER
AND ADDRESSES
FOR THE TERM 1985-86
District 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.........................P.O. Box 496
Nashville 31639
8 ..........Loyce W. Turner..................608 Howellbrook Dr.
Valdosta 31602
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 5036
Warner Robins 31099
19 .........Walter S. Ray....................Box 295
Douglas 31533
20 .........Hugh M. Gillis, Sr...............P.O. Box 148
Soperton 30457
21 .........Bill English.....................214 Golf Dr.
Swainsboro 30401
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
MEMBERS OF THE GENERAL ASSEMBLY CXXXIX
. Thomas F. Allgood....
. Frank A. Albert......
. Sam P. McGill........
. Culver Kidd..........
Richard L. Greene......
W. F. (Billy) Harris...
Kyle Cobb..............
A. Quillian Baldwin, Jr..
Wayne Garner...........
Nathan Dean............
Jim Tolleson...........
Roy E. Barnes.............
Bev Engram................
Arthur Langford, Jr.......
David Scott...............
Carl Harrison..........
Horace E. Tate.........
Julian Bond............
Paul D. Coverdell......
James W. (Jim) Tysinger.
Pierre Howard..........
Eugene P. (Gene) Walker.
Terrell Starr..........
Harrill L. Dawkins.....
P.O. Box 1523
Augusta 30903
3102 Walton Way Ext.
Augusta 30909
P.O. Box 520
Washington 30673
P.O. Box 370
Milledgeville 31061
Suite 517
Trust Co. Bank Bldg.
Macon 31201
1261 Willingham Springs Rd.
Thomaston 30286
P.O. Box 1010
Griffin 30224
P.O. Box 1364
LaGrange 30241
25 Azalea Trail
Carrollton 30117
340 Wingfoot St.
Rockmart 30153
2195 Beech Valley Drive
Smyrna 30080
4841 Brookwood Drive
Mableton 30059
749 Pinehurst Dr.
P.O. Box 908
Fairburn 30213
1544 Niskey Lake Trail
Atlanta 30331
190 Wendell Dr. SE
Atlanta 30315
P.O. Box 1374
Marietta 30061
621 Lilia Dr. SW
Atlanta 30310
361 West View Dr., SW
Atlanta 30310
2015 Peachtree Rd., NE
Atlanta 30309
3781 Watkins Place NE
Atlanta 30319
500 Fidelity National Bank
Bldg.
Decatur 30030
2231 Chevy Chase Lane
Decatur 30032
4766 Tangle wood Lane
Forest Park 30050
1445-A Old McDonough Rd.
Conyers 30207
47
48
49
50
51
52
53
54
55
56
MEMBERS OF THE GENERAL ASSEMBLY
Paul C. Broun....................165 Pulaski St.
Athens 30610
M. Parks Brown...................P.O. Box 37
Hartwell 30643
Donn M. Peevy....................P.O. Box 862
Lawrenceville 30245
J. Nathan Deal...................P.O. Box 2522
Gainesville 30503
John C. Foster...................P.O. Box 100
Cornelia 30531
Max Brannon......................P.O. Box 1027
Calhoun 30701
Edward Hine, Jr..................P.O. Box 5511
Rome 30161
Waymond C. Huggins...............P.O. Box 284
LaFayette 30728
W. W. (Bill) Fincher, Jr.........P.O. Drawer 400
Chatsworth 30705
Lawrence (Bud) Stumbaugh.........1071 Yemassee Trail
Stone Mountain 30083
Haskew H. Brantley, Jr...........P.O. Box 605
Alpharetta 30201
MEMBERS OF THE GENERAL ASSEMBLY
CXLI
GEORGIA HOUSE OF REPRESENTATIVES
COUNTY
House
District
COUNTY
House
District
Appling
Atkinson
Bacon
Baker
Baldwin
Banks
Barrow
Bartow
Ben Hill
Berrien
Bibb
Bleckley
Brantley
Brooks
Bryan
Bulloch
Burke
Butts
Calhoun
Camden
Candler
Carroll
Catoosa
Charlton
Chatham
Chattahoochee
Chattooga
Cherokee
Clarke
Clay
Clayton
Clinch
Cobb
Coffee
Colquitt
Columbia
Cook
Coweta
Crawford
Crisp
Dade
Dawson
Decatur
DeKalb
Dodge
Dooly
Dougherty
Douglas
Early
Echols
Effingham
Elbert
Emanuel
Evans
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
139
144 & 145
83 & 84
146
71, 75, 77 & 91
80 & 98
135
1 &5
9
141 & 142
43/58
118
135
132/134, 140
41, 42 & 70
140
147
129
14
109
121
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
Oconee
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
3
92/97
66 & 74
66
CXLII
MEMBERS OF THE GENERAL ASSEMBLY
COUNTY
House
District
Oglethorpe
Paulding
Peach
Pickens
Pierce
Pike
Polk
Pulaski
Putnam
Quitman
Rabun
Randolph
Richmond
Rockdale
Schley
Screven
Seminole
Spalding
Stephens
Stewart
Sumter
Talbot
Taliaferro
Tattnall
Taylor
Telfair
14
18 & 41
98
8
152
75 & 79
17 & 18
117
106
130
4
130
85/90
57
112
110 & 111
114
75 & 76
11
130
116
91
82
121
112
118 & 137
COUNTY
House
District
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
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 CXLIII
MEMBERS OF
GEORGIA HOUSE OF REPRESENTATIVES
ALPHABETICALLY ARRANGED ACCORDING TO NAMES,
WITH DISTRICTS AND ADDRESSES
FOR THE TERM 1985-1986
District Representative
Address
56...........Betty Aaron...............
36...........G. D. Adams...............
79...........Marvin Adams..............
21-Post 1....Fred Aiken................
57-Post 3....Dean Alford...............
127...........Roy L. Allen..............
8-Post 1...Wendell T. Anderson, Sr....
68...........Bob Argo..................
57-Post 1....Troy A. Athon.............
21-Post 3....Bill Atkins...............
156...........Dean G. Auten.............
72-Post 5....Frank I. Bailey, Jr.......
140...........Ralph J. Balkcom..........
62...........Charles E. Bannister......
108...........Emory E. Bargeron.........
10...........Bill H Barnett............
59...........O. M. (Mike) Barnett......
148...........James M. Beck.............
72-Post 2....Jimmy W. Benefield........
38...........Lorenzo Benn..............
104...........Kenneth (Ken) W. Birdsong
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
312 Emily Dr.
Lilburn 30247
P.O. Box 447
202 E. Fifth St.
Louisville 30434
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
Route 1
Gordon 31031
CXLIV
MEMBERS OF THE GENERAL ASSEMBLY
94 ........Sanford D. Bishop, Jr.....
30..........Paul Bolster..............
138..........Henry Bostick.............
137..........Paul S. Branch, Jr........
91..........Claude A. Bray, Jr........
34..........Tyrone Brooks.............
88 ........George M. Brown...........
154..........Joe E. Brown..............
95 ........Thomas B. Buck III........
20-Post 2...A. L. (Al) Burruss........
153-Post 2...Roger C. Byrd.............
146..........Hanson Carter.............
133..........Tommy Chambless...........
129..........George A. Chance, Jr.........
89 ........Don Cheeks................
15-Post 1...E. M. (Buddy) Childers
53...........Mrs. Mobley (Peggy) Childs.
55...........Betty J Clark.............
13-Post 1...Louie Max Clark...........
23...........Luther S. Colbert.........
118..........Terry L. Coleman..........
4-Post 1....Carlton H. Colwell........
87...........Jack Connell..............
20-Post 3....Bill Copper...............
106..........Jesse Copelan, Jr.........
40...........Barbara H. Couch..........
. P.O. Box 709
Columbus 31902
. 660 Woodland Ave., SE
Atlanta 30316
. P.O. Box 94
Tifton 31793
. Route 4, Box 499-A
Fitgerald 31750
. P.O. Box 549
Manchester 31816
. Station A, P.O. Box 11185
Atlanta 30310-0185
. P.O. Box 1114
Augusta 30903
. 217 Cherokee Trail
Hinesville 31313
. P.O. Box 196
Columbus 31902
. P.O. Box 6338
Marietta 30062
. P.O. Box 756
Hazlehurst 31539
, 808 River Rd.
Nashville 31639
P.O. Box 2008
Albany 31702
P.O. Box 373
Springfield 31329
3047 Walton Way
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
2432 Powder Springs Rd.
Marietta 30064
P.O. Box 109
Eatonton 31024
2864 W. Roxboro Rd. NE
Atlanta 30324
MEMBERS OF THE GENERAL ASSEMBLY
CXLV
141.........Walter E. Cox........
5..........John G. Crawford
150 .......Tom Crosby, Jr.......
17..........*. Bill Cummings.....
33..........J. C. Daugherty, Sr. ..
45..........J. Max Davis.........
29..........Douglas C. Dean......
151 .........Harry D. Dixon.......
74..........Denny M. Dobbs.......
11-Post 1...William J. Dover.....
73..........Wesley Dunn..........
112...........Ward Edwards ........
84..........Warren D. Evans......
22..........Dorothy Felton.......
6-Post 2...Philip A. (Phil) Foster
97..........Mary Jane Galer......
110...........John F. Godbee.......
63..........Bill Goodwin.........
130 .........Gerald E. Green......
39..........John W. Greer........
99..........Denmark Groover, Jr.
124...........DeWayne Hamilton...
131 .........Bob Hanner...........
8-Post 2...W. G. (Bill) Hasty, Sr..
202 West St.
Bainbridge 31717
Route 1, Box 518
Lyerly 30730
705 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
1303 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
401 Lane St.
Brooklet 30415
3823 Club Forest Dr.
Norcross 30092
Route 3, Box 119
Cuthbert 31740
925 Healey Bldg.
Atlanta 30303
165 First Street
P.O. Box 755
Macon 31202
P.O. Box 14562
Savannah 31406
Route 1, Box 26
Parrott 31777
Route 9, Hilton Way
Canton 30114
CXLVI MEMBERS OF THE GENERAL ASSEMBLY
1-Post 2....Forest Hays, Jr........
43...........Paul W. Heard, Jr......
83...........James P. (Jim) Hill....
72-Post 3....C. E. (Ed) Holcomb.....
28...........Bob Holmes.............
116 ..........George Hooks...........
103............Frank Horne............
117 ..........Newt Hudson............
21-Post 2....Johnny Isakson.........
9-Post 3....Jerry D. Jackson.......
65...........Neal Jackson...........
11-Post 2....Mary Jeanette Jamieson
123............Diane Harvey Johnson..
21-Post 4....Frank B. Johnson.......
72-Post 4....Rudolph Johnson........
76...........Suzi Johnson...........
42...........Thomas M. Kilgore......
125............Jack Kingston..........
Ill............Bob Lane...............
27...........Dick lane..............
20-Post 5....Terry D. Lawler........
49...........Tom Lawrence...........
9-Post 2....Bobby Lawson...........
72-Post 1....Bill Lee...............
70...........Carolyn W. Lee.........
Route 2
Flintstone 30725
102 Camp Creek Court
Peachtree City 30269
471 Stevens Creek Rd.
Martinez 30907
P.O. Box 122
Jonesboro 30237
1850 King Geo. Lane, SW
Atlanta 30331
P.O. Box 928
Americus 31709
850 Walnut St.
Macon 31201
Route 1, Box 29-A
Rochelle 31079
5074 Hampton Farms Dr.
Marietta 30067
P.O. Box 7275
Chestnut Mountain 30502
316 N. Broad St.
Monroe 30655
P.O. Box 852
Toccoa 30577
1201 E. Duffy St.
P.O. Box 5544
Savannah 31414
436 Concord Rd.
Smyrna 30080
5604 Reynolds Rd.
Morrow 30260
P.O. Box 277
Orchard Hill 30266
1992 Tara Circle
Douglasville 30135
30 Wylly Ave.
Savannah 31406
205 Aldred Ave.
Statesboro 30458
2704 Humphries St.
East Point 30344
P.O. Box 189
Clarkdale 30020
2283 Stratmor Dr.
Stone Mountain 30087
P.O. Box 53
Gainesville 30503
5325 Hillside Dr.
Forest Park 30050
546 Burwell Road
Carrollton 30117
MEMBERS OF THE GENERAL ASSEMBLY CXLVII
44...........John Linder...............
67...........Hugh Logan................
142..........Bobby Long................
107..........Jimmy Lord................
102..........David E. Lucas............
25 .........John M. Lupton............
7..........J. C. Maddox..............
57-Post 2....William C. (Bill) Mangum, Jr.
60...........Charles C. Martin.........
26 .........Jim Martin................
145..........Hugh D. Matthews..........
12...........Lauren (Bubba) McDonald, Jr
15-Post 2....Forrest L. McKelvey.......
35...........J. E. (Billy) McKinney....
81...........Wade Milam................
13-Post 2....Billy Milford.............
153-Post 1...Lundsford Moody...........
139..........James C. Moore............
47...........Chesley V. Morton, Jr.....
75...........John L. Mostiler..........
93...........Roy D. Moultrie...........
126..........Anne Mueller..............
18...........Thomas B. Murphy..........
121..........Clinton Oliver............
1-Post 1...Donald F. Oliver..........
5039 Winding Branch Dr.
Dunwoody 30338
1328 Prince Ave.
Athens 30601
1466 6th St., NW
Cairo 31728
P.O. Box 254
Sandersville 31082
448 Woolfolk St.
Macon 31201
594 Westover Dr.
Atlanta 30305
P.O. Box 577
Calhoun 30701
4320 Pleasant Forest Dr.
Decatur 30034
470 Hill St.
Buford 30518
Suite 615, 161 Spring St.
Atlanta 30303
Route 1, Box 913
Moultrie 31768
Route 5, Dogwood Trail
Commerce 30529
104 Hooper Str., RFD 1
Lindale 30147
765 Shorter Terrace NW
Atlanta 30318
419 College Ave.
P.O. Box 1361
LaGrange 30241
Route 3
Hartwell 30643
Route 1, Box 205
Baxley 31513
Route 2
West Green 31567
3580 Coldwater Canyon Ct.
Tucker 30084
150 Meadovista Dr.
Griffin 30223
P.O. Box 119
Hamilton 31811
13013 Hermitage Rd.
Savannah 31419
P.O. Drawer 1076
Bremen 30110
P.O. Box 237
Glennville 30427
P.O. Box 386
16 Euclid Ave.
Chickamauga 30707
CXLVIII MEMBERS OF THE GENERAL ASSEMBLY
86...........Mike Padgett.............
122...........James L. (Jim) Pannell ..
105...........Bobby Eugene Parham...
109...........Larry J. "Butch Parrish.
149...........Robert L. Patten.........
2............Robert G. (Bob) Peters ...
19...........Boyd Pettit..............
120...........L. L. (Pete) Phillips....
100
119
135
3
155
101
90
98
147
50
52
58
96
82
144
64
Frank C. Pinkston.......
DuBose Porter...........
Howard H. Rainey........
Tom Ramsey..............
Virginia P. Ramsey......
William C. (Billy) Randall.
Dick Ransom.............
Robert Ray..............
Henry L. Reaves.........
Frank L. Redding, Jr....
Eleanor L. Richardson
Cas Robinson............
Pete Robinson...........
Ben Barron Ross.........
A. Richard Royal........
John D. Russell.........
Route 1, Box 5
Augusta 30906
218 W. State St.
P.O. Box 10186
Savannah 31412
P.O. Box 606
Milledgeville 31061
224 W. Main St.
Swainsboro 30401
Route 1, Box 180
Lakeland 31635
P.O. Box 550
Ringgold 30736
P.O. Box 1256
Cartersville 30120
P.O. Box 166
Soperton 30457
P.O. Box 4872
Macon 31208
125 N. Franklin St.
Dublin 31021
913 Third Ave., E
Cordele 31015
P.O. Box 1130
Chatsworth 30705
393 Lake Circle Drive
Brunswick 31520
2770 Hillcrest Ave.
Macon 31204
2748 Mayo Rd.
Augusta 30907
Route 1, Box 189
Fort Valley 31030
Route 2, Box 83
Quitman 31643
P.O. Box 117
Decatur 30030
755 Park Lane
Decatur 30033
4720 Fellswood Dr.
Stone Mountain 30083
P.O. Box 2648
Columbus 31994
P.O. Box 245
Lincolnton 30817
20 N. Scott St.
Camilla 31730
P.O. Box 588
Winder 30680
Jones Ferry Rd., Box 315
Palmetto 30268
32
Mrs. Helen Selman
MEMBERS OF THE GENERAL ASSEMBLY CXLIX
71......
143......
37......
136......
78......
16......
152......
92......
66......
46......
69......
31......
20-Post 4
24......
128......
4-Post 2
113 .....
80......
85......
115......
61......
77......
114 .....
41......
132......
J. Neal Shepard, Jr. ..,
Allen Sherrod.......
Georganna T. Sinkfield
Earleen Sizemore......
Larry Smith.........
Paul E. Smith.......
Tommy Smith..............
Calvin Smyre.............
Frank E. Stancil.........
Cathey W. Steinberg......
Charles Thomas...........
Mable Thomas.............
Steve Thompson...........
Kiliaen V. R. (Kil) Townsend
Tom Triplett.............
Ralph Twiggs.............
Ted W. Waddle............
Kenneth Waldrep..........
Charles W. Walker........
Larry Walker.............
Vinson Wall..............
J. Crawford Ware............
Roy H. (Sonny) Watson, Jr....
Charlie Watts...............
. P.O. Box 836
Newnan 30264
. Route 1
Coolidge 31738
, 179 Tonawanda Dr., SE
Atlanta 30315
. Route 3
Sylvester 31791
. P.O. Box 4155
Jackson 30233
. 2 Saddle Horn Drive
P.O. Box 486
Rome 30162
. Route 1
Alma 31510
. P.O. Box 181
Columbus 31902
. P.O. Box 694
Watkinsville 30677
. 1732 Dunwoody Place NE
Atlanta 30324
. P.O. Box 686
Temple 30179
. P.O. Box 573
Atlanta 30301
. 4265 Bradley Dr.
Austell 30001
. 56 Paces West Drive NW
Atlanta 30327
. P.O. Box 9586
Savannah 31402
. P.O. Box 432
Hiawassee 30546
. 113 Tanglewood Dr.
Warner Robins 31093
. 87 N. Lee St.
Forsyth 31029
. 1402 Twelfth St.
Augusta 30901
. P.O. Box 1234
Perry 31069
. 164 E. Oak St.
Lawrenceville 30245
. P.O. Box305
Hogansville 30230
. P.O. Box 1905
Warner Robins 31099
. 505 Hardee St.
Dallas 30132
. P.O. Box 3506
Albany 31706
John White
CL MEMBERS OF THE GENERAL ASSEMBLY
21-Post 5....Tom Wilder.........................2920 Rockbridge Rd.
Marietta 30066
48...........Betty Jo Williams..................2024 Castleway Dr. NE
Atlanta 30345
54...........Juanita Terry Williams.............8 E. Lake Dr. NE
Atlanta 30317
6-Post 1...Roger Williams.....................132 Huntington Rd.
Dalton 30720
20-Post 1....Joe Mack Wilson....................77 Church St.
Marietta 30060
9-Post 1...Joe T. Wood........................P.O. Drawer 1417
Gainesville 30503
51...........Ken Workman........................3383 Hyland Dr.
Decatur 30032
14...........Charles W. Yeargin.................P.O. Box 584
Elberton 30635
134..........Mary M. Young......................423 Holloway Ave.
Albany 31705
MEMBERS OF THE GENERAL ASSEMBLY
CLI
MEMBERS OF
GEORGIA HOUSE OF REPRESENTATIVES
FOR THE TERM 1985-1986
BY DISTRICTS AND ADDRESSES
District Representative
Address
1-Post 1...Donald F. Oliver.............
1-Post 2...Forest Hays, Jr..............
2 ........Robert G. (Bob) Peters.......
3 ........Tom Ramsey...................
4-Post 1...Carlton H. Colwell...........
4-Post 2...Ralph Twiggs.................
5..........John G. Crawford.............
6-Post 1...Roger Williams...............
6-Post 2...Philip A. (Phil) Foster......
7..........J. C. Maddox.................
8-Post 1...Wendell T. Anderson, Sr......
8- Post 2.W. G. (Bill) Hasty, Sr.......
9- Post 1.Joe T. Wood..................
9-Post 2...Bobby Lawson.................
9-Post 3...Jerry D. Jackson.............
10............Bill H. Barnett..............
11-Post 1.....William J. Dover.............
11-Post 2.....Mary Jeanette Jamieson.......
12............Lauren (Bubba) McDonald, Jr.
13-Post 1.....Louie Max Clark..............
13-Post 2.....Billy Milford................
P.O. Box 386
16 Euclid Ave.
Chickamauga 30307
Route 2
Flintstone 30725
P.O. Box 550
Ringgold 30736
P.O. Box 1130
Chatsworth 30705
P.O. Box 850
Blairsville 30512
P.O. Box 432
Hiawassee 30546
Route 1, Box 518
Lyerly 30730
132 Huntington Rd.
Dalton 30720
411 College Dr. Apt E 16
Dalton 30720
P.O. Box 577
Calhoun 30701
RFD 4
Canton 30114
Route 9, Hilton Way
Canton 30114
P.O. Drawer 1417
Gainesville 30503
P.O. Box 53
Gainesville 30503
P.O. Box 7275
Chestnut Mountain 30502
P.O. Box 755
Cumming 30130
"Timbrook, Route 2
Clarkesville 30523
P.O. Box 852
Toccoa 30577
Route 5, Dogwood Trail
Commerce 30529
RFD 2
Danielsville 30633
Route 3
Hartwell 30643
CLII MEMBERS OF THE GENERAL ASSEMBLY
14..........Charles W. Yeargin.........
15-Post 1...E. M. (Buddy) Childers.....
15-Post 2...Forrest L. McKelvey........
16 ........Paul E. Smith..............
17 ........Bill Cummings..............
18 ........Thomas B. Murphy...........
19 ........Boyd Pettit ...............
20-Post 1...Joe Mack Wilson............
20-Post 2...A. L. (Al) Burruss.........
20-Post 3...Bill Copper................
20-Post 4...Steve Thompson.............
20- Post 5.Terry D. Lawler............
21- Post 1.Fred Aiken.................
21-Post 2...Johnny Isakson.............
21-Post 3...Bill Atkins................
21-Post 4...Frank B. Johnson...........
21-Post 5...Tom Wilder.................
22 ........Dorothy Felton.............
23 ........Luther. S. Colbert.........
24 ........Kiliaen V. R. (Kil) Townsend
25 ........John M. Lupton.............
26 ........Jim Martin.................
27 ........ Dick Lane.................
28 ........Bob Holmes.................
29 ........Douglas C. Dean............
P.O. Box 584
Elberton 30635
15 Kirkwood St.
Rome 30161
104 Hooper St., RFD 1
Lindale 30147
2 Saddle Horn Drive
P.O. Box 486
Rome 30162
Route i 508 Morgan Valley Rd.
Rockmart 30153
P.O. Drawer 1076
Bremen 30110
P.O. Box 1256
Cartersville 30120
77 Church St.
Marietta 30060
P.O. Box 6338
Marietta 30062
2432 Powder Springs Rd.
Marietta 30064
4265 Bradley Dr.
Austell 30001
P.O. Box 189
Clarkdale 30020
4020 Pineview Dr. SE
Smyrna 30080
5074 Hampton Farms Dr.
Marietta 30067
4719 Windsor Dr.
Smyrna 30080
436 Concord Rd.
Smyrna 30080
2920 Rockbridge Rd.
Marietta 30066
465 Tanacrest Dr. NW
Atlanta 30328
495 Houze Way
Roswell 30076
56 Paces West Drive NW
Atlanta 30327
594 Westover Dr.
Atlanta 30305
Suite 615, 161 Spring St.
Atlanta 30303
2704 Humphries St.
East Point 30344
1850 King Geo. Lane, SW
Atlanta 30331
346 Arthur St. SW
Atlanta 30310
MEMBERS OF THE GENERAL ASSEMBLY
CLIII
30 ........Paul Bolster.............
31 ........Mable Thomas.............
32 ........Mrs. Helen Selman........
33 ........J. C. Daugherty, Sr......
34 ........Tyrone Brooks............
35 ........J. E. (Billy) McKinney ....
36 ........G. D. Adams..............
37 ........Georganna T, Sinkfield ...
38 ........Lorenzo Benn.............
39 ........John W. Greer............
40 ........Barbara H. Couch.........
41 ........Charlie Watts............
42 ........Thomas M. Kilgore..........
43 ........Paul W. Heard, Jr........
44 ........John Linder..............
45 ........J. Max Davis.............
46 ........Cathey W. Steinberg......
47 ........Chesley V. Morton, Jr....
48 ........Betty Jo Williams........
49 ........Tom Lawrence...............
50 ........Frank L. Redding, Jr.......
51 ........Ken Workman..............
52 ........Eleanor L. Richardson....
53 ........Mrs. Mobley (Peggy) Childs.
54 ........Juanita Terry Williams___
660 Woodland Ave., SE
Atlanta 30316
P.O. Box 573
Atlanta 30301
Jones Ferry Rd., Box 315
Palmetto 30268
202 Daugherty Bldg.
15 Chestnut St. SW
Atlanta 30314
Station A, P.O. Box 1185
Atlanta 30310-0185
765 Shorter Terrace NW
Atlanta 30318
3417 Northside Dr.
Hapeville 30354
179 Tonawanda Dr., SE
Atlanta 30315
579 Fielding Lane SW
Atlanta 30311
925 Healey Bldg.
Atlanta 30303
2864 W. Roxboro Rd. NE
Atlanta 30324
505 Hardee St.
Dallas 30132
1992 Tara Circle
Douglasville 30135
102 Camp Creek Court
Peachtree City 30269
5039 Winding Branch Dr.
Dunwoody 30338
1177 W. Nancy Creek Dr. NE
Atlanta 30319
1732 Dunwoody Place NE
Atlanta 30324
3580 Coldwater Canyon Ct.
Tucker 30084
2024 Castleway Dr. NE
Atlanta 30345
2283 Stratmor Dr.
Stone Mountain 30087
P.O. Box 117
Decatur 30030
3383 Hyland Dr.
Decatur 30032
755 Park Lane
Decatur 30033
520 Westchester Dr.
Decatur 30030
8 E. Lake Dr. NE
Atlanta 30317
CLIV
MEMBERS OF THE GENERAL ASSEMBLY
55 .........Betty J. Clark....................P.O. Box 17852
Atlanta 30316
56 .........Betty Aaron.......................3920 Johns Hopkins Ct.
Decatur 30034
57-Post 1....Troy A. Athon.....................1161 Valley Dr. NE
Conyers 30207
57-Post 2....William C. (Bill) Mangum, Jr......4320 Pleasant Forest Dr.
Decatur 30034
57-Post 3....Dean Alford.......................20 Willowick Dr.
Lithonia 30058
58 .........Cas Robinson......................4720 Fellswood Dr.
Stone Mountain 30083
59 .........O. M. (Mike) Barnett..............1472 Ridgewood Dr.
Lilburn 30247
60 .........Charles C. Martin.................470 Hill St.
Buford 30518
61 .........Vinson Wall ..............164 E. Oak St.
Lawrenceville 30245
62 .........Charles E. Bannister..............312 Emily Dr.
Lilburn 30247
63 .........Bill Goodwin......................3823 Club Forest Dr.
Norcross 30092
64 .........John D. Russell...................P.O. Box 588
Winder 30680
65 .........Neal Jackson......................316 N. Broad St.
Monroe 30655
66 .........Frank E. Stancil..................P.O. Box 694
Watkinsville 30677
67 .........Hugh Logan........................1328 Prince Ave.
Athens 30601
68 .........Bob Argo..........................P.O. Box 509
Athens 30603
69 .........Charles Thomas....................P.O. Box 686
Temple 30179
70 .........Carolyn W. Lee....................546 Burwell Road
Carrollton 30117
71 .........J. Neal Shepard, Jr...............P.O. Box 836
Newnan 30264
72-Post 1....Bill Lee..........................5325 Hillside Dr.
Forest Park 30050
72-Post 2....Jimmy W. Benefield................6656 Morning Dove Place
Jonesboro 30236
72-Post 3....C. E. (Ed) Holcomb................P.O. Box 122
Jonesboro 30237
72-Post 4....Rudolph Johnson...................5604 Reynolds Rd.
Morrow 30260
72-Post 5....Frank I. Bailey, Jr...............P.O. Box 777
Riverdale 30274
73 .........Wesley Dunn.......................P.O. Box 353
McDonough 30253
74 .........Denny M. Dobbs....................125 Hardwick Dr.
Covington 30209
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
MEMBERS OF THE GENERAL ASSEMBLY
CLV
John L. Mostiler ....
Suzi Johnson.......
J. Crawford Ware ...
Larry Smith........
Marvin Adams.......
Kenneth Waldrep ...
Wade Milam.........
Ben Barron Ross ....
James P. (Jim) Hill..
Warren D. Evans....
Charles W. Walker ..
Mike Padgett.......
Jack Connell.......
George M. Brown....
Don Cheeks.........
Dick Ransom........
Claude A. Bray, Jr...
Calvin Smyre.......
Roy D. Moultrie.....
Sanford D. Bishop, Jr.
Thomas B. Buck III..
Pete Robinson......
Mary Jane Galer....
Robert Ray.........
Denmark Groover, Jr.
150 Meadovista Dr.
Griffin 30223
P.O. Box 277
Orchard Hill 30266
P.O. Box 305
Hogansville 30230
P.O. Box 4155
Jackson 30233
709 Greenwood Rd.
Thomas ton 30286
87 N. Lee St.
Forsyth 31029
419 College Ave.
P.O. Box 1361
LaGrange 30241
P.O. Box 245
Lincolnton 30817
471 Stevens Creek Rd.
Martinez 30907
P.O. Box 539
Thomson 30824
1402 Twelfth St.
Augusta 30901
Route 1, Box 5
Augusta 30906
P.O. Box 308
Augusta 30903
P.O. Box 1114
Augusta 30903
3047 Walton Way
Augusta 30909
2748 Mayo Rd.
Augusta 30907
P.O. Box 549
Manchester 31816
P.O. Box 181
Columbus 31902
P.O. Box 119
Hamilton 31811
P.O. Box 709
Columbus 31902
P.O. Box 196
Columbus 31902
P.O. Box 2648
Columbus 31994
7236 Lullwater Rd.
Columbus 31904
Route 1, Box 189
Fort Valley 31030
165 First Street
P.O. Box 755
Macon 31202
CL VI
MEMBERS OF THE GENERAL ASSEMBLY
100 ........Frank C. Pinkston........
101 ........William C. (Billy) Randall..
102 ........David E. Lucas...........
103 ........Frank Horne..............
104 ........Kenneth (Ken) W. Birdsong
105 ........Bobby Eugene Parham......
106 ........Jesse Copelan, Jr........
107 ........Jimmy Lord...............
108 ........Emory E. Bargeron........
109 ........Larry J. "Butch Parrish...
110 ........John F. Godbee...........
111 ........Bob Lane.................
112 ........Ward Edwards.............
113 ........Ted W. Waddle............
114 ........Roy H. (Sonny) Watson, Jr..
115 ........Larry Walker.............
116 ........George Hooks.............
117 ........Newt Hudson..............
118 ........Terry L. Coleman.........
119 ........DuBose Porter............
120 ........L. L. (Pete) Phillips....
121 ........Clinton Oliver...........
122 ........James L. (Jim) Pannell ....
123 ........Diane Harvey Johnson........
. P.O. Box 4872
Macon 31208
. 2770 Hillcrest Ave.
Macon 31204
. 448 Woolfolk St.
Macon 31201
. 850 Walnut St.
Macon 31201
. Route 1
Gordon 31031
. P.O. Box 606
Milledgeville 31061
. P.O. Box 109
Eatonton 31024
. P.O. Box 254
Sandersville 31082
. P.O. Box 447
202 E. Fifth St.
Louisville 30434
. 224 W. Main St.
Swainsboro 30401
401 Lane St.
Brooklet 30415
. 205 Aldred Ave.
Statesboro 30458
P.O. Box 146
Butler 31006
113 Tanglewood Dr.
Warner Robins 31093
P.O. Box 1905
Warner Robins 31099
P.O. Box 1234
Perry 31069
P.O. Box 928
Americus 31709
Route 1, Box 29-A
Rochelle 31079
P.O. Box 157
Eastman 31023
125 N. Franklin St.
Dublin 31021
P.O. Box 166
Soperton 30457
P.O. Box 237
Glennville 30427
218 W. State St.
P.O. Box 10186
Savannah 31412
1201 E. Duffy St.
P.O. Box 5544
Savannah 31414
124
125
126
127
128
129
130
131
132
133
134
135.
136.
137.
138.
139.
140.
141.
142.
143.
144.
145.
146.
147.
148.
149.
MEMBERS OF THE GENERAL ASSEMBLY
CL VII
. DeWayne Hamilton..
. Jack Kingston....
. Anne Mueller.....
. Roy L. Allen.....
. Tom. Triplett....
. George A. Chance, Jr.
. Gerald E. Greene....
Bob Hanner.........
John White.........
Tommy Chambless...
Mary M. Young......
Howard H. Rainey...
Earleen Sizemore....
Paul S. Branch, Jr...
Henry Bostick......
James C. Moore.....
Ralph J. Balkcom ...
Walter E. Cox......
Bobby Long.........
Allen Sherrod......
A. Richard Royal....
Hugh D. Matthews ..
Hanson Carter......
Henry L. Reaves ....
James M. Beck......
Robert L. Patten ....
P.O. Box 14562
Savannah 31406
30 Wylly Ave.
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
20 N. Scott St.
Camilla 31730
Route 1, Box 913
Moultrie 31768
808 River Rd.
Nashville 31639
Route 2, Box 83
Quitman 31643
2427 Westwood Dr.
Valdosta 31601
Route 1, Box 180
Lakeland 31635
CLVIII MEMBERS OF THE GENERAL ASSEMBLY
150 ........Tom Crosby, Jr.....................705 Wacona Dr.
Waycross 31501
151 ........Harry D. Dixon.....................1303 Coral Rd.
Waycross 31501
152 ........Tommy Smith........................Route 1
Alma 31510
153-Post 1...Lunsford Moody.....................Route 1, Box 205
Baxley 31513
153-Post 2...Roger C. Byrd......................P.O. Box 756
Hazlehurst 31539
154 ........Joe E. Brown.......................217 Cherokee Trail
Hinesville 31313
155 ........Virginia P. Ramsey.................393 Lake Circle Drive
Brunswick 31520
156 ........Dean G. Auten......................628 King Cotton Row
Brunswick 31520
MEMBERS OF THE GENERAL ASSEMBLY
CLIX
STATUS OF REFERENDUM
ELECTIONS FOR THE YEARS
1953 THROUGH 1984
Georgia Laws
1953 (Jan./Feb.)...
1953 (Nov./Dec.) ..
1955 .............
1956 .............
1957 .............
1958 .............
1959 .............
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 ..............
1984 ..............
TOTALS .........
Referendums
Proposed
14
21
17
39
24
45
34
47
27
38
39
35
9
23
25
39
48
48
44
43
3
64
21
25
33
1
26
13
25
5
22
10
36
18
37
980
Election
Results
Not Known
1
5
1
4
3
3
4
Not
Held
42
4
2
2
3
51
Final
Result
11
16
15
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
36
16
34
887
REFERENDUM ELECTIONS
The Act, approved March 4, 1953 (Ga. L. 1953, Jan.-Feb. sess., page 523), provides that the results of all referendum elections which are
provided for by any local or special law enacted by the General Assembly of Georgia shall immediately be certified, by the authority
holding such election, to the Secretary of State. In addition thereto, the citation of the Act involved and the purpose of such election
shall be sent to the Secretary of State at the same time.
Georgia Laws 1953, January-February session:
County
Page
No.
SUBJECT
Date of
Election
Result
Carroll ..
Chatham
DeKalb ..
Franklin .
Gilmer ..
Gilmer ..
Gwinnett
Irwin
Mitchell .
Murray ..
Murray ..
Murray ..
Troup ...
Whitfield
3012
2538
3249
3030
3103
588
3187
2495
2577
2458
2340
2444
2276
2128
Town Mt. Zion ..........
Taxation.........:......
County Commissioners ....
County Commissioners____
City of Ellijay.........
City of Ellijay.........
City of Lawrenceville ..
Tax Commissioner........
City of CamillaTreasurer
Town of Spring Place....
City of Chatsworth......
Tax Commissioner........
City of West Point......
City Court of Dalton....
3- 21-53
Not held
5- 13-53
11- 2-54
6- 1-53
6- 1-53
6-27-53
11- 2-54
Not held
5-19-53
4- 21-53
4- 1-53
3-26-53
For 55
Agn 30
For4445
Agn8483
For1152
Agn 565
For 69
Agn 151
For 69
Agn 151
For 55
Agn 61
For 568
Agn 694
For 36
Agn 48
Election Results
Not Known
For 553
Agn 261
For 250
Agn 112
For 210
Agn2613
CLX RESULTS OF REFERENDUM ELECTIONS
1532
Georgia Laws 1953, November-December session:
County
Page
No.
SUBJECT
Date of
Election
Result
Burke ...
Cherokee
Clayton ..
Clayton ..
Clayton ..
Coweta ..
Crisp
Decatur
DeKalb
Early......
Elbert.....
Forsyth
Greene
Habersham
2049
2668
2855
2029
2064
2040
2407
2197
2578
2282
2987
2674
2455
2745
County Commissioners...............
Certain County Officerscompensation
City of Forest Park................
City of Jonesboro........ .........
City of Lake Tara .................
City of Newnan ....................
City of Cordele . .................
City of West Bainbridge
City of Decatur.......
City of Blakely.......
City of Elberton......
County indebtedness ...
County Commissioners .
City of Clarkesville ....
9- 8-54
11- 2-54
12- 9-53
2- 6-54
10- 5-54
1- 11-54
10-21-54
4-19-54
3- 23-54
3-23-54
2- 16-54
For1833
Agn 648
For 913
Agn 674
Election Results
Not Known
For 64
Agn 229
Election Results
Not Known
For1406
Agn 603
City vote:
For202; Agn132
County vote:
For 23: Agn252
For 200
Agn 527
For 466
Agn 827
For 45
Agn 82
For 958
Agn 248
Election Results
Not Known
For1637
Agn1807
For 154
Agn 164
RESULTS OF REFERENDUM ELECTIONS CLXI
Georgia Laws 1953, November-December session:
County
Page
No.
SUBJECT
Date of
Election
Result
McDuffie..
Miller
Richmond.
Richmond.
Sumter ...
Troup
Twiggs
2584
2814
2610
2476
2972
2858
2570
City of Thomson..........
City Court of Miller County
City of Augusta .........
City of Augusta .........
City of Americus ........
City of West Point...
County Commissioners
3-12-54
11-17-54
1-12-54
1-27-54
11- 2-54
For 253
Agn 290
Election Results
Not Known
Election Results
Not Known
For 259
Agn 189
For 382
Agn 431
City vote:
For140; Agn 6
Outside city vote:
For 65; Agn 53
For 161
Agn 626
Georgia Laws, 1955:
Baldwin ........
Clarke..........
Clayton.........
Clayton & Fulton
County Commissioners.....................
City of Athens/Clarke Countyschool systems
City of Morrow...........................
City of College Park ....................
4- 20-55
5- 4-55
4- 16-55
5- 14-55
For1079
Agn 716
For1124
Agn 564
For 75
Agn 30
For 46
Agn 13
CLXII RESULTS OF REFERENDUM ELECTIONS
Georgia Laws, 1955:
County
DeKalb
Elbert ...
Fulton ...
Gwinnett
Hall.....
Hall.....
Houston .
Jackson..
Laurens .
Lumpkin
Rockdale.
Tift ....
Wayne...
Page
No.
2806
2117
2650
3163
3038
2627
2093
2853
2620
2892
2428
2344
2858
SUBJECT
Form of government
City Court of Elberton ............
City of Hapeville .................
City of Lawrenceville .............
Tax Commissioner...................
Certain County Officerscompensation
City of Warner Robins..............
City of Commerce ..................
City of Dublin.....................
County Commissioners...............
Certain County Officerscompensation
City of Tifton.....................
City of Jesup......................
Date of
Election
5-18-55
3- 7-56
3- 19-55
11-28-55
11-28-55
4- 5-55
Not held
5- 10-55
4-13-55
4-16-55
4-27-55
4-27-55
Result
(1) Single Com.
For 750
Multiple Com.
For5013
(2) Co. Exec.
For2728
Co. Manager
For2733
For4471
Agn 522
Election Results
Not Known
For 25
Agn*' 89
For2163
Agn 775
For2144
Agn 826
For 234
Agn 547
For-
Agn-
For-
Agn-
For-
Agn-
For-
Agn-
For-
Agn-
- 582
-1327
- 337
- 109
- 610
- 877
- 764
- 270
- 383
- 206
RESULTS OF REFERENDUM ELECTIONS CLXIII
Georgia Laws, 1956:
County
Page
No.
SUBJECT
Date of
Election
Result
Baldwin .
Baldwin .
(1 of 2)
Baldwin .
(1 of 2)
Baldwin .
Banks
Barrow ...
Carroll ...
Carroll
Chattooga.
Clayton ..
(1 of 2)
Clayton ..
(1 of 2)
Clayton ..
Clayton & Fulton
Colquitt ........
Colquitt ........
2725
2865
2865
3003
2056
3100
2797
2877
2899
2040
2040
2518
2744
2399
2403
County Commissioners................
City of Milledgeville ..............
City of Milledgeville...............
City of Milledgeville...............
Sheriffcompensation ..........
City of Winder .....................
City Court of Carrollton............
City of Whitesburg..................
County Commissioner.................
City of Forest Park.................
City of Forest Park.................
City of Mountain View...............
City of College Park ...............
Certain County Officerscompensation
Tax Commissioner....................
4- 3-56
7-18-56
10- 15-56
7-18-56
3-14-56
5- 4-56
11- 6-56
9-12-56
3- 24-56
4- 28-56
2-28-56
2-28-56
For1394
Agn1385
For 107
Agn 58
For 463
Agn 243
For 12
Agn 51
For1054
Agn1378
For 13
Agn 103
For1305
Agn2344
Election Results
Not Known
For2142
Agn1167
Election Results
Not Known
Election Results
Not Known
For 341
Agn 44
For 28
Agn 22
For3864
Agn2411
For3939
Agn2540
CLXIV RESULTS OF REFERENDUM ELECTIONS
Georgia Laws, 1956:
County
Page
No.
SUBJECT
Date of
Election
Result
Colquitt
DeKalb .
DeKalb ..
(1 of 2)
DeKalb ..
(1 of 2)
Fayette ..
Glascock .
Gwinnett
Hall.....
2830
2932
3237
3237
2022
3507
2502
3166
City of Moultrie....................
City Court of Decatur................
Multiple commission form of government.
Commission Chairman.................
Tax Commissioner.....................
Sheriffcompensation ................
Tax Commissioner.....................
City of Lula........................-
10- 1-56
5-16-56
5-16-56
5-16-56
2- 25-56
3- 14-56
11- 6-56
3-27-56
For 12,520
Agn 5,846
For 18,393
Agn 2,001
For: (a) 4,743
For:(b)15,300
For
Agn
For
Agn
For
Agn-
292
37
498
227
3,383
1,641
Belton vote:
For64; Agn2
Lula vote:
For35; Agn3
West Moultrie Area:
Colonial Heights Area:
Crestwood Gardens Area:
East Moultrie Area:
Tifton Highway Area:
Sylvester Drive Area:
Area 1-West Moultrie Area:
Area 2-Colonial Heights Area:
Area 3-Crestwood Gardens Area:
Area 4-East Moultrie Area:
Area 5-Tifton Highway Area:
Area 6-Sylvester Drive Area:
For1986; Agn169
For2002; Agn159
For2005; Agn167
For2004; Agn165
For1989; Agn173
For1976; Agn175
For 99; Agn 57
For145; Agn 83
For 27; Agn 87
For 41; Agn147
For 29; Agn107
For 78; Agn144
City vote:
Area vote:
RESULTS OF REFERENDUM ELECTIONS CLXV
Georgia Laws, 1956:
County
Page
No.
SUBJECT
Date of
Election
Result
Houston ..
Jackson...
Laurens ..
Miller
Murray ...
Muscogee .
Newton ...
Richmond .
Spalding ..
Thomas.
Thomas.
Troup ..
2510
2887
3267
2799
3476
2386
2507
2406
2412
3159
3510
2827
City of Warner Robins
City Court of Jefferson
City of Dublin.......
Voting machines .....
City of Chatsworth....
City of Columbus.....
City of Covington
City of Augusta .
City of Griffin ...
Certain County Officerscompensation
Tax Commissioner....................
City of Hogansville ................
5- 8-56
9-12-56
Not held
9-12-56
8- 25-56
9- 12-56
5- 1-56
4-18-56
4-17-56
4-24-56
4-24-56
7-18-56
For 215
Agn 30
For 972
Agn1556
For 231
Agn 580
For 77
Agn 109
City vote:
For6179; Agn2356
Outside city vote:
For 516; Agn2070
For 109
Agn 90
For7769
Agn3734
City vote:
For 948; Agn 595
Affected area:
For 365; Agn 400
For 902
Agn 939
For 876
Agn 957
City vote:
For 216; Agn 117
Outside city vote:
For 41, Agn 159
CLXVI RESULTS OF REFERENDUM ELECTIONS
Georgia Laws, 1956:
County
Page
No.
SUBJECT
Date of
Election
Result
Troup ...
Troup ...
Walker ..
Whitfield
3078
3423
2995
2093
City of Hogansville.....
City of North West Point.
Town of Linwood.........
City of Dalton..........
7-18-56
4-25-56
3-15-56
For 257
Agn 276
For 34
Agn 111
Election Results
Not Known
For 985
Agn1831
Georgia Laws, 1957:
Bartow
Bulloch
Chatham
Clarke ...
Clarke ...
Cobb ....
Coffee ...
City of Cartersville
City of Statesboro .
City of Port Wentworth
City of Athens......
City of Athens......
City of Acworth.....
City of Douglas.....
3-12-57
7-26-57
3-20-57
2-27-57
2-27-57
5- 4-57
5-29-57
For1010
Agn 314
Area 1:
For312; Agn14
For31%Agn14
Area 3:
For313; Agn13
For 422
Agn 128
For 617
Agn2112
For 714
Agn2047
For 73
Agn 181
For 485
Agn 99
RESULTS OF REFERENDUM ELECTIONS CLXVII
Georgia Laws, 1957:
County
Page
No.
SUBJECT
Date of
Election
Result
Colquitt ..
Cook .....
Dougherty
Douglas...
Emanuel.
Gwinnett
Hancock .
Henry ...
Miller ...
Pickens ..
Pickens
Polk ...
2205
3253
2595
2358
3317
2669
2341
2121
2194
2332
2400
2185
City of Moultrie.....
County Commissioners
City of Albany ......
City of Douglasville ...
City of Swainsboro ,
City of Lawrenceville .
City of Sparta.......
County Commissioners
County Commissioners
Town of Jasper.......
Town of Jasper ...
City of Cedartown
3-11-57
5-8-57
5-20-57
5- 3-57
10-14-57
3- 23-57
Not held
4- 6-57
4- 2-57
4-17-57
4- 17-57
5- 8-57
For 25
Agn 53
For-^ 227
Agn >364
For 325
Agn 720
City vote:
For50; Agn 53
Affected area:
For2; Agn164
City vote:
For: Area 1 and 2
Outside city vote:
For: Area 2
Agn: Area 1
For 27
Agn 4
For 784
Agn 924
Majority vote for
$5 per meeting
City vote:
For78; Agn 12
Outside city vote:
For15; Agn213
For 75
Agn 10
For 656
Agn 934
CLXVIII RESULTS OF REFERENDUM ELECTIONS
Georgia Laws, 1957:
County
Page
No.
SUBJECT
Date of
Election
Result
Pulaski ...
Spalding ..
Twiggs ...
Walker ...
Wilkinson
3353
2809
3002
2419
2383
City of Hawkinsville ..
City of Griffin......
County Commissioners
Town of Lin wood.....
Town of McIntyre ....
4-30-57
4- 30-57
5- 22-57
4- 27-57
5- 25-57
For 115
Agn 266
For 552
Agn 317
For 156
Agn 174
For 71
Agn 29
For 49
Agn 18
Georgia Laws, 1958:
Bacon ...
Baldwin .
Barrow ..
Bartow ..
Bartow ..
Brooks...
Chatham
Chatham
City of Alma......................
County Commissioner...............
City of Winder ...................
Tax Commissioner..................
Certain County Officerscompensation
City of Quitman...................
Town of Thunderbolt ..............
City of Savannah..................
7- 2-58
11- 4-58
6- 4-58
9-10-58
9-10-58
5-27-58
1-20-59
5-27-58
For 206
Agn 197
For 932
Agn 717
For 131
Agn 229
For3590
Agn1254
For3462
Agn1356
For 173
Agn 74
For 291
Agn 115
For4024
Agn2283
RESULTS OF REFERENDUM ELECTIONS CLXIX
Georgia Laws, 1958:
County
Page
No.
SUBJECT
Date of
Election
Result
Chattahoochee ..
Cherokee .......
Cherokee .......
Clayton.........
Clayton.........
Clayton & Fulton
Clayton & Fulton
Clayton & Fulton
Clayton & Fulton
Clayton & Fulton
Clayton & Fulton
Colquitt .......
DeKalb
2554
2437
2661
3022
3397
2309
2363
2721
2453
2854
3212
2441
3318
Sheriffcompensation
City of Canton.......
City of Canton.......
City of Mountain View ,
City of Forest Park
City of College Park ...
City of College Park ..,
City of College Park ...
City of College Park ...
City of College Park ...
City of East Point ..
City of Moultrie.....
City of Chamblee
11- 4-58
5- 7-58
5- 7-58
5-19-58
5- 14-58
6- 3-58
5-19-58
5-14-58
7- 16-58
7-14-58
(Area 6)
7-21-58
(Area 7)
7-28-58
(Area 8)
5-10-58
For 55
Agn 30
For^- 119
Agn 483
For 223
Agn 37
Election Results
Not Known
Election Results
Not Known
For
Agn
For
Agn
For
Agn
For
Agn
For
Agn
For
Agn
2
0
10
0
738
340
2
0
0
0
63
28
For 53; Agn 1
For110; Agn79
For 31; Agn27
City area vote:
For 41; Agn 1
Affected area:
For 91; Agn41
CLXX RESULTS OF REFERENDUM ELECTIONS
Georgia Laws, 1958:
County
Page
No.
SUBJECT
Date of
Election
Result
Dodge ...
Early___
Emanuel.
2207
2829
3143
County Commissioners
City of Blakely......
City of Swainsboro ....
3-18-58
8-12-58
10-13-58
Fannin .
Franklin
Gordon .
3353
2644
2131
City of Blue Ridge
City of Carnesville
City of Calhoun ..
5-17-58
4-22-58
3-26-58
For 571
Agn2997
For , 59
Agn 96
Parcel # 1-City vote:
For227; Agn15
Outside city:
For143; Agn54
Parcel # 2-City vote:
For229; Agn15
Outside city:
For 39; Agn40
Parcel # 3-City vote:
For230; Agn14
Outside city:
For 24; Agn28
For 162
Agn 282
For -S3 33
Agn 21
City vote:
For234; Agn 75
County vote:
For203; Agn256
RESULTS OF REFERENDUM ELECTIONS CLXXI
Georgia Laws, 1958:
County
Page
No.
SUBJECT
Date of
Election
Result
Hall.....
Haralson
Henry ...
Henry ...
Henry
Henry
Jasper
Jeff Davis
Lowndes .
Newton ..
Polk....
2279
2820
3127
3132
3198
3367
2921
3288
2624
2269
2468
City of Gainesville.................
City of Bremen......................
Certain County Officerscompensation
City of Stockbridge ................
City of Hampton ..
City of McDonough
City of Monticello .
County Commissioners
City of Valdosta....
City of Covington...
Town of Van Wert....
4- 1-58
Not Held
5- 21-58
4-30-58
4-30-58
6- 3-58
4-19-58
4-14-58
7- 9-58
9-10-58
For 925
Agn 169
For 346
Agn 206
City vote:
For61; Agn 75
Outside City:
For16; Agn116
City vote:
For92; Agn3
Outside City:
For37; Agn9
Election Results
Not Known
City vote:
For147; Agn107
Outside City:
For 15; Agn 50
For1025
Agn 901
For 907
Agn 243
For 151
Agn 460
For 7
Agn 57
CLXXII RESULTS OF REFERENDUM ELECTIONS
Georgia Laws, 1958:
County
Pulaski .
Putnam
Tift ....
Tift ...
Ware ..
Wilkes
White .
Page
No.
2826
2980
2696
2930
2763
2091
3224
SUBJECT
Tax Commissioner............
City of Eatonton............
City of Tifton (2 elections held)
City of Tifton..............
City of Manor...............
County Commissioners........
County Commissioners........
Date of
Election
11- 4-58
6-11-58
4- 30-58
5- 7-58
5-17-58
11- 4-58
Not held
Result
For 222
Agn 235
For 42
Agn 257
City vote:
For669; Agn43
Outside City:
For333; Agn286
Election Results
Not Known
For 19
Agn 100
For 749
Agn 98
Georgia Laws, 1959:
Bartow
Bartow
Bartow
Bartow
City of Cartersville ..................
City of Cartersville ..................
City of Adairsville....................
City of White(Sec. 2) (2 elections held)
4-29-59
4- 29-59
5- 12-59
5-16-59
For 79
Agn 154
For 3
Agn 21
For 77
Agn 120
County Election, Sec. 2:
For7; Agn36
City Election:
For27; Agn45
RESULTS OF REFERENDUM ELECTIONS CLXXIII
Georgia Laws, 1959:
County
Page
No.
SUBJECT
Date of
Election
Result
Bartow..........
Catoosa.........
Chattooga.......
Cherokee .......
Clayton & Fulton
Clayton & Fulton
Clayton & Fulton
Clayton & Fulton
Cobb & Douglas .
Cobb & Douglas .
Cobb & Douglas .
Cobb & Douglas .
Colquitt .......
Dougherty.......
Dougherty.......
2920
2161
2809
2494
2499
2508
2516
2521
3142
3142
3142
3142
2396
2091
3064
City of Kingston...................
County Commissioners...............
City of Summerville ...............
Certain County Officerscompensation
City of College Park ..............
City of College Park ..............
City of College Park ..............
City of College Park ..............
City of AustellParcel #2..........
City of AustellParcel #3..........
City of AustellParcel #1..........
City of AustellParcel #4..........
City of Norman Park ...............
County Commissioners...............
City of Albany ....................
5-16-59
3- 28-59
5-23-59
4- 4-59
5- 18-59
5-18-59
5-18-59
5-18-59
8-18-59
8- 4-59
8-25-59
8-11-59
5- 25-59
4-12-60
6- 8-59
For 49
Agn 2
For 718
Agn2430
For 160
Agn 462
For1522
Agn 509
For 14
Agn
For
Agn
For
Agn
For
Agn
For
Agn
For
Agn
For
Agn 49
For 14
Agn 15
For 50
Agn 81
For 755
Agn 417
For1413
Agn 710
38
0
0
5
0
3
0
7
8
2
11
5
CLXXIV RESULTS OF REFERENDUM ELECTIONS
Georgia Laws, 1959:
County
Page
No.
SUBJECT
Date of
Election
Result
Douglas
Elbert.....
Elbert.....
Elbert.....
Emanuel...
Gwinnett ..
Habersham
McDuffie...
Meriwether &
Talbot.......
Newton
Polk
2871
2627
2621
2624
2592
3161
2178
2568
2534
2780
2171
City of Lithia Springs..............
County Commissioners................
Tax Commissioner....................
Certain County Officerscompensation
City of Twin City...................
City of Dacula......................
City of Cornelia ...................
Certain County Officerscompensation
City of Manchester
City of Oxford...
City of Cedartown .
4- 8-59
4- 8-59
4- 8-59
4- 8-59
5- 4-59
5- 9-59
4-13-59
6- 30-59
4- 1-59
5- 1-59
5-19-59
For-
Agn-
For-
Agn-
For-
Agn-
For-
Agn-
For-
Agn-
For-
Agn-
For-
Agn-
For-
Agn-
- 241
- 569
- 804
- 436
-1041
- 203
-1014
- 228
200
- 162
- 82
- 45
102
- 91
- 502
- 75
For 109
Agn 30
For 30
Agn 36
City vote:
For387; Agn 75
County vote:
For 86; Agn291
RESULTS OF REFERENDUM ELECTIONS CLXXV
Georgia Laws, 1959:
County
Page
No.
SUBJECT
Date of
Election
Result
Polk...
Toombs
Turner
Union .
2732
2010
2575
2053
Certain County Officerscompensation
County Commissioners...............
County Commissioners...............
County Commissioners...............
3- 16-60
4- 8-59
Not Held
3-17-59
For4388
Agn1624
For1510
Agn 827
For 810
Agn1629
Georgia Laws, 1960:
Banks .
Berrien
Bibb...
Chatham .......
Chattooga......
Clarke ........
Cobb ..........
Coweta.........
Douglas & Cobb .
County Commissioners
City of Nashville ......
Macon-Bibb County ...
Town of Thunderbolt
Town of Trion......
City of Athens...
City of Smyrna.....
City of Newnan ....
City of Austell ...
9-14-60
11- 8-60
6- 1-60
1-17-61
5- 5-60
4-13-60
4-30-60
3-26-60
For1197
Agn 767
For 466
Agn 418
City vote:
For4598; Agn4288
Outside City vote:
For 1902; Agn7368
Payne City vote:
For 37; Agn 55
For 151
Agn 283
For 53
Agn 25
For 276
Agn 522
Election Results
Not Known
For 320
Agn 146
For 27
Agn 38
CLXXVI RESULTS OF REFERENDUM ELECTIONS
Georgia Laws, 1960:
County
Page
No.
SUBJECT
Date of
Election
Result
Dodge ..
DeKalb .
Emanuel.
Evans ..
Franklin.......
Fulton & Clayton
Fulton & Clayton
Greene ........
Greene ........
Henry..........
Houston ,
Jefferson,
2608
3158
2360
2251
2143
2849
2854
3089
3093
3297
2605
2913
Town of Rhine ......
City of Decatur.....
County Commissioners
City of Claxton.....
County Commissioner Advisory Board .
City of College Park ...............
City of College Park ...............
Tax Commissioner....................
Certain County Officerscompensation
City of McDonough...................
Tax Commissioner
Town of Avera ...
4- 27-60
11- 8-60
5- 5-60
3- 9-60
5-14-60
5-16-60
4- 28-60
4- 28-60
5- 18-60
11- 8-60
For 146
Agn 4
Election Results
Not Known
For 877
Agn2080
Proposed Area:
For 32; Agn 62
Within City vote:
For379; Agn107
For2296
Agn1038
For 6
Agn 0
For 21
Agn 15
For 801
Agn 823
For 822
Agn 835
Inside City vote:
For61; Agn35
Outside City vote:
For41; Agn83
For 4059
Agn 959
Election Results
Not Known
RESULTS OF REFERENDUM ELECTIONS CLXXVII
Georgia Laws, 1960:
County
Page
No.
SUBJECT
Date of
Election
Result
Lamar ...
Liberty ..
Lowndes .
McIntosh
McIntosh
McIntosh
McIntosh
Mitchell .
Morgan ..
Murray ..
Polk.....
Pulaski ..
Pulaski ..
Pulaski ..
2294
2237
3125
2888
2893
2899
2904
2301
2518
3180
2111
2991
2995
2998
Certain County Officerscompensation
County Commissioners................
City of Valdosta....................
Clerk Superior Court ...............
Sheriff.............................
Tax Commissioner....................
Ordinary............................
City of Camilla.....................
Certain County Officerscompensation
City of Spring Place ...............
City of Cedartown ..................
Clerk Superior Court ...............
Tax Collector.......................
Ordinary............................
5-11-60
3- 30-60
4- 15-60
4-27-60
3-15-60
Not Held
3-22-60
9-14-60
9-14-60
9-14-60
For 131
Agn 193
For1096
Agn 573
For 87
Agn 656
Election Results
Not Known
Election Results
Not Known
Election Results
Not Known
Election Results
Not Known
City of Camilla
For45; Agn15
Mitchell County
For 8; Agn 1
For1894
Agn! 332
For 74
Agn 50
For 798
Agn 962
For 803
Agn 952
For 805
Agn 949
CLXXVIII RESULTS OF REFERENDUM ELECTIONS
Georgia Laws, 1960:
County
Page
No.
SUBJECT
Date of
Election
Result
Pulaski ..
Pulaski ..
Rabun ...
Rockdale.
Stewart..
Walton ..
Walton ..
Walton ..
Wayne...
Whitfield
Whitfield
Whitfield
3001
3009
2417
2028
2051
2056
2063
2067
2202
2003
2007
2019
Sheriff................................
Tax Receiver...........................
City of Clayton........................
City of Conyers........................
County Commissioner and Advisory Board ,
Certain County Officerscompensation
County Commissioners..................
Tax Commissioner......................
County Commissioners..................
County Commissioner...................
Certain County Officerscompensation ...
Tax Commissioner......................
9-14-60
9-14-60
5-25-60
3- 2-60
3-16-60
3- 9-60
3- 9-60
3- 9-60
3- 4-60
3- 2-60
3- 2-60
3- 2-60
For-
Agn-
For-
Agn-
For-
Agn-
For-
Agn-
For-
Agn-
For-
Agn-
For-
Agn-
For-
Agn-
For-
Agn-
For-
Agn-
For-
Agn-
For-
Agn-
- 810
- 953
- 777
- 952
- 46
- 160
- 134
- 283
- 418
- 297
-3092
- 918
-2748
-1117
-3181
- 900
- 458
-1672
- 955
-1042
-1272
- 746
-1227
- 806
RESULTS OF REFERENDUM ELECTIONS CLXXIX
Georgia Laws, 1961:
County
Page
No.
SUBJECT
Date of
Election
Result
Appling.
Bartow .
Bartow .
Bartow .
Bibb
Carroll ..
Chatham
Chatham .
Chattooga.
Colquitt ..
2197
2782
3382
3469
2441
3118
2969
3072
2658
3041
City of Baxley.....
City of Cartersville
City of Cartersville
City of Cartersville
City of Macon......
City of Carrollton
City of Savannah ,
Civil Service System
City of Summerville
City of Moultrie ....
4- 18-61
6-10-61
6-10-61
6-10-61
5- 24-61
5-20-61
5-10-61
4- 20-61
5- 27-61
Not held
For 514
Agn 292
For 6
Agn 44
For 29
Agn 20
For 205
Agn 159
City vote:
For1560; Agn 445
Outside City vote:
For12,269;
Agn9037
For 267
Agn 764
City of Savannah:
For9176; Agn1679
Zone No. 1:
For 886; Agn 759
Zone No. 2:
For 123; Agn 277
For 137
Agn 144
For 338
Agn 241
CLXXX RESULTS OF REFERENDUM ELECTIONS
Georgia Laws, 1961:
County
Page
No.
SUBJECT
Date of
Election
Result
Early ..
Early ..
Forsyth
Gwinnett
Gwinnett .
Laurens ...
Meriwether
Meriwether
Meriwether
Meriwether
Meriwether
Monroe ....
2245
2260
2252
2583
3156
2598
2760
3058
3223
3416
3456
2994
City of BlakelyNorth City Limits.
City of BlakelySouth City Limits .
City of Cumming...............
City of Norcross
City of Suwanee.....................
City of Dublin.....................
City of Manchester ................
Board of County Commissioners .....
County Treasurer...................
Tax Commissioner-compensation......
Certain County Officerscompensation
City of Forsyth....................
6-13-61
6-14-61
4- 1-61
5- 20-61
4- 29-61
8-2-61
5- 3-61
5-31-61
3-31-61
5-31-61
5-31-61
10- 4-61
For 61
Agn 56
For 35
Agn 56
City vote:
For108; Agn 26
Outside City vote:
For 41; Agn142
City vote:
For 45; Agn 25
Outside City vote:
For 21; Agn 43
For 56
Agn 15
For1077
Agn 463
For 614
Agn 322
For 860
Agn 320
For 680
Agn 493
For 940
Agn 243
For 938
Agn 254
For 668
Agn 245
RESULTS OF REFERENDUM ELECTIONS CLXXXI
Georgia Laws, 1961:
County
Page
No.
SUBJECT
Date of
Election
Result
Murray
Pike ...
Polk...
Sumter
Troup .
3403
2704
2931
3251
2650
City of Spring Place
City of Zebulon...
City of Rockmart ...
City of Americus ...
City of West Point ..
6-24-61
5- 6-61
12- 2-61
5- 9-61
4-26-61
For 24
Agn 19
For 52
Agn 1
See below*
For 331
Agn 954
For 143
Agn 224
Result: City of RockmartFor: 669; Agn: 174
Ward 1
Ward 2
Ward 3
Ward 4
Ward 5
For:
For:
For:
For:
For:
22; Agn:
0; Agn:
0; Agn:
6; Agn:
0; Agn:
36
17
0
69
1
CLXXXII RESULTS OF REFERENDUM ELECTIONS
Georgia Laws, 1962:
County
Page
No.
SUBJECT
Date of
Election
Result
Bryan..........
Chatham .......
Clarke ........
Clarke.........
Clayton & Fulton
Clayton & Fulton
Clayton & Fulton
Columbia.......
Emanuel........
Fulton.........
Fulton.........
Fulton.........
Fulton.........
Gwinnett.......
Henry..........
Jackson........
2505
2707
2677
2751
2592
2599
3084
2713
2359
2473
2854
2861
3130
2364
2403
2620
City of Richmond Hill.........
Town of Pooler................
City of Athens................
City of Athens................
City of College Park .........
City of College Park .........
City of College Park .........
City of Martinez..............
Board of County Commissioners
City of East Point ...........
City of East Point ...........
City of East Point ...........
City of East Point ...........
Pinball machines............
Town of Locust Grove..........
City of Jefferson.............
4- 4-62
4- 26-62
5- 23-62
4- 25-62
5- 5-62
6- 1-62
5-26-62
9-12-62
11- 6-62
5- 9-62
5- 9-62
5- 9-62
5- 9-62
11- 6-62
4-25-62
Not held
For 153
Agn 119
For 110
Agn 114
For 643
Agn 521
For1228
Agn1361
For 32
Agn 37
For 214
Agn1061
For 4
Agn 160
For 85
Agn 573
For 450
Agn 484
For
Agn
For
Agn
For
Agn 31
For 25
Agn 22
For1737
Agn 638
For 20
Agn 27
RESULTS OF REFERENDUM ELECTIONS CLXXXIII
Georgia Laws, 1962:
County
Page
No.
SUBJECT
Date of
Election
Result
Jackson.
Laurens ...
Laurens ...
Meriwether
Meriwether
Meriwether
Meriwether
Meriwether
Mitchell ...
Murray ....
Muscogee ..
Newton
Oglethorpe
Putnam ..
2624
2528
3052
2244
2396
2422
2603
2613
2158
2576
2164
3072
3202
2440
City of Commerce
Town of Dudley .........................
County Treasurer........................
City of Manchester .....................
City of Manchester .....................
City of Manchester .... ................
City of Manchester .....................
City of Manchester .....................
City of Camilla.........................
City of Chatsworth......................
Columbus-Muscogee Board of Commissioners.
City of Covington...................
City Court of Lexington.............
Certain County Officerscompensation
12- 5-62
3-28-62
Not Held
3-28-62
3-28-62
3-28-62
3-28-62
3- 28-62
4- 24-62
6-23-62
4-11-62
4-25-62
11- 6-62
11- 6-62
Inside City:
For385; Agn108
Outside City:
For 58; Agn237
For-
Agn-
29
4
For 234
Agn 66
For 251
Agn 47
For 224
Agn 67
For -
Agn-
For-
Agn 57
For 15
Agn-
For-
Agn 183
Muscogee County:
For6612; Agn9103
City of Columbus:
For5563; Agn6032
For 550
Agn 167
For 392
Agn 180
For 626
Agn 129
231
76
227
0
143
CLXXXIV RESULTS OF REFERENDUM ELECTIONS
Georgia Laws, 1962:
County
Page
No.
SUBJECT
Date of
Election
Result
Putnam ...
Terrell ....
Terrell ___
Upson......
Warren ....
Washington
Wayne......
Wilkinson .
3048
2537
3186
2074
2981
3038
3110
2847
Tax Commissioner........................
City of Dawson..........................
City of Dawson..........................
City of Thomaston.......................
Clerk Superior Court attend Court of Ordinary.
City of Tennille .......................
Board of County Commissioners
Town of McIntyre ............
11- 6-62
7-11-62
4- 3-62
11- 6-62
5- 2-62
11- 6-62
4- 7-62
For 548
Agn 184
Ext. 1Defeated
Ext. 2Ratified
Election Results
Not Known
For 577
Agn 543
For 281
Agn 313
In proposed area:
For 13; Agn44
In City Tennille:
For139; Agn-58
For 664
Agn 449
For 70
Agn 21
RESULTS OF REFERENDUM ELECTIONS CLXXXV
Georgia Laws, 1963:
County
Page
No.
SUBJECT
Date of
Election
Result
Baker ...
Baldwin .
Bartow ..
Bartow ..
Bartow ..
Bartow ..
Bartow ..
Bartow ..
Berrien ..
Bleckley .
Cherokee
Clayton ..
Clayton ..
Cobb ....
Colquitt .
2928
3035
2066
2070
2074
2078
2082
2086
2627
2382
2016
2723
2815
2781
2203
Tax Collector and Tax Receivercompensation ....
Civil and Criminal Court of Baldwin County......
Sheriffs Deputies and Jailerscompensation .....
Deputy Clerk of Superior Courtcompensation ....
Clerical help in office of the Ordinarycompensation
County Commissioner clerical helpcompensation ...
Deputy Tax Commissionercompensation............
Sheriffequipment ...........................
Town of Enigma..................................
Tax Commissioner................................
City of Canton..................................
Town of Lovejoy.................................
City of Riverdale ..............................
Board of County Commissioners ..................
City of Moultrie................................
4- 25-63
5- 28-63
4-10-63
4-10-63
4-10-63
4-10-63
4-10-63
4- 10-63
6- 4-63
6- 5-63
5- 1-63
Not Held
Not Held
1- 8-64
For-
Agn-
For-
Agn-
For-
Agn-
For-
Agn-
For-
Agn-
For-
Agn-
For-
Agn-
For-
Agn-
For-
Agn-
For-
Agn-
For-
Agn-
- 581
- 343
- 142
- 346
- 721
-1170
- 545
-1330
- 666
-1230
- 532
-1343
- 511
-1356
- 714
-1172
- 15
- 0
209
- 436
- 45
- 29
For2123
Agn4100
Election Results
Not Known
CLXXXVI RESULTS OF REFERENDUM ELECTIONS
Georgia Laws, 1963:
County
Page
No.
SUBJECT
Date of
Election
Result
DeKalb
Dougherty
Emanuel..
Fulton.....
Glynn......
Hall.......
Henry......
Houston ...
Irwin......
Jackson
Meriwether
Muscogee ..
Newton
Pulaski ....
Screven
3457
3630
2583
2887
3249
3552
2609
3330
2602
2575
2332
2731
3017
3436
2835
City of North Atlanta
City of Albany ....
City of Swainsboro ...
City of East Point .........
City of Brunswick ..........
Board of County Commissioners
Board of County Commissioners
City of Warner Robins.......
Tax Commissioner............
City of Commerce ...........
City of Warm Springs........
City of Columbus............
Board of County Commissioners
Tax Commissioner............
City of Sylvania............
7-11-63
7-29-63
5-13-63
Not Held
10- 1-63
9- 3-63
5-15-63
5- 7-63
5- 28-63
Not Held
Not Held
6- 5-63
5- 15-63
6- 18-63
6- 4-63
For(l) 508
For(2) 55
For(3) 842
For1034
Agn1406
Inside City:
For243; Agn44
Outside City:
For81; Agn41
For 798
Agn 570
For1421
Agn1571
For Sec. 1 669
For Sec. 2 624
For1127
Agn 776
For 91
Agn 279
For 3254
Agn1615
For 333
Agn 669
For 354
Agn 321
For 160
Agn 79
RESULTS OF REFERENDUM ELECTIONS CLXXXVII
Georgia Laws, 1963:
County
Page
No.
SUBJECT
Date of
Election
Result
Talbot ..
Telfair..
Thomas ,
Thomas.
Turner .
Walton ,
Ware ...
Wilkes..
Wilkes.,
2185
2482
3402
3405
2471
2600
2237
2803
3447
Board of County Commissioners ....
City of McRae.....................
City of Boston....................
City of Boston....................
County Commissioner...............
Tax Equalization Program..........
Board of County Commissioners ....
Certain County Officerscompensation
Tax Commissionercompensation ....
5-22-63
5- 1-63
5-20-63
5-20-63
4- 24-63
7-24-63
5- 30-63
5-28-63
5-28-63
For-
Agn-
For-
Agn-
For-
Agn-
For-
Agn-
For-
Agn-
For-
Agn-
For-
Agn-
For-
Agn-
For-
Agn-
- 239
- 295
- 130
- 3
- 45
- 126
- 52
- 127
- 249
- 603
-1715
-1838
-1727
-1373
-1304
- 119
-1281
- 130
CLXXXVIII RESULTS OF REFERENDUM ELECTIONS
Georgia Laws 1964, January-February session:
County
Page
No.
SUBJECT
Date of
Election
Result
Appling..
Brooks...
Chatham
Cherokee
Cherokee
Colquitt .
Cook ....
Dodge ...
Fulton ...
Fulton ...
Gwinnett
Hancock .
Harris ...
Hart
2681
2776
2288
2351
2431
2305
2093
2954
2478
2988
2733
2088
2939
2028
Certain County Officerscompensation
City of Quitman....................
Town of Pooler.....................
City of Woodstock .................
City of Canton.....................
City of Moultrie...................
County Commissioners...............
City of Empire ....................
City of Union City.................
City of Alpharetta.................
City of Suwanee....................
Certain County Officerscompensation
Town of Pine Mountain .............
Board of Finance
6-17-64
4-15-64
Not held
4- 8-64
10-20-64
3- 4-64
6- 2-64
5- 8-6 4
*
5-11-64
4- 22-64
4-29-64
9- 9-64
For2543
Agn 848
Election Results
Not Known
For 124
Agn 61
For 174
Agn 394
For1174
Agn 613
For2003
Agn1612
For 55
Agn 71
For 214
Agn 279
For 90
Agn 4
For 251
Agn; 64
Inside:
For 61
Agn 43
Outside::
For 0
Agn 7
Question A: 1,246
Question B: 873
(Repealed by Ga. L. 1964, Ex. Sess., p. 2342)
RESULTS OF REFERENDUM ELECTIONS CLXXXIX
Georgia Laws 1964, January-February session:
County
Page
No.
SUBJECT
Date of
Election
Result
McDuffie...
McDuffie...
McDuffie...
Meriwether
Meriwether
Monroe ....
Murray ....
Peach .....
Pickens
Pickens
Thomas .
Tift ....
Tift ....
2095
2104
2107
2154
2412
2542
2672
2627
2066
2078
2497
2208
2361
Board of County Commissioners ....
Tax Commissioner..................
Sheriff and Deputiescompensation ...
Town of Greenville ...............
City of Woodbury..................
Board of County Commissioners ....
County Commissionerscompensation
Board of County Commissioners ....
Board of County Commissioners
City of Jasper...............
Sheriffcompensation
City of Tifton.......
City of Tifton.......
4- 1-64
4- 1-64
4- 1-64
4-22-64
Not held
9- 9-64
4-29-64
3- 4-64
3-21-64
4-29-64
4-22-64
4-22-64
For 971
Agn1720
For 985
Agn1708
For 982
Agn1705
Election Results
Not Known
For 110
Agn 30
For1868
Agn1763
(3 questions)
For 509
Agn 502
For 692
For 93
For1822
Agn 144
Inside City:
For 43
Agn 3
Outside City:
For 9
Agn 0
For1685
Agn 639
For 281
Agn 216
For 136
Agn 368
CXC RESULTS OF REFERENDUM ELECTIONS
Georgia Laws 1964, J anuary-February session:
County
Page
No.
SUBJECT
Date of
Election
Result
Tift ...
Tift ...
Walker
Walker
Walker
Walker
Ware......
Whitfield .
Wilkinson
2900
3069
2014
2018
2024
2643
2455
2175
2314
Board of County Commissioners ....
Board of County Commissioners ....
Ordinarycompensation...........
Tax Commissioner................
Clerk Superior Courtcompensation
Fire Prevention Districts.......
Fire District Commissioners.....
Tax Commissioner.............
Board of County Commissioners
Tax Commissioner.............
5-13-64
5-13-64
2-18-64
2-18-64
2-18-64
2- 15-65
3- 22-65
Not held
3-20-64
11- 3-64
For1992
Agn1290
For2592
Agn 738
For 4695
Agn 285
For4673
Agn 251
For 4655
Agn 298
For 246
Agn 41
For 3 member board
81 votes for each
candidate
For3817
Agn2807
For 933
Agn 863
RESULTS OF REFERENDUM ELECTIONS CXCI
Georgia Laws 1972, January/February session:
County
Page
No.
SUBJECT
Date of
Election
Result
Brantley
Brantley
Brantley
Brantley
Camden
Camden
Camden
Camden
3145
3147
3148
3710
3138
3705
3714
3717
Salary of deputy sheriffs ..........
Certain county officers compensation
Clerk Superior Court Salary.........
City of Nahunta.....................
Certain county officers salary......
Create Board of County Commissioners ,
Compensation of Tax Commissioner
County Board of Education
8- 8-72*
8- 8-72*
8- 8-72*
12- 5-73
8- 8-72
8- 8-72*
8- 8-72*
8- 8-72*
For 1,262
Agn 1,059
For 1,220
Agn 983
For 841
Agn 1,396
Election Results
Not Known
Demo.
For 701
Agn 1,109
Rep.
For 0
Agn 1
Demo.
For 679
Agn 1,070
Rep.
For 1
Agn 0
Demo.
For 654
Agn 1,114
Rep.
For 0
Agn 1
Demo.
For 683
Agn 1,050
Rep.
For 1
Agn 0
CXCH RESULTS OF REFERENDUM ELECTIONS
Georgia Laws 1972, January/February session:
County
Page
No.
SUBJECT
Date of
Election
Result
Camden
Chatham .
Chatham .
Chatham .
Chattooga.
Decatur.
Dodge ..
Dodge ..
Douglas.
Elbert ..
Fayette .
Fayette .
Floyd ...
Forsyth .
3770
3019
3098
3116
2043
3288
2329
3339
3997
2479
3438
3435
3300
2065
Small Claims Court of Camden County
Savannah-Chatham County government.....
Savannah-Chatham County Board of Education
Savannah-Chatham County Board of Education
Abolish State Court Chattooga County ..
Board of County Commissioners ..
City of Eastman ...............
County Board of Education......
County Board of Education......
Board of County Commissioners ..
Board of County Commissioners ..
Abolish office of county treasurer .
Abolish State Court Floyd County.
Board of county commissioners ...
8- 8-72*
4- 10-73
Not held*
5- 9-72
5- 9-72
8- 8-72*
5-23-72
4- 27-72
8- 8-72*
5- 16-72
8- 8-72*
11- 7-72*
11- 7-72*
11- 7-72*
4-19-72
Demo.
For 926
Agn 801
Rep.
For 1
Agn 0
City of Savannah
Chatham County
For20,074
Agn 7,595
For 8,296
Agn19,097
Demo.
For 2,455
Agn 2,274
Rep.
For 2
Agn 2
For 668
Agn 2,687
For 474
Agn 1,117
For
Agn
For
Agn
For
914
858
400
620
1,583
Agn 3,036
For-
Agn-
For-
Agn-
For-
668
3,138
1,499
2,210
6,911
Agn 4,674
For-
Agn-
551
386
!Ga. L. 1973, p. 2268 changed date of election.
RESULTS OF REFERENDUM ELECTIONS CXCIII
Georgia Laws 1972, January/February session:
County
Page
No.
SUBJECT
Date of
Election
Result
Gwinnett ..
Habersham
Harris....
Heard.....
Henry.....
Henry.....
Houston ...
Jeff Davis ..
Laurens ...
Lowndes ...
Lowndes ...
Lowndes ...
McDuffie ...
McIntosh ..
4058
2382
3468
2113
2090
2104
2399
2760
4099
2696
2701
2706
2538
2849
County Board of Education........
City of Demorest ................
Board of County commissioners....
Board of county commissioners ...
State Court of Henry County......
Board of County Commissioners ....
County Board of Education........
County Board of Education........
County Board of Education........
Ordinarycompensation............
Tax Commissionercompensation ..
Clerk Superior Courtcompensation
County Board of Education........
City of Darien...................
5-17-72
8- 8-72*
5- 3-72
4-19-72
4-19-72
8- 8-72*
8- 8-72*
8- 8-72*
11- 7-72*
11- 7-72*
11- 7-72*
6- 8-72
6-16-72
For 989
Agn 924
Election Results
Not Known
For 1,410
Agn 616
For 756
Agn 732
For 570
Agn 1,943
For 407
Agn 2,070
For-S 2,853
Agn 6,462
For 829
Agn 511
For 3,185
Agn 1,103
For 3,533
Agn 1,995
For 3,622
Agn 1,885
For 3,463
Agn 2,254
For
Agn
City of Darien
For 86
Agn 62
Dist. No. 271
For 7
Agn 73
Total
For 93
Agn 135
305
61
CXCIV RESULTS OF REFERENDUM ELECTIONS
Georgia Laws 1972, January/February session:
County
Page
No.
SUBJECT
Date of
Election
Result
McIntosh
Macon ...
Madison .
Madison .
Peach ...
Peach ...
Pike.....
Pulaski ..
Putnam .
Putnam .
Spalding .
Telfair...
Thomas ..
Tift ....
Treutlen .
Treutlen .
Walker ..
Walton ..
2852
2322
2547
2972
3212
3910
3003
3244
2678
3833
2418
4102
3343
2908
2340
2345
2647
3006
City of Darien........................
Board of county commissioners ........
County Board of Education.............
Appt. of county school superintendent ...
Appt. of county school superintendent ...
City of Fort Valley ..................
County Board of Education.............
Board of County Commissioners ........
County Board of Education.............
City of Eatonton......................
Griffin-Spalding County Bd. of Education
County Board of Education.............
Create Board of County Commissioners ..
City of Tifton........................
County Board of Education ............
Board of County Commissioners ........
County Board of Education.............
City of Social Circle.................
11- 7-72*
4- 26-72
11- 7-72*
11- 7-72*
5- 17-72
6- 14-72
5-16-72
5- 23-72
8- 8-72*
6- 13-72
5- 30-72
6- 20-72
5-16-72
5- 3-72
5- 9-72
5- 9-72
11- 7-72*
5-31-72
Not Held
For
Agn
For
Agn
For
Agn
For
Agn
For
Agn
For
Agn
For
Agn
For
Agn
For
Agn
For
Agn
For
Agn
For
Agn
For
Agn
For
Agn
For
Agn
For
Agn
For
Agn
608
882
1,060
1,785
921
2,145
688
2,648
440
1,351
402
142
399
939
1,262
831
118
28
452
121
564
365
1,885
3,278
247
498
688
233
715
221
6,373
2,129
51
49
RESULTS OF REFERENDUM ELECTIONS CXCV
Georgia Laws 1972, January/February session:
County
Page
No.
SUBJECT
Date of
Election
Result
Whitfield
Wilcox...
Wilkinson
Wilkinson
4017
2495
3312
333
City of Tunnell Hill................
Appt. of County School Superintendent
Appt. of County School Superintendent
County Board of Education........
5-16-72
5-10-72
11- 7-72*
11- 7-72*
For
Agn
For
Agn
For
Agn
For
Agn
114
159
177
1,042
348
901
654
608
Date of State-wide Primary Election 8-8-72.
Date of General Election 11-7-72.
CXCVI RESULTS OF REFERENDUM ELECTIONS
Georgia Laws 1973, January/February session:
County
Page
No.
SUBJECT
Date of
Election
Result
Appling..
+Appling
Brantley .
Chatham
Chatham
Clarke ...
Clarke ...
Clarke ...
Clarke ...
Clarke ...
Cherokee
Cook
Greene
Habersham
Lowndes ...
Marion
Miller .
3569
3677
3631
2268
3693
2356
2367
2387
2467
3374
3207
2300
3853
3809
3837
3827
2776
County Board of Education-compensation
City of Baxley........................
City of Nahunta..................
Savannah-Chatham County government
City Savannah Beach.......
City of Athens............
City of Athens............
City of Athens............
Clarke County Commissioners
Clarke County Board of Education
County Board of Education.......
Cook County Commissioners
Greene County Board of Education....
Habersham County Board of Education.
City of Twin Lakes .................
County School Superintendent.
State Court of Miller County#
8- 13-74*
9- 29-73
6-12-73f
6- 2-73
5-31-73
5-31-73
5-31-73
8-14-73
8-13-74*
7- 17-73
5- 22-73
8- 13-74*
11- 6-73
6- 20-73
11- 5-74**
11- 5-74**
Yes: 791 No: 1033
Yes 45
No 588
Election Results
Not Known
Chatham County
For 3,157
Agn 6,666
City of Savannah
For12,039
Agn 4,090
Yes 21
No 29
For 1,818
Agn 1,591
For 2,430
Agn 1,057
For 648
Agn 682
Yes 1,809
No 1,125
Not Held
Yes 412
No 52
For 758
Agn 735
Not Held
For 1,326
Agn 1,465
Yes 37
No 191
Yes: 184 No: 331
See Below #
RESULTS OF REFERENDUM ELECTIONS CXCVII
Georgia Laws 1973, January/February session:
County
Page
No.
SUBJECT
Date of
Election
Result
Montgomery
Pulaski....
Stewart....
Sumter.....
2550
2573
3152
2127
Montgomery County Board of Education,
Pulaski County Board of Education .
City of Lumpkin....................
Sumter County Board of Education
6- 5-73
5- 15-73
6- 12-73
4-24-73
Yes-
No
Yes-
No
Yes-
No
Yes-
No
225
256
808
191
97
173
322
228
|Ga. L. 1973, p. 2268 changed date of the election as set out in Ga. L. 1972 p. 3019
#This 1973 Act repealed by Georgia Laws 1974, p. 3171
Date of State Wide Primary ElectionAugust 13, 1974.
Date of General ElectionNovember 5, 1974.
+The results of this election were certified to the Office of Secretary of State, in error, and have appeared in Georgia Laws 1974-1977 as
follows: Yes533; No45. An amended return was certified to the Office of Secretary of State on May 3, 1978 as it now appears.
CXCVIII RESULTS OF REFERENDUM ELECTIONS
Georgia Laws 1974, January/February session:
County
Page
No.
SUBJECT
Date of
Election
Result
Banks
Bibb ..
Bibb.....
Brooks...
Carroll ..
Chatham
Chatham
Cherokee
Cobb ....
Fayette ...
Fayette ...
Fayette ...
Fulton
Heard____
Long.....
Lowndes .,
Newton ..,
Richmond,
Stephens.
3798
2028
3074
3088
2791
2088
2305
2534
3516
2982
3848
3030
2497
2347
2878
2311
2978
2105
2037
Create office of Tax Commissioner ..........
Abolish Board of Water Commissioners
of City of Macon...........................
Macon-Bibb County Water & Sewerage Authority
Change in Commissioner Districts............
City of Carrollton..........................
City of Savannah............................
City of Savannah Beach-Tybee Island ........
Board of County Commissioners ..............
Cobb County School District Board...........
City of Fayetteville....................
Abolish office of Treasurer.............
Town of Tyrone .........................
City of East Point .....................
Town of Centralhatchee re-created.......
Board of Education members compensation
Town of Dasher .........................
City of Covington.......................
1. Consolidation of City of Augusta and
Richmond County government..............
2. Election of Sheriff for Richmond Cty....
3. Election of Board of Public Safety
of Richmond County ....................
Choice of 5 types of government for the County
8-13-74*
11- 5-74#
5- 14-74
11- 5-74#
6- 11-74
4-16-74
4- 1-74
11- 5-74#
11- 5-74#
11- 5-74#
11- 5-74#
5- 23-74
8-13-74*
6- 8-74
8-13-74*
6- 1-74
12- 4-74
5-14-74
(3 elections
held on
same date)
4- 9-74
Yes: 1628 No: 671
Not Held
For: 2049 Agn: 198
Yes: 741 No: 567
Yes: 215 No: 66
Yes: 192 No: 883
Results Not Known
Yes: 2989 No: 1995
Yes: 18,039
No: 14,541
Yes: 302 No: 507
Yes: 1928
Yes: 77
Yes: 3378
No: 1616
No: 29
No: 2852
Yes:
Yes:
Yes:
Yes:
9
311
31
368
No:
No:
No:
No:
2
303
31
674
City Vote
Yes: 4833 No: 2928
County Vote
Yes: 5801 No: 7106
Yes: 11,431
Yes:
Ques. 1
Ques. 2
Ques. 3
Ques. 4
Ques. 5
6,575
122 votes
396 votes**
108 votes
98 votes
248 votes
RESULTS OF REFERENDUM ELECTIONS CXCIX
Georgia Laws 1974, January/February session:
County
Page
No.
SUBJECT
Date of
Election
Result
Troup
Upson......
Wilkes.....
All counties
2203
2023
3510
186
City of Hogansville
County Board of Education created ..
Appoint county school superintendent
The Common Day of Rest Act .......
6- 5-74
4- 9-74
11- 5.74#
11- 5-74#
Inside City
Yes: 57 No: 33
Outside City
Yes: 13 No: 43
Yes: 594 No: 111
Yes: 739 No: 1274
Yes: 434,559 No: 363,947
"Common Day of Rest Act results tabulated infra.
*Date of General Primary 8-13-74.
#Date of General Election 11-5-74.
*Effective Question is No. 2.
O
O
RESULTS OF REFERENDUM ELECTIONS
RESULTS OF REFERENDUM ELECTIONS
CCI
GENERAL ELECTION
Date 11-5-74
"Common Day of Rest Act of 1974
Ga. L. 1974, p. 186
COUNTY
Yes No
Appling......
Atkinson.....
Bacon .......
Baker........
Baldwin......
Banks .......
Barrow.......
Bartow ......
Ben Hill.....
Berrien......
Bibb.........
Bleckley.....
Brantley.....
Brooks ......
Bryan .......
Bulloch......
Burke .......
Butts........
Calhoun .....
Camden.......
Candler......
Carroll......
Catoosa......
Charlton.....
Chatham......
Chattahoochee
Chattooga ....
Cherokee.....
Clarke.......
Clay.........
Clayton......
Clinch.......
Cobb.........
Coffee.......
Colquitt.....
Columbia
Cook.........
Coweta ......
Crawford.....
Crisp........
Dade ........
Dawson.......
Decatur......
DeKalb.......
Dodge .......
Dooly........
Dougherty ...
Douglas......
Early........
Echols.......
Effingham
Elbert.......
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
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
CCII RESULTS OF REFERENDUM ELECTIONS
COUNTY Yes No
Emanuel.................................................. 803 1,353
Evans ................................................ 231 676
Fannin ................................................... 829 729
Fayette................................................ 1,752 2,153
Floyd................................................. 5,764 7,222
Forsyth................................................. 1,415 1,576
Franklin................................................... 513 1,502
Fulton.................................................. 56,902 38,497
Gilmer..................................................... 674 825
Glascock.................................................... 96 201
Glynn ................................................... 2,067 2,658
Gordon ..........;.................................... 1,477 1,428
Grady ..................................................... 524 1,273
Greene .................................................... 962 1,101
Gwinnett .............................................. 8,846 10,024
Habersham ............................................... 1,215 1,281
Hall................................................... 5,111 3,714
Hancock.................................................... 363 503
Haralson................................................. 1,289 1,616
Harris..................................................... 908 1,322
Hart....................................................... 420 1,408
Heard ..................................................... 351 417
Henry.................................................... 2,125 2,638
Houston ................................................. 4,338 5,170
Irwin...................................................... 285 676
Jackson.................................................. 2,166 2,042
Jasper..................................................... 352 493
Jeff Davis................................................. 250 522
Jefferson.................................................. 405 1,380
Jenkins.................................................... 279 489
Johnson.................................................... 373 990
Jones...................................................... 826 1,147
Lamar...................................................... 748 855
Lanier..................................................... 115 290
Laurens.................................................. 1,839 3,649
Lee........................................................ 410 837
Liberty ................................................... 385 567
Lincoln.................................................... 236 565
Long ...................................................... 149 254
Lowndes.................................................. 2,069 3,382
Lumpkin.................................................. 1,043 504
Macon...................................................... 541 765
Madison ................................................... 731 883
Marion .................................................... 167 368
McDuffie................................................... 707 1,336
McIntosh .................................................. 508 418
Meriwether .............................................. 1,501 1,520
Miller ..................................................... 83 210
Mitchell .................................................. 697 1,688
Monroe..................................................... 906 1,058
Montgomery ................................................ 206 611
Morgan..................................................... 791 1,186
Murray..................................................... 414 492
Muscogee ............................................... 10,456 12,112
Newton.................................................. 1,832 2,364
Oconee .................................................... 848 877
Oglethorpe................................................. 698 684
Paulding...... .......................................... 1,350 1,643
Peach...................................................... 874 1,339
RESULTS OF REFERENDUM ELECTIONS CCIII
COUNTRY Yes No
Pickens................................................. 536 443
Pierce ................................................... 311 540
Pike...................................................... 652 713
Polk.................................................... 1,973 2,009
Pulaski................................................... 430 566
Putnam...............................................; 565 545
Quitman.................................................... 85 142
Rabun..................................................... 618 701
Randolph ................................................. 334 790
Richmond................................................ 7,477 11,596
Rockdale................................................ 1,811 2,032
Schley.................................................... 117 171
Screven................................................... 514 740
Seminole.................................................. 309 588
Spalding................................................ 2,867 3,258
Stephens.................................................. 698 1,673
Stewart................................................... 183 329
Sumter.................................................. 1,119 1,925
Talbot.................................................... 320 326
Taliaferro................................................. 70 192
Tattnall.................................................. 484 960
Taylor.................................................... 520 741
Telfair................................................... 359 977
Terrell................................................... 456 1,062
Thomas.................................................. 1,315 2,173
Tift...................................................... 940 1,716
Toombs.................................................... 975 1,640
Towns..................................................... 535 247
Treutlen.................................................. 333 630
Troup .................................................. 2,550 3,831
Turner ............................................... 334 870
Twiggs.................................................. 427 696
Union .................................................. 1,330 548
Upson................................................... 2,145 2,115
Walker ................................................. 2,104 2,264
Walton ................................................. 1,397 1,786
Ware 1,363 1,910
Warren.................................................... 173 364
Washington............................................. 1,035 2,037
Wayne..................................................... 660 1,118
Webster.................................................... 99 127
Wheeler ...:.............................................. 257 698
White .................................................... 941 562
Whitfield.............................................. 2,030 2,274
Wilcox.................................................... 239 759
Wilkes.................................................. 439 1,531
Wilkinson................................................. 395 765
Worth..................................................... 423 1,203
TOTAL............................................. 434,559 363,947
Footnote: The Common Day of Rest Act of 1974 was declared unconstitutional in
part by the Georgia Supreme Court in Rutledge v. Gaylords, Inc., 233 Ga. 694, decided
February 13, 1975.
Georgia Laws, 1975, January/February Session:
County
Page
No.
SUBJECT
Date of
Election
Result
Appling.
Baker ..
Baker ..
Berrien .
Berrien .
Bibb ....
Brantley
Bryan
Charlton .
Chatham
Clarke ...
Decatur..
DeKalb ..
Dodge ...
Douglas..
Gordon ..
Greene ..
Hall.....
Harris .
Harris ...
Heard ..
Henry ...
Newton ..
Paulding.
Spalding .
3678
2659
2662
2525
3388
3349
3937
3024
4015
3962
2779
4087
2752
3031
2506
2719
4270
3574
2960
4369
4433
4133
3577
2916
2771
City of Baxleycorporate limits ....
Abolish office of Treasurer.........
Create office of Tax Commissioner ..
Appoint County School Superintendent,
Appoint County School Superintendent.
Board of Water Commissioners .......
County Board of Education...........
Election of Chairman & Vice-Chairman of the
Board of County Commissioners .........
County Board of Education.................
County Board of Education.................
City of Athensgovernment functions ......
Hospital Authority .......................
County Board of Education Districts-terms
County Board of Education elected.........
County Commissionersincrease membership.
Create Board of Commissioners for County ...
County Board of Education.................
Board of County Commissioners ............
County Board of Education & Superintendent.
City of Shilohcharter amended............
Board of County Commissioners ............
City of Stockbridgecharter amendment.....
County Board of Education.................
County Board of Commissioners created.....
Town of Orchard Hill......................
6-26-75
6-17-75
6-17-75
4-15-75
Not Held
11- 4-75
8-12-75
8-26-75
6- 24-75
5- 4-76*
5-21-75
8-10-76#
5- 4-76*
11- 4-75
5-14-75
7- 8-75
5- 4-76*
8- 10-76#
7- 8-75
7- 9-75
7- 26-75
9- 10-75
8- 26-75
5-27-75
For: 549 Agn: 603
For: 352 Agn: 395
For: 338 Agn: 392
For: 124 Agn: 1,295
Duplicate of Act Above
For: 10,601 Agn: 4,955
Proposition No. 1 402
Proposition No. 2 713
Proposition No. 3 240
For: 385 Agn: 115
For: 776 Agn: 206
Yes: 3,870 No: 10,942
For: 858 Agn: 989
Yes: 2,155 No: 527
For: 29,643 Agn: 41,355
For: 1,206
For: 642
For: 1,500
Yes: 748
Yes: 8,951
For: 511
Agn: 367
Agn: 739
Agn: 972
No: 926
No: 3,890
Agn: 147
Status Unknown
For: 520 Agn: 469
For: 113 Agn: 128
For: 1,353 Agn: 1,582
For: 1,765 Agn: 949
Inside Town
For: 17 Agn: 5
Outside Town
For: 20 Agn: 31
This Act ruled invalid by U.S. Justice Department on August 18, 1975.
CCIV RESULTS OF REFERENDUM ELECTIONS
Georgia Laws, 1975, January/February Session:
County
Page
No.
SUBJECT
Date of
Election
Result
Spalding
Stephens
Taylor ..
Union ..
Upson ..
Whitfield
Worth ..
Chatham
4352
4142
3486
4499
3356
4296
4202
3128
Board of County Commissioners ..........
City of Toccoa Commissioners ...........
County Board of Education...............
County Board of Commissioners ..........
County School Superintendent appointed ...
City of Tunnell Hill........ ...........
County School Superintendent............
Alcoholic beverages on premisestime limit
11- 4-75
6-12-75
6-17-75
8- 12-75
6-24-75
6- 25-75
7- 15-75
9- 17-75
For: 1,205
For: 209
For: 298
For: 189
For: 531
For: 126
For: 235
Agn: 4,100
Agn: 191
Agn: 127
Agn: 1,037
Agn: 700
Agn: 288
Agn: 460
(This election act was on a population basis and affects only Chatham County)
"Municipality Yes No
Savannah 9,658 6,595
Unincorporated area 4,979 3,857
Bloomingdale 122 146
Garden City 362 466
Pooler 166 190
Port Wentworth 227 297
Savannah Beach 469 168
Thunderbolt 230 138
Vemonburg 24 20
1975 Extra Session Acts
Coweta......... | 1730 | CityofNewnancharter amendment....................... | 9- 9-75 | For: 248 Agn: 57
(This election based on population of municipality and affects only City of Newnan, Coweta County)__________________
Date of Presidential Preference Primary 5-4-76.
#Date of General Primary 8-10-76
RESULTS OF REFERENDUM ELECTIONS CCV
Georgia Laws, 1976, January/February Session:
County
Page
No.
SUBJECT
Date of
Election
Result
Bacon
Baldwin
Baldwin
Bartow .
Bibb
Bryan ___
Camden ..
Carroll ...
Chattooga.
Clayton ...
Cobb ....
DeKalb ..
Fayette___
Glynn.....
Grady ....
Habersham
Habersham
Long .....
Long......
Lumpkin ..
Newton
Newton
Oconee
Richmond..
2713
3278
3282
4090
3818
3288
2831
4479
2694
3974
3656
2809
3398
4027
3162
2798
2803
3536
3321
3945
3402
3505
3935
4927
Co. Brd. of Education and Co. School Superintendent
City of Milledgevillecharter amendment-----
City of Milledgevillecharter amendment # 1
City of Milledgevillecharter amendment #2
City of Euharleecharter amendment .........
Macon-Bibb Co. consolidated government......
City of Richmond Hillcharter amendment.........
Tax Commissionersalary ........................
Co. Brd. of Education and Co. School Superintendent
Board of Co. Commissioners created..............
City of Mountain Viewabolish charter...........
City of Powder Springsabolish charter.......
Intoxicating beverages sold on Sunday ..........
Brd. Co. Commissionersincrease membership.....
Co. Brd. of Educationnew districts, election..
Co. Brd. of Educationcompensation members.....
Co. Brd. of Educationcreated .................
Co. School Superintendent appointed..........
Co. Brd. of Educationcreated1.................
Small Claims Court created ....................
Co. Brd. of Education and Co. School Superintendent
Board of County Commissionersdistricts........
Co. Brd. of Educationelection districts.......
Co. School Superintendentappointed............
Augusta-Richmond County unified government.....
5- 4-76*
5- 4-76*
5- 4-76*
5-15-76
5- 4-76*
6-29-76
11- 2-76**
11- 2-76**
5- 4-76*
Not Held
9-11-76
5- 4-76*
5- 4-76*
5- 4-76*
5- 4-76*
5- 4-76*
5- 4-76*
5- 4-76*
5- 4-76*
5- 4-76*
5- 4-76*
5-25-76
11- 2-76**
5- 4-76*
Proposal No. 1 389
Proposal No. 2 131
Proposal No. 3 568
Yes: 772 No: 583
Yes: 718 No: 609
Yes: 289 No: 1,045
Yes: 34 No: 8
City Vote
Yes: 8,149 No: 11,522
County vote
Yes: 8,825 No: 16,209
Yes: 199 No: 8
Not Held
Yes: 3,105 No: 3,868
Yes: 970 No: 2,297
Yes: 331 No: 455
For: 52,761
Agn: 30,442
Yes: 1,984 No: 1,512
Yes: 3,752 No: 4,746
Yes: 444 No: 1,259
Yes: 2,244 No: 876
Yes: 940 No: 1,951
For: 490
Yes: 114
Yes: 678
Yes: 2,980
Yes: 3,227
Yes: 1,259
Yes: 11,027
Agn: 172
No: 527
No: 917
No: 1,387
No: 1,167
No: 1,863
No: 13,417
CCVI RESULTS OF REFERENDUM ELECTIONS
Georgia Laws, 1976, January/February session:
County
Page
No.
SUBJECT
Date of
Election
Result
Proposition #1
Proposition #2
Ware ..
Warren
2811
3660
County Manager ......................
Brd. Co. Commissionersmultimember board
5- 4-76*
11- 2-76**
Question # 1 15,801
Question #2 6,005
Question # 1 9,404
Question #2 10,302
Yes: 2,194 No: 2,838
Yes: 802 No: 352
Date of Presidential Preference Primary Election (May 4, 1976)
**Date of November 2, 1976 General Election
1This Act was declared unconstitutional by decision of Federal Court.
RF.STTT.Tfi OF REFERENDUM ELECTIONS CCVII
Georgia Laws, 1977, January/February Session:
County
Page
No.
SUBJECT
Date of
Election
Result
Baker .
Bryan .
Carroll
Dawson
Hart ..
Pierce .
Rockdale.
Schley ...
Schley ...
Stephens.
Stephens.
Tift ....
Towns ...
2603
3215
4519
3529
3482
2924
2817
2952
2955
3875
3881
3895
3974
-vacancies
County Board of Education-
Abolish office of Treasurer................
City of Templecorporate limits............
County Board of Educationelection.........
Town of Bowersvillenew charter............
County Brd. of Education and County
School Superintendentelection of.........
Board of County Commissionerscreation of__
County Commissionersterms staggered ......
County Board of Educationterms staggered ...
County Board of Educationelection.........
County School Superintendentappointment of .
City of Tiftonannexation .................
County Board of Education and County School
Superintendent.............................
11- 7-78*
5- 24-77
6- 15-77
6-14-77
5- 9-77
11- 7-78*
5- 17-77
11- 7-78*
11- 7-78*
6- 28-77
6-28-77
12- 19-77
2- 2-78
151 No:
116 No:
Yes:
Yes:
Yes: 225 No:
Yes: 369 No:
Yes: 30 No:
Yes: 307
Yes: 1,618
Yes: 160
Yes: 167
Yes: 1,375
Yes: 793
Yes: 690
95
126
149
140
0
No: 587
No: 744
No:
No:
No:
66
58
628
No: 1,042
No: 1,158
Yes: 1,014 No: 1,384
*Date of November 7, 1978 General Election.
This is a summary of the results of referendum elections which are on file in the office of the Secretary of State. Referral to the page
number, indicated in the second column, will enable the reader to determine the results of the individual referendum elections.
CCVIII RESULTS OF REFERENDUM ELECTIONS
Referendum Election Results: Acts of the 1978 Session of the General Assembly
County
Page
No.
SUBJECT
Date of
Election
Result
Bryan ...
Butts
Chatham
Chatham .
Chatham .
Chatham .
Chatham .
Chattooga.
Cherokee .
Clarke
Columbia .
DeKalb ...
DeKalb ...
Hart
Macon
McDuffie.,
Rabun
Rabun
Rockdale.,
Telfair
3774
3368
932
4132
4073
3998
4466
3848
3029
4573
3359
3639
4104
3177
4217
3666
3427
3430
3868
3445
Board of education..................
Board of education..................
Alcoholic beverages on Sunday ......
Chatham County (Unincorporated area)
Garden City.........................
Port Wentworth......................
Bloomingdale........................
Pooler..............................
Thunderbolt.........................
Tybee Island........................
Vernonburg .........................
Savannah ...........................
City of Garden City.................
City of Bloomingdale................
City of Savannah....................
Municipal Court of Savannah.........
Board of Education..................
County Commissioners................
Use of School Tax in Clarke County ....
Board of Education..................
City of Clarkston...................
Board of Education .................
County Commissioners................
Tax Commissioner....................
Board of Education .................
School Board and Superintendent.....
Board of Education..................
City of Conyers.....................
School Board and Superintendent.....
5- 2-78
11- 7-78*
8- 8-78**
11-
4-
11-
11-
5-22-78
Not Held
4- 19-78
8- 8-78**
7-78*
4-78
7-78*
7-78*
10- 18-78
11- 7-78*
11- 7-78*
11- 7-78*
5- 16-78
11- 7-78*
11- 7-78*
7- 8-78
11- 7-78*
Yes: 739
Yes: 886
Yes: 2,022
Yes: 154
Yes: 89
Yes: 23
Yes: 85
Yes: 142
Yes: 307
Yes: 25
Yes: 6,870
Yes: 663
No: 259
No: 539
No: 1,863
No: 318
No: 171
No: 50
No: 152
No: 77
No: 171
No: 14
No: 4,768
No: 166
Yes: 14,407 No: 8,091
Yes: 6,783 No: 9,753
Yes: 778
Yes: 2,449
Yes: 3,710
Yes: 887
Yes: 95
Yes: 18,829
Yes: 643
Yes: 737
Yes: 202
Yes: 453
Yes: 861
Yes: 179
#1 386
#2 231
#3 323
No: 1,446
No: 2,308
No: 3,268
No: 1,569
No: 96
No: 34,766
No: 1,018
No: 232
No: 131
No: 692
No: 300
No: 167
RESULTS OF REFERENDUM ELECTIONS CCIX
Referendum Election Results: Acts of the 1978 Session of the General Assembly
County
Page
No.
SUBJECT
Date of
Election
Result
Thomas..
Thomas..
Thomas..
Twiggs ..
Whitfield
3746
3741
3752
3408
3365
Tax Commissioner.................
Judge Probate Court, Compensation .
Clerk Superior Court, Compensation
County Commissioners.............
City of Varnell..................
(Civil Action File No. 18,462)
11- 7-78*
11- 7-78*
11- 7-78*
8- 8-78**
Not Held
Yes: 2,679 No: 820
Yes: 2,683 No: 802
Yes: 2,674 No: 797
Yes: 1,067 No: 805
*Date of General Election 1978
**Date of General Primary 1978
This is a summary of the results of referendum elections which are on file in the office of the Secretary of State. Referral to the page
number, indicated in the second column, will enable the reader to refer to the Act which called for the referendum.
CCX RESULTS OF REFERENDUM ELECTIONS
Referendum Election Results: Acts of the 1979 Session of the General Assembly
County
Page
No.
SUBJECT
Date of
Election
Result
Carroll ...
Glynn......
Montgomery
4245
3467
3151
Stephens.
Telfair...
3047
3539
City of Sand HillCity Charter .
Education Districts...........
Board of Education ...........
6-12-79
12-11-79
6- 5-79
Terms of Boards of Commissioners
School Districts...............
4-24-79
7-31-79
Yes: 102 No: 193
Yes: 2,490 No: 977
Question #1
Proposal # 1 320
Proposal #2 205
Proposal #3 92
Question #2
Proposal # 1 881
Proposal #2 860
Proposal #3 1,015
Yes: 921 No: 329
Yes: 858 No: 615
This is a summary of the results of referendum elections which are on file in the office of the Secretary of State. Referral to the page
number, indicated in the second column, will enable the reader to determine the results of the individual referendum elections.
RESULTS OF REFERENDUM ELECTIONS CCXI
Referendum Election Results: Acts of the 1980 Session of the General Assembly
County
Page
No.
SUBJECT
Date of
Election
Result
Baldwin ......
Ben Hill......
Chatham
(City of
Thunderbolt)
3043
3954
3653
Cherokee
Coffee ...
Columbia
Decatur..
DeKalb ..
Douglas...
Effingham
Gordon ...
Henry
Irwin.....
Laurens ..
Laurens ..
McIntosh......
Mitchell......
(City of Pelham)
Oconee .......
Richmond......
Upson ........
Upson.........
Whitfield ....
3275
1795
3707
3272
3996
4120
3542
3720
3009
3030
3016
3189
3112
3914
3757
3841
3027
4127
4122
Board of Commissioners
Tax Commissioner.....
Corporate Limits of City of Thunderbolt
Thunderbolt Proposition #1............
Proposition #2.....................
Macceo Island Proposition #1..........
Proposition #2.....................
Bonna Bella Proposition #1............
Proposition #2.....................
Board of Education ...................
Election of School Supt...............
Board of Commissioners................
Board of Ed. residency requirements ...
Type of Government for DeKalb Co......
Board of Education............
Board of Education ...........
Board of Education............
County Commissioners..........
Office of Tax Commissioner....
Board of County Commissioners
Terms of Mayor & Council......
(City of Dublin)
Board of Education............
Elections etc.................
Bd. of County Commissioners .
Board of Education..........
County School Superintendent
Tax for Fire Protection ....
Corporate Limits ...........
(City of Cohutta)
5-13-80
5-28-80
5-27-80
8-12-80
Not Held
5- 7-80
11- 4-80
8- 5-80
11- 4-80
8-12-80
Not Held
3- 11-80
4- 8-80
3-11-80
3- 11-80
4- 29-80
6- 3-80
5- 21-80
Not Held
3-11-80
Not Held
5-17-80
Yes: 714 No: 1,194
Yes: 614 No: 398
Yes: 152 No
Yes: 109 No
Yes: 58 No
140
177
5
Yes: 62 No: 21
Yes: 814 No: 435
Yes: 1,920 No: 1,103
Yes: 2,267 No: 899
Type 1: 38,094
Type 2: 23,553
Yes: 3,424 No: 7,389
Yes: 430 No:
92
Yes: 2,252
Yes: 834
Yes: 1,797
Yes: 324
No: 1,500
No: 119
No: 1,413
No: 653
Yes:
Yes:
Yes:
Yes:
Yes:
642
254
585
604
10
No:
No:
143
392
No: 1,155
No: 1,468
No: 0
CCXII RESULTS OF REFERENDUM ELECTIONS
Referendum Election Results: Acts of the 1981 Session of the General Assembly
County
Page
No.
SUBJECT
Date of
Election
Result
Baldwin
Chatham .......
(City of Tybee
Island)......
Clarke
Coffee
DeKalb ...
Dooly.....
Gordon ...
Gordon ...
Miller____
Richmond.
4072
4914
.3065
3626
4304
4463
3269
3586
4713
3677
Disposal sites of hazardous wastes ...
Change the corporate limits of said city
Consolidate Govt, for City of
Athens and Clarke Co........
Election of School Superintendent.......
Establishing form of Government.........
Establish five Board of Education Districts .
Abolish Bd. of Comm, and re-create
office of County Commissioner...........
Provide election & term of School Supt. ...
Change method of elect, mbrs. of Bd. of Ed.
Biennial ele. for members of Bd. of Ed.......
6-25-81
2-16-82
6- 2-81
*
5-19-81
8- 4-81
8- 4-81
8- 4-81
11- 3-81
Corporate limits
Yes: 222 No: 60
Unincorporated area
Yes: 18 No: 102
Yes: 2,388 No: 2,883
County
Yes: 2,611 No: 2,120 City
Yes: 1,329 No: 1,424
Yes: 1,393 No: 185
Yes: 1,319 No: 1,664
Yes: 1,527 No: 778
Yes: 710 No: 182
Yes: 7,352 No: 1,526
*To be held same date as the 1982 General Primary Election
RESULTS OF REFERENDUM ELECTIONS CCXIII
Referendum Election Results: Acts of the 1982 Session of the General Assembly
County
Page
No.
SUBJECT
Date of
Election
Result
Five mbr. - ll91
Six mbr. -1000
Yes 1,299 No 351
Yes 1,652 No 1,465
Yes 1,652 No 1,465
Yes 1,615 No 1,450
Yes 843 No 2,205
Yes 15,184 No 5,458
Yes 9,455 No 12,176
Appling.
Bacon ..
Baldwin
Bartow .
Bartow .
Bartow .
Bibb
Bibb
Bryan ..
Bryan ..
Chatham
(Town of
Thunderbolt)
Cherokee
4642
4606
*4072
4589
4584
4586
4625
4406
4270
4285
4295
3602
5 or 6 mbr. bd. of commissioners
5 mbr. bd. of Co. Commissioners in certain counties
(9,365 - 9,385)....... .......................
Disposal sites of hazardous wastes
Terms of mbrs. of Board of Ed.......
Compensation of bd. of education ...
Superintendent of schools...........
Bd. of education Districts.........
Bd. of public education and orphanage
Members of bd. of commissioners ...
Office of treasurer abolished......
Corporate limits...................
Board of Education
11- 2-82
8- 2-82
8-10-82
8-10-82
8-10-82
8-10-82
11- 2-82
11- 2-82
11- 2-82
8-10-82
6-22-82
5-11-82
Yes
Yes
883 No
832 No
429
709
Corporate Limits
Yes 126 No 133
Unincorporated Area
Yes 21 No 0
Yes 302 No 200
'These are 1981 laws that were required to be held in 1982.
CCXIV RESULTS OF REFERENDUM ELECTIONS
Referendum Election Results: Acts of the 1982 Session of the General Assembly
County
Page
No.
SUBJECT
Date of
Election
Result
Clarke/City of
Athens .......
Clayton
Cobb ..
Cook ..
DeKalb
DeKalb
Douglas..
Emanuel.
Franklin .
Gwinnett
Haralson
1855
4431
1768
3749
*4304
4239
4786
4049
3753
3510
4523
Georgia alcoholic beverage code amended as to certain
counties (69,000 - 75,000) ..............................
Members of board of education
Sale of alcoholic beverages in certain counties (200,000
550,000) (295,000 - 300,000) (350,000 - 500,000) ........
Election, etc. of school superintendent
Establishing form of Government ....
Community College...................
Board of education districts ........
Board of education...................
Board of education and superintendent
Board of education...................
Members of board of education .......
8-10-82
8-10-82
11- 2-82
11- 2-82
8-10-82
8-10-82
11- 2-82
6- 1-82
8-10-82
4- 6-82
8-10-82
Clarke County
Yes 2,257 No 2,338
City of Athens
Yes 2,393 No 2,354
Yes 8,665 No 7,584
Yes 35,622 No 34,777
Yes 1,623 No 1,020
Yes 36,070 No 26,939
transfer 43,375
retain 23,587
Yes 6,032 No 1,700
Yes 1,853 No 411
#1 Proposal- 458
#2 Proposal -1,308
#3 Proposal - 573
Yes 1,825 No 1,972
Yes 2,133 No 230
These are 1981 laws that were required to be held in 1982.
RESULTS OF REFERENDUM ELECTIONS CCXV
Referendum Election Results: Acts of the 1982 Session of the General Assembly
County
Page
No.
SUBJECT
Date of
Election
Result
Jackson.
Lowndes .
Lumpkin
Lumpkin
Oconee
(City of Bogart)
Pierce .......
Pulaski
Twiggs
4012
3582
4274
4277
4869
4649
4638
3627
Jacksop County school district merged with Jefferson
City school district and Commerce City school district ..
Board of commissioners ..
Superintendent of Schools
Board of education.......
New charter .............
School board and superintendent.
School district superintendent
Election of members of Bd. of Ed.
11- 2-82
11- 2-82
6- 8-82
6- 8-82
12- 7-82
11- 2-82
11- 2-82
8-10-82
Jackson Co.
Yes 1,991 No 2,438
Inside City of Commerce
Yes 796 No 243
Inside City of Jefferson
Yes 390 No 78
Yes 3,652 No 4,513
Yes 312 No 595
Yes
Yes
720 No
66 No
191
147
Proposal No. 1
Question No. 1 - 526
Question No. 2 -1,124
Proposal No. 2
Question No. 1 - 613
Question No. 2 - 947
Yes 698 No 787
Yes 1,327 No 533
CCXVI RESULTS OF REFERENDUM ELECTIONS
Referendum Election Results: Acts of the 1982 Session of the General Assembly
County
Page
No.
SUBJECT
Date of
Election
Result
Ware
(City of
Waycross)
Wayne
Wheeler
Worth ..
4611
3789
&
4717
4126
3715
Land conveyance authorized
Board of commissioners
Board of education....
Board of commissioners
11- 2-82
11- 2-82
Was not held
11- 2-82
Yes 1,869 No 878
Yes 1,320 No 684
Yes 1,643 No 733
RESULTS OF REFERENDUM ELECTIONS CCXVII
Referendum Election Results: Acts of the 1983 Session of the General Assembly
County
Page
No.
SUBJECT
Date of
Election
Result
Atkinson
Bartow & Polk
(Town of
Taylorsville)...
Bibb
Chatham County
& City of
Savannah .....
Chatham (City of
Tybee Island)....
Chattooga.
Columbia ,
DeKalb
4115
4161
4251
4039
3586
4570
4411
4547
Board of Commissioners compensation & election
Corporate limits of Town of Taylorsville....
Providing for district boundary adjustments for Board of
Education and Orphanage..............................
Terms of Board of Public Education and changes certain
district designations ..................................
Mayor and City Council Term & Time of election
Create State Court of Chattooga County
Changes districts & provides for staggered terms for Board
of Education ..............................................
Reorganizing form of govt & fixing powers & duties of
governing authority........................................
3-13-84
5-11-83
11- 8-83
5-3-83
5- 3-83
5- 3-83
3-13-84
3-13-84
Yes 123 No 1,114
Bartow
Yes 47 No 7
Polk
Yes 15 No 4
Yes 5,361 No 1,841
Yes 1,367 No 2,815
Yes 307 No
60
Yes 818 No 262
Yes 2,110 No 843
Yes 45,505 No 12,832
CCXVIII RESULTS OF REFERENDUM ELECTIONS
Referendum Election Results: Acts of the 1983 Session of the General Assembly
County
Page
No.
SUBJECT
Date of
Election
Result
DeKalb (City of
Doraville).......
Forsyth
Fulton & Coweta
(City of
Palmetto)........
Madison (City of
Colbert).........
Murray ..
Newton ..
Seminole
Tift County and
City of Tifton ..
3581
3521
4134
4181
3611
3814
3994
3590
City Council and Mayor Terms of Office
Appointment of School Superintendent .
Corporate Limits extended ...........
Charter Amendmentsproviding homestead exemption for
certain residents...................................
New Board of Education .............................
Homestead exemptions for certain residents .........
Board of Educationelection of mbrs. etc.............
Consolidate governments of Tift Co. & City of Tifton.
4- 2-83
5- 3-83
5-21-83
5- 4-83
8- 2-83
6-26-84
Yes 266 No
89
Yes 379 No 966
Yes 319 No 35
Yes
58 No
Referendum not held
Referendum not held
Yes 1,181 No 1,198
Yes 2,060 No 3,860
RESULTS OF REFERENDUM ELECTIONS CCXIX
Referendum Election Results: Acts of the 1983 Session of the General Assembly
CCXX RESULTS OF REFERENDUM ELECTIONS
Referendum Election Results: Acts of the 1984 Session of the General Assembly
County
Page
No.
SUBJECT
Date of
Election
Result
Statewide
Statewide
Statewide
Berrien ..
Butts ....
Camden .
Cherokee
Columbia
Coweta & Fulton
City of
Palmetto
Coweta.........
Crisp
520
788
1253
4823
3588
3848
3580
4609
4390
3704
4352
Ad Valorem taxation of propertyadditional
exemption .................................
Ad Valorem taxation of propertyexemption
of certain motor vehicles...............
Ad Valorem taxation of propertyexemption
of nonprofit homes for mentally handicapped
Board of Commissioners of Berrien County
act creating board amended .............
Office of Treasurer abolished
Homestead Exemptions for persons 62 and
older ...............................
Superintendent of Schools appointment by Board
of Education ..................................
Columbia County School District additional
homestead exemption for certain persons over 62
City of PalmettoTerm of Office of
Mayor and Councilmen .......
Coweta County Board of EducationComposition-
Election and terms of office of members .....
Crisp County CommissionersNumber,
Election Districts, Etc....................
11- 6-84
11- 6-84
11- 6-84
5-15-84
3-13-84
11- 6-84
3-13-84
11- 6-84
8-14-84
11- 6-84
11- 6-84
Yes: 718,467
No: 464,620
Yes: 900,688
No: 345,204
Yes: 933,343
No: 295,707
Yes:
No:
Yes:
No:
Yes:
No:
Yes:
No:
211
1,008
921
791
2,577
481
1,734
4,060
No Election Held
No Election Held
Yes: 7,190
No: 2,328
Yes: 1,253
No: 760
RESULTS OF REFERENDUM ELECTIONS CCXXI
Referendum Election Results: Acts of the 1984 Session of the General Assembly
County
Page
No.
SUBJECT
Date of
Election
Result
Dade
Dade
Dodge
Forsyth.........
Fulton..........
Habersham ......
Harris..........
Harris..........
Jones...........
Jones...........
McIntosh
3575
3564
3531
4144
3591
3671
3608
3766
3926
4459
4103
Board of educationElection of members, Etc.
Board of Commissionerscreated
Appointed School Superintendent
Authorized to impose business and
occupational license taxes........
Board of EducationElection of members,
education districts, Etc..............
Election of Commissioners, Terms of Office,
Etc.....................................
Board of EducationEducation Districts,
terms, qualifications of members, Etc. ...
Homestead Exemptions
Homestead Exemptions ..........................
Board of Education of Jones County Reconstituted
Board of Education of McIntosh County
Terms of Office of Members ..........
3-13-84
3-13-84
3-13-84
11- 6-84
3-13-84
8-14-84
3-13-84
8-14-84
8-14-84
8-14-84
5-15-84
Yes:
No:
Yes:
No:
Yes:
No:
Yes:
No:
987
367
629
777
585
2,235
4,290
3,484
Yes: 24,258
No: 9,628
Yes:
No:
Yes:
No:
Yes:
No:
Yes:
No:
Yes:
No:
Yes:
No:
2,222
1,392
1,347
707
1,750
375
2,476
453
2,206
583
629
239
CCXXII RESULTS OF REFERENDUM ELECTIONS
Referendum Election Results: Acts of the 1984 Session of the General Assembly
County
Page
No.
SUBJECT
Date of
Election
Result
McIntosh
Polk
City of
Cedartown
Putnam ....
Richmond.
Rockdale
City of
Conyers.
Stewart...
Turner
Turner
Upson
4106
4261
4657
5119
4884
3513
4862
4563
4576
Appointment of School Superintendent by
Board of Education.....................
Homestead Exemptions
Additional Homestead Exemption for persons
65 or older.................................
Board of Education of Richmond County-
Composition of Board, Election Districts,
Etc. Changed.........................
Homestead exemption for persons 62 and over
Board of Commissioners
CreatedElection, terms of office,
Compensation, Etc..............
Board of Education of Turner County-
Education DistrictsElection of
Members, Etc.........................
Board of Commissioners of Turner County
CompositionElection of Members Etc. ..
Board of Education of Upson County-
Education Districts Changed, Etc. ...
5-15-84
11- 6-84
8-14-84
11- 6-84
5-26-84
3-13-84
5-15-84
5-15-84
8-14-84
Yes:
No:
221
577
Yes: 1,170
No: 45
Yes: 1,249
No: 164
Yes:
No:
Yes:
No:
Yes:
No:
Yes:
No:
Yes:
No:
Yes:
No:
26,594
9,857
91
2
625
820
316
171
311
175
2,496
838
RESULTS OF REFERENDUM ELECTIONS CCXXIII
Referendum Election Results: Acts of the 1984 Session of the General Assembly
County
Page
No.
SUBJECT
Date of
Election
Result
Upson ..
Upson ..
Wayne..
Wheeler
Wilkes..
Wilkinson
City of
Gordon
3729
4367
3971
3601
3838
3923
Upson County Board of Commissioners
Commissioner Districts, Etc.......
Upson CountyAppointment of School
Superintendent by Board of Education
Wayne County Board of Education
Education Districts, Etc. Changed.
Wheeler CountyBoard of Education
Election of members, Etc........
Board of Education CreatedDistrict
Election of Members, Etc...........
Homestead Exemptions
4-17-84
11- 6-84
3-13-84
8-14-84
8-14-84
Yes:
No:
708
344
Yes: 1,903
No: 2,650
No Election Held
Pursuant to Court Order
Yes:
No:
Yes:
No:
Yes:
No:
425
270
689
909
458
47
CCXXIV RESULTS OF REFERENDUM ELECTIONS
RESULTS OF REFERENDUM ELECTIONS CCXXV
BY THE GOVERNOR
OF THE STATE OF GEORGIA
A PROCLAMATION
BY THE GOVERNOR:
WHEREAS: Pursuant to the provisions of Article X, Section I,
Paragraph II of the Constitution of the State of Geor-
gia of 1983, eleven Constitutional Amendments to
the Constitution of the State of Georgia of 1983 were
submitted to the electors of the State of Georgia
for ratification or rejection at the General Election
held on November 6, 1984; and
WHEREAS: The number of votes cast for and against the ratifica-
tion of the 11 Constitutional Amendments to the
Constitution of the State of Georgia of 1983 voted
on in the General Election held on November 6,
1984, have been counted, tabulated, computed and
canvassed by the Secretary of State of the State of
Georgia, and the results thereof certified to me as
Governor of the State of Georgia; and
WHEREAS: Said certifications are attached hereto and by refer-
ence are made a part hereof; and
WHEREAS: Code Section 21-2-502 of the Official Code of Georgia
Annotated provides that the Governor shall issue
his proclamation declaring the results of the vote
of each proposed Constitutional Amendment.
NOW, THEREFORE, PURSUANT TO THE AU-
THORITY VESTED IN ME AS GOVERNOR OF
THE STATE OF GEORGIA, IT IS HEREBY
PROCLAIMED: That proposed Constitutional Amendments num-
bers 1, 2, 4, 5, 6, 7, 8, 9, 10, and 11 which appeared
upon the 1984 General Election ballot, all of which
are Amendments to the Constitution of the State
of Georgia of 1983, having been ratified according
to the Constitution of the State of Georgia of 1983
according to the results of the November 1984 Gen-
eral Election held on Tuesday, November 6, 1984,
are a part of the Constitution of the State of Georgia
CCXXVI RESULTS OF REFERENDUM ELECTIONS
of 1983. Unless the amendment itself shall provide
otherwise, each amendment to the Constitution
shall become effective on January 1, 1985.
FURTHER: I do proclaim that proposed Constitutional Amend-
ment number 3 which appeared upon the 1984 Gen-
eral Election ballot, which was a proposed Amend-
ment to the Constitution of the State of Georgia
of 1983 not having been ratified according to the
Constitution of the State of Georgia of 1983 accord-
ing to the results of the November 1984 General
Election held on Tuesday, November 6, 1984, is not
a part of the Constitution of the State of Georgia
of 1983.
This 4th day of December, 1984.
Attest
JOE FRANK HARRIS
Governor
TOM PERDUE
Chief Administrative Officer
RESULTS OF REFERENDUM ELECTIONS CCXXVII
OFFICE OF SECRETARY OF STATE
I, MAX CLELAND, SECRETARY OF STATE OF THE STATE
OF GEORGIA, DO HEREBY CERTIFY THAT in the General
Election held in this State November 6, 1984, the number of
votes cast for and against the eleven (11) General Constitutional
Amendments voted on in said election are tabulated on the
two typewritten pages hereto attached and is the true and cor-
rect total vote as shown by the consolidated returns which are
filed in this office.
IN TESTIMONY WHEREOF, I have hereunto set my hand and
affixed the seal of my office, at the Capitol, in the City of Atlanta,
this 19th day of November, in the year of our Lord One Thousand
Nine Hundred and Eighty-four and of the Independence of the
United States of America the Two Hundred and Ninth.
MAX CLELAND
Secretary of State
CCXXVIII RESULTS OF REFERENDUM ELECTIONS
GENERAL CONSTITUTIONAL AMENDMENTS VOTED
ON NOVEMBER 6, 1984
AMENDMENT
NO. 1
S. R. 267
Res. Act 88
(Ga. L. 1984,
P. 1722)
Shall the Constitution
be amended so as to
provide that a judge
may be suspended from
office upon being in-
dicted for a felony and
may be removed from
office upon being con-
victed of a felony by
this state or by the
United States and to
provide for procedures
and other matters rela-
tive thereto?
YES NO
1,314,599 83,497
94.03% 5.97%
AMENDMENT
NO. 2
S. R. 268
Res. Act 87
(Ga. L. 1984,
P. 1719)
Shall the Constitution 1,286,591
be amended so as to
provide that certain 93.77%
public officials may be
suspended from office
upon being indicted for
a felony and may be re-
moved from office upon
being convicted of a fel-
ony by this state and to
provide for procedures
and other matters rela-
tive thereto?
85,455
6.23%
AMENDMENT
NO. 3
H. R. 505
Res. Act 85
(Ga. L. 1984,
P. 1716
Shall the Constitution
be amended so as to au-
thorize the State Board
of Education to appoint
the State School Super-
intendent?
648,995 679,469
48.85% 51.15%
RESULTS OF REFERENDUM ELECTIONS CCXXIX
AMENDMENT
NO. 4
S. R. 274
Res. Act 90
(Ga. L. 1984,
P. 1726)
Shall the Constitution 887,528
be amended so as to:
(1) Authorize the 72.41%
General Assembly by
law to change previ-
ously existing public
retirement or pension
laws of this state to re-
define involuntary sep-
aration from employ-
ment and to provide
additional or revise ex-
isting limitations or re-
strictions on the right
to qualify for a retire-
ment or pension benefit
based on involuntary
separation from em-
ployment and to affect
present members of
public retirement or
pension systems as a
result of the revision of
such laws;
(2) Authorize the
General Assembly by
law to define or rede-
fine part-time service,
including but not lim-
ited to service as a
member of the General
Assembly, for the pur-
poses of any previously
existing or future pub-
lic retirement or pen-
sion system and place
limitations or restric-
tions on the use of part-
time service as credita-
ble service under any
such system and to af-
fect present members
of any public retire-
338,250
27.60%
CCXXX RESULTS OF REFERENDUM ELECTIONS
ment or pension system
in connection there-
with; and
(3) Provide restric-
tions on retirement or
pension benefits based
on involuntary separa-
tion from employment
as applied to public re-
tirement or pension
systems created in the
future?
AMENDMENT
NO. 5
S. R. 307
Res. Act 84
(Ga. L. 1984,
P. 1714)
Shall the Constitution 1,005,677 283,368
be amended so as to
prohibit the payment 78.02% 21.98%
of retirement benefits
based on involuntary
separation from em-
ployment to any past,
present, or future Gov-
ernor of the State of
Georgia as a result of
ceasing to hold office as
Governor for any rea-
son, except for medical
disability?
AMENDMENT
NO. 6
H. R. 30
Res. Act 24
(Ga. L. 1983,
P. 972)
Shall the Constitution
be amended so as to
provide that the office
of any state, county, or
municipal elected offi-
cial shall be declared
vacant upon such
elected official qualify-
ing for another state,
county, or municipal
office or qualifying for
the House of Represen-
tatives or the Senate of
the United States if the
term of the office for
965,952 248,185
79.56% 20.44%
RESULTS OF REFERENDUM ELECTIONS CCXXXI
which such official is
qualifying for begins
more than 30 days
prior to the expiration
of such officials pres-
ent term of office?
AMENDMENT
NO. 7
H. R. 185
Res. Act 71
(Ga. L. 1984,
P. 1707)
Shall the Constitution
be amended so as to
change the amount of
and eligibility for the
homestead exemption
granted to disabled vet-
erans and provide a
method of changing
this amount and eligi-
bility in the future?
848,849
68.87%
AMENDMENT
NO. 8
S. R. 300
Res. Act 83
(Ga. L. 1984,
P. 1713)
Shall the Constitution
be amended to author-
ize general obligation
debt to be incurred to
provide public library
facilities for county
and independent school
systems or for counties,
municipalities, or
boards of trustees of
public libraries or pub-
lic library systems?
720,622
59.45%
AMENDMENT
NO. 9
H. R. 589
Res. Act 80
(Ga. L. 1984,
P. 1711)
Shall the Constitution
be amended so as to
provide that property
qualifying for preferen-
tial assessment which
is devoted to bona fide
agricultural purposes
may be owned by an es-
tate of which the devi-
sees or heirs are one or
more natural or natu-
ralized citizens or by a
646,826
57.22%
383,721
31.13%
491,494
40.55%
483,563
42.78%
CCXXXII RESULTS OF REFERENDUM ELECTIONS
trust of which the bene-
ficiaries are one or
more natural or natu-
ralized citizens?
AMENDMENT
NO. 10
H. R. 733
Res. Act 68
(Ga. L. 1984,
P. 1703)
Shall the Constitution
be amended so as to au-
thorize the creation of
community improve-
ment districts for the
purpose of providing
governmental services?
638,367
54.13%
AMENDMENT
NO. 11
H. R. 444
Res. Act 72
(Ga. L. 1984,
P. 1709)
Shall the Constitution
be amended so as to re-
quire that a local law
which authorizes the
exercise of additional
redevelopment powers
by counties and munic-
ipalities be approved in
a referendum by a ma-
jority of the qualified
voters voting thereon
in the county or munic-
ipality affected?
828,352
71.82%
541,027
45.87%
324,986
28.18%
For any information regarding these
ACTS and RESOLUTIONS please contact:
MAX CLELAND
Secretary of State
CCXXXIII
ffe hot Gif&uyt&fc
gjtQjjgg MOT